Hannah Arendt Center for Politics and Humanities
11Feb/130

Secondhand Gun Smoke

"The extreme form of power is All against One, the extreme form of violence is One against All. And this latter is never possible without instruments."

Hannah Arendt, On Violence

The instruments that Hannah Arendt refers to in this quote are instruments of violence, that is to say, weapons.  Weapons, which in the main, translates to firearms, make it possible for One to commit acts of violence against All. And this fact has been brought into sharp focus in light of the devastating tragedy of this past December 14th, 2012:  the massacre of 20 young children and six adults at Sandy Hook Elementary School in Newtown, Connecticut by a 20-year-old man using a semi-automatic assault rifle that belonged to his mother, the first victim of a killing spree that ended when he turned his weapon on himself and took his own life. The extreme depravity of this incident sent shockwaves throughout the nation, and reports of subsequent shootings of a more commonplace variety have been picked up by the news media, whereas previously they have more often than not been ignored. Fulfilling their function as agenda-setters, journalists have placed gun violence high on the list of national debates, reflecting the outrage of many citizens, as well as the genuine concern of a significant number of leaders and officials in government and organized religion.

Despite the fact that many citizens find the status quo intolerable, and favor legislation that would increase the limitations on the types of weaponry citizens can legally purchase and own, and on the requirements for sale and ownership of firearms, there has been considerable opposition to any form of what is commonly referred to as gun control. That pushback had come from what is sometimes referred to as the gun lobby, the National Rifle Association being the primary organization representing the firearms industry, and citizens who insist that our constitution's second amendment guarantees them the freedom to arm themselves as they see fit. And whereas one side mostly speaks in the language of moderation, arguing for reasonable restrictions on firearms sales, the other tends to speak in an extremist language of absolutes, arguing against any abridgement of rights and freedom, maintaining that gun control legislation is completely ineffective, and that, in the words of NRA Vice-President Wayne LaPierre, "the only thing that stops a bad guy with a gun is a good guy with a gun."

Fighting fire with fire is not a method favored by firefighters, except in the most extreme of circumstances, and likewise fighting firearms with firearms is a tactic of last resort for putting an end to gun violence. Firefighters stress the importance of prevention, and we certainly are entitled to ask, how can we prevent a bad guy from getting hold of a gun in the first place? When prevention is ineffective, and violence ensues, it may be necessary to engage in further violence as a countermeasure. But even if the result is cessation rather than escalation, the situation already represents a failure and breakdown of the community. As Arendt explains,

the danger of violence, even if it moves consciously within a nonextremist framework of short-term goals, will always be that the means overwhelm the end. If goals are not achieved rapidly, the result will be not merely defeat but the introduction of the practice of violence into the whole body politic. Action is irreversible, and a return to the status quo in case of defeat is always unlikely. The practice of violence, like all action, changes the world, but the most probable change is to a more violent world.

LaPierre's insistence that the only way to stop violence is with violence is not only simplistic in his childish morality of good guys vs. bad guys, but in his view of the situation as being One against One. Again, it would certainly be reasonable to concede the point that violent action on the part of one individual is sometimes required to put an end to violent action on the part of another individual, and such action is authorized on the part of duly appointed representatives of the law, e.g., police. But in acting in the role of police, such individuals are acting as representatives of the All, so that what appears to be One against One is in fact a case of All against One.  But LaPierre's notion of a good guy with a gun is not a police officer—indeed police departments typically favor stricter gun control—but an armed private citizen. In other words, his One against One would exist in a larger context of All against All, everyone armed in defense against everyone else, everyone prepared to engage in violence against everyone else.

That guns are instruments of violence ought to be clear. You cannot cut a steak with a gun. You cannot chop wood with a gun. You cannot excavate a mine with a gun. Unlike knives, axes, and even explosives, firearms have no practical use other than to harm and kill living things. There are recreational applications, granted, but there is nothing new about violence in recreational activities, boxing, wrestling, and fencing all have their origins in antiquity, while eastern martial arts disciplines have grown quite popular in the United States over the past half century, and football has become our most popular sport. It follows that hunting is simply another violent recreational activity, as we are now 10,000 years past the agricultural revolution, and few if any of us live in the wilderness as nomadic hunter-gatherers.  And target ranges, skeet shooting, and the like, all of which use obvious surrogates for human and animal bodies, are essentially recreational activities, apart from their function in training individuals  how to use firearms.

Instruments of violence, like all tools, are made to be used, and their violence cannot be confined to prescribed targets and situations. So with All against All, everyone lives under the shadow of violence, the possibility of being fired upon serving as a guarantee against bad behavior. From the individual's point of view, everyone is suspect, everyone is a potential menace that must be guarded against. And of course the danger they pose is greatly amplified if they are bearing arms. So peace is achieved through mutual intimidation, and at best a respect based on threat and fear. Under these circumstances, there is no solid foundation for political action based on consensus and cooperation, let alone social cohesion. With All against All, the potential for action taken by All against One is minimized.

Reducing if not eliminating the potential for All against One is central to the ideology of the NRA, for whom the All is not so much everyone else as it is our representatives in positions of authority. Armed private citizens are the good guys with guns, and it is not only the "criminals and crazies" who are bad guys, but also, and perhaps more importantly, the government. Ignoring the fact that historically, the second amendment was understood as granting individual states in the union the right to create militias in the absence of a standing federal army, gun advocates invoke "the right to bear arms" as a check against government tyranny, insisting that they are entitled to the same right to revolution that was claimed by the founders of our nation in the Declaration of Independence. That the Confederate states invoked the same right in seceding from the Union, igniting a debate settled by the most violent of means, is of little import it seems. The Civil War apparently did not end with Robert E. Lee's surrender at Appomattox, but merely underwent a transformation into a subtle insurgency movement that continues to this day. This no doubt comes as a surprise to the vast majority of American citizens, including the multitudes that flocked to movie theaters in recent months to see Steven Spielberg's Lincoln.

