Hannah Arendt Center for Politics and Humanities
16Dec/130

The Laboratory as Anti-Environment

Arendtquote

"Seen from the perspective of the "real" world, the laboratory is the anticipation of a changed environment."

-Hannah Arendt, The Life of the Mind

I find this quote intriguing in that its reference to environments and environmental change speak to the fact that Arendt's philosophy was essentially an ecological one, indeed one that is profoundly media ecological. The quote appears in a section of The Life of the Mind entitled "Science and Common Sense," in which Arendt argues that the practice of science is quite distinct from thinking as a philosophical activity.

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As she explains:

Thinking, no doubt, plays an enormous role in every scientific enterprise, but it is a role of a means to an end; the end is determined by a decision about what is worthwhile knowing, and this decision cannot be scientific.

Here Arendt invokes a variation on Gödel's incompleteness theorem in mathematics, noting that science cannot justify itself on scientific grounds, but rather must somehow depend on something outside of and beyond itself. Perhaps more to the point, science, especially as associated with empiricism, cannot be divorced from concrete reality, and does not function only in the abstract realm of ideas that Plato insisted was the only true reality.

The transformation of truth into mere verity results primarily from the fact that the scientist remains bound to the common sense by which we find our bearings in a world of appearances. Thinking withdraws radically and for its own sake from this world and its evidential nature, whereas science profits from a possible withdrawal for the sake of specific results.

It is certainly the case that scientific truth is always contingent, tentative, open to refutation, as Karl Popper explained.  Scientific truth is never absolute, never anything more than a map of some other territory, a map that needs to be continually tested and reviewed, updated and revised, as Alfred Korzybski explained by way of establishing his discipline of general semantics. Even the so-called laws of nature and physics need not be considered immutable, but may be subject to change and evolution, as Lee Smolin argues in his insightful book, Time Reborn.

Scientists are engaged in the process of abstracting, insofar as they take the data gained by empirical investigation and make generalizations in the form of theories and hypotheses, but this process of induction cannot be divorced from concrete reality, from the world of appearances. Science may be used to test, challenge, and displace common sense, but it operates on the same level, as a distilled form of common sense, rather than something qualitatively different, a status Arendt reserves for the special activity of thinking associated with philosophy.

Arendt goes on to argue that both common sense and scientific speculation lack "the safeguards inherent in sheer thinking, namely thinking's critical capacity."  This includes the capacity for moral judgment, which became horrifically evident by the ways in which Nazi Germany used science to justify its genocidal policies and actions. Auschwitz did not represent a retrieval of tribal violence, but one of the ultimate expressions of the scientific enterprise in action. And the same might be said of Hiroshima and Nagasaki, holding aside whatever might be said to justify the use of the atomic bomb to bring the Second World War to a speedy conclusion. In remaining close to the human lifeworld, science abandons the very capacity that makes us human, that makes human life and human consciousness unique.

The story of modern science is in fact a story of shifting alliances. Science begins as a branch of philosophy, as natural philosophy. Indeed, philosophy itself is generally understood to begin with the pre-Socratics sometimes referred to as Ionian physicists, i.e., Thales, Anaximander, Heraclitus, who first posited the concept of elements and atoms. Both science and philosophy therefore coalesce during the first century that followed the introduction of the Greek alphabet and the emergence of a literate culture in the ancient Greek colonies in Asia Minor.

And just as ancient science is alphabetic in its origins, modern science begins with typography, as the historian Elizabeth Eisenstein explains in her exhaustive study, The Printing Press as an Agent of Change in Early Modern Europe. Simply by making the writings of natural philosophers easily available through the distribution of printed books, scholars were able to compare and contrast what different philosophers had to say about the natural world, and uncover their differences of opinion and contradictions. And this in turn spurned them on to find out for themselves which of various competing explanations are correct, where the truth lies, so that more reading led to even more empirical research, which in turn would have to be published, that is made public, via printing, for the purposes of testing and confirmation. And publication encouraged the formation of a scientific republic of letters, a typographically mediated virtual community.

