Hannah Arendt Center for Politics and Humanities
20Oct/140

Amor Mundi 10/19/14

Arendtamormundi

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.

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The American Nightmare

Janet YellenChair of the Federal Reserve Board Janet Yellen made waves this week by giving a speech arguing that the unprecedented rise in income inequality in the U.S. may be incompatible with American values (she should have been a speaker at last week's Arendt Center Conference "The Unmaking of Americans"). The American dream, the idea that all Americans of whatever economic or racial group can succeed through grit and perseverance, may no longer be true, the Federal Reserve Chairwoman admitted. She writes: "The extent of and continuing increase in inequality in the United States greatly concern me. The past several decades have seen the most sustained rise in inequality since the 19th century after more than 40 years of narrowing inequality following the Great Depression. By some estimates, income and wealth inequality are near their highest levels in the past hundred years, much higher than the average during that time span and probably higher than for much of American history before then. It is no secret that the past few decades of widening inequality can be summed up as significant income and wealth gains for those at the very top and stagnant living standards for the majority. I think it is appropriate to ask whether this trend is compatible with values rooted in our nation's history, among them the high value Americans have traditionally placed on equality of opportunity."

An Act of Courage

Harvard UniversityThere is an undeniable and too-often unacknowledged problem with sexual violence on college campuses and in our society at large. Too many women are raped and subjected to unwanted sexual acts or abuse. But instead of having an open discussion about the issue, activists have mobilized an obscure Federal guideline to create an alternative legal system outside to deal with sexual crimes without the protections and transparency of the law. Now a group of Harvard Law School professors is fighting back. They published an op-ed in the Boston Globe in which they "call on the university to withdraw this sexual harassment policy and begin the challenging project of carefully thinking through what substantive and procedural rules would best balance the complex issues involved in addressing sexual conduct and misconduct in our community." As the professors write, in part: "As teachers responsible for educating our students about due process of law, the substantive law governing discrimination and violence, appropriate administrative decision-making, and the rule of law generally, we find the new sexual harassment policy inconsistent with many of the most basic principles we teach. We also find the process by which this policy was decided and imposed on all parts of the university inconsistent with the finest traditions of Harvard University, of faculty governance, and of academic freedom. Among our many concerns are the following: Harvard has adopted procedures for deciding cases of alleged sexual misconduct which lack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required by Title IX law or regulation. Here our concerns include but are not limited to the following: the absence of any adequate opportunity to discover the facts charged and to confront witnesses and present a defense at an adversary hearing; the lodging of the functions of investigation, prosecution, fact-finding, and appellate review in one office, and the fact that that office is itself a Title IX compliance office rather than an entity that could be considered structurally impartial; and the failure to ensure adequate representation for the accused, particularly for students unable to afford representation." 

Parlez-Vous

Malcolm XTa-Nehisi Coates on what it means to communicate well, in a second language, with a native speaker of that language: "I am approaching the end of my third year studying French. This was the first time I'd had a complicated conversation with a native French speaker who I did not know, and managed to follow along. This means more than is immediately apparent. Before I began studying I did not understand that comprehension comes on several levels. It is one thing to understand someone whom you know and speak with regularly. It's still another to understand a stranger. And another still to understand a group of strangers who are talking about something of which you have no knowledge. So this small conversation was a moment for me-like the novice yogi going from bridge to wheel. And there again I felt one of the revelation, the discovery, the neurons firing, stretching, growing."

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Cruel and Unusual

Mass Incarceration on TrialIn a review of Jonathan Simon's Mass Incarceration on Trial, Jessica Pishko points to his understanding of dignity in the law as the source of his optimism for the future of the prison system: "Simon ultimately argues that American society is entering a new age of dignity-based policies, a 'dignity cascade' in his words, based on the Supreme Court's decision in Plata, where Justice Kennedy wrote for the majority, 'Prisoners retain the essence of human dignity.' He traces Kennedy's logic to other Supreme Court decisions that suggest that the Eighth Amendment should be read to protect 'dignity' as an important individual right, albeit one not mentioned in the Constitution. (This is, of course, no real bar, since many well-established rights are not in the Constitution.) Dignity-based policies are an evolution that allows for a broader understanding of the Eighth Amendment, rather than relying on the civil rights arguments of the past. The 1972 Supreme Court case Furman v. Georgia first raised the idea of human dignity as a value worth protecting, something beyond physical sustenance, when it invalidated the death penalty as it existed in every state for being too broad. Justice Brennan wrote in his concurring opinion that the Cruel and Unusual Punishment Clause forbids punishments not just because they are painful but also because 'they treat members of the human race as nonhumans, as objects to be toyed with and discarded.' Dignity-based rulings would allow for invalidation of mass incarceration as a practice because it treats people as cogs in the machine. This is where Simon focuses his efforts - he wants his readers to believe that the problem with current incarceration practices is that they treat inmates as something subhuman, and that this can be stopped. He suggests that American courts look to European laws, which have long held that humans should be treated with dignity even if they have committed crimes." For more, read Roger Berkowitz's essay on "Dignity Jurisprudence."

Not Accepted

reconcileNick Smith considers the state of the public apology, now that it's been taken up by corporations and state institutions: "Once divorced from blame, apologies emerge as a tactical defence. Attorneys can deploy them as what they describes as an 'attitudinal structuring tactic' in order to 'lubricate settlement discussions'. Southwest Airlines in the US employs a full-time 'apology officer' who sends out roughly 20,000 letters - which all include his direct phone number - to dissatisfied customers per year. At best, apologies are now a standard customer satisfaction tool: 'We're sorry for the inconvenience,' but frankly we're not admitting blame nor will we change. At worst, they become wolves in sheep's clothing, preying on a deep-rooted spiritual desire to reconcile."

 Childhood Writ as Beauty and Terror

Tove JanssonSonya Chung takes up the way that author and Moomin cartoonist Tove Jansson considers children, even in her work for adults: "Jansson respected the fine tuning of a child's sensibilities: children know better than anyone - better than they do as adults - that the world is a dangerous, beautiful, terribly alive place. And a place - as in stories like 'The Storm' and 'The Squirrel,' featuring female characters whose conflicts are waged within their own minds - where one must work things out for oneself, often in pained solitude. I knew all this as a lonely child, and when I finally found literature, those truths were reflected back to me, and I found comfort. Am still finding it. And very much so in Jansson. Thankfully, art may be slow, but never too late."

The Exceptionalism of Corruption

American_progressRoger Berkowitz recently gave the opening lecture at the Hannah Arendt Center Conference "The Unmaking of Americans: Are There Still American Ideas Worth Fighting for?" The conference, held at Bard College, included talks by David Bromwich, Anand Girdirhardas, Kennan Ferguson, Jerome Kohn, Ann Lauterbach, Lawrence Lessig, Charles Murray, George Packer, Robert Post, Joan Richardson, Amity Shlaes, Jim Sleeper and Kendall Thomas. You can view the conference in its entirety here. For this week's Weeekend Read, we provide an edited transcript of Berkowitz's speech: "American Exceptionalism: What Are We Fighting For?"

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Featured Events

One Day University Film School Presents: "Robot and Frank" and a Discussion with Roger Berkowitz

Robot and Frank explores the depths of friendship and even love between a robot and a man. Though the film is a comedy, the underlying questions it raises are both timely and serious. What is friendship? Can a machine love? More importantly, what happens when humans fall in love with machines?

Sunday, October 19, 2014

Manhattan Movement and Arts Center, 2:00 pm - 5:00 pm


Yasemin SariLunchtime Talk with Yasemin Sari

An Arendtian Recognitive Politics: "The Right to Have Rights" as a Performance of Visibility

Tuesday, October 28, 2014

The Hannah Arendt Center, 1:30 pm

 

 


humanitiesRediscovering the Humanities: Humanities Advocacy in the Digital Age

The Fall Experimental Humanities Mellon Lecture

Thursday, November 6, 2014

Jim Ottaway Jr. Film Center, 5:00 pm - 7:00 pm


Alexei GloukhovLunchtime Talk with Alexei Gloukhov

Arendt and the Question of Positive Freedom

Tuesday, November 18, 2014

The Hannah Arendt Center, 12:30 pm - 2:00 pm

 

 


From the Arendt Center Blog

This week on the Blog, Jeffrey Champlin explores Arendt's writings on humanity and the models of self-awareness it commonly uses to understand its earthly existence in the Quote of the Week. We observe Hannah Arendt's 108th Birthday. Horace Walpole provides this week's Thoughts on Thinking. In our Video Archives, we look back on a 2011 discussion between Roger Berkowitz and David Matias on the origins of the 2008 financial crisis. We appreciate Arendt's varied note-taking methods in our Library feature. And Roger Berkowitz reflects on American exceptionalism and what we're fighting for in the Weekend Read.

