The jury trial is, as Alexis de Tocqueville understood, one essential incubator of American democracy. The jury trial is the only space in which most people will ever be forced to sit in judgment of their fellow citizens and declare them innocent or guilty; or, in a civil trial, to judge whether one party’s wrong requires compensation. The experience of being a juror, Tocqueville saw, inculcates in all citizens the habits of mind of the judge; it “spreads to all classes respect for the thing judged and the idea of right.” Juries, he wrote, are “one of the most efficacious means society can make use of for the education of the people.”
If the experience of sitting in judgment as a juror is a bulwark of our democratic freedoms, we should be worried. As Albert W. Dzur writes, the jury trial, once the “standard way Americans handled criminal cases,” is now largely absent from the legal system. The jury trial “has been supplanted by plea agreements, settlements, summary judgments, and other non-trial forums that are usually more efficient and cost-effective in the short term. In addition to cost and efficiency, justice officials worry about juror competence in the face of scientific and technical evidence and expert testimony, further diminishing the opportunity for everyday people to serve.”
Dzur offers a clear case for the disappearance of the jury trial:
[J]uries in the United States today hear a small fraction of cases. In 2005 the Bureau of Justice Statistics reported that juries heard 4 percent of all alleged criminal offenses brought before federal courts. State courts match this trend. Legal scholars Brian J. Ostrom, Shauna M. Strickland, and Paula L. Hannaford-Agor discovered a 15 percent decline in total criminal jury trials in state courts over the last 30 years, compared with a 10 percent decline in criminal bench trials, in which a judge issues the verdict. They also found a 44 percent decline in civil jury trials compared with a 21 percent decline in civil bench trials.
So what does the retreat of Jury trials signify? For Dzur, the answer is that the jury system is an important part of our justice system because it performs a “constructive moral function,” by which he means that juries “force widespread sobriety about the real world of law and order.” Juries can challenge “official and lay attitudes regarding the law. This sobering quality of juries is particularly needed now.” Here is how Dzur characterizes more fully the “sobering quality of juries”:
A juror treats human beings attentively even while embedded within an institution that privileges rationalized procedures. Not advocates, prosecutors, or judges, jurors are independent of court processes and organizational norms while also being charged with judicial responsibility of the highest order. Their presence helps close the social distance between the parties and the court. The juror, who contributes to what is a political, juridical, and moral decision, becomes attuned to others in a way that triggers responsibility for them. Burns notes how jurors’ “intense encounter with the evidence” helps them engage in self-criticism of the “overgeneralized scripts” about crime and criminal offenders they may have brought with them into the courtroom.
In other words, juries are institutional spaces where citizens have the time to attentively consider fundamental moral and legal questions outside of the limelight and sequestered from public opinion, government pressure, and the media circus. Since juries are the institutions where we practice moral judgment, Dzur argues that the loss of juries means that “we are out of practice. Lay citizens no longer have opportunities to play decisive roles in our justice system.”
The recent jury decision in the George Zimmerman case is an example of a jury resisting popular calls for guilt and making a sober judgment that the facts of the case were simply not proven beyond a reasonable doubt. Juries can also resist the government, as might happen if Edward Snowden would return to the United States and put himself on trial before a jury. Such a jury could, and very well might, exonerate Snowden, exercising its fundamental right of jury nullification in the interest of justice. Snowden’s refusal to return is, in some part, a result of the diminished practice of moral judgment reflected in the diminishment of the jury.
Jury judgments are at times surprising and can, in extraordinary cases, go against the letter of the law. But the unpredictability of jury verdicts makes them neither irrational nor thoughtless. They are often intolerant and unfair, but this makes them neither racist nor unjust. Amidst the unquestioned hatred of all discrimination, we have forgotten that discrimination, the art of making relevant distinctions, is actually the root of judging. In our passion for rationality and fairness, we sacrifice judgment, and with judgment, we abandon our sense of justice.
What acts of judgment exemplified by juries offer are an ideal of justice beyond the law. Plato called it the idea of the good. Kant named it the categorical imperative. Arendt thought that judgment appealed to common sense, “that sense which fits us into a community with others.” What all three understood is that if morality and a life lived together with others is to persist, we need judgments that would invoke and actualize that common moral sense, that would keep alive the sense of justice.
For your weekend read, take a look at Dzur’s report on the loss of the juries. Also, you might revisit my own essay on this theme, “Why We Must Judge,” originally published in Democracy: A Journal of Ideas.
Hannah Arendt’s life and work defy easy categorization, so I tend to be skeptical when a writer tries to encapsulate her oeuvre in a few catchwords. After all, previous efforts at concise assessment have typically led to reductive if not tendentious misreadings. So I was both pleased and surprised by sociologist Natan Sznaider’s book Jewish Memory and the Cosmopolitan Order (2011), which sharpens our understanding of Arendt’s thought by locating her within a specific historical milieu and intellectual genealogy. Briefly put, Sznaider portrays Arendt as both a Jewish and a cosmopolitan thinker, one whose arguments strike a fine balance between the particular and the universal.
This formulation obviously raises questions about Sznaider’s conception of key terms, including “Jewish” and “cosmopolitan.” With regard to the former, he contends that Arendt should be grasped as a Jewish thinker because she was intimately involved in the political debate and activity that defined Jewish life in the years before and after the Holocaust. As Sznaider notes, Arendt defined her Jewishness first and foremost as “a political stance”. She participated in Zionist mobilization when she still lived in Germany and in the founding of the World Jewish Congress during her time in Paris. She retrieved Jewish books, manuscripts, and other artifacts from Europe in her work for Jewish Cultural Reconstruction. She spoke and wrote as a Jew when she discussed the nature of guilt, responsibility, and memory after the destruction of European Jewry. And, of course, she stirred controversy in American, German, and Israeli circles for her portrayal of Eichmann and her sharp criticisms of Europe’s Jewish leadership. Sznaider convincingly argues that Arendt’s politics, molded in the heat of twentieth-century Jewish activism, left a deep imprint on her political theory. Without grasping her specific engagements as a Jew, he insists, we cannot comprehend her more general pronouncements on rights, totalitarianism, and a host of other topics.