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Eisenstein notes that during the first century following Gutenberg, printed books gave Copernicus access to centuries of recorded observations of the movements of celestial objects, access not easily available to his predecessors. What is remarkable to consider is that the telescope was not invented in his lifetime, that the Polish astronomer arrived at his heliocentric view based only on what could be observed by the naked eye, by gazing up at the heavens, and down at the printed page. The typographic revolution that began in the 15th century was the necessary technological precondition for the Copernican revolution of the 16th century.  The telescope as a tool to extend vision beyond its natural capabilities had not yet been invented, and was not required, although soon after its introduction Galileo was able to confirm the theory that Copernicus had put forth a century earlier.

In the restricted literate culture of medieval Europe, the idea took hold that there are two books to be studied in an effort to discern the divine will, and mind: the book of scripture and the book of nature. Both books were seen as sources of knowledge that can be unlocked by a process of reading and interpretation. It was grammar, the ancient study of language, which became one third of the trivium, the foundational curriculum of the medieval university, that became the basis of modern science, and not dialectic or logic, that is, pure thinking, which is the source of the philosophic tradition, as Marshall McLuhan noted in The Classical Trivium. The medieval schoolmen of course placed scripture in the primary position, whereas modern science situates truth in the book of nature alone.

The publication of Francis Bacon's Novum Organum in 1620 first formalized the separation of science from philosophy within print culture, but the divorce was finalized during the 19th century, coinciding with the industrial revolution, as researchers became known as scientists rather than natural philosophers. In place of the alliance with philosophy, science came to be associated with technology; before this time, technology, and engineering, often referred to as mechanics, represented entirely different lines of inquiry, utterly practical, often intuitive rather than systematic. Mechanics was part of the world of work rather than that of action, to use the terms Arendt introduced in The Human Condition, which is to say that it was seen as the work of the hand rather than the mind. By the end of 19th century, scientific discovery emerged as the main the source of major technological breakthroughs, rather than innovation springing fully formed from the tinkering of inventors, and it became necessary to distinguish between applied science and theoretical science, the latter nonetheless still tied to the world of appearances.

Today, the acronym STEM, which stands for science, technology, engineering, and mathematics, has become a major buzzword in education, a major emphasis in particular for higher education, and a major concern in regards to economic competitiveness. We might well take note of how recent this combination of fields and disciplines really is, insofar as mathematics represents pure logic and highly abstract forms of thought, and science once was a purely philosophical enterprise, both aspects of the life of the mind. Technology and engineering, on the other hand, for most of our history took the form of arts and crafts, part of the world of appearances.

The convergence of science and technology also had much to do with scientists' increasing reliance on scientific instruments for their investigations, a trend increasingly prevalent following the introduction of both the telescope and the microscope in the early 17th century, a trend even more apparent from the 19th century on. The laboratory is in fact another such instrument, a technology whose function is to provide precisely controlled conditions, beyond its role as a facility for the storage and use of other scientific instruments. Scientific instruments are media that extend our senses and allow us to see the world in new ways, therefore altering our experience of our environment, while the discoveries they lead to provide us with the means of altering our environments physically. And the laboratory is an instrument that provides us with a total environment, enclosed, controlled, isolated from the world to become in effect the world. It is a micro-environment where experimental changes can be made that anticipate changes that can be made to the macro-environment we regularly inhabit.

The split between science and philosophy can also be characterized as a division between the eye and the ear. Modern science, as intimately bound up in typography, is associated with visualism, the idea that seeing is believing, that truth is based on vision, that knowledge can be displayed visually as an organized set of facts, rather than the product of ongoing dialogue, and debate. McLuhan noted the importance of the fixed point of view as a by-product of training the eye to read, and Walter Ong studied the paradigm-shift in education attributed to Peter Ramus, who introduced pedagogical methods we would today associated with textbooks, outlining, and the visual display of information. Philosophy has not been immune to this influence, but retains a connection to the oral-aural mode through the method of Socratic dialogue, and by way of an understanding of the history of ideas as an ongoing conversation. Arendt, in The Human Condition, explained action, the realm of words, as a social phenomenon, one based on dialogic exchanges of ideas and opinions, not a solitary matter of looking things up. And thinking, which she elevates above the scientific enterprise in The Life of the Mind, is mostly a matter of an inner dialogue, or monologue if you prefer, of hearing oneself think, of silent speech, and not of a mental form of writing out words or imaginary reading. We talk things out, to others and/or to ourselves.

