"Knowledge is no guarantee of good behavior, but ignorance is a virtual guarantee of
What is the essence of corruption? This is a question raised by the recent Supreme Court jurisprudence around Citizens United v. FEC. For Justice Kennedy and the Court has concluded, as a matter of law, that only quid pro quo corruption is corruption. An out and out bribe is corrupting, but throwing a congressman a $100,000 party or treating them to fancy meals and trendy restaurants, that is just exercising the right to freely speak with one's elected representatives. That such lavish expenditures come with expectations is, the Court insists, improvable and simply part and parcel of our democratic system.
In Republic, Lost: How Money Corrupts Congress—and a Plan to Stop It, Lawrence Lessig explores fully the impact of such "soft" corruption. He writes that the enemy we face today is not a Hitler or even the good Germans who would enable a Hitler. "Our enemy," Lessig writes, "is the good Germans (us) who would enable a harm infinitely less profound, yet economically and politically catastrophic nonetheless. A harm caused by a kind of corruption. But not the corruption engineered by evil souls. Indeed, strange as this might sound, a corruption crafted by good souls. By decent men. And women." Such a crime, he insists, is banal, but "not the banal in the now-overused sense of Hannah Arendt's The Banality of Evil—of ordinary people enabling unmatched evil (Hitler's Germany). Our banality is one step more, well, banal."
Lessig is right to worry that Arendt's phrase is overused, but what is more banal in the banality he so penetratingly describes in his book? In any case, his book better describes the kind of endemic corruption that infects our political system than any other. It should be read.
It is also important to remember that real corruption still exists in our world. It may be more a rarity at a time when one can accomplish so much corruption through legal means, but examples of bold and brazen corruption remain.
Lance Armstrong's web of corruption that silenced and intimidated dozens of his colleagues for over a decade is one example of how corruption can succeed, against all odds, but only for a time. Rumors of Armstrong's drug use floated around for a decade, and yet he still denies it. It took years for the web of deceit to break. As the NY Daily News wrote in an excellent review of the scandal:
The Armstrong myth was so lucrative that suppressing the truth came to require an endless behind-the-scenes campaign to bully and intimidate people into silence. Some of it bordered on gangsterism. Some of it was dressed up in the respectable wardrobe of elite law firms. But mostly it was just hot air - a fact that by 2010 had become clear enough to Floyd Landis that he stepped up and burst the bubble, blowing the whistle on the whole big fraud.
We tend to ignore corruption because it seems so inconceivable in our age of transparency. Corruption requires that the truth be kept hidden. This is extremely difficult and possible only through force and violence and even terror. But eventually, the truth comes out. As Hannah Arendt wrote in another context, "holes of oblivion do not exist." Eventually, the truth will emerge, no matter how many interests and how much money and violence is spent in the futile effort to prevent that from happening.
What brings to mind these brief reflections on the continued efficacy of corruption as well as its eventual failure is an article recently published in The Nation on the Hershey Trust. The author of the story is Ric Fouad, who is also a member of the Arendt Center's Board of Advisors. He is a graduate of the Milton Hershey School and together with a handful of other activists has been fighting a lonely battle against what he sees as the corruption of the Hershey Trust's Board, a fight that for him is inspired by Hannah Arendt's insistence on both truth, courage, and public action.
A little background. Milton Hershey was not just a brilliant chocolatier who had a radical vision of making chocolate—previously marketed only to the wealthy—available to the masses. He was also profoundly philanthropic. Unable to have children, Hershey left his entire personal fortune to the Hershey Trust, whose mission was to administer The Milton Hershey School, a school that Hershey founded to help and educate orphaned boys—the school is now coed and serves children with living parents. That fortune is now worth nearly $8 billion.
By his own account, Milton Hershey's life work would be to help orphaned children, whose plight touched him deeply. Hershey wanted his school to bring orphans into a revolutionary new kind of school, free from industrial buildings common to orphanages. The children were to live in beautiful homes in a bucolic paradise on 12,000 acres of land. They were to work on farms to learn character and attend a school that includes a vocational curriculum as well and have great teachers. It had all the potential to be an extraordinary facility set in truly magnificent settings.
So what is not to like? Well, for one thing, the Hershey Trust has been under investigation for six years, with no resolution and amidst plenty of accusations and charges about misspent funds and broken trust. The bucolic community-wide children's home was telescoped into a crowded centralized campus; the farms were all closed; the vocational program barely survives; and the poorest children, wards of the court, and foster care children came to be rejected in favor of what the administrators deemed a "better" class of child. Local developers made tens of millions in the process.
Tasked with administering the Milton Hershey School, the Trust's incredible resources enabled it to do much else besides. This could be an amazing opportunity to do good. It could also and become a magnet for powerful and connected people who finagled their ways onto the Hershey Trust board in order to access and control the vast wealth the Hershey Trust possessed. And that is what the article in The Nation, as well as numerous investigative articles here, here, and here, in The Philadelphia Inquirer, have alleged. You can also watch Ric Fouad's Harvard Law School lecture "Hershey's Broken Trust" here.