This point has important implications for Sznaider’s conception of cosmopolitanism. In his view, cosmopolitanism
combines appreciation of difference and diversity with efforts to conceive of new democratic forms of political rule beyond the nation-state…. It neither orders differences hierarchically nor dissolves them, but accepts them as such—indeed, invests them with positive value. It is sensitive to historic cultural particularities, respecting the specific dignity and burden of a group, a people, a culture, a religion. Cosmopolitanism affirms what is excluded both by hierarchical difference and by universal equality—namely, perceiving others as different and at the same time equal.
Sznaider’s rendering fits comfortably within recent discussions of “rooted” and “vernacular” cosmopolitanism. He insists that people only create and live forms of worldliness on the basis of their particular experiences, histories, and identities. He thereby distinguishes cosmopolitanism from “universalist” modes of thought, which in his understanding treat people as abstract individuals and do not recognize their specific attachments. Sznaider identifies universalist impulses in a number of intellectual and ideological movements, but he draws particular attention to the Enlightenment and the nationalist ideologies that emerged in Europe after the French Revolution. Both offer Jews inclusion and equality—but only, it seems, if they stop being Jewish.
In Sznaider’s reading, Arendt’s thought is cosmopolitan in precisely this “rooted” sense. Like a number of other twentieth-century Jewish intellectuals, she relied on Jewish particularity to advance broader, even “universal” claims about the nature of modern life and politics. (I use Sznaider’s language here, although I believe he could have more carefully distinguished the “universal” dimensions of Arendt’s thought from the “universalist” projects that he decries.) European Jewish experiences of persecution, for example, offered Arendt a crucial lens through which to analyze the potentials and paradoxes of minority and human rights. She also relied on the destruction of European Jewry to reflect on the emerging concept of “crimes against humanity”—without, at the same time, losing sight of the Holocaust’s irreducible specificity. Arendt’s attentiveness to both the particular and the universal is evident in her description of Nazi mass murder as “a crime against humanity committed on the bodies of the Jewish people.”
Sznaider provides a particularly good account of the ways that Arendt resisted early attempts to “generalize” the Holocaust. In her exchanges with Hans Magnus Enzensberger, for instance, she resisted the suggestion that the mass killing of Jews was but one “holocaust” among others. She also challenged the notion that the destruction of European Jewry was a paradigmatic modern event that all human beings, in one way or another, shared in common. For Arendt, such claims not only neglected the history of a specifically Jewish catastrophe, but also absolved its German perpetrators of their particular responsibility.
Sznaider’s favorable assessment of Arendt in this case represents an interesting development in his own thought: in a 2005 book that he wrote with Daniel Levy, Sznaider had been a good deal more sympathetic to the formation of a globalized Holocaust memory. At that time, he and his co-author regarded worldwide remembrance of the Nazi genocide as an important means to transcend national frames of reference and promote a cosmopolitan human rights regime. Little of that position remains in Jewish Memory and the Cosmopolitan Order. Instead, Sznaider takes critical aim at one fashionable contemporary thinker, Giorgio Agamben, for lifting the Nazi concentration camps out of their historical context and recasting them as the epitome of modern sovereign power.
I sympathize with this reading of Agamben, whose provocative claims tend to outstrip the empirical cases on which they are based. Yet in one respect Sznaider could also be more careful about the generalization if not “universalization” of Jewish experience. He is too quick at a few points to position Jews as the embodiments and carriers of modernity’s virtues, too hasty in his portrayal of the Diaspora as the paradigm for de-territorialization and cosmopolitanism as such. In a 1993 article, Daniel and Jonathan Boyarin—the one a Talmudic studies scholar, the other an anthropologist—cautioned us against “allegorizing” Jews as the exemplary Other, and we would do well to take their warning to heart. Other groups, identities, and histories inhabit the world in which we all live, and we should take seriously the insights that their own particularity might offer to our understanding of cosmopolitanism.
This last criticism notwithstanding, Sznaider’s book provides an incisive re-appraisal of Arendt’s thought. Although its central argument can be stated briefly, it does not narrow our appreciation of her work as much as enliven and expand it.
“We are wont to see friendship solely as a phenomenon of intimacy in which the friends open their hearts to each other unmolested by the world and its demands...Thus it is hard for us to understand the political relevance of friendship...But for the Greeks the essence of friendship consisted in discourse...The converse (in contrast to the intimate talk in which individuals speak about themselves), permeated though it may be by pleasure in the friend’s presence, is concerned with the common world.”
-Hannah Arendt, Men in Dark Times, p. 24
As the year comes to an end, in many English-speaking countries, including the U.S., Arendt’s adopted country, friends and neighbors may gather to sing Auld Lang Syne, the song adapted from the verse of Scottish poet, Robert Burns and traditionally sung at the stroke of midnight, as one year fades into the next. An evocation of memory, and times long ago, it resonates also with an image of a long-lasting friendship. So, in tune with the season, I chose for commentary an image of friendship Arendt crafted in her essay on Lessing, the opening piece in Men in Dark Times. “The essence of friendship consisted in discourse…concerned with the common world.”
Both memory and friendship are important themes in Arendt’s writing. “We can no more master the past than we can undo it. But we can reconcile ourselves to it. The form for this is the lament, which arises out of all recollection.” (Men in Dark Times, p. 21) Recollection, or remembrance, becomes, in Arendt’s view, a pathway to reconcile ourselves to what has happened. Bearing the burden of the past and the responsibility past events places on us meant, for Arendt, facing up to reality, no matter what it might have been.
