Hannah Arendt Center for Politics and Humanities
24Feb/130

Amor Mundi 2/24/13

Hannah Arendt considered calling her magnum opus Amor Mundi: Love of the World. Instead, she settled upon The Human Condition. What is most difficult, Arendt writes, is to love the world as it is, with all the evil and suffering in it. And yet she came to do just that. Loving the world means neither uncritical acceptance nor contemptuous rejection. Above all it means the unwavering facing up to and comprehension of that which is.

Every Sunday, The Hannah Arendt Center Amor Mundi Weekly Newsletter will offer our favorite essays and blog posts from around the web. These essays will help you comprehend the world. And learn to love it.

Addicted to Corruption

Clocking in as the longest article ever in Time (h/t Dylan Byers), Steven Brill’s cover story is the single-best account of the insanity and corruption of our current medical system. Why do we accept the skyrocketing costs of medical care? “Those who work in the health care industry and those who argue over health care policy seem inured to the shock.” Brill shows us why the bills are really way too high. Hint: it is not because the care is so good. There are so many excess costs in the system, that reforming it should be easy, if it weren’t so corrupt.

 

Can I Give you $1.8 Million?

David Goldhill wants to give all working Americans $1,800,000, the amount he calculates a 23 year-old beginning work today at $35,000/year will pay, directly or indirectly, in health care insurance benefits. Goldhill argues that our health care system wastes most of that money because people have no incentive to attend to costs. He suggests a dual system. Give every American health insurance for truly rare and unpredictable illnesses. But for regular costs and smaller emergencies, he would refund workers the money they are losing and let them pay for healthcare themselves.

 

Speak, Memory

Oliver Sacks walks through his past and, with the help of his brother, discovers that a memory he had believed his own had actually been that of another. Starting from there, he gives a short account of the weakness of individual remembering, which allows us to take in something we've heard or seen and make it our own. He concludes, finally, that "memory is dialogic and arises not only from direct experience but from the intercourse of many minds."

 

 

The Subtlety of the Dole for the Rich

Michael Lewis writes of the rise of an unapologetic business class in the 1990s and early 2000’s, that they enjoyed the “upside to big risk-taking, the costs of which would be socialized, if they ever went wrong. For a long time they looked simply like fair compensation for being clever and working hard. But that’s not what they really were; and the net effect was… to get rid of the dole for the poor and replace it with a far more generous, and far more subtle, dole for the rich.”

 

The Faces of Terror

Five women. “Two are wives and daughters in ordinary families unable to comprehend why such misfortune has overtaken them. A third is a young bride living in the household of a high party official. The last two are wives of the Master’s executioners. These stories are based on their memoirs—some written by themselves, others by close friends or by their children. These five women put a human face on the terror of Stalin’s purges and the Gulag in the Soviet Union of the 1930s.”

 

Failed Ambitions

“Debt doesn’t look like much. It has no shape or smell. But, over time, it leaves a mark. In Spain, it manifested itself, first, as empty buildings, stillborn projects, and idled machines.” So writes Nick Paumgarten. To see how debt looks and smells, look at Simon Norfolk's surreal photographs of Residencial Francisco Hernando, an unfinished development near Seseña, Spain. Working his way through a half-finished city with few people in it, Norfolk's photography suggests that even beginning construction was an act of hubris; "everyone," he says, "wanted to get rich doing nothing."

 

Obama's Slugging Percentage?

The Arendt Center’s 2012 conference “Does the President Matter?” asked whether political leadership is still possible today. Guatam Mukunda believes that we can measure the value of a particular leader based on their behavior at the margins—what did that person accomplish over and above what another would have been able to do? In the accompanying video, Mukunda argues that leaders can only be great or terrible when the people selected for such roles are relatively unknown to those making the selection. In an age of information, the chances are slim.

 

This week on the blog

This week on the blog, we argued that American reformers should shift their efforts at reforming education towards high school and pointed towards Richard Kahlenberg's recent piece in The Chronicle of Higher Education, adding that "poverty, more than race or gender, is increasingly the true mark of disadvantage in 21st century America." We also continued the inquiry into the growing threat that entitlements pose to the next generation, highlighting Geoffrey Canada and Peter Druckenmiller's argument that entitlements are a generational theft that must be arrested. Elsewhere, Na'ama Rokem quotes from Arendt's only Yiddish-language article to explore the philosopher's language politics and her Jewish identity. Jeff Champlin looked at some similarities between Habermas and Arendt in their understandings of power. In the Weekend Read, Roger Berkowitz argues that we need to free federalism from its present partisanship and recall the important connection between federalism and freedom.  Finally, if you didn't get around to our remembrance of Ronald Dworkin, you should take some time and give it a read.

Until next week,

The Hannah Arendt Center

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
15Feb/130

Dworkin’s Law & Justice

Ronald Dworkin died yesterday, Thursday. He was 81.

For much of my early career as someone engaged in the question of justice, Ronald Dworkin was one of my imaginary antagonists. Reading Dworkin was eternally frustrating. I was consumed with the inevitable temptation to take on Dworkin’s unwavering apologies for legal power. Dworkin was the great defender of the morality of the state, an idea that I had a hard time accepting. He was an advocate for legitimacy of legal rule, which often seemed ungrounded and illegitimate. Above all, his magnum opus, Law's Empire, is a celebration of the imperial grandeur of law, when law often seemed to my youthful and often angry eye to be rather the embodiment of power, interest, and money.

