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.
Magnus Carlsen—just 22 years old—beat Viswanathan Anand (the reigning world chess champion) this week at the World Chess Championships in Chennai, India. There has been much excitement about Carlsen’s victory, and not simply because of his youth. As Joe Weisenthal writes, Carlsen’s win signifies the emergence of a new kind of chess. Behind Carlsen’s victories is what is being called his “nettlesomeness.” I encountered the idea in an essay by Joe Weisenthal, who himself quotes Tyler Cowen: “Carlsen is demonstrating one of his most feared qualities, namely his “nettlesomeness,” to use a term coined for this purpose by Ken Regan. Using computer analysis, you can measure which players do the most to cause their opponents to make mistakes. Carlsen has the highest nettlesomeness score by this metric, because his creative moves pressure the other player and open up a lot of room for mistakes. In contrast, a player such as Kramnik plays a high percentage of very accurate moves, and of course he is very strong, but those moves are in some way calmer and they are less likely to induce mistakes in response.” Read more about nettlesome chess and humanity on the Arendt Center Blog.
Lincoln Caplan has an excellent essay on Judge Learned Hand in the NYRB this weekend. Hand was one of the most influential legal minds in the United States. Here is Caplan: “To Hand, law’s role is to help shape common purpose and reflect the will of the people as part of the compact between them and their government. He was a small “d” democrat. Case by case, he saw his job as weighing competing views of the law and its application to the facts and working his way toward the best outcome in the circumstances. His psyche, outlook, and practice aligned to make him a model of a restrained judge…. “The spirit of liberty,” he said, “is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias; the spirit of liberty remembers that not even a sparrow falls to earth unheeded….””
Matthew Davis, in a piece that's part memoir and part profile, describes his relationship with the Syrian writer Khalid Khalifa, who is, even now, still working from Damascus. Although Davis's description of his time in and eventual deportation from Syria is striking, and his worry for his friend is palpable, in his conclusion he suggests something that is too easily forgotten: life, for Khalid and Damascus both, goes on, even as Syria appears to be crumbling. “Ever since the war began in January 2011, I had little doubt that Khaled Khalifa would remain in Syria, in Damascus, his paradise, to help usher in the new ideas he spoke passionately about in Iowa City. More than two years on, however, I wonder whether this ending will change, too. Khaled’s health is failing; he is depressed; he has been barred from leaving the country. I get none of this from him, only those close to him. From him, I get positive emails, an optimism as much at Khaled’s core as his rotund gut and passion for writing. Khaled’s fourth novel was recently published in Cairo. I’ve also heard that Qasabji is still open, Nabil still serving arak and beer, albeit at a higher price.”
Reviews of the movie "Hannah Arendt" have been thinly veiled opportunities to rehash old scores and attach Arendt once more for her reputed sins. That is why David Rieff’s review in The Nation this week is welcome. It offers meaningful praise for the film, with detailed accounts of what Rieff likes, while also offering serious-minded criticisms. From there, Rieff moves on to the question of the controversy itself. Rieff has little love for Arendt or, in the end, “Hannah Arendt.” I may disagree on both accounts, but he is fair-minded. “For entirely understandable and legitimate reasons, both philosophical and (though she almost certainly would have denied it) biographical, Arendt believed that the Shoah was not only the greatest crime in human history (a claim for which an argument can unquestionably be made), but an unprecedented one. The concluding pages of Eichmann in Jerusalem are suffused with her fear that, as she put it, “once a specific crime has appeared for the first time, its reappearance is more likely than its initial emergence could ever have been.” For Arendt, Eichmann was nothing less than a new type of criminal, one who “commits his crimes under circumstances that make it well-nigh impossible for him to know or feel he is doing wrong.” But it is not clear that she was right.”
William Weaver, the esteemed translator of Italian works including novels by Umberto Eco, Alberto Moravia, Eugenio Montale, Oriana Fallaci, Ugo Moretti, Carlo Emilio Gadda, Elsa Morante, Pier Paolo Pasolini and Italo Svevo died this past week. “Bill Weaver,” as he was known on campus, taught at Bard from 1992-2002. I never met Weaver, but he looms large in the world of the Hannah Arendt Center. The Center is housed in what we refer to as the “Mary McCarthy House,” because Arendt’s close friend Mary McCarthy lived there during both her stays teaching at Bard College. But most of my senior colleagues still refer to our dwelling as the “Bill Weaver House,” since Weaver lived there for 10 years and hosted many a dinner party there during his time on campus. As Bard’s President Leon Botstein wrote, “His contribution to the literary and cultural life of the College was extraordinary. It is through him that the College received the endowment that created the Bard Fiction Prize.” You can read his obituary in the New York Times, which quotes from this 2000 interview in The Paris Review. “Some of the hardest things to translate into English from Italian are not great big words, such as you find in Eco, but perfectly simple things, buon giorno for instance,” he said. “How to translate that? We don’t say ‘good day,’ except in Australia. It has to be translated ‘good morning,’ or ‘good evening,’ or ‘good afternoon’ or ‘hello.’ “You have to know not only the time of day the scene is taking place, but also in which part of Italy it’s taking place,” he continued, “because in some places they start saying buona sera — ‘good evening’ — at 1 p.m. The minute they get up from the luncheon table it’s evening for them. So someone could say buona sera, but you can’t translate it as ‘good evening’ because the scene is taking place at 3 p.m. You need to know the language, but, even more, the life of the country.”
The movie "Hannah Arendt" has just been released on DVD and features an extensive insert booklet produced by the Hannah Arendt Center!
Become a member of the Hannah Arendt Center and get your copy in time for the holidays!
Learn more here.
