By Kathleen B. Jones
“The calamity of the rightless is not that they are deprived of life, liberty, and the pursuit of happiness, or of equality before the law and freedom of opinion, but that they no longer belonged to any community whatsoever.”
-- Hannah Arendt, The Origins of Totalitarianism
For the past few weeks, I have been in Birmingham UK, home to one of the most diverse communities in England, including many Muslims from India, Pakistan, and the Middle East who constitute more than 20% of the population of this city. The area where I reside has a decidedly “live and let live” attitude. In the morning, groups of women and men in various forms of hijab or niqab take their children to school, some heading for one of the Islamic schools, others to the nearby Catholic primary or another Church-affiliated school, and still others to the state-run local primary, where they mix together with “white British,” Caribbeans, and a range of other ethnicities. A nearby Italian restaurant assures its customers who inquire that its meat is halal. The stores are filled with sales personnel of all ethnicities, genders, and types. A colorfully tattooed man collects his morning coffee from a woman in an equally colorful headscarf. A young Muslim woman selling electronics in a large department store becomes positively giddy when she learns I am from California. “I so want to go there; I love America!” she tells me. And yet, as the 2011 census reported, nearly 90% of the population, regardless of their ethnicity, consider themselves British.
Congratulations to the Winners of the Academic Initiative on Hate and the Human Condition Essay Contest!
In the fall semester of 2014, Bard College, as well as its affiliates Bard College Berlin, Al-Quds University, and AUCA, participated in the Academic Initiative on Hate and the Human Condition launched by the Hannah Arendt Center for Politics and Humanities, together with Bard’s Center for Civic Engagement and the Human Rights Project. Courses that explored and reflected on the problem of hate were offered at all four institutions.
Roger 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 the Weekend Read this week, we provide an edited transcript of Professor Berkowitz’s speech: “American Exceptionalism: What Are We Fighting For?”
Independence Day began for me at the Nantucket Unitarian Universalist Meeting House where a packed crowd braved an impending hurricane to hear a reading of the Declaration of Independence and the Bill of Rights alongside some vigorous patriotic singing. I had never heard the Declaration read aloud before, but one recalls that it is a declaration and meant to be read. Also striking is that the bulk of the Declaration is concerned with listing the ills and wrongs suffered at the hands of King George.
Thomas Meaney and Yascha Mounk argue in a long essay in The Nation that the democratic moment is passing if not yet already passed. The sweep of their essay is broad. Alexis de Tocqueville saw American democracy replacing the age of European aristocracy. He worried that democratic equality would be unable to preserve the freedoms associated with aristocratic individualism, but he knew that the move from aristocracy to democracy was unstoppable. So today, Meaney and Mounk write, we are witnessing the end of the age of democracy and equality. This is so, they suggest, even if we do not yet know what will replace it.
Meaney and Mounk build their argument on a simple critical insight, a kind of “unmasking” of what might be called the hypocrisy of modern democracy. Democracy is supposed to be the will of the people. It is a long time since the small group of Athenian citizens governed themselves. Modern democrats have defended representative democracy as a pragmatic alternative because gathering all the citizens of modern states together for democratic debate is simply impossible. But technology has changed that.
As long as direct democracy was impracticable within the confines of the modern territorial state, the claim that representative institutions constituted the truest form of self-government was just about plausible. But now, in the early twenty-first century, the claim about direct democracy being impossible at the national level and beyond is no longer credible. As the constraints of time and space have eroded, the ubiquitous assumption that we live in a democracy seems very far from reality. The American people may not all fit into Madison Square Garden, but they can assemble on virtual platforms and legislate remotely, if that is what they want. Yet almost no one desires to be that actively political, or to replace representation with more direct political responsibility. Asked to inform themselves about the important political issues of the day, most citizens politely decline. If forced to hold an informed opinion on every law and regulation, many would gladly mount the barricades to defend their right not to rule themselves in such a burdensome manner. The challenge posed by information technology lies not in the possibility that we might adopt more direct forms of democracy but in the disquieting recognition that we no longer dream of ruling ourselves.
In short, democracy understood as self-government is now once again possible in the technical age. Such techno-democratic possibility is not, however, leading to more democracy. Thus, Meaney and Mounk conclude, technology allows us to see through the illusions of democracy as hypocritical and hollow.
