Hannah Arendt Center for Politics and Humanities
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

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

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

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

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

26Feb/130

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

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

25Oct/121

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

 

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

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.