Islamic and Liberal Intersections
Over the course of the past two decades, the political idiom of liberalism has substantially expanded its global reach and dominance. In the vast majority of the world’s existing states, principles of individual rights and collective recognition have been or are being enshrined in constitutions and other legal codes, and actors in the public sphere and the realm of civil society are adopting liberal discourse in order to press their claims for equality and freedom. The recent Arab Spring is only one of the most recent instantiations of this larger trend.
Yet even as we acknowledge liberalism’s dominance, we should not overlook those settings where it still (and ironically) carries a counter-hegemonic charge. One such locale is the Republic of Turkey, ostensibly one of the most stable and democratic states in the wider Middle East. Here a variety of Islamic organizations have relied on liberal imaginings in their efforts to challenge the state’s anti-clerical model of secularism.
This Islamic recourse to liberalism is the central concern of Jeremy Walton’s intriguing article in the most recent American Ethnologist, “Confessional Pluralism and the Civil Society Effect.” Walton pays particular attention to the work of four Islamic NGOs in Istanbul and Ankara, all of which have adopted the language of confessional pluralism in their efforts to obtain recognition from the state and secure their inclusion in Turkish public life.[i] These organizations define “religion” as a nonpolitical, voluntary mode of social and ethical life that legitimately, indeed necessarily, takes different forms. They also insist that these varied modes of life deserve acknowledgement and protection on the basis of “the ostensibly universal values of liberty and equality.”
When viewed from the perspective of Turkey’s party politics, these NGOs make strange bedfellows. Three of the organizations analyzed by Walton represent Alevism, a syncretic minority tradition that can be broadly defined by its emphasis on Twelver Shi’a history and belief, its incorporation of Central Asian mystical and shamanistic practices, and its distinctive ritual performances. Alevis have typically supported the Republican People’s Party (CHP, the party established by Mustafa Kemal Atatürk) because its staunch secularism has appeared to offer a bulwark against Sunni majoritarianism and discrimination. The fourth organization, meanwhile, is a Sunni association inspired by the contemporary Turkish theologian Fethullah Gülen and his project of universal religious dialogue. It also epitomizes the recent emergence of the Sunni Muslim bourgeoisie, the constituency that has played a pivotal role in the ascendance of the Justice and Development Party (AKP) under Prime Minister Recep Tayyip Erdoğan. Thanks to its overwhelming success in local and national elections over the past decade, the AKP has effectively supplanted the CHP as Turkey’s preeminent political party.
Yet as Walton rightly notes, these NGOs’ seemingly obvious political differences belie their common turn to the liberal rhetoric of pluralism and collective recognition. All of them desire public acknowledgement of their own (and others’) communities and identities, and all thereby challenge the presumption of ethnolinguistic and religious homogeneity that has prevailed in Turkish governmental discourse since the founding of the Republic in 1923. In addition, all of these organizations question the state’s long-standing effort not only to define and regulate the legitimate practice of religion (especially Sunni Islam), but also to limit religious expression to the private sphere. These rather paradoxical governmental imperatives, which remained largely unchallenged in Turkey until the 1990s, can be traced to the laicist model of secularism that the Republic adopted from the French Jacobin tradition.
In subtle or dramatic ways, all of these NGOs seek to divert Turkish secularism from its previous path. One of the Alevi organizations, for example, seeks a mode of pluralism that would grant to Alevis the same privileges—state funding for houses of worship, inclusion in the mandatory religion classes taught in public schools—that the state has historically allocated to Sunni Islam. Another Alevi association, by contrast, favors an “American-style” secularism that would limit or even prohibit state intervention in religious affairs. The Sunni organization, meanwhile, seeks to promote tolerance and public dialogue across confessional boundaries in a manner that departs markedly from the state’s efforts to privatize religious expression. Significantly, the idiom of liberalism is flexible enough to accommodate these varied and not always compatible projects.
At the same time, the liberal language of confessional pluralism creates tensions and dilemmas for the very organizations that seek to mobilize it. Above all, claims for collective recognition presume coherent and “authentic” (i.e., long-standing, non- or pre-political) religious identities as the necessary ground for communal acknowledgement and equal protection. As Walton convincingly relates, it is precisely such coherence and authenticity that prove elusive for many Islamic NGOs. Alevi associations in particular are defined by intense arguments over the very definition of Alevi identity. Does Alevism constitute a distinct and more or less uniform tradition of its own? What precisely is its relationship with Islam? Does Alevism even constitute a “religion” as the concept is commonly understood, or is it rather a body of folklore, a philosophical and political orientation, or an ethnicity? Alevi associations disagree sharply on the answers to these questions, even as they share a common discursive logic.
