Hannah Arendt Center for Politics and Humanities
16Aug/141

The Poverty of Ideas

john_rawls

In an essay on the past and future of critical theory, Raymond Geuss offers an observation that has increasing resonance across all fields of inquiry, from politics and economics to philosophy and literature: sometime around 1970, the basic 20th century consensus that democracy and capitalism would provide an eternal increase in both justice and wealth began to unravel. Thomas Piketty makes a similar point in his book Capital in the 21st Century. It is increasingly likely that the post-World War II marriage of rising equality and rising incomes was a bubble of sorts. Whether one mourns the loss of a golden age or celebrates the liberation from childish illusions, the loss of the hopeful liberal idealism of the mid-20th century is a fact still to be reckoned with.

Roger Berkowitz
Roger Berkowitz is Associate Professor of Political Studies and Human Rights at Bard College, and Academic Director of the Hannah Arendt Center for Politics and the Humanities. He is also the author of "Gift of Science: Leibiniz and the Modern Legal Tradition", as well as co-editor of "Thinking in Dark Times: Hannah Arendt on Ethics and Politics".
14Jul/140

Irony and Theodicy: Laughing out Loud about the Gravest of Moral Disorders

israel_post-wwii

“Israeli citizens, religious and nonreligious, seem agreed upon the desirability of having a law that prohibits intermarriage, and it is chiefly for this reason…that they are also agreed upon the undesirability of a written constitution in which such a law would embarrassingly have to be spelled out. … Whatever the reasons, there was certainly something breathtaking in the naiveté with which the prosecution denounced the infamous Nuremburg Laws of 1935, which had prohibited intermarriage and sexual relations between Jews and Germans. The better informed among the correspondents were well aware of the irony, but they did not mention it in their reports.”

--Eichmann in Jerusalem, p. 7

There are, I believe, three things about this surprising and discomforting passage from the very early moments of Arendt’s “report on the banality of evil” that are worth thinking about again. The first and most important of these is Arendt’s (very conscious) use of the term “irony” in the concluding sentence. Second is the explicit reference to the Nuremburg Laws and the very clear suggestion that Israel’s refusal to recognize civil marriages precisely because it opens the door to public acknowledgement of inter-confessional relationships echoes one of the most infamous legacies of National Socialism. Third is that Arendt here deigns to provide an account of why it is that Israel lacked—and lacks!—a written constitution, and to stress that the ground for this is and ought to be embarrassing to Zionists (like herself, it is crucial to stress). I’d like to discuss these with you in reverse order.

David Bisson
David is the Media Coordinator at the Hannah Arendt Center for Politics and Humanities at Bard College. He is also Editor for Information Security Buzz. David's research interests include cybersecurity, war, and the political impact of new technologies.
23Jun/140

Amor Mundi 6/22/14

Amor Mundi

Hannah Arendt considered calling her magnum opus Amor Mundi: Love of the World. Instead, she settled upon The Human Condition. What is most difficult, Arendt writes, is to love the world as it is, with all the evil and suffering in it. And yet she came to do just that. Loving the world means neither uncritical acceptance nor contemptuous rejection. Above all it means the unwavering facing up to and comprehension of that which is.

Every Sunday, The Hannah Arendt Center Amor Mundi Weekly Newsletter will offer our favorite essays and blog posts from around the web. These essays will help you comprehend the world. And learn to love it.

Black in the Age of Mechanical Reproduction

1Hilton Als, in reviewing a new book co-edited by Harvard professor Henry Louis Gates, Jr. entitled The Image of the Black In Western Art, The Twentieth Century: The Impact of Africa, is struck by a particular painting, Portrait of Tonia Stieltjes by the Dutch artist Jan Sluyters. The book focuses broadly on “image of the black during the age of mechanical reproduction and how it changed, was modernized, denigrated, and, often, fetishized.” Als, however, fixes on the singular humanity of one portrait: “Tonia’s grave face is powdered white, as was the fashion of the time, but then there is her ‘real’ skin and her style, which is something ‘other.’ My imagination reacts to those levels of density and nonverbal expression more readily than to portraits of black people by artists ranging from Goldie White to Brent Malone. I find their work predictable: it elevates blackness to a kind of folkloric purity and strength that doesn’t allow for labyrinthine humanness, or for the fact that most blacks come from some place they don’t know but, like Tonia, make themselves up out of the whole cloth of Europe, or Africa, or whatever temporary home will have them.... It’s Tonia’s isolation in public, the theatricalization of her different self through paint and dress, that encompasses so much of what makes the black in Western art incalculably lonely, unknowable, troubling, and, sometimes, beautiful, just like other people.”

Speaking Truth to Power

1In the New Republic, Christopher Ketcham makes the case that journalist idol Chris Hedges has a plagiarism problem. Ketcham's account, though bordering on the tedious, overly personal, and the monomaniacal, seems to make its case. It has recently been given further support by a long post by Adam Weinstein at Gawker, which both uncovers further instances of plagiarism and argues that Hedges habitually recycles 1000s of words of his own writing and even whole articles in longer articles and books that he claims to be original work. Hedges forcefully denies Ketcham’s charges and has written a response here that also includes responses from Ketcham and The New Republic. Ketcham’s thesis is that Hedges’s plagiarism must be outed to protect the integrity of journalism, an argument he puts in the words of a journalism expert: “Trust is a journalist’s and journalism’s most precious commodity…if there is even a hint of the possibility that misconduct was covered up, it’s even worse. Journalism will take another hit.” That is true. But equally central to this story is the nature of power. Hedges has said, “You have a choice between which two sets of principles you serve. Justice and truth or privilege and power…. The more you make concessions to those whose fealty is to privilege and power, the more you diminish the capacity for justice and truth.” He is so right. Admirably, Hedges has stood up for his principles, angering the right and the left, and always speaking his mind. We need more publicly courageous intellectuals like Hedges. But in his belief in his own importance to the cause for which he fights, Hedges has not only made mistakes (which can be forgiven) but also has refused to own up to his mistakes and instead has sought to drown out his critics with bluster. His response suggests that privilege and power may mean more to Hedges than he lets on.

Osmotic Learning

1In an interview with Granta, cartoonist Adrian Tomine discusses the value of a very informal education: "I've learned a lot of tangible, practical things from studying all kinds of things: comics, illustration, movies, prose, etc. But I think I've learned more from just hanging around creative people and talking to them and learning from their example. I suppose I'm talking about the kind of osmotic learning that comes from getting to know other artists (or writers or musicians or whatever). If you go over to the house of someone whose work you admire, and you look at their bookshelves and ask about things that jump out at you, that right there can be kind of an education. I've even learned a lot from just going to an art store with other cartoonists. Invariably they'll know about some drafting tool I'd never heard of, or have some preference for some brand of ink that they've arrived at after years of trial and error. And on a broader scale, it's really useful to watch how someone - especially someone who's been at it for longer - deals with issues that arise in their art and just in life in general."

The Beautiful Game as an Expression of National Character

1In the midst of the international frenzy of the World Cup, Matthew Futterman describes USA's German-born coach Jürgen Klinsmann as soccer's "Alexis de Tocqueville," endeavoring to create an American style of the game, saying that "he wanted to create a squad that represented what he sees as the defining American characteristic-a visceral hatred of being dictated to." Since, paradoxically, this change came from the top down, it, of course, turned out to be more difficult than easy.

