Hannah Arendt considered calling her magnum opus Amor Mundi: Love of the World. Instead, she settled upon The Human Condition. What is most difficult, Arendt writes, is to love the world as it is, with all the evil and suffering in it. And yet she came to do just that. Loving the world means neither uncritical acceptance nor contemptuous rejection. Above all it means the unwavering facing up to and comprehension of that which is.
Every Sunday, The Hannah Arendt Center Amor Mundi Weekly Newsletter will offer our favorite essays and blog posts from around the web. These essays will help you comprehend the world. And learn to love it.
Looking for scandal, the press is focusing on the apparent conflict between Chief Justice John Roberts and Justice Sonia Sotomayor. But the case of Schuette v. Coalition to Defend Affirmative Action is more important than the scandal. It raises fundamental questions about the democracy, race and the constitution. Sonia Sotomayor, in her dissent, writes: "And race matters for reasons that really are only skin deep, that cannot be discussed any other way, and that cannot be wished away. Race matters to a young man's view of society when he spends his teenage years watching others tense up as he passes, no matter the neighborhood where he grew up. Race matters to a young woman's sense of self when she states her hometown, and then is pressed, 'No, where are you really from?', regardless of how many generations her family has been in the country. Race matters to a young person addressed by a stranger in a foreign language, which he does not understand because only English was spoken at home. Race matters because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: 'I do not belong here.'" John Roberts, in his concurring opinion, responds: "The dissent states that "[t]he way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race." And it urges that "[r]ace matters because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: 'I do not belong here.'" But it is not "out of touch with reality" to conclude that racial preferences may themselves have the debilitating effect of reinforcing precisely that doubt, and-if so-that the preferences do more harm than good. To disagree with the dissent's views on the costs and benefits of racial preferences is not to "wish away, rather than confront" racial inequality. People can disagree in good faith on this issue, but it similarly does more harm than good to question the openness and candor of those on either side of the debate. Both opinions are worth reading. And read more about them in The Weekend Read.
Pope Francis I has declared two prior popes Saints. One is well known, Pope John Paul II. But Pope John XXIII is perhaps forgotten by many. As NPR reports, "John XXIII, also known as 'Good Pope John,' was nearly 77 at his coronation and, because of his advanced age, was widely regarded as a 'stopgap' pope who wasn't going to make waves. Instead, he called the Vatican II Council, which promulgated one of the most far-reaching and controversial reforms in the Roman Catholic Church's history." John XXIII also published a little book Journal of a Soul, which Hannah Arendt reviewed for the New York Review of Books. For the Jewish thinker, Good Pope John is a Christian Pope, one of the few. Arendt tells of a "Roman chambermaid" in a hotel who asked her, in all innocence: "Madam," she said, "this Pope was a real Christian. How could that be? And how could it happen that a true Christian would sit on St. Peter's chair? Didn't he first have to be appointed Bishop, and Archbishop, and Cardinal, until he finally was elected to be Pope? Had nobody been aware of who he was?" Arendt had a simple answer for the maid. "No." She writes that Pope John was largely unknown upon his selection and arrived as an outsider. He was, in the words of her title, a true Christian living in the spirit of Jesus Christ. In a sense, this was so surprising in the midst of the 20th century that no one had imagined it to be possible, and the Good Pope John was selected without anyone knowing who he was. On the day of Pope John XXIII's Sainthood, it is worth revisiting Arendt's full review.
Taking Hannah Arendt's quote, "There are no dangerous thoughts; thinking itself is dangerous," as its starting point, the Canadian Public Radio show Ideas with Paul Kennedy explores Hannah Arendt's Eichmann in Jerusalem. The program features Roger Berkowitz, Adam Gopnik, Adam Kirsch, and Rivka Galchen. The conversation was heated at times, but overall offers a good account of Arendt's book, her thoughts on thinking, and the reason her thought matters. Take some time to listen to program.
Patricia Lockwood, at the Poetry Foundation blog, seems to be tired of being asked if poetry is work: "IS it work, though? The question persists. Is a single muscle exerted during the process? Do you sweat at all, besides the weird thing that sometimes happens under your right arm because you haven't lifted it up for 8 hours? Do you get to retire after you work at it faithfully for 50 years? The answers are no, no, and no. Can anyone fire a poet? Only Death can fire a poet." She is, of course, making a joke. For Arendt, though, poetry, and art more generally, is in fact work. Indeed, making art may be the last vestige of work in a world where the primary activity of life has become the repetitive, never ending, activity of consumption, in which nothing is left behind and all labor seeks only to further the process of consumption. Poetry, and painting, and art are outliers in the modern world to the extent they leave something behind and resist the process of consumption.
"So far, the year 2014 has been a tumultuous one, as geopolitical rivalries have stormed back to center stage. Whether it is Russian forces seizing Crimea, China making aggressive claims in its coastal waters, Japan responding with an increasingly assertive strategy of its own, or Iran trying to use its alliances with Syria and Hezbollah to dominate the Middle East, old-fashioned power plays are back in international relations." Walter Russell Mead believes that geopolitics, never really gone, is back for good: "Westerners should never have expected old-fashioned geopolitics to go away. They did so only because they fundamentally misread what the collapse of the Soviet Union meant: the ideological triumph of liberal capitalist democracy over communism, not the obsolescence of hard power. China, Iran, and Russia never bought into the geopolitical settlement that followed the Cold War, and they are making increasingly forceful attempts to overturn it. That process will not be peaceful, and whether or not the revisionists succeed, their efforts have already shaken the balance of power and changed the dynamics of international politics.
On the occasion of the publication of a biography of the author, Hermione Lee describes what John Updike was up to: "As he said of himself... he is the artist of middleness, ordinariness, in-betweenness, who famously wanted 'to give the mundane its beautiful due.' For over half a century-even though his own life moved far away from 'middleness';-he transformed everyday America into lavishly eloquent and observant language. This-even more than his virtuoso writing about sex, his close readings of adultery and husbandly guilt, his tracking of American social politics, his philosophizing on time and the universe-is his great signature tune. No wonder that some of the narrators in his stories are archaeologists, or that he's so interested in vanished cities, ancient civilizations, and extinct species."
On the 450th birthday of William Shakespeare, Bob Duggan remembers that what are understood as his great contributions now were not his most well known plays during his life: "During Shakespeare's own lifetime he was known best as the "honey-tongued" poet of such works as Venus and Adonis and The Rape of Lucrece, in which he used classical and ancient characters to his own artistic purposes as well as practical purposes of making money during the plague-forced theater closures of 1593-1594. Readers literally read published copies of these works to pieces, making surviving copies extremely rare today. People went to see the plays, of course, but the emphasis of the theaters was on making money as much as making art."
Eric Hoover, in an essay about the ways that colleges and universities may begin to evaluate students, describes one measure designed to quantify the information in a recommendation: "Motivated by such findings, the Educational Training Service developed an online rating tool called the Personal Potential Index. Designed to quantify what's conveyed in a recommendation, it asks past instructors to rate students on a five-point scale in six categories: communication skills, ethics and integrity, knowledge and creativity, planning and organization, resilience, and teamwork. To gauge resilience, for instance, respondents are asked to what extent a student 'accepts feedback without getting defensive; works well under stress; can overcome challenges and setbacks; works extremely hard'. Recommenders can type in comments to elaborate on their ratings, if they choose." Adding comments, of course, is not the same thing as real qualitative assessment; perhaps, instead of attempting to replace the tests, institutions of higher education should abandon that requirement altogether, and instead evaluate students as students, rather than as data.
