"It is better for you to suffer than to do wrong because you can remain the friend of the sufferer; who would want to be the friend of and have to live together with a murderer? Not even a murderer. What kind of dialogue could you lead with him? Precisely the dialogue which Shakespeare let Richard III lead with himself after a great number of crimes had been committed:
What do I fear? Myself? There’s none else by.
Richard loves Richard: that is, I am I.
Is there a murderer here? No. Yes, I am:
Then fly. What from myself?"
-Hannah Arendt, ‘Thinking and Moral Considerations’
‘Thinking and Moral Considerations’ is one of the most perfect examples of Arendt’s late writing. A distillation of her career-long thinking on thinking, the essay performs what it so elegantly urges: it is an essay on thinking that thinks.
For Arendt, the moral considerations that follow from thinking and, more grievously, from not thinking are profound. Adolf Eichmann’s “quite authentic inability to think” demonstrated to Arendt the arrival of new kind of evil in the world when she attended his trial in 1961. The airy emptiness of his speech was not the stupidity of a loathsome toad: his jabbering of cliché falling upon cliché sounded totalitarianism’s evil in a chorus of thoughtlessness. Shallowness as exemplified by Eichmann cannot be fixed or given depth by reason; no doctrine will argue the thoughtless into righteousness. Only through the experience of thinking, Arendt insisted, of being in dialogue with oneself, can conscience again be breathed into life. Thinking may be useless in itself; it may be a solitary activity that can often feel a little bit mad. Yet thinking is the precondition for the return of judgment, of knowing and saying: “this is not right.” By 1971, Arendt saw no evidence of a resurgence of thinking in the wake of atrocity.
Writing an essay on thinking that thinks and thus performing the experience of thinking is itself an act of defiance. Performing is the right verb here: Arendt knows she is staging her argument as a public spectacle. Her hero is Socrates: gadfly, midwife, stingray, provoker, deliverer and galvaniser of thinking in others. Socrates democratises perplexity. And when he has finished chatting with others, he carries on talking at home, with his quizzical, critical companion, that ‘obnoxious fellow’ with whom we are forever in dialogue -- the two with whom we make a thinking one. Arendt is fully aware that she is making a character out of Socrates. His inveterate dialogism is a model. Just as Dante’s characters conserve as much historical reality as the poet needs to make them representative, so too, she says, with her Socrates. Against the vacant image of Eichmann inanely mouthing his own eulogy in front of the hangman’s noose which opens the essay, we have Socrates: thoughtlessness versus thoughtfulness.
But what of the third character in Arendt’s essay—Shakespeare’s Richard III? The murderer who nobody wants to befriend? The villain who despite his best efforts cannot stop talking to himself?
Richard plays an odd, yet pivotal, role in Arendt’s performance of thinking. On the one hand, he is Socrates’ evil twin. Richard rejects conscience. ‘Every man that means to live well endeavours … to live without it’, he says. This is easy enough to do, says Arendt, because ‘all he has to do is never go home and examine things.’ Except, in Richard’s case, this proves difficult. He may try to avoid going home, but eventually he runs into himself at midnight; and in solitude, like Socrates, Richard cannot help but have intercourse with himself. Alone he speaks with himself in soliliquoys (from the Latin solus – alone and loqui –to speak; Arendt’s beloved Augustine is believed to have first conceived the compound). And this is what makes this villain—one who many have wanted to claim for the calculating murderousness of the twentieth century—much more like Socrates than Eichmann.
Both Socrates and Richard have the capacity to think. True, Richard thinks himself into villainy—he ‘proves himself a villain’—but this is precisely his pathos in Arendt’s drama. If it is better to suffer than to do harm, it is also better to have suffered at the hands of Richard who at least thought about what he was doing, than suffered as a number in one of Eichmann’s filing cards, the pathetic loner who joins a murderous movement not because he’s frightened of who might await him at home, but because he doesn’t even suspect anyone might be there in the first place. For all the ham-fisted productions that want him to be, Richard is not a Nazi villain in early modern disguise. Better that he could have been, of course, because then we wouldn’t have to contemplate the particular thoughtlessness of contemporary evil.
Richard is no Osama Bin Laden, Colonel Gaddafi or Saddam Hussein either, despite comparable violent last stands (and the corpse lust that attended them). This is well understood by Mark Rylance’s recent performance of Richard in the Globe Theater production that played in London last year and that is rumoured to open on Broadway soon. Rylance’s performance of Richard is like no other. It is also a performance that makes Arendt’s thinking more relevant than ever.