I Come to Praise the CPA, Not to Bury Him

1Jacob Soll yearns for the heroic accountant of the early modern Dutch, for whom keeping one's books in order took on a spiritual meaning: "Double-entry accounting made it possible to calculate profit and capital and for managers, investors, and authorities to verify books. But at the time, it also had a moral implication. Keeping one's books balanced wasn't simply a matter of law, but an imitation of God, who kept moral accounts of humanity and tallied them in the Books of Life and Death. It was a financial technique whose power lay beyond the accountants, and beyond even the wealthy people who employed them. Accounting was closely tied to the notion of human audits and spiritual reckonings. Dutch artists began to paint what could be called a warning genre of accounting paintings. In Jan Provoost's 'Death and Merchant,' a businessman sits behind his sacks of gold doing his books, but he cannot balance them, for there is a missing entry. He reaches out for payment, not from the man who owes him the money, but from the grim reaper, death himself, the only one who can pay the final debts and balance the books. The message is clear: Humans cannot truly balance their books in the end, for they are accountable to the final auditor."

My Neighbor Marcel

1Alexandra Schwartz, riffing off the recent release of a book documenting Marcel Proust's letters to his upstairs neighbor, considers the loneliness and alienation of the city's crowd and remembers that, far from the mere writer of In Search of Lost Time, Proust was a real person who lived under neighbors whose loud banging sometimes annoyed him, too. Here is one such missive sent upstairs by Proust: "Madame, I hope you won't find me too indiscreet. There's been a lot of noise these past few days and as I'm not well, I'm more sensitive to it.... If the hammering must be done in the morning, might it be done in the part of your apartment that is above my kitchen, not my bedroom.... If there's too much noise on Sunday morning I won't be able to get out of bed until the afternoon." Schwartz adds, "We who toss and turn, fantasizing about the exquisitely cutting emails we'll never have the guts to send to the invisible others keeping us awake, are happy to have him on our team."

From the Hannah Arendt Center Blog

This week on the Blog, Christopher C. Robinson discusses intergenerational justice and the ecological crisis in the Quote of the Week. Lord Byron provides this week's Thought on Thinking. And Roger Berkowitz discusses the conscience of Edward Snowden in the Weekend Read.

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
7Apr/140

Amor Mundi 4/6/14

Arendtamormundi

Hannah Arendt considered calling her magnum opus Amor Mundi: Love of the World. Instead, she settled upon The Human Condition. What is most difficult, Arendt writes, is to love the world as it is, with all the evil and suffering in it. And yet she came to do just that. Loving the world means neither uncritical acceptance nor contemptuous rejection. Above all it means the unwavering facing up to and comprehension of that which is.

Every Sunday, The Hannah Arendt Center Amor Mundi Weekly Newsletter will offer our favorite essays and blog posts from around the web. These essays will help you comprehend the world. And learn to love it.

Oligarchs, Inc.

supremeOver at SCOTUSblog, Burt Neuborne writes that “American democracy is now a wholly owned subsidiary of Oligarchs, Inc.” The good news, Neuborne reminds, is that “this too shall pass.” After a fluid and trenchant review of the case and the recent decision declaring limits on aggregate giving to political campaigns to be unconstitutional, Neuborne writes: “Perhaps most importantly, McCutcheon illustrates two competing visions of the First Amendment in action. Chief Justice Roberts’s opinion turning American democracy over to the tender mercies of the very rich insists that whether aggregate contribution limits are good or bad for American democracy is not the Supreme Court’s problem. He tears seven words out of the forty-five words that constitute Madison’s First Amendment – “Congress shall make no law abridging . . . speech”; ignores the crucial limiting phrase “the freedom of,” and reads the artificially isolated text fragment as an iron deregulatory command that disables government from regulating campaign financing, even when deregulation results in an appalling vision of government of the oligarchs, by the oligarchs, and for the oligarchs that would make Madison (and Lincoln) weep. Justice Breyer’s dissent, seeking to retain some limit on the power of the very rich to exercise undue influence over American democracy, views the First Amendment, not as a simplistic deregulatory command, but as an aspirational ideal seeking to advance the Founders’ effort to establish a government of the people, by the people, and for the people for the first time in human history. For Justice Breyer, therefore, the question of what kind of democracy the Supreme Court’s decision will produce is at the center of the First Amendment analysis. For Chief Justice Roberts, it is completely beside the point. I wonder which approach Madison would have chosen. As a nation, we’ve weathered bad constitutional law before. Once upon a time, the Supreme Court protected slavery. Once upon a time the Supreme Court blocked minimum-wage and maximum-hour legislation.  Once upon a time, the Supreme Court endorsed racial segregation, denied equality to women, and jailed people for their thoughts and associations. This, too, shall pass. The real tragedy would be for people to give up on taking our democracy back from the oligarchs. Fixing the loopholes in disclosure laws, and public financing of elections are now more important than ever. Moreover, the legal walls of the airless room are paper-thin. Money isn’t speech at obscenely high levels. Protecting political equality is a compelling interest justifying limits on uncontrolled spending by the very rich. And preventing corruption means far more than stopping quid pro quo bribery. It means the preservation of a democracy where the governed can expect their representatives to decide issues independently, free from economic serfdom to their paymasters. The road to 2016 starts here. The stakes are the preservation of democracy itself.” It is important to remember that the issue is not really partisan, but that both parties are corrupted by the influx of huge amounts of money. Democracy is in danger not because one party will by the election, but because the oligarchs on both sides are crowding out grassroots participation. This is an essay you should read in full. For a plain English review of the decision, read this from SCOTUSblog. And for a Brief History of Campaign Finance, check out this from the Arendt Center Archives.

Saving Democracy

democZephyr Teachout, the most original and important thinker about the constitutional response to political corruption, has an op-ed in the Washington Post: “We should take this McCutcheon moment to build a better democracy. The plans are there. Rep. John Sarbanes (D-Md.) has proposed something that would do more than fix flaws. H.R. 20, which he introduced in February, is designed around a belief that federal political campaigns should be directly funded by millions of passionate, but not wealthy, supporters. A proposal in New York would do a similar thing at the state level.” Teachout spoke at the Arendt Center two years ago after the Citizens United case. Afterwards, Roger Berkowitz wrote: “It is important to see that Teachout is really pointing out a shift between two alternate political theories. First, she argues that for the founders and for the United States up until the mid-20th century, the foundational value that legitimates our democracy is the confidence that our political system is free from corruption. Laws that restrict lobbying or penalize bribery are uncontroversial and constitutional, because they recognize core—if not the core—constitutional values. Second, Teachout sees that increasingly free speech has replaced anti-corruption as the foundational constitutional value in the United States. Beginning in the 20th century and culminating in the Court's decision in Citizens United, the Court gradually accepted the argument that the only way to guarantee a legitimate democracy is to give unlimited protection to the marketplace of idea. Put simply, truth is nothing else but the product of free debate and any limits on debate, especially political debate, will delegitimize our politics.” Read the entirety of his commentary here. Watch a recording of Teachout’s speech here.

The Forensic Gaze

forA new exhibition opened two weeks ago at the Haus der Kulturen der Welt in Berlin that examines the changing ways in which states police and govern their subjects through forensics, and how certain aesthetic-political practices have also been used to challenge or expose states. Curated by Anselm Franke and Eyal Weizman, Forensis “raises fundamental questions about the conditions under which spatial and material evidence is recorded and presented, and tests the potential of new types of evidence to expand our juridical imagination, open up forums for political dispute and practice, and articulate new claims for justice.” Harry Burke and Lucy Chien review the exhibition on Rhizome: “The exhibition argues that forensics is a political practice primarily at the point of interpretation. Yet if the exhibition is its own kind of forensic practice, then it is the point of the viewer's engagement where the exhibition becomes significant. The underlying argument in Forensis is that the object of forensics should be as much the looker and the act of looking as the looked-upon.” You may want to read more and then we suggest Mengele’s Skull: The Advent of a Forensic Aesthetics.