This week on the blog we revisit Tracy Strong’s Quote of the Week on “Thinking Without Bannisters.” And in the Weekend Read, Roger Berkowitz looks at the relation of race, democracy, and the constitution in Schuette decision.
Looking for scandal, the press is focusing on the apparent conflict between Chief Justice John Roberts and Justice Sonia Sotomayor. The controversy began seven years ago before Sotomayor was on the Court, when Roberts wrote, in a decision invalidating a race-based busing program in Seattle, “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” This week, in a dissent Sotomayor chose to read aloud from the Supreme Court bench, she scolded Roberts:
"In my colleagues’ view, examining the racial impact of legislation only perpetuates racial discrimination. This refusal to accept the stark reality that race matters is regrettable. The way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race, and to apply the Constitution with eyes open to the unfortunate effects of centuries of racial discrimination. As members of the judiciary tasked with intervening to carry out the guarantee of equal protection, we ought not sit back and wish away, rather than confront, the racial inequality that exists in our society. It is this view that works harm, by perpetuating the facile notion that what makes race matter is acknowledging the simple truth that race does matter."
Sotomayor’s point is that race matters in ways that her colleagues, including Roberts, apparently do not understand. She is right; race does matter, and it matters in ways that are difficult to perceive and comprehend. Among the pages of historical, legal, and everyday examples she offers, there are these reflections on the small but persistent present reality of race in America:
“And race matters for reasons that really are only skin deep, that cannot be discussed any other way, and that cannot be wished away. Race matters to a young man’s view of society when he spends his teenage years watching others tense up as he passes, no matter the neighborhood where he grew up. Race matters to a young woman’s sense of self when she states her hometown, and then is pressed, 'No, where are you really from?', regardless of how many generations her family has been in the country. Race matters to a young person addressed by a stranger in a foreign language, which he does not understand because only English was spoken at home. Race matters because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: 'I do not belong here.'”
Roberts responded in a separate concurring opinion, defending himself against the charge of racial insensitivity. It is not and he is not out of touch with reality, he argues, to disagree about the use of racial preferences in responding to the reality of race in 21st century America. He too is right.
"The dissent states that '[t]he way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race.' And it urges that '[r]ace matters because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: "I do not belong here.'" But it is not 'out of touch with reality' to conclude that racial preferences may themselves have the debilitating effect of reinforcing precisely that doubt, and—if so—that the preferences do more harm than good. To disagree with the dissent’s views on the costs and benefits of racial preferences is not to 'wish away, rather than confront' racial inequality. People can disagree in good faith on this issue, but it similarly does more harm than good to question the openness and candor of those on either side of the debate."
The background of these supremely intemperate contretemps is a decision in Schuette v. Coalition to Defend Affirmative Action in which the Court, in an opinion written by Justice Kennedy, upheld a Michigan Constitutional provision (recently amended through a ballot initiative) prohibiting race-based affirmative action in public universities.
As both Justice Kennedy’s controlling opinion and Justice Breyer’s concurring opinion make clear, the decision does not at all address the constitutionality of race-based affirmative action programs themselves. While in recent years the Supreme Court has shown skepticism about race-based affirmative action, it has consistently allowed such programs as long as they are tailored to achieve a legitimate state purpose understood as diversity in educational institutions. Nothing in Schuette changes that.
At the same time, Schuette does give constitutional blessing to states that democratically choose not to use race-based affirmative action. Already a number of states (including Blue states like California and swing states like Florida) have passed voter initiatives banning such race-based preferences. Racial preferences are not popular. In Michigan, a state that has voted democratic in the last five presidential elections, the anti-affirmative action ballot proposal passed by a margin of 58 percent to 42 percent. For this reason, Schuette is rightly seen as another nail in the coffin of race-based affirmative action programs.
Support for race-based affirmative action is dwindling, hence the impassioned and at times angry dissent by Justice Sotomayor. Even if the Court does not further limit the ability of states to practice race-based affirmative action, more and more states—which means the people of the United States—are choosing not to.
This, by the way, does not mean a return to segregated education although it will likely mean, at least in the short term, fewer African Americans at public universities in Michigan. To choose not to allow race-based preferences opens the door to other experiments with promoting diversity in education. For example, universities in Michigan and California can seek to give preference to students from poor and socio-economically disadvantaged zip codes. Depending on the connection between race and poverty in a given state, such an approach to diversity may or may not lead to racial diversity on campus, but it will very likely lead to increased and meaningful diversity insofar as students from meaningfully different pasts and with uniquely divergent life experiences would be in school together. It is at least arguable that such an approach would lead to greater diversity than many race-based preference programs that end up recruiting a small group of upper class minorities.
As a legal matter, Schuette concerned two different understandings of freedom. On the one hand, as Justice Kennedy writes, “The freedom secured by the Constitution consists, in one of its essential dimensions, of the right of the individual not to be injured by the unlawful exercise of governmental power.” Understood as individual rights, freedom means the right to attend desegregated schools, the right to be free from unreasonable searches and seizures, and the right to meaningful dissent.
But freedom, Kennedy continues, “does not stop with individual rights.” There is another understanding of freedom, which may be called the freedom to participate in self-government:
"Our constitutional system embraces, too, the right of citizens to debate so they can learn and decide and then, through the political process, act in concert to try to shape the course of their own times and the course of a nation that must strive always to make freedom ever greater and more secure. Here Michigan voters acted in concert and statewide to seek consensus and adopt a policy on a difficult subject against a historical background of race in America that has been a source of tragedy and persisting injustice. That history demands that we continue to learn, to listen, and to remain open to new approaches if we are to aspire always to a constitutional order in which all persons are treated with fairness and equal dignity. Were the Court to rule that the question addressed by Michigan voters is too sensitive or complex to be within the grasp of the electorate; or that the policies at issue remain too delicate to be resolved save by university officials or faculties, acting at some remove from immediate public scrutiny and control; or that these matters are so arcane that the electorate’s power must be limited because the people cannot prudently exercise that power even after a full debate, that holding would be an unprecedented restriction on the exercise of a fundamental right held not just by one person but by all in common. It is the right to speak and debate and learn and then, as a matter of political will, to act through a lawful electoral process."
Both individual freedom and political freedom are important. Both are at the core of American understandings of free, democratic, constitutional government. The point is that these freedoms must be balanced. In this case, the balance swung in favor of political freedom. Here is Justice Breyer’s argument from his concurring opinion:
“The Constitution allows local, state, and national communities to adopt narrowly tailored race-conscious programs designed to bring about greater inclusion and diversity. But the Constitution foresees the ballot box, not the courts, as the normal instrument for resolving differences and debates about the merits of these programs. In short, the 'Constitution creates a democratic political system through which the people themselves must together find answers' to disagreements of this kind.”