Walton is somewhat less persuasive, however, when he turns to Islamic NGOs’ relationship to the state and state governance. In his reading, these associations engage in a form of “nongovernmental politics” that does not aspire to occupy the position of a governing agency. In fact, they contribute to what Walton, drawing on the work of Timothy Mitchell, calls “the civil society effect”: the romantic notion that civil society constitutes “a self-evident domain of freedom and authenticity” wholly autonomous from the state. I follow Walton’s reasoning when he notes that the NGOs he analyzes have displayed an increasing skepticism toward Turkey’s dominant model of secularism and its major political parties, including the CHP and the AKP. I believe he oversteps, however, when he suggests that many if not all of these associations dismiss political society and the state. To my mind, the very language of liberalism adopted by these NGOs indicates that they care a great deal about the state and its policies. Very much in the spirit of Arendt’s celebrated pronouncements in The Origins of Totalitarianism, they grasp that rights and recognition, if they are to have real substance, must be backed and warranted by the state’s governmental power.
This wrong turn notwithstanding, Walton’s argument makes for stimulating reading. Perhaps above all, it offers a sharp challenge to the still common presumption that Islam and modern politics are hermetically separate, fundamentally irreconcilable domains. Instead, as Walton subtly demonstrates, they “authorize, animate, challenge, and contextualize each other in contextually specific ways.”
-Jeffrey Jurgens
__________________________________________
[i] For the sake of easy reading, I do not dwell on the NGOs by name, but the Alevi associations include the Cem Foundation, the Hacı Bektaş Veli Anatolian Cultural Foundation, and the Ehl-i Beyt Foundation. The Sunni association aligned with Gülen is the Journalists and Writers Foundation.
Forgiveness
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.
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.
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.
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
Say Goodbye to Law Schools: and Credentials More Generally
Law school applications have gone off a cliff. Just look at this statistic from today’s NY Times.
As of this month, there were 30,000 applicants to law schools for the fall, a 20 percent decrease from the same time last year and a 38 percent decline from 2010, according to the Law School Admission Council. Of some 200 law schools nationwide, only 4 have seen increases in applications this year. In 2004 there were 100,000 applicants to law schools; this year there are likely to be 54,000.
This radical drop in law school applications is not because people are suddenly reading Shakespeare. The reason is clear. Lawyers aren’t getting jobs. For law school grads in 2011, only 55% got full-time jobs working as lawyers. That means 45% did not get jobs they were trained to do. No wonder students and their parents aren’t lining up to take out debt to get a legal education.
Just as journalism has been upended by the Internet revolution, so too law is changing. The changes are different. Lawyers are still needed and law firms will exist. But more of the work can be done more cheaply, off-location, and by fewer people. Quite simply, we need fewer lawyers. And those we do need, don’t command the salaries they once did.
Finally, law school was for years the refuge of the uncommitted. For liberal arts grad unsure of what to do next, the answer was law school. But now with tuitions skyrocketing, debt ballooning, and job prospects dimming, law schools are out of favor.
What is more, these changes coming to law schools will be coming to other professional and graduate schools as well. All those Ph.D.s in hyper-specialized disciplines ranging from Italian studies to Political Theory are in for a really tragically rude awakening? There are no jobs. And those jobs are not coming back. For academics to keep bringing young scholars into Ph.D. programs now is really deeply wrong.
This retreat from law school is a good thing. My J.D. was hardly an educational experience worth three years of my time. Law schools are caught between being professional schools training practicing lawyers and the desire to be also to be something more. The result, they largely do neither well. They don’t produce lawyers ready to practice. Nor do they produce deep legal minds. Little would be lost if law school were reduced to 2 years (or even less), which is why legal academics are pushing an experiment to offer two-year J.D.s.
Education does matter and will continue to distinguish people who pursue it and excel at it. Liberal arts majors who combine a love for the renaissance with an interest in dance will succeed, whether they create new works of art or found a business curating Italian wines, these students learn to pursue their dreams. Education will survive because it raises people from their daily lives to the life of the mind. Education, as opposed to factory schools and large lectures, fosters creativity and daring, leading people to invent lives for themselves in pursuit of their passions.
While education will survive, schools and universities that have become credentialing factories will be increasingly challenged. When what matters is measureable performance, credentials will become ever less important. Law schools—at least many of them that do not offer an elite status—are credentialing institutions. So too are many of the colleges and universities around the country, where students sit in large lectures for four years so that they can get a degree that stamps them employable. Such credentials are ever less valuable in an age of cheap Internet driven education. That is why these institutions are under pressure.