Arendt drives home the point that violence exists in inverse relationship to power.  Power is derived from the All, from the consent and agreement of the governed, the source of political legitimacy. Power is the ability to achieve goals without the use of violence. When governments are forced to resort to violence, it reflects a loss of power, one that is difficult to reclaim, and may ultimately result in that governments demise. Violence can destroy power, that is the lesson of revolution, but it cannot create power, only political action can. It follows that gun advocates see the second amendment as curbing the power of government, thereby empowering the individual. That sense of power is something of a chimera, however, for as soon as firearms are used, their power dissipates. If they are used against another private citizen, even a so-called bad guy, the user will have to answer to the legal system, and may be found guilty of unlawful action, or subject to civil liability. If they are used against a government official, the user will sooner or later discover that he (or she, but almost always it is a he) is outgunned, that One against All may only succeed in the short-term but will eventually fall to the vastly superior firepower of organized authorities.

American society, like all societies, looks to a set of values that, upon close inspection, holds logical contradictions, values that, from a distance, appear to be psychologically consistent with each other. We value the individual, and adhere to the most extreme form of individualism of any western society, but we also value the community. We seek a balance between the two, but ultimately they come in conflict with one another, the One vs. the All.  And we value freedom, but we also value equality. Both seem fundamental, but freedom includes the freedom to excel, to dominate, to gain an advantage, enforce and reinforce inequity, while any effort to be truly egalitarian requires restrictions on those freedoms. Moreover, we believe in capitalism, free enterprise as it were, but also in democracy, the American way, politically-speaking, and we assume the two can co-exist without discord. But capitalism is inherently undemocratic, favoring oligarchies and the absence of government regulation and oversight, whereas the exercise of democracy extends to policies that affect and constrain economic and financial activities, and the organization and conduct of business.

In the past, Americans have slightly favored the individual, freedom, and capitalism, all of which are aligned with one another, over the community, equality, and democracy, although the emphasis has shifted somewhat depending on circumstances (for example, during wartime, we become increasingly more likely to rally around the values of community and equality, and belief in democracy). To put it into Arendt's more succinct terms, we try to find a balance between the One and the All, but to the extent that the two are in conflict, we lean a bit towards the One.

In favoring the One, we tolerate the One against All, the result being that we are scarred by gun violence to a degree vastly out of proportion with other western societies. For gun advocates, gun ownership is an individual right and an essential freedom that must not be abridged. Never mind the fact that "the right to bear arms" is rarely found on any listing of basic human rights, as opposed to the right to live in safety and security, free from fear and threat, a right that gun ownership jeopardizes at least as much as it protects. And never mind the fact that our first amendment freedoms are subject to significant limitations and governed by legislation, and those freedoms are listed in a clear and unequivocal manner, in contrast to the second amendment's convoluted and confused diction ("A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed"). It is also interesting to note that gun advocates like LaPierre do not hesitate to try to shift the focus onto the first amendment, blaming violence in film, television programming, and videogames for incidents like the Newtown shooting. And what is often downplayed is that the gun lobby, in resisting all attempts at gun control, are defending the interests of the gun industry, the businesses that manufacture, distribute, and sell firearms. Of course, it is hard to play up the importance of free enterprise in the wake of the murder of elementary school children.

In their radical views on the second amendment, and their absolute embrace of individual freedom and capitalism against the interests of community, equality, and democracy, gun ideologues like LaPierre insist on the supremacy of One against All, and it is not surprising that the result is an extreme form of violence.  And, as I noted earlier, leaders representing the interests of the All against the One tend to speak, naturally enough, in the language of practical politics operating within a democratic form of government, the language of negotiation and compromise, but find themselves confronted on the other side with the abstract absolutes characteristic of the language of ideology. You might say, what we got here is a failure to communicate, in the words of Cool Hand Luke, although the two sides probably understand each other better than they let on.

The ideologues know that if they refuse to blink first, the compromisers will most likely give up and move on to more pressing matters. And the compromisers know that the ideologues refusal to negotiate gives them an excuse to turn away from a divisive issue that may cost them a measure of support in the next election, and deal with more pressing matters with a greater probability of reaching a successful conclusion. Only now, after Newtown, is there talk of having reached a tipping point in public opinion, one that may pressure the compromisers to insist upon a settlement, and may force the ideologues to accept the pragmatic need for negotiation. The likely outcome is that the ideologues will make some minor concessions, allowing for some small progress on gun control, a step in the right direction to be sure, but a far cry from the measures needed to curb the high incidence of gun violence in the United States.

Change will come, because the alternative is intolerable. To the extent that we live in increasingly denser populated areas, in urban sprawl rather than rural isolation, so that the consequences of violent action become increasingly more catastrophic, we require more civilized, more civil living conditions, the insurance against violence that can only come from the power of organized authority subject to political oversight, not private citizens responsible only to themselves. To live in a society of All against All is ultimately regressive, and can only make sense if the social system disintegrates, a remote possibility that cannot be balanced against the actuality of incident after incident of gun violence.

Change will come, but it may only come gradually, given our cultural bias towards the One against All, and it may only come generationally.  Over the past half century, Americans have become increasingly more risk aversive, as more information about potential risks to health and safety have been made available through the electronic media. However, as Henry Perkinson argues in No Safety in Numbers, it is the risks that we have no control over that we are particularly averse to. When the risk is perceived as a matter of individual choice, an expression of personal freedom, we are less averse to it than when it is understood to fall outside of our locus of control. Prohibition is often invoked as the archetype of failed measures to eliminate harmful behavior, and the word prohibition is often thrown into discussions on gun control and similar measures in order to summon up those negative connotations. Despite the potential risks to health and safety from alcoholic inebriation, over-consumption, and addiction, drinking was seen as an exercise of free will, and therefore acceptable. It was only with the campaign against drinking and driving that the locus of risk was shifted from the individual consuming intoxicating beverages to the innocent victims of drunk driving, accident victims who had no choice in the matter, whose freedom was in fact curtailed by the drinker. The same is true of tobacco.

Once medical research established that smoking causes emphysema, heart disease, and cancer, modest change in American smoking habits ensued. It was not until the findings about secondhand smoke were established that real cultural change took place, a truly extraordinary shift in attitudes and behavior about smoking. The key was that secondhand smoke exposed individuals to risks that they had no control over, risks that they were subjected to against their own volition.