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
8Sep/142

Amor Mundi 9/7/14

Amor Mundi

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.

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Did Eichmann Think?

eichmann_before_jerusalemEichmann Before Jerusalem: The Unexamined Life of a Mass Murderer is the new English translation of Bettina Stangneth's exhaustive history of the life of Adolf Eichmann. Stangneth writes that her book has two aims. The first is "to present all the available material, as well as the challenges that come with it." The second is to engage in a "dialogue with Hannah Arendt, and not simply because I first came to this topic many years ago through Eichmann in Jerusalem." Stangneth traces her interest in Eichmann to Arendt's book, a book that in Stangneth's words "had the courage to form a clear judgment, even at the risk of knowing too little." Her plunge into the depths of Eichmann's soul is an effort to reckon with power and provocation of Arendt's judgment. Stangneth goes to great lengths to praise Arendt in interviews and in her writing, citing Arendt as an inspiration and model for fearless and critical thinking about difficult and horrible events. In the end, however, Stangneth concludes that as brilliant as Arendt's book on the Eichmann trial is, Arendt herself was mistaken in her characterization of Eichmann as banal: "one of the most significant insights to be gained from studying Adolf Eichmann is reflected in Arendt: even someone of average intelligence can induce a highly intelligent person to defeat herself with her own weapon: her desire to see her expectations fulfilled." In other words, Arendt expected Eichmann to be thoughtless; in concluding that he was banal, she was fooled by him. Stangneth's book is the best account of Eichmann the man to appear since Arendt's trial report in 1963. You can read an excerpt here. You can read my account on the Arendt Center blog.

It's All French to Me

franceTa-Nehisi Coates spent the summer in a French immersion program at Middlebury College. In an essay about the experience, he talks about how communicating and reading almost exclusively in French alienated him from the world outside of campus (except, perhaps, the world according to the French), how educational opportunities in America have been traditionally afforded to some and not others, and how the importance of the experience is, in part, discovering something counterintuitive: "One afternoon, I was walking from lunch feeling battered by the language. I started talking with a young master in training. I told her I was having a tough time. She gave me some encouraging words in French from a famous author. I told her I didn't understand. She repeated them. I still didn't understand. She repeated them again. I shook my head, smiled, and walked away mildly frustrated because I understood every word she was saying but could not understand how it fit. It was as though someone had said, 'He her walks swim plus that yesterday the fight.' (This is how French often sounds to me.) The next day, I sat at lunch with her and another young woman. I asked her to spell the quote out for me. I wrote the phrase down. I did not understand. The other young lady explained the function of the pronouns in the sentence. Suddenly I understood-and not just the meaning of the phrase. I understood something about the function of language, why being able to diagram sentences was important, why understanding partitives and collective nouns was important. In my long voyage through this sea of language, that was my first sighting of land. I now knew how much I didn't know. The feeling of discovery and understanding that came from this was incredible. It was the first moment when I thought I might survive the sea."

Corruption in America

teachoutWe are sick of politics, and who can blame us when the only rational conclusion is that getting involved doesn't make a difference? And yet every once in a while someone comes along who is convinced that they can make a difference, that politics can matter again. David Cole writes about Zephyr Teachout and her new book Corruption in America. "Indeed, according to Teachout, corruption is not just Cuomo's-or New York's-problem. It is the most pressing threat that our democracy faces. And the problem, as Teachout sees it, is that those in power refuse to admit it. Just as Cuomo shut down the Moreland Commission's inquiry into corruption, so the Supreme Court, by adopting an ahistorical and improperly narrow view of corruption, has shut down an exploration of the very real threat that unrestricted campaign spending actually poses to our democracy. In Corruption in America, an eloquent, revealing, and sometimes surprising historical inquiry, Teachout convincingly argues that corruption, broadly understood as placing private interests over the public good in public office, is at the root of what ails American democracy. Regulating corruption has been a persistent theme through American history and has bedeviled lawyers, politicians, and political philosophers alike. Everyone agrees that it is a problem, but few can agree on how to define it, much less fight it effectively." Teachout spoke at Bard last week as she prepares for the NY Democratic primary this Tuesday, in which she is challenging Andrew Cuomo. And she will be speaking as well with Lawrence Lessig at the Hannah Arendt Center Conference The Unmaking of Americans in October.

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Teaching Teachers to Think

teachingDaniel Bergner describes Eva Moskowitz as a one-woman tsunami bringing about the drive for educational excellence in New York. "'I thought that as chairwoman of the Education Committee, I could make a difference,' [Moskowitz] said. But labor was too intransigent, the government bureaucracy too cumbersome and entrenched. 'I kept getting more and more narrow: Well, if you can't bring better science or better arts - I held a hearing on toilet paper. I thought, That's going to be a winner, everyone's for toilet paper, surely we can come together. But you couldn't, because the administration denied' that there was a problem. 'I had to go around photographing bathrooms where there wasn't toilet paper. . . . I thought, This is not a system that delivers for children. Kids can't wait till all the policies change. That's going to be another two centuries.'" Moskowitz has created a series of schools in which mostly poor and disadvantaged students test better than students at the best public and private schools. Her technique might surprise: "Above all, there are her exacting standards for the network's adults - the teachers she hires straight from certification programs or after stints with public schools or Teach for America and the administrators who have been promoted from her faculty. It's their intellectual capacity that is her main concern; the training sessions I sat in on this summer were less about teaching teachers to teach than about teaching them to think. I watched Jessica Sie, the associate director of literacy, lead an auditorium full of elementary- and middle-school faculty members in a discussion of the nuances in a short essay from The New Yorker. They wouldn't be using the essay with their students. But Moskowitz wants her faculty to know how to read in the deepest way, so they can model this for their pupils right from the youngest grades, when everyone is discussing 'The Tortoise and the Hare.'"

Indiscriminate Discrimination

discriminationWhile pursuing her Ph.D. at Vanderbilt, Tish Harrison Warren led the Graduate Christian Fellowship-a chapter of InterVarsity Christian Fellowship-until a new policy led her group to be put on probation. Their fault was to require leaders of the group to affirm certain Christian beliefs. She hoped it was all a misunderstanding. "But as I met with other administrators, the tone began to change. The word discrimination began to be used-a lot-specifically in regard to creedal requirements. It was lobbed like a grenade to end all argument. Administrators compared Christian students to 1960s segregationists. I once mustered courage to ask them if they truly thought it was fair to equate racial prejudice with asking Bible study leaders to affirm the Resurrection. The vice chancellor replied, 'Creedal discrimination is still discrimination.' .... The line between good and evil was drawn by two issues: creedal belief and sexual expression. If religious groups required set truths or limited sexual autonomy, they were bad-not just wrong but evil, narrow-minded, and too dangerous to be tolerated on campus. It didn't matter to them if we were politically or racially diverse, if we cared about the environment or built Habitat homes. It didn't matter if our students were top in their fields and some of the kindest, most thoughtful, most compassionate leaders on campus. There was a line in the sand, and we fell on the wrong side of it." All of which leads Warren to ask, with justification, if there is still space for religious organizations in America's universities.

Mooooom! I'm Booooored!

James WardJames Ward, who puts on something called the Boring Conference, talks to conference goers, including a woman who takes photographs of IBM cash registers, another who makes sound recordings of vending machines, and a man who keeps track of his sneezes. Why pay some attention to something so, well, boring? Ward explains: "'How should we take account of, question, describe what happens every day and recurs every day?' asks the French writer Georges Perec in his 1973 essay on the 'infra-ordinary' (his word for everything that's the opposite of 'extraordinary'). Perec challenges us to question the habitual. 'But that's just it, we're habituated to it. We don't question it, it doesn't question us, it doesn't seem to pose a problem, we live it without thinking, as if it carried within it neither question nor answers, as if it weren't the bearer of any information. Perec's point is that everything contains information. It's just that, sometimes, it takes a bit of work to notice it. These days, an audience and a platform can be found for even the most niche interests, as people demonstrate that nothing is truly boring - not if you look at it closely enough.'"

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Featured Events

Kenan MalikLunchtime Talk with Kenan Malik

Details soon to follow.

Wednesday, September 17h, 2014

The Hannah Arendt Center, 12:30 pm

 

 

 

 


congressBard College Public Debate

Resolved: "The fate of the world depends upon the success or failure of America's model of democratic self-government."

Tuesday, October 7th, 2014

Campus Center Multipurpose Room, 7:00 pm - 9:00 pm


conference_14SAVE THE DATE - 2014 FALL CONFERENCE

October 9-10

The Hannah Arendt Center's annual fall conference, The Unmaking of Americans: Are There Still American Values Worth Fighting For?, will be held this year on October 9-10!

Registration is now OPEN! You can register here!

Want to know more about the schedule of the conference? Please click for details here!

Learn more about the conference here.