Science, on the other hand, is all about visible representations, as words, numbers, illustrations, tables, graphs, charts, diagrams, etc. And it is the investigation of visible phenomena, or otherwise of phenomena that can be rendered visible through scientific instruments. Acoustic phenomena can only be dealt with scientifically by being turned into a visual measurement, either of numbers or of lines going up and down to depict sound waves.  The same is true for the other senses; smell, taste, and touch can only be dealt with scientifically though visual representation. Science cannot deal with any sense other than sight on its own terms, but always requires an act of translation into visual form. Thus, Arendt notes that modern science, being so intimately bound up in the world of appearances, is often concerned with making the invisible visible:

That modern science, always hunting for manifestations of the invisible—atoms, molecules, particles, cells, genes—should have added to the world a spectacular, unprecedented quantity of new perceptible things is only seemingly paradoxical.

Arendt might well have noted the continuity between the modern activity of making the invisible visible as an act of translation, and the medieval alchemist's search for methods of achieving material transformation, the translation of one substance into another. She does note that the use of scientific instruments are a means of extending natural functions, paralleling McLuhan's characterization of media as extensions of body and biology:

In order to prove or disprove its hypotheses… and to discover what makes things work, it [modern science] began to imitate the working processes of nature. For that purpose it produced the countless and enormously complex implements with which to force the non-appearing to appear (if only as an instrument-reading in the laboratory), as that was the sole means the scientist had to persuade himself of its reality. Modern technology was born in the laboratory, but this was not because scientists wanted to produce appliances or change the world. No matter how far their theories leave common-sense experience and common-sense reasoning behind, they must finally come back to some form of it or lose all sense of realness in the object of their investigation.

Note here the close connection between reality, that is, our conception of reality, and what lends someone the aura of authenticity, as Walter Benjamin would put it, is dependent on the visual sense, on the phenomenon being translated into the world of appearances (the aura as opposed to the aural). It is no accident then that there is a close connection in biblical literature and the Hebrew language between the words for spirit and soul, and the words for invisible but audible phenomena such as wind and breath, breath in turn being the basis of speech (and this is not unique to Hebraic culture or vocabulary). It is at this point that Arendt resumes her commentary on the function of the controlled environment:

And this return is possible only via the man-made, artificial world of the laboratory, where that which does not appear of its own accord is forced to appear and to disclose itself. Technology, the "plumber's" work held in some contempt by the scientist, who sees practical applicability as a mere by-product of his own efforts, introduces scientific findings, made in "unparalleled insulation… from the demands of the laity and of everyday life," into the everyday world of appearances and renders them accessible to common-sense experience; but this is possible only because the scientists themselves are ultimately dependent on that experience.

We now reach the point in the text where the quote I began this essay with appears, as Arendt writes:

Seen from the perspective of the "real" world, the laboratory is the anticipation of a changed environment; and the cognitive processes using the human abilities of thinking and fabricating as means to their end are indeed the most refined modes of common-sense reasoning. The activity of knowing is no less related to our sense of reality and no less a world-building activity than the building of houses.

Again, for Arendt, science and common sense both are distinct in this way from the activity of pure thinking, which can provide a sorely needed critical function. But her insight as to the function of the laboratory as an environment in which the invisible is made visible is important in that this helps us to understand that the laboratory is, in fact, what McLuhan referred to as a counter-environment or anti-environment.

