**This post was originally published on November 15, 2013**
It is now more than 50 years since Hannah Arendt published Eichmann in Jerusalem. It is neither her best nor her most important book, yet it does contain essential and important insights. Above all, it offers us the example of a man who, as Arendt saw and understood him, moved fairly seamlessly from being an anti-Semite to a genocidal murderer. Arendt asked: How is it that Eichmann and others like him morphed so easily from an anti-Semite to a mass murderer?
“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
It is now more than 50 years since Hannah Arendt published Eichmann in Jerusalem. It is neither her best nor her most important book, yet it does contain essential and important insights. Above all, it offers us the example of a man who, as Arendt saw and understood him, moved fairly seamlessly from being an anti-Semite to a genocidal murderer. Arendt asked: How is it that Eichmann and others like him morphed so easily from an anti-Semite to a mass murderer?
Arendt’s book is justly famous because it posed this deeply important question and offered an answer that has, over time, come to be seen as persuasively right. In short, it is the case that modern systems of administratively organized murder and criminality depend upon the collaboration and work of many people who, while they support the general goals of the regime, would not otherwise imagine themselves criminals and murderers. These people act out of conviction, but they seek to justify what they do in clichés and bureaucratic language. They take pride not only in their dutifulness, but also in their initiative and support for carrying out the goals of the regime. Ordinary in many ways and far from being cold-blooded killers, they nevertheless willingly and even enthusiastically participate in an administrative machinery of death. They are able to do so, Arendt suggested, because they close themselves off from others and come to think in an echo chamber where they hear and credit no opinions that challenge their own. This shallow thoughtlessness—Arendt elsewhere calls dumbness—is what she names the banality that allows modern regimes of evil to cause such horrifically and decidedly non-banal evil.
What amazes me is how the centrality of her insight is still clouded over by an exaggerated and misplaced anger and contempt. How is it that 50 years after her book appeared and 75 years after Kristallnacht, some American intellectuals still have little better to do than attack Arendt for the tone of her book, the offense of certain phrases, and her use of the word “banal”? Aren’t there more important questions than the ultimately unknowable question of whether Eichmann—the example Arendt used—was or was not truly thoughtless? There must be more important things for intellectuals to be indignant about.
A case in point is the two-part series of essays published by Mark Lilla in the last two issues of the New York Review of Books. Lilla, a distinguished Professor of the Humanities at Columbia University in New York, begins the second of his essays, “The Defense of a Jewish Collaborator,” with these reflections:
A half-century has passed since Hannah Arendt’s Eichmann in Jerusalem was first published. Yet somehow we can’t escape it. Even today historians of the Final Solution do battle with her misguided thesis that Adolf Eichmann, the cold-blooded engineer of the Nazi killing machine, was himself but a cog in it, a self-deceived simpleton who made evil seem banal.
If Lilla is so upset that so much attention is lavished on Arendt’s book, why does he once again begin with it? Moreover, why does he insist on criticizing Arendt for things she never said? Let’s consider Lilla’s characterizations of Arendt’s arguments—characterizations that are tossed off, repeated by many, and quite simply are false.
Lilla first accuses Arendt of calling Eichmann “a cog” in the Nazi killing machine. This is a common complaint, one made famous by Deborah Lipstadt, whom Lilla cites approvingly. But where does Arendt say this? The simple answer is nowhere.
The “cog theory” comes up sparingly in Eichmann in Jerusalem, but wherever it does, Arendt decidedly rejects it. Consider this paragraph from section IV of her report, where she discusses what she calls “Eichmann's muddled general outlook and ideology with respect to “the Jewish question.”” She writes:
Eichmann admitted, as he had in the Sassen interview, that he “did not greet his assignment with the apathy of an ox being led to his stall,” that he had been very different from those colleagues “who had never read a basic book [i.e., Herzl's Judenstaat], worked through it, absorbed it, absorbed it with interest,” and who therefore lacked “inner rapport with their work.” They were “nothing but office drudges,” for whom everything was decided “by paragraphs, by orders, who were interested in nothing else,” who were, in short, precisely such “small cogs” as, according to the defense, Eichmann himself had been. If this meant no more than giving unquestioning obedience to the Führer's orders, then they had all been small cogs - even Himmler, we are told by his masseur, Felix Kersten, had not greeted the Final Solution with great enthusiasm, and Eichmann assured the police examiner that his own boss, Heinrich Müller, would never have proposed anything so “crude” as “physical extermination.” Obviously, in Eichmann's eyes the small-cog theory was quite beside the point. Certainly he had not been as big as Mr. Hausner tried to make him; after all, he was not Hitler, nor, for that matter, could he compare himself in importance, as far as the “solution” of the Jewish question was concerned, with Müller, or Heydrich, or Himmler; he was no megalomaniac. But neither was he as small as the defense wished him to be.