 

 


From the Arendt Center Blog

This week on the Blog, Richard Barrett discusses scientific and philosophic truth in the Quote of the Week. French philosopher Henri Bergson provides this week's Thoughts on Thinking. We look back on a Lunchtime Talk with Ory Amitay on the nature and history of monotheism in our Video Archives. We celebrate the return of our Library feature with a visit to the Hannah Arendt Library at Bard College. Roger Berkowitz addresses some of the common critiques leveled against Eichmann in Jerusalem in the Weekend Read. And as a special treat, Roger Berkowitz discusses Bettina Stangneth's Eichmann Before Jerusalem: The Unexamined Life of a Mass Murderer.

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
28Apr/140

Amor Mundi 4/27/14

Arendtamormundi

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.

Race, Democracy and the Constitution

421Looking 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.

The Sanctification of A Christian Pope

422Pope 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.

The Human Factor—Hannah Arendt

423Taking 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.

 

 

Make Work

424Patricia 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.

Geopolitics Strikes Back

425"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.

The Mundane's Beautiful Due

426On 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."

Killing Hamlet, Skipping Lear

427On 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."

Post-SAT

428Eric 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.

From The Hannah Arendt Center Blog

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.

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
26Apr/140

Race, Democracy, and the Constitution

ArendtWeekendReading

 

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.

-RB

Roger Berkowitz
Roger Berkowitz is Associate Professor of Political Studies and Human Rights at Bard College, and Academic Director of the Hannah Arendt Center for Politics and the Humanities. He is also the author of "Gift of Science: Leibiniz and the Modern Legal Tradition", as well as co-editor of "Thinking in Dark Times: Hannah Arendt on Ethics and Politics".
26Feb/140

Politics Beyond Councils: Arendt, Recognition, and Feminism

Arendtiana

Marieke Borren, “Feminism as Revolutionary Practice: From Justice and the Politics of Recognition to Freedom”

Hypatia vol. 28, no. 1 (Winter 2013)

One of the broader appeals of feminism for critical thinking today derives from its focus on specificity. In their focus on embodiment, in the narrower and wider sense, the best feminist writers offer a productive complement to postmodern critiques of subjectivity based on the power of superstructures. The relationship is rarely peaceful, and, in its essentialist guise, insistence on identity of any kind seems to merely push back against the power of structures rather than engaging it. Borren turns to Arendt to propose a definition of freedom and action that may assist minority political movements such as feminism reach specific goals related to identity, but does not require a agreement on the commonalities of the actors.

Borren's article has two main proposals. First, against the general trend of feminist criticism, she defends Arendt's division between the social and the political. Second, she identifies aspects of Arendt's celebration of the council system in On Revolution that she sees as having a wider application.

on

If first wave feminism focused on gender equality (in terms of equal rights), second wave feminism emphasized difference, not only between genders, but within feminism itself. Borren highlights the importance of recognition for this group, which she specifies as the need to be acknowledged as one of a group that a person self-identifies. In response to this idea, she reminds us that Arendt was not concerned with “what” people are as (essentialist) groups, but “who” they are individuals. In defining justice not in terms of recognition, but freedom, she sees a feminist contribution from Arendt. To this extent she defends the separation of the realm of the social from the realm of action as far as the definition of politics is concerned, since the social stands for “behavior guided by rules and norms” as opposed to unexpected action. Still, Borren argues that action can nonetheless act on social questions such as the economy or discrimination. The important point is that for Arendt “difference is not opposed to equality but […] they mutually presuppose each other” (203). Equality in this sense is not the presupposition of action but arises only upon entrance to a group that will act.

In her analysis of Arendt's writing on the councils, Borren highlights that the councils acted directly (without structures of parliamentary representation), for concrete goals, and for short periods of time. She sees these aspects of the council system as illustrative for action by what she calls “extra-parliamentary” groups and “voluntary associations,” by which she means activist and civic organizations. They approach a common problem in a limited frame of space and time, and this action is itself the focus rather than the search for a basis of common qualities for the group. Although questions of identity may be at stake, the focus is on “the world to which we relate from plural perspectives” (202).

This description of action help Borren describe the early stages of first wave (equality) and second wave (difference) feminism in terms of “spontaneous emergence” and “associative action” (207). She even points to a possible “third wave feminism” in the culture movements around 1990s - ”Riot Grrrl” punk. Toward the end of the article, Borren pushes hard on the fact that “freedom in the Arendtian sense does not refer to freedom of choice or freedom of will, but to contingency, to the inherent spontaneity and unpredictability of action and speech and to newness” (210). Her formulation here is accurate, but at this point the connection to feminism as such falters.

-Jeffrey Champlin

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
28Oct/130

Revolutions

Arendtquote

“When the Revolution [sic] devoured its own children like Saturn and was like a gigantic Lava [sic] stream on whose surface the actors were born [sic] along for a while, only to be sucked away by the undertow of an undercurrent mightier than they themselves.”

-Hannah Arendt, "Revolutions - Spurious and Genuine" (unpublished)

This quote, whose telling typos will be addressed below, is from an unpublished typescript by Hannah Arendt, written for a lecture in Chicago in May 1964, titled “Revolutions – Spurious and Genuine”. The first lines read: “Not my title. I would hesitate to distinguish.” While Arendt rejects the suggested binary definition, her talk offers different sets of distinctions:

First, modern revolutions like the French or the American Revolution imply a change that is radical enough to be experienced as an entirely new beginning. A new beginning that no one can escape, because it affects “the whole fabric of government and/or society.” This call for radical change doesn’t just protest bad government. Citizens who are in the streets for a revolution don’t limit themselves to complaining, “We are badly ruled,” but they claim, “We wish to rule ourselves.” The revolutions in Eastern Europe in 1989-1990, and most recently the revolutionary events in Egypt and other countries of the Middle East are probably the most prominent events of this kind in contemporary history. At the time of Arendt’s talk, the Cuban Revolution was the most recent example: she thought it was primarily a coup d’état, yet “most certainly” a revolution.

revolution

Second, Arendt distinguishes between social and political upheavals – a distinction we know from her book “On Revolution,” published one year before the lecture in Chicago. Revolutions like those in France in 1789, or Russia in 1905, came to be primarily about the abolition of social misery and inequality, while the American Revolution, for instance, was about building political liberty, according to Arendt. This section of the paper is one of the rare occasions in Arendt’s work where she also addresses America’s “hidden social question,” i.e. the “institution of slavery” and its aftermath. Arendt is puzzled that America’s extremely mobile society and economy resisted change, keeping African-Americans stuck at the bottom of society while many – often poor – immigrants were easily absorbed. Does the civil rights movement call for a revolution in response to this turmoil? No, Arendt says, for it doesn’t claim to change the whole fabric of the society; rather, it is fighting for access to this society. There is a revolutionary aspect to the movement’s political fight “against those laws and ordinances of states which are openly discriminatory,” Arendt remarks, but changing the “whole fabric” isn’t on this agenda either, for the civil rights movement had the Federal government on its side.

In the final section of her talk, Arendt returns to the initially rejected distinction between spurious and genuine – because she does think it is productive when we ask, “Who are the revolutionists?”

On the one hand, there is the concept of a founder, originating in the American Revolution: “a kind of architect” who builds a house that provides stability because those who inhabit it are fleeting, they come and go. “Freedom needs a space to be manifest,” Arendt notes, continuing: the “more stable a body politic is, the more freedom will be possible within it.” Whether the process of life housed by this founder is ruled by the law of progress or not, is secondary.

Yet the concept of progress is still central to how we usually conceive of politics. The conservatives tend to be against it, the liberals tend to be for it up to a certain degree. The revolutionists, however, believe in it, and they believe that true progress requires violence. They’ve been holding this belief with and since Marx, Arendt recalls, with whom she competes for the metaphor of “birth.” Whereas for Marx the pangs of birth must accompany every meaningful political development, for Arendt birth manifests the human capacity for a totally new beginning.

The metaphors of infinite progress as an infinite process “were all born … during the French Revolution,” Arendt notes. They were born, when not only the Jacobins around Robespierre, who represents the cruelties of the rule of “terreur,” but also the slightly more moderate Girondists around Danton had lost control:

“When the Revolution [sic] devoured its own children like Saturn and was like a gigantic Lava [sic] stream on whose surface the actors were born[e] [sic] along for a while, only to be sucked away by the undertow of an undercurrent mightier than they themselves.”

The typos in this passage are maybe the most telling signs of Arendt’s deep struggle with this concept of progress. By having the actors being “born” instead of “borne” on the stream of revolution, she not only conflates the two Marxian ideas of unstoppable progress that necessarily comes with the pangs of birth, but also inscribes her critique into Marx’s concept by allowing the possible reading of actors being born – in Arendt’s sense of an individual new beginning within plurality – upon this process. Marx’s idea of the swimmer “controlling” the stream of history in Arendt’s eyes is an illusion, as she noted in her Thinking Diary. In the face of the atrocities of the 20th century the question would rather be “how to avoid swimming in the stream at all.”