While this form of risk-aversion is relatively recent, a more basic understanding that permeates American society is that individuals can exercise their freedoms as long as those freedoms do not jeopardize others. The early assertion of a right to own slaves could only persist insofar as individuals were willing to view the enslaved as somehow less than fully human; otherwise the freedom to enslave clearly cannot justify the denial of another individual's freedom. Similarly, free enterprise and free markets, the freedom of individuals to engage in any kind of business and labor practices they might chose to, eventually was understood to conflict with the rights of labor, of workers and employees, as well as the rights of consumers, so that the freedom of capitalism is subject to constraints imposed in the interests of the community and democracy.

In the face of the violence of One against All, what is needed is the power, in the positive sense of democratic political action, of All against One. The power of public opinion and a growing consensus will serve as a bulletproof vest to protect the body politic from assault by the weapons industry and gun ideologues. And the best place to begin is by talking about the dangers that uncontrolled access to firearms pose to citizens who do not choose to live with these instruments of violence, citizens whose freedoms and rights and very lives are put at risk without their consent, citizens who all are victims of secondhand gun smoke.

-Lance Strate

 

9Nov/120

A Milestone Election

The re-election of Barack Obama is a milestone. Barack Obama will always be remembered as the first black President of the United States. He will now also be remembered as the first black two-term President, one who was re-elected in spite of nearly 8% unemployment and a feeling of deep unease in society. He is the black President who was re-elected because he seemed, to most Americans, more presidential, more trustworthy, and more likable than his opponent—a white, Mormon, representative of the business elite. Whatever you want to say about this election, it is difficult to deny that the racial politics of the United States have now changed.

President Obama's re-election victory and his distinguished service have made the country a better place. The dream of America as a land of equality and the dream that our people will not be judged by the color of their skin but by the content of their character—these dreams, while not realized, are closer to being realized today because of Barack Obama's presidency and his re-election.

There are some who don't see it that way. There is a map going around comparing the 2012 electoral college vote to the civil war map. It is striking, and it shows with pictorial clarity, that the Republic strongholds today are nearly identically matched with the states of the Confederacy 150 years ago. For some, this is an indictment not only of the Republican Party, but also of the United States. The argument made on Facebook and beyond is that the country is still deeply divided racially; that this election brought out the deep-seated racism underlying the country.

Election Results 2012

 

There is also the fact that Twitter apparently was awash in profoundly racist commentary after the election. According to the blog Floating Sheep, the worst of the racist commentary was concentrated in states that Mitt Romney won. Mississippi and Alabama were the states with the largest number of racist tweets on election night.

This could be evidence of a real racial problem. But I don't see it that way. Of course there are some people who are less trusting of a black President. But around the country, voters approved gay marriage, Latinos voted in record numbers, women swept into office, and we re-elected a black President to a second term. To see this election as a confirmation of racist intransigence is overly pessimistic.

Yes, Mitt Romney won the white vote, but he received 59% of the white vote; not exactly a landslide given that the country has real problems. Among white voters over 65, Romney received 61% of the vote. But among white voters under 29, he received only 51% of the vote, a sure sign of things to come. And the white vote was only 72% of the national vote, a record low. As David Simon writes in "Barack Obama and the Death of Normal":

The country is changing. And this may be the last election in which anyone but a fool tries to play — on a national level, at least — the cards of racial exclusion, of immigrant fear, of the patronization of women and hegemony over their bodies, of self-righteous discrimination against homosexuals. ... This election marks a moment in which the racial and social hierarchy of America is upended forever. No longer will it mean more politically to be a white male than to be anything else. Evolve, or don’t. Swallow your resentments, or don’t. But the votes are going to be counted, more of them with each election. Arizona will soon be in play. And in a few cycles, even Texas. And those wishing to hold national office in these United States will find it increasingly useless to argue for normal, to attempt to play one minority against each other, to turn pluralities against the feared “other” of gays, or blacks, or immigrants, or, incredibly in this election cycle, our very wives and lovers and daughters, fellow citizens who demand to control their own bodies.

This is all good news.

And yet, we should not celebrate too loudly. Race still matters in these United States. How it does and why is changing, and will continue to change.

Amidst the progress, one fact remains stubbornly true: black Americans still lag behind white Americans in metrics of education, employment, income, and success. Nearly 5% of black men are in prison in the United States, compared to 1.8% of Hispanic men and .7% of white men.

More than 70% of babies born to black mothers are born out-of-wedlock. When looked at honestly, the problem with race in this country remains stark. It is too big a problem to be swept under the carpet.

And yet that is what is happening. The Obama Presidency has not been kind to blacks. Here is how Frederick C. Harris puts it in the New York Times before the election:

[F]or those who had seen in President Obama’s election the culmination of four centuries of black hopes and aspirations and the realization of the Rev. Dr. Martin Luther King Jr.’s vision of a “beloved community,” the last four years must be reckoned a disappointment. Whether it ends in 2013 or 2017, the Obama presidency has already marked the decline, rather than the pinnacle, of a political vision centered on challenging racial inequality. The tragedy is that black elites — from intellectuals and civil rights leaders to politicians and clergy members — have acquiesced to this decline, seeing it as the necessary price for the pride and satisfaction of having a black family in the White House.

Walter Russell Mead makes a similar point in a rich essay published in The American Interest over the summer. He writes:

Many hoped that the election of the first African-American President of the United States meant a decisive turn in the long and troubled history of race relations in the United States. And indeed President Obama’s election was a signal success for the American racial settlement of the 1970s. But at the moment of its greatest success, that settlement—call it the Compromise of 1977—was beginning to unravel, as evidenced by the fact that President Obama’s nearly four years in office to date have witnessed decades of economic progress and rising political power in black America shifting into reverse.

The housing bubble and its crash have disproportionately impacted black and Latino Americans, who most recently achieved the dream of home ownership. And the loss of jobs in manufacturing and public unions have disproportionately impacted blacks, since these were important routes through which black Americans have entered the middle class. The results for blacks in this country are harrowing. As Mead reports:

Black unemployment under President Obama hit 16.2 percent (June 2011). The median net worth of black households collapsed, falling by 59 percent between 2005 and 2010, wiping out twenty years of progress and plunging to levels not seen since Ronald Reagan’s first term. By comparison, the net worth of white households only fell by 18 percent from 2005 to 2010. The gap between black and white net worth doubled during the Great Recession, and the “wealth gap” between the races rose; the median white household had 22 times the net worth of the median black household. Moreover, the damage to black prospects will not soon be repaired. Indeed, if we now (as seems likely) face a prolonged period of austerity and restructuring in government, there will be fewer job openings and stagnant or falling wages and benefits in the middle-class occupations where blacks have enjoyed the greatest success.

