Hannah Arendt Center for Politics and Humanities
21Jun/144

The Conscience of Edward Snowden

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In the New York Review of Books, Sue Halpern argues that we should pay less attention to the character of actors like Edward Snowden and Glenn Greenwald and focus more on the governmental actions they have revealed. Yet much if not most of Halpern’s essay focuses on Snowden and Greenwald themselves, and the paragraph that stands out in Halpern’s essay goes directly to Snowden’s decision to leave the country and evade confronting the U.S. Government in court:

It is here that Edward Snowden’s story begins to sound much like those of Thomas Drake, William Binney, Kirk Wiebe, and Edward Loomis, longtime NSA employees who, a few years earlier than Snowden, attempted to raise concerns with their superiors—only to find themselves rebuffed—about what they perceived to be NSA overreach and illegality when they learned that the agency was indiscriminately monitoring the communications of American citizens without warrants. Binney, Wiebe, and Loomis resigned—and later found themselves the subjects of FBI interrogations. Drake, however, stayed on and brought his suspicions to the office of general counsel for the NSA, where he was told: “Don’t ask any more questions, Mr. Drake.” Frustrated, Drake eventually leaked what he knew to a reporter for The Baltimore Sun. The upshot: a home invasion by the FBI, a federal indictment, and the threat of thirty-five years in prison for being in possession of classified documents that, when he obtained them, had not been classified. After years of harassment by the government and Drake’s financial ruin, the case was dropped the night before trial. It was against this backdrop that Snowden found himself contemplating what to do with what he knew. Stymied by an unresponsive bureaucracy, seeing the fate of earlier NSA whistleblowers, and finding no adequate provisions within the system to challenge the legality of government activity if that activity was considered by the government to touch on national security, he nonetheless set about gathering the evidence to make his case.

For those who would defend Snowden, this narrative is essential. The claim is that the United States now is simply not like the United States of the 1960s and 1970s when Daniel Ellsberg gave himself up after releasing the Pentagon Papers. Ellsberg himself has made this argument while defending Snowden, arguing that Snowden and whistleblowers like him simply cannot and should not trust the U.S. government to treat them legally and humanely.

16Dec/130

Amor Mundi 12/15/13

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.

Dasani

dasaniReaders around the world have been introduced to Dasani this week. Not the water, but the girl from the decrepit Auburn homeless shelter. Dasani is a force of nature as she struggles to raise her siblings, deal with her well-meaning but overwhelmed parents, and make a life for herself from out of the shadows of homelessness and dysfunction. Andrea Elliott’s five-part series in the NY Times follows Dasani over a year; it is expansive journalism, one of the best essays exploring the horrors and hopes of the poor and forgotten. Read all five parts, and you’ll understand what Elliott is after: “Dasani’s circumstances are largely the outcome of parental dysfunction. While nearly one-third of New York’s homeless children are supported by a working adult, her mother and father are unemployed, have a history of arrests and are battling drug addiction. Yet Dasani’s trials are not solely of her parents’ making. They are also the result of decisions made a world away, in the marble confines of City Hall. With the economy growing in 2004, the Bloomberg administration adopted sweeping new policies intended to push the homeless to become more self-reliant. They would no longer get priority access to public housing and other programs, but would receive short-term help with rent. Poor people would be empowered, the mayor argued, and homelessness would decline. But the opposite happened. As rents steadily rose and low-income wages stagnated, chronically poor families like Dasani’s found themselves stuck in a shelter system with fewer exits. Families are now languishing there longer than ever — a development that Mr. Bloomberg explained by saying shelters offered “a much more pleasurable experience than they ever had before.””

Decay of American Political Institutions

flagFrancis Fukuyama has a new essay up on “The Decay of American Political Institutions.” Fukuyama begins with a basic point that is undeniable, and is artfully made manifest in George Packer’s National Book Award Winning The Unwinding: “Many political institutions in the United States are decaying.” “The decay in the quality of American government has to do directly with the American penchant for a state of “courts and parties”, which has returned to center stage in the past fifty years. The courts and legislature have increasingly usurped many of the proper functions of the executive, making the operation of the government as a whole both incoherent and inefficient. The steadily increasing judicialization of functions that in other developed democracies are handled by administrative bureaucracies has led to an explosion of costly litigation, slow decision-making and highly inconsistent enforcement of laws. The courts, instead of being constraints on government, have become alternative instruments for the expansion of government. Ironically, out of a fear of empowering “big government”, the United States has ended up with a government that is very large, but that is actually less accountable because it is largely in the hands of unelected courts.” What Arendt saw in a way Fukuyama ignores is that Americans don’t distrust power so much as they distrust the concentration and centralization of power. It his been quintessentially American for citizens to engage in government, especially local government, and to take active part in public debates about political questions. From their arrival in the New World, Americans formed councils, engaged in public affairs, and empowered democratic institutions. The federalist elements of the Constitution provide ample support for vibrant democratic and local institutions. Beyond the judicializaiton of politics and the rise of a corruption by lobbyists, another cause of the present decay of American politics is the increasingly national approach to government and the hollowing out of local institutions.