Empathy's Mess

empathy

In an interview, Leslie Jamison, author of the very recently published The Empathy Exams, offers up a counterintuitive defense of empathy: “I’m interested in everything that might be flawed or messy about empathy — how imagining other lives can constitute a kind of tyranny, or artificially absolve our sense of guilt or responsibility; how feeling empathy can make us feel we’ve done something good when we actually haven’t. Zizek talks about how 'feeling good' has become a kind of commodity we purchase for ourselves when we buy socially responsible products; there’s some version of this inoculation logic — or danger — that’s possible with empathy as well: we start to like the feeling of feeling bad for others; it can make us feel good about ourselves. So there’s a lot of danger attached to empathy: it might be self-serving or self-absorbed; it might lead our moral reasoning astray, or supplant moral reasoning entirely. But do I want to defend it, despite acknowledging this mess? More like: I want to defend it by acknowledging this mess. Saying: Yes. Of course. But yet. Anyway.”

What the Language Does

barsIn a review of Romanian writer Herta Muller's recently translated collection Christina and Her Double, Costica Bradatan points to what changing language can do, what it can't do, and how those who attempt to manipulate it may also underestimate its power: “Behind all these efforts was the belief that language can change the real world. If religious terms are removed from language, people will stop having religious feelings; if the vocabulary of death is properly engineered, people will stop being afraid of dying. We may smile today, but in the long run such polices did produce a change, if not the intended one. The change was not in people’s attitudes toward death or the afterworld, but in their ability to make sense of what was going on. Since language plays such an important part in the construction of the self, when the state subjects you to constant acts of linguistic aggression, whether you realize it or not, your sense of who you are and of your place in the world are seriously affected. Your language is not just something you use, but an essential part of what you are. For this reason any political disruption of the way language is normally used can in the long run cripple you mentally, socially, and existentially. When you are unable to think clearly you cannot act coherently. Such an outcome is precisely what a totalitarian system wants: a population perpetually caught in a state of civic paralysis.”

Humanities and Human Life

humanCharles Samuleson, author of "The Deepest Human Life: An Introduction to Philosophy for Everyone," has this paean to the humanities in the Wall Street Journal: “I once had a student, a factory worker, who read all of Schopenhauer just to find a few lines that I quoted in class. An ex-con wrote a searing essay for me about the injustice of mandatory minimum sentencing, arguing that it fails miserably to live up to either the retributive or utilitarian standards that he had studied in Introduction to Ethics. I watched a preschool music teacher light up at Plato's "Republic," a recovering alcoholic become obsessed by Stoicism, and a wayward vet fall in love with logic (he's now finishing law school at Berkeley). A Sudanese refugee asked me, trembling, if we could study arguments concerning religious freedom. Never more has John Locke —or, for that matter, the liberal arts—seemed so vital to me.”

Caritas and Felicitas

charityArthur C. Brooks makes the case that charitable giving makes us happier and even more successful: “In 2003, while working on a book about charitable giving, I stumbled across a strange pattern in my data. Paradoxically, I was finding that donors ended up with more income after making their gifts. This was more than correlation; I found solid evidence that giving stimulated prosperity…. Why? Charitable giving improves what psychologists call “self-efficacy,” one’s belief that one is capable of handling a situation and bringing about a desired outcome. When people give their time or money to a cause they believe in, they become problem solvers. Problem solvers are happier than bystanders and victims of circumstance.” Do yourself a favor, then, and become a member of the Arendt Center.

Featured Events

heidThe Black Notebooks (1931-1941):

What Heidegger's Denktagebuch reveals about his thinking during the Nazi regime.

April 8, 2014

Goethe Institut, NYC

Learn more here.

 

"My Name is Ruth."

An Evening with Bard Big Read and Marilynne Robinson's Housekeeping

Excerpts will be read by Neil Gaiman, Nicole Quinn, & Mary Caponegro

April 23, 2014

Richard B. Fisher Center, Bard College

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From the Hannah Arendt Center Blog

This week on the blog, our Quote of the Week comes from Martin Wager, who views Arendt's idea of world alienation through the lens of modern day travel. Josh Kopin looks at Stanford Literary Lab's idea of using computers and data as a tool for literary criticism. In the Weekend Read, Roger Berkowitz ponders the slippery slope of using the First Amendment as the basis for campaign finance reform. 

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
19Mar/140

Call for Papers on Justice and law

FromtheArendtCenter

HannahArendt.net,  an online peer reviewed journal has issued a call for papers for their upcoming 'Justice and Law' edition being released in August of this year.

With this topic we wish to participate in current debates insofar as they deal with the juridification of politics as a form of depoliticizing socio-political problems and/or to identify phenomena of dehumanization and exclusion, where  the dual nature of justice and law is overlooked.

2014-03-19_14-43-55

Learn more here, or visit the website here.

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

Politics Beyond Councils: Arendt, Recognition, and Feminism

Arendtiana

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

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

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

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

on

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

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

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

-Jeffrey Champlin

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
6Dec/131

Nelson Mandela & Hannah Arendt on Violence

ArendtWeekendReading

“Having said this, I must deal immediately and at some length with the question of violence.”

—Nelson Mandela

 “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.

mandela

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.

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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?

Take the time this weekend to read the entirety of Mandela’s speech, It is your weekend read. And if you have more time, review Arendt’s essay “On Violence,” which is available here.

-RB

Roger Berkowitz
Roger Berkowitz is Associate Professor of Political Studies and Human Rights at Bard College, and Academic Director of the Hannah Arendt Center for Politics and the Humanities. He is also the author of "Gift of Science: Leibiniz and the Modern Legal Tradition", as well as co-editor of "Thinking in Dark Times: Hannah Arendt on Ethics and Politics".
18Nov/130

One Against All

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This Quote of the Week was originally published on September 3, 2012.

It can be dangerous to tell the truth: “There will always be One against All, one person against all others. [This is so] not because One is terribly wise and All are terribly foolish, but because the process of thinking and researching, which finally yields truth, can only be accomplished by an individual person. In its singularity or duality, one human being seeks and finds – not the truth (Lessing) –, but some truth.”

-Hannah Arendt, Denktagebuch, Book XXIV, No. 21

Hannah Arendt wrote these lines when she was confronted with the severe and often unfair, even slanderous, public criticism launched against her and her book Eichmann in Jerusalemafter its publication in 1963. The quote points to her understanding of the thinking I (as opposed to the acting We) on which she bases her moral and, partly, her political philosophy.

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It is the thinking I, defined with Kant as selbstdenkend (self-thinking [“singularity”]) and an-der-Stelle-jedes-andern-denkend (i.e., in Arendt’s terms, thinking representatively or practicing the two-in-one [“duality”]). Her words also hint at an essay she published in 1967 titled “Truth and Politics,” wherein she takes up the idea that it is dangerous to tell the truth, factual truth in particular, and considers the teller of factual truth to be powerless. Logically, the All are the powerful, because they may determine what at a specific place and time is considered to be factual truth; their lies, in the guise of truth, constitute reality. Thus, it is extremely hard to fight them.

In answer to questions posed in 1963 by the journalist Samuel Grafton regarding her report on Eichmann and published only recently, Arendt states: “Once I wrote, I was bound to tell the truth as I see it.” The statement reveals that she was quite well aware of the fact that her story, i.e., the result of her own thinking and researching, was only one among others. She also realized the lack of understanding and, in many cases, of thinking and researching, on the part of her critics.

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Thus, she lost any hope of being able to publicly debate her position in a “real controversy,” as she wrote to Rabbi Hertzberg (April 8, 1966). By the same token, she determined that she would not entertain her critics, as Socrates did the Athenians: “Don’t be offended at my telling you the truth.” Reminded of this quote from Plato’s Apology (31e) in a supportive letter from her friend Helen Wolff, she acknowledged the reference, but acted differently. After having made up her mind, she wrote to Mary McCarthy: “I am convinced that I should not answer individual critics. I probably shall finally make, not an answer, but a kind of evaluation of this whole strange business.” In other words, she did not defend herself in following the motto “One against All,” which she had perceived and noted in her Denktagebuch. Rather, as announced to McCarthy, she provided an “evaluation” in the 1964 preface to the German edition of Eichmann in Jerusalem and later when revising that preface for the postscript of the second English edition.

