Thursday, April 7, 2011: “Revenge and the Art of Justice”
Roger Berkowitz - Associate Professor of Political Studies and Human Rights; Academic Director, Hannah Arendt Center for Politics and the Humanities, Bard College.
Roger Berkowitz gave a talk at Haverford College in April 2011. Focusing in on the conceptual relationship between revenge and justice, Berkowitz begins his talk with the story of the Massie trial, a 1932 criminal case which drew national attention. Thomas Massie’s wife was gang-raped by five men who were released by a hung jury in a Hawaiian court. After the trial, Massie conspired with his mother-in-law to kidnap and torture one of the rapists, who died during his violent interrogation. Clarence Darrow himself traveled to Hawaii to defend Massie from the subsequent charges brought against him. Darrow, in the course of his defense, makes two claims about revenge: first, though illegal, it can be just; and second, it is sourced in our animal nature and as such is a fundamental part of human life itself.
Hannah Arendt considered calling her magnum opus Amor Mundi: Love of the World. Instead, she settled upon The Human Condition. What is most difficult, Arendt writes, is to love the world as it is, with all the evil and suffering in it. And yet she came to do just that. Loving the world means neither uncritical acceptance nor contemptuous rejection. Above all it means the unwavering facing up to and comprehension of that which is.
Every Sunday, The Hannah Arendt Center Amor Mundi Weekly Newsletter will offer our favorite essays and blog posts from around the web. These essays will help you comprehend the world. And learn to love it.
Rachel Aviv tells the heartrending and maddening story of the rise and fall of Damany Lewis, a dedicated and innovative teacher who helped teachers correct wrong answers on standardized test scores. One of the arguments for the Common Core and other data-driven educational reforms is that it has the dignity to hold students in poor districts to the same standards as students in wealthier districts. Lewis sees this demand as simply unrealistic: "He felt as if he and his colleagues were part of a nationwide 'biological experiment' in which the variables-the fact that so many children were hungry and transient, and witnessing violence-hadn't been controlled. David Berliner, the former dean of the school of education at Arizona State University, told me that, with the passage of the law, teachers were asked to compensate for factors outside their control. He said, 'The people who say poverty is no excuse for low performance are now using teacher accountability as an excuse for doing nothing about poverty.' Confronted with the need to reach impossible goals, Lewis and his fellow teachers took the easy way out: they cheated. The choice was made easy for them because 'they viewed the cheating as a door they had to pass through in order to focus on issues that seemed more relevant to their students' lives.'" In telling a compelling and devastating story, Aviv raises fundamental questions about the over-reliance on data in education: "John Ewing, who served as the executive director of the American Mathematical Society for fifteen years, told me that he is perplexed by educators' 'infatuation with data,' their faith that it is more authoritative than using their own judgment. He explains the problem in terms of Campbell's law, a principle that describes the risks of using a single indicator to measure complex social phenomena: the greater the value placed on a quantitative measure, like test scores, the more likely it is that the people using it and the process it measures will be corrupted. 'The end goal of education isn't to get students to answer the right number of questions,' he said. 'The goal is to have curious and creative students who can function in life.' In a 2011 paper in Notices of the American Mathematical Society, he warned that policymakers were using mathematics 'to intimidate-to preëmpt debate about the goals of education and measures of success.'"