The undercurrents of Arendt’s typos reveal that her debate with Marx, despite the fact that the lecture is written in English, is simultaneously pursued in German – their shared native language. Arendt capitalizes “Revolution” like a German noun; she did the same earlier in the paragraph with “Progress,” and she does it again with the gigantic stream of “Lava.” (I’ve outlined the significance of the “plurality of languages” in Arendt’s political writing and thinking in a different “Quote of the Week” you can read here.)

Here, I’d like to show in conclusion how Arendt through the German resonances in her talk subtly invites a poet into her conversation on revolution. “The revolution devours its own children” has become a common expression, but the way in which Arendt quotes it “like Saturn” translates exactly the wording from Georg Büchner’s pivotal play Danton’s Death. Arendt’s private German copy of the play is marked up in interesting ways. Among the sentences she underlined is for example Danton’s “We didn’t make the revolution, the revolution made us,” which reflects upon the intricacies of agency and intellectual leadership in political turmoil. A sentence many intellectuals — even some of Arendt’s friends — were painfully oblivious to during the “National Revolution” of 1933, which troubled her for decades.

arejdt

We revolutionaries are “no more cruel than nature, or the age we live in,” says St. Just, Robespierre’s hitman, whose name literally means Saint Justice, in a passage from Danton’s Death that Arendt also marked: “Nature follows her own laws, calmly, irresistibly; man is destroyed wherever he comes into conflict with them.”

Büchner’s dialogs are largely based on historical sources from the French Revolution. They flesh out Arendt’s fine allusions e.g. to the fatal might of tropes like “the stream.” “Is it so surprising,” St. Just asks in the same passage Arendt marked, “that at each new turn the raging torrent of the revolution disgorges its quantum of corpses?” Echoing Marx’ metaphor of the irresistible stream of history and progress, Arendt is mindful of the date where these thoughts found their form.

Speaking of being mindful of dates – only a few days ago, on October 18th, Georg Büchner’s 200th anniversary was celebrated.

(The full document of Arendt’s lecture in Chicago will soon be published on www.hannaharendt.net)

-Thomas Wild

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
2Aug/132

The Decline of the Jury Trial

ArendtWeekendReading

The jury trial is, as Alexis de Tocqueville understood, one essential incubator of American democracy. The jury trial is the only space in which most people will ever be forced to sit in judgment of their fellow citizens and declare them innocent or guilty; or, in a civil trial, to judge whether one party’s wrong requires compensation. The experience of being a juror, Tocqueville saw, inculcates in all citizens the habits of mind of the judge; it “spreads to all classes respect for the thing judged and the idea of right.” Juries, he wrote, are “one of the most efficacious means society can make use of for the education of the people.”

If the experience of sitting in judgment as a juror is a bulwark of our democratic freedoms, we should be worried. As Albert W. Dzur writes, the jury trial, once the “standard way Americans handled criminal cases,” is now largely absent from the legal system. The jury trial “has been supplanted by plea agreements, settlements, summary judgments, and other non-trial forums that are usually more efficient and cost-effective in the short term. In addition to cost and efficiency, justice officials worry about juror competence in the face of scientific and technical evidence and expert testimony, further diminishing the opportunity for everyday people to serve.”

juryheads

Dzur offers a clear case for the disappearance of the jury trial:

[J]uries in the United States today hear a small fraction of cases. In 2005 the Bureau of Justice Statistics reported that juries heard 4 percent of all alleged criminal offenses brought before federal courts. State courts match this trend. Legal scholars Brian J. Ostrom, Shauna M. Strickland, and Paula L. Hannaford-Agor discovered a 15 percent decline in total criminal jury trials in state courts over the last 30 years, compared with a 10 percent decline in criminal bench trials, in which a judge issues the verdict. They also found a 44 percent decline in civil jury trials compared with a 21 percent decline in civil bench trials.

So what does the retreat of Jury trials signify? For Dzur, the answer is that the jury system is an important part of our justice system because it performs a “constructive moral function,” by which he means that juries “force widespread sobriety about the real world of law and order.” Juries can challenge “official and lay attitudes regarding the law. This sobering quality of juries is particularly needed now.” Here is how Dzur characterizes more fully the “sobering quality of juries”:

A juror treats human beings attentively even while embedded within an institution that privileges rationalized procedures. Not advocates, prosecutors, or judges, jurors are independent of court processes and organizational norms while also being charged with judicial responsibility of the highest order. Their presence helps close the social distance between the parties and the court. The juror, who contributes to what is a political, juridical, and moral decision, becomes attuned to others in a way that triggers responsibility for them. Burns notes how jurors’ “intense encounter with the evidence” helps them engage in self-criticism of the “overgeneralized scripts” about crime and criminal offenders they may have brought with them into the courtroom.

In other words, juries are institutional spaces where citizens have the time to attentively consider fundamental moral and legal questions outside of the limelight and sequestered from public opinion, government pressure, and the media circus. Since juries are the institutions where we practice moral judgment, Dzur argues that the loss of juries means that “we are out of practice. Lay citizens no longer have opportunities to play decisive roles in our justice system.”

The recent jury decision in the George Zimmerman case is an example of a jury resisting popular calls for guilt and making a sober judgment that the facts of the case were simply not proven beyond a reasonable doubt. Juries can also resist the government, as might happen if Edward Snowden would return to the United States and put himself on trial before a jury. Such a jury could, and very well might, exonerate Snowden, exercising its fundamental right of jury nullification in the interest of justice. Snowden’s refusal to return is, in some part, a result of the diminished practice of moral judgment reflected in the diminishment of the jury.

snow

Jury judgments are at times surprising and can, in extraordinary cases, go against the letter of the law.  But the unpredictability of jury verdicts makes them neither irrational nor thoughtless. They are often intolerant and unfair, but this makes them neither racist nor unjust. Amidst the unquestioned hatred of all discrimination, we have forgotten that discrimination, the art of making relevant distinctions, is actually the root of judging. In our passion for rationality and fairness, we sacrifice judgment, and with judgment, we abandon our sense of justice.

What acts of judgment exemplified by juries offer are an ideal of justice beyond the law. Plato called it the idea of the good. Kant named it the categorical imperative. Arendt thought that judgment appealed to common sense, “that sense which fits us into a community with others.” What all three understood is that if morality and a life lived together with others is to persist, we need judgments that would invoke and actualize that common moral sense, that would keep alive the sense of justice.

For your weekend read, take a look at Dzur’s report on the loss of the juries. Also, you might revisit my own essay on this theme, “Why We Must Judge,” originally published in Democracy: A Journal of Ideas.

-RB

Roger Berkowitz
Roger Berkowitz is Associate Professor of Political Studies and Human Rights at Bard College, and Academic Director of the Hannah Arendt Center for Politics and the Humanities. He is also the author of "Gift of Science: Leibiniz and the Modern Legal Tradition", as well as co-editor of "Thinking in Dark Times: Hannah Arendt on Ethics and Politics".
8Apr/130

“The Kings of Roma”

FromtheArendtCenter

The New York Times recently ran an article about a Roma/Gypsy community from my country, Romania. I am Roma, and currently a visiting scholar at the Hannah Arendt Center studying Hannah Arendt’s understanding of Jewish identity and its relevance for making sense of the Roma experience. In this context, the NY Times story is surprising. It is not the typical story of Roma/Gypsies who are subject to expulsion, human rights violations, migration and poverty. On the contrary, it covers wealthy Roma who live in houses that look like palaces. No wonder the NYT entitled the article “The Kings of Roma.” I once visited such a house in this community, and I looked at it then the way I look at the photos in the article now: with awe and fascination. And that $ sign at the end of the stairways? Boy, it takes a lot of courage (and desire to show off wealth) to place it right in the heart of one’s mansion. If the law of attraction really works, they will continue to “attract” more and more $$$.

Karla Gaschet & Ivan Kashinsky for The New York Times.

Karla Gaschet & Ivan Kashinsky for The New York Times.

I didn’t grow up in such a mansion, but neither did I lack housing, as many Roma still do. Rather, I lived in an average sized Romanian house. My family strived to be part of society and valued education. When I was as teenager, my parents didn’t debate whom I should marry, but rather how to afford private tutoring so I could better prepare for college admission. We Roma (as is the case with many other ethnic groups), although we share the same ethnicity, don’t necessarily share a sense of identity, values or traditions., as we ourselves learned from the very different lifestyles among Roma, even within the same region.