Rylance understands that since the War on Terror, post 9/11, Iraq, Afghanistan, after Guantanamo, rendition and drone wars, it would be a travesty to play Richard’s villainy as safely and exotically other (by contrast, in 1995 it was entirely possible to set the play in a 1930s Nazi context, and have Ian McKellen play the role for its cruel humour with a knowing nod to Brecht). Rylance’s Richard is plausible, pathetic even; he is compelling not in his all-too-evident evil but in his clumsy vulnerability. His creepy teeth sucking, and ever-twisting body mark a silent but persistent cogitation; he is a restless, needy, villain. Like a child, Rylance’s Richard grabs at his conscience— he thinks—and then chucks it away as one more ‘obstacle’, just as he spits in his mother’s face at the very moment he most desires she recognise him. In a neat echo of Arendt’s analysis of how the loneliness of totalitarianism feeds thoughtless evil, the loveless hunchback fights solitude in an effort to avoid the midnight hour; orchestrating collective murder is his defence against being alone with his thoughts. (This was observed by my theater companion who, being ten years old—and a British schoolboy—understands the connection between feeling left out and group violence well). Richard’s tragedy is that circumstances turned him into a serial killer, to this extent he is a conventional villain; his pathos, however, as this production shows, is to be poised between thinking and thoughtlessness, between Socrates and Eichmann.
‘No. Yes, I am/Then fly. What from myself?’ When Rylance speaks this soliloquy he stutters slightly, giggles and looks—as Arendt might have anticipated—a little perplexed. This is not a knowing perplexity; Richard does not master his conscience, nothing is done with the solitary dialogue, but the thinking is there even if Richard himself seems unsettled by its presence. In refusing to play Richard simply as one of the ‘negative heroes in literature’ who, Arendt argues, are often played as such ‘out of envy and resentment’, Rylance brilliantly captures the last moment before evil becomes banal.
To play Richard’s cruelty alongside his vulnerability is not to fail to recognise his villainy, as some have complained; rather, it is to dramatize the experience of thinking in the process of being painfully and violently lost. With pathos, we might think, is the only way to play Richard III today. The Globe’s production is a late, but utterly timely, companion to Arendt’s essay.
“All thought arises out of experience, but no thought yields any meaning or even coherence without undergoing the operations of imagining and thinking.”
- Hannah Arendt, Thinking
In the wake of an extraordinarily brutal punctuation to an extraordinarily brutal year of gun violence in the United States and across the continent, the eye of American politics has finally turned back toward something it perhaps ought never have left, the problem in this country of the private ownership of the means to commit extraordinary brutality.
Perhaps unsurprisingly, public discourse around the problem has descended nearly instantaneously from fractiousness into what could now only generously be termed playground name-calling (to spend millions of dollars to publicly call one’s opponent an “elitist hypocrite” should feel extraordinary, even if it doesn’t). There are many tempting culprits to blame for this fall. The actors, of course, include some powerful players whose opposing ideologies so deeply inflect their understanding of the situation that it is entirely uncertain whether they are in fact seeing the same world, let alone the same problem within it. There is the stage on which the actors play, a largely national media structure whose voracious demands can be fed most easily, if not most effectively, by those who seek the currency of political power in hyperbole and absoluteness of conviction. Finally, there is the problem of constructing the problem itself: is it clear that private ownership of the means of extraordinary violence is so distinct a problem from that of its public ownership and (borderless) use? Can the line of acceptability between means of extraordinary brutality really be settled by types of implements, let alone the number of bullets in a magazine? What are the connections and disconnections between the events – Oak Creek, Chicago, Newtown,… – that have summoned the problem back onto our collective stage, and why had the problem disappeared in the first place when the violence so demonstrably had not? There is something in all of these instincts, but before we rush to decry our national theater (more Mamet than melodrama), it’s worth remembering that the problem is an extraordinary one, and that many of the pathologies of our various reactions to it spring from the same seed as our best resources: the nature of thinking itself.
The rhetoric used in describing the problem of gun violence – formulated so readily and so intractably – coupled with the unavoidable connection of the problem with intense emotion make it tempting to suspect one’s political opponents in this arena of ceasing to think altogether. I will admit to sometimes being convinced that there was no thought at all behind some of the words being splayed across television screens and RSS feeds (not, it should be said, entirely without reason). Arendt, in Thinking, describes thinking and feeling as inherently mutually antagonistic, and whether or not that is true it certainly seems that the tenor and pitch of the vitriol make thinking, let alone conversing, difficult. But that may point to a reality still more sobering than the perennially (and maybe banally) true observation that a great deal of what passes for public discourse did not require serious thought in its formulation: that when we deal with certain kinds of events, and try to engage in the process of translating them and reconstructing them into the form of a problem, we are running up against dimensions of the human experience so extraordinary that they shove us flatly against the limits of what we are able to do in thought. Perhaps the struggle now is less against a chronic inability to think, and more with recognizing the ways in which the limits of how we can feel and see and know – and then think – have created limits not just to how we can understand the problem, but to how we can understand each others’ responses to it.