In the Atlantic, Matt Ford looks at the United States' obsession with incarceration. "Mass incarceration on a scale almost unexampled in human history is a fundamental fact of our country today-perhaps the fundamental fact, as slavery was the fundamental fact of 1850. In truth, there are more black men in the grip of the criminal-justice system-in prison, on probation, or on parole-than were in slavery then. Over all, there are now more people under 'correctional supervision' in America-more than six million-than were in the Gulag Archipelago under Stalin at its height.... The common retort is that people of color statistically commit more crimes, although criminologists and scholars like Michelle Alexander have consistently found no correlation between the incarceration rate and the crime rate. Claims about a 'black pathology' also fall short. But police scrutiny often falls most heavily on people of color nonetheless. In New York City alone, officers carried out nearly 700,000 stop-and-frisk searches in 2011. Eighty-five percent of those stops targeted black and Hispanic individuals, although they constitute only half the city's population. Overall, NYPD officers stopped and frisked more young black men in New York than actually live there. Similar patterns of discrimination can be found nationwide, especially on drug-related charges. Black and white Americans use marijuana at an almost-equal rate, but blacks are 3.7 times more likely to be arrested for possession nationally. In Pennsylvania, Illinois, and other Midwestern states, that arrest disparity jumps to a factor of five."
Brian Cremins takes on the relationship between the mundane and the transcendental both in comics and in art more broadly: "the transcendental artist is not bound by rationalism, but, then again, doesn't work in the realm of the irrational or of the uncanny either. The transcendental artist weaves together the rational with the irrational, the real with the imagined, and the material with the spiritual. To borrow a phrase from Benjamin, the artist doesn't differentiate between the 'major and minor,' but sees all of history's actors-from the enslaved and the martyred to the kings and queens-as playing roles of equal weight and significance."
Kaya Genç notes the way that Turkey's secular nationalists have taken on characteristics of the religious, while its competing group of Muslim nationalists have taken to certain secular aspects. The result makes the country's politics unusual: "Religion in Turkey has become secularized and the secular sphere sacralized, resulting in a struggle over the definition of what is sacred, accompanied by accusations of blasphemy (phrased as disloyalty to the nation and even treason). Individual choice - the choice to be suurlu, a 'consciously' believing Muslim, as opposed to blindly following tradition - has become highly valued as a sign of Muslim modernity. Islamic practice increasingly has come to be expressed as participation in economic networks and through a commodified lifestyle of self-consciously Muslim fashion and leisure. Meanwhile, Kemalist secularism has taken on aspects of the sacred. To discuss this reversal of cultural values and show how religion could have a Weberian association with a certain entrepreneurial mood, [writer Jenny] White paints a picture of the complexities behind Turkey's competing political discourses. The camps described above may have different approaches to nationalism, but they also have many things in common. The motif of the flag, for example, symbolizes both 'secular nationalism' and what White refers to as 'Muslim nationalism.' But beyond the flag, particularly when it comes to race and religion, Turkey's competing nationalisms have a number of not very easily reconcilable differences."
William Deresiewicz' new book Excellent Sheep takes on the academic-industrial complex. In an essay in the New Republic he argues that the Ivy League is ruining the best and the brightest: "These enviable youngsters appear to be the winners in the race we have made of childhood. But the reality is very different, as I have witnessed in many of my own students and heard from the hundreds of young people whom I have spoken with on campuses or who have written to me over the last few years. Our system of elite education manufactures young people who are smart and talented and driven, yes, but also anxious, timid, and lost, with little intellectual curiosity and a stunted sense of purpose: trapped in a bubble of privilege, heading meekly in the same direction, great at what they're doing but with no idea why they're doing it. When I speak of elite education, I mean prestigious institutions like Harvard or Stanford or Williams as well as the larger universe of second-tier selective schools, but I also mean everything that leads up to and away from them-the private and affluent public high schools; the ever-growing industry of tutors and consultants and test-prep courses; the admissions process itself, squatting like a dragon at the entrance to adulthood; the brand-name graduate schools and employment opportunities that come after the B.A.; and the parents and communities, largely upper-middle class, who push their children into the maw of this machine. In short, our entire system of elite education.... So extreme are the admission standards now that kids who manage to get into elite colleges have, by definition, never experienced anything but success. The prospect of not being successful terrifies them, disorients them. The cost of falling short, even temporarily, becomes not merely practical, but existential. The result is a violent aversion to risk."