-RB
Thinking through the Human Condition: Arendt and Anthropology
Modern secular-liberal sensibilities commonly presume that a fundamental opposition exists between freedom and authority, and they often equate freedom with autonomy of the will. That is, they associate freedom with an individual’s capacity to exercise a form of independent self-governance that does not bow to political dictates, religious injunctions, and other social constraints.
Hannah Arendt takes issue with this conception in her essay “What is Freedom?” Among her other objections, she insists that such a preoccupation with the autonomous will leads us to equate freedom with sovereignty (rather than, as in her argument, with the human penchant for making beginnings and bringing novelty into the world). “Within the conceptual framework of traditional philosophy,” she writes, “it is indeed very difficult to understand how freedom and non-sovereignty can exist together or, to put it another way, how freedom could have been given to men under the condition of non-sovereignty” (The Portable Hannah Arendt, p. 455).
Although Arendt had something somewhat different in mind, her remark aptly addresses many of the issues raised by recent anthropological work on the Islamic revival, including Mayanthi Fernando’s research on pious Muslim women in France. As Fernando relates in “Reconfiguring Freedom,” a 2010 article that appeared in American Ethnologist, many Muslim women regard their piety as an expression of their desire for a full and authentic relationship with God. On the one hand, they assert that they seek this relationship voluntarily and on the basis of their own reasoned convictions, not because it has been imposed on them by imams or male relatives. In this respect, they invoke a sense of personal autonomy that resonates with French secular-liberal sensibilities.
On the other hand, these women regard their pious practices, including their adoption of the headscarf, as the means to realize true ethical selfhood through, rather than against, the authority of the Islamic tradition. In their understanding, veiling and other forms of Islamic devotion are not optional signs of their faith, but necessary and even obligatory modes of cultivating a Muslim subjectivity.
While the believer decides to pray, fast, and veil, she is also guided by authoritative texts and arguments that prescribe the norms to be adopted. In the process, these women “subtly but fundamentally reconfigure secular notions of personal autonomy and modern religiosity such that normative religious authority and inner, individual desire are not constituted by a relationship of opposition, but rather are inextricably linked” (Fernando, p. 26). They thereby challenge the notion that freedom is necessarily located within, and enacted by, a sovereign self.
Significantly, this conception and practice of devotion is largely unintelligible within French law and wider public discourse. French legal thought draws a basic distinction between the believer’s “inner” conscience and the “outward” manifestation of that conscience, and it insists that limitations on the public expression of religious conviction do not fundamentally violate constitutionally guaranteed rights to religious liberty. This distinction was central to the 2004 law that banned the headscarf and other “conspicuous religious signs” in French public schools, but as I have already suggested, many French Muslim women (and men) do not regard their pious practices as merely contingent and dispensable expressions of their religious beliefs.
At the same time, secular-liberal critics of veiling continue to presume that the notion of religious obligation negates any claim that a pious practice is (also) the result of personal desire and decision-making. In this perspective, “individually inspired choices emerge in the absence of authority (religious or otherwise), and religious obligations (or ‘requirements’) are understood as non-autonomous behavior defined and compelled by normative authority” (Fernando, p. 27). Such an understanding fails to acknowledge many Muslim women’s avowal that they are genuinely following their conscience in a manner that aligns with secular-liberal sensibilities. Moreover, in its more pointed formulations, this conception presumes that women who veil limit other (non-veiling) women’s autonomy by effectively pressuring them to conform to authoritative religious norms.
In the face of such entrenched skepticism, many Muslim opponents of the 2004 law have sought to defend veiling as a matter of women’s personal choice and individual freedom. They have also avoided most references to religious obligation for fear of being disqualified from public debate as a “fundamentalist.”
To my mind, the preceding discussion illustrates the ongoing relevance of Arendt’s thought, but it also suggests that we should read her work with care. After all, she contends in her essay “What is Authority?” that the modern world has witnessed the thorough-going breakdown of established forms of religion, tradition, and authority. This claim is not borne out in Fernando’s work: indeed, many French Muslims continue to orient their lives toward a tradition “[handed] down from one generation to the next [through] the testimony of the ancestors, who first had witnessed and created the sacred founding and then augmented it by their authority through the centuries” (The Portable Hannah Arendt, p. 488).
This passage actually refers to the relationship the ancient Romans adopted toward the establishment of Rome and their defining body politic. But the thought relates remarkably well to Muslim understandings of the Prophet Muhammad’s revelation as the founding event of Islam as well as its later elaboration in the sunna, hadith, and other bodies of commentary. In the end, the Islamic revival in France and other countries reveals many Muslims’ active commitment to a mode of religious authority that rests, in Arendt’s words, on “an obedience in which men retain their freedom” (The Portable Hannah Arendt, p. 474). Such authority has not dissolved in the crucible of modernity. It has only been resituated and redefined.
-Jeff Jurgens
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