For Dworkin, ‘we’—lawyers, judges, and philosophers of Law’s Empire—are engaged in the utopian project of purifying law. And law, in turn, purifies us. In being “subjects of law’s empire, liegemen to its methods and ideals,” we bridle our action and reasoning with the constraints of legal thinking. What law requires, above all, is that our actions be made consistent with the foundational moral principles embodied in and by the community. Interpreted correctly—that is, observing the integrity of the moral world—law leads to decisions that enrich a “narrative story” of who we are. It is a story that, for Dworkin, makes our practices and institutions “the best they can be.”

Law in Dworkin’s writing embodies a “flourishing legal system” and carries with itself the possibility of securing the utopian and political ideals of fairness, justice, and procedural due process.  Lawyers, judges, and especially legal philosophers, are the people responsible for dreaming utopian dreams—dreams “already latent in the present law”—and working to bring about those dreams through law and the legal system.  Law, therefore, cannot simply be conventional and self-referential; it must hold within it the promise for progressive societal change. Left, utopian politics, Dworkin states, is law.  Or, in other words, law is the center of all political and ethical progress in modern civilized states.

It is not hard to point out inconsistencies and tensions in Dworkin’s philo-legalism. Dworkin’s many critics reveled in pointing to law’s promises of equality broken and its ideal of justice contradicted. The law does not always act for good. But that means that those who would defend law’s empire have a choice. They can defend the law pragmatically and politically—arguing that law is simply a tool in the larger political struggle for justice. Or they can seek to weave the entirety of the law—good and bad—into an overarching moral universe—imagining law as an ideal that can and should in its nature propel us fitfully toward a more just world. Dworkin took the latter approach. The more I saw the impossibility of his project, the greater became my respect for the nobility and grandeur of his effort.

Much of Dworkin’s academic work is full of abstract theory. Perhaps his most enduring contribution, however, is a single metaphor. Law, Dworkin writes, is like a chain novel. And judges, he argues, are “authors as well as critics” who participate in the collaborative writing of the novel that is the law. The chain novel—in which “a group of novelists writes seriatim”—unfolds chapter by chapter, each written by a different author.  Each author is required both to fit her interpretation to what has come before—i.e. to make an interpretive judgment about the text under the assumption that it was written by a single author—and to judge which of the possible interpretations makes the work in progress the best it can be.  The judgment involves a substantive aesthetic choice; Dworkin insists that this choice is not arbitrary. It is constrained by the structure, plot, and style of the text and authors that have come before.

Dworkin’s claim is that in interpreting and authoring the chain novel, each successive author is not limited to the dichotomous choice between finding the meaning in the text and inventing the meaning of the text. Instead, “each novelist aims to make a single novel.” To do so is not simple and will involve a multifaceted engagement with the text and the principles of what has come before. The author must “find layers and currents of meaning rather than a single, exhaustive theme.” And yet, he “cannot adopt any interpretation, however complex.” Each new interpretation and creation must make the entirety of the chain novel fit together in the best way possible.

Similarly, each judge who decides a case must judge with what Dworkin calls integrity. This means that every judge must find in what has come before the “principle” that “is instinct in law.” When a judge does this, “he reports not a simple-minded claim about the motives of past statesmen, a claim a wise cynic can easily refute, but an interpretive proposal: that the principle both fits and justifies some complex part of legal practice, that it provides an attractive way to see, in the structure of that practice, the consistency of principle integrity requires.” Interpretive practice requires an author to distinguish between continuing the novel and beginning it anew.  Only judgments that continue the law’s story are judgments with integrity.

Dworkin’s analogy of law to a chain novel can be read, sympathetically, as saying: look, we have this community with these values and within it neutral judgments based on laws are impossible.  If we want law, we better figure out a way to make those judgments possible or we are back to justifying law as the rule of those with power.  Law as integrity is such a way.  You external skeptics can go around saying our community is contingent and constructed but sooner or later you are going to have to choose between nihilsim and ethical engagement.

What Dworkin yearned for was a theory of interpretation that could assimilate the entirety of the past into a common and clear narrative of the present. His model judge, Hercules, was the judge whose power of interpretation was so fecund as to master the mass of judgments, facts, and decisions into a single, best, and just narrative.

That such a herculean task is not possible—and that defending such a stance could serve as a smoke screen for the interests and power behind the law—was something Dworkin refused to concede.

In the last decade Dworkin turned from abstract legal philosophy to popular writing, which often appeared in the New York Review of Books. His writing about current issues and cases was clear, moral, and passionate—if also quite predictable. Somehow, Dworkin always found that judging with integrity required decisions in accord with a fundamentally mainstream-left-of-center point of view.

Whatever his limits, Dworkin stood for the undying idea that law—whatever its shortcomings—should aspire to do justice. For this reason alone, if nothing else, we should celebrate him.

The best obituaries so far are found in The Guardian and The New York Times. But better yet, open up your old volume of Law’s Empire. And if you don’t have it handy, here is a version you can navigate on the web.

-RB

 

Roger Berkowitz
Roger Berkowitz is Associate Professor of Political Studies and Human Rights at Bard College, and Academic Director of the Hannah Arendt Center for Politics and the Humanities. He is also the author of "Gift of Science: Leibiniz and the Modern Legal Tradition", as well as co-editor of "Thinking in Dark Times: Hannah Arendt on Ethics and Politics".