Jim Sleeper responds to Deresiewicz' in an essay in Bookforum and argues that there is a lost tradition in the liberal arts university itself that Deresiewicz ignores but that needs to be reawakened. "[W]hat's most consequentially wrong with Deresiewicz's jeremiad is his selective history of the old colleges: 'We need to go back before the start, to the Gilded Age, the last decades of the nineteenth century,' a period he knows well as a scholar of its fiction. He dismisses the colleges' founding missions as too little, too early; like the sociologist Jerome Karabel in The Chosen, he doesn't quite know what to make of the fact that, as late as the 1960s, the Ivy WASPs mobilized their oldest, toughest Protestant and civic-republican virtues to prepare 'the ground for their own supersession' by retiring age-old quotas based on ethnicity and race (though, significantly, not the ones based on economic clout) and to 'put the interests of the nation as a whole above their own.' I witnessed that firsthand as an undergraduate at Yale, whose president Kingman Brewster Jr., a descendant of the minister on the Mayflower, gave an honorary doctorate to Martin Luther King Jr. in 1964, when some alumni still considered King a rabble-rouser. Brewster understood that the civil rights movement was renewing the Exodus myth that had moved his Puritan ancestors (and my own Jewish ones) to make history. Yale's radically Calvinist chaplain William Sloane Coffin Jr., leading resistance to the Vietnam War, defied the state in the name of a higher power that, for some of us, was the living American republic itself. So have Howard Dean, Jonathan Schell, Ned Lamont, and other Ivy graduates in our time.That mystic chord of memory seems broken now, as do the colleges that honored it. Deresiewicz tells them to stop cooperating with commercial college-ranking systems; to base affirmative action on class, not race; to discard preferences for legacies and athletes; to weight SAT scores for socioeconomic factors; to discourage résumé stuffing by curbing extracurriculars and by counting financial-aid service jobs as service. And he makes his grand, sweeping calls for change. But how to summon the will to fight for these worthy goals? Beyond his exhortations and potted invocations of George Eliot, Thomas Hardy, and Joseph Conrad, the preacher hasn't a clue."
This past week, The New Yorker put its whole archive online for free, for a limited time (of course). Over the next few weeks, we'll be combing the archives, finding articles worth your attention. In the meantime, it seems like there are two good places to start. The first, of course, is Hannah Arendt's dispatch from the trial of Adolf Eichmann, published in the magazine in five parts and then published separately as the book Eichmann in Jerusalem, a piece of journalism and philosophy that remains important and controversial. There are a lot of rumors about what Arendt said and about what she didn't say-- this is an opportunity to read the work and then judge for yourself as it first appeared.
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The Hannah Arendt Center's annual fall conference, The Unmaking of Americans: Are There Still American Values Worth Fighting For?, will be held this year on October 9-10!
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This week on the Blog, Arie Amaya-Akkermans explores the sources of Arendt's indebtedness to storytelling in the Quote of the Week. French biologist and philosopher Jean Rostand provides this week's Thought on Thinking. We look back on a racism lecture Robert Bernasconi delivered in 2011 in our Video Archives. As a special treat, we learn about a National Endowment for the Humanities Summer Seminar that was taught on Arendt at Bard this summer. And Roger Berkowitz celebrates the memory of author Nadine Gordimer and recognizes mankind's ability to change the world in the Weekend Read.
The re-election of Barack Obama is a milestone. Barack Obama will always be remembered as the first black President of the United States. He will now also be remembered as the first black two-term President, one who was re-elected in spite of nearly 8% unemployment and a feeling of deep unease in society. He is the black President who was re-elected because he seemed, to most Americans, more presidential, more trustworthy, and more likable than his opponent—a white, Mormon, representative of the business elite. Whatever you want to say about this election, it is difficult to deny that the racial politics of the United States have now changed.
President Obama's re-election victory and his distinguished service have made the country a better place. The dream of America as a land of equality and the dream that our people will not be judged by the color of their skin but by the content of their character—these dreams, while not realized, are closer to being realized today because of Barack Obama's presidency and his re-election.