If You Haven't Gotten Anything At All To Say...

smarmIn a defense of criticism, Tom Scocca takes on the public demand for a kind virulent niceness, a culture force that he calls smarm. Smarm, from Scocca's point of view, is a kind of "ethical misdirection," ruining the discourse with its nominal crusade for "civility", which distracts from the issues at hand by making the debate about the commentator rather than the comment. It is, in other words, an insidious, acceptable kind of ad hominem attack. Why has the discourse retreated to smarm? Scocca has a theory: "Smarm hopes to fill the cultural or political or religious void left by the collapse of authority, undermined by modernity and postmodernity. It's not enough anymore to point to God or the Western tradition or the civilized consensus for a definitive value judgment. Yet a person can still gesture in the direction of things that resemble those values, vaguely."

The Art in the Error

scanKenneth Goldsmith examines the growing subculture of individuals who find digital glitches and turn them into art. These finds, he says, are imperfections in the seemingly perfect and timeless digital world: "The obsession with digital errors in Google Books arises from the sense that these mistakes are permanent, on the record. Earlier this month, Judge Denny Chin ruled that Google’s scanning, en masse, of millions of books to make them searchable is legal. In the future, more and more people will consult Google’s scans. Because of the speed and volume with which Google is executing the project, the company can’t possibly identify and correct all of the disturbances in what is supposed to be a seamless interface. There’s little doubt that generations to come will be stuck with both these antique stains and workers’ hands."

The Forgotten Sister

jillIn an interview, talking about why she almost gave up on her book about Jane Franklin, Benjamin Franklin's sister, Jill Lepore describes the challenge of writing narrative history: "You have Jane and Benjamin and they start down here. And then, Franklin’s life is like a straight rise. His world gets bigger. He gets wealthier. Love and success. And Jane’s life is out of The Prince and the Pauper or Tale of Two Cities. And at some point, narratively, we need them to switch places. The reader wants them to switch places. And they’re not going to. And so, I just quit. I didn’t know how to satisfy the reader that needs the story to go in another direction, because the story is going nowhere for Jane."

From the Hannah Arendt Center Blog

This week on the blog, Kathleen B. Jones responds to Richard Brody. And, if you haven't had a chance, check out Roger Berkowitz's weekend read from last week, on Arendt, Nelson Mandela, and violence. Finally, the current weekend read: American politics has elevated the judiciary to a position of power, and this has led to to the decay of our political institutions.

9Dec/132

Thinking and Moral Considerations

Arendtquote

“There exists in our society widespread fear of judging…[B]ehind the unwillingness to judge lurks the suspicion that no one is a free agent, and hence doubt that anyone is responsible or could be expected to answer for what he has done…Who has ever maintained that by judging a wrong I presuppose that I myself would be incapable of committing it?”

-Hannah Arendt, "Personal Responsibility Under Dictatorship"

It’s difficult to know where to begin to counter the errors, misreadings, and plain obfuscations of Arendt’s point of view in this essay by Richard Brody that appeared a few days ago in The New Yorker online. But perhaps the most glaring mistake Brody makes is to confuse what Arendt wrote about “thinking” with some form of “intellectualism.” To begin with, when, in her interview with Gunther Gaus, she makes the point that it was the betrayal by “friends” that she found most shocking this is not because she thought only intellectuals could think or were the only ones to have “ideas” but that they “believed”—without thinking!—the very “ideas” they had fabricated, without considering where these “ideas” might take them. They were “trapped” in their ideas, which is why Arendt, in the same interview, refused to call herself a philosopher, cut off from the world, and insisted she was a political theorist.

Thinking depends on letting the imagination go visiting, and Arendt argued it was Eichmann’s inability to think from the standpoint of anyone else that made him “thoughtless” and hence become unable to distinguish right from wrong. But the same could be said, for different reasons, of the “intellectuals” Arendt referred to and said she’d found so grotesque in the interview with Gaus. And, whether you like where it took her or not, thinking from the standpoint of others was exactly what she practiced in the case of her judgment of the leaders of the Jewish Councils. She imagined they might not have cooperated. Yes, they faced “fear and despair,” as Brody notes, but Arendt imagined it was still possible not to comply even in the face of significant threats and consequences. And the historical evidence indicates this to be the case: not everyone complied.