For Sotomayor and those who agree with her, the claim is that the reality of racism historically and presently threatens the integrity of the political process. The problem with Sotomayor’s argument is that it is not at all clear that racial inequality today is the primary factor threatening the integrity of our political system. On the contrary, while it is incontrovertible that race matters, other facts, like class or income, may matter more.
To think seriously about race in American is hard. Very hard. As Walter Russell Mead writes, in discussing these questions,
“There’s a basic point that should not be forgotten in dealing with anything touching on race: The place of African Americans in the United States is a uniquely difficult and charged question. The history of slavery, segregation and entrenched racism in the United States cannot be denied and should not be minimized. The effects of this history are still very much with us today, and while the overwhelming majority of Americans repudiate racist ideologies and beliefs, the continuing presence of racist ideas, prejudices and emotions in this country is a reality that policy makers and people of good will cannot and should not ignore. It is naive to think otherwise, and any look at how our system works and any thoughts about whether it works fairly have to include a serious and honest reflection on the fading but real potency of race.”
Mead raises a difficult question, which is whether race is really the best way to think about inequality in 21st century America. He argues for status based public policy programs to replace race-based programs:
“Ultimately, this is why status-based forms of affirmative action seem better than race based ones. President Obama’s kids don’t need any special help in getting into college, but there are many kids of all races and ethnic groups who have demonstrated unusual talent and grit by achieving in difficult circumstances. Kids who go to terrible schools, who overcome economic disadvantages, who are the first in their family to complete high school, or who grow up in neighborhoods that are socially distressed can and should be treated with the respect their achievements warrant.”
Should President Obama’s children benefit from race-based preference programs? Clearly the answer is no. But note, this does not mean that his children will not suffer from racism. Mead knows this and says so. Indeed, it is likely they will, over the course of their lives, find themselves in situations where they are looked at askance, avoided, singled out, discriminated against, and also privileged on account of their races. Race matters, undoubtedly, in complicated but overwhelmingly in damaging and at times degrading ways. Responding to the reality of race in our society is absolutely necessary.
It is not at all clear that race-based preferences in college admission are the best way to respond to the reality of race in the 21st century. Some states believe such race-based preferences are necessary. Other states, including Michigan, California, and Florida, have concluded they are not. Deciding that preferential admissions to universities on the basis of race is impermissible is not unconstitutional. That is the correct decision the Court made this week.
That does not mean, of course, that we shouldn’t try to address both racial and class discrimination in higher education. There are many ways to address the damaging impact of racial as well as economic inequality in our society—some maybe better than race-based preferences. For one, schools could institute truly need-blind admissions and decide to give preference to applicants who come from poor or disadvantaged backgrounds. While many of the poorest and most disadvantaged children in our society are white and from rural backgrounds, many others are racial minorities. Both would benefit from such an approach, which would be infinitely more just than a simple preference based on skin color.
Even better would be a serious commitment to affirmatively act to improve our shamefully underfunded and under-achieving high schools. Especially in poorer areas where rural and urban poverty crush the hopes and dreams of young people, our public schools are too-often disastrous. These schools, however, are free and the four years students spend in them are frequently wasted. If we could somehow figure out how to make high school a meaningful experience for millions of low-income children, that would be the single best way to help disadvantaged children around the country, both minority and white. That would be a truly meaningful form of affirmative action.
Over the last 50 years race has replaced class as the primary way that people on the left have perceived the injustices of the world. During that time poverty did not disappear as a problem, but it was hidden behind concerns of race and at times of gender. A whole generation of activists and politicians have grown up and worked in an era in which the problems of the nation were seen through a racial lens. There were good reasons for this shift and the results have been important and phenomenal. Yes, race still matters today, but nowhere to the extent it did 50 years ago.
Poverty, on the other end, matters ever more. With rising inequality and with the welldocumented problems of the middle classes (let alone the overlooked lower classes), we are slowly seeing a shift away from race and towards class as the dominant lens for thinking about equality and inequality in the country. This is as it should be. It is time to begin thinking more about advocating for real class diversity in colleges and public institutions; that doesn’t mean race as a problem has gone away, but it does mean that in the early 21st century, poverty trumps race as the true scourge of our public life.
The opinions in Schuette v. Coalition to Defend Affirmative Action are well worth reading in full, especially those by Justices Breyer and Sotomayor. They are your weekend read. You can download a PDF of the opinion here.
Hannah Arendt considered calling her magnum opus Amor Mundi: Love of the World. Instead, she settled upon The Human Condition. What is most difficult, Arendt writes, is to love the world as it is, with all the evil and suffering in it. And yet she came to do just that. Loving the world means neither uncritical acceptance nor contemptuous rejection. Above all it means the unwavering facing up to and comprehension of that which is.
Every Sunday, The Hannah Arendt Center Amor Mundi Weekly Newsletter will offer our favorite essays and blog posts from around the web. These essays will help you comprehend the world. And learn to love it.
Anthony Grafton calls David Nirenberg’s Anti-Judaism “one of the saddest stories, and one of the most learned, I have ever read.” Grafton knows that Anti-Judaism “is certainly not the first effort to survey the long grim history of the charges that have been brought against the Jews by their long gray line of self-appointed prosecutors.” What makes this account of the long history of Jewish hatred so compelling is that Nirenberg asks the big question: Why the Jews? “[Nirenberg] wants to know why: why have so many cultures and so many intellectuals had so much to say about the Jews? More particularly, he wants to know why so many of them generated their descriptions and explanations of Jewishness not out of personal knowledge or scholarly research, but out of thin air—and from assumptions, some inherited and others newly minted, that the Jews could be wholly known even to those who knew no Jews.” The question recalls the famous joke told during the Holocaust, especially amongst Jews in concentration camps. Here is one formulation of the joke from Antisemitism, the first book in the trilogy that comprises Hannah Arendt’s magnum opus, The Origins of Totalitarianism: “An antisemite claimed that the Jews had caused the war; the reply was: Yes, the Jews and the bicyclists. Why the bicyclists? Asks the one? Why the Jews? asks the other.” Read more on the Arendt Center blog.
News that the SAT is about to undergo a makeover leaves Bard College President Leon Botstein unimpressed: “The changes recently announced by the College Board to its SAT college entrance exam bring to mind the familiar phrase “too little, too late.” The alleged improvements are motivated not by any serious soul searching about the SAT but by the competition the College Board has experienced from its arch rival, the ACT, the other major purveyor of standardized college entrance exams. But the problems that plague the SAT also plague the ACT. The SAT needs to be abandoned and replaced. The SAT has a status as a reliable measure of college readiness it does not deserve. The College Board has successfully marketed its exams to parents, students, colleges and universities as arbiters of educational standards. The nation actually needs fewer such exam schemes; they damage the high school curriculum and terrify both students and parents. The blunt fact is that the SAT has never been a good predictor of academic achievement in college. High school grades adjusted to account for the curriculum and academic programs in the high school from which a student graduates are. The essential mechanism of the SAT, the multiple choice test question, is a bizarre relic of long outdated twentieth century social scientific assumptions and strategies. As every adult recognizes, knowing something or how to do something in real life is never defined by being able to choose a “right” answer from a set of possible answers (some of them intentionally misleading) put forward by faceless test designers who are rarely eminent experts. No scientist, engineer, writer, psychologist, artist, or physician— and certainly no scholar, and therefore no serious university faculty member—pursues his or her vocation by getting right answers from a set of prescribed alternatives that trivialize complexity and ambiguity.”