Arendt also refused to act in accordance with the old saying: Fiat iustitia, et pereat mundus(let there be justice, though the world perish). She writes – in the note of the Denktagebuchfrom which today’s quote is taken – that such acting would reveal the courage of the teller of truth “or, perhaps, his stubbornness, but neither the truth of what he had to say nor even his own truthfulness.” Thus, she rejected an attitude known in German cultural tradition under the name of Michael Kohlhaas.  A horse trader living in the 16th century, Kohlhaas became known for endlessly and in vain fighting injustice done to him (two of his horses were stolen on the order of a nobleman) and finally taking the law into his own hands by setting fire to houses in Wittenberg.

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Even so, Arendt has been praised as a woman of “intellectual courage” with regard to her book on Eichmann (see Richard Bernstein’s contribution to Thinking in Dark Times).

Intellectual courage based on thinking and researching was rare in Arendt’s time and has become even rarer since then. But should Arendt therefore only matter nostalgicly? Certainly not. Her emphasis on the benefits of thinking as a solitary business still remains current. Consider, for example, the following reference to Sherry Turkle, a sociologist at MIT and author of the recent book Alone Together. In an interview with Peter Haffner (published on July 27, 2012, in SZ Magazin), she argues that individuals who become absorbed in digital communication lose crucial components of their faculty of thinking. Turkle says (my translation): Students who spend all their time and energy on communication via SMS, Facebook, etc. “can hardly concentrate on a particular subject. They have difficulty thinking a complex idea through to its end.” No doubt, this sounds familiar to all of us who know about Hannah Arendt’s effort to promote thinking (and judging) in order to make our world more human.

To return to today’s quote: It can be dangerous to tell the truth, but thinking is dangerous too. Once in a while, not only the teller of truth but the thinking 'I' as well may find himself or herself in the position of One against All.

-Ursula Ludz

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
18Oct/131

Where are the Public Spaces?

ArendtWeekendReading

What are the public spaces of modern life? This is a central question raised in Hannah Arendt’s work since Arendt insists on the importance of public spaces for the flourishing of the human condition. To be human, Arendt writes, is to be free in public, which means to act and speak in ways that matter in the public world. Public freedom requires spaces where our actions are attended to, considered, and taken seriously enough to merit a response. Such spaces—the Greek Agora, the Roman Senate, the town square, the New England town meeting, the French debating societies, the Russian Soviets, the American jury, and all those civic institutions that spring up to give the power of collective action to individual citizens—are the pre-political and yet necessary conditions of democratic politics.

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The problem today is that such spaces are ever more rare and in decay. Town hall meetings are largely gone or ceremonial. Local governments have ceded all real power to state or federal authorities. And even democratic elections—the most sickly form of political participation, has been corrupted by both money and size so that voting has come to be seen as so meaningless and ineffectual that few people bother to do so. As Albert W. Dzur writes in a recent essay in The Boston Review, we lack the public spaces that call us to attention and encourage our engagement in a collective civically minded world:

In our time of late modernity, the public is even more scattered, mobile, and manifold. Zygmunt Bauman and other leading social theorists write of contemporary social structures that, paradoxically, destructure common life, distance us from each other, and make it increasingly hard for us to interact with others in anything but a partial, superficial, and self-selecting fashion. Absent are the places that, in the past, helped us realize who we are as a public, as Tony Judt has illustrated in sketching the lost civic world of his childhood. We lack sufficient means today for calling ourselves to attention, for sobering ourselves up to our responsibility for the world all around.

Dzur offers a remedy for our diseased democracy. We need, he writes, to re-think the spaces and places of modern democracy.

Democracy, he writes, is usually thought a political movement and participatory democracy points to public involvement in protests, plebiscites, and public action aimed at governmental change. But democracy may also be thought of as a way of life focused on individualism and respect for the power and judgment of each person. Might it be, Dzur wonders, that the space of democracy is shifting from governmental to professional institutions?

The spaces of democratic participation Dzur has in mind are schools, prisons, hospitals, and other institutions of government bureaucracy. Such institutions too often, he writes, adopt rationalist and rule-bound ideologies that insulate them from the very people they are supposed to serve. What is needed, he suggests, is a new vision of the democratic professional administrator.

Democratic professionals in schools, public health clinics, and prisons who share their load-bearing work are innovators who are expanding, not just conserving, our neglected democratic inheritance. … Democratic professionals adapt the formal rationality of institutions to appreciate and act upon substantive contributions that lay citizens can make to a reflective legal judgment, a secure environment, or a stimulating education. And, importantly, democratic professionals bring citizens together who had not planned to be together.

In short, Dzur argues for a new vision of the professional administrator or bureaucrat, one inspired by intelligence, flexibility, and a willingness to replace rationalist bureaucratic rules with a determination to do justice by attending to particular individuals and persons.

Dzur’s vision of the new professionals who inhabit new democratic spaces is, whether explicitly or not, related to the insights of the recently popular French thinker Pierre Rosenvallon. It is always difficult to keep up with academic fashions and I only recently learned of Rosenvallon from one of our Arendt Center Fellows Jennifer Hudson, who is finishing up an excellent dissertation that addresses Rosenvallon’s vision of an intelligent and adaptive bureaucracy. In a nutshell, Rosenvallon addresses what is typically referred to as the crisis of legitimacy in representative democracy, the widespread sense on both the left and the right that government simply has become too big, too distant, and too impervious to citizen change. Rosenvallon’s answer is to empower government administrators—what we usually call the bureaucracy—to act more autonomously and freely outside of set rules and solve problems with more attention to local and individual conditions.

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Dzur takes a similar approach in what is now promised to be a new series about participatory democratic politics in the typically administrative spaces of schools, offices, and courtrooms, Dzur generalizes about those who are engaged in this kind of "trench democracy":

[Democratic professionals] take their public responsibilities seriously and listen carefully to those outside their walls and those at all levels of their internal hierarchy in order to foster physical proximity between formerly separated individuals, encourage co-ownership of problems previously seen as beyond laypeople’s ability or realm of responsibility, and seek out opportunities for collaborative work between laypeople and professionals. We fail to see these activities as politically significant because they do not fit our conventional picture of democratic change. As if to repay the compliment, the democratic professionals I have interviewed in fields such as criminal justice, public administration, and K-12 education rarely use the concepts employed by social scientists and political theorists. Lacking an overarching ideology, they make it up as they go along, developing roles, attitudes, habits, and practices that open calcified structures up to greater participation. Their democratic action is thus endogenous to their occupational routine, often involving those who would not consider themselves activists or even engaged citizens.

The attraction of Dzur’s embrace of administrative democratic legitimacy is clear. At a time when public democratic institutions are broken, it is tempting to turn to professional administrators and ask them to solve our problems for us, to not only make the hospitals work better but also to revitalize democratic attention. There is the hope that intelligent and flexible administrative rule can not only make the trains run on time, but also make the train schedules more responsive to the needs of their riders and the trains themselves more comfortable and inviting. In short, democratically inclined professionals can make our public institutions more open to citizen feedback and energy.

The turn to what might be termed an administrative or executive democracy, however, comes with potential costs. In empowering professionals, administrators, and bureaucrats to revitalize and improve democratic participation, we turn attention away from the political concern with a public world and focus, instead, on the technocratic aim of efficient administration. Given the seeming incompetence and obstructionism of elected officials in the United States and around the world, taking refuge in professional administrators is tempting. And yet, it carries the seeds of a technocratic turn that will further weaken the participation in more traditionally political institutions and activities that turn us away from our parochial self-interests and toward a common political world. In short, the worry is that the shift from democratic politics to democratic administration will trade the rarefied human activity of forming meaningful political communities with the everyday desire for institutions that work.