There are some who don't see it that way. There is a map going around comparing the 2012 electoral college vote to the civil war map. It is striking, and it shows with pictorial clarity, that the Republic strongholds today are nearly identically matched with the states of the Confederacy 150 years ago. For some, this is an indictment not only of the Republican Party, but also of the United States. The argument made on Facebook and beyond is that the country is still deeply divided racially; that this election brought out the deep-seated racism underlying the country.
There is also the fact that Twitter apparently was awash in profoundly racist commentary after the election. According to the blog Floating Sheep, the worst of the racist commentary was concentrated in states that Mitt Romney won. Mississippi and Alabama were the states with the largest number of racist tweets on election night.
This could be evidence of a real racial problem. But I don't see it that way. Of course there are some people who are less trusting of a black President. But around the country, voters approved gay marriage, Latinos voted in record numbers, women swept into office, and we re-elected a black President to a second term. To see this election as a confirmation of racist intransigence is overly pessimistic.
Yes, Mitt Romney won the white vote, but he received 59% of the white vote; not exactly a landslide given that the country has real problems. Among white voters over 65, Romney received 61% of the vote. But among white voters under 29, he received only 51% of the vote, a sure sign of things to come. And the white vote was only 72% of the national vote, a record low. As David Simon writes in "Barack Obama and the Death of Normal":
The country is changing. And this may be the last election in which anyone but a fool tries to play — on a national level, at least — the cards of racial exclusion, of immigrant fear, of the patronization of women and hegemony over their bodies, of self-righteous discrimination against homosexuals. ... This election marks a moment in which the racial and social hierarchy of America is upended forever. No longer will it mean more politically to be a white male than to be anything else. Evolve, or don’t. Swallow your resentments, or don’t. But the votes are going to be counted, more of them with each election. Arizona will soon be in play. And in a few cycles, even Texas. And those wishing to hold national office in these United States will find it increasingly useless to argue for normal, to attempt to play one minority against each other, to turn pluralities against the feared “other” of gays, or blacks, or immigrants, or, incredibly in this election cycle, our very wives and lovers and daughters, fellow citizens who demand to control their own bodies.
This is all good news.
And yet, we should not celebrate too loudly. Race still matters in these United States. How it does and why is changing, and will continue to change.
Amidst the progress, one fact remains stubbornly true: black Americans still lag behind white Americans in metrics of education, employment, income, and success. Nearly 5% of black men are in prison in the United States, compared to 1.8% of Hispanic men and .7% of white men.
More than 70% of babies born to black mothers are born out-of-wedlock. When looked at honestly, the problem with race in this country remains stark. It is too big a problem to be swept under the carpet.
And yet that is what is happening. The Obama Presidency has not been kind to blacks. Here is how Frederick C. Harris puts it in the New York Times before the election:
[F]or those who had seen in President Obama’s election the culmination of four centuries of black hopes and aspirations and the realization of the Rev. Dr. Martin Luther King Jr.’s vision of a “beloved community,” the last four years must be reckoned a disappointment. Whether it ends in 2013 or 2017, the Obama presidency has already marked the decline, rather than the pinnacle, of a political vision centered on challenging racial inequality. The tragedy is that black elites — from intellectuals and civil rights leaders to politicians and clergy members — have acquiesced to this decline, seeing it as the necessary price for the pride and satisfaction of having a black family in the White House.
Walter Russell Mead makes a similar point in a rich essay published in The American Interest over the summer. He writes:
Many hoped that the election of the first African-American President of the United States meant a decisive turn in the long and troubled history of race relations in the United States. And indeed President Obama’s election was a signal success for the American racial settlement of the 1970s. But at the moment of its greatest success, that settlement—call it the Compromise of 1977—was beginning to unravel, as evidenced by the fact that President Obama’s nearly four years in office to date have witnessed decades of economic progress and rising political power in black America shifting into reverse.