When Arendt wrote about bearing the burden of the past she had in mind the terrible weight that the most momentous events of the twentieth century—the emergence of totalitarianism and the catastrophe of the Holocaust—had put upon the shoulders of modern humanity. In the aftermath of these events, we face new difficulties: “the bitter realization that nothing has been promised to us, no Messianic Age, no classless society, no paradise after death.” (Origins of Totalitarianism) Referring to this as humanity’s “coming of age,” she recognized that its first “disastrous result...is that modern man has come to resent everything given, even his own existence—to resent the very fact that he is not the creator of the universe and himself. In this fundamental resentment he refuses to see rhyme or reason in the given world.”
But remembrance does not so much dwell in the past as allow the possibility of action in the future through the cultivation of gratitude. The opposite of passivity, which is the unconscious reception of everything that happens, has happened or might happen, gratitude might be said to be the active acceptance of the chance I have been given to make some mark in the world within the endowment of time, however brief or long, I have to live in it. As Arendt wrote in Origins, “[S]uch gratitude expects nothing except, in the worlds of Faulkner--‘one’s own one anonymous chance to perform something passionate and brave and austere not just in but into man’s enduring chronicle...in gratitude for the gift of [one’s] time in it.’ ” And, in many ways, these words echo sentiments Arendt expressed in her doctoral dissertation: “[G]ratitude for life having been given at all is the spring of remembrance, for a life is cherished even in misery: ‘Now you are miserable and still you do not want to die for no other reason but that you want to be.’ What ultimately stills the fear of death is not hope or desire, but remembrance and gratitude.” The kind of friendship Arendt calls “political” (because of its concern with the common world) is the model for those relationships that facilitate remembrance and cultivate gratitude.
There were, in fact, two types of friendship in Arendt’s life--those that were most like her characterization of friendship in her portrait of Lessing in Men in Dark Times (quoted above), which she called “friendship among citizens,” and those she called “intimate.” Sometimes, but only rarely, the two types were interwoven in the same friend. Besides her relationship with her husband, Heinrich Blucher, Arendt’s friendship with Mary McCarthy provides another glimpse into the practice of these two types of friendship with the same person.
Though an unlikely partnership, and one that got off to a rocky start, the improbable friendship between Hannah and Mary McCarthy found a way to begin and lasted nearly three decades, nourished by several streams of intellectual and emotional sustenance each offered the other. Littered throughout the McCarthy/Arendt correspondence are recommendations for books to read and write, places to visit, and ways to think about current issues. But the undertone of dialogue between them is one of growing intimacy and fervor, whether engaging topics worldly or personal.
When McCarthy read Men in Dark Times she thought the centrality of friendship as a theme in Men in Dark Times came through so strongly she told Arendt she thought the book to be “very maternal...mutterlich, if that is a word. You’ve made me think a lot about the Germans and how you/they are different from us. It’s the only work of yours I would call ‘German,’ and this may have something to do with the role friendship plays in it, workmanly friendship, of apprentices starting out with their bundle on a pole and doing a piece of the road together.” Hannah replied that she was not sure why McCarthy thought the book was ‘German.’ But she heartily embraced the idea of friendship that McCarthy had characterized: “And of course friendship in the sense of ‘doing a piece of the road together’--as distinguished from intimacy. Thanks!”
A year after Heinrich Blücher’s death, Arendt traveled with McCarthy and her husband, Jim West, to Greece, visiting many places Hannah had been with her Blücher, on an earlier trip. “I know it was painful for you to revisit so many of the places you had been with Heinrich,” McCarthy wrote to Hannah after she’d returned to New York. “That has never happened to me, to repeat an experience, with different people, that I’d shared with someone now lost...I can only hope the good outweighed the disagreeable or discordant.” Arendt replied indirectly to McCarthy’s worries. “During the last months I have often thought of myself--free like a leaf in the wind...And all the time I also thought: Don’t do anything against this, that is the way it is, let no ‘autocratic will’ interfere...Let me come back once more to the ‘leaf in the wind.’ It is of course only half true. For there is, on the other hand, the whole weight of the past (gravitas). And what Hölderlin once said in a beautiful line: ‘Und vieles/Wie auf den Schultern eine/Last von Scheitern ist/Zu behalten--And much/ as on your shoulders/ a burden of logs/ is to bear and keep.’--In short: remembrance. Much, much love. Yours, Hannah.”
“What ultimately stills the fear of death….is remembrance and gratitude.”
-Kathleen B. Jones
"Education is the point at which we decide whether we love the world enough to assume responsibility for it and by the same token save it from that ruin which, except for renewal, except for the coming of the new and young, would be inevitable."
—Hannah Arendt, The Crisis in Education
Hannah Arendt writes that the fact that we are born into the world—the fact of natality—is the essence of education. She means that every newborn baby comes into the world both free and yet also constrained. Newcomers are free insofar as there is no way of knowing in advance what a young person will become or who she will be. The newcomer is constrained, however, because he is always born into an already-existing world, one with particular customs, limitations, and opportunities. To educate that newcomer is to respond both to the freedom and constraint into which he is thrown. As free, the child must be taught to act courageously in new and surprising ways. As constrained, the newcomer must accept the responsibility as a member of an already existing world, one he must somehow make his own.
From the Latin educare, to educate means to lead into or draw out. Education is the activity of leading a child into the world, of drawing her into the world. Parents educate their children by drawing them out of their private selves and into the world of the family, their community, and their society.
Schools educate, in turn, by drawing students out of the confines of their families and into the wider political and social world. Education is always an entry into an old world. And yet, it is always a new experience with infinite possibilities for every new initiate.
Education, Hannah Arendt tells us in the quotation above, is about the love for the world. To have children, something she did not do, and to educate young people, something she did brilliantly, is to bring new young people into an old and existing world. To make that choice is to "assume responsibility" for that world, to love it enough—in spite of all of the evil and ugliness—to welcome the innocent. Only when we decide to assume such an awesome responsibility for the world as it is and to love that world, can we begin the activity of education.
Education is also a process of saving the world from ruin—a ruin that is inevitable for all mortal and human endeavors. Made by humans acting together, the world will disappear if we do not care for it and refresh it. The world is not a physical entity but is the "in-between" that connects us all. Like a "table that is located between those who sit around it," the world is the world of things, actions, stories, and events that connect and divide all persons living together in a common world. Without newcomers who are introduced into the world and taught to love it as their own, the world will die out.
