The Delusion of the Omnipotence
“There is a difference between a man who sets out to murder his old aunt and people who without considering the economic usefulness of their actions at all (…) build factories to produce corpses. (…) Perhaps what is behind it all is only that individual human beings did not kill other individual human beings for human reasons, but that an organized attempt was made to eradicate the concept of the human being”. – “And all this ... arises from – or, better, goes along with – the delusion of the omnipotence (not simply with the lust for power) of an individual man. If an individual man qua man were omnipotent, then there is in fact no reason why men in the plural should exist at all – just as in monotheism it is only God’s omnipotence that made him ONE.”
-Hannah Arendt / Karl Jaspers: Correspondence 1926-1969
Arendt distinguishes two historical boundaries that separated pre-modernity from modernity and liberalism from total domination. In her books The Human Condition and Between Past and Future Arendt discusses the profound changes which modernity brought about through technological progress and simultaneous world alienation, by withdrawal from the common world to self-reflection, by division of the world into subjectivity and objectivity, by substitution of philosophy and politics with an instrumental understanding of theory and praxis, and loss of the interwoven phenomena of authority, tradition and religion as guarantees for the stability of political communities.
All this opened the way to transgress traditional boundaries and to give in to the temptation to be omnipotent. The totalitarian movements transformed the nihilistic “all is allowed” into “all is possible”.
Is is precisely the same thesis that Freud, Castoriadis and others advanced: the lust for omnipotence is neither an exception nor the experience of a limited number of human beings but the general experience of early childhood. The experience of omnipotence precedes the recognition of otherness. Recognition of the other has to be learned in the course of development from the pre-social to the socially shaped human being. According to philosopher and psychoanalyst Joel Whitebook, we are thus confronted with a constant working of “the negative” in us.
“The experience of omnipotence is significant for the normal as well as for the abnormal child, for youth and for adulthood. Examples can be found in religious, aesthetic and erotic experiences, in the state of being in love, in mass phenomena and in certain forms of psychosis.”
In this context it is worth analysing the different forms of violence and asking why and how they transgress the boundaries to omnipotence. For example, we can distinguish between hooligan crowd violence, sniper killings in wartime and the mass murder committed by the Norwegian Anders Breivik. Transgressing boundaries in the case of hooligans consists of crossing the boundary from respect for the physical integrity of the other to illegal physical injury, in the case of snipers from a ban on killing to legally controlled or uncontrolled killing of enemy combatants, and in the case of Breivik in the annihilation of all representatives of the enemy. In Eichmann’s case, as we know, the maximum transgression consisted in the endless annihilation of entire peoples and populations.
What we find in the first case, the fierce violence of hooligans, is lust for power and temporary transgression. Here a code of honour prescribes that violence should be fierce and brutal, but not fatal, that those not involved should not be attacked, that the use of weapons is forbidden and that conflicting groups should be similar in number and strength. Hooligans do not intend to destroy their opponents but merely to gain victory over them. Consequently their violence has nothing to do with delusions of omnipotence, but a great deal to do with lust for power. There is, however, an element in their behaviour that could pave the way for omnipotence. They themselves describe this as a kick, a surge of violence that can be produced instantly and only stopped on the threshold of destroying the other. In the interests of journalism, the American journalist Bill Buford socialized with British hooligans for some time and observed in himself the euphoria that accompanied each transgression, a sense of transcendence that rose to ecstasy, where the individual was completely absorbed into the crowd. “Violence is one of the strongest sensations of pleasure." He described the vast majority of hooligans as what we might call ordinary neighbours.
The second group are the snipers. What makes them transgress boundaries is the lust to kill enemies as defined by the state, the army or the militia to which they belong. Chris Kyle, for example, the best sniper the US army ever produced, officially shot 160 enemy combatants in Iraq, 250 in his opinion, and described killing as his job and the war as his area of work.
“When you kill someone the first time, you’re stirred up. You think: Am I really allowed to kill this guy? Is this OK? But once you kill an enemy, you realize it’s alright. You do it again. And again. You do it so the enemy cannot kill you and your compatriots. You do it until there’s no one left to kill. "
Chris Kyle became a killing machine employed by the state.
When his marriage was threatened, he returned to the United States. There too, death remained his main topic. He became an alcoholic, was involved in brawls, shot two car thieves, set up a company to train snipers and took care of traumatized veterans by accompanying them to shooting ranges. In February of this year he was shot by one of the traumatized ex-soldiers at a shooting range. Chris Kyle received numerous awards. The nation is proud of him.
