Over at the Volokh Conspiracy, David E. Bernstein argues that Justice Stephen Breyer’s dissent in the Campaign Finance Case (McCutcheon v. Federal Elections Commission) is dangerous. He writes, rightly, that progressives have historically been uneasy with the First Amendment since strong rights are anti-democratic and exert a conservative and limiting impulse on democratic self-government and progressive programs. Thus free speech interferes with hate crimes legislation and stands in the way of attempts to limit offensive speech. And, most recently, free speech has proven the main impediment to regulate the insane amounts of money that are corrupting the political system.
Bernstein asks: “But how can liberals, who so expansively interpret other constitutional provisions, narrow the First Amendment so that campaign finance no longer gets protection?” His rhetorical answer is that the liberal willingness to limit free speech evident in Justice Breyer’s dissent is dangerous:
The danger of this argument is that analogous reasoning could be used to censor major media corporations such as the New York Times, Hollywood, and so on, to wit: ”When Hollywood spends billions of dollars each year advancing a liberal agenda, the general public will not be heard. Instead of a free marketplace of ideas, we get a marketplace in which major Hollywood moguls have hundreds of thousands of times the ‘speech power’ of the average American.” And given that almost everyone deems it appropriate to regulate the economic marketplace to counter inefficiencies and unfairness, why should the much-less-efficient (because it’s much more costly for an individual to make an error in his economic life than to have a mistaken ideology) marketplace of ideas be exempt from harsh regulation? In short, once one adopts the Progressive view of freedom of speech as only going so far as to protect the public interest in a well-functioning marketplace of ideas, there is no obvious reason to limit reduced scrutiny of government “public interest” regulation of speech to campaign finance regulations. Nor is it obvious why the Court should give strict scrutiny to speech restrictions that don’t directly affect the marketplace of ideas, instead of just using a malleable test balancing “speech interests” versus other interests.
It is of course right to worry about placing limits on speech, especially speech that is so clearly political. That is why Justice Robert’s plurality opinion has such straightforward appeal:
There is no right more basic in our democracy than the right to participate in electing our political leaders. Citizens can exercise that right in a variety of ways: They can run for office themselves, vote, urge others to vote for a particular candidate, volunteer to work on a campaign, and contribute to a candidate’s campaign. This case is about the last of those options. The right to participate in democracy through political contributions is protected by the First Amendment, but that right is not absolute. Our cases have held that Congress may regulate campaign contributions to protect against corruption or the appearance of corruption. … If the First Amendment protects flag burning, funeral protests, and Nazi parades—despite the profound offense such spectacles cause—it surely protects political campaign speech despite popular opposition.
What this means is that as long as campaign finance reform is viewed according to the lens of free speech, those who labor to protect our political system from the corrupting influence of excessive amounts of money will tread a treacherous path. They must, as Justice Breyer does at times in his dissent, argue for a version of free speech that is instrumental, one that is limited by its assumed purpose. Here is Breyer:
Consider at least one reason why the First Amendment protects political speech. Speech does not exist in a vacuum. Rather, political communication seeks to secure government action. A politically oriented “marketplace of ideas” seeks to form a public opinion that can and will influence elected representatives.
Breyer, like too many of those who would support campaign finance reform, insists on fighting the battle over the meaning of free speech. The problem is that such arguments must speak about limiting speech on rational grounds or suggest that speech is designed to make government better. This raises the specter of the government deciding when speech does and when it does not improve democracy. Some may welcome judges making such difficult judgments—it may be what wise judges actually should do. But having judges decide when speech favors democracy would subject all sorts of offensive or radical speech to the test of whether it was directed to secure government action and whether it invigorated the marketplace of ideas.
The problems with the free speech approach to campaign finance reform have led Lawrence Lessig and Zephyr Teachout to seek a different path. Thus it is worth looking at the responses both of them penned to the McCutcheon decision.
Lessig, writing in the Daily Beast, argues that advocates of reform need to stop talking about free speech and instead focus on corruption:
The only way for the government to win, in other words, was to convince the Court that while corruption certainly includes quid pro quos, it need not be limited to quid pro quos. The roots of that argument were handed to the government from an unlikely source: the Framers of our Constitution. Building upon the work of Zephyr Teachout, two researchers and I scoured every document that we could from the framing of our constitution to try to map how the Framers used the word “corruption.” What was absolutely clear from that research was that by “corruption,” the Framers certainly did not mean quid pro quo corruption alone. That exclusive usage is completely modern. And while there were cases where by “corruption” the Framers plainly meant quid pro quo corruption, these cases were the exception. The much more common usage was “corruption” as in improper dependence. Parliament, for example, was “corrupt,” according to the Framers, because it had developed an improper dependence on the King. That impropriety had nothing to do with any quid pro quo. It had everything to do with the wrong incentives being allowed into the system because of that improper dependence.
Teachout, writing in the Washington Post, argues that we need to stop trying to ban money in our current system of campaign laws and, instead, create a new system, one modeled on examples in Maine, Connecticut, Arizona, Massachusetts, North Carolina, New Mexico, New Jersey, Hawaii and West Virginia, which have all experimented with publicly funded elections:
But the legislative branch has to take some responsibility. Relying on bans is akin to continually passing seat-belt laws that keep getting struck down while never building safe cars. 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…. They have learned that they are most effective when every office’s election is publicly funded, so that candidates learn how to raise money by going to the people, and that it is better to give a public match only to in-state individuals and not to PACs or out-of-state donors. Big lobbyists don’t like this because they are used to getting meetings with candidates to whom their clients give money. We’ve also learned that more women and minorities run for office with a public-funding system.
The campaign finance decisions are a disaster for our democracy and are preventing attempts to limit the truly corrosive impact of money throughout our political system. But it is also the case that the decisions are principled when viewed within the rubric of our free speech jurisprudence. Instead of limiting the amount of money in an inevitably corrupt system, it is time to change the system itself. Lessig and Teachout are leading the charge. Their op-eds are your weekend reads. In addition, you can revisit my comments on Teachout’s talk at the Hannah Arendt Center last year, here. And you can watch a recording of Teachout’s speech here.
Indeed my opinion now is that evil is never “radical,” that it is only extreme, and that it possesses neither depth nor any demonic dimension. It can overgrow and lay waste the whole world precisely because it spreads like a fungus over the surface. It is ‘thought-defying,’ as I said, because thought tries to reach some depth, to go to the roots, and the moment it concerns itself with evil, it is frustrated because there is nothing.
-Hannah Arendt, letter to Gershom Scholem
Recent commentators have marked the 50th anniversary of Stanley Kubrick’s bleak nuclear satire, Dr. Strangelove, by noting that the film contained quite a bit more reality than we had thought. While national security and military officials at the time scoffed at the film’s farfetched depictions of a nuclear holocaust set off by a crazed general, we now know that such an unthinkable event would have been, at least theoretically, entirely possible. Yet there is another, deeper sense in which Kubrick’s satire puts us in touch with a reality that could not be readily depicted through other means.
The film tells the story of a rogue general who, at the height of the Cold War arms race, launches a nuclear attack that cannot be recalled, which leads to the destruction of most of humanity in a nuclear holocaust. These are events that we would conventionally describe as “tragic,” but the film is no tragedy. Why not? One answer, of course, is the comic, satirical touch with which Kubrick treated the material, his use of Peter Sellers to play three different characters, and his method of actually tricking his actors into playing their roles more ridiculously than they would have otherwise. But in a deeper sense, Stranglove is about the loss of a capacity for the tragic. The characters, absorbed in utter banalities as they hurtle toward collective catastrophe, display no real grasp of the moral reality of their actions, because they’ve lost contact with the moral reality of the world they share. Dr. Strangelove, then, is a satire about the impossibility of tragedy.