In Republic, Lost, Lessig writes:
The great threat to our republic today comes not from the hidden bribery of the Gilded Age, when cash was secreted among members of Congress to buy privilege and secure wealth. The great threat today is in plain sight. It is the economy of influence transparent to all, which has normalized a process that draws our democracy away from the will of the people. A process that distorts our democracy from ends sought by both the Left and the Right: For the single most salient feature of the government that we have evolved is that it discriminates against all sides to favor itself.
As true as that is about government, it is also true for cycling legends and political clubs. When corruption of all kinds pervades institutions throughout our society, it is only natural that cynicism abounds and we lose faith in the process of government as well as in the integrity of business. It is time to take corruption seriously in this country, and not explain it away as something that happens elsewhere in less civilized and less democratic countries.
You can read an excerpt of Lessig's Republic, Lost... here, at Amazon.com, where you can also buy his book.
"Teaching is not a lost art but the regard for it is a lost tradition. Hence tomorrow's problem will not be to get teachers, but to recognize the good ones and not discourage them before they have done their stint."
—Jacques Barzun, Teacher in America
Jacques Barzun has died. With his passing we lose another of the grand European-born intellectuals who made America their home. Barzun was born in 1907, one year after Hannah Arendt. He did not come to the United States persecuted for his religion. He came in 1920 to pursue a university education at Columbia. He graduated Columbia in 1927, received his Ph.D. in 1932 and taught at Columbia until his retirement in 1975. Along the way he became one of the nation's preeminent scholars and public intellectuals.
Here is what Edward Rothstein writes today in the New York Times:
[Barzun] wrote dozens of books across many decades, demonstrating that old age did not necessarily mean intellectual decline. He published his most ambitious and encyclopedic book at the age of 92 (and credited his productivity in part to chronic insomnia). That work, “From Dawn to Decadence,” is an 877-page survey of 500 years of Western culture in which he argued that Western civilization itself had entered a period of decline.
Mr. Barzun was both of the academy and the public square, a man of letters and — he was proud to say — of the people. In books and in the classroom he championed Romantic literature, 19th-century music and the Western literary canon. He helped design the influential “great books” curriculum at Columbia, where he was one of its most admired figures for half a century, serving as provost, dean of faculty and university professor.
As an educator Mr. Barzun was an important critic of American universities, arguing in 1968 that their curriculums had become an undisciplined “bazaar” of miscellaneous studies.
But he was also a popularizer, believing that the achievements of the arts and scholarship should not be divorced from the wider American culture. Writing for a general audience, he said, was “a responsibility of scholars.”
Barzun's work touched nearly every part of humanistic thought, from his work on Berlioz to his late epic on the decadence of Western culture. In “Darwin, Marx, Wagner: Critique of a Heritage," he took up the critique of scientific culture initiated by Friedrich Nietzsche and Max Weber. As did Hannah Arendt, Barzun worried deeply about the way scientific thinking was intruding upon the realm of human freedom and human creativity. His last book, From Dawn to Decadence, traces Western civilization from the renaissance to the present. It is at once sad in its mourning of lost greatness and optimistic about the impending regeneration. Barzun is a brilliant guide through the ages of the western mind.
Above all Barzun was a teacher. For all of us committed to the dual goals of enlivening and making accessible the world of ideas, the loss of Jacques Barzun is a day to recall the nobility of that enterprise.
How do our understandings of democracy shape how we imagine racial equality and the means by which it might be achieved? That was the question posed by Maribel Morey at the most recent lunchtime talk at the Arendt Center. Morey is currently a fellow at the New York University School of Law, and she has recently completed her dissertation in the Department of History at Princeton University. Building upon her research on the Swedish economist and social theorist Gunnar Myrdal, Morey offered an incisive comparative reading of Myrdal’s book An American Dilemma (1944) and Hannah Arendt’s essay “Reflections on Little Rock” (1959).
As became evident in the course of her talk, these texts posit different visions of democracy in the U.S., and they come to different conclusions about a central feature of the civil rights era: the federally enforced integration of public schools in the segregated South.
Myrdal was a strong advocate of such government intervention. In his argument, the premises and principles of American democracy effectively demand the racial integration of schools and other institutions, and it is legitimate for the federal government to enforce such integration for the sake of America’s ongoing democratic life. This position insists that education constitutes a crucial public resource provided by the state, and it proposes that inequitable access to this resource limits individual and collective participation in the political realm. Indeed, Myrdal goes even further by contending that discrimination and segregation violate the very “American creed”—the liberal commitment to equality and fair treatment—that makes national co-existence possible. Since its initial publication, Myrdal’s position has exerted a deep influence on U.S. public discourse: it played a key role in civil rights activism in the 1950s and ‘60s, and it figured prominently in the Supreme Court’s Brown vs. Board of Education decision.