What is more, those national statistics like unemployment, exclude inmates in our nation's penitentiaries. Were we to add the 5% of black men in prison into those cumulative statistics, the situation would look even more perilous.

Mead's essay, The Last Compromise, is essential reading. He argues that race relations in America are marked by three main historical compromises. The first compromise, in 1787, is well known. Including the counting of slaves as three fifths of a citizen and the granting of slave states equal representation in the Senate, this original compromise allowed the country to emerge as a democracy without dealing with the obvious scar of slavery.

Image taken from The American Interest

The Civil War led to what Mead calls the second major compromise on Race that moved the nation forward without actually granting rights to blacks. In the compromise of 1877,

the white South accepted the results of the Civil War, acknowledging that slavery, secession and the quest for sectional equality were all at an end. The South would live peacefully and ultimately patriotically in a union dominated by Northern capitalists. White Southerners might complain about Northern banks and plutocrats (and they did for decades), but they would not take up arms. For its part, the North agreed to ignore some inconvenient constitutional amendments of the Reconstruction period, allowing each Southern state to manage race relations as its white voters saw fit. In particular, the North allowed the South to deny blacks the vote while counting them for representational purposes.

As Mead writes, this compromise was a disaster for blacks. And yet, there was some progress. Denied the vote and made second-class citizens in much of the country, and faced with continued violence and oppression, blacks could, nevertheless, work to create a small and thriving middle class.

The compromise of 1877 last about 100 years until, in the midst of the Civil Rights Movement, a new compromise emerged. This compromise of 1977 brought with it desegregation of public institutions, affirmative action, the entry of blacks into government and civil service, voting rights, and the chance for success. But it came with a dark side. As Mead summarizes:

At its core, the compromise offered blacks unprecedented economic opportunity and social equality, but it also allowed for the stern and unrelenting repression of inner-city lawlessness and crime. Blacks who were ready, willing and able to participate in the American system found an open door and a favoring wind; blacks who for whatever reason were unable or unwilling to “play by the rules” faced long terms in prisons where gang violence and rape were routine.

The election of President Obama shows the promise and the limits of our current state of race relations. On the one hand, black Americans in the middle and upper classes live in a society that if it is not color blind, is at least open to success, entrepreneurship, and leadership by black Americans. On the other hand, the misery of the black poor continues, largely invisible. This is not simply a racial matter, since it is poverty in general, and not only black poverty, that is ignored. There are many impoverished white people. But it would be dishonest to deny the racial components of poverty.

The 2012 election is a milestone. It proves that 2008 was not a fluke, and it shows that most of the United States will vote for the candidate they feel is better, no matter that candidate's race. This is an enormous achievement and one to celebrate. In many ways the future looks bright. But that is no excuse to refuse an honest confrontation of the problems many black Americans continue to have. President Obama has largely avoided the issue of race, for obvious reasons. It is time to insist that we bring the issue to light.

One good way to begin is to read The Last Compromise by Walter Russell Mead. It is well worth the price of subscription to The American Interest. It is your weekend read.

-RB

17Sep/121

History and Freedom

The history of humanity is not a hotel where someone can rent a room whenever it suits him; nor is it a vehicle which we board or get out of at random.  Our past will be for us a burden beneath which we can only collapse for as long as we refuse to understand the present and fight for a better future.  Only then—but from that moment on—will the burden become a blessing, that is, a weapon in the battle for freedom.

-Hannah Arendt, "Moses or Washington" (March 27, 1942)

This eloquent quote from Hannah Arendt moves through a series of metaphors for historical consciousness.  The first two, history is a hotel, and history is a vehicle, are rejected as misleading.  Hotels and vehicles are both transitional spaces, areas inhabited on a temporary basis, not permanent dwellings.  History is not a place we visit for a short period of time, or a place we merely use to get from point A to point B.  Arendt further implies that history is not a commodity to be bought and sold, used and disposed of according to our mood.  But this is less a statement of fact than an admonition, in response to the fact that it is indeed possible for individuals to reject and deny their past, to ignore and abandon their history.  It is a commonplace to say that we cannot choose our parents, and the history of humanity that Arendt is concerned with is, after all, an extension of our personal and family histories.

As an admonition, Arendt's remarks may seem to be a simple restatement of George Santayana's famous 1905 quote, "those who cannot remember the past are condemned to repeat it."  And clearly, she shares in this sentiment about the importance of collective memory and the need to learn from the errors of previous eras.  But she goes beyond this simple formulation by invoking the metaphor of history as a burden.  History has gravity, history has weight, and the longer the historical memory, the heavier the baggage that accompanies it.  Historical mass accumulates over time, and also through innovations in communications.  In oral cultures, where writing is absent, history as we understand it does not exist; instead there is myth and legend, preserved through oral tradition by way of continued repetition via oral performance.  Given the limitations of human memory, details about the past are forgotten within a generation or two, and the main function of myth and legend is to reflect and explain present circumstances.  This collective amnesia allows for a great deal of cultural flexibility and social homeostasis, a freedom from the burden of history that literate cultures take up.  The written word first makes possible chronological recordkeeping, and later historical narrative framed as an ongoing progression of events; this linear conception of time replaces the cyclical past of oral tradition, and what Mircea Eliade referred to as the myth of eternal return.  And so we hear the complaint of school children in generation after generation, that history is so much harder now than it was for their parents, because now there is so much more of it than ever before.

History is a burden, one that becomes too much to bear if all we are doing is living in the past, in rigid adherence to a fixed and unchanging tradition.  But Arendt adds the complementary metaphor of history as a blessing.  The burden can become a blessing if we use the past to understand the present, to serve the present, not to overwhelm or command the present.  The past can inform the present, history helps us to see why things are the way they are, why we do the things we do; being mindful of the past is a means to help fulfill Arendt’s goal of thinking what we are doing.  But it is not enough simply to live in the present, and for the present.  We also have to look towards the future, to work for progress in the moral, ethical, and social sense, to enlarge the scope of human freedom.  And in light of this goal, Arendt invokes her fifth and final metaphor for history:  history is a weapon.  It is a weapon not to destroy or dominate others, or at least that is not what Arendt intends it to be, but rather a sword of liberty, an instrument to be used in the fight against oppression.