The Norwegian mass murderer Anders Breivik represents the third form of transgression. His deed is not marked primarily by the lust for power or the lust to kill but by the ideological justification of an omnipotent action. He bombed the government district of Oslo, killing eight people, and massacred 69 participants of a social-democrat youth camp. He justified this act in a fifteen hundred page manifesto entitled 2083 A European Declaration of Independence. He claimed to represent a Norwegian and European resistance movement and to be a member of the “indigenous population” struggling against the decline of Norway due to uncontrolled immigration policies by liberals and representatives of a multicultural society.
“It is 100 percent certain that there will be a war between nationalists and internationalists in Europe. We, the first militant nationalists, are the first raindrops indicating that a big storm is coming. ... To die as a martyr for his people’s survival is the greatest honour in a man’s life.”
As a single perpetrator Breivik needed a particularly strong ideological justification and defined himself as a martyr who was sacrificing his life for the ethnic community. To do this he needed to distance himself emotionally from his fellow citizens and avoid any kind of interaction for several months, which he spent exclusively playing violent video games.
The same occurs with guerrilla groups. A crucial prerequisite for their deeds is the ideologically justified dehumanization of the potential victims and the transformation of the guerrilla fighters into cold-blooded killers. It is not only permissible to kill the “lackeys of imperialism” but the murders must be carried out in the most cold-blooded manner to be effective. In his Message to the Tricontinental in 1967 Che Guevara declared:
“Hatred as an element of the struggle; a relentless hatred of the enemy, impelling us over and beyond the natural limitations that man is heir to and transforming him into an effective, violent, selective and cold killing machine. Our soldiers must be thus; a people without hatred cannot vanquish a brutal enemy.”
We tend to underestimate the ongoing existence of violence and the lust for omnipotence. When we talk about recognition we forget the disregard, humiliation and negation of the other and consider this of secondary importance. When we talk about state monopoly on the use of force, we tend to forget that violence still exists, that there are permanent no-go areas and terrorist groups, and that there is violence that is permitted, trained and paid for by the state and violence exercised by our neighbours. Whether legal or illegal – there is an irreconcilable relationship between civilized behaviour at work during the week and violent behaviour on weekends, and between a democratic family father who respects the rule of law in one country and systematically kills in another.
When Arendt searched the origins of totalitarianism she found them in the non-totalitarian modernity (unsolved minority problems, un-political human rights concepts, administrative colonialism, nationalist concepts of politics, etc.) Violence belongs to them. It holds in itself not only the negation of plurality and freedom but also the delusion of the omnipotence.
-Wolfgang Heuer
The Re-Germanization of “Hannah Arendt”
I must confess, I am no Roger Ebert. I don’t write movie reviews for a living. I love movies, and watch lots of them, and often have strong opinions, like most of us. More than that I cannot claim.
But I have been deeply engaged in the life and thought of Hannah Arendt, having recently finished a book on her. And one I thing I can tell you is that at her core she was Jewish and also very American. The problem of Jewish identity was something she wrestled with her whole life, and in a very advanced way. She looked for data everywhere, even among Nazis, and she pulled ideas from everywhere, seeking to invent something new. By identity, I don’t mean just personal identity. I mean the collective identity upon which personal identities stand, and the politics that surround them. The problem for her was how an ethnic identity could be anchored in political institutions, and fostered, and protected, and yet avoids the close-mindedness and intellectual rigidity that seem inherent in nationalism. Thus too much is constantly made out of her apparent "non-Love" for the Jewish people, something which she wrote to Gershom Scholem after the publication of Eichmann in Jerusalem, which is also a key scene in this movie. Against the backdrop of her own life, however, the idea that only friends mattered sounded just a bit ironic. Arendt was not exactly a "cultivator of her garden." She spent all her time wrapped up in national and international and cultural politics. Jewish politics was a big part of her life.
So as a fan of both movies and Arendt, you can imagine how much I was looking forward to this movie. Unfortunately, I came out deeply disappointed. It’s not simply that this portrait of Arendt is frozen in amber, and celebrates the misunderstandings of 50 years ago, when Eichmann in Jerusalem had just came out. It’s not simply that it ignores the last 15 years of modern scholarship, which re- excavated her Jewishness in order to make sense of the many things in her writings and actions that otherwise don’t. It’s that it turns her story inside out. She becomes a German woman saving the Jews.