Foreign policy types are up in arms—not over Russia’s pending annexation of Crimea, but over the response in the West. By yelling loudly but doing nothing in Syria and now in the Ukraine, America and Europe are losing all credibility. The insinuation is clear. If we don’t draw the line at Crimea, we will embolden Putin in Poland. Much as in the 1930s, the current NATO alliance seems unwilling to stand up for anything on principle if the costs are more than a few photo opportunities and some angry tweets. According to The American Interest, “Putin believes the West is decadent, weak, and divided. The West needs to prove him wrong.” And in Politico, Ben Judah writes: “Russia’s rulers have been buying up Europe for years. They have mansions and luxury flats from London’s West End to France’s Cote d’Azure. Their children are safe at British boarding and Swiss finishing schools. And their money is squirrelled away in Austrian banks and British tax havens.Putin’s inner circle no longer fear the European establishment. They once imagined them all in MI6. Now they know better. They have seen firsthand how obsequious Western aristocrats and corporate tycoons suddenly turn when their billions come into play. They now view them as hypocrites—the same European elites who help them hide their fortunes.”
In The New York Times Magazine, Siddhartha Deb profiles Arundhati Roy, the Indian writer best known in the West for her 1997 novel The God of Small Things. Though the book made Roy into a national icon, her political essays – in which she has addressed, among other issues, India’s occupation of Kashmir, the “lunacy” of India’s nuclear programme, and the paramilitary operations in central India against the ultraleft guerillas and indigenous populations – have angered many nationalist and upper-class Indians for their fierce critiques. Roy’s most recent work, The Doctor and the Saint, is an introduction to Dr. B.R. Ambedkar’s famous 1936 essay “The Annihilation of Caste” that is likely to spark controversy over her rebuke of Ghandi, who wanted to abolish untouchability but not caste. How does Roy see her fiction in relation to her politics? “I’m not a person who likes to use fiction as a means,” she says. “I think it’s an irreducible thing, fiction. It’s itself. It’s not a movie, it’s not a political tract, it’s not a slogan. The ways in which I have thought politically, the proteins of that have to be broken down and forgotten about, until it comes out as the sweat on your skin.” You can read Deb’s profile of Roy here, and an excerpt from The Doctor and the Saint here.
Comparing the MOOC and the GED, Michael Guerreiro wonders whether participants approach both programs with the same sense of purpose. The answer, he suspects, is no: "The data tells us that very few of the students who enroll in a MOOC will ever reach its end. In the ivy, brick, and mortar world from which MOOCs were spun, that would be damning enough. Sticking around is important there; credentials and connections reign, starting with the high-school transcript and continuing through graduate degrees. But students may go into an online course knowing that a completion certificate, even offered under the imprimatur of Harvard or UPenn, doesn’t have the same worth. A recent study by a team of researchers from Coursera found that, for many MOOC students, the credential isn’t the goal at all. Students may treat the MOOC as a resource or a text rather than as a course, jumping in to learn new code or view an enticing lecture and back out whenever they want, just as they would while skimming the wider Web. For many, MOOCs may be just one more Internet tool or diversion; in the Coursera study, the retention rate among committed students for a typical class was shown to be roughly on par with that of a mobile app. And the London Times reported last week that, when given the option to get course credit for their MOOC (for a fee), none of the thousand, or so students who enrolled in a British online class did.” A potent reminder that while MOOCs may indeed succeed and may even replace university education for many people, they are not so much about education as a combination of entertainment, credential, and manual. These are important activities each, but they are not what liberal arts colleges should be about. The hope in the rise of MOOCs, as we’ve written before, is that they help return college to its mission: to teach critical thinking and expose students to the life of the mind.
Noam Chomsky, speaking to the Adjunct Faculty Association of the United Steelworkers, takes issue with the idea that the American university was once living and is now undead, and seeks a way forward: "First of all, we should put aside any idea that there was once a “golden age.” Things were different and in some ways better in the past, but far from perfect. The traditional universities were, for example, extremely hierarchical, with very little democratic participation in decision-making. One part of the activism of the 1960s was to try to democratize the universities, to bring in, say, student representatives to faculty committees, to bring in staff to participate. These efforts were carried forward under student initiatives, with some degree of success. Most universities now have some degree of student participation in faculty decisions. And I think those are the kinds of things we should be moving towards: a democratic institution, in which the people involved in the institution, whoever they may be (faculty, students, staff), participate in determining the nature of the institution and how it runs; and the same should go for a factory. These are not radical ideas."
This week on the blog Anna Metcalfe examines the multi-dimensional idea of action which Arendt discusses in The Human Condition. And in the Weekend Read, entitled 'Why the Jews?', Roger Berkowitz delves into anti-Judaism and its deeply seated roots in Western civilization.
Featuring Housekeeping by Marilynne Robinson.
Bard College partners with five local libraries for six weeks of activities, performances, and discussions scheduled throughout the Hudson Valley.
Learn more here.
'What Europe? Ideals to Fight for Today'
The HAC co-sponsors the second annual conference with Bard College in Berlin
March 27-28, 2014
Learn more here.
Is there such a thing as too much free speech? The Editors at N+1 think so. They posted an editorial this week lamenting the overabundance of speaking that has swept over our nation like a plague:
A strange mania governs the people of our great nation, a mania that these days results in many individual and collective miseries. This is the love of opinion, of free speech—a furious mania for free, spoken opinion. It exhausts us.
The N+1 Editors feel besieged. And we can all sympathize with their predicament. Too many people are writing blogs; too many voices are tweeting; too many friends are pontificating about something on Facebook. And then there are the trolls. It’s hard not to sympathize with our friends at N+1. Why do we have to listen to all of these folks? Shouldn’t all these folks just stop and read N+1 instead?
Of course it is richly hypocritical for the Editors of an opinion journal to complain of an overabundance of opinions. And N+1 acknowledges and even trumpets its hypocrisy.
We are aware that to say [that others should stop expressing their opinions] (freely! our opinion!) makes us hypocrites. We are also aware that America’s hatred of hypocrisy is one of few passions to rival its love of free speech—as if the ideal citizen must see something, say something, and it must be the same thing, all the time. But we’ll be hypocrites because we’re tired, and we want eventually to stop talking.
Beyond the hypocrisy N +1 has a point: The internet has unleashed packs upon packs of angry often rabid dogs. These haters attack anything and everything, including each other. Hate and rage are everywhere:
The ragers in our feeds, our otherwise reasonable friends and comrades: how do they have this energy, this time, for these unsolicited opinions? They keep finding things to be mad about. Here, they’ve dug up some dickhead writer-professor in Canada who claims not to teach women writers in his classes. He must be denounced, and many times! OK. Yes. We agree. But then it’s some protest (which we support), and then some pop song (which we like, or is this the one we don’t like?), and then some egregiously false study about austerity in Greece (full of lies!). Before we know it, we’ve found ourselves in a state of rage, a semi-permanent state of rage in fact, of perma-rage, our blood boiled by the things that make us mad and then the unworthy things that make other people mad.