In order to think about what this might mean, it’s helpful to turn to the idea, famously invoked by Hannah Arendt at the end of Eichmann in Jerusalem, of the banality of evil. As Arendt stressed in a later essay, the banality of evil is not a theory or a doctrine “but something quite factual, the phenomenon of evil deeds, committed on a gigantic scale, which could not be traced to any particularity of wickedness, pathology, or ideological conviction in the doer, whose only personal distinction was perhaps extraordinary shallowness.” Eichmann was no villainous monster or demon; rather, he was “terrifyingly normal,” and his chief characteristic was “not stupidity but a curious, quite authentic inability to think.” The inability to think has nothing to do with the capacity of strategizing, performing instrumental calculations, or “reckoning with consequences,” as Hobbes put it. Rather, thinking has to do with awakening the inner dialogue involved in all consciousness, the questioning of the self by the self, which Arendt says dissolves all certainties and examines anew all accepted dogmas and values.
According to Arendt, the socially recognized function of “clichés, stock phrases, adherence to conventional, standardized codes of expression and conduct” is to “protect us against reality”; their function is to protect us against the claim that reality makes on our thinking. This claim, which awakens the dissolving powers of thought, can be so destabilizing that we all must inure ourselves to some degree against it, so that ordinary life can go on at all. What characterized Eichmann is that “he clearly knew of no such claim at all.” Eichmann’s absorption in instrumental and strategic problem solving, on the one hand, and clichés and empty platitudes on the other, was total. The absence of thought, and with it the absence of judgment, ensured a total lack of contact with the moral reality of his actions. Hence the “banality” of his evil resides not in the enormity of the consequences of his actions, but in the depthless opacity of the perpetrator.
The characters in Dr. Strangelove are banal in precisely this sense. All of them—from the affable, hapless president, the red-blooded general, the vodka-swilling diplomat, the self-interested advisors and Dr. Strangelove himself—are silly cardboard cutouts, superficial stereotypes of characters that any lack depth, self-reflection or the capacity for communicating anything other than empty clichés. They are missing what Arendt called “the activity of thinking as such, the habit of examining and reflecting upon whatever happens to come to pass, regardless of specific content and quite independent of results…” They also lack any contact with the moral reality of their activity. All of their actions takes place in an increasingly claustrophobic series of confined spaces carefully sealed off by design: the war room, the military base, the bomber cockpit. The world—Arendt’s common world of appearances that constitutes the possibility of narrative and story telling—never appears at all; reality cannot break through.
The presence of some of Arendt’s core themes in Kubrick’s film should not come as a surprise. Although she dedicated very little attention in her published works to the problem of nuclear war, in an early draft of a text that would later become The Human Condition, Arendt claimed that two experiences of the 20th century, “totalitarianism and the atomic bomb – ignite the question about the meaning of politics in our time. They are fundamental experiences of our age, and if we ignore them it is as if we never lived in the world that is our world.” Moreover, the culmination of strategic statecraft in social scientific doctrines mandating the nuclear arms race reflects on some of the core themes Arendt identified with political modernity: the emergence of a conception of politics as a strategic use of violence for the purposes of protecting society.
Niccolò Machiavelli, a thinker for whom Arendt had a lot of admiration, helped inaugurate this modern adventure of strategic statecraft by reframing politics as l’arte della stato – the art of the state, which unlike the internal civic space of the republic, always finds itself intervening within an instrumental economy of violence. For Machiavelli the prince, shedding the persona of Ciceronian humanism, must be willing to become beastly, animal-like, to discover the virtues of the vir virtutis in the animal nature of the lion and the fox. If political modernity is inaugurated by Machiavelli’s image of the centaur, the Prince-becoming-beastly, Strangelove closes with a suitable 20th century corollary to the career of modern statecraft. It is the image of the amiable, good-natured “pilot” who never steers the machines he occupies but is himself steered by them, finally straddling and literally transforming himself into the Bomb. It is an image that, in our own age of remote drone warfare and the possible dawning of a new, not yet fully conceivable epoch of post-human violence, has not lost its power to provoke reflection.
In the most recent NY Review of Books, David Cole wonders if we've reached the point of no return on the issue of privacy:
“Reviewing seven years of the NSA amassing comprehensive records on every American’s every phone call, the board identified only one case in which the program actually identified an unknown terrorist suspect. And that case involved not an act or even an attempted act of terrorism, but merely a young man who was trying to send money to Al-Shabaab, an organization in Somalia. If that’s all the NSA can show for a program that requires all of us to turn over to the government the records of our every phone call, is it really worth it?”
Cole is beyond convincing in listing the dangers to privacy in the new national security state. Like many others in the media, he speaks the language of necessary trade-offs involved in living in a dangerous world, but suggests we are trading away too much and getting back too little in return. He warns that if we are not careful, privacy will disappear. He is right.
What is often forgotten and is absent in Cole’s narrative is that most people—at least in practice—simply don’t care that much about privacy. Whether snoopers promise security or better-targeted advertisements, we are willing to open up our inner worlds for the price of convenience. If we are to save privacy, the first step is articulating what it is about privacy that makes it worth saving.
Cole simply assumes the value of privacy and doesn’t address the benefits of privacy until his final paragraph. When he does come to explaining why privacy is important, he invokes popular culture dystopias to suggest the horror of a world without privacy:
More broadly, all three branches of government—and the American public—need to take up the challenge of how to preserve privacy in the information age. George Orwell’s 1984, Ray Bradbury’s Fahrenheit 451, and Philip K. Dick’s The Minority Report all vividly portrayed worlds without privacy. They are not worlds in which any of us would want to live. The threat is no longer a matter of science fiction. It’s here. And as both reports eloquently attest, unless we adapt our laws to address the ever-advancing technology that increasingly consumes us, it will consume our privacy, too.
There are two problems with such fear mongering in defense of privacy. The first is that these dystopias seem too distant. Most of us don’t experience the violations of our privacy by the government or by Facebook as intrusions. The second is that on a daily basis the fact that my phone knows where I am and that in a pinch the government could locate me is pretty convenient. These dystopian visions can appear not so dystopian.
Most writing about privacy simply assume that privacy is important. We are treated to myriad descriptions of the way privacy is violated. The intent is to shock us. But rarely are people shocked enough to actually respond in ways that protect the privacy they often say that they cherish. We have collectively come to see privacy as a romantic notion, a long-forgotten idle, exotic and even titillating in its possibilities, but ultimately irrelevant in our lives.
There is, of course, a reason why so many advocates of privacy don’t articulate a meaningful defense of privacy: It is because to defend privacy means to defend a rich and varied sphere of difference and plurality, the right and importance of people actually holding opinions divergent from one’s own. In an age of political correctness and ideological conformism, privacy sounds good in principle but is less welcome in practice when those we disagree with assert privacy rights. Thus many who defend privacy do so only in the abstract.
When it comes to actually allowing individuals to raise their children according to their religious or racial beliefs or when the question is whether people can marry whomever they want, defenders of privacy often turn tail and insist that some opinions and some practices must be prohibited. Over and over today, advocates of privacy show that they value an orderly, safe, and respectful public realm and that they are willing to abandon privacy in the name of security and a broad conception of civility according to which no one should have to encounter opinions and acts that give them offense.
The only major thinker of the last 100 years who insisted fully and consistently on the crucial importance of a rich and vibrant private realm is Hannah Arendt. Privacy, Arendt argues, is essential because it is what allows individuals to emerge as unique persons in the world. The private realm is the realm of “exclusiveness,” it is that realm in which we “choose those with whom we wish to spend our lives, personal friends and those we love.” The private choices we make are guided by nothing objective or knowable, “but strikes, inexplicably and unerringly, at one person in his uniqueness, his unlikeness to all other people we know.” Privacy is controversial because the “rules of uniqueness and exclusiveness are, and always will be, in conflict with the standards of society.” Arendt’s defense of mixed marriages (and by extension gay marriages) proceeds—no less than her defense of the right of parents to educate their children in single-sex or segregated schools—from her conviction that the uniqueness and distinction of private lives need to be respected and protected.
Privacy, for Arendt, is connected to the “sanctity of the hearth” and thus to the idea of private property. Indeed, property itself is respected not on economic grounds, but because “without owning a house a man could not participate in the affairs of the world because he had no location in it which was properly his own.” Property guarantees privacy because it enforces a boundary line, “ kind of no man’s land between the private and the public, sheltering and protecting both.” In private, behind the four walls of house and heath, the “sacredness of the hidden” protects men from the conformist expectations of the social and political worlds.