I first saw this film in Germany, and I can testify that Germans love the story when told this way. It also seems a story the director loves to tell. After seeing Arendt twice (once in Munich and once in Tel Aviv), I remembered von Trotta’s 2003 movie Rosenstrasse, and was stunned to realize it’s pretty much the same story: German women saving Jewish men. Rosenstrasse, an interesting footnote in Holocaust and legal history ends in a triumphal march with the women bringing their men home, seeming as if they’d risked life and limb. In Hannah Arendt, a similar scene is her big speech at the New School, where the evil administrators (all very Jewish looking) are shamed into submission by her brilliance, while young students (all pretty and Aryan-looking) applaud enthusiastically. Both are archetypal Hollywood “the world is good again” scenes. And both are fundamental distortions of reality, German fantasies being taken for history.
Perhaps that is the key. Perhaps in this age of Tarantino and Spielberg you are free to do what you like. The projection of historical fantasies is now a subgenre. So shouldn’t the Germans be free to enjoy their fantasies about the Jews, about Israel,about German-Jewish relations, about the meaning of German-Jewish reconciliation, you name it? Sure. But, as I’m sure you have noticed, along with passionate fans, these sorts of films always attract large measures of stinging criticism from (a) scholars peeved at gross inaccuracies, and (b) people who hate this fantasy and want a different one. Since for this film I fall into both groups, you should treat my reactions accordingly.
Hollywood conventions may be most visible in the “right with the world” scenes, but they appear throughout the film. The most Hollywood thing about it is that this is a film lionizing thinkers that doesn’t have any thinking in it. We are supposed to know from the camera and the music and the reaction shots that they are having big thoughts and that everyone is awed by them. But if you actually listen to what is supposed to be passing as big thought, Oy. Hannah Arendt and Mary McCarthy: frivolous advice about men. Martin Heidegger, who hovers over the movie like a Black Forest deity, appears via flashbacks, pronouncing things like “We think because we are thinking beings.” Young Hannah Arendt looks up, clearly smitten by such banalities. Under Heidegger’s cloud, Hannah Arendt is not only Germanized, but turned into a sentimental fool. Which is the last description anyone has ever reached for who had ever met her.
As for the Eichmann trial that frames and forms the core of the film, all I can say is don’t get me started. Arendt’s New Yorker articles and the book that came out of them were the source of endless misunderstanding, both at the time and still today. This movie not only adds to it, it builds on it. For von Trotta, “the banality of evil” is a way of normalizing the crimes of the Holocaust: anyone could have done them. Eichmann is no antisemite. Banality is the thus deepest insight, the final dismissal of charges. And it’s the Jews who miss it, and the German-speaking woman who has to tell them, for their own good, to give up on this grudge business and with it also realize their own guilt in the destruction of the Jews.
So far, so normal. Everyday Eichmann in Jerusalem is being misinterpreted like this in classrooms around the world. But there is one thing I can’t forgive, which gives the film its final conclusion, and that is the completely fabricated scene at the end where she is threatened by the Mossad. It is nonsensical for several reasons, but worse is how it is composed. It is a “walking my lonely road” scene that chimes with the very first scene of the movie, when Eichmann is walking along in Argentina just before he is grabbed. There, the Mossad men overpower him completely; he is helpless and held up to scorn. Here, she stands up to them and tells them off; they slink away, grumbling impotent before the truth. The arc is completed. The Israelis, wrong from the beginning, have finally been cowed by The Truth About How Wrong They Were, by the German speaking Athena. And for good measure she throws in a sneering crack about how the Jewish nation must have too much money if it sent four of them.
Tarantino never made up anything more inverted.
-Natan Sznaider
**Natan Sznaider is a Professor at the Academic College of Tel Aviv-Yaffo. Among his several books are Jewish Memory and the Cosmopolitan Order: Hannah Arendt and the Jewish Condition and two books on the sociology of the Holocaust.He was born and grew up in Germany, and is a regularly commentator in the German press. He lives in Tel Aviv.
Reflections on an Inaugural Address
I watched President Obama’s second Inaugural Address with my seven-year-old daughter. She had just completed a letter to the President—something she had been composing all week. She was glued to the TV. I found myself tearing up at times, as I do and should do at all such events. “The Star Spangled Banner” by Beyonce was… well, my daughter stood up right there in the living room, so I followed suit. The Inaugural Poem by Richard Blanco began strong—I found the first two stanzas powerful and lyrical.
The invocation of “One sun rose on us today,” is Whitmanesque, as is: “My face, your face, millions of faces in morning’s mirrors.” That second verse really grabbed me:
My face, your face, millions of faces in morning’s mirrors,
each one yearning to life, crescendoing into our day,
pencil-yellow school buses, the rhythm of traffic lights,
fruit stands: apples, limes, and oranges arrayed like rainbows
begging our praise. Silver trucks heavy with oil or paper—
bricks or milk, teeming over highways alongside us,
on our way to clean tables, read ledgers, or save lives—
to teach geometry, or ring-up groceries as my mother did
for twenty years, so I could write this poem.