Yet nowhere does Arendt claim the ability to judge a situation means I myself (or she) necessarily would have done anything differently. The most chilling conclusion she reached from her reflections on the trial is that there are no guarantees “when the chips are down” that I will know the right thing to do, and just do it. And it was her confrontation with Eichmann’s banality—not what he did, but who he showed he was, and “how many were like him” during this time—that led Arendt to warn near the end of the book that once such crimes had entered the human experience it is entirely possible that “similar crimes may be committed in the future.”

In an interview with Roger Errera, from which Brody also quotes, Arendt remarked that her intention was in writing about Eichmann as she did was to “destroy the legend of the greatness of evil. As she was thinking about this issue she said she’d “found in Brecht the following remark: ‘The great political criminals must be exposed and exposed especially to laughter.’ " And her “tone” in Eichmann in Jerusalem was an attempt to do just that: expose the criminals to derision.

It was the banality of the criminals—not the crimes they committed—that gave Arendt such a shock she responded with laughter. And it’s a shame Brody doesn’t understand what this signifies: the humanization of perpetrators actually serves to humanize victims as well. She did not equate the responsibility of “persecutors and persecuted” for crimes committed by the Nazi state, as Brody claims. But not to allow victims and perpetrators to occupy the same moral universe is to traffic in the dangerous idea that guilt and innocence are not the result of human behavior but exist somehow independent of what people do.

diving

Let me close with an excerpt from my new book, Diving for Pearls: A Thinking Journey with Hannah Arendt:

Many people still find abhorrent Arendt’s claim that Eichmann, the man, was no monster. Everyone knows murder is wrong; certainly, then, murdering millions without a guilty conscience must be the classic example of monstrous behavior. Or madness. Surely only a monster or a madman could commit such heinous deeds. And that’s an understandable reaction. Most of us hold fast to a well-guarded belief that rules and standards used to tell right from wrong, rules we assume to be universal, cannot be easily discarded. Not I, we believers in our own inherent goodness insist; I would never comply with such an order. But Arendt wouldn’t let anyone rest on such a convenient way to avoid having to think for herself.

“The trouble with Eichmann,” she wrote, “was precisely so many were like him, and that the many were neither perverted nor sadistic, they were, and still are, terribly and terrifyingly normal. From the viewpoint of our legal institutions and our moral standards of judgment, this normality was much more terrifying than all the atrocities put together, for it implied...that this new type of criminal...commits his crimes under circumstances that make it well-nigh impossible for him to know or to feel that he is doing wrong.

The idea that “an average, ‘normal’ person, neither feeble-minded nor indoctrinated nor cynical, could be perfectly incapable of telling right from wrong” defies any ordinary understanding of good and evil. And yet, Arendt observed, “without much notice, all [these rules governing right and wrong] collapsed almost overnight...What happened? Did we finally awake from a dream?” How had it become so easy for so many to behave like Eichmann and participate in carrying out these atrocities?

Arendt explained it this way: the Nazi state had generated a “totality of...moral collapse...in respectable European society—not only in Germany but in almost all countries, not only among the persecutors but also among the victims.” And at that sentence, many people throw her book across the room in disgust, perhaps missing the other point she made: not everyone complied with the system.

But Arendt’s writing has made me wonder why we need to believe a solid wall separates the performers of horrible acts from the rest of us? And what holds that wall in place?

“When I think back to the last two decades since the end of the last war,” she wrote in the mid-1960s, “I have the feeling that this moral issue has lain dormant because it was concealed by something about which it is indeed much more difficult to speak and with which it is almost impossible to come to terms—the horror itself in its naked monstrosity.” Trying to think the unthinkable—the horror of state-ordered, socially coordinated manufacturing of corpses in the twentieth century, or of other genocides in previous centuries and in this one—can take one’s breath away. Not even time’s healing power seems to bring relief.

[T]his past has grown worse as the years have gone by so that we are sometimes tempted to think, this will never be over as long as we are not all dead...This past has turned out to be ‘unmastered’ by everybody, not only the German nation.

Yet Arendt insisted on confronting those concealed moral issues even though they looked like “side issues...compared with the horror.” She pushed past the speechless horror to grapple with the moral implications of the “ubiquitous complicity” surrounding the Holocaust. Because not grappling with those implications would allow Eichmann to gain what the monk Thomas Merton, deeply influenced by reading Eichmann in Jerusalem, would have considered a “posthumous long life,” making us all, like it or not, as Karl Plank observed in his essay about Merton, “vulnerable to complicity in deeds of destruction.”

-Kathleen B. Jones

25Nov/131

Amor Mundi 11/24/13

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.