Arendt revisits the “cog theory in her postscript. Here is what she writes there:
We heard the protestations of the defense that Eichmann was after all only a “tiny cog” in the machinery of the Final Solution, and of the prosecution, which believed it had discovered in Eichmann the actual motor. I myself attributed no more importance to both theories than did the Jerusalem court, since the whole cog theory is legally pointless and therefore it does not matter at all what order of magnitude is assigned to the “cog” named Eichmann. In its judgment the court naturally conceded that such a crime could be committed only by a giant bureaucracy using the resources of government. But insofar as it remains a crime - and that, of course, is the premise for a trial - all the cogs in the machinery, no matter how insignificant, are in court forthwith transformed back into perpetrators, that is to say, into human beings. (italics added)
In the only mentions of the “cog theory” in her book, Arendt dismisses it as untrue and shows how even Eichmann rejected the cog theory and took pride in seeing himself as someone driven by conviction rather than by mere obedience. What Eichmann believed in is difficult to discern, which is why Arendt calls his thinking on the Jewish Question “muddled.” By this she means, it is unclear what were Eichmann’s real motivations. At times Eichmann spoke of helping the Jews emigrate (his first job from 1933-1939). At other times he said he “regarded the Jews as opponents with respect to whom a mutually acceptable, a mutually fair solution had to be found.” Arendt assumed he was an anti-Semite as well and discredited his claims of philo-Semitism. In the end, she found his thinking muddled. What was clear, is that Eichmann supported the Nazis enthusiastically. He was hardly a mere cog.
I hope we can put the “cog theory” to rest once and for all. It is repeated ad nauseum. But nowhere does Arendt embrace it. On the contrary, she rejects it.
Lilla also writes that Arendt “made evil seem banal.” One wonders what he means by such a statement. In fact, Arendt contrasts the horrific evil of the Holocaust with Eichmann’s inability to think from the perspective of others—banality not of what he did (evil), but of his person. When Arendt comes to actually offer her own opinion on what should happen to Eichmann—that he must be killed—she argues the true reason he needs to be executed is simply because of the extraordinary evil he has done.
That “evil violates a natural harmony” is, Arendt writes, the non-banal and “supreme justification” for why Eichmann must be executed. Against modern criminal law theories that see punishment as a response to the intent of the wrongdoer, Arendt argues the opposite: that Eichmann must be punished—regardless of his intent—because of the evil he has done. Here is what she says:
Foremost among the larger issues at stake in the Eichmann trial was the assumption current in all modern legal systems that intent to do wrong is necessary for the commission of a crime. On nothing, perhaps, has civilized jurisprudence prided itself more than on this taking into account of the subjective factor. Where this intent is absent, where, for whatever reasons, even reasons of moral insanity, the ability to distinguish between right and wrong is impaired, we feel no crime has been committed. We refuse, and consider as barbaric, the propositions “that a great crime offends nature, so that the very earth cries out for vengeance; that evil violates a natural harmony which only retribution can restore; that a wronged collectivity owes a duty to the moral order to punish the criminal” (Yosal Rogat). And yet I think it is undeniable that it was precisely on the ground of these long-forgotten propositions that Eichmann was brought to justice to begin with, and that they were, in fact, the supreme justification for the death penalty. Because he had been implicated and had played a central role in an enterprise whose open purpose was to eliminate forever certain “races” from the surface of the earth, he had to be eliminated.
The evil of the Holocaust was barbaric. It violated the order of the universe. To say that Arendt saw evil as banal is simply a willful misreading of her book.