I was hooked here, with Blanco’s rendition of a motley American life guided by a rising sun. But the poem dragged for me. I lost the thread. Still, I am so grateful for the continued presence of poetry at inaugural events. They remind us that the Presidency and the country is more than policy and prose.
In the President’s speech itself, there was too much politics, some prose, and a bit of poetry. There were a few stirring lines affirming the grand dreams of the United States. His opening was pitch perfect:
Each time we gather to inaugurate a President we bear witness to the enduring strength of our Constitution. We affirm the promise of our democracy. We recall that what binds this nation together is not the colors of our skin or the tenets of our faith or the origins of our names. What makes us exceptional -- what makes us American -- is our allegiance to an idea articulated in a declaration made more than two centuries ago:
“We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.”
Storytelling, Hannah Arendt knew, was at the essence of politics. The President understands the importance and power of a story and the story of America is one of the dream of democracy and freedom. He tells it well. Some will balk at his full embrace of American exceptionalism. They are right to when such a stand leads to arrogance. But American exceptionalism is also, and more importantly, a tale of the dream of the Promised Land. It is an ever-receding dream, as all such dreams are. But that means only that the dream must be kept alive. That is one of the purposes of Presidential Inaugurations, and President Obama did that beautifully.
Another stirring section invoked the freedom struggles of the past struggles for equality.
We, the people, declare today that the most evident of truths –- that all of us are created equal –- is the star that guides us still; just as it guided our forebears through Seneca Falls, and Selma, and Stonewall; just as it guided all those men and women, sung and unsung, who left footprints along this great Mall, to hear a preacher say that we cannot walk alone; to hear a King proclaim that our individual freedom is inextricably bound to the freedom of every soul on Earth.
The President, our nation’s first black President now elected for a second term, sought to raise the aspiration for racial and sexual equality to the pantheon of our Constitutional truths. Including the struggles of gay Americans—he mentioned gay rights for the first time in an inaugural address—the President powerfully rooted the inclusivity of the American dream in the sacred words of the Declaration of Independence and set them in the hallowed grounds of constitutional ideals.
When later I saw the headlines and the blogs, it was as if I had watched a different speech. Supposedly the President offered an “aggressive” speech. And he came out as unabashedly liberal. This is because he mentioned climate change (saying nothing about how he will approach it) and gay rights. Oh, and many saw it as unabashedly liberal when the President said:
For we, the people, understand that our country cannot succeed when a shrinking few do very well and a growing many barely make it. We believe that America’s prosperity must rest upon the broad shoulders of a rising middle class. We know that America thrives when every person can find independence and pride in their work; when the wages of honest labor liberate families from the brink of hardship. We are true to our creed when a little girl born into the bleakest poverty knows that she has the same chance to succeed as anybody else, because she is an American; she is free, and she is equal, not just in the eyes of God but also in our own.
How is it “liberal” to value the middle-class and pride in work? There was nearly nothing in this talk about the poor or welfare. It was about working Americans, the people whose labor builds the bridges and protects are people. And it was about the American dream of income and class mobility. How is that liberal? Is it liberal to insist on a progressive income tax? Granted, it is liberal to insist that we raise revenue without cutting expenses. But where was that said?
And then there are the swarm of comments and critiques about the President’s defense of entitlements. Well here is what he said:
We understand that outworn programs are inadequate to the needs of our time. So we must harness new ideas and technology to remake our government, revamp our tax code, reform our schools, and empower our citizens with the skills they need to work harder, learn more, reach higher. But while the means will change, our purpose endures: a nation that rewards the effort and determination of every single American. That is what this moment requires. That is what will give real meaning to our creed. We, the people, still believe that every citizen deserves a basic measure of security and dignity. We must make the hard choices to reduce the cost of health care and the size of our deficit. But we reject the belief that America must choose between caring for the generation that built this country and investing in the generation that will build its future. (Applause.) For we remember the lessons of our past, when twilight years were spent in poverty and parents of a child with a disability had nowhere to turn.
If I read this correctly, the President is here saying: We spend too much on health care and we need to cut our deficit. Outworn programs must change and we need innovation and technology to improve our schools even as we reduce the cost of education. We must, he says, “make the hard choices to reduce the cost of health care and the size of our deficit.” Yet we must do so without abandoning the nation’s creed: the every American has equal worth and dignity. This is a call for changing and rethinking entitlements while cutting their cost. It is pragmatic and yet sensible. How is it liberal? Is it now liberal to believe in social security and Medicare? Show me any nationally influential conservative who will do away with these programs? Reform them, yes. But abandon them?