Wouldn’t it be nice of public discourse were civil and loving? I too would prefer a rational discussion about the Boycott, Diversity, and Sanction movement. I would be thrilled if the Tea Party and Occupy Wall Street could join forces to fight political corruption and the over-bureaucratization of government that disempowers individuals. And of course I would love it if those who religiously attack Hannah Arendt for her opinion that Adolf Eichmann was a superficial and banal man responsible for unspeakable evils could find common cause with those who find her provocative, moving and meaningful.
Of course it is exhausting dealing with those with whom we don’t see eye to eye. And there is always the impulse to say simply, “enough! I just don’t want to hear your opinions anymore.” This is precisely what N+1 is saying: “We don’t care!”
We assert our right to not care about stuff, to not say anything, to opt out of debate over things that are silly and also things that are serious—because why pretend to have a strong opinion when we do not? Why are we being asked to participate in some imaginary game of Risk where we have to take a side? We welcome the re-emergence of politics in the wake of the financial crash, the restoration of sincerity as a legitimate adult posture. But already we see this new political sincerity morphing into a set of consumer values, up for easy exploitation.
Underlying N+1’s ironic distance from the arena of opinions and discord is a basic anti-political fantasy that opinion is a waste of time, if it is not destructive. Wouldn’t it be better to skip the opinions and the battles and the disagreements and just cut straight to the truth? Just listen to the truth.
Truth is not an imperative, but something that must be discovered. Unlike liquid opinion, truth does not always circulate. It is that which you experience, deeply, and cannot forget. The right to not care is the right to sit still, to not talk, to be subject to unclarity and allow knowledge to come unbidden to you. To be in a constant state of rage, by contrast, is only the other side of piety and pseudoscience, the kind of belief that forms a quick chorus and cannot be disproved. Scroll down your Facebook feed and see if you don’t find one ditto after another. So many people with “good” or “bad politics,” delivered with conviction to rage or applause; so little doubt, error, falsifiability—surely the criteria by which anything true, or democratic, could ever be found.
What N+1 embraces is truth over opinion and escapism against engagement with others. What they forget, however, is that there are two fundamentally opposed routes to truth.
In one, the truthseeker turns away from the world of opinion. The world in which we live is a world of shadows and deceptions. Truth won’t be found in the marketplace of ideas, but on the mountaintop in the blinding light of the sun. Like Plato’s philosopher king, we must climb out of the cave and ascend to the heights. Alone, turned toward the heavens and the eternal truths that surf upon the sunrays, we open ourselves to the experience of truth.
A second view of truth is more mundane. The truthseeker stays firmly planted in the world of opinion and deception. Truth is a battle and it is fought with the weapons of words. Persuasion and rhetoric replace the light of the sun. The winner gains not insight but power. Truth doesn’t emerge from an experience; truth is the settled sentiment of the most persuasive opinion.
Both the mountain path and the road through the marketplace are paths to truth, but of different kinds. Philosophers and theologians may very well need to separate themselves from the world of opinion if they are to free themselves to experience truth. Philosophical truths, as Hannah Arendt argues, address “man in his singularity” and are thus “unpolitical by nature.” For her, philosophy and also philosophical truths are anti-political.
Politicians cannot concern themselves with absolute truths; they must embrace the life of the citizen and the currency of opinion rather than the truths of the philosopher. In politics, “no opinion is self-evident,” as Arendt understood. “In matters of opinion, but not in matters of [philosophical] truth, our thinking is discursive, running as it were, from place to place, from one part of the world to another, through all kinds of conflicting views, until it finally ascends from these particularities to some impartial generality.” In politics, truth may emerge, but it must go through the shadows that darken the marketplace.
What Arendt understands about political truths is that truths do indeed “circulate” in messy and often uncomfortable ways that the n+1 editorial board wishes to avoid. Political thought, Arendt argues, “is representative.” By that she means that it must sample as many different viewpoints and opinions as is possible. “I form an opinion by considering a given issue from different viewpoints, by making present to my mind the standpoints of those who are absent; that is, I represent them.” It is in hearing, imagining, and representing opposing and discordant views that one comes to test out his or her own views. It is not a matter of empathy, of feeling like someone else. It is rather an imaginative experiment in which I test my views against all comers. In this way, the enlarged mentality of imaginative thinking is the prerequisite for judgment.
When Arendt said of Adolf Eichmann that he was possessed of the “fearsome word-and-thought-defying banality of evil” because he did not think, what she meant was that he was simply incapable or unwilling to think from the perspective of others. His use of clichés was not thoughtlessness itself, but was evidence that he had barricaded himself inside an ideological cage. Above all, his desire to make others including Jews understand his point of view—his hope that they could see that he was a basically good man caught up on the wrong side of history—was for Arendt evidence of his superficiality and his lack of imagination. He simply could not and did not ever allow himself to challenge his own rationalizations and justifications by thinking from the perspective of Jews and his other victims. What allowed Eichmann to so efficiently dispatch millions to their deaths was his inability to think and encounter opinions that were different from his own.
In the internet age we are bombarded with such a diversity of angry and insulting and stupid and offensive viewpoints that it is only naturally to alternate between the urge to respond violently and the urge to withdraw.
It is easy to deride political opinion and idolize truth. But that is to forget that “seen from the viewpoint of politics, truth has a despotic character.”
Political thinking requires that we resist both the desire to fight opinions with violence and the desire to flee from opinions altogether. Instead, we need to learn to think in and with others whose opinions we often hate. We must find in the melee of divergent and offending opinions the joy that exists in the experience of human plurality. We don’t need to love or agree with those we find offensive; but so long as they are talking instead of fighting, we should respect them and listen to them. Indeed, we should care about them and their beliefs. That is why the N+1 manifesto for not caring is your weekend read.
It is now more than 50 years since Hannah Arendt published Eichmann in Jerusalem. It is neither her best nor her most important book, yet it does contain essential and important insights. Above all, it offers us the example of a man who, as Arendt saw and understood him, moved fairly seamlessly from being an anti-Semite to a genocidal murderer. Arendt asked: How is it that Eichmann and others like him morphed so easily from an anti-Semite to a mass murderer?
Arendt’s book is justly famous because it posed this deeply important question and offered an answer that has, over time, come to be seen as persuasively right. In short, it is the case that modern systems of administratively organized murder and criminality depend upon the collaboration and work of many people who, while they support the general goals of the regime, would not otherwise imagine themselves criminals and murderers. These people act out of conviction, but they seek to justify what they do in clichés and bureaucratic language. They take pride not only in their dutifulness, but also in their initiative and support for carrying out the goals of the regime. Ordinary in many ways and far from being cold-blooded killers, they nevertheless willingly and even enthusiastically participate in an administrative machinery of death. They are able to do so, Arendt suggested, because they close themselves off from others and come to think in an echo chamber where they hear and credit no opinions that challenge their own. This shallow thoughtlessness—Arendt elsewhere calls dumbness—is what she names the banality that allows modern regimes of evil to cause such horrifically and decidedly non-banal evil.