The NY Times article presents a different story about Roma than the usual “poverty - discrimination - petty criminality - expulsion” cycle; I like that. I welcome the possibility for a new, more nuanced narrative on Roma issues in the international media. I also cannot help but see the artistic value of the photos that accompany the piece —they remind me of Kusturica’s masterpiece “Time of the Gypsies,” or the poetic image of the Russian movie, “The Queen of the Gypsies.” But perhaps most important of all, I like it because it presents Roma who, in their peculiar and entrepreneurial way, managed to “rise above.”

Hannah Arendt addresses the "rising above" phenomenon in her book Rahel Varnhagen, referring to Jewish individuals: "They [the Jews] understood only one thing: that the past clung inexorably to them as a collective 'group; that they could only shake it off as individuals. The tricks employed by individuals became subtler, individual ways out more numerous, as the personal problem grew more intense; the Jews become psychologically more sophisticated and socially more ingenious."

Whether Jewish, Roma or members of other marginalized groups, such people are forced by the difficulty of their situation to “become psychologically more sophisticated and socially more ingenious.” One Roma man said in the NYT story that after Communism fell “one has to be dumb not to make money?” Some Roma have striven to rise above by accumulating wealth (as the subjects of this article); others by achieving social status and/or accessing a high-class education (such as yours truly). But, while having different approaches, they all enact the same phenomenon: today more and more Roma strive to develop and struggle to overcome their poor and stigmatized condition.

-Cristiana Grigore

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
25Mar/131

Forgiveness

Arendtquote

Trespassing is an everyday occurrence which is in the very nature of action’s constant establishment of new relationships within a web of relations, and it needs forgiving, dismissing in order to go on by constantly releasing men from what they have done unknowingly.  Only through this constant mutual release from what they do can men remain free agents, only by constant willingness to change their minds and start again can they be trusted with so great a power as that to begin something new.

—Hannah Arendt, The Human Condition

In The Human Condition, Hannah Arendt relates Augustine’s Christian concept of forgiveness to human action and agency. Forgiveness solves an important problem inherent to the activity of action. Since “men never have been and never will be able to undo or even control reliably any of the processes they start through action,” human beings are met with the disabling reality of processes whose outcomes are both unpredictable and irreversible. Knowing that our actions may lead to evil or unhappiness, why would anyone take the risk of action at all?  Remarkably, Arendt finds the remedy to this predicament within the faculty of action itself. The antidote for irreversibility is forgiveness, which "serves to undo the deeds of the past" by releasing actors from the consequences of their actions.

forgive

The beauty of forgiveness is that it interrupts otherwise automatic processes. For example, forgiveness enables actors to become freed from vengeance, “which encloses both doer and sufferer in the relentless automatism of the action process, which by itself need never come to an end.” Within the space created by the interruption, forgiveness creates a new relationship that is radically different from what existed before.

As something startlingly new, forgiveness is not conditioned by the wrong that provokes it and it can therefore never be predicted. Arendt admits as much. She explains, “forgiving, in other words, is the only reaction which does not merely re-act but acts anew and unexpectedly.”  Released from vengeful reactions, I can act in ways that are not predetermined or compelled by another's trespasses against me. In this sense, forgiveness is an unanticipated, uncaused and undetermined act; is it truly spontaneous. Arendtian forgiveness seems to take on a metaphysical stature; it appears to be able to change the nature of reality, undoing the irreversible. It acts against necessity, undoing what was done by releasing the doer from the deed.

In the last 60 years, notably in tribunals and reconciliation commissions characteristic of transitional justice, forgiveness has become a political and legal ideal in cases where massive moral injury threatens to extinguish human plurality and dignity. Seen as a willingness to continually participate in an imperfect world with civility, those willing to forgive demonstrate the ability to begin again not only despite the social facts of moral injury and misrecognition, but as Arendt teaches, also despite ontological facts of irreversibility, contingency, and unpredictability. Forgiving victims who are able to respond creatively rather than vindictively are said to escape the vicious cycle of violence and exemplify their moral agency.

What does forgiveness really do as a political tool? Arendt's forgiveness responds creatively to the fact of injury. What I’d like to suggest is that Arendt understands forgiveness as a cure for the irreversibility of action, not of violence. Unlike many contemporary (theological and secular) political views that see forgiveness as an act of compassion in response to atrocity, Arendt insists that forgiveness is an activity of politics.

Understood politically, forgiveness is about surviving these effects of irreversibility. Because linear time shapes human experience, irreversibility is unavoidable. Taking aim at what cannot be undone, forgiveness releases actors from what would otherwise become a mechanistic or routinized cycle of retaliation.

reverse

Arendt describes forgiveness as the act of constantly releasing the wrongdoer. Quoting Luke 17:3-4, she says “And if he trespass against thee…and…turn again to thee, saying, I repent; thou shalt release him.” If the wrongdoer shows signs of contrition or transformation, he should be released from the trespass.

In his essay about Arendt’s judgment of Eichmann, Roger Berkowitz argues that Arendt adopts the language of release or dismissal (which I find very similar to Nietzsche's understanding of forgetting) in order to characterize the action of forgiveness, a move that greatly limits the scope or reach of forgiveness. Berkowitz explains,

Arendt critically limits the province of forgiveness to minor trespasses… As she notes, the Greek word in the Gospels traditionally translated as “forgiveness” is aphienai, which Arendt suggests means to “dismiss” and “release” rather than “forgive.” As a release, Arendt’s defense of forgiveness does not reach the forgiving of crimes and sins. Instead, forgiveness is limited to the “constant mutual release” that allows men to continue to act in the world.

People can release each other, but the capacity as denoted by the original Greek amounts to dismissal rather than pardon or exoneration.

Whereas forgiveness releases, its opposite, vengeance, binds people to the past crime and to the process of reaction. Vengeance, unlike forgiveness, is not creative of new possibilities for action. Instead, it “acts in the form of re-acting against an original trespassing, whereby far from putting an end to the consequences of the first misdeed, everybody remains bound to the process. But note that it is the deterministic character that threatens the sphere of action and which morphs a trespass into an unforgiveable crime. The magnitude of the crime is a necessary, but not sufficient condition for crimes against plurality.

Unlike the common imperialist tactic of legalized discrimination, Arendt explains in Eichmann in Jerusalem that war crimes committed by totalitarianism gave rise to the unprecedented:

It was when the Nazi regime declared that the German people not only were unwilling to have any Jews in Germany but wished to make the entire Jewish people disappear from the face of the earth that the new crime, the crime against humanity—in the sense of a crime “against human status,” or against the very nature of mankind—appeared.

She continues,

Expulsion and genocide must remain distinct; the former is an offense against fellow-nations, whereas the latter is an attack upon human diversity as such, that is, upon a characteristic of the ‘human status’ without which the very worlds ‘mankind’ or ‘humanity’ would be devoid of meaning.

Arendt described such actions as those which “transcend the realm of human affairs and the potentialities of human power, both of which they radically destroy wherever they make their appearance.” Eichmann’s actions destroyed human potentiality. Arendt cannot forgive such crimes.

eichmn

This is our first clue that the offences to which forgiveness responds are within the reach of dismissal, whereas crimes against the human status are not. Moreover, forgiveness releases those who "unknowingly" transgressed. The predicament of action is that people cannot know the consequences of their actions (action is unpredictable). When the act is intended to harm, the law calls for punishment. It would be a mistake therefore to think that Arendtian forgiveness is intended to cure anything outside the realm of action.

It is a striking absence that Arendt did not refer to the concept of forgiveness as it is developed in the Human Condition in her decision in Eichmann in Jerusalem. And yet Arendt wasn't attempting to create a complete system of concepts across her work. As her views changed, her concepts also shifted. But having the limits of Arendt's forgiveness in mind can, I think, nonetheless help us understand her judgment against Eichmann. Because Eichmann’s decisions and rule following annihilated spontaneity and plurality, he cannot be released from his deeds.

-Grace Hunt

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
26Feb/135

The Politics of Intimacy

In an era defined by pervasive mass mediation, what role might intimacy—a relation of closeness and familiarity with another person—play in the realm of politics? Most of us are familiar with the town hall meetings, living-room campaign events, and other highly publicized yet simultaneously face-to-face interactions that now play a prominent role in this country’s electoral campaigns. Most of us also recognize the ways that Obama and other recent Presidents have presented the nation with stories of individual tribulation in order to “give a human face” to the sub-prime mortgage crisis, the spiraling costs of health care, or the most recent school shooting. To be sure, cynics might argue that political figures stage such moments of (supposed) intimacy merely to evoke and harness constituents’ sentiments in the service of their policies—or to lend themselves an air of human approachability. There is probably some truth in these claims. But I believe such skepticism also underestimates the varied motives that prompt leaders to mobilize the rhetoric of intimacy. It also skirts the diverse reasons why ordinary citizens might seek out—or refuse—those leaders’ expressions of empathy and solidarity.