The very word “democracy” indicts the political reality of most modern states. It takes a considerable degree of delusion to believe that any modern government has been “by” the people in anything but the most incidental way. In the digital age, the claim that the political participation of the people in decision-making makes democracy a legitimate form of government is only that much hollower. Its sole lingering claim to legitimacy—that it allows the people the regular chance to remove leaders who displease them—is distinctly less inspiring. Democracy was once a comforting fiction. Has it become an uninhabitable one?
Such arguments by “unmasking” are attractive and popular today. They work, as Peter Baehr argued recently in a talk at the Arendt Center, through the logic of exposure, by accusing “a person, argument or way of life of being fundamentally defective.” It may be that there are populist democratic revolts happening in Turkey and Thailand, revolts that are unsettling to elites. Similarly, the democratic energies of the Tea Party and Occupy Wall Street are seen by many as evidence of the crisis of democracy. Democracy, it is said, is defective, based on a deception and buttressed by illusion. But it hardly does a service to truth to see democratic ferment as proof of the end of democracy.
Meaney and Mounck argue that there are three main reasons that have brought democracy to the brink of crisis. First, the interrelation of democracies within a global financial world means that democratic leaders are increasingly beholden to banks and financiers than to their citizens.
[W]ith world trade more pervasive, and with the domestic economies of even the most affluent nations deeply dependent on foreign investments, the ideological predilections of a few governments have become the preoccupation of all. There is a reason why all mainstream politicians now make decisions based on variables such as the risk of capital flight and the reactions of bond rating agencies, rather than on traditional calculations about the will of their electorates. As the German economist Wolfgang Streeck has argued, this shift in political calculus occurred because the most significant constituency of democracies is no longer voters but the creditors of public debt.
Second, democracies have come to be associated not just with self-government, but with good government leading to peace and plenty. But this is a fallacy. There is no reason that democracies will be better governed than autocracies or that economic growth in democracies will outperform that of autocracies. This creates an “expectations gap” in which people demand of democracies a level of success they cannot deliver.
Third, democracy has largely been sold around the world as “synonymous with modernization, economic uplift and individual self-realization.” Democratic politicians, often an elite, wrapped their power in largesse and growth that papered over important religious and moral differences. Today populism in Thailand, Egypt, and Turkey clashes with the clientism of democratic rulers and threatens the quasi-democratic alliance of the elites and the masses.
Meaney and Mounk are no doubt correct in perceiving challenges to democracy today. And they are right that democratic citizens consistently prefer technocratic competence over democratic dissent and debate. As they write,
…we live in highly bureaucratic states that require ever-increasing degrees of technical competence. We expect our governments to do more and to do it better. The more our expectations are addressed, the more bureaucratic and opaque government becomes and the less democratic control is possible.
The danger of representative democracy is that it imagines government as something we outsource to a professional class so that we can get on with what is most important in our lives. There is a decided similarity between representative democracy and technocracy, in that both presume that political administration is a necessary but uninspiring activity to be avoided and relegated to a class of bureaucrats and technocrats. The threat of representative democracy is that it is founded upon and regenerates an anti-political and apolitical culture, one that imagines politics as menial work to be done by others.
What Meaney and Mounk overlook, however, is that at least in the United States, we have never simply been a representative democracy. The United States is a complicated political system that cannot justly or rightly be called either a democracy or a representative democracy. Rightly understood, the USA is a federal, democratic, constitutional republic. Its democratic elements are both limited and augmented by its constitutional and federalist character as well as by its republican tradition. At least until recently, it combined a strong national government with equally strong traditions of state and local power. If citizens could not be involved in national politics, they could and often were highly involved in local governance. And local institutions, empowered by the participation of energized citizens, were frequently more powerful or at least as powerful as were national institutions.
Of course, the late 20th and early 21st centuries have witnessed a tectonic constitutional shift in America away from local institutions and toward a highly powerful, centralized, and bureaucratized national government. But this shift is neither inevitable nor irreversible. Indeed, largely driven by the right, the new federalism has returned to states some traditional powers. These powers can be used, however, by the left and the right. As Ben Barber has been arguing from the left, there is an opportunity in the dysfunctional national government to return power and vitality to our cities and our towns. Both Occupy Wall Street and the Tea Party show that there are large numbers of people who are dissatisfied with our political centralization and feel disenfranchised and distant from the ideals of democratic self-government. The Tea Party, more than Occupy, has channeled that disenchantment into local political organizations and institutions. But the opportunity to do so is present on the left as well as on the right.