Arendt was also committed to the project of political equality in the U.S., but she parts ways with Myrdal by sharply questioning the legitimacy of federally enforced integration. On the one hand, she objects to this form of intervention because it “burden[s] children, black and white, with the working out of a problem which adults for generations have confessed themselves unable to solve”. Government-mandated integration thereby inserts young people into a political struggle for which they are not prepared and to which they do not properly belong. On the other hand, Arendt takes issue with the way that federally mandated integration transgresses the boundaries that ought to be maintained between the realms of political, social, and private life.
These boundaries are necessary, in Arendt’s argument, because polity, society, and privacy are defined by different animating principles. Politics is defined by the principle of equality: all adult citizens enjoy the same right to vote and be voted into office, and no differences should exist in their ability to participate in the polity. By contrast, the social realm is characterized by the principle of discrimination: social relations follow the adage “like attracts like,” according to Arendt, and individuals are therefore entitled to associate—and not associate—with others along the lines of profession, class origin, ethnicity, level of education, and other vectors of difference. Finally, the private realm is defined by the principle of exclusiveness: individuals choose the people with whom they will spend their lives on the basis of those people’s unique qualities, and the government should and indeed must assure “the rights of every person to do as he pleases within the four wall of his own home.”
Arendt charges that state action in the service of racial integration is acceptable when it attacks the legal enforcement of discrimination in the political realm. One of her key differences with Myrdal, however, lies in the fact that she does not regard the education provided by the school as necessary for political participation. Indeed, she does not ultimately consider the school to be a “political” institution at all. To be sure, the state has the right to prescribe educational content that will prepare children for future work and citizenship. But in Arendt’s argument government cannot dictate the forms of association and social life that emerge in school, and it cannot infringe on parents’ rights to bring up their children as they deem appropriate. These points lead her to a rather provocative conclusion: “to force parents to send their children to an integrated school against their will means to deprive them of rights which clearly belong to them in all free societies—the private right over their children and the social right to free association.”
As Roger Berkowitz writes in his essay "Solitude and the Activity of Thinking," Arendt's argument is grounded on her belief that a vibrant private realm is a constitutive need of a free political society. Without a strong protection of the private realm where people can grow to be different, unique, and self-thinkers, there will be no true plurality, which is the condition for action and politics. The price for plurality, she writes, is that we allow for people to live freely in private. It is for this reason that Arendt argues against anti-miscegenation law and why she would insist on the right to gay marriage. For Arendt, there is nothing more constitutive of privacy than the right to raise one's children as one wishes. For the state to forcefully require parents to send their children to a specific kinds of school means, she writes, that there would be no meaningful realm of privacy left—which would endanger the plurality she understands is the pre-condition of politics. As Berkowitz writes:
What offends Arendt in the Little Rock case is not the ideal of desegregation, but the danger that well-intentioned governmental attacks on social discrimination will erode the walls of privacy that nourish the possibility of thinking and of acting—and thus of plurality. Since the space for solitary thought depends on the protection of a vibrant private realm, the protection of privacy is a necessary first step in the cultivation of thoughtful political action.
Given the controversial nature of Arendt’s position, it should come as no surprise that much of the discussion turned on the questions her essay leaves unanswered. For example, many audience members wondered about the connections between private upbringing, social discrimination, and political equality. What is it that enables or requires citizens to forego the discrimination they practice in social life so that they might recognize other citizens as equals?
For that matter, how is it possible for people to transcend those aspects of their familial socialization that might hinder them from participating in politics without prejudice?
Other listeners focused on the two writers’ divergent intellectual predilections. As several of them noted, Myrdal’s work reveals a basic confidence in the ability of government, working in tandem with enlightened social science, to conceive and implement policies that further democratic freedoms. Arendt, on the other hand, betrays a much more skeptical stance not only on power of the state, but also on the capacity of social scientists (like Myrdal) to guide productive social and political interventions.
Finally, discussion turned to one point where Arendt, despite the contentious nature of her remarks, might be developing a more interesting view of democratic societies than Myrdal. As Morey noted in the Q and A, Myrdal’s reflections on democracy are ultimately premised on the existence of a national Volk defined by broad moral and cultural commonality. Prejudice and discrimination are pernicious, in his reading, because they prevent racial minorities from complete integration into the nation and its defining sense of peoplehood. Arendt’s vision, by contrast, adopts a much more guarded stance toward “conformism” of this sort. Indeed, “Reflections on Little Rock” proposes that people have a strong right to their opinions and sentiments in the private and social realms, even when those opinions and sentiments are deeply unpalatable in the wider public sphere and polity. As a result, Arendt’s notion of democracy appears to allow much greater room for the existence and maintenance of difference.