Dzur’s essay is well worth attending to. We will be following his future inquiries as well. For now, enjoy Dzur’s “Trench Democracy: Participatory Innovation in Unlikely Places.” It is your weekend read.

-RB

Roger Berkowitz
Roger Berkowitz is Associate Professor of Political Studies and Human Rights at Bard College, and Academic Director of the Hannah Arendt Center for Politics and the Humanities. He is also the author of "Gift of Science: Leibiniz and the Modern Legal Tradition", as well as co-editor of "Thinking in Dark Times: Hannah Arendt on Ethics and Politics".
30Sep/1314

Hannah Arendt on Education and Excellence

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Neither education nor ingenuity nor talent can replace the constituent elements of the public realm, which make it the proper place for human excellence.”

-Hannah Arendt, The Human Condition

I am proud to attend a college that envisions education as a life devoted to intellectual excellence. I am also proud of the fact that the school promotes a genuine love for knowledge and ideas and not simply what is practical and useful. It is easy to believe that education represents the peak of human excellence. And I have experienced few joys in my education as deeply as that of reading Hannah Arendt.

What a surprise, therefore, to see that Hannah Arendt writes that education and ingenuity are not and have never been the proper place for the display of human excellence. Arendt writes that excellence is found only in the public realm, that space to which “excellence has always been assigned.” Educational achievements—for example learnedness and scholarship—are important for students, but have nothing to do with excellence. But what does Arendt mean by human excellence? And why does it require a public realm? More to the point of modern debates, why is education not the proper locus of excellence?

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Education is one of the elementary and necessary human activities. The word education comes from the Latin verbs educare (to mold) and educere (to lead out). To teach and educate is to take a human being in the process of becoming and lead him or her out of the confines of the home into the world, into his or her community. Formal education, Arendt argues in The Crisis in Education, is the time when schools and teachers assume the responsibility for “what we generally call the free development of characteristic qualities and talents.” This is the stage in the educational development of the student in which he or she is not only introduced to the world, but when he or she becomes freely and spontaneously acquainted with those qualities that make one unique and further refined as a person.

It is also in school that we learn what human excellence is and the conditions in which human excellence is properly displayed. Human excellence, Arendt argues, is what the ancient Greeks called arête and the Roman virtus. The concepts of arete and virtus were always used by the ancients to denote the good and distinctive qualities embodied by those who performed in public. Drawing upon these concepts, Arendt argues that human excellence is a public act that manifests what she calls “inspiring principles,” e.g, prudence, justice, and courage, qualities of conduct that allow one to excel and distinguish oneself from all others.

Unlike the realm of the school, where one is expected only to learn and develop the characteristics used to make these principles manifest, the public realm demands that one act and embody excellence. It is our capacities for speech and action that allows for this display of excellence to be distinctively human. Arendt argues that only “in acting and speaking, [do] men show who they are, reveal actively their unique personal identity and thus make their appearance in the human world.” In contrast to education, which is concerned with the development of talents and virtues of the developing human being, in the political realm, these talents and virtues are fully developed and displayed.

Schools for Arendt are neither public nor private but “the institutions that we interpose between the private domain of home and the world in order to make the transition from the family to the world.” Schools are hidden from the world, as are the activities through which the student first displays his or her qualities and talents. Schools offer the student “the security of concealment in order to mature undisturbed.” But in order to achieve excellence, action needs an audience, a stage, a public realm where these characteristics can be properly manifested and properly received. Activities completed in school hide these characteristics and nurture the creative process, in contrast to those performed public, which always display the virtuosity, the excellence inherent in action.

The public realm is also the space of equality, which is alien to schools. In schools, the teacher is the authoritative figure, the one who knows the world, and in order to teach it, deference to authority is required. Arendt argues that this responsibility of authority is given to the educator because the educator not only knows the world but also belongs and acts in it. In the school, the educator acts as a representative of that world by “pointing out the details and saying to the child: this is our world.” Once the student knows the world and assumes responsibility for it, he or she can go into the world and act virtuously, display human excellence and start something new, which could potentially change it. This is why Arendt argues that school is not the “proper place” to display excellence, to act, and create something new. The ability to be excellent—to act, and to start something new—demands responsibility for the world. In education, this responsibility takes the form of authority, which is why it is given to the educator, and not to the student.

This does not mean, however, that Arendt is against changing the world; she is against changing it by disturbing the activity of education. Change, the new, is a phenomenon of the political realm, an activity performed among equal and fully-grown human beings. For Arendt, the “conservative function” that preserves traditions and the status quo in education comes to an end in the political realm. This conservative attitude in politics, she says, can only lead to destruction. As she explains: “because the world is made by mortals it wears out; and because it continuously changes its inhabitants it runs the risk of becoming as mortal as they. To preserve the world from the mortality of its creators and inhabitants it must be constantly set right anew.” Arendt maintains that to act and to change the world is expected of those who get educated and enter the community of adults and the political world.

As an immigrant student, I was surprised by the extraordinary commitment of my peers to be excellent. The dream of greatness and the desire for changing the world is also common among armchair “politicians” in academia. This ever-present enthusiasm for changing the world in academia is natural, especially if one believes to be living the true life of excellence. This desire, at times overconfident or even arrogant, is particular to Americans, not only in academia but also in every other sphere of life, and arises from what Arendt calls the “indefinite perfectibility” spirit that characterizes Americans.

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At a place like Bard College, most students I come in contact with trade insights and debate about what has to be changed on a daily basis. This constant craving for the new and their commitment to excellence uplifts my spirit and has stirred in me the desire to do great things as well; this is very inspiring. Yet, we are still students and Bard or any other educational institution is not the public world, and, as Arendt argues, “it must not pretend to be.” Bard represents the sphere where we are welcomed to and learn about the world from educators, so that one day we can change it, hopefully through human acts that embody excellence.

School for Arendt is where we learn and decide whether we love the world enough to assume responsibility for it and renew it or watch it fall as a victim of our very own condition of mortality. In order to change the world, one has to love and understand it. For Arendt, one has to learn to love the world, whether ones wishes to propagate and preserve it or to set it entirely anew; love of the world for her is what constitutes the world because it “fits me into it,” it allows one to ‘under-stand,’ to grasp while being in the midst of things. The world has to be constantly renewed but this can only happen once we leave the concealment of the classroom and acquire the courage to enter the political realm.

-Angel Arias

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
19Aug/131

Amor Mundi – 8/18/13

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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.

Judgment in Extremis

eichIn May 2013, the Hannah Arendt Center and ECLA of Bard sponsored a conference in Berlin: Judgment in Extremis, a conference Inspired by the Fiftieth Anniversary of Hannah Arendt's Eichmann in Jerusalem: A Report on the Banality of Evil. The video from the conference is now online and you can watch lectures by Roger Berkowitz, Jay Bernstein, Seyla Benhabib, Kerry Bystrom, Andreas Nachama, Gerd Hankel, and Christoph Menke. The conference focuses on the fact that Arendt's book on Eichmann's trial is actually a book less about Eichmann and the banality of evil than an inquiry into the problems of doing justice in extreme cases of evil of the kind Eichmann represented. This is especially apparent in the keynote talks by Roger Berkowitz and Christoph Menke. As Berkowitz frames the question, Arendt "didn't go to the trial to develop a thesis on the banality of evil; she went to the trial in order to answer this question on the adequacy and inadequacy of law to deal with extreme crimes like genocide. She had already developed this in the 1940s in correspondence with Karl Jaspers, and she writes, "We have no tools at hand except legal ones, with which we have to judge and pass sentence on something which cannot be adequately represented, either in legal terms, or in political terms." So she is dealing with a problem that she has already identified, and that problem is that law is just a way we deal with a trial and deal with crimes, and is inadequate for these kinds of experiences. In the Eichmann in Jerusalem book, proper, she repeats this same point. This is but one example among many to convey the inadequacy of the prevailing legal system, and the current judicial concepts, to deal with the fact of administrative massacres, organized by the state apparatus. I want to suggest here that this is really the question she goes to Israel to answer." For both Berkowitz and Menke, Eichmann in Jerusalem is a book about the inadequacy of law to deal with extreme cases of wrong and Arendt's response to that inadequacy. You can watch all the videos here.