More than a liberal, the President sounded like a constitutional law professor. He laid out broad principles. We must care for our fellow citizens. But he left open the way that we might do so.
Perhaps the most problematic section of the President’s speech is this one:
We do not believe that in this country freedom is reserved for the lucky, or happiness for the few. We recognize that no matter how responsibly we live our lives, any one of us at any time may face a job loss, or a sudden illness, or a home swept away in a terrible storm. The commitments we make to each other through Medicare and Medicaid and Social Security, these things do not sap our initiative, they strengthen us. They do not make us a nation of takers; they free us to take the risks that make this country great.
Here the President might sound liberal. But what is he saying? He is raising the entitlement programs of the New Deal to Constitutional status, saying that these programs are part of the American way of life. He is not wrong. No Republican—not Reagan, not Romney, not Paul Ryan—proposes getting rid of these programs. They have become part of the American way of life.
That said, these programs are not unproblematic. The President might say that “these things do not sap our initiative, they strengthen us. They do not make us a nation of takers; they free us to take the risks that make this country great.” But saying it does not make it true. There are times when these programs care for the sick and unfortunate. And yet there are no doubt times and places where the social safety net leads to taking and weakness. It is also true that these programs are taking up ever more of our national budget, as this chart from the Government Accounting Office makes clear.
The President knows we need to cut entitlements. He has said so repeatedly. His greatest liability now is not that he can’t control opposition Republicans. It is that he doesn’t seem able or willing to exert leadership over the members of his own party in coming up with a meaningful approach to bring our entitlement spending—spending that is necessary and rightly part of our constitutional DNA—into the modern era. That is the President’s challenge.
The problem with President Obama’s speech was not that it was liberal. Rather, what the President failed to offer was a meaningful example of leadership in doing what he knows we must do: Rethinking, re-imagining, and re-forming our entitlement programs to bring them into the modern era.
-RB
On Voting
I recently received the following excerpted from a long comment from Justine Parkin, a reader and a recent college graduate from the University of California, at Berkeley. Justine wrote:
The question posed in the 2012 Hannah Arendt conference “Does the President matter?” remains on my mind. It is, I think, related to another important question, namely “Does voting matter?” I know and have met several people who have decided not to go to the voting booth this election season. This is of course not an entirely unordinary decision, particularly for people who, like me, live in states like California and who because of the electoral system seem to think that their vote matters little and thus can with an undisturbed conscience decide not to vote. Yet it seems that in the case of this election, there are many, who even if the electoral college were to be replaced by a popular vote, would nevertheless remain firm in their decision not to vote. I admit sometimes that I myself have had a similar conclusion after recognizing little difference between the candidates, thinking everything they say is just “rhetoric” with few direct answers and little real substance and feeling that my vote is merely a decision “between the lesser of two evils.” All of these observations have at times led me to conclude that choosing not to vote may in fact be the more truly political act. And yet, I wanted to probe my choice to inaction further. I wanted to think not only “does voting matter?” but “what if voting did really matter?” In other words, if my participation in politics, or lack thereof, is to be one that is not just a confirmation of what politics is, but rather what politics should be, how would I act? I make no claim that one’s participation in the voting booth is the most important or the only form of political action that we must participate in. To think that merely casting one’s ballot is the ultimate and most necessary political act, I think, is a severe relinquishing of political responsibility. The act of voting is highly limited, not just in the sense of the construction of ballots which provide a particular formatted set of options with a certain illusion of choice, but voting is always a highly individual and closed act, not the “public” or “political” sphere of engaging a plurality of individuals which Arendt praises. Thus not only our political participation but our more essential human identity should stretch beyond the confines of the voting booth. Nevertheless, I wonder if this current form of apathy towards politics is itself a dangerous relinquishing of the human responsibility to thought.
These thoughtful reflections from a young voter—and Justine tells me in a future email that she will indeed vote—are apt reminders on election day of the extraordinary place of voting in our lives.
Quite simply, voting is our national civic exercise, as weak an exercise as it may be. It is the act by which we affirm our belonging to the democratically structured constitutional federal republic that is the United States of America. I have to admit that as cynical as I can be about voting—and having voted primarily in New York, Massachusetts, and California where my Presidential votes have never mattered, (I can be pretty cynical)I get goose bumps every time I line up with my fellow citizens and wait to vote. I remember once waiting hours to vote in a polling station in Berkeley, Ca. It was by far the most inconvenient voting experience of my life, and yet also it was the most meaningful. I stood on line, talking with fellow voters, thinking that we lived in a country where people cared enough about their country to stand in line for hours to cast a ballot that, statistically speaking, meant almost nothing. Weirdly enough, that was one of the days in my life I felt most proud of being an American.