There is a deeply religious element to American democracy that is bound up with the idea and reality of American exceptionalism, a reservoir of democratic potency that is not yet tapped out. Meaney and Mounk see this, albeit in a throwaway line that is buried in their essay:
Outside of a few outliers such as India and the United States, where deep in the provinces one still encounters something like religious zeal for democracy, many people in nominal democracies around the world do not believe they are inheritors of a sacral dispensation. Nor should they.
We are witnessing a crisis of democracy around the world, in the sense that both established and newer democracies are finding their populations dissatisfied. While it is true that people are not flocking to technical versions of mass democracies, they are taking to the streets and organizing protests, and involving themselves in the activities of citizenship. Meaney and Mounk are right, democracy is not assured, and we should never simply assume its continued vitality. But neither should we write it off entirely. Their essay should be read less as an obituary than a provocation. But it should be read. It is your Weekend Read.
Looking for scandal, the press is focusing on the apparent conflict between Chief Justice John Roberts and Justice Sonia Sotomayor. The controversy began seven years ago before Sotomayor was on the Court, when Roberts wrote, in a decision invalidating a race-based busing program in Seattle, “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” This week, in a dissent Sotomayor chose to read aloud from the Supreme Court bench, she scolded Roberts:
"In my colleagues’ view, examining the racial impact of legislation only perpetuates racial discrimination. This refusal to accept the stark reality that race matters is regrettable. The way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race, and to apply the Constitution with eyes open to the unfortunate effects of centuries of racial discrimination. As members of the judiciary tasked with intervening to carry out the guarantee of equal protection, we ought not sit back and wish away, rather than confront, the racial inequality that exists in our society. It is this view that works harm, by perpetuating the facile notion that what makes race matter is acknowledging the simple truth that race does matter."
Sotomayor’s point is that race matters in ways that her colleagues, including Roberts, apparently do not understand. She is right; race does matter, and it matters in ways that are difficult to perceive and comprehend. Among the pages of historical, legal, and everyday examples she offers, there are these reflections on the small but persistent present reality of race in America:
“And race matters for reasons that really are only skin deep, that cannot be discussed any other way, and that cannot be wished away. Race matters to a young man’s view of society when he spends his teenage years watching others tense up as he passes, no matter the neighborhood where he grew up. Race matters to a young woman’s sense of self when she states her hometown, and then is pressed, 'No, where are you really from?', regardless of how many generations her family has been in the country. Race matters to a young person addressed by a stranger in a foreign language, which he does not understand because only English was spoken at home. Race matters because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: 'I do not belong here.'”
Roberts responded in a separate concurring opinion, defending himself against the charge of racial insensitivity. It is not and he is not out of touch with reality, he argues, to disagree about the use of racial preferences in responding to the reality of race in 21st century America. He too is right.
"The dissent states that '[t]he way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race.' And it urges that '[r]ace matters because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: "I do not belong here.'" But it is not 'out of touch with reality' to conclude that racial preferences may themselves have the debilitating effect of reinforcing precisely that doubt, and—if so—that the preferences do more harm than good. To disagree with the dissent’s views on the costs and benefits of racial preferences is not to 'wish away, rather than confront' racial inequality. People can disagree in good faith on this issue, but it similarly does more harm than good to question the openness and candor of those on either side of the debate."
The background of these supremely intemperate contretemps is a decision in Schuette v. Coalition to Defend Affirmative Action in which the Court, in an opinion written by Justice Kennedy, upheld a Michigan Constitutional provision (recently amended through a ballot initiative) prohibiting race-based affirmative action in public universities.
As both Justice Kennedy’s controlling opinion and Justice Breyer’s concurring opinion make clear, the decision does not at all address the constitutionality of race-based affirmative action programs themselves. While in recent years the Supreme Court has shown skepticism about race-based affirmative action, it has consistently allowed such programs as long as they are tailored to achieve a legitimate state purpose understood as diversity in educational institutions. Nothing in Schuette changes that.
At the same time, Schuette does give constitutional blessing to states that democratically choose not to use race-based affirmative action. Already a number of states (including Blue states like California and swing states like Florida) have passed voter initiatives banning such race-based preferences. Racial preferences are not popular. In Michigan, a state that has voted democratic in the last five presidential elections, the anti-affirmative action ballot proposal passed by a margin of 58 percent to 42 percent. For this reason, Schuette is rightly seen as another nail in the coffin of race-based affirmative action programs.