The jury trial is, as Alexis de Tocqueville understood, one essential incubator of American democracy. The jury trial is the only space in which most people will ever be forced to sit in judgment of their fellow citizens and declare them innocent or guilty; or, in a civil trial, to judge whether one party’s wrong requires compensation. The experience of being a juror, Tocqueville saw, inculcates in all citizens the habits of mind of the judge; it “spreads to all classes respect for the thing judged and the idea of right.” Juries, he wrote, are “one of the most efficacious means society can make use of for the education of the people.”
If the experience of sitting in judgment as a juror is a bulwark of our democratic freedoms, we should be worried. As Albert W. Dzur writes, the jury trial, once the “standard way Americans handled criminal cases,” is now largely absent from the legal system. The jury trial “has been supplanted by plea agreements, settlements, summary judgments, and other non-trial forums that are usually more efficient and cost-effective in the short term. In addition to cost and efficiency, justice officials worry about juror competence in the face of scientific and technical evidence and expert testimony, further diminishing the opportunity for everyday people to serve.”
Dzur offers a clear case for the disappearance of the jury trial:
[J]uries in the United States today hear a small fraction of cases. In 2005 the Bureau of Justice Statistics reported that juries heard 4 percent of all alleged criminal offenses brought before federal courts. State courts match this trend. Legal scholars Brian J. Ostrom, Shauna M. Strickland, and Paula L. Hannaford-Agor discovered a 15 percent decline in total criminal jury trials in state courts over the last 30 years, compared with a 10 percent decline in criminal bench trials, in which a judge issues the verdict. They also found a 44 percent decline in civil jury trials compared with a 21 percent decline in civil bench trials.
So what does the retreat of Jury trials signify? For Dzur, the answer is that the jury system is an important part of our justice system because it performs a “constructive moral function,” by which he means that juries “force widespread sobriety about the real world of law and order.” Juries can challenge “official and lay attitudes regarding the law. This sobering quality of juries is particularly needed now.” Here is how Dzur characterizes more fully the “sobering quality of juries”:
A juror treats human beings attentively even while embedded within an institution that privileges rationalized procedures. Not advocates, prosecutors, or judges, jurors are independent of court processes and organizational norms while also being charged with judicial responsibility of the highest order. Their presence helps close the social distance between the parties and the court. The juror, who contributes to what is a political, juridical, and moral decision, becomes attuned to others in a way that triggers responsibility for them. Burns notes how jurors’ “intense encounter with the evidence” helps them engage in self-criticism of the “overgeneralized scripts” about crime and criminal offenders they may have brought with them into the courtroom.
In other words, juries are institutional spaces where citizens have the time to attentively consider fundamental moral and legal questions outside of the limelight and sequestered from public opinion, government pressure, and the media circus. Since juries are the institutions where we practice moral judgment, Dzur argues that the loss of juries means that “we are out of practice. Lay citizens no longer have opportunities to play decisive roles in our justice system.”
The recent jury decision in the George Zimmerman case is an example of a jury resisting popular calls for guilt and making a sober judgment that the facts of the case were simply not proven beyond a reasonable doubt. Juries can also resist the government, as might happen if Edward Snowden would return to the United States and put himself on trial before a jury. Such a jury could, and very well might, exonerate Snowden, exercising its fundamental right of jury nullification in the interest of justice. Snowden’s refusal to return is, in some part, a result of the diminished practice of moral judgment reflected in the diminishment of the jury.
Jury judgments are at times surprising and can, in extraordinary cases, go against the letter of the law. But the unpredictability of jury verdicts makes them neither irrational nor thoughtless. They are often intolerant and unfair, but this makes them neither racist nor unjust. Amidst the unquestioned hatred of all discrimination, we have forgotten that discrimination, the art of making relevant distinctions, is actually the root of judging. In our passion for rationality and fairness, we sacrifice judgment, and with judgment, we abandon our sense of justice.
What acts of judgment exemplified by juries offer are an ideal of justice beyond the law. Plato called it the idea of the good. Kant named it the categorical imperative. Arendt thought that judgment appealed to common sense, “that sense which fits us into a community with others.” What all three understood is that if morality and a life lived together with others is to persist, we need judgments that would invoke and actualize that common moral sense, that would keep alive the sense of justice.
For your weekend read, take a look at Dzur’s report on the loss of the juries. Also, you might revisit my own essay on this theme, “Why We Must Judge,” originally published in Democracy: A Journal of Ideas.
Hannah Arendt feared that our unwillingness to judge and to make decisions was the great moral and political danger facing our world. In her essays and books, Arendt gave voice to what she called the “fear of passing judgment, of naming names, and of fixing blame—especially, alas, upon people in power and high position.” The Arendt Center has written extensively about our unwillingness to judge, here, here, and here.
Today in the NY Times, Thomas Friedman expresses his exasperation at the lack of judgment by our political leaders. Here are two core quotations from the essay:
No leaders want to take hard decisions anymore, except when forced to. Everyone — even China’s leaders — seems more afraid of their own people than ever. One wonders whether the Internet, blogging, Twitter, texting and micro-blogging, as in China’s case, has made participatory democracy and autocracy so participatory, and leaders so finely attuned to every nuance of public opinion, that they find it hard to make any big decision that requires sacrifice. They have too many voices in their heads other than their own.
At a time when, from India to America, democracies have never had more big decisions to make, if they want to deliver better living standards for their people, this epidemic of not deciding is a troubling trend. It means that we are abdicating more and more leadership to technocrats or supercommittees — or just letting the market and Mother Nature impose on us decisions that we cannot make ourselves. The latter rarely yields optimal outcomes.
Read the whole of Friedman's column here.
You can also view a TEDx talk on the way that technology is replacing and threatening human judgment here.