In private, shaded from the conformity of societal opinions as well from the demands of the public world, we can grow in our own way and develop our own idiosyncratic character. Because we are hidden, “man does not know where he comes from when he is born and where he goes when he dies.” This essential darkness of privacy gives flight to our uniqueness, our freedom to be different. It is privacy, in other words, that we become who we are. What this means is that without privacy there can be no meaningful difference. The political importance of privacy is that privacy is what guarantees difference and thus plurality in the public world.
Arendt develops her thinking on privacy most explicitly in her essays on education. Education must perform two seemingly contradictory functions. First, education leads a young person into the public world, introducing them and acclimating them to the traditions, public language, and common sense that precede him. Second, education must also guard the child against the world, care for the child so that “nothing destructive may happen to him from the world.” The child, to be protected against the destructive onslaught of the world, needs the privacy that has its “traditional place” in the family.
Because the child must be protected against the world, his traditional place is in the family, whose adult members return back from the outside world and withdraw into the security of private life within four walls. These four walls, within which people’s private family life is lived, constitute a shield against the world and specifically against the public aspect of the world. This holds good not only for the life of childhood but for human life in general…Everything that lives, not vegetative life alone, emerges from darkness and, however, strong its natural tendency to thrust itself into the light, it nevertheless needs the security of darkness to grow at all.
The public world is unforgiving. It can be cold and hard. All persons count equally in public, and little if any allowance is made for individual hardships or the bonds of friendship and love. Only in privacy, Arendt argues, can individuals emerge as unique individuals who can then leave the private realm to engage the political sphere as confident, self-thinking, and independent citizens.
The political import of Arendt’s defense of privacy is that privacy is what allows for meaningful plurality and differences that prevent one mass movement, one idea, or one opinion from imposing itself throughout society. Just as Arendt valued the constitutional federalism in the American Constitution because it multiplied power sources through the many state and local governments in the United States, so did she too value privacy because it nurtures meaningfully different and even opposed opinions, customs, and faiths. She defends the regional differences in the United States as important and even necessary to preserve the constitutional structure of dispersed power that she saw as the great bulwark of freedom against the tyranny of the majority. In other words, Arendt saw privacy as the foundation not only of private eccentricity, but also of political freedom.
Cole offers a clear-sighted account of the ways that government is impinging on privacy. It is essential reading and it is your weekend read.
Peter Singer writes of the suddenly divergent attitudes toward the two greatest mass murderers of the 20th Century, Hitler and Stalin: “Hitler and Stalin were ruthless dictators who committed murder on a vast scale. But, while it is impossible to imagine a Hitler statue in Berlin, or anywhere else in Germany, statues of Stalin have been restored in towns across Georgia (his birthplace), and another is to be erected in Moscow as part of a commemoration of all Soviet leaders.” When Putin was asked recently about his plan to erect statues of Stalin, he justified it by comparing Stalin to Oliver Cromwell: “Asked about Moscow’s plans for a statue of Stalin, he pointed to Oliver Cromwell, the leader of the Parliamentarian side in the seventeenth-century English Civil War, and asked: “What’s the real difference between Cromwell and Stalin?” He then answered his own question: “None whatsoever,” and went on to describe Cromwell as a “cunning fellow” who “played a very ambiguous role in Britain’s history.” (A statue of Cromwell stands outside the House of Commons in London.)”
The idea behind Putin’s analogy seems to be that great leaders often need to commit crimes or atrocities. Cromwell was undoubtedly brutal to the Irish. Similarly, Stonewall Jackson was brutal to the South, but he is still honored by many. Of course, Stalin killed people as well, but he also won WWII against Hitler and elevated the Soviet Union to superpower status. The moral seems to be that great leaders often must dare to act in morally questionable ways, which does not disqualify them as great leaders worthy of commemoration: To make an omelet, goes the saying, you must break a few eggs.
Singer wants to argue, rightly, that there is a difference between leaders like Cromwell and someone like Stalin. His answer, however, is simply that Stalin was responsible for more deaths than Cromwell:
“Unlike Cromwell, Stalin was responsible for the deaths of very large numbers of civilians, outside any war or military campaign. According to Timothy Snyder, author of Bloodlands, 2-3 million people died in the forced labor camps of the Gulag and perhaps a million were shot during the Great Terror of the late 1930’s. Another five million starved in the famine of 1930-1933, of whom 3.3 million were Ukrainians who died as a result of a deliberate policy related to their nationality or status as relatively prosperous peasants known as kulaks.”
It is insufficient, however, to say that Stalin differs from Cromwell only in the number of people he killed. For one thing, the Irish population Cromwell had to suppress was significantly smaller than the European Jews or the Russian peasants. By one estimate, Cromwell killed nearly one-third of the million-and-a-half Catholics living in Ireland, all within a nine-month siege. While most of those fatalities were soldiers, many also were priests and civilians. Singer’s retreat to a numerical distinction is simply too easy and does not take seriously enough the question: What, if anything, distinguishes Cromwell from Stalin?
Cromwell’s conquest and pacification of Ireland was truly brutal. In a mere nine months, he and his Ironsides killed over 500,000 people. Further, Cromwell characterized and justified his killing as God’s work. In one letter justifying his particularly bloody victory in Drogheda, he wrote: “This is a righteous judgment of God upon these barbarous wretches, who have imbrued their hands in so much innocent blood.... it will tend to prevent the effusion of blood for the future, which are satisfactory grounds to such actions, which otherwise work remorse and regret.” A crusader for England, Cromwell can be seen both as an unprincipled warrior and as one of the great defenders and proponents of a uniquely English brand of political virtue. It is that ambiguity that allows him to be both reviled and also memorialized in England.
For all his incomparable evil, Stalin led the Soviet Union through its war with Germany. The Soviet resistance in the Battle of Leningrad is legendary. And Stalin ultimately led his country to a victory over the Nazis and elevated it to become one of the world’s two 20th century superpower. He is a hero for many Russians. Sure, many also hate him; but so do many Irish and Scottish citizens of the United Kingdom disdain and hate Cromwell. Cromwell is memorialized in spite of these hatreds. Should Stalin not be memorialized for this contribution to Russian and Soviet history?
To answer that question, it is important to realize also how Stalin differs from Cromwell. What Stalin brought to politics was a totalitarian ideology, a politics that, as Hannah Arendt argues in “Image of Hell,” “invariably appears in the clothes of an inevitable logical conclusion made on the basis of some ideology or theory.” Stalin’s mass killings were “justified” by his scientific theories of history, and the murdered were assigned to the “dying classes” whose deaths were justified because they stood on the wrong side of the march of historical progress. That only Stalin could know the “true interests of the proletariat” was simply one component of the general Stalinist program that imagined entire populations to be representatives of a “hostile class.”
The technical method that Stalin, like Hitler, hit upon to support their ideologies was terror. For Arendt, Stalinism and Nazism are united in their reliance upon scientific ideologies held in place by apparatuses of terror. They differ in that the Nazi ideology calls upon nature and race to mark its enemies, while the Stalinist ideology turns to history. Racial ideologies are “more thorough and more horrible than the Marxist or pseudo-Marxists” or Stalinist varieties, but both are devastating insofar as the reliance on “science” sweeps away all opposition and all limiting factors. By adding to the reality of political power a “superstitious belief in the eternity of that power,” scientific totalitarianisms magnify their self-justifications and thus enable the most extreme and unlimited doing of evil.
The difference between someone like Cromwell versus figures like Stalin and Hitler is that the latter employed unlimited terror in pursuit of the impossible victory of supposedly scientific absolute idea—be it the idea of a master race or a socialist utopia. Cromwell may have thought his was a divine task, but he did not arbitrarily decide that innocent people were suddenly enemies of the people, to be eliminated either on account of their religion, race, or supposed class interest. In short, Cromwell may have been a rabid and morally compromised political leader, but he was still engaged in a politics of interest, not a crusade of terror that dehumanized people according to quasi-scientific theories.