Support for race-based affirmative action is dwindling, hence the impassioned and at times angry dissent by Justice Sotomayor. Even if the Court does not further limit the ability of states to practice race-based affirmative action, more and more states—which means the people of the United States—are choosing not to.
This, by the way, does not mean a return to segregated education although it will likely mean, at least in the short term, fewer African Americans at public universities in Michigan. To choose not to allow race-based preferences opens the door to other experiments with promoting diversity in education. For example, universities in Michigan and California can seek to give preference to students from poor and socio-economically disadvantaged zip codes. Depending on the connection between race and poverty in a given state, such an approach to diversity may or may not lead to racial diversity on campus, but it will very likely lead to increased and meaningful diversity insofar as students from meaningfully different pasts and with uniquely divergent life experiences would be in school together. It is at least arguable that such an approach would lead to greater diversity than many race-based preference programs that end up recruiting a small group of upper class minorities.
As a legal matter, Schuette concerned two different understandings of freedom. On the one hand, as Justice Kennedy writes, “The freedom secured by the Constitution consists, in one of its essential dimensions, of the right of the individual not to be injured by the unlawful exercise of governmental power.” Understood as individual rights, freedom means the right to attend desegregated schools, the right to be free from unreasonable searches and seizures, and the right to meaningful dissent.
But freedom, Kennedy continues, “does not stop with individual rights.” There is another understanding of freedom, which may be called the freedom to participate in self-government:
"Our constitutional system embraces, too, the right of citizens to debate so they can learn and decide and then, through the political process, act in concert to try to shape the course of their own times and the course of a nation that must strive always to make freedom ever greater and more secure. Here Michigan voters acted in concert and statewide to seek consensus and adopt a policy on a difficult subject against a historical background of race in America that has been a source of tragedy and persisting injustice. That history demands that we continue to learn, to listen, and to remain open to new approaches if we are to aspire always to a constitutional order in which all persons are treated with fairness and equal dignity. Were the Court to rule that the question addressed by Michigan voters is too sensitive or complex to be within the grasp of the electorate; or that the policies at issue remain too delicate to be resolved save by university officials or faculties, acting at some remove from immediate public scrutiny and control; or that these matters are so arcane that the electorate’s power must be limited because the people cannot prudently exercise that power even after a full debate, that holding would be an unprecedented restriction on the exercise of a fundamental right held not just by one person but by all in common. It is the right to speak and debate and learn and then, as a matter of political will, to act through a lawful electoral process."
Both individual freedom and political freedom are important. Both are at the core of American understandings of free, democratic, constitutional government. The point is that these freedoms must be balanced. In this case, the balance swung in favor of political freedom. Here is Justice Breyer’s argument from his concurring opinion:
“The Constitution allows local, state, and national communities to adopt narrowly tailored race-conscious programs designed to bring about greater inclusion and diversity. But the Constitution foresees the ballot box, not the courts, as the normal instrument for resolving differences and debates about the merits of these programs. In short, the 'Constitution creates a democratic political system through which the people themselves must together find answers' to disagreements of this kind.”
For Sotomayor and those who agree with her, the claim is that the reality of racism historically and presently threatens the integrity of the political process. The problem with Sotomayor’s argument is that it is not at all clear that racial inequality today is the primary factor threatening the integrity of our political system. On the contrary, while it is incontrovertible that race matters, other facts, like class or income, may matter more.
To think seriously about race in American is hard. Very hard. As Walter Russell Mead writes, in discussing these questions,
“There’s a basic point that should not be forgotten in dealing with anything touching on race: The place of African Americans in the United States is a uniquely difficult and charged question. The history of slavery, segregation and entrenched racism in the United States cannot be denied and should not be minimized. The effects of this history are still very much with us today, and while the overwhelming majority of Americans repudiate racist ideologies and beliefs, the continuing presence of racist ideas, prejudices and emotions in this country is a reality that policy makers and people of good will cannot and should not ignore. It is naive to think otherwise, and any look at how our system works and any thoughts about whether it works fairly have to include a serious and honest reflection on the fading but real potency of race.”