What amazes me is how the centrality of her insight is still clouded over by an exaggerated and misplaced anger and contempt. How is it that 50 years after her book appeared and 75 years after Kristallnacht, some American intellectuals still have little better to do than attack Arendt for the tone of her book, the offense of certain phrases, and her use of the word “banal”? Aren’t there more important questions than the ultimately unknowable question of whether Eichmann—the example Arendt used—was or was not truly thoughtless? There must be more important things for intellectuals to be indignant about.
A case in point is the two-part series of essays published by Mark Lilla in the last two issues of the New York Review of Books. Lilla, a distinguished Professor of the Humanities at Columbia University in New York, begins the second of his essays, “The Defense of a Jewish Collaborator,” with these reflections:
A half-century has passed since Hannah Arendt’s Eichmann in Jerusalem was first published. Yet somehow we can’t escape it. Even today historians of the Final Solution do battle with her misguided thesis that Adolf Eichmann, the cold-blooded engineer of the Nazi killing machine, was himself but a cog in it, a self-deceived simpleton who made evil seem banal.
If Lilla is so upset that so much attention is lavished on Arendt’s book, why does he once again begin with it? Moreover, why does he insist on criticizing Arendt for things she never said? Let’s consider Lilla’s characterizations of Arendt’s arguments—characterizations that are tossed off, repeated by many, and quite simply are false.
Lilla first accuses Arendt of calling Eichmann “a cog” in the Nazi killing machine. This is a common complaint, one made famous by Deborah Lipstadt, whom Lilla cites approvingly. But where does Arendt say this? The simple answer is nowhere.
The “cog theory” comes up sparingly in Eichmann in Jerusalem, but wherever it does, Arendt decidedly rejects it. Consider this paragraph from section IV of her report, where she discusses what she calls “Eichmann's muddled general outlook and ideology with respect to “the Jewish question.”” She writes:
Eichmann admitted, as he had in the Sassen interview, that he “did not greet his assignment with the apathy of an ox being led to his stall,” that he had been very different from those colleagues “who had never read a basic book [i.e., Herzl's Judenstaat], worked through it, absorbed it, absorbed it with interest,” and who therefore lacked “inner rapport with their work.” They were “nothing but office drudges,” for whom everything was decided “by paragraphs, by orders, who were interested in nothing else,” who were, in short, precisely such “small cogs” as, according to the defense, Eichmann himself had been. If this meant no more than giving unquestioning obedience to the Führer's orders, then they had all been small cogs - even Himmler, we are told by his masseur, Felix Kersten, had not greeted the Final Solution with great enthusiasm, and Eichmann assured the police examiner that his own boss, Heinrich Müller, would never have proposed anything so “crude” as “physical extermination.” Obviously, in Eichmann's eyes the small-cog theory was quite beside the point. Certainly he had not been as big as Mr. Hausner tried to make him; after all, he was not Hitler, nor, for that matter, could he compare himself in importance, as far as the “solution” of the Jewish question was concerned, with Müller, or Heydrich, or Himmler; he was no megalomaniac. But neither was he as small as the defense wished him to be.
Arendt revisits the “cog theory in her postscript. Here is what she writes there:
We heard the protestations of the defense that Eichmann was after all only a “tiny cog” in the machinery of the Final Solution, and of the prosecution, which believed it had discovered in Eichmann the actual motor. I myself attributed no more importance to both theories than did the Jerusalem court, since the whole cog theory is legally pointless and therefore it does not matter at all what order of magnitude is assigned to the “cog” named Eichmann. In its judgment the court naturally conceded that such a crime could be committed only by a giant bureaucracy using the resources of government. But insofar as it remains a crime - and that, of course, is the premise for a trial - all the cogs in the machinery, no matter how insignificant, are in court forthwith transformed back into perpetrators, that is to say, into human beings. (italics added)
In the only mentions of the “cog theory” in her book, Arendt dismisses it as untrue and shows how even Eichmann rejected the cog theory and took pride in seeing himself as someone driven by conviction rather than by mere obedience. What Eichmann believed in is difficult to discern, which is why Arendt calls his thinking on the Jewish Question “muddled.” By this she means, it is unclear what were Eichmann’s real motivations. At times Eichmann spoke of helping the Jews emigrate (his first job from 1933-1939). At other times he said he “regarded the Jews as opponents with respect to whom a mutually acceptable, a mutually fair solution had to be found.” Arendt assumed he was an anti-Semite as well and discredited his claims of philo-Semitism. In the end, she found his thinking muddled. What was clear, is that Eichmann supported the Nazis enthusiastically. He was hardly a mere cog.
I hope we can put the “cog theory” to rest once and for all. It is repeated ad nauseum. But nowhere does Arendt embrace it. On the contrary, she rejects it.
Lilla also writes that Arendt “made evil seem banal.” One wonders what he means by such a statement. In fact, Arendt contrasts the horrific evil of the Holocaust with Eichmann’s inability to think from the perspective of others—banality not of what he did (evil), but of his person. When Arendt comes to actually offer her own opinion on what should happen to Eichmann—that he must be killed—she argues the true reason he needs to be executed is simply because of the extraordinary evil he has done.
That “evil violates a natural harmony” is, Arendt writes, the non-banal and “supreme justification” for why Eichmann must be executed. Against modern criminal law theories that see punishment as a response to the intent of the wrongdoer, Arendt argues the opposite: that Eichmann must be punished—regardless of his intent—because of the evil he has done. Here is what she says:
Foremost among the larger issues at stake in the Eichmann trial was the assumption current in all modern legal systems that intent to do wrong is necessary for the commission of a crime. On nothing, perhaps, has civilized jurisprudence prided itself more than on this taking into account of the subjective factor. Where this intent is absent, where, for whatever reasons, even reasons of moral insanity, the ability to distinguish between right and wrong is impaired, we feel no crime has been committed. We refuse, and consider as barbaric, the propositions “that a great crime offends nature, so that the very earth cries out for vengeance; that evil violates a natural harmony which only retribution can restore; that a wronged collectivity owes a duty to the moral order to punish the criminal” (Yosal Rogat). And yet I think it is undeniable that it was precisely on the ground of these long-forgotten propositions that Eichmann was brought to justice to begin with, and that they were, in fact, the supreme justification for the death penalty. Because he had been implicated and had played a central role in an enterprise whose open purpose was to eliminate forever certain “races” from the surface of the earth, he had to be eliminated.
The evil of the Holocaust was barbaric. It violated the order of the universe. To say that Arendt saw evil as banal is simply a willful misreading of her book.
The word “banality” appears once in a book of 250 pages that is filled with expressions of shock and horror at Nazi doings of evil. When Arendt does speaks not simply of the “banality of evil,” but of the “fearsome, word-and-thought defying banality of evil,” she refers to Eichmann and people like him who are able to justify their participation in truly evil acts by justifying themselves according to clichés, rationalizations, and deceptions. To do so, she argues, requires a lack of thinking, where thinking is understood as thinking from the perspectives of others. That is the kind of shallow banality that enables ordinary men to do evil. It is hardly to describe evil itself as banal.