On the whole, then, Morey’s talk cast thoughtful light on the work of these two thinkers. It sought neither to venerate nor to dismiss their claims wholesale, but instead probed the many differences in their starting points and claims. In the end, Myrdal and Arendt’s positions seemed so divergent that it was hard not to regard them as “two ships passing in the night”—despite their common abhorrence of racial segregation.
You can view Maribel Morey's talk and the ensuing discussion on the Hannah Arendt Center website, here.
Maribel Morey's essay, "Reassessing Hannah Arendt's 'Reflections on Little Rock' (1959)" was published in the Journal of Law, Culture, and the Humanities. You can sign in with a password to read the article here.
“Arendt's Death Sentences”
Comparative Literature Studies, Vol. 48 No. 3, 2011. pp. 280-295.
Over the last decade Judith Butler has expanded her focus from the constitutive role of performance for gender to broader questions of power. This article focuses on a contradiction between law and revenge in Eichmann in Jerusalem and examines the perplexing last pages of the postscript that appear, unexpectedly, to come down on the side of revenge.
As most readers of Arendt know, after a circuitous but impressive scholarly path, Arendt burst on to the cultural scene with Eichmann in Jerusalem in 1963.
Often condemned for its tone as much (if not more) as its contents, the book continues to draw attacks from those who fault Arendt for criticizing the prosecutor's attempt to conflate the specific trial of Eichmann with the Holocaust as a whole and for discussing the role of the Jewish councils in Nazi Germany. Even the most refined minds of the time refused to accept the limited scope of Arendt's report: Gershom Scholem accused Arendt of lacking "ahavath Yisrael" (solidarity with the Jewish people).
From this perspective, Butler offers a particularly bold reading of the text. She begins with a description of the conflict between two conceptions of justice in the trial. Arendt continually argues against vengeance and criticizes the trial for scapegoating Eichmann and making him stand in for the entire Holocaust. Instead, she argues for a strictly legal judgment and sees the judges as deciding correctly in their verdict. One might expect the argument (and the book) to end there. However, in the last pages of the postscript she presents a long imagined speech from the judges that would better explain their reasoning, and this reasoning has an undeniable element of revenge:
“Because he had been implicated and had played a central role in an enterprise whose open purpose was to eliminate certain 'races' from the surface of the earth, he had to be eliminated.” (Arendt, Eichmann, 277)
Butler asks what justification this “verdict voice” can appeal to, since Arendt does not explain her statement that we can't “share the earth” with such a person. She carefully describes the tone and syntax of the speech, noting for example, that “the voice moves in sudden fugitive shifts between 'I' and 'we'” (Butler 294). Through these shifts the reader sometimes recognizes Arendt's voice from earlier in the book that calmly argues for norms, but often the voice supports revenge instead. Butler suggests that the two registers are not meant to meld but that the mix of voices itself might indicate a connection that she wish had existed between the judges and people. Drawing on a key concept from The Human Condition, Butler writes, “the plurality enacted here […] is unchosen, compelled, agonistic, and inconsistent” (295). In other words, the voice speaks for a people that is forced to present itself despite its divisions. One might say that Butler's reading of Eichmann, unlike that of Scholem, does indicate a sympathy with the Jewish people, albeit one that abandons unquestioning support.
Most strikingly, Butler says that this “punishment invariably continues some part of the crime” (Butler 295). The voice is not clearly attributed and in its multiplicity and lack of clear origin, Butler suggests a judgment from a specific kind of plurality, one that is implicated with the crime that it takes a stand on. As such it offers a specific case of a judgment that isn't based only on pre-existing law.
Butler's interpretation of the difficult moves that she highlights will undoubtedly provoke. Since she allows Arendt's plural voices including her view that revenge can play a role in Eichmann's verdict, her conclusion is counterintuitive- if not a stark affront to our common sense understanding of the law. Butler thus parallels recent arguments by Roger Berkowitz, that Arendt opens the question of vengeance because modern understandings of criminal law are inadequate to understand Eichmann's guilt. If Berkowitz finds Arendt's other voice in the language of non-reconciliation, Butler insists above all on plurality. By submitting one of the most perplexing passages of Eichmann to detailed examination and exegesis, both authors offer concrete examples of how Arendt's conception of judgment might work.
Read a related article by Judith Butler here.
"The world is a tragedy to those who feel, but a comedy to those who think.”
― Horace Walpole
"Education is the point at which we decide whether we love the world enough to assume responsibility for it and by the same token save it from that ruin which, except for renewal, except for the coming of the new and young, would be inevitable."