In our everyday environment, the environment itself tends to be invisible, if not literally so, then functionally insofar as whatever fades into the background tends to fall out of our perceptual awareness or is otherwise ignored. Anything that becomes part of our routine falls into this category, becoming environmental, and therefore subliminal. And this includes our media, technology, and symbol systems, insofar as they are part of our everyday world. We do pay attention to them when they are brand new and unfamiliar, but once their novelty wears off they become part of the background, unless they malfunction or breakdown. In the absence of such conditions, we need an anti-environment to provide a contrast through which we can recognize the things we take for granted in our world, to provide a place to stand from which we can observe our situation from the outside in, from a relatively objective stance. We are, in effect, sleepwalkers in our everyday environment, and entering into an anti-environment is a way to wake us up, to enhance awareness and consciousness of our surroundings. This occurs, in a haphazard way, when we return home after spending time experiencing another culture, as for a brief time much of what was once routinized about own culture suddenly seems strange and arbitrary to us. The effect wears off relatively quickly, however, although the after-effects of broadening our minds in this way can be significant.

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The controlled environment of the laboratory helps to focus our attention on phenomena that are otherwise invisible to us, either because they are taken for granted, or because they require specialized instrumentation to be rendered visible. It is not just that such phenomena are brought into the world of appearances, however, but also that they are made into objects of concerted study, to be recorded, described, measured, experimented upon, etc.

McLuhan emphasized the role of art as an anti-environment. The art museum, for example, is a controlled environment, and the painting that we encounter there has the potential to make us see things we had never seen before, by which I mean not just objects depicted that are unfamiliar to us, but familiar objects depicted in unfamiliar ways. In this way, works of art are instruments that can help us to see the world in new and different ways, help us to see, to use our senses and perceive in new and different ways. McLuhan believed that artists served as a kind of distant early warning system, borrowing cold war terminology to refer to their ability to anticipate changes occurring in the present that most others are not aware of. He was fond of the Ezra Pound quote that the artist is the antenna of the race, and Kurt Vonnegut expressed a similar sentiment in describing the writer as a canary in a coal mine. We may further consider the art museum or gallery or library as a controlled environment, a laboratory of sorts, and note the parallel in the idea of art as the anticipation of a changed environment.

There are other anti-environments as well. Houses of worship function in this way, often because they are based on earlier eras and different cultures, and otherwise are constructed to remove us out of our everyday environment, and help us to see the world in a different light. They are in some way dedicated to making the invisible world of the spirit visible to us through the use of sacred symbols and objects, even for religions whose concept of God is one that is entirely outside of the world of appearances. Sanctuaries might therefore be considered laboratories used for moral, ethical, and sacred discovery, experimentation, and development, and places where changed environments are also anticipated, in the form of spiritual enlightenment and the pursuit of social justice. This also suggests that the scientific laboratory might be viewed, in a certain sense, as a sacred space, along the lines that Mircea Eliade discusses in The Sacred and the Profane.

The school and the classroom are also anti-environments, or at least ought to be, as Neil Postman argued in Teaching as a Conserving Activity.  Students are sequestered away from the everyday environment, into a controlled situation where the world they live in can be studied and understood, and phenomena that are taken for granted can be brought into conscious awareness. It is indeed a place where the invisible can be made visible. In this sense, the school and the classroom are laboratories for learning, although the metaphor can be problematic when it used to imply that the school is only about the world of appearances, and all that is needed is to let students discover that world for themselves. Exploration is indeed essential, and discovery is an important component of learning. But the school is also a place where we may engage in the critical activity of pure thinking, of critical reasoning, of dialogue and disputation.

The classroom is more than a laboratory, or at least it must become more than a laboratory, or the educational enterprise will be incomplete. The school ought to be an anti-environment, not only in regard to the everyday world of appearances and common sense, but also to that special world dominated by STEM, by science, technology, engineering and math.  We need the classroom to be an anti-environment for a world subject to a flood of entertainment and information, we need it to be a language-based anti-environment for a world increasingly overwhelmed by images and numbers. We need an anti-environment where words can take precedence, where reading and writing can be balanced by speech and conversation, where reason, thinking, and thinking about thinking can allow for critical evaluation of common sense and common science alike. Only then can schools be engaged in something more than just adjusting students to take their place in a changed and changing environment, integrating them within the technological system, as components of that system, as Jacques Ellul observed in The Technological Society. Only then can schools help students to change the environment itself, not just through scientific and technological innovation, but through the exercise of values other than the technological imperative of efficiency, to make things better, more human, more life-affirming.

The anti-environment that we so desperately need is what Hannah Arendt might well have called a laboratory of the mind.

