It requires courage even to leave the protective security of our four walls and enter the public realm, not because of particular dangers which may lie in wait for us, but because we have arrived in a realm where the concern for life has lost its validity. Courage liberates men from their worry about life for the freedom of the world. Courage is indispensable because in politics not life but the world is at stake.
-Hannah Arendt, Between Past and Future
This quote is a favorite among political theorists who study Arendt. Understandably, for it seems perfectly to capture Arendt as the figure whose principal concern is the public sphere and the politics that can occur only in this sphere. The private realm is characterized by protective walls that allow us blind ourselves to everything but our individual needs while the public opens us up to the grander concerns of the world.
Courage, in this reading, is largely a rhetorical flourish that affirms the grandness of the public realm and the smallness of private, bourgeois concerns with comfort and self-interest. But in reading the concept of courage solely through what has become the “characteristically” Arendtian opposition between the public and private spheres, one overlooks the profound significance of courage for understanding the character of the public realm as Arendt uniquely conceived of it. Arendt acknowledges that courage is necessary for individuals to leave the private sphere and its particular concerns: it takes courage to leave the protective security of private life. But she does not stop there and asserts that courage reflects a key feature of the public realm itself beyond and independent of individuals’ move out of the private. According to Arendt, we need courage not only to leave the private sphere, but also to confront the fact that in the public realm, the world itself is at stake in our own activity of politics.
What Arendt means by this statement that the world is at stake in politics is not clear without a clear understanding of the plurality is for her constitutive of the public realm. For Arendt, plurality is not a statement of difference; it does not summarize the fact that each occupies his or her own standpoint in the world. Rather, plurality reflects the fact that all individuals must show themselves and appear to other human beings. She writes in The Life of the Mind, “everything that is meant to be perceived by somebody. Not Man but men inhabit this planet. Plurality is the law of the earth.” In other words, plurality reflects the fact that the human world is a function of relations of spectatorship. Our world is built upon individuals showing themselves to and being seen by others.
Politics for Arendt is that activity by which individuals reveal or disclose themselves to one another; it describes the activity by which we appear. But when we understand with Arendt that the world itself is constituted in an by these relations of spectatorship, we are forced to confront the fact that the stakes of choosing to appear in the public cannot be limited to individual life and the question of whether or not we choose to live this life courageously. In choosing to appear, in having the courage to appear, we accept the task of creating the world itself and become constitutive members of what is an objective home for all human beings.
This relationship to the world and the burdens and responsibility it imposes on individuals in the very basic task of appearing is for Arendt a necessary, inescapable feature of public life. And this fact that individual appearance is constitutive of the world is what ultimately makes the decision to enter the public realm a matter of courage. To show oneself to others—to say, as Cicero did, “[b]y God I’d much rather go astray with Plato than hold true views with these people”—is not just to reveal, however courageously and however contrary to established codes of behavior, oneself as an individual. It is to affirm and reconcile oneself to one’s responsibilities in a world that is created and sustained by nothing other than individuals showing themselves in their thoughts and judgments to one another. The courage that politics demands is the courage to take on the responsibility to make the world.
Courage might be one motivation behind the decision to leave the protective walls of the private. Others might be recklessness, pride, ambition, or, as Arendt said of the Nazis, merely the ruthless desire to conform to what others are doing. But the choice to engage in politics and appear in the world implicates not just questions about the individual’s character, good or bad, but grounds of the world itself and whether this is strong enough to sustain a world for all men. And one cannot take up this task of creating and sustaining the world with nothing more than one’s own human capacity to appear to others without courage.
It is a new year, not only for Jews celebrating Rosh Hashanah but also for hundreds of thousands of college and university students around the world. As with all new things, there are surprises in store, some glorious and others traumatic. Over at Harvard, they invited Nannerl O. Keohane —past President of Wellesley College—to give the new students some advice on how to reflect upon and imagine the years of education that lay before them. Keohane refashioned some words she had given previously to students at Stanford and called them: “Self-Fashioning in Society and Solitude.”
Above all, Keohane urges students to take time to think about what they want from their education:
You now have this incredible opportunity to shape who you are as a person, what you are like, and what you seek for the future. You have both the time and the materials to do this. You may think you’ve never been busier in your life, and that’s probably true; but most of you have “time” in the sense of no other duties that require your attention and energy. Shaping your character is what you are supposed to do with your education; it’s not competing with something else. You won’t have many other periods in your life that will be this way until you retire when, if you are fortunate, you’ll have another chance; but then you will be more set in your ways, and may find it harder to change.