Stalin’s crime was not simply to kill masses of people, for Cromwell and many other heroes have done that as well. What Stalin did is institute an entire totalitarian edifice in which the entire Soviet people were ruled by terror and fear. Stalin’s totalitarian government was not morally ambiguous in the sense of Cromwell’s, it was an amoral and immoral system in which anything could be justified in the name of power and control. To memorialize Stalin is—in spite of his undeniable importance for modern day Russia—is to look the other way not simply at mass murder, but at a totalitarian system of government that eviscerates freedoms for everyone. It is that horrific message that President Putin seems not to understand—or maybe he just doesn’t find it so horrific.
Here is Peter Singer’s attempt to distinguish Stalin from Cromwell. It is your weekend read.
This post was originally published on December 2, 2011.
Eight years ago this week, Michael Ignatieff accepted the Hannah Arendt Prize in Bremen. Ignatieff's acceptance speech spoke of Hannah Arendt as an example, as an intellectual whose work and persona had inspired and guided him on his own course. As is appropriate, he praises Arendt and also challenges her, finding in his disagreements an intense respect for the provocation and courage of her thinking. Arendt inspires, Ignatieff concludes, because she is skeptical, dispassionate, and free. His speech is one of the best accounts of what makes Arendt so compelling as a thinker. I recommend it to you as this week’s Weekend read.
What most strikes Ignatieff about Arendt is her intellectual authority. He writes:
She was an example, first, because she created her own authority. She arrived in New York as a penniless refugee and by her death was widely respected as a public intellectual. She achieved authority by the power of thought. By authority, I mean that she was listened to, respected and widely regarded as a wise woman. I also mean that her influence has survived her and that the argument about her work continues a generation after her death.
Arendt's authority flows from commitment to ideas, to, in Ignatieff's words, an "intellectual life, that was free of any alliance with power, ideology, religion or coercive force." Neither a liberal nor a conservative, Arendt sought simply to think, and rethink, what we are doing. Again, Ignatieff characterizes her beautifully:
She defended a life of the mind connected to the idea of persuasion: the free changing of a mind in interaction with a logical argument or a claim about the world grounded in evident or falsifiable facts. She was attentive to facts, understood the discipline they impose on thought, appreciated the moral code of empirical scholarship, the proposition that if the theory does not fit the facts, the theory must be changed. This is a moral idea simply because it requires people to admit that they are wrong, and since nobody likes to, everyone can find a morally dubious way to avoid doing so. Facts are stubborn things, and intellectual life has no essential morality unless it submits arguments to the discipline of such facts as we can discover about ourselves and the world we live in.
Arendt's insistence on facts beyond ideology and politics made her old-fashioned to some. While everyone has a right to their opinion, she insisted that facts are sacrosanct, and no one has a right to change facts. Fidelity to facts meant for her a fidelity to living in a world with others, a shared world, one in which our disagreements cannot include disagreements over the unquestionable factual truths that make up our common world.
It is on the question of one such fact, however, that Ignatieff disagrees with Arendt. In her book Eichmann in Jerusalem, Arendt brought attention to the complicity of Jewish leaders who, during WWII, supplied Nazi leaders with lists of Jews and organized their fellow Jews for transport to concentration and death camps. A few resigned. Fewer committed suicide or resisted. But the majority collaborated.
These Jewish leaders often defended their actions as a lesser evil, keeping order where otherwise disorder might have reigned. But Arendt noted that they also kept themselves and their families off the transport lists. These were facts. While many Jews thought these facts should be hidden, Arendt insisted on telling the whole truth. Arendt argued that it is always right to tell the truth, no matter the consequences.
What is more, Arendt had the temerity to judge the Jewish leaders for their complicity. The Jewish leaders, she wrote, had defended their actions by the argument of the "lesser evil"— that their cooperation allowed them to save some Jews (themselves included) and was therefore a lesser evil; if they had simply handed the responsibility for selecting and organizing the Jews to the Nazis, that would have been worse.
For Arendt, this argument of the lesser evil was in form, although not in significance or import, the very same argument Eichmann employed. It was even closer to the actions of normal, average, everyday Germans who chose to work within the Nazi bureaucracy and legal system, justifying their actions by saying that if they resigned, others, even more heartless, would take their places. What unites the German civil servants and the Jewish leaders in Arendt’s telling is their willingness to justify morally suspect actions in the name of doing an unethical job as ethically as possible.
It is important to recall that Arendt did not advocate punishing the Jewish leaders. Hers was not a legal judgment. But she did insist that they should bear moral responsibility for their actions. In short, they had put their own safety and the safety of their friends and families above their obligations to those other Jews who were under their care. In short, they had valued the lives of some over others and cooperated in the selection of some for extermination.
Arendt's argument of the formal similarity between the complicity of the Jewish leader and German bureaucrats was, Ignatieff argues, a mistake. It is worth hearing his argument at length. He writes:
Arendt had assumed that the choices that Jewish leaders made under Nazi occupation ought to be judged by the same standards of accountability to be applied to the perpetrators. She quoted her friend Mary McCarthy as saying, “If somebody points a gun at you and says, “Kill your friend or I will kill you”, he is tempting you, that is all.”
Arendt maintained that while it might not be possible to resist direct coercion, it was possible to resist temptation. This standard applied equally to perpetrators and accomplices. Without holding on to such a distinction, Arendt claimed, personal responsibility would be lost altogether.
Yet while it is a temptation for the perpetrator to say: “Kill your friend or I will kill you”, the victim so compelled is under a very direct form of coercion. Arendt has elided two very different experiences: the German perpetrator who could disobey orders that entailed telling others to kill and a Jewish collaborator who knew that the choices were between everyone dying and some dying, between dying then or dying later.
“I was told, “Arendt later said angrily, “that judging itself was wrong: no one can judge who had not been there.” But it was one thing to insist on the right to judge Eichmann and his kind, another thing to claim the equivalent right to judge—and condemn—the conduct of Jewish collaborators. The second case required a different kind of judgment, one that does not confuse understanding and forgiveness, but which does insist on empathy as a prelude to judgment. Empathy is not the same as sympathy. Empathy here means the capacity to enter into the moral world of those faced with intolerable choices and understand how these choices could be made. Empathy implies a capacity to discriminate between the condemnation appropriate to a perpetrator and that of his Jewish accomplice. The accusation here is fundamental: that in making ethical judgment the central function of intellectual life, and its chief claim of authority, Arendt had lacked the one essential feature of judgment: compassion.
There are a few things to say about Ignatieff's critique. First, he assumes that for the Jewish collaborators the choice was between "everyone dying and some dying, between dying then or dying later." Arendt disputes that fact. She denies that Jewish collaboration saved more lives than non-collaboration would have. Indeed, she argues that if the Jews had refused to collaborate, many fewer Jews would have been killed. The ensuing chaos would have afforded many Jews the chance to escape and would have inspired others to resist. Further, the complicity of Jewish leaders eased the Nazi's job and provided labor and legitimacy that expedited the efficiency of the final solution. It is simply wrong, Arendt insists, to see the choice as one of dying now or dying later. One cannot know the results of action, which always begins anew and is unpredictable in its consequences. Jewish resistance in place of collaboration, she argues, might have saved lives. It would have required courage, however, that the leaders risk their own lives.
Second, Ignatieff argues that Arendt was wrong to judge the collaborators and that in doing so she denied them the empathy and compassion that are essential features of judgment. Here Ignatieff and Arendt have a real difference of opinion, and it is one worth thinking about.
Ignatieff insists that judgment requires compassion. We should get to know the person being judged, empathize with his plight, and make allowance for his wrongs based on the circumstances. Against this view, Arendt insists that compassion—which is an essential and praiseworthy trait in the personal realm—must be kept out of the political realm and divorced from questions of judgment.
Compassion with another requires an engagement with another in their singularity. Indeed, it is just such a lack of compassion with those Jews under their care that was absent on the part of the Jewish leaders and that allowed them to act such as they did. Instead of compassion, the Jewish leaders treated their fellow Jews with pity. The leaders eased the plight of their subjects by treating them pitifully and softly as they sent them off to die, but they were able to do so only by avoiding the true empathy of compassion that would have made such action impossible. If the Jewish leaders really had compassion, they could never have handed them over to the Nazis to be killed. In fact, it is this willingness to subordinate their compassion and singular relation to those they were responsible for, to the political logic of means-ends rationality that bothered Arendt.