-Lance Strate

13May/130

Death and the Public Realm

Arendtquote

"There is perhaps no clearer testimony to the loss of the public realm in the modern age than the almost complete loss of authentic concern with immortality, a loss somewhat overshadowed by the simultaneous loss of the metaphysical concern with eternity."

-Hannah Arendt,  The Human Condition,

Hannah Arendt was one of the first to remark upon the loss of the public realm, or what Jürgen Habermas called the public sphere.  As indicated by the terms realm and sphere, along with related phrases such as public space and public sector, we are referring here to a kind of environment, or as Arendt puts it, "the world itself, in so far as it is common to all of us and distinguished from our privately owned place in it" (p. 52). The private realm, the subject of a previous post of mine (The Deprivations of Privacy) is defined in relation (and opposition) to the public, but both are differentiated from the natural environment according to Arendt.  Both are human artifacts, human inventions:

To live together in the world means essentially that a world of things is between those who have it in common, as a table is located between those who sit around it: the world like every in-between, relates and separates men at the same time. (p. 52)

The table is an apt metaphor, as it has the connotation of civilized discourse, and a willingness to sit down for peaceful negotiation. Indeed, it is much more than a metaphor, as the table does create a shared space for individuals, a medium, if you will, around which they can communicate. But the table also keeps individuals separate from one another, establishing a buffer zone that allows for a sense of safety in the company of individuals who might otherwise be threatening.  Sitting at a table restricts the possibilities of sudden movement, providing some assurance that the person seated across from you will not suddenly spring at you with sword or knife in hand, especially if both parties keep their hands visible on the table top. No wonder, then, that as the practice of sitting around a table for a meal emerges in the Middle Ages, it becomes the focal point for what Norbert Elias refers to as the civilizing process.

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The table is a medium, an in-between, as Arendt puts it, and each medium in its own way serves as a means by which individuals connect and relate to one another, and also are separated and kept apart from one another.  In Understanding Media, Marshall McLuhan expressed the same idea in saying that all media, meaning all technologies and human innovations, are extensions of some aspect of individuals, but at the same time are amputations.  As I have explained elsewhere, the medium that extends us into the world comes between us and the world, and in doing so becomes our world. Or as I like to put it, with apologies to McLuhan, the medium is the membrane.

The public realm then is a shared human environment, a media environment. As Arendt explains,

everything that appears in public can be seen and heard by everybody and has the widest possible publicity. For us, appearance—something that is being seen and heard by others as well as by ourselves—constitutes reality. (p. 50)

Paul Watzlawick has argued that our reality is constructed through our communication, rather than mere reflected or represented by our messages. And this means that our reality is shaped by our means of communication, our media.  It is through publicity that we create the public realm.  And for the public realm to exist, there must also be the possibility for some communication to take place privately, in a context where it cannot be seen and heard by everybody, where there are barriers to people's perception and their access to information, what Erving Goffman referred to as the back region.

The public realm is not a media environment we typically associate with tribal societies, where the distinction between public and private is, for the most part, non-existent.  Rather, it is strongly tied to the city as a human environment (and a medium of communication in its own right).  Lewis Mumford insightfully observed that cities are a type of container technology, indeed the container of containers, and what they contain includes great concentrations of population.  As settlements evolved into the first urban centers in the ancient world, they gave rise to the first true crowds and mobs, and also to audiences made up of people who do not necessarily know one another, or have strong social ties to each other.

These new kinds of audiences required a new form of communication:  public address.  They required new kinds of physical environments:  the agora, the forum, the marketplace.  And they required new forms of education:  the art of rhetoric.

The invention of writing is intimately bound up in all of these developments.  Without reasonably well-developed systems of notation, human populations were not able to handle the complexity of large populations. In tribal societies, as population increases, groups split up in order to keep their affairs manageable.  Writing, as a container for language, whose primary form is the spoken word, develops side by side with the city as container, and allows for the control and coordination of large populations and diverse activities.  And writing, in allowing language to be viewed and reviewed, made it possible to refine the art of public address, to study rhetoric and instruct others in the techniques of oratory, as did the Sophists in ancient Greece.  It is no accident that the introduction of the Greek alphabet was followed by the first forms of study, including rhetoric and grammar, and by the first forms of democracy.