This quote reflects Arendt's overriding concern with human freedom.  The battle for freedom that she refers to is a collective struggle, not an individual quest.  It can only be achieved by political cooperation and unity, not by solitary escape from tyranny.  The commonly used phrase in western cultures, individual freedom, while not without value, all too easily eclipses the necessity of freedom as a shared responsibility, and in excess becomes oxymoronic.  As the Rev. Martin Luther King, Jr., so eloquently put it, "injustice anywhere is a threat to justice everywhere" and "no one is free while others are oppressed."  Freedom for all, shared freedom, requires a sense of affiliation, kinship, connection, which in turn requires a sense of continuity over time. Just as individual memory is intimately related to individual identity, our collective memory is the key to group identity.  History is the foundation of community.

Historical consciousness, which is derived from literacy, did not become widespread until after the diffusion of typography.  In addition to making written history widely available, print media such as calendars and periodicals made individuals aware of their place in history as never before, down to the basic knowledge of the year, month, and date that we all take for granted, not to mention awareness of our date of birth and age.  And as the great historian of printing, Elizabeth Eisenstein explains, more than any other factor, it was the printing revolution that gave rise to modernity.  The irony is that as printing made the past more accessible, it also made it seem less valuable, resulting in modernity's ahistorical tendencies.  Focus shifted from venerating tradition to revering progress, from looking back to origins to looking forward for originality.  This is exemplified by the fact that printing gave us two new literary forms, the news, and the novel.

And so we get Henry Ford saying, "history is bunk," and dystopian novels like Brave New World and 1984 portraying future societies where history is either deleted or subject to constant revision.  Without a sense of the past, sensitivity to the future is undermined, and with the advent of instantaneous electronic communications beginning with telegraphy in the 19th century, more and more emphasis has been placed on the now, the present tense, leading us to lose touch with both the past and the future.  Conceptions of the past have also been affected by the rise of image culture, beginning with photography in the 19th century, so that a coherent sense of linear history came to be replaced by a discontinuous, and therefore incoherent collection of snapshots evoking nostalgia, as Susan Sontag observed in On Photography.  What Arendt makes clear is that contemporary present-minded ahistoricism risks more than Santayana's Sisyphean purgatory, but a true hell of oppression and slavery.

So far, I have stressed a universal interpretation of this quote, and ignored its particular context.  Arendt's admonition originates in a column she wrote for a Jewish newspaper, Aufbau, published in New York for German-speaking Jews, as part of a critique of the Reform movement in Judaism.  The movement originated in 19th century Germany, as a response to the Enlightenment, and the Emancipation initiated by Napoleon, wherein Jews were released from ghetto confinement and given a measure of equal rights and citizenship.

To accommodate their newly established status, the Reform movement sought to recast Judaism in the image of Protestantism, as just another religious sect.  Apart from a liberalizing and modernizing of worship and religious requirements, this meant abandoning Jewish identity as a people, as a nation in exile, so as to give full political allegiance to the new nation-states of the west, and embrace a new national identity as citizens of Germany, or France, or England, or the United States.  Consequently, the Reform movement rejected Zionism and made loyalty to the nation of one's birth a religious duty.  Jewish identity and tradition were thereby reduced, compartmentalized as only a form of religious belief and practice, their political significance abandoned.

Arendt's criticism is consonant with Jewish tradition, as the Torah repeatedly asks the Jewish people to remember, to remember the Exodus, to remember the revelation at Mount Sinai, to remember God's laws and commandments, to remember God's commitment to social justice.  Rather than make an argument for a return to Orthodoxy, however, Arendt's concern is characteristically philosophical.  Immediately before concluding her column with the passage quoted above, Arendt makes a more specific appeal regarding models of political leadership and moral guidance:

As long as the Passover story does not teach the difference between freedom and slavery, as long as the Moses legend does not call to mind the eternal rebellion of the heart and mind against slavery, the "oldest document of human history" will remain dead and mute to no one more than the very people who once wrote it.  And while all of Christian humanity has appropriated our history for itself, reclaiming our heroes as humanity's heroes, there is paradoxically a growing number of those who believe they must replace Moses and David with Washington or Napoleon.  Ultimately, this attempt to forget our own past and to find youth again at the expense of strangers will fail—simply because Washington's and Napoleon's heroes were named Moses and David.

Written in the dark times that followed Hitler's rise to power, the outbreak of the Second World War, and the establishment of Eichmann's concentration camps, Arendt's words are all the more poignant and powerful in their call for taking pride in the Jewish tradition of fighting for freedom and justice, and for an awareness that the cause of liberty and human rights have their roots in that most ancient of documents.

Arendt's criticisms of the excesses of Reform Judaism were widely shared, and the movement itself changed dramatically in response to the Holocaust and the establishment of the State of Israel.  Reform Judaism reversed its stance on Zionism, and remains a staunch supporter of the Jewish state, albeit with a willingness to engage in criticism of Israeli government policies and decisions.  At the same time, Reform religious observance, while still distinct from that of the Orthodox and Conservative branches, has gradually restored many elements of traditional worship over the years.  And the celebration of Jewish culture and identity has become normalized during the past half century.

For example, witness Aly Raisman's gold medal-winning gymnastic routine at the recently completed London Olympics, performed to the tune of Hava Nagila; Keith Stern, the rabbi at the Reform synagogue that Aly attends, explained that " it indicates Aly’s Jewish life is so integrated into her entire soul, that I don’t think she was looking to make a statement as a Jew, I think it was so natural to her that it's more like, why wouldn’t she use the Hora? It shows again her confidence and tradition in a really fundamental way."

Raisman's musical selection made an important statement as well, in light of the International Olympics Committee's decision not to have a moment of silence during the opening ceremonies to commemorate the 40th anniversary of the death of 11 Israeli athletes at the Munich Olympics in a terrorist attack.  I think that Arendt would be nodding in approval at the way in which the teenage captain of the United States women's gymnastics team, in her own way, followed the example of Moses and David.