Keohane also turns to Hannah Arendt for advice. She writes:
In the fifth chapter of her powerful work of political philosophy, The Human Condition, Hannah Arendt discusses the connections between individuals and political communities. She notes that each human being is “distinguished from any other who is, was, and ever will be”—which is a vivid way of thinking about selfhood. Yet precisely because each of us is a distinct individual, we need speech and action to communicate; I cannot just sense instinctively what somewhat else is thinking. In speaking and acting, we “disclose ourselves” and thus expose ourselves to possible misunderstanding or exploitation by others, but also to the rich possibilities of communication.
Speech and action, in Arendt’s sense, cannot exist in isolation; they are meaningful only within human relationships. By the same token, “human nature”—as distinct from our more animal qualities—depends precisely on our capacity for speech and action: it is in fact through speech and action that each of us constitutes our self. This is Arendt’s distinctive contribution to our discussion of self-fashioning: the self is created not by each of us as individuals in isolation, but through the activities we share with other human beings—language, creativity, striving, politics. If your goal is to fashion a worthwhile self, you should be mindful of your surroundings and choose companions and activities that will give you opportunities to develop your language, creativity, striving, and politics in more depth.
Keohane is right that Arendt understands the fashioning of our public selves to take place through speech and action with others. The self that is created as a public self—the self that is spoken of in the public sphere—is created through the activities we share with other human beings.
At the same time, Arendt is clear that the emergence into public life of a unique self must be nurtured in the private realm. This is especially true for children, who must be protected against the public world. Children, she writes, “must be protected against the world,” which is why the child’s “traditional place is in the family, whose adult members daily return back from the outside world and withdraw into the security of private life within four walls.” Education, Arendt insists, is not an activity of the public sphere and the world, but requires a “secure place, without which no living being can thrive.” For Arendt, children must develop outside the “merciless glare of the public realm.” Only then can they develop individually and uniquely into plural and independent persons. In order that there be a public world of plurality, we need a private world of solitude and darkness. “Everything that lives,” Arendt writes, “emerges from darkness and, however strong its natural tendency to thrust itself into the light, it nevertheless needs the security of darkness to grow at all.”
Keohane too embraces the importance of solitude in education, arguing that a reflective education must have a double aspect, looking both inwards in solitude and outwards towards society. She enlists Thoreau and Montaigne in the defense of solitude, even as she insists that a liberal arts education has, in the end, “education for citizenship.”
At a time when democracy is passionately sought by people in countries around the world, and countries that have long enjoyed democracy are struggling to sustain it against multiple pressures, education for citizenship is one of the most powerful arguments for a liberal-arts education.
What Arendt argues, however, is that what makes education supportive of citizenship is precisely its inculcation of the virtues of solitude. Only the person who knows himself and thinks for himself and thus is inured to the sway of society and social pressures is, in Emerson’s words, qualified to enter the public forum.
Precisely this question of what does it mean to educate citizens today, and how we are to respond to the crisis of apathetic yet educated citizens, underlies the upcoming Arendt Center Conference: Failing Fast: The Educated Citizen in Crisis. The Conference takes place Oct. 3-4 at Bard College. And is open to the public. For now, take a look at Keohane’s speech. It is your weekend read.
“One feels very lonely in this country; this has to do in particular with the fact that everyone is very busy and that for most people the need for leisure simply ceases to exist after a certain amount of time.”
- Hannah Arendt to Gershom Scholem, November 4, 1943
Hannah Arendt had lived for a year and a half in the United States when she noted in a letter to her friend Gershom Scholem: “One feels very lonely in this country; this has to do in particular with the fact that everyone is very busy and that for most people the need for leisure simply ceases to exist after a certain amount of time.”
This entails, Arendt continues, a certain attitude of “permanent absence (by which I mean ‘absent-mindedness’), rendering human contact between people to be very difficult.” Scholem, who received Arendt’s letter from New York in Jerusalem, was familiar with this phenomenon. “All my friends in the U.S. are muted by this ‘public isolation’,” hence communicating with them became very difficult, he writes in December 1943, “unfortunately you are not an exception in that regard.”