Writing also has the peculiar effect of introducing the idea of the individual, of breaking people apart from their tribal, group identity. The ability to take one's thoughts, write them down, and observe them from the outside, made it possible to separate the knower from the known, as Eric Havelock put it, which also separated individuals from their traditions.

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Written law, beginning with Hammurabi and Moses, took judicial matters out of the concrete realm of proverbs and parables, and reasoning by analogy, opened the door to the view that everyone is equal, as an individual, before the law.  The fact that literacy also facilitated increasingly more abstract modes of thought also was of great importance, but the simple act of reading and writing alone, in isolation, had much to do with the genesis of individualism.

The origin of the public realm is closely tied to the medium of the written word, in highly significant but limited ways. Script gave us the civic public, rooted in rhetoric, but it was the printing revolution in early modern Europe that made the public intro a national, mass phenomenon. As McLuhan noted in his preface to The Gutenberg Galaxy,

Printing from movable types created a quite unexpected new environment—it created the PUBLIC.  Manuscript technology did not have the intensity or power of extension necessary to create publics on a national scale.  What we have called "nations" in recent centuries did not, and could not, precede the advent of Gutenberg technology any more than they can survive the advent of electric circuitry with its power of totally involving all people in all other people. (p. ii)

A reading public is quite different from a listening public, as readers are separated in time and space from one another, and this form of mediation also had the effect of making individualism a ruling ideology.  And yes, Habermas did place a great deal of emphasis on people gathering in public places like coffee shops to discuss and debate the issues of the day, but they did so based on what they read in print media such as newspapers, pamphlets, and the like. Moreover, historian Elizabeth Eisenstein explained in The Printing Press as an Agent of Change, the printers' shops were the first places that people gathered for such intellectual exchanges, long before they gravitated to the coffee shops and taverns.  The point is that the content of these discussions were based on typographic media, the mindset of the discussants was shaped by print literacy, and both were situated within the print media environment.  Within such an environment, a population of individuals could gain common access to ideas and opinions through print media, which in turn could provide the basis for political action; in this way publics came into being.

Publics were formed by publicity, and publicity was achieved through publication.  As much as books, pamphlets, catalogs, calendars, periodicals, and all manner of ephemera were the products of the printing press, so too, as McLuhan observed, was the reading public.  Print technology gave us our first form of mass communication, characterized by wide and relatively rapid dissemination of multiple, identical copies of the same text, a democratizing process, as Walter Benjamin observed.

But printing also created a new sense of immortality, of the author's words living on through the ages, and of posterity as the ultimate judge.  Elizabeth Eisenstein explains that the very multiplication of texts, however perishable any single copy might be, established what she referred to as the preservative powers of print far beyond anything previously known.  This idea of immortality goes hand in hand with the rise of a new kind of historical consciousness, which also emerged out of print culture.

Eternity, by way of contrast, is situated outside of historical time, within what Mircea Eliade calls sacred time. It is a time that looks back towards the moment of creation or a golden age. Through ritual, we can step out of the profane time of everyday life, and in enacting the myth of eternal return enter the sacred time that intersects with all of history—in this sense always a part of it and yet at the same time apart from it.

Traditional cultures look backward to creation or the golden age as a time superior to the present, a time they strive to reclaim.  Oral cultures are particularly associated with a cyclical understanding of time.  The invention of writing makes possible first chronology, then historical narrative, and this opens the door to the idea of progress. The shift begins with the biblical narrative in ancient Israel, and the secular history writing of ancient Greece and Rome.  But a complete reversal in orientation from looking to the past as the ideal towards anticipating the future as a continual process of getting better, perhaps culminating in utopia, is closely associated with the printing revolution and the modern world it gave rise to.  This is, in turn, superseded by a present-centered orientation brought on by the electronic media, as I have discussed in On the Binding Biases of Time.  The instantaneity and immediacy of electronic communication not only moves our focus from history and futurity to the present moment, but it translates the remembered past and the anticipated future into the present tense, the now of the computer program and digital simulation.