The word “banality” appears once in a book of 250 pages that is filled with expressions of shock and horror at Nazi doings of evil. When Arendt does speaks not simply of the “banality of evil,” but of the “fearsome, word-and-thought defying banality of evil,” she refers to Eichmann and people like him who are able to justify their participation in truly evil acts by justifying themselves according to clichés, rationalizations, and deceptions. To do so, she argues, requires a lack of thinking, where thinking is understood as thinking from the perspectives of others. That is the kind of shallow banality that enables ordinary men to do evil. It is hardly to describe evil itself as banal.
Finally, in Lilla’s first essay on Arendt (thinly disguised as a review of the new film by Margarethe von Trotta), Lilla trades in the lately popular fallacy that newly discovered interviews of Eichmann by Dutch Nazi Willem Sassen prove Arendt mistaken about Eichmann. Lilla claims that a quotation full of ellipses offers such glaring proof of Eichmann’s thoughtful monstrousness that, had Arendt known this “new” information, she “would have to concede” she was wrong.
Here is the chilling quotation from the Sassen papers that Lilla offers.
The cautious bureaucrat, yeah, that was me…. But joined to this cautious bureaucrat was a fanatical fighter for the freedom of the Blut I descend from…. What’s good for my Volk is for me a holy command and holy law…. I must honestly tell you that had we…killed 10.3 million Jews I would be satisfied and would say, good, we’ve exterminated the enemy…. We would have completed the task for our Blut and our Volk and the freedom of nations had we exterminated the most cunning people in the world…. I’m also to blame that…the idea of a real, total elimination could not be fulfilled…. I was an inadequate man put in a position where, really, I could have and should have done more.
This quotation shows the ferocity of Eichmann’s character. It shows him to be fully committed to carrying out the Final Solution, which, of course, was one of Arendt’s main arguments—that Eichmann did not simply obey, but supported the Nazi regime. It shows Eichmann was not simply a cog, again a point made by Arendt. It shows that Eichmann put himself under his “Volk,” the German word for Nation or People. He repeats this point often in the Sassen papers, that he was prepared to sacrifice himself, his conscience, his morality, and his life for the good of the German Volk as articulated by Adolf Hitler. And it shows that Eichmann refused to ask for forgiveness for what he had done. He shows no remorse and even feels guilty that he did not accomplish the task eventually assigned to him after 1941, to help exterminate the entirety of the 10.3 million Jews in Europe. In short, these citations show Eichmann to be a god awful man.
Lilla offers this citation to make a different point, however, namely, to accuse Arendt, not simply Eichmann. It is intended to prove that Arendt was wrong about Eichmann. Because of this quote, “we now know [Arendt’s argument] to be utterly indefensible.” What is more, in an astounding act of ventriloquism, Lilla writes: “Arendt, [if] were she alive, would have to concede.”
The problem with Lilla’s assertion is that Arendt was aware of the material he quotes. Partial transcriptions of the interviews—including the quotes Lilla cites—were published in two volumes of Life Magazine in 1960. Arendt read those interviews; she suspected they were not fully reliable, but understood them to give a sense of Eichmann’s anti-Semitism, his boastfulness and stupidity—all congruent with the 70 pages of Eichmann’s 1956 memoir written in Argentina that she also read. In short, Arendt had seen many of the damning quotes from the Sassen interviews and concluded that, if anything, they supported her interpretation. If Lilla wants to argue that Arendt got Eichmann wrong, fine: he should make his case on its merits, not on assertions of her ignorance of essentials of which she was not ignorant.
Arendt saw Eichmann as an anti-Semite. Might she have underestimated the extent of his hatred? Perhaps. Having read as much of Eichmann’s writings as I have been able to get my hands on, I am convinced that Eichmann was a virulent anti-Semite. So much so that it is clear to me that his hatred of Jews must have played some significant role in his willingness to participate in the Final Solution. But none of that in any way contradicts Arendt’s argument.