—Hannah Arendt, The Crisis in Education
Hannah Arendt writes that the fact that we are born into the world—the fact of natality—is the essence of education. She means that every newborn baby comes into the world both free and yet also constrained. Newcomers are free insofar as there is no way of knowing in advance what a young person will become or who she will be. The newcomer is constrained, however, because he is always born into an already-existing world, one with particular customs, limitations, and opportunities. To educate that newcomer is to respond both to the freedom and constraint into which he is thrown. As free, the child must be taught to act courageously in new and surprising ways. As constrained, the newcomer must accept the responsibility as a member of an already existing world, one he must somehow make his own.
From the Latin educare, to educate means to lead into or draw out. Education is the activity of leading a child into the world, of drawing her into the world. Parents educate their children by drawing them out of their private selves and into the world of the family, their community, and their society.
Schools educate, in turn, by drawing students out of the confines of their families and into the wider political and social world. Education is always an entry into an old world. And yet, it is always a new experience with infinite possibilities for every new initiate.
Education, Hannah Arendt tells us in the quotation above, is about the love for the world. To have children, something she did not do, and to educate young people, something she did brilliantly, is to bring new young people into an old and existing world. To make that choice is to "assume responsibility" for that world, to love it enough—in spite of all of the evil and ugliness—to welcome the innocent. Only when we decide to assume such an awesome responsibility for the world as it is and to love that world, can we begin the activity of education.
Education is also a process of saving the world from ruin—a ruin that is inevitable for all mortal and human endeavors. Made by humans acting together, the world will disappear if we do not care for it and refresh it. The world is not a physical entity but is the "in-between" that connects us all. Like a "table that is located between those who sit around it," the world is the world of things, actions, stories, and events that connect and divide all persons living together in a common world. Without newcomers who are introduced into the world and taught to love it as their own, the world will die out.
There are of course some who reject the love for the world that makes education possible. There are always reasons to do so, ranging from poverty and racism to war and famine. Rebellion is, of course, sometimes justified. There are times, as with Arendt's judgment of Adolf Eichmann, where one must say simply: A world with such people as Eichmann in it is not a world I can love. That is why Arendt argues that Eichmann must be killed. But such judgments of non-reconciliation are, for Arendt, inappropriate in the act of educating young people.
To love the world enough to lead students into it means also that we love our children enough to both bring them into the world and leave to them the chance of changing it. Arendt writes:
And education, too, is where we decide whether we love our children enough not to expel them from our world and leave them to their own devices, nor to strike from their hands their chance of undertaking something new, something unforeseen by us, but to prepare them in advance for the task of renewing the common world.
If we love our children, and our world enough, then we do not make the decision to expel the children from that world. We don't make the decision of rebellion or non-reconciliation for them. The point is that education of the young must leave to the young the right of "undertaking something new, something unforeseen by us."
A teacher must not cross the line and tell the student what to do about the world, for that is the right of the student himself. All the teacher can and should do is prepare students for such a decision, by leading them into an existing world and offering them examples of those who, through freedom and constraint, have throughout history worked to renew and re-inspire our common world.
While teaching is never easy, it is particularly difficult in the 21st century, at a time when the "common world," the world of things that unite us, is changing at such a pace that that teachers and students increasingly live in very different worlds. It's one thing for teachers to not be up on the latest fashions or music; but when teachers and students increasingly get their news from different media, live in different virtual realities, and communicate differently about the worlds they inhabit, the challenges grow. Teaching is of course still possible, but it takes significantly more effort and reflection to think about what that common world is into which we are leading our students. The love of the world has never been so difficult or so necessary.
Golden Dawn, the far-Right fascist party in Greece continues to grow in popularity and violence, according to the Wall Street Journal. Last week the Journal reports:
In a rundown, immigrant-filled neighborhood here, Ilias Panagiotaros, a member of Parliament from Greece's far-right Golden Dawn party, used a megaphone Friday night to exhort an angry crowd to "fight against foreign invaders."
A family watching from a second-floor balcony scrambled for cover as demonstrators hurled bottles and stones at them. "We're going to spill your blood, you Albanian pigs," a man in the flag-waving throng screamed.
Hundreds of protesters marched through the narrow streets—some spraying nationalist graffiti on building facades, others shouting obscene taunts at immigrants. Mr. Panagiotaros, a heavyset man with a shaved head, led them in a resounding chant: "Foreigners out. Greece for the Greeks."
Now this weekend the Washington Post has a follow up (as Walter Russell Mead writes). The Post describes a Greek army surplus store that proudly displays a sticker that carries a favorite party slogan: “Get the Stench out of Greece.” The Post continues:
By “stench,” the Golden Dawn — which won its first-ever seats in the Greek Parliament this spring and whose popularity has soared ever since — means immigrants, broadly defined as anyone not of Greek ancestry. In the country at the epicenter of Europe’s debt crisis, and where poverty and unemployment are spiking, the surplus shop doubles as one of the party’s dozens of new “help bureaus.” Hundreds of calls a day come in from desperate families seeking food, clothing and jobs, all of which the Golden Dawn is endeavoring to provide, with one major caveat: for Greeks only.