Finally, in Lilla’s first essay on Arendt (thinly disguised as a review of the new film by Margarethe von Trotta), Lilla trades in the lately popular fallacy that newly discovered interviews of Eichmann by Dutch Nazi Willem Sassen prove Arendt mistaken about Eichmann. Lilla claims that a quotation full of ellipses offers such glaring proof of Eichmann’s thoughtful monstrousness that, had Arendt known this “new” information, she “would have to concede” she was wrong.
Here is the chilling quotation from the Sassen papers that Lilla offers.
The cautious bureaucrat, yeah, that was me…. But joined to this cautious bureaucrat was a fanatical fighter for the freedom of the Blut I descend from…. What’s good for my Volk is for me a holy command and holy law…. I must honestly tell you that had we…killed 10.3 million Jews I would be satisfied and would say, good, we’ve exterminated the enemy…. We would have completed the task for our Blut and our Volk and the freedom of nations had we exterminated the most cunning people in the world…. I’m also to blame that…the idea of a real, total elimination could not be fulfilled…. I was an inadequate man put in a position where, really, I could have and should have done more.
This quotation shows the ferocity of Eichmann’s character. It shows him to be fully committed to carrying out the Final Solution, which, of course, was one of Arendt’s main arguments—that Eichmann did not simply obey, but supported the Nazi regime. It shows Eichmann was not simply a cog, again a point made by Arendt. It shows that Eichmann put himself under his “Volk,” the German word for Nation or People. He repeats this point often in the Sassen papers, that he was prepared to sacrifice himself, his conscience, his morality, and his life for the good of the German Volk as articulated by Adolf Hitler. And it shows that Eichmann refused to ask for forgiveness for what he had done. He shows no remorse and even feels guilty that he did not accomplish the task eventually assigned to him after 1941, to help exterminate the entirety of the 10.3 million Jews in Europe. In short, these citations show Eichmann to be a god awful man.
Lilla offers this citation to make a different point, however, namely, to accuse Arendt, not simply Eichmann. It is intended to prove that Arendt was wrong about Eichmann. Because of this quote, “we now know [Arendt’s argument] to be utterly indefensible.” What is more, in an astounding act of ventriloquism, Lilla writes: “Arendt, [if] were she alive, would have to concede.”
The problem with Lilla’s assertion is that Arendt was aware of the material he quotes. Partial transcriptions of the interviews—including the quotes Lilla cites—were published in two volumes of Life Magazine in 1960. Arendt read those interviews; she suspected they were not fully reliable, but understood them to give a sense of Eichmann’s anti-Semitism, his boastfulness and stupidity—all congruent with the 70 pages of Eichmann’s 1956 memoir written in Argentina that she also read. In short, Arendt had seen many of the damning quotes from the Sassen interviews and concluded that, if anything, they supported her interpretation. If Lilla wants to argue that Arendt got Eichmann wrong, fine: he should make his case on its merits, not on assertions of her ignorance of essentials of which she was not ignorant.
Arendt saw Eichmann as an anti-Semite. Might she have underestimated the extent of his hatred? Perhaps. Having read as much of Eichmann’s writings as I have been able to get my hands on, I am convinced that Eichmann was a virulent anti-Semite. So much so that it is clear to me that his hatred of Jews must have played some significant role in his willingness to participate in the Final Solution. But none of that in any way contradicts Arendt’s argument.
There is a difference between virulent anti-Semitism and genocidal mass murder. Both in Jerusalem and Argentina, Eichmann describes pangs of conscience—not about killing Jews, but about killing. The fact is that from 1933-1940 Eichmann’s anti-Semitism led him to enthusiastically support and carry out first the policy of helping Jews to leave Germany and second the policy of deporting them from Germany. After the Final Solution was decided upon, Eichmann expressed reservations about it in both Argentina and in Jerusalem. He made it very clear that he was against killing and that he never personally killed anyone. This point—as irrelevant as it was to the trial—was important to him. What shocked Arendt was how he so quickly overcame his conscientious resistance to killing. His anti-Semitism—clearly part of the explanation—cannot alone explain how, or why, he so easily overcame his initial resistance to the physical extermination of the Final Solution.
Arendt saw that Eichmann’s original reservations at being involved in mass murder dissipated quickly as he justified mass murder, consoling himself with clichés, and hoping others would understand and forgive him. This dumb shallowness is what Arendt called Eichmann’s banality. Arendt’s point was that Eichmann—beyond being an anti-Semite—thrived upon the power and meaning he got from being a Nazi. There is simply no reason to think that the quotations from the Sassen Papers that Lilla offers—quotations Arendt had read—would make her change her mind. To say they would is to free oneself from the obligation of understanding her argument.
Arendt asked how Eichmann morphed from an anti-Semite to a mass murderer. Her critics owe her the courtesy of engaging the depth of her argument, something Lilla’s false claims of superior knowledge free him from having to do. Fifty years on, it is time to get beyond “gotcha” accounts that dismiss the seriousness of her work and, instead, take Arendt’s arguments seriously.
When all this is said, there is much to recommend in Lilla’s two essays. Especially in his consideration of Claude Lanzmann’s film The Last of the Unjust—a spirited defense of one of the worst of the Judenräte Benjamin Murmelstein. Lilla displays good sense in questioning Lanzmann’s defense of Murmelstein’s rationalizations for his collaboration. Further, in his first essay, Lilla rightly considers and rejects the most slanderous and pernicious arguments that Arendt blamed the Jewish victims of the Holocaust. His discussion of Arendt’s account of the Judenräte is balanced and informative. He rightly sees that the anger over her characterization of the Jewish leaders was largely overblown, based on taking offending phrases out of context.
In the end, it is important to read essays like Lilla’s, if only to understand the liveliness of the sadly-continuing controversy around Eichmann in Jerusalem. Mark Lilla’s “Arendt and Eichmann: The New Truth” and his “The Defense of a Jewish Collaborator,” are your weekend reads.
Peter Ludlow in the Stone remarks on the generational divide in attitudes towards whistle blowers, leakers, and hackers. According to Time Magazine, “70 percent of those age 18 to 34 sampled in a poll said they believed that Snowden “did a good thing” in leaking the news of the National Security Agency’s surveillance program. This fits a general trend, one heralded by Rick Falkvinge—founder of the European Pirate Parties—at the Hannah Arendt Center Conference last year, that young people value transparency above institutional democratic procedures. Distrusting government and institutions, there is a decided shift towards a faith in transparency and unfettered disclosure. Those who expose such in information are lauded for their courage in the name of the freedom of information.
Ludlow agrees and cites Hannah Arendt’s portrait of Adolf Eichmann for support of his contention that leakers like Edward Snowden and Chelsea Manning acted justly and courageously:
“In “Eichmann in Jerusalem,” one of the most poignant and important works of 20th-century philosophy, Hannah Arendt made an observation about what she called “the banality of evil.” One interpretation of this holds that it was not an observation about what a regular guy Adolf Eichmann seemed to be, but rather a statement about what happens when people play their “proper” roles within a system, following prescribed conduct with respect to that system, while remaining blind to the moral consequences of what the system was doing — or at least compartmentalizing and ignoring those consequences.”