I was led to these reflections by last week’s meeting between German Federal President Joachim Gauck and the relatives of the ten people murdered by the National Socialist Underground, or NSU, between 2000 and 2007. The NSU was a small but committed group of violent neo-Nazis that initially coalesced in Jena, a university town in the former East Germany, over the course of the 1990s. In the years that followed, the NSU’s core members ranged across the Federal Republic of Germany to target and fatally shoot nine small business owners of migrant backgrounds (eight of them Turkish, one of them Greek). They also shot two police officers, one of whom later died of her injuries, and injured twenty-three additional people in two separate bombings.

The NSU managed to evade detection and arrest for years due to competition between German law enforcement and security agencies, structural barriers to communication, and the evident negligence of investigators on the local, state, and national levels. Perhaps most egregiously, the Federal Office of Constitutional Protection sought to avoid public scrutiny and censure of its actions in late 2011 by deliberately destroying files that documented its long-standing contacts with another right extremist group closely related to the NSU. During these years of bungling, many of those in law enforcement and public security failed to take the possibility of right-wing political violence seriously. Instead, investigators long operated on the premise that the victims had died at the hands of relatives, drug dealers, or other criminals in the underground immigrant milieu. In this manner, law enforcement officials wittingly or unwittingly bought into reductive stereotypes that link people of migrant backgrounds with violence and crime.

On February 18th, Federal President Gauck invited the victims’ families to his offices in Berlin to express his commitment to the full investigation of the murders and the institutional shortcomings that failed to prevent them. This meeting was a particularly delicate one for Gauck since he has struggled to strike a consistent and publicly palatable tone on matters of immigration. In 2010 he awkwardly defended the anti-immigrant populist Thilo Sarrazin and his book Deutschland schafft sich ab, and later that same year he distanced himself from former Federal President Christian Wulff’s claim that “Islam belongs to Germany.” Gauck also appeared distinctly ill at ease during an earlier memorial gathering with the victims’ families in 2012. On the whole, Gauck’s public statements have tended to emphasize the “foreignness” of Muslims and post-war migrants, not their integral and self-evident membership in German national life.

Perhaps in response to his earlier public statements, last week Gauck promised the families that he would invest his full “personal involvement” in the ongoing government-led inquiry. This striking formulation implied a level of engagement on his part that extended beyond the strictly “professional” concern that might be expected of him as Germany’s Federal President. In addition, Gauck insisted ahead of the meeting that it would be small in scale and familiar in tone, and members of the press would not be allowed to attend the proceedings. These conditions would allow him, he contended, to hold personal and private conversations with all of the attendees. In short, Gauck set considerable store in interpersonal intimacy as a means to engage with the surviving family members, acknowledge their loss and mistreatment, and restore at least some of their confidence in German legal and political institutions. He probably also hoped to rehabilitate his own public image to some degree, but I suspect that this motive was not the overriding one during this particular meeting.

Many of the surviving family members accepted Gauck’s invitation, and several of the seventy total attendees contributed in their own fashion to this performance of political intimacy. Ismail Yozgat, father of murder victim Halil Yozgat, arrived with a photograph of his son as a six-year-old hung around his neck, and when he tearfully called on state authorities to “give me my son back,” Gauck wrapped his arm around his shoulders.

But many of the other attendees pointedly refused to speak at length with the Federal President, and some later expressed irritation that Gauck had not lingered with them, but had instead departed promptly at 2 p.m. to attend to other business. Others were troubled by the fact that Gauck had shared his opening remarks with media representatives rather than reserving them for the families alone. And still others had not accepted the Federal President’s invitation at all and remained distant from the gathering. One family worried that the group would actually be too large for Gauck to have a personal conversation with them. A few others, meanwhile, justified their absence on the grounds that the Federal President’s office had not honored their requests for their lawyers to be present. In the words of Angela Wierig, representative for Ayşen Taşköprü: “true empathy would have recognized that my client would have liked me by her side.”

In short, the families of the NSU murder victims were well aware of the intimacy that Gauck had hoped to invest and mobilize in their meeting with him, and they negotiated his framing of the event in diverse ways. While some consented to the terms of Gauck’s invitation, others detected a distinct lack of sincerity in his proclaimed “personal involvement.” Others feared that the gathering would not in fact be intimate enough, while still others refused the offer of intimacy and instead sought to place the meeting on a squarely legalistic, guarded, even confrontational footing.

All of these responses point to the ways that human closeness is not an inevitable or natural state of affairs, but rather a contingent condition that can only fashioned amid varied and often trying circumstances. Moreover, they suggest that intimacy may not be the only or even the best means to redress moments of pain, injustice, and mistrust.

For no small number of the people affected by the NSU murders, rigorous accountability for law enforcement incompetence—not offers of solidarity from the Federal President—offered the most promising route forward.

-Jeff Jurgens

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
9Nov/120

A Milestone Election

The re-election of Barack Obama is a milestone. Barack Obama will always be remembered as the first black President of the United States. He will now also be remembered as the first black two-term President, one who was re-elected in spite of nearly 8% unemployment and a feeling of deep unease in society. He is the black President who was re-elected because he seemed, to most Americans, more presidential, more trustworthy, and more likable than his opponent—a white, Mormon, representative of the business elite. Whatever you want to say about this election, it is difficult to deny that the racial politics of the United States have now changed.

President Obama's re-election victory and his distinguished service have made the country a better place. The dream of America as a land of equality and the dream that our people will not be judged by the color of their skin but by the content of their character—these dreams, while not realized, are closer to being realized today because of Barack Obama's presidency and his re-election.

There are some who don't see it that way. There is a map going around comparing the 2012 electoral college vote to the civil war map. It is striking, and it shows with pictorial clarity, that the Republic strongholds today are nearly identically matched with the states of the Confederacy 150 years ago. For some, this is an indictment not only of the Republican Party, but also of the United States. The argument made on Facebook and beyond is that the country is still deeply divided racially; that this election brought out the deep-seated racism underlying the country.

Election Results 2012

 

There is also the fact that Twitter apparently was awash in profoundly racist commentary after the election. According to the blog Floating Sheep, the worst of the racist commentary was concentrated in states that Mitt Romney won. Mississippi and Alabama were the states with the largest number of racist tweets on election night.

This could be evidence of a real racial problem. But I don't see it that way. Of course there are some people who are less trusting of a black President. But around the country, voters approved gay marriage, Latinos voted in record numbers, women swept into office, and we re-elected a black President to a second term. To see this election as a confirmation of racist intransigence is overly pessimistic.

Yes, Mitt Romney won the white vote, but he received 59% of the white vote; not exactly a landslide given that the country has real problems. Among white voters over 65, Romney received 61% of the vote. But among white voters under 29, he received only 51% of the vote, a sure sign of things to come. And the white vote was only 72% of the national vote, a record low. As David Simon writes in "Barack Obama and the Death of Normal":

The country is changing. And this may be the last election in which anyone but a fool tries to play — on a national level, at least — the cards of racial exclusion, of immigrant fear, of the patronization of women and hegemony over their bodies, of self-righteous discrimination against homosexuals. ... This election marks a moment in which the racial and social hierarchy of America is upended forever. No longer will it mean more politically to be a white male than to be anything else. Evolve, or don’t. Swallow your resentments, or don’t. But the votes are going to be counted, more of them with each election. Arizona will soon be in play. And in a few cycles, even Texas. And those wishing to hold national office in these United States will find it increasingly useless to argue for normal, to attempt to play one minority against each other, to turn pluralities against the feared “other” of gays, or blacks, or immigrants, or, incredibly in this election cycle, our very wives and lovers and daughters, fellow citizens who demand to control their own bodies.

This is all good news.

And yet, we should not celebrate too loudly. Race still matters in these United States. How it does and why is changing, and will continue to change.

Amidst the progress, one fact remains stubbornly true: black Americans still lag behind white Americans in metrics of education, employment, income, and success. Nearly 5% of black men are in prison in the United States, compared to 1.8% of Hispanic men and .7% of white men.

More than 70% of babies born to black mothers are born out-of-wedlock. When looked at honestly, the problem with race in this country remains stark. It is too big a problem to be swept under the carpet.

And yet that is what is happening. The Obama Presidency has not been kind to blacks. Here is how Frederick C. Harris puts it in the New York Times before the election:

[F]or those who had seen in President Obama’s election the culmination of four centuries of black hopes and aspirations and the realization of the Rev. Dr. Martin Luther King Jr.’s vision of a “beloved community,” the last four years must be reckoned a disappointment. Whether it ends in 2013 or 2017, the Obama presidency has already marked the decline, rather than the pinnacle, of a political vision centered on challenging racial inequality. The tragedy is that black elites — from intellectuals and civil rights leaders to politicians and clergy members — have acquiesced to this decline, seeing it as the necessary price for the pride and satisfaction of having a black family in the White House.