There are of course some who reject the love for the world that makes education possible. There are always reasons to do so, ranging from poverty and racism to war and famine. Rebellion is, of course, sometimes justified. There are times, as with Arendt's judgment of Adolf Eichmann, where one must say simply: A world with such people as Eichmann in it is not a world I can love. That is why Arendt argues that Eichmann must be killed. But such judgments of non-reconciliation are, for Arendt, inappropriate in the act of educating young people.
To love the world enough to lead students into it means also that we love our children enough to both bring them into the world and leave to them the chance of changing it. Arendt writes:
And education, too, is where we decide whether we love our children enough not to expel them from our world and leave them to their own devices, nor to strike from their hands their chance of undertaking something new, something unforeseen by us, but to prepare them in advance for the task of renewing the common world.
If we love our children, and our world enough, then we do not make the decision to expel the children from that world. We don't make the decision of rebellion or non-reconciliation for them. The point is that education of the young must leave to the young the right of "undertaking something new, something unforeseen by us."
A teacher must not cross the line and tell the student what to do about the world, for that is the right of the student himself. All the teacher can and should do is prepare students for such a decision, by leading them into an existing world and offering them examples of those who, through freedom and constraint, have throughout history worked to renew and re-inspire our common world.
While teaching is never easy, it is particularly difficult in the 21st century, at a time when the "common world," the world of things that unite us, is changing at such a pace that that teachers and students increasingly live in very different worlds. It's one thing for teachers to not be up on the latest fashions or music; but when teachers and students increasingly get their news from different media, live in different virtual realities, and communicate differently about the worlds they inhabit, the challenges grow. Teaching is of course still possible, but it takes significantly more effort and reflection to think about what that common world is into which we are leading our students. The love of the world has never been so difficult or so necessary.
Political thought is representative. I form an opinion by considering a given issue from different viewpoints….This process of representation does not blindly adopt the actual views of those who stand somewhere else, and hence look upon the world from a different perspective; this is a question neither of empathy, as though I tried to be or to feel like somebody else, nor of counting noses and joining a majority but of being and thinking in my own identity where actually I am not.
-Hannah Arendt, “Truth and Politics” in Between Past and Future, p. 241
In response to the shootings in Aurora, Colorado in July, President Obama had this to say:
While we will never know fully what causes somebody to take the life of another, we do know what makes life worth living. The people we lost in Aurora loved and they were loved….They had hopes for the future and they had dreams that were not yet fulfilled. And if there’s anything to take away from this tragedy, it’s the reminder that life is very fragile…What matters at the end of the day is not the small things; it’s not the trivial things…Ultimately it’s how we choose to treat one another and how we love one another.
This speech was disturbing for a number of reasons. Yes, it was full of clichés and tired appeals to the hopes and futures of people who are nothing but a vague idea to Obama’s audience. But most disturbing of all was the fact that it revealed the response of the country’s highest public official to a breakdown of public safety was essentially a complete abdication of responsibility for the public.
In this speech, Obama refuses to articulate what Arendt calls political thought, instead luxuriating in the experience of empathy and asking the audience to the do same. The problem with speaking and thinking of politics as a sphere in which individuals must try “to be or to feel like somebody else,” as Arendt saw it, is that feeling with another does nothing to acknowledge and maintain the plurality that is so necessary to politics. In empathy, one remains isolated and alone as an individual, albeit an individual with a different set of emotional experiences than what one had before. In this instance, Obama puts himself into the shoes of those individuals who lost family and friends in the shooting and asks his Florida audience to do the same. In so doing, he transforms the event from one that confronts the American polity with questions about our shared public space—about national gun control laws and issues connected to the lack of appropriate physical and mental health care—into a question of the appropriate personal response to loss. Seen in this light, it is not at all surprising that the President would conclude his speech by telling the audience that he and his wife will hug their daughters a bit more tightly that night.
Characterizing what is surely a public problem into an issue of bedtime rituals among family members reveals not only the extent to which politics has given way to personal concerns, but also the unhappy possibility that not even our political leaders are able to move beyond personal concerns to take responsibility for the public as a whole.
It is tempting to interpret Arendt’s quote as an admonition to individuals to reveal themselves in political action. This understanding of Arendtian politics and action is the most familiar one and Arendt’s language of “being and thinking in my own identity” certainly evokes the language of personal courage she uses to describe the political actor in The Human Condition. There she ascribes to the decision to enter politics a courage that is necessary to bring to the public light one’s thoughts and deeds as undeniably one’s own and to “ris[e] into sight from some darker ground” (The Human Condition, 71).
But these lines of “Truth and Politics” strongly suggest that the public appearance one makes as an individual must somehow be tied intimately to other people. What one reveals, in other words, is not oneself in one’s personal sentiments, but rather one’s opinion, which necessarily takes into account the viewpoints of other people. The rising from a dark ground into the light of the public is less about revealing oneself in all one’s uniqueness and more about situating or orienting oneself within a realm of others from whom one may or may not differ. It is for this reason, I think, that Arendt considers empathy to be destructive of politics. In empathy, we appropriate the other to collapse the distance between us that would make possible our orientation in the world. One cannot be “oriented” in the absence of external markers against which one can orient oneself.
The consequences of reading politics as a world of empathetic individuals are dire. Empathy makes it easy to justify the appropriation of others’ lives and perspectives as one’s own. In the name of feeling with the victim, we can often leave the victim even more impoverished than he was before the outpouring of empathy. The loss suffered by those in Aurora has become the sadness and pain of those for whom the victims of the shooting, both living and dead, were really nothing but examples of our country’s political failure. On top of what these victims had already lost, it is possible that they might also lose ownership of the event. Such an appropriation has implications beyond the aesthetic or moral. The political problem with Obama’s speech is not simply that he did not reveal himself or that he appropriated the suffering of the Colorado victims. It is that his empathy allowed him to refuse to take responsibility for the community as a whole and it made it easy for the rest of us to do the same and to do so with a clear conscience. Taking care of one’s community and one’s neighbors is measured by the degree to which one can take care of the imagined personal pains of others, not one’s response to the institutional and other structural conditions that have made such events so commonplace in this country.