Scholem’s response is noteworthy, for he addresses the political implication of Arendt’s (self-) observation. In general, being busy and leading a public life is not a contradiction. “One can be occupied by his daily work, and when this period of work in the private realm of a factory or an office space has ended, one can enter the public sphere by being a citizen – or a friend” (Jerome Kohn). Arendt had a political understanding of friendship; for her, friendship consists of the world that appears between friends who are diverse and embody plurality rather than an imagined or imposed ‘unity’. In a state of “absent-mindedness” though, one cannot be in public, nor political, nor with friends in a meaningful way.
The problem starts with the absent need for “leisure,” Arendt states. In her letter to Scholem she uses a particular (untranslatable) German term for leisure: “Musse,” which is the German version of the Latin concept of otium. It denotes the free time I have for contemplation when I’m not busy (opposed to neg-otium, the time when I’m not free for contemplation, i.e. when I’m busy).
The term “Musse” that Arendt uses also appears in the title “Musse und Müssiggang” (Leisure and Idleness) of section no. 329 in Nietzsche’s Gay Science. Nietzsche, who is not known for having great interest in the New World, in this very passage talks explicitly about America, and in particular about the Americans’ “distinctive vice”: “the breathless haste with which they work,” so that “one no longer has time or energy […] for otium at all.” Arendt read this passage thoroughly: her private (German) copy of Nietzsche’s Gay Science has marked up not only this sentence, but shows underlinings and marginalia throughout the entire entry on “Leisure and Idleness.”
One would think with a watch in one’s hand, Nietzsche continues in his depiction of America’s oblivious take on “Musse,” and the common principle "Rather do anything rather than nothing," would throttle all culture and good taste. In effect, all forms and “the feeling for form itself, the ear and eye for the melody of movements” were visibly perishing because of the haste of the busy people. Before the takeover of the protestant work ethic, it actually was ‘busy action’ that suffered from a bad consciousness, Nietzsche recalls, and Arendt underlined the related sentence: “the desire for enjoyment already calls itself ‘need of recreation,’ and even begins to be ashamed of itself.”
Arendt’s underlining, with regard to her letter to Scholem, outlines – at a very early stage – her larger political and theoretical project: the modern problem of world-alienation and its threat to the human faculty of judgment.
Thinking needs solitude, according to Arendt, not loneliness or isolation (another distinction inspired by Nietzsche).
World-alienated loneliness or isolation precludes the thinker from the common world; yet, out of the state of solitude he can reenter it once he has ended his act of thinking. Judging relates abstract thoughts back to the world by giving them a concrete form perceivable and disputable in public, in company with others. Absent-mindedness is oblivious of this company. That’s why the perished “feeling for form itself,” deriving from a common lack of “Musse,” may entail a crisis of political judgment: in other words, a disconnection between vita contemplative and the public sphere. Nietzsche, in the passage intensely marked by Arendt, offers a form of counteracting this disconnect: “to take a stroll with thoughts and friends.”
Hannah Arendt spoke of having acquired, through her life, a "love of the world." When writing about education she argues that "education is the point at which we decide whether we love the world enough to assume responsibility for it." And in politics, she insists, we must care for and love the world more than oneself. What then is the world?
The world is related to human making and to the things and artifacts that human beings make. What defines the things of a world is that those things gather individuals together.
In the public realm, a politician is that person who speaks and acts in such a way that those around him come to see those institutions and values that they share and treasure. The common world is the world that emerges when a plurality of people bind themselves to stories, traditions, institutions, rituals, and practices that they share and that they love. Like a table that unites those who sit around it in a common conversation or feast, the common world brings different people together. It stands between them, both joining and separating them.
In the private realm, a world is founded in property, and property has an essential role in the public realm too. For property is what one owns, what is proper to one, and thus defines one over against others in the common world. Property provides the boundaries between people and also serves as the boundary between the commonality of the public realm and the uniqueness of the private realm. It is no accident that original Greek word for law, nemein, also means to distribute and to possess, as well as to dwell. Property, in English, also names the laws of propriety, what is right and given to each.