Arendt's insight that the loss of a concern with immortality is intimately bound up with the loss of the public realm implies a common denominator, specifically the electronic media environment that has superseded the typographic media environment. If literacy and print go hand in hand with citizenship, civics, and the public realm, what happens when these media are overshadowed by electronic technologies, from the telegraph and wireless to radio and television now to the internet and mobile technology?

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We still use the word public of course, but we have seen a great blurring of the boundaries between public and private, the continuing erosion of privacy but also a loss of the expectation that dress, behavior, and communication ought to be different when we are in a public place, and that there are rules and obligations that go along with being a part of a public.  And we have experienced a loss of our longstanding sense of individualism, replaced by an emphasis on personalization; a loss of citizenship based on equality, replaced by group identity based on grievance and all manner of neo-tribalism; a loss of traditional notions of character and personal integrity, replaced by various forms of identity construction via online profiles, avatars, and the like; the loss of separate public and private selves, replaced by affiliations with different lifestyles and media preferences.

As consumers, members of audiences, and participants in the online world, we live for the moment, and we do so with disastrous results, economically, ethically, and ecologically.  Arendt suggests that, "under modern conditions, it is indeed so unlikely that anybody should earnestly aspire to an earthly immortality that we probably are justified in thinking it is nothing but vanity" (p. 56).  Along the same lines, Daniel Boorstin in The Image argued that the hero, characterized by greatness, has been replaced by the celebrity, characterized by publicity, famous for appearing on the media rather than for any accomplishments of historical significance.  Heroes were immortal. Celebrities become famous seemingly overnight, and then just as quickly fade from collective consciousness. Heroes, as Boorstin describes them, were known through print media; celebrities make up the content of our audiovisual and electronic media.  These are the role models that people pattern their lives after.

Arendt explains that a public realm " cannot be erected for one generation and planned for the living only; it must transcend the life span of mortal men" (p. 55). And she goes on to explain,

It is the publicity of the public realm which can absorb and make shine through the centuries whatever men may want to save from the natural ruin of time. Through many ages before us—but now not any more—men entered the public realm because they wanted something of their own or something they had in common with others to be more permanent than their earthly lives. (p. 55)

Without this concern with a public realm that extends across history from the past into the future, what becomes of political action based on the common good, rather than private interests?

With the loss of any concern with immortality, have we witnessed not merely the erosion, but the irrevocable death of the public realm?

And perhaps most importantly of all, without the existence of a public, can there still exist, in something more than name only, a republic?

-Lance Strate

15Feb/130

Dworkin’s Law & Justice

Ronald Dworkin died yesterday, Thursday. He was 81.

For much of my early career as someone engaged in the question of justice, Ronald Dworkin was one of my imaginary antagonists. Reading Dworkin was eternally frustrating. I was consumed with the inevitable temptation to take on Dworkin’s unwavering apologies for legal power. Dworkin was the great defender of the morality of the state, an idea that I had a hard time accepting. He was an advocate for legitimacy of legal rule, which often seemed ungrounded and illegitimate. Above all, his magnum opus, Law's Empire, is a celebration of the imperial grandeur of law, when law often seemed to my youthful and often angry eye to be rather the embodiment of power, interest, and money.

For Dworkin, ‘we’—lawyers, judges, and philosophers of Law’s Empire—are engaged in the utopian project of purifying law. And law, in turn, purifies us. In being “subjects of law’s empire, liegemen to its methods and ideals,” we bridle our action and reasoning with the constraints of legal thinking. What law requires, above all, is that our actions be made consistent with the foundational moral principles embodied in and by the community. Interpreted correctly—that is, observing the integrity of the moral world—law leads to decisions that enrich a “narrative story” of who we are. It is a story that, for Dworkin, makes our practices and institutions “the best they can be.”

Law in Dworkin’s writing embodies a “flourishing legal system” and carries with itself the possibility of securing the utopian and political ideals of fairness, justice, and procedural due process.  Lawyers, judges, and especially legal philosophers, are the people responsible for dreaming utopian dreams—dreams “already latent in the present law”—and working to bring about those dreams through law and the legal system.  Law, therefore, cannot simply be conventional and self-referential; it must hold within it the promise for progressive societal change. Left, utopian politics, Dworkin states, is law.  Or, in other words, law is the center of all political and ethical progress in modern civilized states.