Arendt’s distinction between engaging with the viewpoints of others and feeling with another is ultimately a foundation for political responsibility, not just courageous action understood independently of one’s responsibility to the public world. To the extent that politics requires courage, it requires courage not simply to reveal oneself in a crude individualism, but to take responsibility for the big questions of our community. There is of course nothing wrong with hugging one’s children at night. But to define one’s political self in this act and to ask others do so as well is to shirk one’s responsibility for the community and to tell us that such an abdication of responsibility is not only acceptable, but also laudable because it is “human” and feeling. This might not be a necessary consequence of empathy, but, as Arendt tells us, it is an inherent possibility and a threat.
I spoke with my daughter this morning. She is seven. I asked her what she thought of Mitt Romney's speech. She answered: "Both he and President Obama tell lies simply to get elected." Now I know she is to some extent parroting what she hears around our dinner table and the playground. But there is something deeply disheartening in her seven-year-old cynicism. There is a deep sense not only that our politicians lie, but also that the Presidency is a broken institution. That the President is captive of interests special and not-so-special. That the President is trapped in a bureaucracy impervious to change and that the President, whomever he or she may be, cannot really change the perilous course on which our nation is headed. This indeed is the topic of an upcoming conference, "Does the President Matter? A Conference on the American Age of Political Disrepair."
There are myriad sources for this pessimism that one hears from seven-year-olds, college students, and adults. It is markedly different from the idealism that swept the country four years ago personified in Barack Obama. More so than any time I know of, there is a sense of total hopelessness; a feeling that neither party and no potential president can possibly change our course for the better.
To understand this ennui, one must take President Obama's failure seriously. That failure is simple. He became President amidst the perceived failure of the presidency of George W. Bush. The Country desperately wanted a change. At the same time, the financial crisis threatened to overwhelm the nation. The President offered hope. He embodied all of our dreams, offering a way forward, out of the excesses of the Bush era and towards a re-enlivening of basic American values of freedom and fairness. There was, in the President's own words, a demand for a "new era of responsibility."
The force of Mitt Romney's Convention speech on Thursday was his expression of disappointment in the President. This strikes me as a non-partisan statement and that is its strength. It is hard to find even the most stalwart of President Obama's supporters who will disagree with this assessment. Where does it come from? Why has Obama disappointed us?
One answer comes from Kathleen Hall Jamieson, one of the leading thinkers of Presidential rhetoric of our time. Jamieson has given analyses of many of President Obama's speeches, and his found them deeply wanting. In her 2010 address to the American Political Science Association, she says:
In other words, Barack Obama was never as eloquent as we thought he was. A person matched a moment with rhetoric in a context in which the audience created something heard as eloquence. Widely labeled as eloquent, he creates expectations for his presidency that he cannot satisfy in the presidency barring that he is Abraham Lincoln with the Gettysburg Address or a Second Inaugural in his pocket.
So on the one hand, Obama set the expectations for himself too high. That may be, but it is also the case that he became President at a time of great crisis. Maybe it wasn't a Civil War, but the financial crisis does threaten the future of the United States. One fault of the President is that he has continued to describe the financial crisis as a temporary setback, one that will cause some pain but will pass. He has not taken the financial crisis seriously enough, and categorized it for what it is, a crisis. By refusing to do so, he has lost the opportunity to become a crisis President.
In a recent post, I discussed Roberto Magabeira Unger's insistence that we need a wartime President now without a war, one who rallies the nation to change and sacrifice towards a future goal. What Obama has refused to do is present his vision of where we should go. He speaks about change, but doesn't offer a sense of what that change might be. In Jamieson's analysis, he has failed to provide a rhetorical speech that offers us "a digestive sense of what this presidency is going to do."
A digestive statement for Jamieson is something like John F. Kennedy's question: "Ask not what your country can do for you..." As Jameison writes, such statements "sound as if they're sound bites until you realize that there's a definition underlying a presidency in those kinds of statements." Kennedy meant something with his question, something he backed up with the idea of the Peace Corps and public service.
The problem with President Obama's rhetoric, and thus his presidency, is that he has yet to find such a digestive statement that defines what he cares about and what he believes this country is about. As Jamieson writes, there is nothing like Kennedy's invocation of the Peace Corps or communal sacrifice that defines or articulates Obama's vision for America. There is no theme of "transformation of generational identity." She writes: "Indeed, I would challenge you to give me a phrase that is memorable at all, that defines who we are and where we're going under this presidency."
Jamieson's critique of the President is harsh. But I think it is accurate. That is the reason why Romney's claim of disappointment strikes me as powerful. Whether Romney offers an alternative is hard to know, since he himself seems to change his opinions and views weekly. That said, President Obama has his work cut out for him. He must show us that he can articulate a response to the disappointment people feel and provide the hope that he can still get the country back on track, even after three years of failing to do so.
The crises the President inherited are not his fault. It is disgusting to hear Paul Ryan and others blame the President for every problem in the United States. And despite Mitt Romney's impressive past history, his willingness to change his positions regularly and disavow past achievements raises serious questions about his own ability to lead. And yet, it is undeniable that after three years, the financial crisis is still with us and the political crisis is worse than ever. At some point, the President must take responsibility for his failure to address these crises and offer hope that he has a plan to address them in the future. That is the President's challenge during his convention speech next week. To somehow try to answer the criticism that after three years, we still don't know what it is that President Obama believes in and how he wants to respond to the financial and political crisis that he inherited.
In thinking about what the President will say on Thursday, I encourage everyone to read Jamieson's analysis of the past failure of Obama's rhetoric. It is your weekend read. And if you want to think further about the challenge of the president to lead in times of crisis, think about attending the Hannah Arendt Center's upcoming conference, "Does the President Matter?"