Mead raises a difficult question, which is whether race is really the best way to think about inequality in 21st century America. He argues for status based public policy programs to replace race-based programs:
“Ultimately, this is why status-based forms of affirmative action seem better than race based ones. President Obama’s kids don’t need any special help in getting into college, but there are many kids of all races and ethnic groups who have demonstrated unusual talent and grit by achieving in difficult circumstances. Kids who go to terrible schools, who overcome economic disadvantages, who are the first in their family to complete high school, or who grow up in neighborhoods that are socially distressed can and should be treated with the respect their achievements warrant.”
Should President Obama’s children benefit from race-based preference programs? Clearly the answer is no. But note, this does not mean that his children will not suffer from racism. Mead knows this and says so. Indeed, it is likely they will, over the course of their lives, find themselves in situations where they are looked at askance, avoided, singled out, discriminated against, and also privileged on account of their races. Race matters, undoubtedly, in complicated but overwhelmingly in damaging and at times degrading ways. Responding to the reality of race in our society is absolutely necessary.
It is not at all clear that race-based preferences in college admission are the best way to respond to the reality of race in the 21st century. Some states believe such race-based preferences are necessary. Other states, including Michigan, California, and Florida, have concluded they are not. Deciding that preferential admissions to universities on the basis of race is impermissible is not unconstitutional. That is the correct decision the Court made this week.
That does not mean, of course, that we shouldn’t try to address both racial and class discrimination in higher education. There are many ways to address the damaging impact of racial as well as economic inequality in our society—some maybe better than race-based preferences. For one, schools could institute truly need-blind admissions and decide to give preference to applicants who come from poor or disadvantaged backgrounds. While many of the poorest and most disadvantaged children in our society are white and from rural backgrounds, many others are racial minorities. Both would benefit from such an approach, which would be infinitely more just than a simple preference based on skin color.
Even better would be a serious commitment to affirmatively act to improve our shamefully underfunded and under-achieving high schools. Especially in poorer areas where rural and urban poverty crush the hopes and dreams of young people, our public schools are too-often disastrous. These schools, however, are free and the four years students spend in them are frequently wasted. If we could somehow figure out how to make high school a meaningful experience for millions of low-income children, that would be the single best way to help disadvantaged children around the country, both minority and white. That would be a truly meaningful form of affirmative action.
Over the last 50 years race has replaced class as the primary way that people on the left have perceived the injustices of the world. During that time poverty did not disappear as a problem, but it was hidden behind concerns of race and at times of gender. A whole generation of activists and politicians have grown up and worked in an era in which the problems of the nation were seen through a racial lens. There were good reasons for this shift and the results have been important and phenomenal. Yes, race still matters today, but nowhere to the extent it did 50 years ago.
Poverty, on the other end, matters ever more. With rising inequality and with the welldocumented problems of the middle classes (let alone the overlooked lower classes), we are slowly seeing a shift away from race and towards class as the dominant lens for thinking about equality and inequality in the country. This is as it should be. It is time to begin thinking more about advocating for real class diversity in colleges and public institutions; that doesn’t mean race as a problem has gone away, but it does mean that in the early 21st century, poverty trumps race as the true scourge of our public life.
The opinions in Schuette v. Coalition to Defend Affirmative Action are well worth reading in full, especially those by Justices Breyer and Sotomayor. They are your weekend read. You can download a PDF of the opinion here.
Hannah Arendt considered calling her magnum opus Amor Mundi: Love of the World. Instead, she settled upon The Human Condition. What is most difficult, Arendt writes, is to love the world as it is, with all the evil and suffering in it. And yet she came to do just that. Loving the world means neither uncritical acceptance nor contemptuous rejection. Above all it means the unwavering facing up to and comprehension of that which is.
Every Sunday, The Hannah Arendt Center Amor Mundi Weekly Newsletter will offer our favorite essays and blog posts from around the web. These essays will help you comprehend the world. And learn to love it.