The housing bubble and its crash have disproportionately impacted black and Latino Americans, who most recently achieved the dream of home ownership. And the loss of jobs in manufacturing and public unions have disproportionately impacted blacks, since these were important routes through which black Americans have entered the middle class. The results for blacks in this country are harrowing. As Mead reports:
Black unemployment under President Obama hit 16.2 percent (June 2011). The median net worth of black households collapsed, falling by 59 percent between 2005 and 2010, wiping out twenty years of progress and plunging to levels not seen since Ronald Reagan’s first term. By comparison, the net worth of white households only fell by 18 percent from 2005 to 2010. The gap between black and white net worth doubled during the Great Recession, and the “wealth gap” between the races rose; the median white household had 22 times the net worth of the median black household. Moreover, the damage to black prospects will not soon be repaired. Indeed, if we now (as seems likely) face a prolonged period of austerity and restructuring in government, there will be fewer job openings and stagnant or falling wages and benefits in the middle-class occupations where blacks have enjoyed the greatest success.
What is more, those national statistics like unemployment, exclude inmates in our nation's penitentiaries. Were we to add the 5% of black men in prison into those cumulative statistics, the situation would look even more perilous.
Mead's essay, The Last Compromise, is essential reading. He argues that race relations in America are marked by three main historical compromises. The first compromise, in 1787, is well known. Including the counting of slaves as three fifths of a citizen and the granting of slave states equal representation in the Senate, this original compromise allowed the country to emerge as a democracy without dealing with the obvious scar of slavery.
The Civil War led to what Mead calls the second major compromise on Race that moved the nation forward without actually granting rights to blacks. In the compromise of 1877,
the white South accepted the results of the Civil War, acknowledging that slavery, secession and the quest for sectional equality were all at an end. The South would live peacefully and ultimately patriotically in a union dominated by Northern capitalists. White Southerners might complain about Northern banks and plutocrats (and they did for decades), but they would not take up arms. For its part, the North agreed to ignore some inconvenient constitutional amendments of the Reconstruction period, allowing each Southern state to manage race relations as its white voters saw fit. In particular, the North allowed the South to deny blacks the vote while counting them for representational purposes.
As Mead writes, this compromise was a disaster for blacks. And yet, there was some progress. Denied the vote and made second-class citizens in much of the country, and faced with continued violence and oppression, blacks could, nevertheless, work to create a small and thriving middle class.
The compromise of 1877 last about 100 years until, in the midst of the Civil Rights Movement, a new compromise emerged. This compromise of 1977 brought with it desegregation of public institutions, affirmative action, the entry of blacks into government and civil service, voting rights, and the chance for success. But it came with a dark side. As Mead summarizes:
At its core, the compromise offered blacks unprecedented economic opportunity and social equality, but it also allowed for the stern and unrelenting repression of inner-city lawlessness and crime. Blacks who were ready, willing and able to participate in the American system found an open door and a favoring wind; blacks who for whatever reason were unable or unwilling to “play by the rules” faced long terms in prisons where gang violence and rape were routine.
The election of President Obama shows the promise and the limits of our current state of race relations. On the one hand, black Americans in the middle and upper classes live in a society that if it is not color blind, is at least open to success, entrepreneurship, and leadership by black Americans. On the other hand, the misery of the black poor continues, largely invisible. This is not simply a racial matter, since it is poverty in general, and not only black poverty, that is ignored. There are many impoverished white people. But it would be dishonest to deny the racial components of poverty.
The 2012 election is a milestone. It proves that 2008 was not a fluke, and it shows that most of the United States will vote for the candidate they feel is better, no matter that candidate's race. This is an enormous achievement and one to celebrate. In many ways the future looks bright. But that is no excuse to refuse an honest confrontation of the problems many black Americans continue to have. President Obama has largely avoided the issue of race, for obvious reasons. It is time to insist that we bring the issue to light.
One good way to begin is to read The Last Compromise by Walter Russell Mead. It is well worth the price of subscription to The American Interest. It is your weekend read.