“The highest laws of the land (America) are not only the constitution and constitutional laws, but also contracts.”
-Hannah Arendt, Denktagebuch, p. 131
Having published The Origins of Totalitarianism, Arendt turned her attention to the country around her. In a sequence of entries in her Denktagebuch for September 1951, she starts by referring to America as “the politically new” – these are thoughts that will eventually result in her argument in On Revolution . Her analysis has often been criticized from an historical point of view, especially as she refers to the Constitution as being the first to be established “without force, without ruling (archein) and being ruled (archesthai). “ Whatever the validity of these criticisms, they strike me as missing an essential point of her concerns. Arendt is trying to work out what she a few pages later calls “the central question of the coming (künftigen) politics,” a problem she sees as lodged in “the problem of the giving of laws.” (ibid, 141). Her aim is to describe a political (i.e. humanly appropriate) system that would not rest upon will and in particular on the will of the sovereign. “That I must have power (Macht) to be able to will, makes the problem of power into the central political fact of all politics that are grounded on sovereignty – all, that is, with the exception of the American.” (idem)
Her concern in these pages (130-143) centers around what a human society would be that was truly political. Her version of America is her entry into this question. What is striking about her discussion in the intervening (and other) pages is that she approaches this question explicitly through the lens of European philosophy. Thus she is attempting an answer to the question of “can we determine the particular excellence of the American polity by viewing it through the lenses of European thought?” The point is not to Europeanize America: it is to see if America does not in some manner constitute a potential instantiation of what has been thought in Europe over the nineteenth and twentieth centuries.
The sequence of European thinkers she invokes is important. She first mentions Marx and then Nietzsche, each of whom she sees as part of and as makers of the “end of Western philosophy.” Marx is held to have inverted Hegel, Nietzsche the same for Plato. The point of her analysis of Marx and Nietzsche is to assert that they released thought from its bond to the “Absolute.” Indeed: to hold to the idea of an Absolute is to “make possible in the present unjust and bestial behavior.” (ibid, 133). As we know, this will be an ever-returning theme in her work. She expects to find in America the elements of the political that does not rest on an “absolute.”
At what might one look to find this vision of a non-absolute political? Nietzsche provides the opening to an answer. We are to look not to his doctrine of the revaluation of values but to his discussion of promising in the second essay of the Genealogy of Morals. She quotes: “To breed an animal with the right to make promises – is that not … the real problem of humans?” For Arendt, the foundation of a new “morality” lies in the right to make a promise; the promise makes possible human relations based on contract. And the grounding on contract, as she writes in the Denktagebuch, was for her the particular excellence of the American polity.
What is the implication of Arendt's claim that contract is the “highest law” and particular excellence of America? One answer is revealed by the end of extended quotation of Nietzsche’s Genealogy of Morals where he indicates that the person who has the right to make promises can “ für sich als Zukunft gut sagen zu können,”a phrase that might be rendered as “able to give himself as answer for the future.” In Arendt’s gloss, this means that if in making a contract (which is what a promise is) one pledges that each will remain true to him-or herself as the person making the contract, then each has made his or her own being the foundation for a political space.
Such a grounding or foundation is not based either on will or on any external absolute. It is a matter, as the signers of the Declaration made clear, that we “mutually pledge to each other our Lives, our Fortunes and our sacred Honor.” Temporally speaking, this means that what one did in the past remains alive as the present. Our political present will thereby be tied to the historical, although not, she notes, in a “weltgeschichtliche” [world-historical: i.e. transcendental] manner.
To make the implications of this clearer, she immediately turns to a consideration of Max Weber’s distinction between the “ethic of responsibility” (which she holds to be the foundation of the pragmatism and genius of American politics) as opposed to the “ethic of conviction,” which, she says, allows for anything as we cannot know “until the day of the Last Judgment” if our conviction be correct. The implication here is that if we base our polity on the conviction of the supposed correctness of our moral judgments (as opposed to our ability to be responsible to ourselves) we will be able to justify anything, as the validation for our claim can be infinitely postponed. (One has but to look at the claims made about bringing democracy to Iraq). Indeed, Arendt sees “central question of our time” to be a change in our ability to make valid moral judgments, that is ones the correctness of which is not postponed indefinitely. (ibid 138). She now turns to an examination of how various thinkers have dealt with the problem of moral judgment. After she worked her way through a partial rejection of the manners in which Hegel, Nietzsche, and the Kant of the Critique of Practical Reason respond to this main question, she turns to the Critique of the Power of Judgment. Those thoughts are not developed at this time in the Denktagebuch -- but they will concern her for the rest of her life.
What is striking here is how the approach from European philosophy brings out the importance of what is new in the American experiment. As Hamilton wrote in the first Federalist:
It has been frequently remarked that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force. If there be any truth in the remark, the crisis at which we are arrived may with propriety be regarded as the era in which that decision is to be made; and a wrong election of the part we shall act may, in this view, deserve to be considered as the general misfortune of mankind.
To which, in our present day, one may only wonder if at some point a “wrong election“ has not been made.
-Tracy B. Strong (UCSD)
“Factual truth is always related to other people [...]. It is political by nature.”
-Hannah Arendt, Truth and Politics
“Our inheritance was left to us by no testament”
-Hannah Arendt, quoting René Char, Between Past and Future
In his acceptance speech, the recipient of the 1997 Hannah Arendt Prize for Political Thought wondered why he of all people had been chosen for it. He was, he said, a pragmatist, a practitioner of politics, not a political thinker. At the time he was already a prominent figure in contemporary politics: as a courageous pastor in the GDR who did not shy away from conflict with the regime, as a participant in the freedom movement of 1989 which led to the fall of the Berlin Wall, and, since 1990, as the Federal Commissioner for the newly created Stasi Archives, which was tasked with processing the history and crimes of the socialist dictatorship. This man, the winner of the 1997 Arendt prize, is the recently elected German Bundespräsident, Joachim Gauck . [Under the German constitution, the President is the country’s highest representative, while the Chancellor is the head of government and most influential political figure in the German parliamentary democracy (Angela Merkel currently holds the latter position).]
The connection between Arendt and the highest office of the German government makes sense only in light of its oddity and of the unorthodox character of Joachim Gauck. His comment in the acceptance speech that he is a political practitioner rather than a political thinker marks a striking difference between himself and Arendt. One could say, however, that Gauck’s political actions largely constitute the realization of a political understanding that Arendt herself theoretically and conceptually developed. Their shared center of gravity can be formulated in a sentence from Arendt’s “Introduction into Politics”: “The meaning of politics is freedom.”
It is fitting, in a certain way, that the intellectual correspondence between Arendt and Gauck is least to be found in his text Plea for Freedom. This small book, published shortly before his election, can be read as the manifesto of his presidency. The book, divided into the three chapters “Freedom,” “Responsibility,” and “Tolerance” preaches more than it reflects. Generalized talk of “the soul,” and of supposed anthropological constants such as “the human psyche,” or the universal desire for happiness and healing overshadows the knowledge upon which the book is based: that politics comes out of plurality and exists in the living modes of “relatedness.”
When writing serves to express a political program, it becomes a part of the process of political action. Action and thought cannot occur simultaneously, Arendt notes. Thought and consideration become possible only when action has become history-- that is, when it has been completed and can be retold as a story and reflected upon.
Joachim Gauck’s best texts are distinguished by the fact that they are written out of personal experience. They speak from the perspective of an “I” that knows that political speech must be concrete and therefore limited. The more I generalize, the farther I distance myself from the solid ground of the facts. For a theologian, this may not be self-evident. In his acceptance speech for the Arendt prize, Gauck does not pay lip service to the prize’s eponym-- as did so many of those to whom Arendt became “hip” after 1989-- by claiming her as the inspiration for his political actions during the dictatorship. Rather, he recognizes his own lapse in not studying Arendt’s texts at the right time. He sees it as a failure to confront the intuitive striving and fighting for freedom with “conceptual clarity and precision,” quoting Arendt’s On Revolution.
Does this lack of conceptual clarity point to a romanticization which placed (the self-perceptions of) personal actions in the world of wishful thinking instead of in the world of facts, Gauck asked? The question is directed at himself and his contemporaries. “Did it suffice to have an opinion about reality, whose facts I hadn’t thoroughly developed?” he reflects with reference to Arendt in his afterword to the Blackbook of Communism (1998). I individually can hold an opinion, almost like philosophically wise thoughts or words; facts, on the other hand, are political, since I always share them with others. Arendt formulated it thus in Truth and Politics: “Factual truth is always related to other people [...]. It is political by nature.”
This understanding of the eminently political quality of facts shaped Joachim Gauck’s work as the Federal Commissioner for the Stasi-Archives. Perhaps this constitutes the greatest accomplishment of his life: Gauck’s work secured the documents and archived materials without which the history of the SED-dictatorship and its repressive apparatuses could not have been written.
In the months after the fall of the Berlin Wall, hundreds of citizens and members of opposition groups occupied the headquarters of the state secret police in East Berlin and other cities of the GDR. The Stasi had already begun to destroy documents on a large scale. Approximately 130 miles of files were saved, where 3 feet of files could contain up to 10,000 pages. The Stasi had collected approximately 6 million personal files-- 4 million on citizens of the GDR, 2 million on citizens of the old Bundesrepublik. What was to be done with such a legacy?
Many demanded that the files be closed or even destroyed in the interest of “national peace.” One could expect such a vote from former GDR elites, who could be prosecuted or face moral discredit if the files were made public. But even reputable social-democratic politicians like Egon Bahr and, out of quite different motives, the West German secret service, wanted to prevent the Stasi files from becoming publicly accessible.
The “inherited burden of dictatorship,” Gauck called this legacy in his Memoirs (2009). It is an inheritance left with no testament, one could say with Arendt and René Char. It is an inheritance without precedent, for which a legal, political, moral, and historiographic procedure had to be found before any work could begin. Joachim Gauck, along with more than 3000 staff members, created the blueprints for dealing with the material. Since 1990, victims of Stasi persecution, as well as the media and researchers, are able to read and study the files of the state surveillance apparatus.
The fact that this is now possible cannot be taken for granted. Since the transition to democracy, other countries such as Poland, Hungary, and Romania have decided against opening their archives. In Germany, it’s one of Gauck’s major accomplishments to have successfully carried out the demand of the East Germany democracy movement to make the Stasi files publicly accessible.
The Federal Commission for the Stasi-Archives is now a permanent institution in Germany. The commission is internationally respected, and stands as a symbol for Germany’s way of dealing and coming to terms with dictatorship after 1989. The legal and administrative character of the commission, and the basis of its success, is largely thanks to Joachim Gauck’s capacity for political judgment, as he was the first director of the Commission from 1990 to 2000. Gauck, the unconventional political activist from the Baltic, recruited a legal and data protection expert from Bavaria as an administrator, to help carry out the revolutionary civil movement’s lofty goal of universal access to the records. The two persistently maintained this political demand in the face of the reservations and greediness of West German administration and political parties. Gauck recognized that the new Commission for the Stasi Archives would have to fit into the institutional structure of West Germany, and that this framework had to be confronted without naivete or arrogance.
During and since the first national elections in unified Germany in 1990, naivete and arrogance towards the power of established parties and institutions relegated almost all of the East German opposition groups to political meaninglessness. The widespread feeling that the momentum of political freedom was too quickly muted by, and swallowed up into the institutional structure of West Germany burdens the unification process to this day. The Federal Commission for the Stasi Archives is one of the few achievements in which something truly politically new came out of the momentum of freedom in 1989.
The election of Joachim Gauck connects the memory of this founding moment of political freedom with the highest office in Germany—which is delightful, but also feels incongruous. It may also appear incongruous to many that Gauck is the first nominee in Germany’s post-war history who was not elected President directly from another high political office. Since 2000, Gauck has worked for foundations, and as a free-lance writer and lecturer. He is less a man of the political class than a political man. This symbolic fact is one that might have interested Hannah Arendt.
with Anne Posten
Thomas Wild will begin teaching at Bard in the fall and will join the Hannah Arendt Center as a Research Associate.
The most exciting aspect of Occupy Wall Street was seeing Americans—young and old, white and black, Jew and Muslim—coming together in public spaces to talk about matters of public importance. The most disheartening failure of Occupy Wall Street was how quickly those conversations turned to navel gazing. Instead of aiming to lead, to take on responsibility, and to honestly and courageously work to impact the public world around them, the protesters (and that is what they are, at least to date, rather than revolutionaries) satisfied themselves with talking to like-minded people about their dreams and hopes. Occupy Wall Street fizzled because the passions and happiness at making a difference gave way to the solipsistic self-pleasuring of those speaking to themselves, and those like them.
Consider, as an alternative, the villagers of Wukan, China. In September of 2011, the village government sold town land to real-estate developers. Such deals are reportedly common in China, since China repealed local agricultural taxes in 2006. To raise money to run local governments, Chinese local officials are increasingly selling farmland to developers. According to Michael Young, "the local government compensates the farmers with a minimum amount of money and then is paid 50 times more by the developer." According to Young, "60 to 70 percent of local government income comes from selling land to developers." The land sales "enrich officials" and also contribute to economic growth of China.
The land sales have generated huge resentment throughout China, and for a while Wukan was no different. In 2009 villages petitioned and protested the sale of 67 acres of land to a Hong Kong developer. In September of 2011, another protest erupted, but this time serious clashes only intensified the protests. Eventually new villagers were elected to the village government. One of these, Xue Jinbo, was then arrested and died in custody, amidst rumors of torture and mistreatment. The resulting uproar led to something unheard of in China: A free and democratic village election with secret ballots.
On February 11, 2012, over 6,000 of the Wukan's 8,000 residents filled out "pink ballots in rows of plywood booths that ensured their choices would remain secret, then dropped them in big steel boxes sealed with tamper-proof stickers.
Officials tallied the votes in the schoolyard as residents looked on." According to The New York Times report,
It was the first truly democratic vote here in decades, if not ever, and something of a landmark of transparency in China's opaque politics. By the time it ended, the very men who had led Wukan's struggle against an entrenched village autocracy had been chosen as its new leaders.
Even as the Times article reports on the amazing victory in Wukan and the optimism it has spawned, the narrative of the article questions whether anything will change. The corruption underlying the land sales is deep and "reaches into layers of higher governments." The new leaders of Wukan have received threats. Other similar attempts at protests in China have lately been suppressed: "this month in Zhejiang province, north of Guangdong, officials suppressed a Wukan-style land protest in Panhe by systematically rounding up protest leaders and sealing their village off from journalists." The Times quotes Russell Leigh Moses, a Beijing scholar, who argues: "Reform in China doesn't start in places like Wukan. It starts at the top and soaks downward."
I am not an expert in Chinese politics. But dismissals of the Wukan revolution—and that is what happened in Wukan—do seem to ignore the incredible and seemingly impossible victories of the people there.
So what, we must ask, has changed in China? How does the people's occupation and revolution in Wukan compare to the Occupy Wall Street movement here?
Whether or not the people of Wukan get their land back, they have tasted what Hannah Arendt calls public freedom. Like OWS, the people of Wukan experienced the joy of collective action in public. In both cases, they did not simply protest. They also created councils and general assemblies and thus built organizations in which people could act together in public. But there is where the similarities end.
In Wukan, the people did not only occupy parks. They came together and created a new power in society and used that power to take over their government.
Leaders emerged, who channeled the spirit of protest into demands not only for redress of their land claims but for an openness and participation in government. What Wukan shows, in other words, is a new model for revolutionary politics in China—a path towards the creation of local power centers built upon the consensus of individual villagers.
I have no doubt that China can, if it wants, violently suppress these concretions of people power. As Syria is showing now, unrelenting violence can overcome power. And yet, to employ such violence risks destroying the power of the state itself, which is always based upon the consensus of the people. More likely, the revolution in Wukan is an example of the way that people in China are, in steps big and small, demanding the control of their political fate.
What distinguished the United States at the time of its revolution was what Hannah Arendt called the experience of "Public Happiness." From town hall meetings in New England to citizen militias and civic organizations, Americans had the daily experience of self-government. In Arendt's words,
They knew that public freedom consisted in having a share in public business, and that the activities connected with this business by no means constituted a burden but gave those who discharged them in public a feeling of happiness they could acquire nowhere else.
Arendt was always alive to this sense of "public happiness" which she distinguished from the economic and social needs that comprised being well fed and comfortable. Public happiness was found neither in fighting for one's particular interests, nor in doing one's duty by voting or going to town-hall meetings. Rather, the seat of American democracy was the fact that Americans "enjoyed the discussions, the deliberations, and the making of decisions." It was this passion to be involved, to be seen and heard in matters of public importance, and to distinguish oneself before one's peers that Arendt points to as central to the experience of freedom in America.
The promise of Occupy Wall Street was not simply that it would bring about economic equality or other specific results. It was that it returned citizens to the public square to engage again in the public life of the nation. Its failure, at least to date, is that its activists refused to take seriously the responsibility and need to speak and act not only in public, but also for the public.
By avoiding taking stands, by eschewing leadership, by insisting on appealing to everybody, by seeking to offend no one, and by holding themselves above and outside of politics, the movement became consumed by itself, inward looking, and, ultimately, apolitical. The joy of OWS did not translate, as did the joy of the collective action in Wukan, into political power. If we are to rejuvenate our political culture, it is better to look to the revolutionaries in Wukan than the protesters in Zuccotti Park. Or rather, maybe the OWS movement needs to pay attention to Wukan, and think about how to transform its power, joy, and public engagement into political channels.
See the NY Times Slideshow of the Voting in Wukan, here.