Over at SCOTUSblog, Burt Neuborne writes that “American democracy is now a wholly owned subsidiary of Oligarchs, Inc.” The good news, Neuborne reminds, is that “this too shall pass.” After a fluid and trenchant review of the case and the recent decision declaring limits on aggregate giving to political campaigns to be unconstitutional, Neuborne writes: “Perhaps most importantly, McCutcheon illustrates two competing visions of the First Amendment in action. Chief Justice Roberts’s opinion turning American democracy over to the tender mercies of the very rich insists that whether aggregate contribution limits are good or bad for American democracy is not the Supreme Court’s problem. He tears seven words out of the forty-five words that constitute Madison’s First Amendment – “Congress shall make no law abridging . . . speech”; ignores the crucial limiting phrase “the freedom of,” and reads the artificially isolated text fragment as an iron deregulatory command that disables government from regulating campaign financing, even when deregulation results in an appalling vision of government of the oligarchs, by the oligarchs, and for the oligarchs that would make Madison (and Lincoln) weep. Justice Breyer’s dissent, seeking to retain some limit on the power of the very rich to exercise undue influence over American democracy, views the First Amendment, not as a simplistic deregulatory command, but as an aspirational ideal seeking to advance the Founders’ effort to establish a government of the people, by the people, and for the people for the first time in human history. For Justice Breyer, therefore, the question of what kind of democracy the Supreme Court’s decision will produce is at the center of the First Amendment analysis. For Chief Justice Roberts, it is completely beside the point. I wonder which approach Madison would have chosen. As a nation, we’ve weathered bad constitutional law before. Once upon a time, the Supreme Court protected slavery. Once upon a time the Supreme Court blocked minimum-wage and maximum-hour legislation. Once upon a time, the Supreme Court endorsed racial segregation, denied equality to women, and jailed people for their thoughts and associations. This, too, shall pass. The real tragedy would be for people to give up on taking our democracy back from the oligarchs. Fixing the loopholes in disclosure laws, and public financing of elections are now more important than ever. Moreover, the legal walls of the airless room are paper-thin. Money isn’t speech at obscenely high levels. Protecting political equality is a compelling interest justifying limits on uncontrolled spending by the very rich. And preventing corruption means far more than stopping quid pro quo bribery. It means the preservation of a democracy where the governed can expect their representatives to decide issues independently, free from economic serfdom to their paymasters. The road to 2016 starts here. The stakes are the preservation of democracy itself.” It is important to remember that the issue is not really partisan, but that both parties are corrupted by the influx of huge amounts of money. Democracy is in danger not because one party will by the election, but because the oligarchs on both sides are crowding out grassroots participation. This is an essay you should read in full. For a plain English review of the decision, read this from SCOTUSblog. And for a Brief History of Campaign Finance, check out this from the Arendt Center Archives.
Zephyr Teachout, the most original and important thinker about the constitutional response to political corruption, has an op-ed in the Washington Post: “We should take this McCutcheon moment to build a better democracy. The plans are there. Rep. John Sarbanes (D-Md.) has proposed something that would do more than fix flaws. H.R. 20, which he introduced in February, is designed around a belief that federal political campaigns should be directly funded by millions of passionate, but not wealthy, supporters. A proposal in New York would do a similar thing at the state level.” Teachout spoke at the Arendt Center two years ago after the Citizens United case. Afterwards, Roger Berkowitz wrote: “It is important to see that Teachout is really pointing out a shift between two alternate political theories. First, she argues that for the founders and for the United States up until the mid-20th century, the foundational value that legitimates our democracy is the confidence that our political system is free from corruption. Laws that restrict lobbying or penalize bribery are uncontroversial and constitutional, because they recognize core—if not the core—constitutional values. Second, Teachout sees that increasingly free speech has replaced anti-corruption as the foundational constitutional value in the United States. Beginning in the 20th century and culminating in the Court's decision in Citizens United, the Court gradually accepted the argument that the only way to guarantee a legitimate democracy is to give unlimited protection to the marketplace of idea. Put simply, truth is nothing else but the product of free debate and any limits on debate, especially political debate, will delegitimize our politics.” Read the entirety of his commentary here. Watch a recording of Teachout’s speech here.
A new exhibition opened two weeks ago at the Haus der Kulturen der Welt in Berlin that examines the changing ways in which states police and govern their subjects through forensics, and how certain aesthetic-political practices have also been used to challenge or expose states. Curated by Anselm Franke and Eyal Weizman, Forensis “raises fundamental questions about the conditions under which spatial and material evidence is recorded and presented, and tests the potential of new types of evidence to expand our juridical imagination, open up forums for political dispute and practice, and articulate new claims for justice.” Harry Burke and Lucy Chien review the exhibition on Rhizome: “The exhibition argues that forensics is a political practice primarily at the point of interpretation. Yet if the exhibition is its own kind of forensic practice, then it is the point of the viewer's engagement where the exhibition becomes significant. The underlying argument in Forensis is that the object of forensics should be as much the looker and the act of looking as the looked-upon.” You may want to read more and then we suggest Mengele’s Skull: The Advent of a Forensic Aesthetics.