Adam Gopnik’s piece in the January 30th edition of The New Yorker, “The Caging of America,” offers sober and sobering commentary on our country’s predilection for mass incarceration. Gopnik passionately denounces the indifference if not callous disregard that many Americans exhibit toward prisons and prisoners, and he unsettles some of the rigid certainties that dog run-of-the-mill discussions of criminal justice. And yet my appreciation is also mixed with a degree of unease, in no small part because his rendering of the experience of incarceration strikes me as one-sided. This one-sidedness in turn has implications for how we might conduct public conversations about this vital facet of contemporary American life.
Full disclosure: I am not a prison activist or expert, and I have never been imprisoned. I instead write as an anthropologist and educator with the Bard Prison Initiative (BPI), a program that offers a rigorous liberal arts education to incarcerated students in five New York prisons.
This work affords me a measure of insight into the social dynamics of American incarceration, but my angle of vision is also (inevitably) limited and partial. I therefore approach this topic with considerable humility, but as shall become clear, such humility is precisely my point.
Many of us tend to think of imprisonment first and foremost in terms of physical confinement, but one of the real strengths of Gopnik’s article is his attention to the centrality of time. Indeed, the nature of American prison life gives new meaning to the “empty, homogeneous time” that Walter Benjamin diagnosed as a hallmark of modern existence. In Gopnik’s words:
“It isn’t the horror of the time at hand but the unimaginable sameness of the time ahead that makes prisons unendurable for their inmates…. The basic reality of American prisons is not that of the lock and key but that of the lock and clock.”
My own experience with BPI certainly attests to this tyranny of time. Two of my students once asked if they could remove the clock from the classroom wall so that they would not have to look at it. They explained that time would pass faster this way, and making the time pass, in whatever way possible, was one of their chief concerns.
Yet even as inmates recognize the heavy weight of carceral time, many insist that they are not powerless in the face of it. As another of my students noted, inmates urge one another to take control of their situation to the extent that they are able. “You do the time,” the common injunction apparently goes. “Don’t let the time do you.” That is to say, many inmates aspire to endure and even exert a measure of autonomy, despite the regimentation, dreariness, and pain that often pervade their existence.
Gopnik says too little for my taste about this dimension of incarceration. I sympathize with his claim that “the scale and the brutality of our prisons are the moral scandal of American life." And he is right to emphasize the anxiety, boredom and fear that so often suffuse prison life, just as he is to note the frequency of physical violence, including rape, committed by and against prisoners. But we do a disservice to inmates if we believe that they are entirely at the mercy of the institutions in which they reside—and that the time they serve is merely (to paraphrase Gopnik) “something being done to them.” Most of the inmates I know through BPI seek actively to give shape and direction to the time during and after their imprisonment. They are not defeated and destroyed by their current circumstances, but acutely reflective and articulate about them.
We would do well not merely to hold incarcerated men and women accountable for the offenses they have committed, but also to include their perspectives in necessary public deliberation over the ongoing epidemic of incarceration. They have inhabited and negotiated social worlds that many Americans cannot readily imagine, and they could contribute a great deal to debates where glib self-assurance and easy moralizing are far too common.
There is a pressing need for a more nuanced and democratic conversation about the state of American prisons, particularly when the poor and people of color bear the brunt of incarceration. But such a conversation will not happen if we disqualify current and former inmates from public discussion, either because we believe we know what prison is like and can therefore speak for them, or because we believe that they are not worthy or capable of participating.
The Bard Prison Initiative is one of the most inspirational and also practically important programs that make a difference in our world. It is also one dedicated to the idea that thinking deeply about oneself and one's world is at the core of responsible and engaged citizenship. Every year one of the Hannah Arendt Center fellows teaches courses in prisons through BPI. These fellows report what other Bard colleagues also say, that the students in prisons are inspirational and brilliant.
Watch the PBS Newshour show on the Bard Prison Initiative that aired last week: