Dear Valued Supporters,
We live in a time marked by dangerous levels of political cynicism. And yet, there is a palpable yearning to rise above partisanship, a will to articulate and pursue public goods. We saw this in the support for whistleblowers like Edward Snowden and also in the popularity of Rand Paul's filibuster opposing the government's targeted killing of American citizens. We feel it in our disappointment at anemic voter turnout and in our disgust at the corruption of American democracy. And we witnessed it at our seventh annual conference "The Unmaking of Americans: Are There Still American Values Worth Fighting for," where speakers from Charles Murray to George Packer, from Lawrence Lessig to Kendall Thomas, came together to think about those ideals that still inspire and unite Americans to sacrifice for a common dream.
The after effects of Super-storm Sandy are felt from the beaches to the statehouses. First of all, let’s realize it was not a hurricane, but a freakish combination of storm systems. Super-storm is more truthful than hurricane. Whatever it was, it has upended lives, and politics.
The Financial Times reports today that Governor Chris Christie of New Jersey has now joined NY Governor Andrew Cuomo in requesting not only emergency aid to repair the damage caused by the storm, but also preventative money to build dunes, use eminent domain to purchase property, and generally re-engineer the New Jersey coastline.
The political transformation here is lost on few. As the FT writes:
Mr. Christie, a Republican, has previously sounded more skeptical than Mr. Cuomo, a Democrat, about using state powers to dictate how the state was rebuilt. But he said on Wednesday he might take away local towns’ power to grant “easements” to homeowners objecting to new dunes blocking their sea views and would not rule out using government powers to purchase properties it believed were in the wrong place.
“I have to protect the Jersey shore, both as an economic engine and as a cultural engine,” Mr. Christie said.
The desire to take away local powers and give them to states and to take away state powers and give them to the federal government is neither a democratic nor a republican idea anymore. While the party of the elephant may give lip service to local governance, it has rarely, if ever, backed that up with action. As is now well known, the federal government has grown as fast if not faster under Republican Presidents than it has under democratic.
Hannah Arendt argued that the greatest danger to freedom in the United States was the rise of a large and bureaucratic government. She worried, as she once wrote, that the true threat to freedom was the sheer size of America alongside the rise of a technocracy. The sheer size of the country combined with the rising bureaucracy threatened to swallow the love for freedom she saw as the potent core of American civic life.
Chris Christie and Andrew Cuomo may well be their respective parties’ nominees for President in 2016. They are both deeply popular and have taken a pragmatic and largely centrist approach to governing at a time of financial crisis and natural disaster. And yet, from an Arendtian angle, it is striking that both governors have so internalized the view that problems are to be solved by bureaucrats and technocrats rather than on a local level.
That the bureaucratic approach is so entrenched should not be a surprise. It is both a consequence of a further spur to the retreat from politics that Hannah Arendt describes. Even Christie’s insistence that he must save the Jersey shore as an economic engine shows the near complete victory of economic thinking over politics.
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.
The copyright conflict between the internet community and the entertainment industry escalated recently when some of the most visited sites on the web flexed their muscle by spearheading a campaign to kill the two bills which started the trouble. The bills have been shelved, thanks to the participation of most of the major social media websites and search engines in a twenty-four-hour blackout (including Wikipedia, Google, Reddit, Tumblr, Mozilla, among many others) – but what does such a “victory” mean?
Just days after most support had been pulled from the bills in both houses, the founder of file-sharing site Megaupload, Kim Dotcom (born Kim Schmitz, but had his name legally changed around 2005), was arrested in New Zealand and is facing extradition to the US due to alleged piracy charges, along with at least three of his closest associates. This may come as a surprise to those who argued that these bills were necessary to stop intellectual property theft. As Bill Keller explains in a recent Op-Ed piece in the Times, “The central purpose of the legislation — rather lost in the rhetorical cross fire and press coverage — was to extend the copyright laws that already protect content creators in the U.S. to offshore havens where the most egregious pirates have set up shop.” And yet, even without the new laws, Dotcom and his cohorts were arrested on US government orders.
It is helpful to go back to basics and try to understand the thinking behind the protection of intellectual property. Why, in other words, is it necessary to arrest someone like Dotcom, who merely makes content available to a wide and interested audience?