What most bothered Arendt, however, was that the Jewish leaders judged it better to do wrong by sending others off to die than to suffer wrong themselves. This putting of their own self-interest above the moral requirement not to do wrong was, she argued, a violation of the fundamental moral law first announced by Socrates; that it is better to suffer wrong than to do wrong. It is for their poor moral judgment that Arendt judges them.
While the leaders should have showed compassion for those in their care, Arendt insists that a judge should not. Judgment requires distance. It is from her distant perch as a conscious pariah—an outsider who refuses to let compassion enter her judgments—that Arendt found the moral authority with which to judge the Jewish leaders. On the need for such judgment, she and Ignatieff simply disagree.
Enjoy Ignatieff's speech. It is a shining example of how to accept an award with gratitude—appropriate for a post-Thanksgiving read. And let us know what you think.
“Having said this, I must deal immediately and at some length with the question of violence.”
“Sometimes ‘violence is the only way of ensuring a hearing for moderation.’”
—Hannah Arendt citing Conor Cruise O’Brien, On Violence
Nelson Mandela gave one of the great speeches of 20th century at his trial before the South African Supreme Court in Pretoria in 1964. Mandela’s speech is best remembered for the ringing conclusion in which he articulates the ideals of free and democratic life as that “ideal for which I am prepared to die.” Six months after Martin Luther King Jr. delivered his “I have a dream speech” from the Mall in Washington, DC, Mandela ended his own speech before being sentenced to life imprisonment with these words:
During my lifetime I have dedicated myself to this struggle of the African people. I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and to achieve. But if needs be, it is an ideal for which I am prepared to die.
Mandela died yesterday and he will be rightly remembered for both his vision and his courage.
I want to focus on another aspect of his legacy, however, the question of violence. Often forgotten by those who quote only the final paragraph of Mandela’s speech, much of his speech is an exploration of the need for and proper revolutionary use of violence. Indeed, after a brief introduction in which Mandela reminds the Court that he holds a bachelor’s degree, that he is a lawyer, and that he was raised to revere his tribal forebears who fought in defense of their fatherland, he comes to the question of violence. “Having said this,” he says, “I must deal immediately and at some length with the question of violence.”
What follows is one of the most thoughtful and subtle reflections on the strategic and moral complications of violence we have. It is worth citing at length, and even this summary barely does Mandela justice. But here is Mandela’s argument for a limited campaign of violence in response to the violence of the South African state:
I do not, however, deny that I planned sabotage. I did not plan it in a spirit of recklessness, nor because I have any love of violence. I planned it as a result of a calm and sober assessment of the political situation that had arisen after many years of tyranny, exploitation, and oppression of my people by the whites.
I admit immediately that I was one of the persons who helped to form Umkhonto we Sizwe, and that I played a prominent role in its affairs until I was arrested in August 1962….
In order to explain these matters properly, I will have to explain what Umkhonto set out to achieve; what methods it prescribed for the achievement of these objects, and why these methods were chosen. I will also have to explain how I became involved in the activities of these organisations.
I deny that Umkhonto was responsible for a number of acts which clearly fell outside the policy of the organisation, and which have been charged in the indictment against us. I do not know what justification there was for these acts, but to demonstrate that they could not have been authorised by Umkhonto, I want to refer briefly to the roots and policy of the organisation.
I have already mentioned that I was one of the persons who helped to form Umkhonto. I, and the others who started the organisation, did so for two reasons. Firstly, we believed that as a result of Government policy, violence by the African people had become inevitable, and that unless responsible leadership was given to canalise and control the feelings of our people, there would be outbreaks of terrorism which would produce an intensity of bitterness and hostility between the various races of this country which is not produced even by war. Secondly, we felt that without violence there would be no way open to the African people to succeed in their struggle against the principle of white supremacy. All lawful modes of expressing opposition to this principle had been closed by legislation, and we were placed in a position in which we had either to accept a permanent state of inferiority, or to defy the government. We chose to defy the law. We first broke the law in a way which avoided any recourse to violence; when this form was legislated against, and then the government resorted to a show of force to crush opposition to its policies, only then did we decide to answer violence with violence.
But the violence which we chose to adopt was not terrorism…..
I must return to June 1961. What were we, the leaders of our people, to do? Were we to give in to the show of force and the implied threat against future action, or were we to fight it and, if so, how?
We had no doubt that we had to continue the fight. Anything else would have been abject surrender. Our problem was not whether to fight, but was how to continue the fight. We of the ANC had always stood for a non-racial democracy, and we shrank from any action which might drive the races further apart than they already were. But the hard facts were that fifty years of non-violence had brought the African people nothing but more and more repressive legislation, and fewer and fewer rights. It may not be easy for this court to understand, but it is a fact that for a long time the people had been talking of violence - of the day when they would fight the white man and win back their country - and we, the leaders of the ANC, had nevertheless always prevailed upon them to avoid violence and to pursue peaceful methods. When some of us discussed this in May and June of 1961, it could not be denied that our policy to achieve a non-racial state by non-violence had achieved nothing, and that our followers were beginning to lose confidence in this policy and were developing disturbing ideas of terrorism.
It must not be forgotten that by this time violence had, in fact, become a feature of the South African political scene. There had been violence in 1957 when the women of Zeerust were ordered to carry passes; there was violence in 1958 with the enforcement of cattle culling in Sekhukhuniland; there was violence in 1959 when the people of Cato Manor protested against pass raids; there was violence in 1960 when the government attempted to impose Bantu authorities in Pondoland. Thirty-nine Africans died in these disturbances. In 1961 there had been riots in Warmbaths, and all this time the Transkei had been a seething mass of unrest. Each disturbance pointed clearly to the inevitable growth among Africans of the belief that violence was the only way out - it showed that a government which uses force to maintain its rule teaches the oppressed to use force to oppose it. Already small groups had arisen in the urban areas and were spontaneously making plans for violent forms of political struggle. There now arose a danger that these groups would adopt terrorism against Africans, as well as whites, if not properly directed. Particularly disturbing was the type of violence engendered in places such as Zeerust, Sekhukhuniland, and Pondoland amongst Africans. It was increasingly taking the form, not of struggle against the government - though this is what prompted it - but of civil strife amongst themselves, conducted in such a way that it could not hope to achieve anything other than a loss of life and bitterness.
At the beginning of June 1961, after a long and anxious assessment of the South African situation, I, and some colleagues, came to the conclusion that as violence in this country was inevitable, it would be unrealistic and wrong for African leaders to continue preaching peace and non-violence at a time when the government met our peaceful demands with force.
This conclusion was not easily arrived at. It was only when all else had failed, when all channels of peaceful protest had been barred to us, that the decision was made to embark on violent forms of political struggle, and to form Umkhonto we Sizwe. We did so not because we desired such a course, but solely because the government had left us with no other choice. In the Manifesto of Umkhonto published on 16 December 1961, which is exhibit AD, we said:
"The time comes in the life of any nation when there remain only two choices - submit or fight. That time has now come to South Africa. We shall not submit and we have no choice but to hit back by all means in our power in defence of our people, our future, and our freedom."
This was our feeling in June of 1961 when we decided to press for a change in the policy of the National Liberation Movement. I can only say that I felt morally obliged to do what I did….
Four forms of violence were possible. There is sabotage, there is, there is terrorism, and there is open revolution. We chose to adopt the first method and to exhaust it before taking any other decision.
In the light of our political background the choice was a logical one. Sabotage did not involve loss of life, and it offered the best hope for future race relations. Bitterness would be kept to a minimum and, if the policy bore fruit, democratic government could become a reality. This is what we felt at the time, and this is what we said in our manifesto (exhibit AD):
"We of Umkhonto we Sizwe have always sought to achieve liberation without bloodshed and civil clash. We hope, even at this late hour, that our first actions will awaken everyone to a realisation of the disastrous situation to which the nationalist policy is leading. We hope that we will bring the government and its supporters to their senses before it is too late, so that both the government and its policies can be changed before matters reach the desperate state of civil war."