Arendt's passage about history and freedom is a fitting one, I believe, for a Quote of the Week post scheduled to appear on the same day as Rosh Hashanah, the Jewish New Year, which is also said to be the birthday of the world.  The calendar year now turns to 5773, and 5,773 years is roughly the age of history itself, of recorded history, of written records, which originate in Mesopotamia, the cradle of civilization.  And while Rosh Hashanah and Yom Kippur are referred to as the High Holy Days, and are popularly thought to be the most important in Jewish tradition, in truth it is the Passover that is the oldest, and most significant, of our holidays, lending further support to Arendt's argument.  But even more important than Passover is the weekly observance of the Sabbath day, which is mandated by the Fourth Commandment.  And in the new Sabbath liturgy recently adopted by the American Reform movement, there is a prayer adapted from a passage in the book Exodus and Revolution by political philosopher Michael Walzer, that is worth sharing in this context:

Standing on the parted shores of history
We still believe what we were taught
Before ever we stood at Sinai’s foot;
That wherever we go, it is eternally Egypt
That there is a better place, a promised land;
That the winding way to that promise
Passes through the wilderness.
That there is no way to get from here to there
Except by joining hands, marching together.

The message of this prayer is that only by working together can we transform the burden of history into a blessing, only by working together can we wield the shared history of humanity in the service of human freedom and social justice.  This is what Arendt wanted us to understand, to commit to memory, and to learn by heart.

-Lance Strate

20Jun/120

American Criminal Justice – Made in Texas (Part 1)

African Americans were imprisoned at roughly four times the rate of whites in the U.S. at the dawn of the civil rights era. Today it is seven times. How can we explain this persistent—indeed, widening—disparity in rates of incarceration? Are contemporary patterns of imprisonment merely the incidental byproduct of economic restructuring, intensive policing, and stiffer sentencing guidelines? Or are they rather the latest development in a lengthy history of American racial conflict and subjugation? Does the disproportionate incarceration of African Americans even represent the continuation of chattel slavery and state-sanctioned segregation?

These questions tread fraught moral and political terrain, and they invite the construction of overdrawn parallels and facile analogies. After all, present-day African American inmates are not born into bondage in the same way slaves were, and racial hierarchy today is not legally codified in the fashion it was under slavery and Jim Crow. Nevertheless, a few scholars have recently insisted that American penal institutions play a decisive role in long-running patterns of racial formation and social control.

Probably the most prominent work in this school of thought is Michelle Alexander’s The New Jim Crow (2010), which offers a sweeping indictment of the War on Drugs and its impact on African American men. Another less acclaimed but finer-grained study is that of historian Robert Perkinson, whose book Texas Tough: The Rise of America’s Prison Empire (2010) traces the history of incarceration in one of the bastions of the American South.

I intend to devote my next few contributions to the Arendt Center blog to Perkinson’s book, which offers a bracing, accessible, and generally well argued account of American criminal justice. His work, while not equating enslavement and imprisonment in any superficial manner, goes a long way toward demonstrating the deep connections between slavery and imprisonment.

In Texas’s case, these connections are rooted in the state’s long-standing commitment to forced labor as the essence of incarceration. Whereas northern penal institutions have often sought to reclaim offenders through confinement and discipline, Texas’s penal institutions have focused on putting prisoners to work for revenue-generating purposes and paid little heed to reformist ideals of rehabilitation. In the 1850s, for example, the state penitentiary at Huntsville specialized in the for-profit production of cotton and wool fabrics, and during the Civil War its inmates became the chief textile manufacturers and suppliers for the Confederate army. Up to this point, the vast majority of the state’s inmates were white, given that the state’s 1848 penal code prescribed whipping and other forms of sanguinary punishment, but not incarceration, for slaves and “free persons of color.”

With emancipation in 1865, however, Texas prison demographics shifted dramatically as increasing numbers of former slaves were sentenced to prison terms, often for minor offenses on the basis of flimsy evidence. These black convicts—and their Mexican and Native American counterparts—were rarely detained in the state’s main penitentiaries; instead, they were deployed on public works projects or agricultural plantations around the state. (American popular imagery of chain gangs and hoe squads, epitomized in films like O Brother, Where Art Thou?, hearkens back to the Reconstruction era in Texas and other southern states.) Impressed and largely nonwhite convict labor thereby played a key role in the construction of the state’s railroads and other infrastructure, and it contributed significantly to the lucrative production of cotton and sugar. Indeed, most of the plantations on which these prisoners labored had been worked by slaves only a few years before.

This use of involuntary labor reached its apotheosis in “convict leasing,” the term used in the later nineteenth century to describe the state’s hiring out of imprisoned workers to private contractors. These leases were initially concluded on a piecemeal basis, but in 1871 one Galveston firm, Ward, Dewey & Co., paid $325,000 to take possession of the entire Texas penal system and every state prisoner, more than half of whom were former slaves. (The proliferation of for-profit prisons in the past few decades is thus not the first time that American carceral institutions have been privatized.) Although Ward, Dewey & Co. agreed to treat “all convicts with care and humanity,” the living and working conditions they provided shocked many state supervisors and other observers. At least one of them regarded the company’s management as “a system of vilest slavery” (Perkinson, p. 93).

Imperial Farm, 1908

Yet even when the Texas government regained full control of its penal system in 1883, it did not abandon the pursuit of profit as much as bring it under state control. Among the most significant steps, Texas established its own state-run prison farms, which did not merely grow cash crops with unpaid convict labor, but carried on work traditions that bore striking resemblances to the era of convict leasing and, ultimately, plantation slavery. State-run farms remained a mainstay of the Texas penal system as late as the 1970s, and even as periodic reforms led to modest (if often short-lived) improvements in living conditions, they continued to be organized in starkly racialized terms: largely black prisoners labored involuntarily under the supervision of armed, largely white prison personnel.

Perkinson’s careful attention to the nineteenth century brings the phenomena of slavery and imprisonment into close proximity, and it demonstrates how early forms of incarceration in Texas bore the imprint of the South’s “peculiar institution.” It thereby sets the stage for the developments in the twentieth century, when Texas became one of the nation’s leaders—and models—in matters of mass incarceration. I shall take up the threads of this narrative in my next blog, which will also consider some of the implications of imprisonment for our understandings of civil liberty and democracy.

-Jeff Jurgens

11Jun/120

The Alternative to Forgiveness

"The alternative to forgiveness, but by no means its opposite, is punishment, and both have in common that they attempt to put an end to something that without interference could go on endlessly. It is therefore quite significant, a structural element in the realm of human affairs, that men are unable to forgive what they cannot punish and that they are unable to punish what has turned out to be unforgivable."