In both the public and the private realms the world consists of things that endure. Worldly things must not only be common. They must also last. Since we must love the world more than our own lives—since we must be willing to pursue the world as an ideal and sacrifice ourselves to the glory and good of the world we share with others—the world must offer us the promise of permanence and thus immortality.
How are to understand the worldly conditions of permanence and immortality? We might ask: What is a house?
This is one of the many questions at issue in Jonathan Franzen's essay "House For Sale," about his return to his mother's house in Webster Grove, Missouri to sell the house after her death. Here is how Franzen describes his mother's house.
This was the house where, five days a month for ten month, while my brothers and I were going about our coastal lives, she had come home alone from chemotherapy and crawled into bed. The house from which, a year after that, in early June, she had called me in New York and said she was returning to the hospital for more exploratory surgery, and then had broken down in tears and apologized for being such a disappointment to everyone and giving us more bad news. The house where, a week after her surgeon had shaken his head bitterly and sewn her abdomen back up, she'd grilled her most trusted daughter-in-law on the idea of the afterlife, and my sister-in-law had confessed that, in point of sheer logistics, the idea seemed to her pretty far-fetched, and my mother, agreeing with her, had then, as it were, put a check beside the item "Decide about the afterlife" and continued down her to-do list in her usual pragmatic way, addressing other tasks that her decision had rendered more urgent than ever, such as "Invite best friends over one by one and say goodbye to them forever." This was the house from which, on a Saturday morning in July, my brother Bob had driven her to her hairdresser, who was Vietnamese and affordable and who greeted her with the words "Oh, Mrs. Fran, Mrs. Fan, you look terrible," and to which she'd returned, an hour later, to complete her makeover, because she was spending long-hoarded frequent-flyer miles on two first-class tickets, and first-class travel was an occasion for looking her best, which also translated into feeling her best; she came down from her bedroom dressed for first class, said goodbye to her sister, who had traveled from New York to ensure that the house would not be empty when my mother walked away from it—that someone would be left behind—and then went to the airport with my brother and flew to the Pacific Northwest for the rest of her life. Her house, being a house, was enough slower in its dying to be a zone of comfort to my mother, who needed something larger than herself to hold on to but didn't believe in supernatural beings. Her home was the heavy (but not infinitely heavy) and sturdy (but not everlasting) God that she'd loved and served and been sustained by, and my aunt had done a very smart thing by coming when she did.
Franzen offers us a house in many valences.
It was where his mother lived. Where she was sick. Where she thought about dying and God. Where she recovered from surgery and made herself up. Above all, it was his mother's house. Later he writes that the house was "my mother's novel, the concrete story she told about herself." In this house she "pondered the arrangement of paintings on a wall like a writer pondering commas." It was a house in which she showed herself. It was thus an invitation. And "she wanted you to want to stay."
The problem is that Franzen does not want to stay in his mother's house. He grew up in the house, but he resents it. The house his mother made, was filled with "sturdy and well made" furniture that "my brothers and I couldn't make ourselves want." He has fled the house and returns only to remove those photos that for his mother made the house hers, to act like a conqueror, he admits, and repossess the house from his mother. But only to then sell it.
If Mrs. Fanzen's house is her novel and if it was a house in which she both concealed and showed herself, her son's house in NYC is something else entirely. Here is how Franzen describes his own dwelling place:
I now owned a nice apartment on East Eighty-first Street. Walking in the door, after two months in California, I had the sensation of walking into somebody else's apartment. The guy who lived here was apparently a prosperous middle-aged Manhattanite with the sort of life I'd spent my thirties envying from afar, vaguely disdaining, and finally being defeated in my attempts to imagine my way into. How odd that I now had the keys to this guy's apartment.
House for sale is, amongst other themes like the loss of religion, the loss of family, and the loss of the American middle class, about the loss of the American house. It is also therefore, in an Arendtian vein, a story about the loss of our world, the property that both hides and nurtures our souls and separates and distinguishes us from our fellow citizens. Denuded of our habitus and property, we are defenseless against the conformity of society. Without desks and bookshelves passed down over generations that fit us, over and against our choices, into a private world, we are consumers who build a temporary bulwark whether styled by Ikea or the local antique store. Such a house is not meant to last and to be passed down across the generations. It will be used and, eventually, sold or walked away from. With nothing that defines us in a lasting and immortal vein, our lives have no depth or meaning beyond our accomplishments. There is no weight or law that claims us and obligates. We are free, but free, unsure why we are here or what it all means.