The Pay is Too Damn Low

mcJames Surowiecki  over at the New Yorker  writes about the recent walkouts by fast food workers and attempts at local and federal levels to pass living wage bills. The real problem, he argues, is that fast-food workers are now family breadwinners: "[T]he reason this has become a big political issue is not that the jobs have changed; it's that the people doing the jobs have. Historically, low-wage work tended to be done either by the young or by women looking for part-time jobs to supplement family income. As the historian Bethany Moreton has shown, Walmart in its early days sought explicitly to hire underemployed married women. Fast-food workforces, meanwhile, were dominated by teen-agers. Now, though, plenty of family breadwinners are stuck in these jobs. That's because, over the past three decades, the U.S. economy has done a poor job of creating good middle-class jobs; five of the six fastest-growing job categories today pay less than the median wage. ... More of them are relying on their paychecks not for pin money or to pay for Friday-night dates but, rather, to support families." Surowiecki argues we need legislation to require higher wages and also increased governmental safety nets to guarantee a middle class life. But maybe also we need to face the reality that across the country, the standard of living we associate with a middle class lifestyle is simply beyond the means of most middle class jobs.

The Future in the Present

mags2Rebecca Bates talks to editor Jesse Pearson about the second issue of his magazine Apology, which he calls his "apologia against... the state of magazines today." When he elaborates, he talks about a way of publishing that is outside of time, noting that "many magazines seems to be overly obsessed with the new and are often lifestyle/culture catalogs for new, new, new, new, new. I like the idea of doing a magazine that owes nothing to the current moment."

Portrait of the Artist

artRyan Bloom recently  translated a wordless play of Albert Camus's. In the mimeodrama, an artist becomes distracted from his life by his art; as he paints, he removes himself from the world and the world passes him by.

 

Should I Stay or Should I Go?

transitIn a review of Anna Segher's recently republished book Transit, Adam Levy considers the German-Jewish-born Segher's experience of trying to find a way out of Marseilles in the first few years of World War II. Instead of writing her attempts to leave into her novel, she invents a protagonist who is desperate to stay; in doing so, Levy says, she turns the tragedy of the refugee on its head: "You could say that permanence is the goal of the displaced, and not always to return home. For the narrator of Transit this is certainly the case. What home is left for him to return to? And if home resides somewhere else... what would be the point in continuing to run? The logistics of staying put, however, set the narrator paradoxically on the road to departure: to stay in Marseille he must prove that he is preparing to leave."

The Newspaper in its Twilight

newspaperIn the wake of Amazon mogul Jeff Bezos's purchase of the Washington Post, Todd Gitlin writes about just what happened to the American newspaper: "The business model built on advertising and circulation to sustain a professional staff lasted roughly a century, and is now skidding and smoldering when it is not crashing and burning. Suburbanization killed afternoon papers, and along with television, drained department stores of their taste for full-page display ads. The Internet ate up the classifieds. At both high and low-end papers, circulation, stagnant for years at best, plunged, as did profits, especially the sort of superprofits that became de rigueur as newspaper chains and other publicly traded media companies squeezed the newsrooms for more (and less news) for their bucks."

Featured Events

smallfailingOctober 3-4, 2013

The sixth annual fall conference, "Failing Fast:The Crisis of the Educated Citizen"

Olin Hall, Bard College

Learn more here.

 

 

 

From the Hannah Arendt Center Blog

This week on the blog, Lance Strate wonders whether or not we can survive the entertainment age. Jeffrey Jurgens considers recent events in Germany's refugee politics.

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
10May/131

The Courage to Do What is Right

ArendtWeekendReading

The detention facility in Guantanamo Bay, Cuba hangs over the United States and now the Obama administration like a cloud of acid rain. In recent months hunger strikes once again have brought the injustice of the camp, the inhumane treatment of its inhabitants, and the indefinite detention of its inmates to the attention of the world. The camp is now an indelible blot on the United States, both on our reputation abroad, as well as upon our self-image as a land of constitutional republicanism. Above all it is a meaningful challenge to our self-respect.

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Most of the 779 people that Wikipedia says were brought to Guantanamo were never charged with a crime. Of the fewer than 200 who remain, some no doubt are terrorists and criminals; others, equally as clearly, were unjustly captured, imprisoned, tortured. They are now being held outside rules of law and in violation of our legal and constitutional traditions of freedom. No doubt there are inconvenient questions about what to do with these men. But they are men under our collective care and they are owed more than being kept like animals in pens in purgatory.

President Obama has announced once again his decision to close the camp. We wish him the courage to do what is right. At this moment, it is worth recalling the case of Mohammed Jawad, the first Guantanamo detainee to testify under oath and to a military commission about being tortured by his American captors. Last month there was a dramatic reading of statements made by Jawad's lawyer, David Frakt, juxtaposed with statements made by the case's lead prosecutor, Darrel  Vandeveld who left the military in order to help free Jawad. The reading was held at the Pen World Voices Festival of International Literature. In their statements, both men use the language of Constitutionality to suggest that, by torturing detainees such as Jawad, "America," as Frakt puts it, "lost a little of its greatness."

Here is what Vandeveld, a lifelong military man, writes of his choice to testify in favor of Jawad:

In 2007, I volunteered to prosecute detainees at Guantanamo in the U.S. military commissions. I was assigned as the lead prosecutor in several cases, including the case of Mohammed Jawad, a young man from Afghanistan. While I was a prosecutor, David Frakt helped me to find and expose gross human rights abuses of Mohammed and other detainees by the U.S. government. In September 2008, I became convinced that the prosecution of Mohammed was unjust and that the military commissions were grossly flawed. I requested to be relieved and reassigned to other duties. After stepping down from the prosecution, I worked with David Frakt to expose detainee abuse, to secure Mohammed’s release and bring about much-needed reforms to the U.S. military commissions.

Vandeveld served 24 years in the army, winning a bronze star for valor in Iraq. After his service he went to law school and became a military lawyer. His decision to ask to be relieved from his prosecution duties was, he writes, simply doing his duty: “I did it because I believe in truth, justice, the rule of law, and our common humanity. I did it for Mohammed Jawad, I did it because it was my duty, and I did it for us all.”

mohammad

Mohammah Jawad

As the debate about closing Guantanamo heats up, this is a good time to acquaint oneself with the case of Mohammed Jawad. The transcript from the staged discussion between David Frakt and Darrel Vandeveld is a good place to begin. We are all indebted to The Mantle for publishing it. It is your weekend read.

-RB

Roger Berkowitz
Roger Berkowitz is Associate Professor of Political Studies and Human Rights at Bard College, and Academic Director of the Hannah Arendt Center for Politics and the Humanities. He is also the author of "Gift of Science: Leibiniz and the Modern Legal Tradition", as well as co-editor of "Thinking in Dark Times: Hannah Arendt on Ethics and Politics".
3May/1317

MOOCs: The Debate Continues

ArendtWeekendReading

After months in which university after university signed on to the bandwagon for Massive Open Online Courses called MOOCs, the battle over the future of education has finally begun. This week Duke University pulled out of EdX, the Harvard/MIT led consortium of Massive Open Online Courses called MOOC’s.

moocs

The reason: Its faculty rebelled. According to The New York Times,

While [Duke provost Peter] Lange saw the consortium as expanding the courses available to Duke students, some faculty members worried that the long-term effect might be for the university to offer fewer courses — and hire fewer professors. Others said there had been inadequate consultation with the faculty.