- Hannah Arendt, The Human Condition

George Zimmerman returned to jail last week, two days after his bond was revoked for intentionally deceiving the court about his financial situation. The speed and promptness of this re-incarceration stands in marked contrast to the six weeks that passed between Zimmerman's lethal shooting of  Trayvon Martin, and his arrest and arraignment on charges of second-degree murder.

During these six weeks, it was astonishing to many people that given the Sanford Police department’s astonishing failure to investigate the case properly, and the application of Florida’s “Stand Your Ground” defense, Zimmerman was apparently immune to prosecution (even as similar cases produced vastly different outcomes). Troubled by not simply this fact, but also the explicitly and implicitly racialized context of the case, I found myself deeply invested in seeing Zimmerman arrested, tried, and ultimately punished.

And yet at the same time, as a scholar of punishment in the United States, I hold a deep distrust in a broken criminal justice system that has historically been an instrument in the foundation and maintenance of white supremacy as a political system. As put eloquently at the blog, Low End Theory, "[I]n appealing to the power of the police to arrest, and to the power of the courts to sentence Zimmerman, we also make heard a message that we might otherwise hesitate to send: namely, that we believe that these institutions—the police, the courts, the law—are institutions capable of delivering the justice we want."

Even if we assume that these are institutions capable of delivering such justice, they are nevertheless predicated on the idea that justice can be delivered through punishing. If we are to "think what we are doing" in terms of punishment and our desire to achieve justice through it, we might do well to revisit Arendt's account of the relationship between punishment and forgiveness.

In The Human Condition, Arendt positions punishment as an alternative to forgiveness, which in turn is defined as similar to promising and the opposite of vengeance. All actions, Arendt argues, are necessarily unpredictable and irreversible. We cannot know with certainty what will happen as a result of our actions, nor can we undo them. These two uncomfortable facts about action might otherwise paralyze us from doing anything, but thankfully we have the ability to make promises about the uncertain future and to both seek and grant forgiveness, absolving past harms. Were it not for these faculties we would be unable to reconcile our own finite existence with the fundamental plurality of the human condition. Without forgiveness in particular, we would be forever "confined to one single deed from which we could never recover; we would remain the victims of its consequences forever, not unlike the sorcerer's apprentice who lacked the magic formula to break the spell" (237). 

Forgiveness can resolve the fact of irreversibility because, Arendt succinctly notes, it is able to put "an end to something that without interference could go on endlessly" (241). This is what distinguishes forgiveness from vengeance. Vengeance is nothing more than the "re-acting against an original trespassing" (240). It is predictable and certain, a “natural” and “automatic reaction.” It cannot be a new action, but only the continuation of the original transgression. Forgiveness, on the other hand, is an action par excellence, done freely rather than necessarily. Forgiveness is unpredictable and uncertain. If forgiveness is forced, it doesn't really count. One can only ask for forgiveness; one can never demand it. As such, forgiveness can allow us to begin anew in the face of a transgression because it is "the only reaction which does not merely re-act but acts anew and unexpectedly, unconditioned by the act which provoked it and therefore freeing from its consequences both the one who forgives and the one who is forgiven" (241).

But what does it mean for punishment to be “the alternative” to this? Can punishment possibly do the same transcendent work for us? If we seek justice through punishment, can such punitive justice ever be the grounds for natality and freedom?

While we typically affirm the justness of punishment by its distinction from vengeance, it nevertheless must be intimately tied to the specific transgression if it is to be justified. Just punishments must "fit" the specific transgression and excessive, cruel, or unusual punishments are thought to be transgressions themselves. Unlike forgiveness, just punishment must be predictable and certain, applied automatically and universally if it is to be effective and non-arbitrary.  Moreover, if our desire for punishment itself becomes automatic and mechanical, this too marks punishment as reactive rather than free. When we find ourselves automatically turning to punishment in response to transgressions, we not only signal a belief that some set of punitive institutions can render justice, but we also reveal a desire similar to the desire for vengeance: a continuation of the transgression.

For punishment to do the same work as forgiveness–stepping outside and beyond the logic of the original transgression and starting something new–it would seemingly have to be arbitrary rather than regular, and therefore lose a key part of its character as just punishment. For punishment to be both predictable and also capable of starting something new, it would have to be as difficult to embrace as forgiveness, such that it, like forgiveness, might be able to free both the punished and the punisher from the past transgression.

The heart of the difficulty is that we remain caught between the act and the actor, of the task of responding to the unpredictability and irreversibility of actions, when the subject of either forgiveness or punishment is the actor. In this sense, forgiving and punishing both publicly declare that some particular action belongs to a particular actor. For Arendt, we must remember that there is nothing self-evident or automatic about the authorship of actions. In so far as an action "reveals" an agent, Arendt writes, "this agent is not an author or a producer" in isolation from others (184). Punishing and forgiving do not simply "hold" a person responsible for their actions, but rather, in concert with their actions, they produce them as responsible subjects for those actions. Forgiveness, Arendt insists, is thus "always an eminently personal ... affair in which what was done is forgiven for the sake of who did it" (241). If forgiveness is able to bring an end to the transgression and free both the forgiver and the forgiven by beginning something new, it is because it establishes a new relationship between those persons.

But forgiveness is only able to "undo what one has done though one did not, and could not, have known what he was doing," because of this translation from action to agent. When a specific agent is assigned responsibility (or takes responsibility for an action that has turned out badly), one need not forgive the bad act, but rather the person. Forgiveness produces responsible subjects on both sides of the exchange. But when punishment makes this same translation, as Michel Foucault demonstrates, it has historically done so through producing a kind of criminal subjectivity that on the one hand treats the agent as a free subject (responsible for their bad acts) and on the other hand, as a pathological object (irresponsible and thus in need of incarceration and discipline). The relationship established between persons through punishment is neither symmetrical, novel, nor personal. Instead, it purchases the punisher’s freedom through condemning the other to unfreedom. Where forgiveness is a productive success, punishment is a productive failure.