I recently encountered Jonathan Franzen's essay within an extraordinary theatrical experience. The play "House For Sale" is based on his essay by the same name.
It has been adapted for the stage by Daniel Fish. I have now been to see it twice. The play is hilarious, brutal, and shattering. It makes Franzen's essay come alive in ways miraculous and uplifting. The final scene itself is worth dropping every plan you have, flying to NYC, and rushing to the Duke Theatre on 42nd St. to catch it. I can't recommend this highly enough. But hurry, it is playing for only a few more performances. You can buy tickets here.
Or, if you simply can't get to NYC, buy The Discomfort Zone, Franzen's book of essays in which "House For Sale" originally appeared. It is your weekend read.
How do our understandings of democracy shape how we imagine racial equality and the means by which it might be achieved? That was the question posed by Maribel Morey at the most recent lunchtime talk at the Arendt Center. Morey is currently a fellow at the New York University School of Law, and she has recently completed her dissertation in the Department of History at Princeton University. Building upon her research on the Swedish economist and social theorist Gunnar Myrdal, Morey offered an incisive comparative reading of Myrdal’s book An American Dilemma (1944) and Hannah Arendt’s essay “Reflections on Little Rock” (1959).
As became evident in the course of her talk, these texts posit different visions of democracy in the U.S., and they come to different conclusions about a central feature of the civil rights era: the federally enforced integration of public schools in the segregated South.
Myrdal was a strong advocate of such government intervention. In his argument, the premises and principles of American democracy effectively demand the racial integration of schools and other institutions, and it is legitimate for the federal government to enforce such integration for the sake of America’s ongoing democratic life. This position insists that education constitutes a crucial public resource provided by the state, and it proposes that inequitable access to this resource limits individual and collective participation in the political realm. Indeed, Myrdal goes even further by contending that discrimination and segregation violate the very “American creed”—the liberal commitment to equality and fair treatment—that makes national co-existence possible. Since its initial publication, Myrdal’s position has exerted a deep influence on U.S. public discourse: it played a key role in civil rights activism in the 1950s and ‘60s, and it figured prominently in the Supreme Court’s Brown vs. Board of Education decision.
Arendt was also committed to the project of political equality in the U.S., but she parts ways with Myrdal by sharply questioning the legitimacy of federally enforced integration. On the one hand, she objects to this form of intervention because it “burden[s] children, black and white, with the working out of a problem which adults for generations have confessed themselves unable to solve”. Government-mandated integration thereby inserts young people into a political struggle for which they are not prepared and to which they do not properly belong. On the other hand, Arendt takes issue with the way that federally mandated integration transgresses the boundaries that ought to be maintained between the realms of political, social, and private life.
These boundaries are necessary, in Arendt’s argument, because polity, society, and privacy are defined by different animating principles. Politics is defined by the principle of equality: all adult citizens enjoy the same right to vote and be voted into office, and no differences should exist in their ability to participate in the polity. By contrast, the social realm is characterized by the principle of discrimination: social relations follow the adage “like attracts like,” according to Arendt, and individuals are therefore entitled to associate—and not associate—with others along the lines of profession, class origin, ethnicity, level of education, and other vectors of difference. Finally, the private realm is defined by the principle of exclusiveness: individuals choose the people with whom they will spend their lives on the basis of those people’s unique qualities, and the government should and indeed must assure “the rights of every person to do as he pleases within the four wall of his own home.”
Arendt charges that state action in the service of racial integration is acceptable when it attacks the legal enforcement of discrimination in the political realm. One of her key differences with Myrdal, however, lies in the fact that she does not regard the education provided by the school as necessary for political participation. Indeed, she does not ultimately consider the school to be a “political” institution at all. To be sure, the state has the right to prescribe educational content that will prepare children for future work and citizenship. But in Arendt’s argument government cannot dictate the forms of association and social life that emerge in school, and it cannot infringe on parents’ rights to bring up their children as they deem appropriate. These points lead her to a rather provocative conclusion: “to force parents to send their children to an integrated school against their will means to deprive them of rights which clearly belong to them in all free societies—the private right over their children and the social right to free association.”