The Times also reports that faculty at Amherst College, my alma mater and former employer, voted against joining EdX. Again, the faculty saw danger. My former colleagues worried that the introduction of online courses would detrimentally impact the quality and spirit of education and the small liberal arts college. They also, as our friends over at ViaMeadia report, worried that MOOCs would “take student tuition dollars away from so-called middle-tier and lower-tier” schools, pushing their colleagues at these institutions out of their jobs.

And that brings us to ground zero of the battle between the faculty and the MOOCs: San Jose State University. San Jose State has jumped out as a leader in the use of blended online and offline courses. Mohammad H. Qayoumi, the university's president, has defended his embrace of online curricula on both educational and financial grounds. He points to one course, "Circuits & Electronics," offered by EdX. In a pilot program, students in that course did better than students in similar real-world courses taught by San Jose State professors. Where nearly 40% of San Jose students taking their traditional course received a C or lower, only 9% of students taking the EdX course did. For Qayoumi and others, such studies offer compelling grounds for integrating MOOCs into the curriculum. The buzzword is “blended courses,” in which the MOOCs are used in conjunction with faculty tutors. In this “flipped classroom,” the old model in which students listen to lectures in lecture halls and then do assignments at home, is replaced by online lectures supplemented by discussions and exercises done in class with professors. As I have written, such a model can be pedagogically powerful, if done right.

But as attractive as MOOCs may be, they carry with them real dangers. And these dangers emerge front and center in the hard-hitting Open Letter that the philosophy department at San Jose State University has published addressed to Michael Sandel. Sandel is the Harvard Professor famous for his popular and excellent course “Justice,” that has been wowing and provoking Harvard undergraduates for decades. Sandel not only teaches his course, he has branded it. He sells videos of the course; he published a book called Justice based on the course, and, most recently, created an online video version of the course for EdX.  San Jose State recently became one of the first public universities in the country to sign a contract paying for the use of EdX courses. This is what led to the letter from the philosophers.

edx

The letter begins by laying out the clear issue. The San Jose Philosophy department has professors who can teach courses in justice and ethics of the kind Sandel teaches. From their point of view, “There is no pedagogical problem in our department that JusticeX solves, nor do we have a shortage of faculty capable of teaching our equivalent course.” In short, while some students may prefer a course with a famous Harvard professor, the faculty at San Jose State believe that they are qualified to teach about Justice.

Given their qualifications, the philosophy professors conclude that the real reason for the contract with EdX is not increased educational value, but simply cost. As they write: "We believe that long-term financial considerations motivate the call for massively open online courses (MOOCs) at public universities such as ours.

In short, the faculty sees the writing on the wall. Whatever boilerplate rhetoric about blended courses and educational benefit may be fashionable and necessary, the real issue is simple. Public universities (and many private ones as well) will not keep paying the salaries of professors when those professors are not needed.

While for now professors are kept on to teach courses in a blended classroom, there will soon be need for many fewer professors. As students take Professor Sandel’s class at universities around the country, they will eventually work with teaching assistants—just as students do at Harvard, where Professor Sandel has pitifully little interaction with his hundreds of students in every class. These teaching assistants make little money, significantly less than a tenured or even a non-tenured professor. It is only a matter of time before many university classes are taught virtually by superstar professors assisted by armies of low-paid onsite assistants. State universities will then be able to educate significantly more students at a fraction of the current cost. For many students this will be a great boon—a certified and possibly quality education at a cheap price. For most California voters, this is a good deal. But it is precisely what the faculty at San Jose State fear. As they write:

We believe the purchasing of online and blended courses is not driven by concerns about pedagogy, but by an effort to restructure the U.S. university system in general, and our own California State University system in particular. If the concern were pedagogically motivated, we would expect faculty to be consulted and to monitor quality control. On the other hand, when change is financially driven and involves a compromise of quality it is done quickly, without consulting faculty or curriculum committees, and behind closed doors. This is essentially what happened with SJSU's contract with edX. At a press conference (April 10, 2013 at SJSU) announcing the signing of the contract with edX, California Lieutenant Governor Gavin Newsom acknowledged as much: "The old education financing model, frankly, is no longer sustainable." This is the crux of the problem. It is time to stop masking the real issue of MOOCs and blended courses behind empty rhetoric about a new generation and a new world. The purchasing of MOOCs and blended courses from outside vendors is the first step toward restructuring the CSU.

The San Jose State philosophy professors are undoubtedly correct. We are facing a systematic transformation in higher education in this country and also in secondary education as well. Just as the Internet has revolutionized journalism and just as it is now shaking the foundations of medicine and law, the Internet will not leave education alone. Change seems nigh. Part of this change is being driven by cost. Some of it is also being driven by the failures and perceived failures of our current system. The question for those of us in the world of higher education is whether we can respond intelligently to save the good and change out the bad. It is time that faculties around the country focus on this question and for that we should all be thankful to the philosophy professors at San Jose State.

The Open Letter offers three main points to argue that it is bad pedagogy to replace them with the blended course model of MOOCs and teaching assistants.

First, they argue that good teaching requires professors engaged in research. When professors are engaged in active research programs, they are interested in and motivated by their fields. Students can perceive if a professor is bored with a class and students will always learn more and be driven to study and excel by professors who feel that their work matters. Some may wonder what the use of research is that is read by only a few colleagues around the world, but one answer is that such research is necessary to keep professors fresh and sharp.  We all know the sad fate of professors who have disengaged from research.

Second, the philosophy professors accept the argument of many including myself that large lectures are not the best way to teach. They teach by the Socratic method, interacting with students. Such classes, they write, are much better than having students watch Professor Sandel engage Socratically with faculty at Harvard. Of course, the MOOC model would still allow for Socratic and personal engagement, just by much lower paid purveyors of the craft. The unanswered question is whether low-paid assistants can be trained to teach well. The answer may well be yes.

Third, the philosophy faculty worry about the exact same moral justice course being taught across the country. We can already see the disciplinary barricades being drawn. It may be one thing to teach Math to the whole country from one or two MOOCs, but philosophy needs multiple perspectives. But how many? The philosophy professors suggest that their highly diverse and often lower-middle-class students have different experiences and references than do Professor Sandel’s Harvard students. They can, in the classroom, better connect with these students than Professor Sandel via online lectures.

The points the San Jose State philosophy professors raise are important. In many ways, however, their letter misses the point. Our educational system is now structured on a few questionable premises. First, that everyone who attends college wants a liberal arts education. That is simply not true. Many students simply want a credential to get a job. If these students can be taught well and more cheaply, we should help them. There is a question of whether we need to offer everyone the same kind of highly personalized and expensive education. While such arguments will be lambasted as elitist, it is nevertheless true that not everyone wants or needs to read Kant closely. We should seek to protect the ability of those who do—no matter their economic class—and also allow those who don’t a more efficient path through school.

A second questionable premise is that specialization is necessary to be a good teacher. This also is false. Too much specialization removes one from the world of common sense. As I have argued before, we need professors who are educated more generally. It is important to learn about Shakespeare and Aristotle, but you don’t need to be a specialist in Shakespeare or Aristotle to teach them well and thoughtfully to undergraduates. This is not an argument against the Ph.D.  It is important to study and learn an intellectual tradition if you are going to teach. But it is an argument against the professionalization of the Ph.D. and of graduate education in general. It is also an argument against the dominance of undergraduate curriculum by professionalized scholars.