Walter Russell Mead makes a similar point in a rich essay published in The American Interest over the summer. He writes:

Many hoped that the election of the first African-American President of the United States meant a decisive turn in the long and troubled history of race relations in the United States. And indeed President Obama’s election was a signal success for the American racial settlement of the 1970s. But at the moment of its greatest success, that settlement—call it the Compromise of 1977—was beginning to unravel, as evidenced by the fact that President Obama’s nearly four years in office to date have witnessed decades of economic progress and rising political power in black America shifting into reverse.

The housing bubble and its crash have disproportionately impacted black and Latino Americans, who most recently achieved the dream of home ownership. And the loss of jobs in manufacturing and public unions have disproportionately impacted blacks, since these were important routes through which black Americans have entered the middle class. The results for blacks in this country are harrowing. As Mead reports:

Black unemployment under President Obama hit 16.2 percent (June 2011). The median net worth of black households collapsed, falling by 59 percent between 2005 and 2010, wiping out twenty years of progress and plunging to levels not seen since Ronald Reagan’s first term. By comparison, the net worth of white households only fell by 18 percent from 2005 to 2010. The gap between black and white net worth doubled during the Great Recession, and the “wealth gap” between the races rose; the median white household had 22 times the net worth of the median black household. Moreover, the damage to black prospects will not soon be repaired. Indeed, if we now (as seems likely) face a prolonged period of austerity and restructuring in government, there will be fewer job openings and stagnant or falling wages and benefits in the middle-class occupations where blacks have enjoyed the greatest success.

What is more, those national statistics like unemployment, exclude inmates in our nation's penitentiaries. Were we to add the 5% of black men in prison into those cumulative statistics, the situation would look even more perilous.

Mead's essay, The Last Compromise, is essential reading. He argues that race relations in America are marked by three main historical compromises. The first compromise, in 1787, is well known. Including the counting of slaves as three fifths of a citizen and the granting of slave states equal representation in the Senate, this original compromise allowed the country to emerge as a democracy without dealing with the obvious scar of slavery.

Image taken from The American Interest

The Civil War led to what Mead calls the second major compromise on Race that moved the nation forward without actually granting rights to blacks. In the compromise of 1877,

the white South accepted the results of the Civil War, acknowledging that slavery, secession and the quest for sectional equality were all at an end. The South would live peacefully and ultimately patriotically in a union dominated by Northern capitalists. White Southerners might complain about Northern banks and plutocrats (and they did for decades), but they would not take up arms. For its part, the North agreed to ignore some inconvenient constitutional amendments of the Reconstruction period, allowing each Southern state to manage race relations as its white voters saw fit. In particular, the North allowed the South to deny blacks the vote while counting them for representational purposes.

As Mead writes, this compromise was a disaster for blacks. And yet, there was some progress. Denied the vote and made second-class citizens in much of the country, and faced with continued violence and oppression, blacks could, nevertheless, work to create a small and thriving middle class.

The compromise of 1877 last about 100 years until, in the midst of the Civil Rights Movement, a new compromise emerged. This compromise of 1977 brought with it desegregation of public institutions, affirmative action, the entry of blacks into government and civil service, voting rights, and the chance for success. But it came with a dark side. As Mead summarizes:

At its core, the compromise offered blacks unprecedented economic opportunity and social equality, but it also allowed for the stern and unrelenting repression of inner-city lawlessness and crime. Blacks who were ready, willing and able to participate in the American system found an open door and a favoring wind; blacks who for whatever reason were unable or unwilling to “play by the rules” faced long terms in prisons where gang violence and rape were routine.

The election of President Obama shows the promise and the limits of our current state of race relations. On the one hand, black Americans in the middle and upper classes live in a society that if it is not color blind, is at least open to success, entrepreneurship, and leadership by black Americans. On the other hand, the misery of the black poor continues, largely invisible. This is not simply a racial matter, since it is poverty in general, and not only black poverty, that is ignored. There are many impoverished white people. But it would be dishonest to deny the racial components of poverty.

The 2012 election is a milestone. It proves that 2008 was not a fluke, and it shows that most of the United States will vote for the candidate they feel is better, no matter that candidate's race. This is an enormous achievement and one to celebrate. In many ways the future looks bright. But that is no excuse to refuse an honest confrontation of the problems many black Americans continue to have. President Obama has largely avoided the issue of race, for obvious reasons. It is time to insist that we bring the issue to light.

One good way to begin is to read The Last Compromise by Walter Russell Mead. It is well worth the price of subscription to The American Interest. It is your weekend read.

-RB

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
25Oct/122

Defining American Democracy Differently

How do our understandings of democracy shape how we imagine racial equality and the means by which it might be achieved? That was the question posed by Maribel Morey at the most recent lunchtime talk at the Arendt Center. Morey is currently a fellow at the New York University School of Law, and she has recently completed her dissertation in the Department of History at Princeton University. Building upon her research on the Swedish economist and social theorist Gunnar Myrdal, Morey offered an incisive comparative reading of Myrdal’s book An American Dilemma (1944) and Hannah Arendt’s essay “Reflections on Little Rock” (1959).

As became evident in the course of her talk, these texts posit different visions of democracy in the U.S., and they come to different conclusions about a central feature of the civil rights era: the federally enforced integration of public schools in the segregated South.

Myrdal was a strong advocate of such government intervention. In his argument, the premises and principles of American democracy effectively demand the racial integration of schools and other institutions, and it is legitimate for the federal government to enforce such integration for the sake of America’s ongoing democratic life. This position insists that education constitutes a crucial public resource provided by the state, and it proposes that inequitable access to this resource limits individual and collective participation in the political realm. Indeed, Myrdal goes even further by contending that discrimination and segregation violate the very “American creed”—the liberal commitment to equality and fair treatment—that makes national co-existence possible. Since its initial publication, Myrdal’s position has exerted a deep influence on U.S. public discourse: it played a key role in civil rights activism in the 1950s and ‘60s, and it figured prominently in the Supreme Court’s Brown vs. Board of Education decision.

Arendt was also committed to the project of political equality in the U.S., but she parts ways with Myrdal by sharply questioning the legitimacy of federally enforced integration. On the one hand, she objects to this form of intervention because it “burden[s] children, black and white, with the working out of a problem which adults for generations have confessed themselves unable to solve”. Government-mandated integration thereby inserts young people into a political struggle for which they are not prepared and to which they do not properly belong. On the other hand, Arendt takes issue with the way that federally mandated integration transgresses the boundaries that ought to be maintained between the realms of political, social, and private life.

These boundaries are necessary, in Arendt’s argument, because polity, society, and privacy are defined by different animating principles. Politics is defined by the principle of equality: all adult citizens enjoy the same right to vote and be voted into office, and no differences should exist in their ability to participate in the polity. By contrast, the social realm is characterized by the principle of discrimination: social relations follow the adage “like attracts like,” according to Arendt, and individuals are therefore entitled to associate—and not associate—with others along the lines of profession, class origin, ethnicity, level of education, and other vectors of difference. Finally, the private realm is defined by the principle of exclusiveness: individuals choose the people with whom they will spend their lives on the basis of those people’s unique qualities, and the government should and indeed must assure “the rights of every person to do as he pleases within the four wall of his own home.”

Arendt charges that state action in the service of racial integration is acceptable when it attacks the legal enforcement of discrimination in the political realm. One of her key differences with Myrdal, however, lies in the fact that she does not regard the education provided by the school as necessary for political participation. Indeed, she does not ultimately consider the school to be a “political” institution at all. To be sure, the state has the right to prescribe educational content that will prepare children for future work and citizenship. But in Arendt’s argument government cannot dictate the forms of association and social life that emerge in school, and it cannot infringe on parents’ rights to bring up their children as they deem appropriate. These points lead her to a rather provocative conclusion: “to force parents to send their children to an integrated school against their will means to deprive them of rights which clearly belong to them in all free societies—the private right over their children and the social right to free association.”

As Roger Berkowitz writes in his essay "Solitude and the Activity of Thinking," Arendt's argument is grounded on her belief that a vibrant private realm is a constitutive need of a free political society. Without a strong protection of the private realm where people can grow to be different, unique, and self-thinkers, there will be no true plurality, which is the condition for action and politics. The price for plurality, she writes, is that we allow for people to live freely in private. It is for this reason that Arendt argues against anti-miscegenation law and why she would insist on the right to gay marriage. For Arendt, there is nothing more constitutive of privacy than the right to raise one's children as one wishes. For the state to forcefully require parents to send their children to a specific kinds of school means, she writes, that there would be no meaningful realm of privacy left—which would endanger the plurality she understands is the pre-condition of politics. As Berkowitz writes:

What offends Arendt in the Little Rock case is not the ideal of desegregation, but the danger that well-intentioned governmental attacks on social discrimination will erode the walls of privacy that nourish the possibility of thinking and of acting—and thus of plurality. Since the space for solitary thought depends on the protection of a vibrant private realm, the protection of privacy is a necessary first step in the cultivation of thoughtful political action.