One permanent refrain in this debate is the culpability of violent media in generating cultures in which, it is said, such extraordinary brutality becomes possible (ignoring, it might be objected, that humankind has shown a rather vibrant aptitude for brutality for quite some time). The newest variation on this theme, which in structure has changed little since its revival by Tipper Gore and Susan Baker in the 1980s, is that violent video games, by wedding the sensation of the rapid pleasures of accomplishment unique to video games with a sense of agency in apparent violence have created a generation desensitized not just to images of extraordinary violence, but to the prospect of committing it oneself. A friend of mine who has good reason to be sensitive was so infuriated at the NRA’s release of a mobile app promoting “responsible gun use” one month to the day after the Newtown shootings that he couldn’t eat for several days.
If it is possible to set aside questions of titanically poor taste and worse (and its not clear that we should), there is something about this way of thinking about the problem of violent imaginaries that reflects what I am suggesting is an issue of pathologies arising from mental necessities.
There is little use denying that being intensively immersed in gaming environments (any gaming environments, and not just violent electronic ones) for extended periods of time can seriously, if usually temporarily, alter a person’s phenomenal experience of their own agency and the realness of the world around them (I confess this as a recovering Sid Meier enthusiast myself). But the concept of de-sensitization is a difficult one in particular because, as Arendt points out, de-sensitization is precisely what thought does, and must do to carry out its work. Nowhere is this more clear than in those cases in which we are confronted with events that seriously strain the possibility of thinking about them at all.
Thinking about tragedies involves a twin process that need not, and should not, lessen the experience of their terribleness…but it always can. That twin process, as Arendt describes it, is one of de-sensation and re-sensation. When we try to think about what has occur, we have to call it up, we reproduce it “by repeating in [our] imagination, we de-sense whatever had been given to our senses.” In remembering, we convert the data of our senses, including our common sense, into objects of thought. We do that in order to make them fit for the preoccupation of thought, our “quest for meaning;” in other words, re-sensation, the process of translation into narrative and metaphor by which facts become truths.
It’s not difficult to see how extraordinary brutality challenges this double operation to the point of impossibility. On the one hand, this model of de-sensation by the reproductive imagination presumes a kind of voluntarism to the recollection, when often, and most especially in the cases like those of immediate victims where the stakes are highest, recollection comes unbidden, and far from de-sensing involves the cruel and incessant reiteration of sense that is renewed in all of its thought-destroying power. On the other hand, extraordinary brutality by its very nature resists re-sensation in proportion to its extraordinariness: to read the trial of Anders Breivik, for example, is to watch a play of the utter failure of not only the killer’s own efforts at narrative, but those of every single speaking person involved. It is not a surprise that these trials test the law’s own limited strictures of re-sensation to the breaking point, which often comes as nothing more than quiet acquittal (as with Mathieu Ngudjolo Chui, in whose case international law was forced to confess the inadequacy of its categories).
What’s more difficult to see is how that terrible challenge presented by extraordinary brutality to our very capacity to think is simultaneously a challenge to our politics, one perhaps graver still for our hope, as Arendt puts it in her Denktagebuch, to share a world with those with whom we must live. Extraordinary brutality makes a shamble of our narrating powers, and the failures of others to make sense of it which incite our scorn – as when, I will admit, even as someone who grew up in a gun culture, I literally cannot make sense of the suggestion that high-capacity magazines would be better combated by their increased prevalence in the school environment itself – are no less replicated by our own attempts, whether or not we can see and admit it. Imagination’s other function, its most political function for Arendt, is to put ourselves in the place of others in order to more fully see the political world that confronts us. If this is true, then it is not our capacity to put ourselves in the place of a killer that most threatens our political capacity to respond, whatever the prevalence of this problem in popular discourse. This may often be an impossibility, but the stakes are much lower than that of the impossibility of putting ourselves in the places of others who are also trying – and like us mostly failing – to respond. In trying and failing to renarrate tragedy in order to construct political problems and solutions, we come up against the limits of our imaginations, limits are themselves defined by the bounds of our prior experiences and our thought itself. When it comes to the world of the gun (and here, I can only urge a look at the truly remarkable The Language of the Gun), we are running up against the reality that contemporary American polity covers experiences of the world divergent to such an extreme – how much, in terms of sensory experience in their personal history do David Keene and Alan Padilla share, really? – that answers truly are being constructed from worlds which, in the senses that matter to policymaking, don’t overlap. And in an environment where that is true, the first, most critical order must be the one that is neglected most: not to analyze why our competing solutions are right or wrong, but to understand why the solutions we are proposing arise from the experiences of the world we have had, including our experiences of the tragedies we cannot re-sense.