One attempt to answer that question is Mark Helprin's Digital Barbarism, an impassioned, literary, and philosophical defense of copyright on the internet. Known best for his novels, most memorably Winter's Tale, Helprin puts forth a philosophical and humanist argument in favor of copyright. At root, copyright is necessary as the “guarantor” or “coefficient” of liberty itself.
That property is at the essence of liberty is an idea that has its roots deep in liberal thinking. Property, from the root proper or propriety, is what is right and most my own. Who I am includes the character I possess, what defines me. This includes as well the way I live and the things I choose to own. Ownership, in other words, concerns what is my own, and who I am.
Our love for and defense for our property is not simply economic. It is a matter of identity and existence. Pace Helprin:
Property is to be defended proudly rather than disavowed with shame. Even if for some it is only a matter of luck or birth, for the vast majority it is the store of sacrifice, time, effort, and even, sometimes, love. It is, despite the privileged inexperience of some who do not understand, an all-too-accurate index of liberty and life. To trifle with it is to trifle with someone's existence, and as anyone who tries will find out, this is not so easy. Nor has it ever been. Nor should it ever be.
The copyright battle is less about economics, in Helprin's telling, than about freedom. Unlike some proponents of free market ideology, he does not advocate the absence of limits on freedom. In his words (which remind us of Helprin's artistry):
Nothing is entirely free, not even an electron (hardly an electron) or an atom floating in the inaccurately named vacuum of space. Everything that exists is subject to the pull or constraint of something else.
The point is not to reject all limits on property, but to insist upon a balance—one that Helprin thinks today is too far weighted toward disrespect for property.
He makes his argument in the context of taxation. Opposing both extreme positions of liberals (who find it cruel and inexplicable that someone would want to set limits before every mouth is fed and every cry comforted") and conservatives (who "find it deeply alarming that anyone can fail to recognize the danger of pressing ahead in the absence of limits"), Helprin insists that we at least honestly recognize that taxation has a non-material cost: taxation, to some extent, "extinguishes liberty."
In other words, taking someone's property is, in itself, wrong. There may be reason's do to so, and there is no absolute right to one's property. Society demands limits and some takings. But such decisions should be made with an appreciation that these takings are meaningful intrusions on individual liberty. This is Helprin's core point and it is one that I believe is rarely made and even more rarely considered.
To illustrate his claim about the imposition involved in all takings, Helprin calls on the common (and these days volatile) theme of income tax. Taxes, while necessary, are infringements on freedom (not simply on income). If the state compels Cyril “to surrender half his income” in an effort to provide for those who cannot provide for themselves, then Cyril is “laboring for the state during half his working life,” and not for himself. Helprin likens such disenfranchisement to slavery. This seems excessive. As far as I can tell, Helprin employs the analogy because he wants to shock us into seeing just how we have come to naturally accept the fact that it is normal for the majority to take property from the minority. In his account, just as the slave owner “presumes that the labor of his slaves belongs to him…that whatever they make is rightfully his,” so does the state, when it requires its citizens to pay a tax on the income generated by their own labor, operate under the assumption that it is entitled to decide the ultimate use of such labor.
The comparison of taxation to slavery is over the top, sure. But there is a point Helprin makes that is important:
Anyone who blithely recommends expropriation as a means of "economic justice" should first divest himself of most of what he has and give it to those who have less — and there are certain to be those who have less and are greatly afflicted for it. We tend to look up rather than at ourselves when surrendering to such passions of righteousness. The assault on copyright is a species of this, based on the infantile presumption that a feeling of justice and indignation gives one a right to the work, property, and time (those are very often significantly equivalent) of others, and that this, whether harbored at the ready or expressed in action, is noble and fair.
Which is why the question of Kim Dotcom’s arrest is central. According to Helprin’s explanation, Dotcom's websites and others like them blithely engage not just in economic exploitation of writers and artists, but do so without seriously considering the injustice involved in their depriving others of their sense of ownership in what they create. One can disagree. To do so, you must think that our societal right to read your essay or hear your song trumps your right to sell that song (or not) to whomever you wish.
For your weekend read, buy a copy of Helprin's Digital Barbarism, and give it a read. Or, read a chapter that Helprin has, freely, made available on the web.