In an interview, Leslie Jamison, author of the very recently published The Empathy Exams, offers up a counterintuitive defense of empathy: “I’m interested in everything that might be flawed or messy about empathy — how imagining other lives can constitute a kind of tyranny, or artificially absolve our sense of guilt or responsibility; how feeling empathy can make us feel we’ve done something good when we actually haven’t. Zizek talks about how 'feeling good' has become a kind of commodity we purchase for ourselves when we buy socially responsible products; there’s some version of this inoculation logic — or danger — that’s possible with empathy as well: we start to like the feeling of feeling bad for others; it can make us feel good about ourselves. So there’s a lot of danger attached to empathy: it might be self-serving or self-absorbed; it might lead our moral reasoning astray, or supplant moral reasoning entirely. But do I want to defend it, despite acknowledging this mess? More like: I want to defend it by acknowledging this mess. Saying: Yes. Of course. But yet. Anyway.”
In a review of Romanian writer Herta Muller's recently translated collection Christina and Her Double, Costica Bradatan points to what changing language can do, what it can't do, and how those who attempt to manipulate it may also underestimate its power: “Behind all these efforts was the belief that language can change the real world. If religious terms are removed from language, people will stop having religious feelings; if the vocabulary of death is properly engineered, people will stop being afraid of dying. We may smile today, but in the long run such polices did produce a change, if not the intended one. The change was not in people’s attitudes toward death or the afterworld, but in their ability to make sense of what was going on. Since language plays such an important part in the construction of the self, when the state subjects you to constant acts of linguistic aggression, whether you realize it or not, your sense of who you are and of your place in the world are seriously affected. Your language is not just something you use, but an essential part of what you are. For this reason any political disruption of the way language is normally used can in the long run cripple you mentally, socially, and existentially. When you are unable to think clearly you cannot act coherently. Such an outcome is precisely what a totalitarian system wants: a population perpetually caught in a state of civic paralysis.”
Charles Samuleson, author of "The Deepest Human Life: An Introduction to Philosophy for Everyone," has this paean to the humanities in the Wall Street Journal: “I once had a student, a factory worker, who read all of Schopenhauer just to find a few lines that I quoted in class. An ex-con wrote a searing essay for me about the injustice of mandatory minimum sentencing, arguing that it fails miserably to live up to either the retributive or utilitarian standards that he had studied in Introduction to Ethics. I watched a preschool music teacher light up at Plato's "Republic," a recovering alcoholic become obsessed by Stoicism, and a wayward vet fall in love with logic (he's now finishing law school at Berkeley). A Sudanese refugee asked me, trembling, if we could study arguments concerning religious freedom. Never more has John Locke —or, for that matter, the liberal arts—seemed so vital to me.”
Arthur C. Brooks makes the case that charitable giving makes us happier and even more successful: “In 2003, while working on a book about charitable giving, I stumbled across a strange pattern in my data. Paradoxically, I was finding that donors ended up with more income after making their gifts. This was more than correlation; I found solid evidence that giving stimulated prosperity…. Why? Charitable giving improves what psychologists call “self-efficacy,” one’s belief that one is capable of handling a situation and bringing about a desired outcome. When people give their time or money to a cause they believe in, they become problem solvers. Problem solvers are happier than bystanders and victims of circumstance.” Do yourself a favor, then, and become a member of the Arendt Center.
What Heidegger's Denktagebuch reveals about his thinking during the Nazi regime.
April 8, 2014
Goethe Institut, NYC
Learn more here.
"My Name is Ruth."
An Evening with Bard Big Read and Marilynne Robinson's Housekeeping
Excerpts will be read by Neil Gaiman, Nicole Quinn, & Mary Caponegro
April 23, 2014
Richard B. Fisher Center, Bard College
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This week on the blog, our Quote of the Week comes from Martin Wager, who views Arendt's idea of world alienation through the lens of modern day travel. Josh Kopin looks at Stanford Literary Lab's idea of using computers and data as a tool for literary criticism. In the Weekend Read, Roger Berkowitz ponders the slippery slope of using the First Amendment as the basis for campaign finance reform.