As Roger Berkowitz writes in his essay "Solitude and the Activity of Thinking," Arendt's argument is grounded on her belief that a vibrant private realm is a constitutive need of a free political society. Without a strong protection of the private realm where people can grow to be different, unique, and self-thinkers, there will be no true plurality, which is the condition for action and politics. The price for plurality, she writes, is that we allow for people to live freely in private. It is for this reason that Arendt argues against anti-miscegenation law and why she would insist on the right to gay marriage. For Arendt, there is nothing more constitutive of privacy than the right to raise one's children as one wishes. For the state to forcefully require parents to send their children to a specific kinds of school means, she writes, that there would be no meaningful realm of privacy left—which would endanger the plurality she understands is the pre-condition of politics. As Berkowitz writes:
What offends Arendt in the Little Rock case is not the ideal of desegregation, but the danger that well-intentioned governmental attacks on social discrimination will erode the walls of privacy that nourish the possibility of thinking and of acting—and thus of plurality. Since the space for solitary thought depends on the protection of a vibrant private realm, the protection of privacy is a necessary first step in the cultivation of thoughtful political action.
Given the controversial nature of Arendt’s position, it should come as no surprise that much of the discussion turned on the questions her essay leaves unanswered. For example, many audience members wondered about the connections between private upbringing, social discrimination, and political equality. What is it that enables or requires citizens to forego the discrimination they practice in social life so that they might recognize other citizens as equals?
For that matter, how is it possible for people to transcend those aspects of their familial socialization that might hinder them from participating in politics without prejudice?
Other listeners focused on the two writers’ divergent intellectual predilections. As several of them noted, Myrdal’s work reveals a basic confidence in the ability of government, working in tandem with enlightened social science, to conceive and implement policies that further democratic freedoms. Arendt, on the other hand, betrays a much more skeptical stance not only on power of the state, but also on the capacity of social scientists (like Myrdal) to guide productive social and political interventions.
Finally, discussion turned to one point where Arendt, despite the contentious nature of her remarks, might be developing a more interesting view of democratic societies than Myrdal. As Morey noted in the Q and A, Myrdal’s reflections on democracy are ultimately premised on the existence of a national Volk defined by broad moral and cultural commonality. Prejudice and discrimination are pernicious, in his reading, because they prevent racial minorities from complete integration into the nation and its defining sense of peoplehood. Arendt’s vision, by contrast, adopts a much more guarded stance toward “conformism” of this sort. Indeed, “Reflections on Little Rock” proposes that people have a strong right to their opinions and sentiments in the private and social realms, even when those opinions and sentiments are deeply unpalatable in the wider public sphere and polity. As a result, Arendt’s notion of democracy appears to allow much greater room for the existence and maintenance of difference.
On the whole, then, Morey’s talk cast thoughtful light on the work of these two thinkers. It sought neither to venerate nor to dismiss their claims wholesale, but instead probed the many differences in their starting points and claims. In the end, Myrdal and Arendt’s positions seemed so divergent that it was hard not to regard them as “two ships passing in the night”—despite their common abhorrence of racial segregation.
You can view Maribel Morey's talk and the ensuing discussion on the Hannah Arendt Center website, here.
Maribel Morey's essay, "Reassessing Hannah Arendt's 'Reflections on Little Rock' (1959)" was published in the Journal of Law, Culture, and the Humanities. You can sign in with a password to read the article here.
A German Court this week declared that circumcision is illegal. The court decided that the time immemorial Jewish law—the mark of a Jewish boy's covenant with God—is an inhumane act that does "grievous bodily harm" to young Jews and Muslims (the case actually originated when the parents of a four-year-old Muslim boy had him circumcised). But the Court's ruling went further. According to Der Spiegel:
The court ruled that the child's right to physical integrity is more important than the parent's basic rights. The ruling stated that a mother's or father's right to freedom of religion as well as their right to determining how they raise their child would not be limited if they were forced to wait and allow their child to decide for himself if he wanted to be circumcised. The ruling states a child's right to self-determination should come first.
The regional court in Cologne, Germany, held that the "fundamental right of the child to bodily integrity outweighed the fundamental rights of the parents." You can read about the decision here.
This is an amazing decision for many reasons, not the least of which is that a court in Germany has basically said that Jewish and Muslim families do not have a right to practice their religious obligations, which for Jews include the requirement of circumcision as a mark of their covenant with God. A Jewish father who does not circumcise his son on the 8th day after birth is in violation of basic Jewish commandments. This prohibition on what is a fundamental matter of Jewish law and practice is especially shocking given Germany's history.