The initial plan was based on a careful analysis of the political and economic situation of our country. We believed that South Africa depended to a large extent on foreign capital and foreign trade. We felt that planned destruction of power plants, and interference with rail and telephone communications, would tend to scare away capital from the country, make it more difficult for goods from the industrial areas to reach the seaports on schedule, and would in the long run be a heavy drain on the economic life of the country, thus compelling the voters of the country to reconsider their position.
Attacks on the economic life-lines of the country were to be linked with sabotage on government buildings and other symbols of apartheid. These attacks would serve as a source of inspiration to our people. In addition, they would provide an outlet for those people who were urging the adoption of violent methods and would enable us to give concrete proof to our followers that we had adopted a stronger line and were fighting back against government violence.
In addition, if mass action were successfully organised, and mass reprisals taken, we felt that sympathy for our cause would be roused in other countries, and that greater pressure would be brought to bear on the South African government.
This then was the plan. Umkhonto was to perform sabotage, and strict instructions were given to its members right from the start, that on no account were they to injure or kill people in planning or carrying out operations.
It is strange today to hear politicians of all stripes praising Mandela for his statesmanship when they, for years, condemned his embrace of violence and arrested those in the U.S. who—following Mandela’s own tactics—chained themselves to fences to oppose the U.S. government’s support of the apartheid regime in South Africa. It is true that Mandela lived numerous lives. As a young man, he was part of a royal tribal household. As a young adult, he was a lawyer. Later he was a non-violent leader. Still later, he turned to limited and rationalized use of violence. For 27 years he paid for his crimes in prison and then emerged a statesman, one committed to reconciliation, freedom, and multicultural democracy. Finally, when he stepped down from the Presidency after one term he helped assure South Africa’s democratic future and became an elder statesman in the truest sense of the word.
To understand the complexities of Mandela’s limited turn to sabotage (as opposed to terrorism in his words), it is helpful to consider Hannah Arendt’s essay On Violence, originally published in the New York Review of Books in 1969. Violence, writes Arendt, is at root instrumental. It is a means to an end. And sometimes, violence can yield positive and even moderate results, Arendt claims, citing Conor Cruise O’Brien: “Sometimes ‘violence is the only way of ensuring a hearing for moderation.’”
As did Mandela, Arendt well understood that violence can be a useful and important means in struggles for justice. She points to numerous of examples where violence has worked to promote justice: “France would not have received the most radical bill since Napoleon to change its antiquated education system if the French students had not rioted; if it had not been for the riots of the spring term, no one at Columbia University would have dreamed of accepting reforms; and it is probably quite true that in West Germany the existence of ‘dissenting minorities is not even noticed unless they engage in provocation.’” Violence can, and often does, make injustice visible to a citizenry that is blind to it. Because violence can “serve to dramatize grievances and bring them to public attention,” violence can serve the cause of reform and also of justice.
We must take Arendt and Mandela’s point seriously. Violence is a means to an end. Violence can work. “No doubt, ‘violence pays.’” Violence can yield results.
But Arendt is not an advocate for violence. Violence can pay, she writes, but “the trouble is that it pays indiscriminately.” And this is where the use of violence becomes dangerous.
The danger in using violence as a means is that when “applied to human affairs,” violence as a means has a tendency to overwhelm whatever good ends towards which it aims. Too often, violence will lead those in power to respond with sham reforms designed to end violence. They will seek the path of least resistance, instituting reforms that are often the wrong reforms. Arendt offers the example of the way that the student university protests of the 60s led to new courses in Swahili and “admitting students without the necessary qualifications” instead of real reform of the entire educational system.
What is more, violence—precisely because it is effective—has a tendency to promote more violence in response. If violence in the name of justice doesn’t achieve its ends quickly, the likely result is not justice, but more violence: “The practice of violence, like all action, changes the world, but the most probable change is to a more violent world.”
To read Mandela’s speech from 1964 is to encounter someone who thought through the promise and danger of violence in precisely the rational way that Arendt call for. The question we should ask is whether the turn to violence by the ANC in South Africa—even the limited, rational, and property-oriented violence Mandela embraced—promoted or retarded the cause for reform? Was it the ANC’s violence that led, 30 years later, to the reform of South Africa? Or was it Mandela’s dignity in prison and his emergence as a force for peace and reconciliation? Let’s celebrate Mandela as a hero this week. But let’s also ask: Was he right about violence?
It is now more than 50 years since Hannah Arendt published Eichmann in Jerusalem. It is neither her best nor her most important book, yet it does contain essential and important insights. Above all, it offers us the example of a man who, as Arendt saw and understood him, moved fairly seamlessly from being an anti-Semite to a genocidal murderer. Arendt asked: How is it that Eichmann and others like him morphed so easily from an anti-Semite to a mass murderer?
Arendt’s book is justly famous because it posed this deeply important question and offered an answer that has, over time, come to be seen as persuasively right. In short, it is the case that modern systems of administratively organized murder and criminality depend upon the collaboration and work of many people who, while they support the general goals of the regime, would not otherwise imagine themselves criminals and murderers. These people act out of conviction, but they seek to justify what they do in clichés and bureaucratic language. They take pride not only in their dutifulness, but also in their initiative and support for carrying out the goals of the regime. Ordinary in many ways and far from being cold-blooded killers, they nevertheless willingly and even enthusiastically participate in an administrative machinery of death. They are able to do so, Arendt suggested, because they close themselves off from others and come to think in an echo chamber where they hear and credit no opinions that challenge their own. This shallow thoughtlessness—Arendt elsewhere calls dumbness—is what she names the banality that allows modern regimes of evil to cause such horrifically and decidedly non-banal evil.
What amazes me is how the centrality of her insight is still clouded over by an exaggerated and misplaced anger and contempt. How is it that 50 years after her book appeared and 75 years after Kristallnacht, some American intellectuals still have little better to do than attack Arendt for the tone of her book, the offense of certain phrases, and her use of the word “banal”? Aren’t there more important questions than the ultimately unknowable question of whether Eichmann—the example Arendt used—was or was not truly thoughtless? There must be more important things for intellectuals to be indignant about.
A case in point is the two-part series of essays published by Mark Lilla in the last two issues of the New York Review of Books. Lilla, a distinguished Professor of the Humanities at Columbia University in New York, begins the second of his essays, “The Defense of a Jewish Collaborator,” with these reflections:
A half-century has passed since Hannah Arendt’s Eichmann in Jerusalem was first published. Yet somehow we can’t escape it. Even today historians of the Final Solution do battle with her misguided thesis that Adolf Eichmann, the cold-blooded engineer of the Nazi killing machine, was himself but a cog in it, a self-deceived simpleton who made evil seem banal.
If Lilla is so upset that so much attention is lavished on Arendt’s book, why does he once again begin with it? Moreover, why does he insist on criticizing Arendt for things she never said? Let’s consider Lilla’s characterizations of Arendt’s arguments—characterizations that are tossed off, repeated by many, and quite simply are false.
Lilla first accuses Arendt of calling Eichmann “a cog” in the Nazi killing machine. This is a common complaint, one made famous by Deborah Lipstadt, whom Lilla cites approvingly. But where does Arendt say this? The simple answer is nowhere.
The “cog theory” comes up sparingly in Eichmann in Jerusalem, but wherever it does, Arendt decidedly rejects it. Consider this paragraph from section IV of her report, where she discusses what she calls “Eichmann's muddled general outlook and ideology with respect to “the Jewish question.”” She writes:
Eichmann admitted, as he had in the Sassen interview, that he “did not greet his assignment with the apathy of an ox being led to his stall,” that he had been very different from those colleagues “who had never read a basic book [i.e., Herzl's Judenstaat], worked through it, absorbed it, absorbed it with interest,” and who therefore lacked “inner rapport with their work.” They were “nothing but office drudges,” for whom everything was decided “by paragraphs, by orders, who were interested in nothing else,” who were, in short, precisely such “small cogs” as, according to the defense, Eichmann himself had been. If this meant no more than giving unquestioning obedience to the Führer's orders, then they had all been small cogs - even Himmler, we are told by his masseur, Felix Kersten, had not greeted the Final Solution with great enthusiasm, and Eichmann assured the police examiner that his own boss, Heinrich Müller, would never have proposed anything so “crude” as “physical extermination.” Obviously, in Eichmann's eyes the small-cog theory was quite beside the point. Certainly he had not been as big as Mr. Hausner tried to make him; after all, he was not Hitler, nor, for that matter, could he compare himself in importance, as far as the “solution” of the Jewish question was concerned, with Müller, or Heydrich, or Himmler; he was no megalomaniac. But neither was he as small as the defense wished him to be.
Arendt revisits the “cog theory in her postscript. Here is what she writes there:
We heard the protestations of the defense that Eichmann was after all only a “tiny cog” in the machinery of the Final Solution, and of the prosecution, which believed it had discovered in Eichmann the actual motor. I myself attributed no more importance to both theories than did the Jerusalem court, since the whole cog theory is legally pointless and therefore it does not matter at all what order of magnitude is assigned to the “cog” named Eichmann. In its judgment the court naturally conceded that such a crime could be committed only by a giant bureaucracy using the resources of government. But insofar as it remains a crime - and that, of course, is the premise for a trial - all the cogs in the machinery, no matter how insignificant, are in court forthwith transformed back into perpetrators, that is to say, into human beings. (italics added)
In the only mentions of the “cog theory” in her book, Arendt dismisses it as untrue and shows how even Eichmann rejected the cog theory and took pride in seeing himself as someone driven by conviction rather than by mere obedience. What Eichmann believed in is difficult to discern, which is why Arendt calls his thinking on the Jewish Question “muddled.” By this she means, it is unclear what were Eichmann’s real motivations. At times Eichmann spoke of helping the Jews emigrate (his first job from 1933-1939). At other times he said he “regarded the Jews as opponents with respect to whom a mutually acceptable, a mutually fair solution had to be found.” Arendt assumed he was an anti-Semite as well and discredited his claims of philo-Semitism. In the end, she found his thinking muddled. What was clear, is that Eichmann supported the Nazis enthusiastically. He was hardly a mere cog.
I hope we can put the “cog theory” to rest once and for all. It is repeated ad nauseum. But nowhere does Arendt embrace it. On the contrary, she rejects it.
Lilla also writes that Arendt “made evil seem banal.” One wonders what he means by such a statement. In fact, Arendt contrasts the horrific evil of the Holocaust with Eichmann’s inability to think from the perspective of others—banality not of what he did (evil), but of his person. When Arendt comes to actually offer her own opinion on what should happen to Eichmann—that he must be killed—she argues the true reason he needs to be executed is simply because of the extraordinary evil he has done.
That “evil violates a natural harmony” is, Arendt writes, the non-banal and “supreme justification” for why Eichmann must be executed. Against modern criminal law theories that see punishment as a response to the intent of the wrongdoer, Arendt argues the opposite: that Eichmann must be punished—regardless of his intent—because of the evil he has done. Here is what she says:
Foremost among the larger issues at stake in the Eichmann trial was the assumption current in all modern legal systems that intent to do wrong is necessary for the commission of a crime. On nothing, perhaps, has civilized jurisprudence prided itself more than on this taking into account of the subjective factor. Where this intent is absent, where, for whatever reasons, even reasons of moral insanity, the ability to distinguish between right and wrong is impaired, we feel no crime has been committed. We refuse, and consider as barbaric, the propositions “that a great crime offends nature, so that the very earth cries out for vengeance; that evil violates a natural harmony which only retribution can restore; that a wronged collectivity owes a duty to the moral order to punish the criminal” (Yosal Rogat). And yet I think it is undeniable that it was precisely on the ground of these long-forgotten propositions that Eichmann was brought to justice to begin with, and that they were, in fact, the supreme justification for the death penalty. Because he had been implicated and had played a central role in an enterprise whose open purpose was to eliminate forever certain “races” from the surface of the earth, he had to be eliminated.
The evil of the Holocaust was barbaric. It violated the order of the universe. To say that Arendt saw evil as banal is simply a willful misreading of her book.
The word “banality” appears once in a book of 250 pages that is filled with expressions of shock and horror at Nazi doings of evil. When Arendt does speaks not simply of the “banality of evil,” but of the “fearsome, word-and-thought defying banality of evil,” she refers to Eichmann and people like him who are able to justify their participation in truly evil acts by justifying themselves according to clichés, rationalizations, and deceptions. To do so, she argues, requires a lack of thinking, where thinking is understood as thinking from the perspectives of others. That is the kind of shallow banality that enables ordinary men to do evil. It is hardly to describe evil itself as banal.
Finally, in Lilla’s first essay on Arendt (thinly disguised as a review of the new film by Margarethe von Trotta), Lilla trades in the lately popular fallacy that newly discovered interviews of Eichmann by Dutch Nazi Willem Sassen prove Arendt mistaken about Eichmann. Lilla claims that a quotation full of ellipses offers such glaring proof of Eichmann’s thoughtful monstrousness that, had Arendt known this “new” information, she “would have to concede” she was wrong.
Here is the chilling quotation from the Sassen papers that Lilla offers.
The cautious bureaucrat, yeah, that was me…. But joined to this cautious bureaucrat was a fanatical fighter for the freedom of the Blut I descend from…. What’s good for my Volk is for me a holy command and holy law…. I must honestly tell you that had we…killed 10.3 million Jews I would be satisfied and would say, good, we’ve exterminated the enemy…. We would have completed the task for our Blut and our Volk and the freedom of nations had we exterminated the most cunning people in the world…. I’m also to blame that…the idea of a real, total elimination could not be fulfilled…. I was an inadequate man put in a position where, really, I could have and should have done more.
This quotation shows the ferocity of Eichmann’s character. It shows him to be fully committed to carrying out the Final Solution, which, of course, was one of Arendt’s main arguments—that Eichmann did not simply obey, but supported the Nazi regime. It shows Eichmann was not simply a cog, again a point made by Arendt. It shows that Eichmann put himself under his “Volk,” the German word for Nation or People. He repeats this point often in the Sassen papers, that he was prepared to sacrifice himself, his conscience, his morality, and his life for the good of the German Volk as articulated by Adolf Hitler. And it shows that Eichmann refused to ask for forgiveness for what he had done. He shows no remorse and even feels guilty that he did not accomplish the task eventually assigned to him after 1941, to help exterminate the entirety of the 10.3 million Jews in Europe. In short, these citations show Eichmann to be a god awful man.
Lilla offers this citation to make a different point, however, namely, to accuse Arendt, not simply Eichmann. It is intended to prove that Arendt was wrong about Eichmann. Because of this quote, “we now know [Arendt’s argument] to be utterly indefensible.” What is more, in an astounding act of ventriloquism, Lilla writes: “Arendt, [if] were she alive, would have to concede.”
The problem with Lilla’s assertion is that Arendt was aware of the material he quotes. Partial transcriptions of the interviews—including the quotes Lilla cites—were published in two volumes of Life Magazine in 1960. Arendt read those interviews; she suspected they were not fully reliable, but understood them to give a sense of Eichmann’s anti-Semitism, his boastfulness and stupidity—all congruent with the 70 pages of Eichmann’s 1956 memoir written in Argentina that she also read. In short, Arendt had seen many of the damning quotes from the Sassen interviews and concluded that, if anything, they supported her interpretation. If Lilla wants to argue that Arendt got Eichmann wrong, fine: he should make his case on its merits, not on assertions of her ignorance of essentials of which she was not ignorant.
Arendt saw Eichmann as an anti-Semite. Might she have underestimated the extent of his hatred? Perhaps. Having read as much of Eichmann’s writings as I have been able to get my hands on, I am convinced that Eichmann was a virulent anti-Semite. So much so that it is clear to me that his hatred of Jews must have played some significant role in his willingness to participate in the Final Solution. But none of that in any way contradicts Arendt’s argument.
There is a difference between virulent anti-Semitism and genocidal mass murder. Both in Jerusalem and Argentina, Eichmann describes pangs of conscience—not about killing Jews, but about killing. The fact is that from 1933-1940 Eichmann’s anti-Semitism led him to enthusiastically support and carry out first the policy of helping Jews to leave Germany and second the policy of deporting them from Germany. After the Final Solution was decided upon, Eichmann expressed reservations about it in both Argentina and in Jerusalem. He made it very clear that he was against killing and that he never personally killed anyone. This point—as irrelevant as it was to the trial—was important to him. What shocked Arendt was how he so quickly overcame his conscientious resistance to killing. His anti-Semitism—clearly part of the explanation—cannot alone explain how, or why, he so easily overcame his initial resistance to the physical extermination of the Final Solution.
Arendt saw that Eichmann’s original reservations at being involved in mass murder dissipated quickly as he justified mass murder, consoling himself with clichés, and hoping others would understand and forgive him. This dumb shallowness is what Arendt called Eichmann’s banality. Arendt’s point was that Eichmann—beyond being an anti-Semite—thrived upon the power and meaning he got from being a Nazi. There is simply no reason to think that the quotations from the Sassen Papers that Lilla offers—quotations Arendt had read—would make her change her mind. To say they would is to free oneself from the obligation of understanding her argument.
Arendt asked how Eichmann morphed from an anti-Semite to a mass murderer. Her critics owe her the courtesy of engaging the depth of her argument, something Lilla’s false claims of superior knowledge free him from having to do. Fifty years on, it is time to get beyond “gotcha” accounts that dismiss the seriousness of her work and, instead, take Arendt’s arguments seriously.
When all this is said, there is much to recommend in Lilla’s two essays. Especially in his consideration of Claude Lanzmann’s film The Last of the Unjust—a spirited defense of one of the worst of the Judenräte Benjamin Murmelstein. Lilla displays good sense in questioning Lanzmann’s defense of Murmelstein’s rationalizations for his collaboration. Further, in his first essay, Lilla rightly considers and rejects the most slanderous and pernicious arguments that Arendt blamed the Jewish victims of the Holocaust. His discussion of Arendt’s account of the Judenräte is balanced and informative. He rightly sees that the anger over her characterization of the Jewish leaders was largely overblown, based on taking offending phrases out of context.
In the end, it is important to read essays like Lilla’s, if only to understand the liveliness of the sadly-continuing controversy around Eichmann in Jerusalem. Mark Lilla’s “Arendt and Eichmann: The New Truth” and his “The Defense of a Jewish Collaborator,” are your weekend reads.
People blame [übel nehmen] me for one thing—and I can understand that to some extent, outwardly—namely that I can still laugh [about it], right? And I was really of the opinion that Eichmann was a clown [ein Hanswurst], and I tell you, I read this police interrogation, 3600 pages, very carefully, and I don’t know how often I laughed, but loudly. Now, this reaction is what people blame me for. I can’t do anything against that. But I know one thing. I would probably still laugh three minutes before [certain death]. And that, you say, is the tone. The tone is widely ironic, of course. That is completely true. That is exactly, the tone is in this case really the human being. When people [reproach] me, then, in this story that I supposedly accused the Jewish people, that is a malicious propaganda lie, and nothing more. The tone, however, is an objection against me as a person; I can’t do anything against that.
Interview with Günter Gaus, October 28, 1964, trans. mine.
The reproach addressed by Arendt in this quote had been expressed, most importantly, by Gershom Scholem in an open letter to Arendt a year earlier, in which he wrote:
So why does your book then leave behind such a feeling of bitterness and shame, and not with respect to that which is reported, but with respect to the reporter? Why does your report cover over to such a large extent that which is brought forward in that book, which you rightly wanted to recommend for reflection? The answer, insofar as I have one, and which I cannot suppress, precisely because I esteem you so highly, (…) [is] what stands between us in this matter [Sache]. It is the heartless, often even derisive [hämische] tone in which this matter that concerns us in the real center of our life is dealt with by you. There is in the Jewish language something that can in no way be defined and is entirely concrete, which the Jews call Ahabath Israel, love for the Jews. Of that, dear Hannah, nothing is noticeable, like with so many intellectuals who have emerged from the German left. (…) I don’t have sympathy for the style of lightheartedness, I mean the English “flippancy,” which you muster all too often (…) in your book. It is unimaginably unbefitting for the matter of which you speak. [Es ist auf unvorstellbare Weise der Sache, über die Sie sprechen, unangemessen]. Was there really no place, at such an occasion, for what one might name with the modest German word Herzenstakt? [“tact of heart”] (June 23, 1963)
Arendt had responded to Scholem’s letter in a letter of her own, dated July 24, 1963. In this letter, Arendt suggests that Scholem failed to get the irony in her writing: “I never made Eichmann out to be a ‘Zionist.’ If you missed the irony of the sentence—which was plainly in oratio obliqua, reporting Eichmann’s own words—I really can’t help it.” But if Scholem may have missed the irony in this particular instance, Scholem’s objection, as Arendt implicitly recognizes in her interview with Günther Gaus one year later, is that it is precisely her ironic tone that is “unimaginably unbefitting.” The interpretation that I want to explore briefly in this blog post is that Arendt’s irony might be precisely the most “befitting” response to the Sache or subject matter, which Arendt analyzes as Eichmann’s “thoughtlessness.”
A free translation of what Arendt lacks, according to Scholem, Herzenstakt, could be “thoughtfulness.” Arendt’s choice of the word “thoughtlessness” was already contested by Mary McCarthy, because Arendt clearly does not mean that Eichmann was not thoughtful (McCarthy’s alternative suggestion, “inability to think,” is not quite right either, because Arendt does not argue that Eichmann could not think but that he did not think). What is at stake for Arendt is thinking.
Amos Elon suggests in his introduction to the Penguin edition of Eichmann in Jerusalem that Arendt’s sarcasm was “often self-defeating.” According to Elon, “Arendt’s biographer Elisabeth Young-Bruehl has wisely written that Arendt posed the true moral issue but obscured it with needless irony. With chutzpah too, perhaps.” The question, however, is whether Arendt’s posing of the “true moral issue” can be separated from her irony, that is, whether the irony merely adds (possibly counterproductive) flourish to her “posing” of an “issue.” Is her rhetoric nothing but an ornament that obscures the “content,” or a vehicle that fails to deliver the “message”?
(It should be noted that towards the beginning of her discussion of the controversy over Eichmann in Jerusalem, Young-Bruehl mentions a citation from Bertolt Brecht that Arendt’s husband found years after the trial that “gave him and Hannah Arendt the courage of their convictions.” The beginning of the citation reads: “The great political criminals must be exposed and exposed especially to laughter.”)
In her response to Scholem, Arendt makes two frequently cited claims. First, Arendt writes: “(…) in this sense I do not ‘love’ the Jews, nor do I ‘believe’ in them; I merely belong to them as a matter of course, beyond dispute or argument.” Second, Arendt states: “What unsettles [verstört] you is that my arguments and my approach are different from what you are used to; in other words, what is irritating [das Ärgerliche] is that I am independent. By this I mean, on the one hand, that I do not belong to any organization and always speak only for myself, and on the other hand, that I have great confidence in Lessing’s Selbstdenken, for which, I think, no ideology, no public opinion, and no ‘convictions’ can ever be a substitute.” It might seem from these two claims that Arendt is opposing the thinking of an independent self to the feelings (love, sympathy, Herzenstakt) of the collective. Irony could then be seen as the means by which the independent individual distances herself from the collective. However, it is important to remember that for Arendt, thinking never happens in isolation. Therefore, a better reading of Arendt’s tone might be that Arendt attempts to position herself, through irony, as a person in public or in a public. If Eichmann’s thoughtlessness reduces language to rationalization and calculation devoid of any orientation towards publicness, Herzenstakt is not going to remedy this problem. Arendt’s irony, on the other hand, might call into being a public, opening up space for publicness where thinking might become possible again.
According to this reading of Arendt’s tone, the idea that Arendt was right about Eichmann but should have communicated her “message” differently for it to be “effective” misses the point. Instead, what is called for is an attunement to Arendt’s writing that does not separate “content” from rhetoric, a responsiveness in the interest of a publicness that does not require tact, sympathy, or agreement, but thinking.
Irony in Eichmann in Jerusalem has recently become a central topic in Arendt scholarship. For further reading, I particularly recommend the chapters on Eichmann in Jerusalem in Lyndsey Stonebridge’s The Judicial Imagination (2011) and in Judith Butler’s Parting Ways (2013).