Responses cannot be crafted out of worlds that are not shared, and tending to the former requires a kind of tending to the latter that we see vanishingly rarely, thought the torch still carried by a few radio producers and documentary filmmakers. Absent that kind of dedicated world-making – and perhaps that process requires a time and restraint that too is threatened by extraordinary brutality – we will simply be left with what we have, an issue politics without common sense because the only sense that is common, the event, is insensible. When they respond in ways we cannot abide, understanding our political others is an almost impossibly difficult task. It is also one that a polity cannot possibly do without.
"The alternative to forgiveness, but by no means its opposite, is punishment, and both have in common that they attempt to put an end to something that without interference could go on endlessly. It is therefore quite significant, a structural element in the realm of human affairs, that men are unable to forgive what they cannot punish and that they are unable to punish what has turned out to be unforgivable."
- Hannah Arendt, The Human Condition
George Zimmerman returned to jail last week, two days after his bond was revoked for intentionally deceiving the court about his financial situation. The speed and promptness of this re-incarceration stands in marked contrast to the six weeks that passed between Zimmerman's lethal shooting of Trayvon Martin, and his arrest and arraignment on charges of second-degree murder.
During these six weeks, it was astonishing to many people that given the Sanford Police department’s astonishing failure to investigate the case properly, and the application of Florida’s “Stand Your Ground” defense, Zimmerman was apparently immune to prosecution (even as similar cases produced vastly different outcomes). Troubled by not simply this fact, but also the explicitly and implicitly racialized context of the case, I found myself deeply invested in seeing Zimmerman arrested, tried, and ultimately punished.
And yet at the same time, as a scholar of punishment in the United States, I hold a deep distrust in a broken criminal justice system that has historically been an instrument in the foundation and maintenance of white supremacy as a political system. As put eloquently at the blog, Low End Theory, "[I]n appealing to the power of the police to arrest, and to the power of the courts to sentence Zimmerman, we also make heard a message that we might otherwise hesitate to send: namely, that we believe that these institutions—the police, the courts, the law—are institutions capable of delivering the justice we want."
Even if we assume that these are institutions capable of delivering such justice, they are nevertheless predicated on the idea that justice can be delivered through punishing. If we are to "think what we are doing" in terms of punishment and our desire to achieve justice through it, we might do well to revisit Arendt's account of the relationship between punishment and forgiveness.
In The Human Condition, Arendt positions punishment as an alternative to forgiveness, which in turn is defined as similar to promising and the opposite of vengeance. All actions, Arendt argues, are necessarily unpredictable and irreversible. We cannot know with certainty what will happen as a result of our actions, nor can we undo them. These two uncomfortable facts about action might otherwise paralyze us from doing anything, but thankfully we have the ability to make promises about the uncertain future and to both seek and grant forgiveness, absolving past harms. Were it not for these faculties we would be unable to reconcile our own finite existence with the fundamental plurality of the human condition. Without forgiveness in particular, we would be forever "confined to one single deed from which we could never recover; we would remain the victims of its consequences forever, not unlike the sorcerer's apprentice who lacked the magic formula to break the spell" (237).
Forgiveness can resolve the fact of irreversibility because, Arendt succinctly notes, it is able to put "an end to something that without interference could go on endlessly" (241). This is what distinguishes forgiveness from vengeance. Vengeance is nothing more than the "re-acting against an original trespassing" (240). It is predictable and certain, a “natural” and “automatic reaction.” It cannot be a new action, but only the continuation of the original transgression. Forgiveness, on the other hand, is an action par excellence, done freely rather than necessarily. Forgiveness is unpredictable and uncertain. If forgiveness is forced, it doesn't really count. One can only ask for forgiveness; one can never demand it. As such, forgiveness can allow us to begin anew in the face of a transgression because it is "the only reaction which does not merely re-act but acts anew and unexpectedly, unconditioned by the act which provoked it and therefore freeing from its consequences both the one who forgives and the one who is forgiven" (241).
But what does it mean for punishment to be “the alternative” to this? Can punishment possibly do the same transcendent work for us? If we seek justice through punishment, can such punitive justice ever be the grounds for natality and freedom?