The blogosphere has erupted over the anti-Jewish and anti-Muslim implications of the decision, even as the U.S. mainstream press has ignored it. You can find a helpful and typically smart recap of the dispute over at ViaMeadia.
Beyond the questions of antisemitism and Islamophobia, the decision to outlaw circumcision reveals the frequently overlooked conflict between human rights and the basic rights of privacy. The German court's decision imagines the parental rights to practice religion as a right to privacy—to determine how to raise their child. Against this right it balances the child's human right to bodily integrity. And the court decides the matter on the side of human rights over the right of privacy.
This conflict between human rights and privacy recalls Hannah Arendt's essay "Reflections on Little Rock." Arendt's essay on the school desegregation controversy has been roundly criticized. It has been less well understood. Arendt's argument against forced-federal desegregation turns on her worry about the private realm. She makes four arguments:
1. Arendt is in favor of politically invalidating all laws supporting segregation.
2. She is against forced desegregation of social discrimination that in places such as vacation spots, which she argues are not relevant to the public life. In such spaces, integration may be desirable, but it is not publicly necessary.
3. She supports forced desegregation of social worlds that are publicly necessary (buses and hotels in business districts). Schools would of course usually fit here.
4. But Arendt is against forced integration of schools. Schools are different. Why? Because education is a question of how a parent raises his or her children, and this is the quintessential private right.
Arendt's rejection of forced school integration was not based on a social defense of all discrimination since she clearly thinks that some kinds of discrimination are subject to forced integration. Instead, her rejection of forced school integration is based on her insistence on the need to preserve private rights. For many, her argument does not take seriously enough the public role of education. But Arendt insisted that education must be seen as part of the private sphere.
For Arendt, there is no more basic private right than the right to raise one's children as one sees fit. Since education of one's children is the quintessential private right, Arendt reasons that to deprive people of such a right is to eradicate the very idea of an inviolable sphere of the private realm. If we can tell people how to educate their children, what can't we tell them about how to live their private lives?
Arendt clearly understands education as a private practice. It is in this sense similar to the rights of religious practice and circumcision that, likewise, go to the fundamental authority of parents to raise their children as they see fit. It is important to be vigilant against the rise of antisemitism and Islamophobia, and those who have been critical of the German Court's decision are right. But there is a more pressing threat that this decision raises, which is the desire to continually restrict or eviscerate the realm of the private in the name of humane and efficient regulation.
Private rights are deeply important. It is in the private realm where young people grow up and are led into the world by parents, teachers, and friends. If we value plurality, difference, and individuality, it is essential that we protect the private realm—that world in which individuals are formed in their singularity and uniqueness. As well meaning as human rights advocates may be, they are antagonistic to the private realm. They will forever seek to impose a world of humane conformity at the expense of the singularity suffering. This is the tension that Arendt provokes us to consider.
It is in such conflicts between the private and the social realms that Arendt takes her stand against the social conformity of the regulatory state. She makes fine distinctions that are too frequently overlooked. Thus, she defends the absolute right of mixed marriage (and also by extension gay marriage) as important rights to live privately and uniquely—since these are rights to live privately as one wishes. It is justified for the federal government to overturn discriminatory anti-miscegenation laws. She rejects federal intervention to combat discrimination in vacation spots, but supports such a federal role in matters of buses, hotels and business districts. But she would surely not defend the federal imposition of the right to bodily integrity when it interferes with the right to raise one's child as one wants.
Reading Arendt reminds us that the real controversy in the German Court's decision is less about antisemitism (although it is about that too) and more about the danger that a human rights agenda seeking to eradicate suffering poses to freedom and meaningful difference. It is easy (and right) to get riled up about antisemitism. It is also fairly easy (and right) to speak up for the right to circumcise one's children for religious reasons. What is more difficult, and thus even more necessary, is defending private and often unpopular uniqueness from the social conformism of those who would eradicate suffering in the name of human rights.
There is no more clear-headed articulations of the need for a private sphere of uniqueness than Hannah Arendt's essay "Reflections on Little Rock." It is, this fourth of July weekend, your weekend read.