Ludlow insists: “For the leaker and whistleblower the answer to [those who argue it is hubris for leakers to make the moral decision to expose wrongdoing], is that there can be no expectation that the system will act morally of its own accord. Systems are optimized for their own survival and preventing the system from doing evil may well require breaking with organizational niceties, protocols or laws. It requires stepping outside of one’s assigned organizational role.” In other words, bureaucratic systems have every incentive to protect themselves, thus leading to both dysfunction and injustice. We depend upon the actions of individuals who say simply: “No, I can’t continue to allow such injustice to go on.” Whistle blowers and leakers are essential parts of any just bureaucratic organization.
Ludlow’s insight is an important one: It is that the person who thinks for himself and stands alone from the crowd can—in times of crisis when the mass of people are thoughtlessly carried away by herd instincts and crowd mentality—act morally simply by refusing to go along with the collective performance of injustice. The problem is that if Snowden and Manning had simply resigned, their acts of resistance would have had minimal impact. To make a difference and to act in the name of justice, they had to release classified material. In effect, they had to break the law. Ludlow’s claim is that they did so morally and in the name of justice.
But is Ludlow correct to enlist Arendt in support of leakers such as Snowden and Manning? It is true that Arendt deeply understands the importance of individuals who resist the easy path of conformity in the name of doing right. Perhaps nowhere is the importance of such action made more markedly manifest than in her telling of the mention of Anton Schmidt when his name appeared in the testimony of the Eichmann trial:
At this slightly tense moment, the witness happened to mention the name of Anton Schmidt, a Feldwebel, or sergeant, in the German Army - a name that was not entirely unknown to this audience, for Yad Vashem had published Schmidt's story some years before in its Hebrew Bulletin, and a number of Yiddish papers in America had picked it up. Anton Schmidt was in, charge of a patrol in Poland that collected stray German soldiers who were cut off from their units. In the course of doing this, he had run into members of the Jewish underground, including Mr. Kovner, a prominent member, and he had helped the Jewish partisans by supplying them with forged papers and military trucks. Most important of all: "He did not do it for money." This had gone on for five months, from October, 1941, to March, 1942, when Anton Schmidt was arrested and executed. (The prosecution had elicited the story because Kovner declared that he had first heard the name of Eichmann from Schmidt, who had told him about rumors in the Army that it was Eichmann who "arranges everything.") ….
During the few minutes it took Kovner to tell of the help that had come from a German sergeant, a hush settled over the courtroom; it was as though the crowd had spontaneously decided to observe the usual two minutes of silence in honor of the man named Anton Schmidt. And in those two minutes, which were like a sudden burst of light in the midst of impenetrable, unfathomable darkness, a single thought stood out clearly, irrefutably, beyond question - how utterly different everything would be today in this courtroom, in Israel, in Germany, in all of Europe, and perhaps in all countries of the world, if only more such stories could have been told.
For Arendt, great civil disobedients from Socrates to Thoreau play important and essential roles in the political realm. What is more, Arendt fully defends Daniel Ellsberg’s release of the Pentagon Papers. It seems, therefore, that it is appropriate to enlist her in support of the modern day whistleblowers.
There is, however, a problem with this reading. Socrates, Thoreau, and Ellsberg all gave themselves up to the law and allowed themselves to be judged by and within the legal system. In this regard, they differ markedly from Snowden, Manning and others who have sought to remain anonymous or to flee legal judgment. For Arendt, this difference is meaningful.
Consider the case of Shalom Schwartzbard, which Arendt addresses in Eichmann in Jerusalem. Schwartzbard was a Jew who assassinated the leader of Ukranian pogroms in the streets of Paris. Schwartzbard stood where he took his revenge, waited for the police, admitted his act of revenge, and put himself on trial. He claimed to have acted justly at a time when the legal system was refusing to do justice. And a French jury acquitted him.
For Arendt, the Schwartzbard case stands for an essential principle of justice: that to break the law and act justly, one must then bring oneself back into the law. She writes:
He who takes the law into his own hands will render a service to justice only if he is willing to transform the situation in such a way that the law can again operate and his act can, at least posthumously, be validated.
What allows Schwartzbard to serve the end of justice is that he took the risk of putting himself on trial and asked a court of law and a jury to determine whether what he did was just, even it were also illegal. By doing so, Schwartzbard not only claimed that his act was a matter of personal conscience; he insisted as well that it was legal if one understood the laws rightly. He asked the representatives of the law—the French jury—to publicly agree with his claim and to vindicate him. He had no guarantee they would do so. When they did, their judgment brought the justice of Schwartzbard’s act to the bright light of the public and also cast the legal system’s inaction—its refusal to arrest war criminals living openly in Paris—in the shadow of darkness.
When I have suggested to colleagues and friends that Snowden’s flight to Moscow and his refusal to stand trial makes it impossible to see his release of the NSA documents as an act of justice, their response mirrors the argument made by Daniel Ellsberg. Ellsberg—who turned himself over to the police after releasing the Pentagon Papers—has defended Snowden’s decision to flee. The United States of 2013, he argues, is simply no longer the United States of the 1960s. When Ellsberg turned himself in, he was released on bail and given legal protections. He has no faith that the legal system today would treat Snowden with such respect. More likely Snowden would be imprisoned, possibly in solitary confinement. Potentially he would be tortured. There is every reason to believe, Ellsberg and others argue, that Snowden would not receive a fair trial. Under such circumstances, Snowden’s flight is, these supporters argue, justifiable.
I fully admit that it is likely that Snowden would have been treated much less generously than was Ellsberg. But aside from the fact that Snowden never gave the courts the chance to treat him justly, his refusal to submit to the law makes it impossible for his act of disobedience to shine forth as a claim of doing justice. He may claim that he acted in the public interest. He may argue that he acted out of conscience. And he may say he wants a public debate about the rightness of U.S. policy. He may be earnest in all these claims. But the fact that he fled and did not “transform the situation in such a way that the law can again operate and his act can be validated,” means that he does not, in the end, “render a service to justice.” On the contrary, by fleeing, Snowden gives solace to those who portray him as a criminal and make it easier for those who would to discredit him.
All of this is not to say that Snowden was wrong to release the NSA documents. It is clearly the case that the security state has gone off the rails and become encased in a bubble of fearful conformity that justifies nearly any act in the name of security. We do need such a public conversation about these policies and to the extent that Snowden and Manning have helped to encourage one, I am thankful to them. That said, Manning’s anonymity and Snowden’s flight have actually distracted attention from the question of the justice of their acts and focused attention instead on their motives and personal characters. They have, by resisting the return to law, diluted their claims to act justly.
It is a lot to ask that someone risk their life to act justly. But the fact that justice asks much of us is fundamental to the nature of justice itself: That justice, as opposed to legality, is always extreme, exceptional, and dangerous. Arendt knew well that those who act justly may lose their life, as did Socrates and Anton Schmidt. She knew well that those who act justly may lose their freedom, like Nelson Mandela. But she also knew that even those who die or are isolated will, by their courage in the service of justice, shine light into a world of shadows.
Peter Ludlow’s essay on the Banality of Systematic Evil is well worth reading. He is right that it is important for individuals to think for themselves and be willing to risk civil disobedience when they are convinced that bureaucracies have lost their moral bearings. It is your weekend read. And if you want to read more about Arendt and the demands of justice, take a look at this essay on Arendt’s discussion of the Shalom Schwartzbard case.