There is no doubt that our political muscles are atrophying. With the loss of town councils we have lost the main educational experience of politics that nourished American democracy for nearly a century. We still have such an institution in law where the jury system teaches citizens to engage meaningfully and solemnly with the fundamental issues of right and wrong. But our political system now largely functions without the participation or engagement of citizens. All we have left for most of us is voting.
And the activity of voting is changing. There are early voting drives and get out the vote marathons. The benign goal is to increase the vote. But one side effect of such efforts is the weakening of the public and communal experience of voting together at polling stations on Election day. The risk is that in making voting so bureaucratic and easy and private and unobtrusive we further expel it as a communal experience and a public ritual.
So Justine is right. Voting is an extraordinarily weak expression of political activity. As Henry David Thoreau wrote, "Even voting for the right is doing nothing for it. It is only expressing to men feebly your desire that it should prevail. In voting, he understood, the "character of the voters is not staked."
Hannah Arendt also saw that voting was a deeply circumscribed approach to politics. She once wrote: “The voting box can hardly be called a public place.” But the voting box can be a public place if and when it is a place where people congregate to vote. I admit it is still a weak space of politics, as the majority of the people who stand on line to vote are firm in their convictions. And yet the public act of standing in line, waiting, mingling with one's fellow citizens, and casting a vote, is a deeply symbolic affirmation of at least one important part of one's responsibility as a citizen. It can also be, as it often is for me, deeply moving.
-RB
American Criminal Justice, Made in Texas (Part 2)
In my last blog (June 20, 2012), I highlighted a few scholars’ recent efforts to situate current patterns of African American imprisonment within this country’s longer history of racial conflict and subjugation. More specifically, I focused on some of the central claims in Robert Perkinson’s book Texas Tough (2010), which offers a sharp account of the historical connections between racial hierarchy and mass imprisonment in the Lone Star State and the larger American South. In its broadest outlines, Perkinson’s book contends that incarceration in Texas has, from its very outset, been closely bound up with chattel slavery and its legacies.
This entanglement is perhaps most evident in the state’s long-standing commitment to forced inmate labor, much of which took place—as late as the 1970s—on state-run prison farms that bore a striking resemblance to antebellum plantations. It is also discernible in the late nineteenth- and early twentieth-century practice of “convict leasing,” which allowed private entrepreneurs to purchase the right to use inmate labor power from the state prison system.
Despite regulations that required the humane treatment of prisoners, convict leasing generated widespread neglect and abuse, and in the early twentieth century it drew the ire not only of many African Americans, but also of white labor leaders, radical farm organizers, and progressive middle-class reformers. This last group launched a concerted campaign to move the state prison system away from punitive revenue-bearing production and toward newer, ostensibly more benevolent forms of rehabilitation. In the second decade of the twentieth century, modernizers in the prison administration implemented a variety of reform measures, including better food and medical care, religious services and reading classes, ten-hour workdays, and even nominal compensation for prison workers (ten cents per diem). In Perkinson’s account, however, these efforts were undermined by vocal opposition from prison personnel and, perhaps counter-intuitively, a surge in inmate dissent and rebellion. This uptick in prisoner discontent in particular prompted administrators and lawmakers to reassert penal authority, and the prison system basically reverted to its former pattern of plantation agriculture and severe discipline.
To be sure, progressive reform campaigns reemerged in Texas in the late 1920s, the 1940s, and the 1950s. They commonly looked for inspiration to similar initiatives in New York (which represented the cutting edge of inmate participation in prison management) and California (which led the way in inmate counseling and the professionalization of prison staff). But they also responded to homegrown scandals, including a spate of self-mutilations among Texas prisoners in the 1940s. In a desperate effort to avoid and/or protest harsh work conditions, unsanitary housing, and guard mistreatment, hundreds of inmates chopped off digits or limbs, injected gasoline into their arms and legs, or severed their Achilles tendons. As Perkinson notes, similar tactics were common in the era of slavery and convict leasing, and prisoners’ recourse to such deliberate violence against the self ultimately drew a more sustained response from the state government than previous reform efforts.