Nettlesomeness and Humanity

chessMagnus Carlsen—just 22 years old—beat Viswanathan Anand (the reigning world chess champion) this week at the World Chess Championships in Chennai, India. There has been much excitement about Carlsen’s victory, and not simply because of his youth. As Joe Weisenthal writes, Carlsen’s win signifies the emergence of a new kind of chess. Behind Carlsen’s victories is what is being called his “nettlesomeness.” I encountered the idea in an essay by Joe Weisenthal, who himself quotes Tyler Cowen: “Carlsen is demonstrating one of his most feared qualities, namely his “nettlesomeness,” to use a term coined for this purpose by Ken Regan. Using computer analysis, you can measure which players do the most to cause their opponents to make mistakes. Carlsen has the highest nettlesomeness score by this metric, because his creative moves pressure the other player and open up a lot of room for mistakes. In contrast, a player such as Kramnik plays a high percentage of very accurate moves, and of course he is very strong, but those moves are in some way calmer and they are less likely to induce mistakes in response.” Read more about nettlesome chess and humanity on the Arendt Center Blog.

Learned Hand

justiceLincoln Caplan has an excellent essay on Judge Learned Hand in the NYRB this weekend. Hand was one of the most influential legal minds in the United States. Here is Caplan: “To Hand, law’s role is to help shape common purpose and reflect the will of the people as part of the compact between them and their government. He was a small “d” democrat. Case by case, he saw his job as weighing competing views of the law and its application to the facts and working his way toward the best outcome in the circumstances. His psyche, outlook, and practice aligned to make him a model of a restrained judge…. “The spirit of liberty,” he said, “is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias; the spirit of liberty remembers that not even a sparrow falls to earth unheeded….””

The Artist in Wartime

kkMatthew Davis, in a piece that's part memoir and part profile, describes his relationship with the Syrian writer Khalid Khalifa, who is, even now, still working from Damascus. Although Davis's description of his time in and eventual deportation from Syria is striking, and his worry for his friend is palpable, in his conclusion he suggests something that is too easily forgotten: life, for Khalid and Damascus both, goes on, even as Syria appears to be crumbling. “Ever since the war began in January 2011, I had little doubt that Khaled Khalifa would remain in Syria, in Damascus, his paradise, to help usher in the new ideas he spoke passionately about in Iowa City. More than two years on, however, I wonder whether this ending will change, too. Khaled’s health is failing; he is depressed; he has been barred from leaving the country. I get none of this from him, only those close to him. From him, I get positive emails, an optimism as much at Khaled’s core as his rotund gut and passion for writing. Khaled’s fourth novel was recently published in Cairo. I’ve also heard that Qasabji is still open, Nabil still serving arak and beer, albeit at a higher price.”

David Rieff on "Hannah Arendt"

hanahReviews of the movie "Hannah Arendt" have been thinly veiled opportunities to rehash old scores and attach Arendt once more for her reputed sins. That is why David Rieff’s review in The Nation this week is welcome. It offers meaningful praise for the film, with detailed accounts of what Rieff likes, while also offering serious-minded criticisms. From there, Rieff moves on to the question of the controversy itself. Rieff has little love for Arendt or, in the end, “Hannah Arendt.” I may disagree on both accounts, but he is fair-minded. “For entirely understandable and legitimate reasons, both philosophical and (though she almost certainly would have denied it) biographical, Arendt believed that the Shoah was not only the greatest crime in human history (a claim for which an argument can unquestionably be made), but an unprecedented one. The concluding pages of Eichmann in Jerusalem are suffused with her fear that, as she put it, “once a specific crime has appeared for the first time, its reappearance is more likely than its initial emergence could ever have been.” For Arendt, Eichmann was nothing less than a new type of criminal, one who “commits his crimes under circumstances that make it well-nigh impossible for him to know or feel he is doing wrong.” But it is not clear that she was right.”

Italian Ghosts

weaverWilliam Weaver, the esteemed translator of Italian works including novels by Umberto Eco, Alberto Moravia, Eugenio Montale, Oriana Fallaci, Ugo Moretti, Carlo Emilio Gadda, Elsa Morante, Pier Paolo Pasolini and Italo Svevo died this past week. “Bill Weaver,” as he was known on campus, taught at Bard from 1992-2002. I never met Weaver, but he looms large in the world of the Hannah Arendt Center. The Center is housed in what we refer to as the “Mary McCarthy House,” because Arendt’s close friend Mary McCarthy lived there during both her stays teaching at Bard College. But most of my senior colleagues still refer to our dwelling as the “Bill Weaver House,” since Weaver lived there for 10 years and hosted many a dinner party there during his time on campus. As Bard’s President Leon Botstein wrote, “His contribution to the literary and cultural life of the College was extraordinary. It is through him that the College received the endowment that created the Bard Fiction Prize.” You can read his obituary in the New York Times, which quotes from this 2000 interview in The Paris Review. “Some of the hardest things to translate into English from Italian are not great big words, such as you find in Eco, but perfectly simple things, buon giorno for instance,” he said. “How to translate that? We don’t say ‘good day,’ except in Australia. It has to be translated ‘good morning,’ or ‘good evening,’ or ‘good afternoon’ or ‘hello.’  “You have to know not only the time of day the scene is taking place, but also in which part of Italy it’s taking place,” he continued, “because in some places they start saying buona sera — ‘good evening’ — at 1 p.m. The minute they get up from the luncheon table it’s evening for them. So someone could say buona sera, but you can’t translate it as ‘good evening’ because the scene is taking place at 3 p.m. You need to know the language, but, even more, the life of the country.”

From the Hannah Arendt Center Blog

This week on the blog, Ursula Ludz details Arendt's understanding of herself as a truthteller. In the weekend read, Roger Berkowitz looks at humanity in the computer dominated world of chess.

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Become a member of the Hannah Arendt Center and get your copy in time for the holidays!

Learn more here.

26Aug/130

Machine-man and man-machines in the last stage of the laboring society

Arendtquote

“The last stage of the laboring society, the society of job holders, demands of its members a sheer automatic functioning, as though individual life had actually been submerged in the over-all life process of the species and the only active decision still required of the individual were to let go, so to speak, to abandon his individuality, the still individually sensed pain and trouble of living, and acquiesce in a dazed, ‘tranquilized’, functional type of behavior”.

-Hannah Arendt,  "The Human Condition"

About fifty years ago Hannah Arendt diagnosed the “last stage of the laboring society”.  Human beings can only live as “job holders” without access to the realm of freedom in the sense of the classical ideal of political action. For Arendt this state of affairs is the result of the development process of modernity. As the life of the species, the ‘social’ became the central interest of the public sphere. There is no margin for self-realization unless this is within the limits of an adaptation to the needs of the collective life process. Even a passive freedom of “sensing pain and trouble of living” is no longer permitted. Human beings not only have to function automatically, they have to “bow with joy” to their condition. This ideological aspect of the contemporary conditio humana is perhaps the one that outrages Arendt the most. The anesthesia of the mind in modern society: Individuals have to “acquiesce in a dazed, ‘tranquilized’, functional type of behavior”.

labor

Through her diagnosis Arendt addresses the development of the “machine-man” in the laboring society. Subliminal to the process of the modern liberation of individuality, which reaches a pinnacle in the Universal Declaration of Human Rights, the private sphere of the ancient household as a place of labor is extended to the whole of society. At the end of the day individuals have to conform to the needs of the life production process in a way that makes it impossible for them even to look after their rights. This is the age of the machine-man. “Functionality” becomes the grounding element of human behavior. Positivistic fate in progress represents its civil religion: When every aspect of society could be traced back to its proper functioning there were no limits to life perfection.

With this result, to speak with Max Weber, a specific idea achieved an overwhelming impact on societal transformation. Descartes’ separation of res cogitans and res extensa produced the idea of an animal-machine without a soul, which could be completely reduced to the functional needs of rationalistic world domination. Some hundred years later La Mettrie completed the reflection with the idea of the homme-machine. Without knowing its sources in cultural history, industrialization translated the idea radically into action: By being reduced to machine-men individuals had to fulfill the needs of a mechanized production system. In order to face the anthropological consequences of the industrial development of modernity, Marx and Engels provided the plot for the political redemption of the machine-men. The only way to escape alienation is to attain the complete automation of the factory, and thus the substitution of job holders by intelligent machines. In 1921 reversed this utopia in a dystopia. He coined the word “robot” for his theater piece “Rossum’s Universal Robots” using the Slavic word robota, which traditionally means the work period (corvée) a serf had to give for his lord. By reviving the theme of the Jewish legend about the Golem, Čapek put the religious prohibition of recreating human beings at the forefront of the debate. There could be no liberation of machine-man by constructing man-machines without provoking a rebellion of the latter against their creators: this has been the subject of all science fiction literature and film about man-machines ever since.

A sociologically based intercultural survey about the current development of robotics shows that both the scientific utopia of creating man-machines as well as the public’s fears about their potential danger are present in the reflections of European and American engineers. Japanese roboticists on the other hand think that the introduction of man-machines into social interaction does not provoke any dystopic consequences. In an age of an increasing crisis of labor as the central category of modernity, technology research tries to develop substitutes for the missing animal laborans. Its leading idea is that an aging society needs support and care for humans who live long after they have ceased to be job holders. Instead of thinking about a different organization of society, decision-makers and stakeholders aim at substituting the absent young job holders with machines that have all the characteristics of functionality pointed out in Arendt’s diagnosis of the last stage of laboring society’s members. The machine-man reproduces himself as a man-machine.

But furthermore, the empirical surveys show that utopia stalls with the implementation of the man-machine. Technically, it is very hard to realize robots that can effectively substitute working humans in a real-world environment. Societally, there is a very low level of acceptance for man-machines, not least because of deep ethical concerns about human–robot interaction. Legal issues offer an even greater problem: Neither the European, American nor Japanese legal system provides proper legal instruments to allow robots to enter real-world settings.

robot

This background strongly influences the further development of technological research. So it is interesting to observe how developers worldwide slowly abandon the plan of realizing a substitute for the animal laborans as an autonomous entity. Following the design guidelines of “Ambient Assisted Living”, single parts of its body are disaggregated and put into the environment of the pensioned job holders. The man-machine only survives as an executer (Europe) or as a communication tool (Japan) for an overall ambient intelligence. Robots thereby become an interface for the “rule of nobody” of a superior control instance within the private life of the discharged job holders. No advent of autonomous robots seems therefore to be expected, if not as a result of undercover research into military robotics that plans for their introduction in the extra-legal domain of war.

Machine-men hesitate to realize the utopia of man-machines. They seem to abandon the idea of making man-machines full members of the public sphere, as they are to be seen e. g. in the film adaptation of Asimov’s I, Robot. This current stage of the laboring society poses the question of its critical assessment. It would be interesting to know what Hannah Arendt would have said about this.

-Gregor Fitzi

University of Potsdam, Germany

13Aug/133

Contesting Statelessness

FromtheArendtCenter

“The conception of human rights, based upon the assumed existence of a human being as such, broke down the very moment when those who professed to believe in it were for the first time confronted with people who had indeed lost all other qualities and specific relationships—except that they were still human” (The Origins of Totalitarianism). Refugees and other stateless people embodied this condition of loss for Hannah Arendt, and she regarded them as “the most symptomatic group in contemporary politics.”  But is the loss of all qualities and relationships an irrevocable outcome for those who experience it? How might refugees contest their status as stateless people? How, if at all, might they work to recover rights that make them something other than merely human beings? These questions have recently arisen in Germany, where hundreds of refugees have established “protest camps” in Berlin, Munich, and Hamburg to demand the right to free movement and legal employment.

The camps in question are makeshift tent complexes that the protesters and their supporters have assembled from found and donated materials.

tent

They provide a base of operations from which the refugees can assert their demands to policymakers and the public at large. By deciding to live in these camps, stateless people from every corner of Germany have abandoned the asylum homes to which they were assigned by bureaucratic agencies at the state and federal level. They thereby violate the legal terms of their refugee status, which stipulate that they may not (except with express permission) step foot outside the local jurisdiction in which they have been registered.

The protesters demand that these restrictions on their mobility be lifted so that they might travel in Germany in a manner comparable to other residents and citizens. They also seek the right to work legally and, when feasible, secure their own housing. These provisions might conceivably result in better material conditions for some refugees. But the protesters do not justify their activism on such narrow grounds.

Instead, they argue that rights of mobility and employment are necessary requirements for a dignified life (ein menschenwürdiges Leben). These rights would recognize them as autonomous beings with distinctive capacities, desires, and aspirations. They would also minimize, if not necessarily eliminate, their dependence on state institutions and social service agencies. Such dependence is particularly acute in the provision of food, clothing, and other material needs. At the moment, refugees in Germany are entitled to a modicum of basic care that falls short of the welfare provisions available to other residents and citizens. They are also largely if not entirely reliant on non-cash, in-kind benefits with little access to money they might spend at their own discretion. Mobility and employment, these refugees insist, would allow them to exert greater influence and control over the fundamental conditions of their lives.

Hannah Arendt was herself a refugee during a pivotal stretch of her life, and her experiences in France and the U.S. left a deep imprint on her later thought. Her most mature insights into the fate of stateless people were formulated in “The Decline of the Nation-State and the End of the Rights of Man,” perhaps the pivotal chapter in The Origins of Totalitarianism. But she also offered a series of earlier, more immediate and polemical reflections in “We Refugees,” an article that initially appeared in The Menorah Journal in 1943. Although these two essays are now more than fifty years old, they still offer important tools for thinking through both the implications and the limits of the current protests.

On the one hand, these texts help us to read the protesters’ efforts as a sharp rejection of their current treatment as refugees. Through their words and deeds, the protesters draw attention to the restrictions that German authorities have placed on their activities, restrictions that do not apply to other residents and citizens. The protesters thereby expose their positioning as, to paraphrase Arendt, “anomalies for whom the general law does not provide.”

Moreover, the protesters’ rejection of their present treatment is evident not simply in their explicitly articulated demands, but in the very ways they inhabit the space of the nation-state. By leaving their assigned jurisdictions and living in provisional camps, they offer a pointed rebuttal to governmental efforts to isolate them as human beings who may receive exceptional aid but who do not, in the end, rightfully belong to the state, its people, and its territory. In response to such containment efforts, the protesters’ actions convey a pointed message: we will not remain in our designated place. Indeed, we would rather be homeless, for all intents and purposes, than interned in asylum homes.

But the current protests do not simply constitute a refusal to abide by the current terms of their refugee status. They also aim to fashion a different, more constructive relationship between stateless people and the German nation-state. Arendt’s writings are once again helpful here. For in demanding rights of mobility and employment, the protesters also articulate a desire for “a place in the world which makes opinions significant and actions effective.”  They seek social and legal conditions where they might have “the confidence that [they] are of some use in this world”, where they might be acknowledged—and judged—as freely acting people who “carry their dignity within themselves.”

Such confidence, acknowledgement, and judgment can only emerge, however, within a larger nexus of social and political relations. On this count, Arendt suggests that the protesters and other refugees have a right to belonging in an organized and self-determining political community. According to her analysis in Origins, it is precisely such belonging to which supposedly “inalienable” human rights have been historically tied, and it is precisely such belonging that stateless people lose when they are expelled from their countries of origin.

Here, of course, lies the rub. Many German state agencies and “ordinary” citizens continue to regard refugees as aliens who threaten the nation-state’s presumed homogeneity and territorial rootedness. They accordingly object to any expansion of refugees’ civil rights and any improvement of their prospects for inclusion. In fact, as cultural studies scholar Fatima El-Tayeb has recently noted, refugees with “an exceptional leave to remain” (a Duldung, in German legal parlance) may spend decades in the country without gaining anything more than the “right” to be present at the state’s discretion.

Furthermore, official and popular opposition is likely to grow more entrenched as the size of the refugee population increases. While the number of asylum applications in Germany decreased steadily after the constitutional right to asylum was restricted in 1993, it jumped dramatically in 2012 and the first half of 2013. Given ongoing suppression in Russia, Syria, Chechnya, and other global “hot spots,” this upward trend seems set to continue in the years ahead.

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Arendt’s writing anticipates many of these recent developments. Her analysis of the state’s colonization by “national interest” is as relevant today as it was in the years after World War II, as is her account of the corrosive effect of large numbers of stateless people on legal provisions like asylum and naturalization. Given the arc of refugee administration in Germany over the past few decades, Arendt’s work on the perplexities of human rights remains timely and incisive.

I can only imagine that Arendt would have applauded the current protests in Germany if she had lived to see them. As “We Refugees” makes clear, she found comparable determination and courage sorely lacking among Jewish refugees in Europe in the 1930s and early 1940s. Most, to her mind, were deeply misguided in their willingness to accept the treatment they received (and, not coincidentally, to deny their individual and collective existence as Jews).

But I also worry that Arendt diagnosed the very forces that seem poised, slowly but surely, to undermine the protesting refugees’ efforts. At least at the moment, the refugees’ camps generate both vocal solidarity and pointed opposition. But I doubt that this level of public engagement can be sustained over the long term. The more time passes, the more pressure the refugees will face to accept a cosmetic compromise or abandon their protest entirely. The more time passes, the more likely they are to lose a battle of attrition and inertia.

-Jeffrey Jurgens

20May/130

The Courage of Judgment

Arendtquote

"Men=earthbound creatures, living in communities, endowed with common sense, sensus communis, a community sense; not autonomous, needing each other’s company even for thinking (“freedom of the pen”)=first part of the Critique of Judgment: aesthetic judgment."

-Hannah Arendt, Lectures on Kant's Political Philosophy

This fragment from Arendt’s Lectures on Kant’s Political Philosophy is easy to overlook, as upon first glance, it seems to do little more than restate her reliance on Kant’s concepts of the sensus communis and “enlarged thought” to define judgment. These lines are notes she has jotted down, expressing early sketches on the finished product of judgment as the idea that judgment is the mental operation of “placing [oneself] at the standpoint of others” to become an individual of “enlarged thought."

But upon closer examination, a puzzle emerges. In these lines, the sensus communis and the community that is presumed in this sense seems to encroach upon thinking—that faculty that Arendt insists occurs only in isolation. Thinking is the silent dialogue, the “two-in-one” that exists only when I am alone, for in appearing to others, “I am one; otherwise I would be unrecognizable.” In these notes in the Lectures, however, Arendt seems to reject the very terms by which she herself establishes the category of thought, undermining the boundary between the thinking self and the community, which she herself establishes. (“You must be alone in order to think; you need company to enjoy a meal.”)

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One obvious solution to the puzzle is to say that the community sense arises from imagining others’ standpoints, rather than from actual others who could constitute “real” company. But given how often Arendt describes the two-in-one of thinking as a “duality” by which I keep myself company, drawing the line between imagined others and actual others seems too crude to capture what Arendt means by company. We do not need others, imagined or otherwise, to have company, as one can—and should be—one’s own company.

Another solution, and the one that has come to define Arendtian judgment, has been simply to ignore the solitude that thinking imposes onto judgment and to instead describe the operation of the latter as an imagined discourse that one might have with others. Here, judgment seems to introduce into the two-in-one of thinking other individuals such that it is not myself, but other people, who keep me company in thought.

But this characterization of judgment should make careful readers of Arendt uncomfortable, for in reducing the “thoughtfulness” of judgment to a dialogue with others in their specific circumstances, we not only veer dangerously close to empathy, but also lose conscience and responsibility as gifts that accompany thinking in its solitude. Without conscience telling us that we must live with ourselves, it becomes too easy to lose in the company and noise of others who we are and what we do. It becomes too easy to perform tasks that exposed in the solitude of thought; we might not be able to live with.

What then could Arendt mean when she says that we might need each other’s company for thinking? I submit that the interpretive problems that I’ve so far identified emerge from associating the “general standpoint” of enlarged thought too much with the visiting of other standpoints at the expense of another prominent metaphorical figure in Arendt’s Lectures—the figure of the Judge. As Arendt acknowledges, the “whole terminology of Kant’s philosophy is shot through with legal metaphors: it is the Tribunal or Reason before which the occurrences of the world appear.” It is as an impartial judge in a tribunal, not as an individual who engages or empathizes with the specific circumstances of others, that one achieves a “general standpoint.” In one’s position as a judge, one gives up not only one’s own “factual existence,” but also factual existence as such.  The judge “lays down his verdict” not with the multiplicity of human life in mind, but rather with the impartiality that comes from giving up “the dokei moi, the it-seems-to-me, and the desire to seem to others; we have given up the doxa, which is both opinion and fame.” The judge is not impartial because he has seen all the partial perspectives of the world, but because he is importantly isolated from any of these perspectives.

But despite this language that seems to move us away from what we usually see as Arendt’s politics, Arendt chose to focus on Kantian judgment, shot through with all of its language of reason and the law, to develop a political understanding of judgment. She did so, I submit, because she saw that the courtroom also demands the openness and publicity that is the hallmark of the political. The impartiality of the judge lies in the simple fact that for the judge and the court, “justice must not only be done but must be seen to be done.” And when it comes to judgment properly understood, the audience is the world itself with all of its multiplicity and plurality, which would overwhelm any individual’s attempt even to begin imaginatively to apprehend, much less visit, the universe of perspectives it contains.

kant

One must simply accept this plurality as a sheer given and a fact, acknowledging that such a world will be the tribunal in which one will be judged. To again borrow words that Arendt used in a different context, judgment is fundamentally about the willingness to “share the earth” with whoever happens to occupy it such that “member[s] of the human race can be expected to want to share the earth” with us as well and be willing to judge us. Judgment does not require that we attempt to know the specific circumstances of these others. In fact, it demands that we do not attempt to understand or know it, and instead to accept and reconcile ourselves to the fact that there are others and, more importantly, that it is in front of an unknown, cosmopolitan world that contains them that we will be seen and judged.

Eichmann lacked judgment because he refused to live in such a world, choosing instead to follow a regime whose policy it was to try to remake this world more familiar and friendly to it. And as difficult or impossible as the project of the Third Reich was to bring to fruition, carrying it out certainly did not require the bravery demanded in politics. The cowardice of the Nazis was evident in the trials of Nuremburg and Jerusalem, as well as in their reaction to resistance even during the war, when the “courage” of the soldiers “melt[ed] like butter in the sun” in the face of Danish resistance. The courage of politics, the courage of judgment demands that one be able to stand in front of and be willing to be judged by world full of strangers whose particular perspectives, standpoints, ideas, or circumstances we could not begin to appreciate.

-Jennie Han

10Apr/132

Islamic and Liberal Intersections

FromtheArendtCenter

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.

window

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.

mosque

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.

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.

reverse

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.

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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

31Jan/133

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

1Aug/120

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