There is a difference between virulent anti-Semitism and genocidal mass murder. Both in Jerusalem and Argentina, Eichmann describes pangs of conscience—not about killing Jews, but about killing. The fact is that from 1933-1940 Eichmann’s anti-Semitism led him to enthusiastically support and carry out first the policy of helping Jews to leave Germany and second the policy of deporting them from Germany. After the Final Solution was decided upon, Eichmann expressed reservations about it in both Argentina and in Jerusalem. He made it very clear that he was against killing and that he never personally killed anyone. This point—as irrelevant as it was to the trial—was important to him. What shocked Arendt was how he so quickly overcame his conscientious resistance to killing. His anti-Semitism—clearly part of the explanation—cannot alone explain how, or why, he so easily overcame his initial resistance to the physical extermination of the Final Solution.
Arendt saw that Eichmann’s original reservations at being involved in mass murder dissipated quickly as he justified mass murder, consoling himself with clichés, and hoping others would understand and forgive him. This dumb shallowness is what Arendt called Eichmann’s banality. Arendt’s point was that Eichmann—beyond being an anti-Semite—thrived upon the power and meaning he got from being a Nazi. There is simply no reason to think that the quotations from the Sassen Papers that Lilla offers—quotations Arendt had read—would make her change her mind. To say they would is to free oneself from the obligation of understanding her argument.
Arendt asked how Eichmann morphed from an anti-Semite to a mass murderer. Her critics owe her the courtesy of engaging the depth of her argument, something Lilla’s false claims of superior knowledge free him from having to do. Fifty years on, it is time to get beyond “gotcha” accounts that dismiss the seriousness of her work and, instead, take Arendt’s arguments seriously.
When all this is said, there is much to recommend in Lilla’s two essays. Especially in his consideration of Claude Lanzmann’s film The Last of the Unjust—a spirited defense of one of the worst of the Judenräte Benjamin Murmelstein. Lilla displays good sense in questioning Lanzmann’s defense of Murmelstein’s rationalizations for his collaboration. Further, in his first essay, Lilla rightly considers and rejects the most slanderous and pernicious arguments that Arendt blamed the Jewish victims of the Holocaust. His discussion of Arendt’s account of the Judenräte is balanced and informative. He rightly sees that the anger over her characterization of the Jewish leaders was largely overblown, based on taking offending phrases out of context.
In the end, it is important to read essays like Lilla’s, if only to understand the liveliness of the sadly-continuing controversy around Eichmann in Jerusalem. Mark Lilla’s “Arendt and Eichmann: The New Truth” and his “The Defense of a Jewish Collaborator,” are your weekend reads.
The response has been swift and negative to the Rolling Stone Magazine cover—a picture of Dzhokhar Tsarnaev who with his now dead brother planted deadly homemade bombs near the finish-line of the Boston Marathon. The cover features a picture Tsarnaev himself posted on his Facebook page before the bombing. It shows him as he wanted himself to be seen—that itself has offended many, who ask why he is not pictured as a suspect or convict. In the photo he is young, hip, handsome, and cool. He could be a rock star, and given the context of the Rolling Stone cover, that is how he appears.
The cover is jarring, and that is intended. It is controversial, and that was probably also intended. Hundreds of thousands of comments on Facebook and around the web are critical and angry, asking how Rolling Stone could portray the bomber as a rock-star. They overlook or ignore the text accompanying the photo on the cover, which reads: “The Bomber. How a Popular, Promising Student Was Failed by His Family, Fell Into Radical Islam, and Became a Monster.” CVS and other retailers have announced they will not sell the magazine in their stores.
That is unfortunate, for the story written by Janet Reitman is exceptionally good and deserves to be read.
Controversies like this have a perverse effect. Just as the furor over Hannah Arendt’s Eichmann in Jerusalem resulted in the viral dissemination of her claims about the Jewish leaders, so too will this Rolling Stone cover be seen by millions of people who otherwise would never have heard of Rolling Stone. What is more, such publicity makes it ever less likely that the story itself will be read seriously, just as Arendt’s book was criticized by everyone, but read by few.
Reitman’s narrative itself is unexceptional. It is a common story line: young, normal kid becomes radicalized and does something none of his old friends can believe he could do. This is a now familiar narrative that we hear in the wake of the tragedies in Newtown (Adam Lanza was described as a nice quiet kid) and Columbine (Time’s cover announced “The Monsters Next Door.”)