What Arendt seems to recognize in the paradoxical relationship between punishment and forgiveness is that even if punishment is an "alternative" to forgiveness, it nevertheless cannot be a substitute for it. What does it mean, then, that we find ourselves unable to forgive that which we cannot punish, and that we cannot punish that which is unforgivable? In part, it means that we might require institutions of punishment if we have any hope of being able to choose forgiveness. And our desire for punishment might be, in part, a desire for the possibility of forgiveness. Punishment, even as it might fail to resolve the predicament of action, might be the condition of possibility of that resolution. But to exercise it would be fall into the trap of vengeance and unfreedom.

That George Zimmerman appeared, for six long weeks, to be not simply unpunished but immune from punishment carries the mark of a kind of immunity from responsibility that serves as the "hallmark" of "radical evil" (241). In the face of such immunity for the killing of another human–to find ourselves powerless to act–is to be confronted not simply with a bad action, but with an offense that "transcends the realm of human affairs" (241). As Robert Gooding-Williams notes, the evil of this automatic immunity afforded to Zimmerman is neither accidental or novel in the U.S., but is deeply connected to who Trayvon Martin was: a young black man living in a nation that historically deputized all non-black persons as executors of the federal fugitive slave law. For Zimmerman to be automatically deputized to kill Trayvon Martin–to be unpunishable for Martin’s death–would affirm the persistence of the radical evil of chattel slavery in a new form.

But even if our desire for punishment reflects a desire toward forgiveness, the danger of punishment as vengeance follows as well. The same punitive institutions, in order to be just, push us toward the logic of simple reaction, rather than action, of predictability and necessity, rather than natality and freedom. It is worth noting that there are currently more black men supervised by the criminal justice system than were held in slavery in 1850. Our regular and automated reliance on punishment to do the work of justice might itself be both necessary for justice, and yet also itself a radical evil, masked by the notion that it can do the same work as forgiveness.

-Andrew T. Dilts

23Mar/120

The Humanity of Shame

One of the great surprises upon arriving at Bard College was meeting Norman Manea. Manea, who was born in Romania, spent four years as a child in a concentration camp, many more as a dissident, and finally relocated to NYC and Bard College. He is a prolific and exciting writer, the author of novels, memoirs and essays, and a generous colleague. The Hooligan's Return tells the exciting story of his return to Romania with Bard President Leon Botstein and his reconnection with his homeland.

In 2009, Manea gave the Wyliam Philips Lecture at The New School for Social Research. The lecture, "20 Years After the Berlin Wall: Monuments of Shame," which has only been published in Spanish as "Monuments de Vergonya." The lecture judges the consequences and meanings of the revolutions of 1989. It is not a moral judgment, but rather a remembering of the lands, places, and languages from which Manea was exiled. At the end of his talk, Manea also makes a fascinating proposal.

Manea begins his lecture with reflections on the revolutions of 1989. For one thing, freedom is not the simple blessing it is often thought:

As slavery has to be learned, step by step, in order to survive its terror and tricks, freedom must also to be learned, step by step, in order to face its chances and competitions, its rewards and restrictions.

In his novels, Manea is ever alert to the way that bourgeois comforts offer a false sense that the freedom to choose amongst restaurants or living accommodations can actually deflect us from the experience of freedom. As have many who lived under the evils of totalitarianism, Manea recognizes that there is a kind of freedom in brutal societies as well:

My dream throughout my postwar life was to find an inner resistance against the ubiquitous external pressure.

Living within yourself, it turned out, was for me the mode of resistance; it formed a center for the moral being, a means of separating from a corrupt and corrupting environment, a hope, however uncertain, for maintaining your conscience with integrity. Reading and writing were a shelter, even if menaced, and the best therapy against the poisonous spread of lies and hypocrisy.

Manea saw also that the outbreak of freedom in 1989 was going to bring dangers as well as hopes.

In addition to a "cheap and manipulated populism," that pervaded the public discourse of the new “democratic” politicians, there were of course the cheap freedoms of revenge, xenophobia, pornography and mass entertainment. This is to be taken in stride, and yet also not. We must always be alert to the morphing of freedom into its opposite:

One of the most outrageous examples of this sort of quick change act occurred in Romania, where a former court-poet of the Ceausescu clan, a fierce nationalist and anti-Semite, Comrade Corneliu Vadim Tudor became the leader of a new extreme right party called, no surprise, Great Romania. Changing only a bit the cosmetics of his old slogans, this noisy old-new agitator was elected a member of Romania’s Parliament, even becoming at one point a serious candidate for the Presidency. Today, comrade Corneliu is a member of the European Parliament. Nobody can say that afterlife isn’t interesting...

We don't have "a real alternative to freedom." We must make do with its defects and shortcomings, since the dangers of the "free system are as bad as the dogmatic remedies ranged against them. Indeed, in the end, the question always comes down to freedom – and it is right that it should.

In the interest of living with freedom, Manea closes his speech with an intriguing proposal, one that he argues would go a long way towards keeping the question of freedom present before our eyes. He writes:

Some ten years ago I proposed something very much non-utopian, and I would like to revisit that proposal. It was in an intervention I made to the famous Walser Debate of 1998 in Germany. As some of you may recall, the esteemed German writer Martin Walser, in his acceptance speech on receiving the Peace Prize of German Booksellers Association at the Frankfurt Book Fair warned against the “permanent representation” and the “monumentalizing of German shame.”

My response was to suggest that every country -- and I emphasize again every country and every people -- should complement its monuments of heroism with monuments of shame. This would mean recalling a nation’s wrong doings towards other countries, other people and also to its own people.

To love our neighbors as ourselves may also imply scrutinizing ourselves with the same objectivity as our neighbor and not to do to others what we don’t like to suffer ourselves. It is probably good therapy to look at ourselves with the same exigency as we look at others, to put ourselves in the shoes of others in order to understand their otherness. Aren’t modesty and humility and self questioning a desirable and sound exercise for being truly human?

There are such monuments to shame. Some that I recall vividly are the Apartheid museum in Johannesburg and the Memorial to the Murdered Jews of Europe, two of the most extraordinary and provoking memorials I have ever encountered. I have no idea if it is good therapy, as Manea writes, to put ourselves in the shoes of others. But it does make for an exercise in being truly human. 

For your weekend read, I recommend an excerpt from The Hooligan's Return, available here.

Even better, order The Hooligan's Return here.

-RB

2Mar/120

Nothing is Really Free

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.

-RB