Attacks have not stopped at foreigners. One Golden Dawn legislator slapped a left-wing female politician on national television. Party supporters have attempted to shut down performances of progressive theater. Activists see the party’s hand behind three recent beatings of gay men. The Golden Dawn has also begun engaging left-wing anarchy groups in street battles — more evidence, observers say, of a societal breakdown that some here fear could slide into a civil war if Greece is forced out of the euro and into an even deeper crisis.
But perhaps more worrisome, critics say, are signs that the Golden Dawn is establishing itself as an alternative authority in a country crippled by the harsh austerity imposed by its international lenders. It has set up its own “pure” blood bank, providing and accepting donations to and from Greeks only, in a nation of 11 million that is also home to roughly 1.5 million refugees and migrants, many of them from the Middle East, South Asia and Africa. As the party attempts to place a swelling number of unemployed in jobs, its officials say they have persuaded a major restaurant chain to begin replacing immigrants with Greek workers.
The Arendt Center is keeping a close eye on Golden Dawn. The increasing popularity of the party in Greece, which currently polls at over 20% of the Greek population, is a reminder that real economic crises rarely limit themselves to economic upheaval. Many names and words will be bandied about in and with regard to Greece. People will talk about fascism, racism, and totalitarianism. The point is to keep our eyes open to what is happening, which at this point is ugly political nativism along with racialized violence that is gaining enough popular appeal so that it is not being confronted and stopped by legal authorities. It is partly a result of racism, but also a consequence of the utter loss of power and legitimacy on behalf of the Greek elite and the Greek government that has abandoned Greek self-rule to a technocratic European elite. When people feel totally helpless and out of control, as Greeks do today, they will unfortunately seek out scapegoats and victims. The last thing they want to admit is that it is the Greek people themselves and their leaders who are to blame for their predicament.
One key step in any move towards totalitarianism is the erasure of legal citizenship or legal protections for a defined minority. Legal and illegal immigrants are already vulnerable groups even in good times. The danger is that immigrants lose even the basic legal protections and rights that they currently have and, once they do, become superfluous people, the kind of people who simply can be rounded up, imprisoned, expelled, or killed without any legal notice or response—or even according to the law. That of course is not happening in Greece. Let's hope it does not.
The Arendt Center recently hosted Professor Zephyr Teachout to speak about Citizens United v. FEC and campaign finance reform. The talk was in honor of Constitution Day, which Professor Teachout joyfully informed us may very well be unconstitutional. We carried on.
Teachout began her talk by announcing that the "First Amendment is a terrible thing." Less provocatively, she argues that the First Amendment plays a "dangerous role" in our constitutional culture. Above all, she presented her argument that the Supreme Court's increasing reliance on the First Amendment to invalidate campaign finance laws is, ironically, used to shut down meaningful public debate around the proper role of lobbying in our politics.
She began by telling a story of the Supreme Court case Trist v. Child from 1874. The case involves Mr. Trist who had a claim against the U.S. Government for about $15,000 (about $100,000 in current dollars). Trist hired Child, a lawyer, to represent him and convince Congress to honor its debt. Among other things, Child encouraged Trist to have his friends write to Congressman threatening not to vote for them if they didn't honor this debt to Trist. Child also personally lobbied Congressman. He eventually succeeded in getting Congress to appropriate Trist's money.
Trist, however, refused to pay Child the fee agreed to in their contract. Child sued Trist to get his agreed upon money.
In the Supreme Court decision refusing to enforce the contract, the Court holds that Trist need not pay Child; a number of reasons are given, a few very technical. But the majority of the opinion by Justice Swayne rejects the legality of lobbying with a broad brush. Trist need not honor his contract with Child, Swayne writes, because there was no valid contract. In short, the original contract hiring Child as a lobbyist was immoral and illegal, and thus unenforceable. Justice Swayne argues that the very immorality of the practice of lobbying nullifies the contract between Trist and Child.
Teachout helpfully describes the issue this way. Child says something like: Our contract was just like a contract for me to sell you a car and now you don't want to pay me for the car now that you have it. Trist responds that, in Teachout's colorful analogy,
No, this is like we made a contract for prostitution, and you can't go to the cops after we made a contract for prostitution and get them to enforce that contract. Because lobbying is like prostitution. It is so corrupt that there is no way courts are going to enforce it.
Writing for the Supreme Court, Justice Swayne puts it this way:
The agreement in the present case was for the sale of the influence and exertions of the lobby agent to bring about the passage of a law for the payment of a private claim, without reference to its merits, by means which, if not corrupt, were illegitimate, and considered in connection with the pecuniary interest of the agent at stake, contrary to the plainest principles of public policy. No one has a right in such circumstances to put himself in a position of temptation to do what is regarded as so pernicious in its character. The law forbids the inchoate step, and puts the seal of its reprobation upon the undertaking.