This is also the narrative that Rolling Stone managing editor Will Dana embraced to defend the Cover on NPR arguing it was an "apt image because part of what the story is about is what an incredibly normal kid [Tsarnaev] seemed like to those who knew him best back in Cambridge.” It was echoed too by Erin Burnett, on CNN, who recently invoked Hannah Arendt’s idea of the “banality of evil.” In the easy frame the story offers, Tsarnaev was a good kid, part of a striving immigrant family, someone who loved multi-racial America. And then something went wrong. He found Islam; his family fell apart; and he became a monster.
This story is too simple. And yet within the Rolling Stone story, there is a wealth of information and reporting that does give a nuanced and thoughtful portrayal of Tsarnaev’s journey into the heart of evil.
One fact that is important to note is that Tsarnaev is not Eichmann. Eichmann was a member of the SS, a nationalist security service engaged in world war and dedicated to wiping certain races of peoples off the face of the earth. He committed genocide as part of a system of extermination, something both worse than and yet less messy than murder itself. It is Tsarnaev, who had no state apparatus behind him, who become a cold-blooded murderer. The problems that Hannah Arendt thought that the court in Jerusalem faced with Eichmann—that he was a new type of criminal—do not apply in Tsarnaev’s case. He is a murderer. To understand him is not to understand a new type of criminal. And yet it is a worthy endeavor to try to understand why more and more young men like Tsarnaev are so easily radicalized and drawn to murdering innocent people in the name of a cause.
Both Eichmann and Tsarnaev were from upwardly striving bourgeois families that struggled with economic setbacks. Eichmann was white and Austrian, Tsarnaev an immigrant in Cambridge, but both were economically disaffected. Tsarnaev wanted to make money and, like his parents, dreamed of a better life.
Tsarnaev’s family had difficulty fitting in with U.S. culture. His father was ill and could not work. His mother sought to earn money. And his older brother, whom he idolized, saw his dreams of Olympic boxing dashed partly because he was not a citizen. He increasingly turned to a radical version of Islam. When Tsarnaev’s parents both returned to Dagestan, he fell increasingly under the influence of his older brother.
Like Eichmann, Tsarnaev appears to have adopted an ideology that provided a coherent and meaningful narrative that gave his life significance. One can see this in a number of tweets and statements that are quoted in the article. For example, just before the bombing, he tweeted:
"Evil triumphs when good men do nothing."
"If you have the knowledge and the inspiration all that's left is to take action."
"Most of you are conditioned by the media."
Like Eichmann, Tsarnaev came to see himself as a hero, someone willing to suffer and even die for a noble cause. His cause was different—anti-American jihad instead of anti-Semitic Nazism—but he was an ideological idealist, a joiner, someone who found meaning and importance in belonging to a movement. A smart and talented and by most accounts good young man, he was lost and adrift, searching for someone and something to give his life purpose. He found that someone in his brother and that something in jihad against America, the land that previously he had so embraced. And he became someone who believed that what he was doing was right and necessary, even if he understood also that it was wrong.
We see clearly this ambivalent understanding of right and wrong in the note Tsarnaev apparently scrawled while he was hiding in a boat before he was captured. Here is how Reitman’s article describes what he wrote:
When investigators finally gained access to the boat, they discovered a jihadist screed scrawled on its walls. In it, according to a 30-count indictment handed down in late June, Jihad [Tsarnaev's nickname] appeared to take responsibility for the bombing, though he admitted he did not like killing innocent people. But "the U.S. government is killing our innocent civilians," he wrote, presumably referring to Muslims in Iraq and Afghanistan. "I can't stand to see such evil go unpunished. . . . We Muslims are one body, you hurt one, you hurt us all," he continued, echoing a sentiment that is cited so frequently by Islamic militants that it has become almost cliché. Then he veered slightly from the standard script, writing a statement that left no doubt as to his loyalties: "Fuck America."