Nevertheless, when a new system of prison management coalesced in the 1950s, it continued to emphasize “work and force” (Perkinson, p. 228) as the central pillars of incarceration, even as it embraced certain forms of rehabilitative programming like church services, formal schooling, vocational training, and after-work programs. This emerging style became known as the “control model,” and it garnered significant praise for Texas in the national press and in professional organizations like the American Correctional Association. As eventually became clear, however, the “control” that this model promoted ultimately rested on a culture of routine repression among prison guards as well as systemic reliance on convict enforcers, or “building tenders.” Since the late nineteenth century, building tenders in Texas prisons had dispensed disciplinary violence against fellow inmates with impunity, and they had enjoyed a variety of unsanctioned privileges, including the prerogative to engage in consensual and non-consensual sex with other prisoners.
In the face of such endemic brutality, a small number of convict activists began to draw on the 1871 Civil Rights Act to sue the state of Texas for violations of their constitutional rights. One of the most prominent activists, David Ruíz, filed a petition in June 1972 that offered a harrowing chronicle of his treatment at the hands of prison staff and building tenders, and a small team of lawyers and judges transformed it into a class action lawsuit, Ruiz v. Estelle, on behalf of the state’s entire inmate population. The presiding district judge ruled in 1980 that the Texas penal system had subjected prisoners to cruel and unusual punishment and deprived them of due process of law on a massive scale, and he ordered the state government to undertake sweeping changes. The Ruiz decision effectively ended Texas’s regime of plantation-style prison farming, and it represented the most comprehensive reform order that a federal court had issued to a state penal system up to that point. Drawing on the momentum created by the lawsuit, prison modernizers in the early 1980s lobbied for the redistribution of the state’s inmate population into smaller, less isolated facilities with understated security and extensive links to outside communities.
These reform efforts were (yet again) outweighed, however, by rising crimes rates, the ascendance of the New Right, and a concomitant turn toward “law-and-order” politics on both the state and national level. Texas’s prisoner population increased dramatically as both Republican and Democratic lawmakers passed stiffer sentencing guidelines and curtailed inmates’ eligibility for parole. These trends spurred a massive prison construction boom, but with the collapse of the control model following the Ruiz decision, the new facilities were increasingly structured less like plantations and more like warehouses that emphasized “confinement, separation, and complete architectural control” (Perkinson, p. 315). As violence against both prisoners and guards increased once more, Texas prisons resorted to extended “administrative segregation” (i.e., solitary confinement) and “super segregation” cell blocks in their efforts to contain not just disruptive inmates, but relatively compliant ones as well.
This recent punitive turn in criminal justice has not been restricted to Texas: rates of incarceration and prison construction have increased sharply in most states over the past three decades, as has the proportion of African American and Latino inmates. Meanwhile, the federal government—particularly under former Texas governor George W. Bush—has displayed a striking commitment to expanded law enforcement, extended sentencing, and more frequent recourse to capital punishment. In Perkinson’s analysis, then, the historical arc of American imprisonment has not bent toward the rehabilitative goals championed most forcefully in northern states like New York. Rather, “the northern prison became more southern rather than the other way around…. If northern prisons once gestured toward freedom and southern penal farms toward bondage, the whole Union is in alignment now, pointing back toward the eternal bifurcations of slavery” (Perkinson, pp. 362-363).
This provocative argument raises serious questions about America’s commitment to the granting of ostensibly inalienable rights to all its citizens, and it suggests that race continues to shape how we approach the protection and violation of human dignity. To be sure, there are moments when Perkinson’s claims overstep the limits of his evidence. I am not convinced that the recent proliferation of prisons in Texas and other parts of the South and wider U.S. can be read as a reaction to the end of Jim Crow and the successes of the civil rights movement. I also doubt that the second Bush administration’s conduct in Guantanamo, Afghanistan, and Iraq can be traced to the practices of southern slavery and imprisonment as neatly as he suggests. Nevertheless, the heart of Perkinson’s argument skillfully outlines disturbing historical linkages between slavery and incarceration without equating these two forms of domination. In the process, he implies that we may need to rethink the relationship that prisoners, especially prisoners of color, have maintained with American citizenship in both the past and present.
On some occasions, incarcerated people have not merely constituted a recognized exception to juridical norms, which nevertheless enjoys “some kind of human equality,” as Hannah Arendt described criminals in The Origins of Totalitarianism (p. 286). Rather, they have formed a social category whose claim to “retain [their] rights over [their] bodies” (p. 444) has been substantially limited by their exposure to forced labor, sexual degradation, and violence that often has not been subject to public scrutiny and political accountability. This point does not imply that prisoners’ experiences can therefore be conflated with those of slaves, stateless persons, or concentration camp inmates, to name only a few of the dominated groups that concerned Arendt in the Origins. But it does suggest that prisoners’ enjoyment of constitutional and human rights cannot be taken for granted, as she seems to presume. It is still an exaggeration, I think, to say that prison inmates live “outside the pale of the law” (p. 277) in Arendt’s understanding of that phrase. But I would also insist that, in all too many instances, they have resided closer to its margins than we may care to admit.
