In the most recent NY Review of Books, David Cole wonders if we've reached the point of no return on the issue of privacy:
“Reviewing seven years of the NSA amassing comprehensive records on every American’s every phone call, the board identified only one case in which the program actually identified an unknown terrorist suspect. And that case involved not an act or even an attempted act of terrorism, but merely a young man who was trying to send money to Al-Shabaab, an organization in Somalia. If that’s all the NSA can show for a program that requires all of us to turn over to the government the records of our every phone call, is it really worth it?”
Cole is beyond convincing in listing the dangers to privacy in the new national security state. Like many others in the media, he speaks the language of necessary trade-offs involved in living in a dangerous world, but suggests we are trading away too much and getting back too little in return. He warns that if we are not careful, privacy will disappear. He is right.
What is often forgotten and is absent in Cole’s narrative is that most people—at least in practice—simply don’t care that much about privacy. Whether snoopers promise security or better-targeted advertisements, we are willing to open up our inner worlds for the price of convenience. If we are to save privacy, the first step is articulating what it is about privacy that makes it worth saving.
Cole simply assumes the value of privacy and doesn’t address the benefits of privacy until his final paragraph. When he does come to explaining why privacy is important, he invokes popular culture dystopias to suggest the horror of a world without privacy:
More broadly, all three branches of government—and the American public—need to take up the challenge of how to preserve privacy in the information age. George Orwell’s 1984, Ray Bradbury’s Fahrenheit 451, and Philip K. Dick’s The Minority Report all vividly portrayed worlds without privacy. They are not worlds in which any of us would want to live. The threat is no longer a matter of science fiction. It’s here. And as both reports eloquently attest, unless we adapt our laws to address the ever-advancing technology that increasingly consumes us, it will consume our privacy, too.
There are two problems with such fear mongering in defense of privacy. The first is that these dystopias seem too distant. Most of us don’t experience the violations of our privacy by the government or by Facebook as intrusions. The second is that on a daily basis the fact that my phone knows where I am and that in a pinch the government could locate me is pretty convenient. These dystopian visions can appear not so dystopian.
Most writing about privacy simply assume that privacy is important. We are treated to myriad descriptions of the way privacy is violated. The intent is to shock us. But rarely are people shocked enough to actually respond in ways that protect the privacy they often say that they cherish. We have collectively come to see privacy as a romantic notion, a long-forgotten idle, exotic and even titillating in its possibilities, but ultimately irrelevant in our lives.
There is, of course, a reason why so many advocates of privacy don’t articulate a meaningful defense of privacy: It is because to defend privacy means to defend a rich and varied sphere of difference and plurality, the right and importance of people actually holding opinions divergent from one’s own. In an age of political correctness and ideological conformism, privacy sounds good in principle but is less welcome in practice when those we disagree with assert privacy rights. Thus many who defend privacy do so only in the abstract.
When it comes to actually allowing individuals to raise their children according to their religious or racial beliefs or when the question is whether people can marry whomever they want, defenders of privacy often turn tail and insist that some opinions and some practices must be prohibited. Over and over today, advocates of privacy show that they value an orderly, safe, and respectful public realm and that they are willing to abandon privacy in the name of security and a broad conception of civility according to which no one should have to encounter opinions and acts that give them offense.
The only major thinker of the last 100 years who insisted fully and consistently on the crucial importance of a rich and vibrant private realm is Hannah Arendt. Privacy, Arendt argues, is essential because it is what allows individuals to emerge as unique persons in the world. The private realm is the realm of “exclusiveness,” it is that realm in which we “choose those with whom we wish to spend our lives, personal friends and those we love.” The private choices we make are guided by nothing objective or knowable, “but strikes, inexplicably and unerringly, at one person in his uniqueness, his unlikeness to all other people we know.” Privacy is controversial because the “rules of uniqueness and exclusiveness are, and always will be, in conflict with the standards of society.” Arendt’s defense of mixed marriages (and by extension gay marriages) proceeds—no less than her defense of the right of parents to educate their children in single-sex or segregated schools—from her conviction that the uniqueness and distinction of private lives need to be respected and protected.
Privacy, for Arendt, is connected to the “sanctity of the hearth” and thus to the idea of private property. Indeed, property itself is respected not on economic grounds, but because “without owning a house a man could not participate in the affairs of the world because he had no location in it which was properly his own.” Property guarantees privacy because it enforces a boundary line, “ kind of no man’s land between the private and the public, sheltering and protecting both.” In private, behind the four walls of house and heath, the “sacredness of the hidden” protects men from the conformist expectations of the social and political worlds.