Third, and perhaps most importantly, is the premise that everyone needs to go to college. If we put a fraction of the resources we currently spend on remedial education for college students back into public high schools in this country, we could begin the process of transforming high school into a serious and meaningful activity. For one thing, we could begin employing Ph.D.s as high school teachers as are many of the emerging early colleges opening around the country.

classroom

I am sympathetic to the philosophy professors at San Jose State. I too teach a course on Justice called “The Foundation of Law: The Quest for Justice.” It is a course quite similar and yet meaningfully different from Michael Sandel’s course on Justice. I believe it is better, no offense meant. And I would be upset if I were told next year that instead of teaching my course I would be in effect a glorified TA for Professor Sandel. I hope it doesn’t come to that, but I know it might.

The only response for those whose jobs are being replaced by computers or the Internet is to go out and figure out how to do it better. That is what happened to journalists who were fired in droves. Many quit voluntarily and began developing new models of journalism, including blogs that have enriched our public discourse and largely rejuvenated public journalism in this country. Blogs, of course, are not perfect, and there is the question of how to make a living writing one. But enterprising bloggers like Andrew Sullivan and Walter Russell Mead are figuring that out. So too are professors like Michael Sandel and Andrew Ng.

We need educators to become experimental these days, to create small schools and intensive curricula within larger institutions that make the most of the personal interaction that is the core of true pedagogy. If that happens, and if teachers offer meaningful education for which students or our taxpayers will pay, then our jobs will be safe. And our students will be better for it. For this reason, we should welcome the technology as a push to make ourselves better teachers.

The Open Letter to Michael Sandel deserves a response. I hope Professor Sandel offers one. Until then, I recommend that this beautiful Spring weekend you read the letter from the San Jose State Philosophy Department. It is your weekend read.

-RB

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

Forgiveness

Arendtquote

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

—Hannah Arendt, The Human Condition

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

forgive

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

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

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

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

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

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

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

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

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

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

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

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

She continues,

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

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

eichmn

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

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

-Grace Hunt

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
15Feb/130

Dworkin’s Law & Justice

Ronald Dworkin died yesterday, Thursday. He was 81.

For much of my early career as someone engaged in the question of justice, Ronald Dworkin was one of my imaginary antagonists. Reading Dworkin was eternally frustrating. I was consumed with the inevitable temptation to take on Dworkin’s unwavering apologies for legal power. Dworkin was the great defender of the morality of the state, an idea that I had a hard time accepting. He was an advocate for legitimacy of legal rule, which often seemed ungrounded and illegitimate. Above all, his magnum opus, Law's Empire, is a celebration of the imperial grandeur of law, when law often seemed to my youthful and often angry eye to be rather the embodiment of power, interest, and money.

For Dworkin, ‘we’—lawyers, judges, and philosophers of Law’s Empire—are engaged in the utopian project of purifying law. And law, in turn, purifies us. In being “subjects of law’s empire, liegemen to its methods and ideals,” we bridle our action and reasoning with the constraints of legal thinking. What law requires, above all, is that our actions be made consistent with the foundational moral principles embodied in and by the community. Interpreted correctly—that is, observing the integrity of the moral world—law leads to decisions that enrich a “narrative story” of who we are. It is a story that, for Dworkin, makes our practices and institutions “the best they can be.”

Law in Dworkin’s writing embodies a “flourishing legal system” and carries with itself the possibility of securing the utopian and political ideals of fairness, justice, and procedural due process.  Lawyers, judges, and especially legal philosophers, are the people responsible for dreaming utopian dreams—dreams “already latent in the present law”—and working to bring about those dreams through law and the legal system.  Law, therefore, cannot simply be conventional and self-referential; it must hold within it the promise for progressive societal change. Left, utopian politics, Dworkin states, is law.  Or, in other words, law is the center of all political and ethical progress in modern civilized states.

It is not hard to point out inconsistencies and tensions in Dworkin’s philo-legalism. Dworkin’s many critics reveled in pointing to law’s promises of equality broken and its ideal of justice contradicted. The law does not always act for good. But that means that those who would defend law’s empire have a choice. They can defend the law pragmatically and politically—arguing that law is simply a tool in the larger political struggle for justice. Or they can seek to weave the entirety of the law—good and bad—into an overarching moral universe—imagining law as an ideal that can and should in its nature propel us fitfully toward a more just world. Dworkin took the latter approach. The more I saw the impossibility of his project, the greater became my respect for the nobility and grandeur of his effort.

Much of Dworkin’s academic work is full of abstract theory. Perhaps his most enduring contribution, however, is a single metaphor. Law, Dworkin writes, is like a chain novel. And judges, he argues, are “authors as well as critics” who participate in the collaborative writing of the novel that is the law. The chain novel—in which “a group of novelists writes seriatim”—unfolds chapter by chapter, each written by a different author.  Each author is required both to fit her interpretation to what has come before—i.e. to make an interpretive judgment about the text under the assumption that it was written by a single author—and to judge which of the possible interpretations makes the work in progress the best it can be.  The judgment involves a substantive aesthetic choice; Dworkin insists that this choice is not arbitrary. It is constrained by the structure, plot, and style of the text and authors that have come before.

Dworkin’s claim is that in interpreting and authoring the chain novel, each successive author is not limited to the dichotomous choice between finding the meaning in the text and inventing the meaning of the text. Instead, “each novelist aims to make a single novel.” To do so is not simple and will involve a multifaceted engagement with the text and the principles of what has come before. The author must “find layers and currents of meaning rather than a single, exhaustive theme.” And yet, he “cannot adopt any interpretation, however complex.” Each new interpretation and creation must make the entirety of the chain novel fit together in the best way possible.

Similarly, each judge who decides a case must judge with what Dworkin calls integrity. This means that every judge must find in what has come before the “principle” that “is instinct in law.” When a judge does this, “he reports not a simple-minded claim about the motives of past statesmen, a claim a wise cynic can easily refute, but an interpretive proposal: that the principle both fits and justifies some complex part of legal practice, that it provides an attractive way to see, in the structure of that practice, the consistency of principle integrity requires.” Interpretive practice requires an author to distinguish between continuing the novel and beginning it anew.  Only judgments that continue the law’s story are judgments with integrity.

Dworkin’s analogy of law to a chain novel can be read, sympathetically, as saying: look, we have this community with these values and within it neutral judgments based on laws are impossible.  If we want law, we better figure out a way to make those judgments possible or we are back to justifying law as the rule of those with power.  Law as integrity is such a way.  You external skeptics can go around saying our community is contingent and constructed but sooner or later you are going to have to choose between nihilsim and ethical engagement.

What Dworkin yearned for was a theory of interpretation that could assimilate the entirety of the past into a common and clear narrative of the present. His model judge, Hercules, was the judge whose power of interpretation was so fecund as to master the mass of judgments, facts, and decisions into a single, best, and just narrative.

That such a herculean task is not possible—and that defending such a stance could serve as a smoke screen for the interests and power behind the law—was something Dworkin refused to concede.

In the last decade Dworkin turned from abstract legal philosophy to popular writing, which often appeared in the New York Review of Books. His writing about current issues and cases was clear, moral, and passionate—if also quite predictable. Somehow, Dworkin always found that judging with integrity required decisions in accord with a fundamentally mainstream-left-of-center point of view.

Whatever his limits, Dworkin stood for the undying idea that law—whatever its shortcomings—should aspire to do justice. For this reason alone, if nothing else, we should celebrate him.

The best obituaries so far are found in The Guardian and The New York Times. But better yet, open up your old volume of Law’s Empire. And if you don’t have it handy, here is a version you can navigate on the web.

-RB

 

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