Eichmann too spoke of his shock and disapproval of killing innocent Jews, but he justified doing so for the higher Nazi cause. He also said that when he found out about the sufferings of Germans at the hands of the allies, it made it easier for him to justify what he had done, because he saw it as equivalent. The fact that the Germans were aggressors, that they had started the war, and that they were killing and torturing innocent people simply did not register for Eichmann, just as it did not register for Tsarnaev that the people in the Boston marathon were innocent. There are, of course, innocent people in Iraq and Afghanistan who have died at the hands of U.S. bombs. Even for those of us who were against the wars and question their sense and justification, however, there is a difference between death in a war zone and terrorism.
The Rolling Stone article does a good job of chronicling Tsarnaev's slide into a radical jihadist ideology, one mixed with conspiracy theories.
The Prophet Muhammad, he noted on Twitter, was now his role model. "For me to know that I am FREE from HYPOCRISY is more dear to me than the weight of the ENTIRE world in GOLD," he posted, quoting an early Islamic scholar. He began following Islamic Twitter accounts. "Never underestimate the rebel with a cause," he declared.
His rebellious cause was to awaken Americans to their complicity both in the bombing of innocent Muslims and also to his belief in the common conspiracy theory that America was behind the 9/11 attacks. In one Tweet he wrote: "Idk [I don’t know] why it's hard for many of you to accept that 9/11 was an inside job, I mean I guess fuck the facts y'all are some real #patriots #gethip."
Besides these tweets that offer a provocative insight into Tsarnaev's emergent ideological convictions, the real virtue of the article is its focus on Tsarnaev's friends, his school, and his place in American youth culture. While his friends certainly do not support or condone what Tsarnaev did, many share some of his conspiratorial and anti-American beliefs. Here are two descriptions of the mainstream nature of many of his beliefs:
To be fair, Will and others note, Jahar's perspective on U.S. foreign policy wasn't all that dissimilar from a lot of other people they knew. "In terms of politics, I'd say he's just as anti-American as the next guy in Cambridge," says Theo.
This is not an uncommon belief. Payack, who [was Tsarnaev's wrestling coach and mentor and] also teaches writing at the Berklee College of Music, says that a fair amount of his students, notably those born in other countries, believe 9/11 was an "inside job." Aaronson tells me he's shocked by the number of kids he knows who believe the Jews were behind 9/11. "The problem with this demographic is that they do not know the basic narratives of their histories – or really any narratives," he says. "They're blazed on pot and searching the Internet for any 'factoids' that they believe fit their highly de-historicized and decontextualized ideologies. And the adult world totally misunderstands them and dismisses them – and does so at our collective peril," he adds.
The article presents a sad portrait of youth culture, and not just because all these “normal” kids are smoking “a copious amount of weed.” The jarring realization is that these talented and intelligent young people at a good school in a storied neighborhood come off so disaffected. What is more, their beliefs in conspiracies are accepted by the adults in their lives as commonplaces; their anti-Americanism is simply a noted fact; and their idolization of slacking (Tsarnaev's favorite word, his friends say, “was "sherm," Cambridge slang for ‘slacker’”) is seen as cute. There is painfully little concern by adults to insist that the young people face facts and confront unserious opinions.
In short, the young people in Tsarnaev's story appear to be abandoned by adults to their own youthful and quite fanciful views of reality. Youth culture dominates, and adult supervision seems absent. There is seemingly no one who, in Arendt’s language from “The Crisis in Education”, takes responsibility for teaching them to love the world as it is.
The Rolling Stone article and cover do not glorify a monster; but they do play on two dangerous trends in modern culture that Hannah Arendt worried about in her writing: First, the rise of youth culture and the abandonment of adult authority in education; and second, the fascination bourgeois culture has for vice and the short distance that separates an acceptance of vice from an acceptance of monstrosity. If only all the people who are so concerned about a magazine cover today were more concerned about the delusions and fantasies of Tsarnaev, his friends, and others like them.
Taking responsibility for teaching young people to love the world is the very essence of what Arendt understands education to be. It will be the topic of the Hannah Arendt Center upcoming conference “Failing Fast: The Crisis of the Educated Citizen.” Registration for the conference opened this week. For now, ignore the controversy and read Reitman’s article “Jahar’s World.” It is your weekend read. It is as good an argument for thinking seriously about the failure of our approach to education as one can find.
"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