-Jeff Jurgens
The Supreme Court as Truthteller

I spent an exciting day at the College of Arts and Letters at Stevens Institute of Technology. Along with Matthias Bormuth, Morris Kaplan, and our host Michael Steinman, we enjoyed a wide-ranging discussion centering around Hannah Arendt's essay Truth and Politics, but reaching deep into Arendt's thinking about law and politics as well.
Much of the discussion at our seminar discussed the status of the Supreme Court as a truthteller. Arendt saw the great innovation of the American form of government to be the shift of the seat of authority to the Supreme Court. By authority, Arendt means that pre-political claim of obedience that flows from tradition, religion, or possibly from charisma. In Rome authority was located in the Senate, and the Senators
"held their authority because they represented, or rather reincarnated, the ancestors whose only claim to authority in the body politic was precisely that they had founded it, that they were the 'founding fathers'. Through the Roman Senators, the founders of the city of Rome were present..."

In America, authority was vested in the Supreme Court. The Justices, like the Roman Senators, hold their authority because they had no power themselves, since they "'possessed neither Force nor Will but merely judgment.'" The Justices' authority comes not from power, but from their being linked back to the founders as interpreters of the founding moment, thus as a continuation of the constitutional convention in permanent session.
How the Supreme Court and its justices tie themselves back to the founding moment as reincarnations of the founding fathers partakes, of course, of the mysterious. The initial success of the American Constitution resulted from the founders causing the US Constitution to be worshipped. This worship depended upon and allowed an ambiguity to persist in the sense and understanding of the Constitution, on its becoming both ‘an endurable objective thing’, on the one hand, and yet one that could be approached from many angles and many interpretations. It must be amendable and changeable, and yet impervious to any subjective states of mind or influences of will.
The miracle of the Constitution’s foundational authority – it being worshipped as both a text and a continual reincarnation of the founding revolutionary act – is made possible only by a prior miracle – the miracle of beginning. As Arendt argues throughout her work, all men ‘are equipped for the logically paradoxical task of making a new beginning’. As beginners, we men are uniquely capable of understanding the mysterious way in which a beginning can also rest on ancient and unyielding foundations. Since men are themselves, as part of the human condition, beginners who can and do appear in the world to start things anew – since men are thrown into the world that we must respond to – thus are we uniquely open to the idea of finding in the first and foundational act not only an arbitrary deviation but also an authoritative principle.
For men, therefore, the act of beginning anew is not an arbitrary deviation from the foundation. The foundation is in the past, and yet it remains a forceful part of everyday practice. The beginning, Arendt argues, ‘carries its own principle within itself, or, to be more precise, that beginning and principle, principium and principle, are not only related to each other, but are coeval’. As beginners, men are open to the claim of the beginning and foundation as an origin that carries with itself a principle and thus simultaneously allows for augmentation and conservation.
Arendt's locating of authority in the Supreme Court is part and parcel of her respect for the American Constitution and for federalism. The seat of American freedom is, in Arendt's understanding, the diffusion of powers and the refusal of absolute sovereignty in the American system of government.
It is, I think, worth recalling that the present arguments about the Affordable Care Act before the Supreme Court concern precisely this question of federalism. If the Court holds the Act unconstitutional, it will be because we live in a constitutional republic defined by the separation of powers including the division of power between a centralized national government and de-centralized state governments. According to this theory, liberty is best protected by diffusing power. The federal government has the right to regulate commerce. But to hold that people who do not purchase health care are engaged in interstate commerce is to say that the government can regulate anything we do, even non-commercial activities, simply by insisting that we buy something and then calling it commerce. By this theory, the act removes any and all limits on federal power and violates the constitutional idea of the diffusion and separation of powers.
I have no idea what Arendt would have thought of the Affordable Care Act. Clearly the Act is both flawed and ambitious, and it carries both much that is good and some that is less so.

But it does seem undeniable that the Affordable Care Act is a significant expansion of governmental power, both the power of the federal government over the states as well as the power of government over individuals. It confirmation would be another step in the long chain of 20th century cases eroding the separation of powers that Arendt held so important a bulwark for human freedom.
As the debate around the Affordable Care Act rages on, and as the judges retire to their chambers to commune with our ancestors, it is well worth your time to revisit Chapter Four of Hannah Arendt's defense of On Revolution. It is your weekend read. Click here to download.
-RB
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