In private, shaded from the conformity of societal opinions as well from the demands of the public world, we can grow in our own way and develop our own idiosyncratic character. Because we are hidden, “man does not know where he comes from when he is born and where he goes when he dies.” This essential darkness of privacy gives flight to our uniqueness, our freedom to be different. It is privacy, in other words, that we become who we are. What this means is that without privacy there can be no meaningful difference. The political importance of privacy is that privacy is what guarantees difference and thus plurality in the public world.
Arendt develops her thinking on privacy most explicitly in her essays on education. Education must perform two seemingly contradictory functions. First, education leads a young person into the public world, introducing them and acclimating them to the traditions, public language, and common sense that precede him. Second, education must also guard the child against the world, care for the child so that “nothing destructive may happen to him from the world.” The child, to be protected against the destructive onslaught of the world, needs the privacy that has its “traditional place” in the family.
Because the child must be protected against the world, his traditional place is in the family, whose adult members return back from the outside world and withdraw into the security of private life within four walls. These four walls, within which people’s private family life is lived, constitute a shield against the world and specifically against the public aspect of the world. This holds good not only for the life of childhood but for human life in general…Everything that lives, not vegetative life alone, emerges from darkness and, however, strong its natural tendency to thrust itself into the light, it nevertheless needs the security of darkness to grow at all.
The public world is unforgiving. It can be cold and hard. All persons count equally in public, and little if any allowance is made for individual hardships or the bonds of friendship and love. Only in privacy, Arendt argues, can individuals emerge as unique individuals who can then leave the private realm to engage the political sphere as confident, self-thinking, and independent citizens.
The political import of Arendt’s defense of privacy is that privacy is what allows for meaningful plurality and differences that prevent one mass movement, one idea, or one opinion from imposing itself throughout society. Just as Arendt valued the constitutional federalism in the American Constitution because it multiplied power sources through the many state and local governments in the United States, so did she too value privacy because it nurtures meaningfully different and even opposed opinions, customs, and faiths. She defends the regional differences in the United States as important and even necessary to preserve the constitutional structure of dispersed power that she saw as the great bulwark of freedom against the tyranny of the majority. In other words, Arendt saw privacy as the foundation not only of private eccentricity, but also of political freedom.
Cole offers a clear-sighted account of the ways that government is impinging on privacy. It is essential reading and it is your weekend read.
Sensus communis as a foundation for men as political beings: Arendt’s reading of Kant’s Critique of Judgment
Annelies Degryse Katholieke Universiteit Leuven, Belgium
Philosophy Social Criticism 2011 37(3): 345
Arendt's late reading of Kant proposes a connection between aesthetics and politics that, among other innovations, offers a new way to think about judgment through a connection between the individual and group reflection. Annelies Degryse of Leuven University breaks down this conception of judgment into two constituent parts and connects it to Kant's "community sense."
Picking up on the argument by Ronald Beiner that Arendt "detranscendentalizes" Kant, Degryse describes how this move to a plurality of spectators can be understood as an "empricalizing" Kant. She helpfully highlights two moments of judgment in Arendt. First, a person perceives through imagination, a specific faculty that moves from a physical to a mental instance. Second, in reflection, one achieves a distance from the original representation that further distances oneself from it. Indeed, here Arendt speaks of the "proper distance, the remoteness or uninvolvedness or disinterestedness, that is requisite for approbation and disapprobation, for evaluating something at its proper worth" (Arendt, Lectures on Kant's Political Philosophy, 1992: 67). Judgment proper occurs in this second step, where one takes a stand on one's first impression in terms of a value assertion.
The first moment of judgment occurs within the mind of the individual. It does not even necessarily need to take the form of words but could occur entirely at the private level. In the second moment though, one needs recourse to language as an instrument of communication. Arendt says that Kant's reference to sensus communis should thus best be translated as "community sense" rather than "common sense." Degryse emphasizes the "common" here as the key to moving to judgment through language. It allows us to go beyond our own limited mode of thinking. In other words, language knows more than any individual person, and in framing a judgment one takes this greater knowledge into account. This is one way to understand what Arendt means by thinking with "an enlarged mentality." Degryse links the use of language in judgments to Arendt's "detranscendentalization" of Kant: "Arendt stresses, with Kant, that we can lose our faculty of enlarged thinking without communication and interaction with one another. (353)" Judgment for Kant is only a faculty of the mind but for Arendt it depends on actual interaction with others.