If any of the great corporations of the country were to hire adventurers who make market of themselves in this way, to procure the passage of a general law with a view to the promotion of their private interests, the moral sense of every right-minded man would instinctively denounce the employer and employed as steeped in corruption and the employment as infamous.
There are two remarkable things about Justice Swayne's argument. First, as Teachout notes in her talk, there was nothing remarkable about it in 1874. Many states and governments throughout the U.S. made lobbying illegal. It was seen as an act of corruption. And few if any courts in the U.S. would find this unusual, at least before the turn of the 20th century.
The second remarkable thing to note is how utterly remarkable Justice Swayne's argument is today. To speak of the millions of lobbyists in the US as "adventurers who make market of themselves" as offending the "moral sense of every right-minded man" is a painful reminder of how far our political system has fallen. Not only is the moral prohibition against lobbying something of the past, but also the idea that the Supreme Court would invalidate contracts based on lobbying is nearly unimaginable.
The reason for this change in the legal and even moral status of lobbying is, Teachout argues, the rise of free-speech jurisprudence in the 20th century. Specifically, the Court's acceptance of the basic claim freedom of speech is the fundamental foundation of our democratic system has made lobbying not only legal, but morally defensible. If democracy depends on a marketplace of ideas, then having corporations and individuals hire lawyers and public relations firms to buy and sell influence in politics is at the very foundation of democratic governance. What Teachout forces us to consider is that our elevation of the First Amendment to foundational status in our constitutional firmament is predicated on a political theory that founds democracy on the unfettered marketplace of ideas. If we are to take back our government from corporate adventurers and their lobbyists, we will need to rethink our commitment to free speech, at least as the Court currently understands it.
Teachout's provocative talk attacks less freedom of speech itself than the Court's elevation of free speech to the first amongst all constitutional provisions—the foundational right in our constitutional and democratic system. She traces the rise of free speech jurisprudence to the point where, today, free speech is the paradigmatic right in our democracy. Free speech has become equated with democracy, so that "free speech is democracy."
It is important to see that Teachout is really pointing out a shift between two alternate political theories. First, she argues that for the founders and for the United States up until the mid-20th century, the foundational value that legitimates our democracy is the confidence that our political system is free from corruption. Laws that restrict lobbying or penalize bribery are uncontroversial and constitutional, because they recognize core—if not the core—constitutional values.
Second, Teachout sees that increasingly free speech has replaced anti-corruption as the foundational constitutional value in the United States. Beginning in the 20th century and culminating in the Court's decision in Citizens United, the Court gradually accepted the argument that the only way to guarantee a legitimate democracy is to give unlimited protection to the marketplace of idea. Put simply, truth is nothing else but the product of free debate and any limits on debate, especially political debate, will delegitimize our politics.
This view that free speech is the fundamental bastion of democracy is the basis of Justice Kennedy's decision in Citizens United. In Kennedy's opinion, laws regulating campaign finance regulate speech, and not just force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech." If we believe that fair elections require a free airing of all opinions, than restrictions on campaign finance are the most dangerous forms of censorship. Which is why Kennedy can worry that "The censorship we now confront is vast in its reach."
What he means is that all those corporations regulated by the campaign finance reform law invalidated by Citizens United—including large multinationals and also small mom and pop stores and even unions and non-profit corporations—are prohibited from expressing their views about political candidates during an election. In Kennedy's telling, corporations are part of the country and, what is more, an important part of the country. The Government has “muffle[d] the voices that best represent the most significant segments of the economy."
It is helpful to recall Justice Felix Frankfurter's concurring opinion in U.S. v. Congress of Industrial Organizations. The Smith Act had forbidden unions to use funds to pay for politicking, very much like the limitations on corporate funding in the 2002 Bipartisan Campaign Reform Act. In U.S. v. CIO, the Court refused to rule on the Constitutional question of whether the Congress can forbid unions from political speech. Frankfurter, however, does consider it. He argues that we must take seriously the evil of corporate and union speech in politics. The corruption of elections and federal officials by the expenditure of large masses of aggregated wealth But that evil, he counters, "is not one unmixed with good." For Frankfurter,
To say that labor unions as such have nothing of value to contribute to that process and no vital or legitimate interest in it is to ignore the obvious facts of political and economic life and of their increasing interrelationship in modern society.
Replace "Labor unions" with "corporations." That is what Justice Kennedy did in Citizens United. What he said is that corporations have a voice in our political landscape, just as do unions and non-profits. When such corporate entities engage in speech, there is a danger of corruption. But we cannot deny their speech is politically important. Instead of then balancing those interests in a practical way, Justice Kennedy simply said that the First Amendment insists that political speech never be abridged. Our Constitutional system, he argued, demands that the marketplace of ideas be allowed to work unimpeded.