It is not hard to point out inconsistencies and tensions in Dworkin’s philo-legalism. Dworkin’s many critics reveled in pointing to law’s promises of equality broken and its ideal of justice contradicted. The law does not always act for good. But that means that those who would defend law’s empire have a choice. They can defend the law pragmatically and politically—arguing that law is simply a tool in the larger political struggle for justice. Or they can seek to weave the entirety of the law—good and bad—into an overarching moral universe—imagining law as an ideal that can and should in its nature propel us fitfully toward a more just world. Dworkin took the latter approach. The more I saw the impossibility of his project, the greater became my respect for the nobility and grandeur of his effort.

Much of Dworkin’s academic work is full of abstract theory. Perhaps his most enduring contribution, however, is a single metaphor. Law, Dworkin writes, is like a chain novel. And judges, he argues, are “authors as well as critics” who participate in the collaborative writing of the novel that is the law. The chain novel—in which “a group of novelists writes seriatim”—unfolds chapter by chapter, each written by a different author.  Each author is required both to fit her interpretation to what has come before—i.e. to make an interpretive judgment about the text under the assumption that it was written by a single author—and to judge which of the possible interpretations makes the work in progress the best it can be.  The judgment involves a substantive aesthetic choice; Dworkin insists that this choice is not arbitrary. It is constrained by the structure, plot, and style of the text and authors that have come before.

Dworkin’s claim is that in interpreting and authoring the chain novel, each successive author is not limited to the dichotomous choice between finding the meaning in the text and inventing the meaning of the text. Instead, “each novelist aims to make a single novel.” To do so is not simple and will involve a multifaceted engagement with the text and the principles of what has come before. The author must “find layers and currents of meaning rather than a single, exhaustive theme.” And yet, he “cannot adopt any interpretation, however complex.” Each new interpretation and creation must make the entirety of the chain novel fit together in the best way possible.

Similarly, each judge who decides a case must judge with what Dworkin calls integrity. This means that every judge must find in what has come before the “principle” that “is instinct in law.” When a judge does this, “he reports not a simple-minded claim about the motives of past statesmen, a claim a wise cynic can easily refute, but an interpretive proposal: that the principle both fits and justifies some complex part of legal practice, that it provides an attractive way to see, in the structure of that practice, the consistency of principle integrity requires.” Interpretive practice requires an author to distinguish between continuing the novel and beginning it anew.  Only judgments that continue the law’s story are judgments with integrity.

Dworkin’s analogy of law to a chain novel can be read, sympathetically, as saying: look, we have this community with these values and within it neutral judgments based on laws are impossible.  If we want law, we better figure out a way to make those judgments possible or we are back to justifying law as the rule of those with power.  Law as integrity is such a way.  You external skeptics can go around saying our community is contingent and constructed but sooner or later you are going to have to choose between nihilsim and ethical engagement.

What Dworkin yearned for was a theory of interpretation that could assimilate the entirety of the past into a common and clear narrative of the present. His model judge, Hercules, was the judge whose power of interpretation was so fecund as to master the mass of judgments, facts, and decisions into a single, best, and just narrative.

That such a herculean task is not possible—and that defending such a stance could serve as a smoke screen for the interests and power behind the law—was something Dworkin refused to concede.

In the last decade Dworkin turned from abstract legal philosophy to popular writing, which often appeared in the New York Review of Books. His writing about current issues and cases was clear, moral, and passionate—if also quite predictable. Somehow, Dworkin always found that judging with integrity required decisions in accord with a fundamentally mainstream-left-of-center point of view.

Whatever his limits, Dworkin stood for the undying idea that law—whatever its shortcomings—should aspire to do justice. For this reason alone, if nothing else, we should celebrate him.

The best obituaries so far are found in The Guardian and The New York Times. But better yet, open up your old volume of Law’s Empire. And if you don’t have it handy, here is a version you can navigate on the web.

-RB