Given the controversial nature of Arendt’s position, it should come as no surprise that much of the discussion turned on the questions her essay leaves unanswered. For example, many audience members wondered about the connections between private upbringing, social discrimination, and political equality. What is it that enables or requires citizens to forego the discrimination they practice in social life so that they might recognize other citizens as equals?

For that matter, how is it possible for people to transcend those aspects of their familial socialization that might hinder them from participating in politics without prejudice?

Other listeners focused on the two writers’ divergent intellectual predilections. As several of them noted, Myrdal’s work reveals a basic confidence in the ability of government, working in tandem with enlightened social science, to conceive and implement policies that further democratic freedoms. Arendt, on the other hand, betrays a much more skeptical stance not only on power of the state, but also on the capacity of social scientists (like Myrdal) to guide productive social and political interventions.

Finally, discussion turned to one point where Arendt, despite the contentious nature of her remarks, might be developing a more interesting view of democratic societies than Myrdal. As Morey noted in the Q and A, Myrdal’s reflections on democracy are ultimately premised on the existence of a national Volk defined by broad moral and cultural commonality. Prejudice and discrimination are pernicious, in his reading, because they prevent racial minorities from complete integration into the nation and its defining sense of peoplehood. Arendt’s vision, by contrast, adopts a much more guarded stance toward “conformism” of this sort. Indeed, “Reflections on Little Rock” proposes that people have a strong right to their opinions and sentiments in the private and social realms, even when those opinions and sentiments are deeply unpalatable in the wider public sphere and polity. As a result, Arendt’s notion of democracy appears to allow much greater room for the existence and maintenance of difference.

On the whole, then, Morey’s talk cast thoughtful light on the work of these two thinkers. It sought neither to venerate nor to dismiss their claims wholesale, but instead probed the many differences in their starting points and claims. In the end, Myrdal and Arendt’s positions seemed so divergent that it was hard not to regard them as “two ships passing in the night”—despite their common abhorrence of racial segregation.

You can view Maribel Morey's talk and the ensuing discussion on the Hannah Arendt Center website, here.

Maribel Morey's essay, "Reassessing Hannah Arendt's 'Reflections on Little Rock' (1959)" was published in the Journal of Law, Culture, and the Humanities. You can sign in with a password to read the article here

-Jeff Jurgens

 

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
24Feb/120

Legislating Memories of Violence

The Constitutional Council, France’s highest court, will soon issue a ruling with significant implications for how we think about free speech, violence, and collective memory. The ruling, due by the end of February, will determine whether French lawmakers can criminalize the denial of the Armenian genocide in the Ottoman Empire during World War I.

Legislation to this effect passed the French National Assembly in December 2011 and the Senate just last month, but the Council agreed to rule on the constitutionality of the provision after inquiries from dozens of parliamentarians. President Nicolas Sarkozy has indicated that he will sign the bill into law if and when it reaches his desk, but he cannot do so until the court announces its decision. The geopolitical implications of this ruling are potentially far-reaching, for it may decisively shape Turkey’s relationship with the European Union and other states in the Middle East. But the ruling’s cultural and philosophical ramifications are significant as well, for they raise important questions about public discourse and collective memory not simply within but also across national boundaries.

The bill that would criminalize Armenian genocide denial was introduced in the National Assembly by Valérie Boyer, a parliamentarian from Marseilles who is affiliated, like Sarkozy, with the center-right Union for a Popular Movement. It would require a year in jail and a fine of 45,000 Euros (approximately $59,000) for “those who have praised, denied, or roughly and publicly downplayed genocidal crimes, crimes against humanity, and war crimes.” Significantly, the legislation does not specifically mention the mass killings of Armenians, but the only other instance of genocide recognized by the French government is the Holocaust, and its denial is already defined as a criminal act under another law. Despite the bill’s generic formulation, then, its effective point of reference is rather targeted.

Members of the French opposition have charged that the bill constitutes a cynical effort to curry favor with the country’s sizable Armenian population in advance of this spring’s presidential elections. Foreign Minister Alain Juppé, meanwhile, has opposed the legislation because he believes it will hinder efforts to maintain Turkish cooperation on urgent matters of state, including Iran’s nuclear ambitions and the ongoing government crackdown in Syria.

  

But the bill’s proponents deny that they have any ulterior motives in either the national or international arena: Boyer insists that genocide is a general human concern that stands “over and above politics,” while Sarkozy asserts that the bill is in “no way aimed at any state or people in particular.” In this respect, the legislation and its overt rationale are consistent with an important strand of the French republican tradition, one that equates the nation and polity with a commitment to universal principles.

Given the state’s ideological position, it should come as no surprise that Turkish responses to the legislation have been hostile. The national government, led by the center-right Justice and Development Party, has suspended many of Turkey’s diplomatic, economic, and military relations with France, and Prime Minister Recep Tayyip Erdoğan has dismissed the bill as an instance of “evident discrimination, racism, and massacre of free speech.” In addition, Erdoğan has accused France of its own unacknowledged genocide during the era of colonial rule in Algeria, while other lawmakers have insisted that France has failed to confront its unseemly role in the 1994 genocide in Rwanda. Far from regarding the legislation as a universalist condemnation of genocide and genocide denial, then, Turkish state officials have treated it as a direct attack on their national self-regard, and they have been quick to accuse the French government of a pernicious double standard: Sarkozy and his colleagues want Turkey to reckon with its burdened past when France has not scrutinized its own violent (post)colonial history.  

On the one hand, I sympathize with the bill’s impulse to engage with past instances of violence. Remembrance of traumatic pasts is not a zero-sum game: attention to one instance of collective violence, such as the murder, deportation, and starvation of Armenians in the Ottoman Empire, does not prevent or preclude attention to others, such as the assault, torture, and killing that accompanied French colonial domination in Algeria. In fact, as Michael Rothberg suggests, the remembrance of past violence across national and/or imperial contexts “has the potential to create new forms of solidarity and new visions of justice.”

On the other hand, I am uncomfortable with the premise that certain forms of public discourse, even those associated with the denial of genocide, should be prohibited by law. I am too committed to liberal thinking to believe that this kind of restriction on free public speech is acceptable, and I have my doubts that it will actually encourage a reasoned understanding—and condemnation—of collective violence in the past, present, and future.

 

In particular, I am very concerned that this legislation, if it indeed becomes law, will have a chilling effect on ongoing discussion and debate in Turkey.

Turkish state and public institutions have grown a bit more receptive to Kurdish grievances over the past decade, and in November 2011 Prime Minister Erdoğan took the remarkable step of apologizing for army and air force attacks that killed nearly 14,000 Kurds in Dersim (now known as Tunceli) from 1936 to 1939. To be sure, Erdoğan issued this apology as police and military personnel were detaining hundreds if not thousands of Kurdish activists in the state’s renewed counterinsurgency campaign. But we should not neglect the fact that such a pronouncement would have been unthinkable only a few years ago. How ready will Erdoğan’s government be to acknowledge other elements of Turkey’s fraught past if France criminalizes denial of the Armenian genocide? Not very, I suspect.

In the end, then, I support concerted public engagement with the nature and extent of the Armenian genocide in France, Turkey, and elsewhere. Precisely for this reason, however, I also oppose the criminalization of Armenian genocide denial.

For more discussion of the transnational politics of memory, I highly recommend Michael Rothberg’s book Multidirectional Memory: Remembering the Holocaust in an Age of Decolonization (Stanford University Press, 2009).

 - Jeff Jurgens

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
17Sep/110

Caution and Restraint?

James Fallows has it right. There is an important difference between ERRING ON THE SIDE OF CAUTION, as the FBI spokesman said, and discriminatory harassment. Fallows was describing the story of Shoshana Hebshi, who was handcuffed and taken off a plane on 9/11 for being half-Arab and half-Jewish, and being seated next to two Indian men on a flight from Denver to Detroit. Read the story and you'll agree with Fallows, that the FBI showed painfully little caution or restraint.

Shoshana_AC94C77812320.jpg

Yes, she was released. Yes, this is a far cry from totalitarianism, as Hannah Arendt understood it. And yes, we need to take threats seriously. But it is also important to be aware that in the name of caution, we are empowering people to abuse their authority. Just ask Brandon Mayfield.

Roger Berkowitz
Roger Berkowitz is Associate Professor of Political Studies and Human Rights at Bard College, and Academic Director of the Hannah Arendt Center for Politics and the Humanities. He is also the author of "Gift of Science: Leibiniz and the Modern Legal Tradition", as well as co-editor of "Thinking in Dark Times: Hannah Arendt on Ethics and Politics".