The overriding desire to protect political speech proceeds under the assumption, with Oliver Wendell Holmes Jr., that "the best test of truth is the power of the thought to get itself accepted in the competition of the market.” What Zephyr Teachout helps to make clear is that this elevation of free-speech to the first amongst constitutional provisions is fundamentally at odds with the desire to regulate political speech to keep politics free from corruption. If we want to get serious about fighting corruption in politics, we need to take seriously the need to question the now unquestionable faith that democracy is founded upon freedom of speech.
To fight against Citizens United and uphold the legal rejection of campaign finance limitations requires that we break the bi-partisan stranglehold that an extreme view of the First Amendment currently has on our constitutional jurisprudence. Only once we do so can we return to a meaningful public debate about when lobbying is and when it is not corrupting. And only once we free campaign finance laws from the First Amendment can we, as we must, have a serious discussion about how much money distorts and corrupts our political process.
These are difficult issues, and weakening the scope and impact of the First Amendment is risky. As Teachout argues, it is a risk we must take to save our democratic system.
The Wall Street Journal ran an interview this week with Luke Muehlhauser, the Executive Director of the Singularity Institute. The Journal asked: Will Artificial Intelligence Make us Obsolete? Muehlhauser's answer was, well yes. In his words:
Cognitive science has discovered that everything the human mind does is done by information processing and machines can do information processing too.
The first statement is clearly false, or at least depends on a strangely mixed up idea of "information processing." The old determinist canard that humans are simply complex machines has not been proven or discovered by cognitive science. And even if humans do process billions upon billions of bits of information it is not at all clear that such a humanly fallible process is reproducible. That is not the claim that cognitive science can make.
But cognitive science can claim that machines can be built that act in ways that are so like humans as to be almost nearly indistinguishable from them. Or, they can even be better than humans in doing many quintessentially human tasks. So machines can not only beat humans at chess, they can make moves that seem like moves only a human could have made, as Gary Kasparov learned to his dismay in the second game of his rematch with Deep Blue. Machines can create paintings that appear to be fully creative, as does Aaron, the painting machine created by artist and computer scientist Harold Cohen. And machines can increasingly make ethical decisions in warfare, as the robo-ethicist Ron Arkin has argued—decisions that are more humane than those made by human warriors.
Too much of the debate over artificial intelligence is caught up in the technical and really irrelevant question of whether machines can fully replicate human beings. The point is that if machines act "as if" they are human, or if they are capable of doing what humans do better than humans, we will gradually and continually allow machines to take over more and more of the basic human activities that make up our world. Already computers make most of the trades on Wall Street and computers are increasingly used in making medical diagnoses. Computers are being used to educate our children and write news stories. Caregivers for the elderly are being replaced by robotic companions. And David Levy, artificial intelligence researcher at the University of Maastricht in the Netherlands, argues that we will be marrying robots in the near future. It is not that these robotic lovers or artificial artists are human, but that they love and paint in ways that do or will soon pass the Turing test: they will be impossible to distinguish from human works.
Undoubtedly one reason machines are acting more human is that humans themselves are acting less so. As we interact more and more with machines, we begin to act predictably, repetitively, and less surprisingly. There is a convergence at foot, and it is the dehumanization of human beings as much as the humanization of robots that should be worrying us.
Literature versus Traffic by Spanish art collective Luzinterruptus.
An installation of 10,000 LED-lit books at Federation Square in Melbourne, Australia for The Light In Winter festival.
The books, recently retired from area public libraries, were given a second life as a glowing river that flowed through the square and into a nearby street. On the final day of the installation, onlookers were invited to take the books home.
See more great images here.
Last week, Barbara Hahn, Distinguished Professor of German at Vanderbilt University and editor-in-chief of the works of the eminent German-Jewish intellectual Rahel Levin Varnhagen, spoke about Varnhagen's unpublished opus magnum "Rahel: A Book of Commemoration For Her Friends" at Bard College.
How did this work make its way from the early 19th century to our time? What challenges are faced publishing this volume in the 21st century? How did Hannah Arendt's book on "Rahel Varnhagen" approach this legacy? Being excluded from the modern (German) university as a woman and a Jew, Rahel Varnhagen debated the turmoil of revolutionary Europe with Goethe and Heine, the Humboldt brothers and Hegel trough Salon conversations, in diaries, and especially by letters.
Watch the video of Barbara Hahn's presentation here and explore how hidden traditions challenge us to rethink our past.
Margarethe Von Trotta's biopic about Arendt, starring German star Barbara Sukowa, will be released in select European theaters on January 17, 2013. However, it was recently screened at the Toronto International Film Festival.
Here are what some reviewers had to say about the film:
In case you haven't seen it yet, here is the official trailer: