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.
“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.
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
Magnus Carlsen—just 22 years old—beat Viswanathan Anand (the reigning world chess champion) this week at the World Chess Championships in Chennai, India. There has been much excitement about Carlsen’s victory, and not simply because of his youth. As Joe Weisenthal writes, Carlsen’s win signifies the emergence of a new kind of chess. Behind Carlsen’s victories is what is being called his “nettlesomeness.” I encountered the idea in an essay by Joe Weisenthal, who himself quotes Tyler Cowen: “Carlsen is demonstrating one of his most feared qualities, namely his “nettlesomeness,” to use a term coined for this purpose by Ken Regan. Using computer analysis, you can measure which players do the most to cause their opponents to make mistakes. Carlsen has the highest nettlesomeness score by this metric, because his creative moves pressure the other player and open up a lot of room for mistakes. In contrast, a player such as Kramnik plays a high percentage of very accurate moves, and of course he is very strong, but those moves are in some way calmer and they are less likely to induce mistakes in response.” Read more about nettlesome chess and humanity on the Arendt Center Blog.
Lincoln Caplan has an excellent essay on Judge Learned Hand in the NYRB this weekend. Hand was one of the most influential legal minds in the United States. Here is Caplan: “To Hand, law’s role is to help shape common purpose and reflect the will of the people as part of the compact between them and their government. He was a small “d” democrat. Case by case, he saw his job as weighing competing views of the law and its application to the facts and working his way toward the best outcome in the circumstances. His psyche, outlook, and practice aligned to make him a model of a restrained judge…. “The spirit of liberty,” he said, “is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias; the spirit of liberty remembers that not even a sparrow falls to earth unheeded….””
Matthew Davis, in a piece that's part memoir and part profile, describes his relationship with the Syrian writer Khalid Khalifa, who is, even now, still working from Damascus. Although Davis's description of his time in and eventual deportation from Syria is striking, and his worry for his friend is palpable, in his conclusion he suggests something that is too easily forgotten: life, for Khalid and Damascus both, goes on, even as Syria appears to be crumbling. “Ever since the war began in January 2011, I had little doubt that Khaled Khalifa would remain in Syria, in Damascus, his paradise, to help usher in the new ideas he spoke passionately about in Iowa City. More than two years on, however, I wonder whether this ending will change, too. Khaled’s health is failing; he is depressed; he has been barred from leaving the country. I get none of this from him, only those close to him. From him, I get positive emails, an optimism as much at Khaled’s core as his rotund gut and passion for writing. Khaled’s fourth novel was recently published in Cairo. I’ve also heard that Qasabji is still open, Nabil still serving arak and beer, albeit at a higher price.”
Reviews of the movie "Hannah Arendt" have been thinly veiled opportunities to rehash old scores and attach Arendt once more for her reputed sins. That is why David Rieff’s review in The Nation this week is welcome. It offers meaningful praise for the film, with detailed accounts of what Rieff likes, while also offering serious-minded criticisms. From there, Rieff moves on to the question of the controversy itself. Rieff has little love for Arendt or, in the end, “Hannah Arendt.” I may disagree on both accounts, but he is fair-minded. “For entirely understandable and legitimate reasons, both philosophical and (though she almost certainly would have denied it) biographical, Arendt believed that the Shoah was not only the greatest crime in human history (a claim for which an argument can unquestionably be made), but an unprecedented one. The concluding pages of Eichmann in Jerusalem are suffused with her fear that, as she put it, “once a specific crime has appeared for the first time, its reappearance is more likely than its initial emergence could ever have been.” For Arendt, Eichmann was nothing less than a new type of criminal, one who “commits his crimes under circumstances that make it well-nigh impossible for him to know or feel he is doing wrong.” But it is not clear that she was right.”
William Weaver, the esteemed translator of Italian works including novels by Umberto Eco, Alberto Moravia, Eugenio Montale, Oriana Fallaci, Ugo Moretti, Carlo Emilio Gadda, Elsa Morante, Pier Paolo Pasolini and Italo Svevo died this past week. “Bill Weaver,” as he was known on campus, taught at Bard from 1992-2002. I never met Weaver, but he looms large in the world of the Hannah Arendt Center. The Center is housed in what we refer to as the “Mary McCarthy House,” because Arendt’s close friend Mary McCarthy lived there during both her stays teaching at Bard College. But most of my senior colleagues still refer to our dwelling as the “Bill Weaver House,” since Weaver lived there for 10 years and hosted many a dinner party there during his time on campus. As Bard’s President Leon Botstein wrote, “His contribution to the literary and cultural life of the College was extraordinary. It is through him that the College received the endowment that created the Bard Fiction Prize.” You can read his obituary in the New York Times, which quotes from this 2000 interview in The Paris Review. “Some of the hardest things to translate into English from Italian are not great big words, such as you find in Eco, but perfectly simple things, buon giorno for instance,” he said. “How to translate that? We don’t say ‘good day,’ except in Australia. It has to be translated ‘good morning,’ or ‘good evening,’ or ‘good afternoon’ or ‘hello.’ “You have to know not only the time of day the scene is taking place, but also in which part of Italy it’s taking place,” he continued, “because in some places they start saying buona sera — ‘good evening’ — at 1 p.m. The minute they get up from the luncheon table it’s evening for them. So someone could say buona sera, but you can’t translate it as ‘good evening’ because the scene is taking place at 3 p.m. You need to know the language, but, even more, the life of the country.”
The movie "Hannah Arendt" has just been released on DVD and features an extensive insert booklet produced by the Hannah Arendt Center!
Become a member of the Hannah Arendt Center and get your copy in time for the holidays!
Learn more here.
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.”
[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.
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.