While we typically affirm the justness of punishment by its distinction from vengeance, it nevertheless must be intimately tied to the specific transgression if it is to be justified. Just punishments must "fit" the specific transgression and excessive, cruel, or unusual punishments are thought to be transgressions themselves. Unlike forgiveness, just punishment must be predictable and certain, applied automatically and universally if it is to be effective and non-arbitrary. Moreover, if our desire for punishment itself becomes automatic and mechanical, this too marks punishment as reactive rather than free. When we find ourselves automatically turning to punishment in response to transgressions, we not only signal a belief that some set of punitive institutions can render justice, but we also reveal a desire similar to the desire for vengeance: a continuation of the transgression.
For punishment to do the same work as forgiveness–stepping outside and beyond the logic of the original transgression and starting something new–it would seemingly have to be arbitrary rather than regular, and therefore lose a key part of its character as just punishment. For punishment to be both predictable and also capable of starting something new, it would have to be as difficult to embrace as forgiveness, such that it, like forgiveness, might be able to free both the punished and the punisher from the past transgression.
The heart of the difficulty is that we remain caught between the act and the actor, of the task of responding to the unpredictability and irreversibility of actions, when the subject of either forgiveness or punishment is the actor. In this sense, forgiving and punishing both publicly declare that some particular action belongs to a particular actor. For Arendt, we must remember that there is nothing self-evident or automatic about the authorship of actions. In so far as an action "reveals" an agent, Arendt writes, "this agent is not an author or a producer" in isolation from others (184). Punishing and forgiving do not simply "hold" a person responsible for their actions, but rather, in concert with their actions, they produce them as responsible subjects for those actions. Forgiveness, Arendt insists, is thus "always an eminently personal ... affair in which what was done is forgiven for the sake of who did it" (241). If forgiveness is able to bring an end to the transgression and free both the forgiver and the forgiven by beginning something new, it is because it establishes a new relationship between those persons.
But forgiveness is only able to "undo what one has done though one did not, and could not, have known what he was doing," because of this translation from action to agent. When a specific agent is assigned responsibility (or takes responsibility for an action that has turned out badly), one need not forgive the bad act, but rather the person. Forgiveness produces responsible subjects on both sides of the exchange. But when punishment makes this same translation, as Michel Foucault demonstrates, it has historically done so through producing a kind of criminal subjectivity that on the one hand treats the agent as a free subject (responsible for their bad acts) and on the other hand, as a pathological object (irresponsible and thus in need of incarceration and discipline). The relationship established between persons through punishment is neither symmetrical, novel, nor personal. Instead, it purchases the punisher’s freedom through condemning the other to unfreedom. Where forgiveness is a productive success, punishment is a productive failure.
What Arendt seems to recognize in the paradoxical relationship between punishment and forgiveness is that even if punishment is an "alternative" to forgiveness, it nevertheless cannot be a substitute for it. What does it mean, then, that we find ourselves unable to forgive that which we cannot punish, and that we cannot punish that which is unforgivable? In part, it means that we might require institutions of punishment if we have any hope of being able to choose forgiveness. And our desire for punishment might be, in part, a desire for the possibility of forgiveness. Punishment, even as it might fail to resolve the predicament of action, might be the condition of possibility of that resolution. But to exercise it would be fall into the trap of vengeance and unfreedom.
That George Zimmerman appeared, for six long weeks, to be not simply unpunished but immune from punishment carries the mark of a kind of immunity from responsibility that serves as the "hallmark" of "radical evil" (241). In the face of such immunity for the killing of another human–to find ourselves powerless to act–is to be confronted not simply with a bad action, but with an offense that "transcends the realm of human affairs" (241). As Robert Gooding-Williams notes, the evil of this automatic immunity afforded to Zimmerman is neither accidental or novel in the U.S., but is deeply connected to who Trayvon Martin was: a young black man living in a nation that historically deputized all non-black persons as executors of the federal fugitive slave law. For Zimmerman to be automatically deputized to kill Trayvon Martin–to be unpunishable for Martin’s death–would affirm the persistence of the radical evil of chattel slavery in a new form.
But even if our desire for punishment reflects a desire toward forgiveness, the danger of punishment as vengeance follows as well. The same punitive institutions, in order to be just, push us toward the logic of simple reaction, rather than action, of predictability and necessity, rather than natality and freedom. It is worth noting that there are currently more black men supervised by the criminal justice system than were held in slavery in 1850. Our regular and automated reliance on punishment to do the work of justice might itself be both necessary for justice, and yet also itself a radical evil, masked by the notion that it can do the same work as forgiveness.
-Andrew T. Dilts