Degryse sees Arendt's Lectures on Kant's Political Philosophy as explicitly developing the role of spectators that was already implicit in the Human Condition. After all, speech and action need to be received by someone. Drawing on another aspect of Kant's terminology to make this connection, Arendt emphasizes that taste, not genius, constitutes the public realm. The genius can start something new, but in order to communicate it, this novelty must be described in terms that others can perceive. Interestingly, for Arendt, even the genius must himself have at least some access to taste to get his point across. Shifting to the political realm, Degryse notes that Arendt provides the example of the French Revolution: she sees its true impact in the many public responses to the event rather than the acts of the event itself. (One thinks here of the publications of Burke in the England, Paine in the U.S., and Schiller and Hegel in Germany, among many others.)
As a contrast, Degryse says that the philosopher risks losing touch and supporting tyranny because, as per Plato's famous parable of the cave, he does not want to return to the realm of shadows and captivity with others after having ascended alone to the realm of truth. Spectators, always plural, can never lose touch in this way.
In Germany, the Romantics and Idealists worshiped the genius. Even today, taste is often considered a relic of subjectivism. Even though Arendt returns to Kant's aesthetics in a manner reminiscent of the great Idealists Fichte, Schelling, and Hegel, one key contribution of Degryse's article is that it shows how Arendt moves in the direction of plurality rather than the self-positing subject.
No government exclusively based on the means of violence has ever existed. Even the totalitarian ruler, whose chief instrument of rule is torture, needs a power basis—the secret police and its net of informers. Only the development of robot soldiers, which, as previously mentioned, would eliminate the human factor completely and, conceivably, permit one man with a push button to destroy whomever he pleased, could change this fundamental ascendancy of power over violence.
—Hannah Arendt, “On Violence.”
Hannah Arendt wrote these lines in the midst of the United States’ defeat in Vietnam. Her argument was that as long as robot soldiers were a thing of the future, brute violence and force like that unleashed by the United States would always succumb to collective power, of the kind exhibited by the Vietcong. Hers was, at least in part, a hopeful voice, praising the impotence of violence in the face of power.
To read Arendt’s lines today, amidst the rise of drone warfare, alters the valence of her remarks. Drones are increasingly prototypes and even embodiments of the “robot soldiers” that Arendt worried would dehumanize war and elevate violence over power. If we draw out the consequences from Arendt’s logic, then drone soldiers might displace the traditional limits that politics places on violence; drones, in other words, make possible unprecedented levels of unlimited violence.
The rise of drones matters, Arendt suggests, in ways that are not currently being seen. Her worry has little to do with assassination, the concern of most opponents of drones today. Nor is she specifically concerned with surveillance. Instead, against those, like General Stanley McChrystal, who argue that drones are simply new tools in an old activity of war, Arendt’s warning is that drones and robot soldiers may change the very dynamic of war and politics.
To see how drones change the calculus of violence in politics, we need to understand Arendt’s thesis about the traditional political superiority of power over violence. The priority of power over violence is based on the idea that power is “inherent in the very existence of political communities.” Power, Arendt writes, “corresponds to the human ability not just to act, but to act in concert.” It “springs up whenever people get together and act in concert.” All government, and this is central to Arendt’s thesis, needs power in order to act.
This need for popular support is true even for totalitarian governments, which also depend on the power of people—at least a select group of them like the secret police and their informers—continuing to act together. It is thus a myth that totalitarian rule can exist without the support of the people. Whether in Nazi Germany or contemporary Syria, totalitarian or tyrannical governments still are predicated on power that comes from support of key segments of the population.
Even if all government is predicated on some power, governments also employ violence—but that violence is held in check by political limits. As a government loses its popular support, it finds itself tempted to “substitute violence for power.” The problem is that when governments give in to the temptation to use violence to shore up slackening of popular power, their use of violence diminishes further their power and results in impotence. The more violence a government needs to rely upon, the less power it has at its disposal. There is thus a political limit on how much violence any government can employ before it brings about the loss of its own power.
As much as she respects the claims for power over violence, Arendt is clear-eyed about the damage violence can wield. In a direct confrontation between power and violence, violence will win—at least in the short term. Arendt writes that if Gandhi’s “enormously powerful and successful strategy of nonviolent resistance” had met a different enemy—a Stalin or Bashar al-Assad instead of a Churchill or Mubarek—“the outcome would not have been decolonization, but massacre and submission.” Sheer violence can bring victory. But the price for such a triumph is high, not only for the losers, but also for the victors.
We see this exemplified in Middle East over the last few years. In those countries like Bahrain and Syria where governments did not shy from unlimited violence to repress popular revolts, the governments have maintained themselves and the Arab Spring has turned into a long and frigid winter. Assad has been able to maintain power; but his power is irreparably diminished. In the end, there is a limit to the viability and effectiveness of relying on mere violence at the expense of power. This is even more true in a constitutional democracy, where support of the people is a political necessity.
As confident as Arendt is that violence is limited in politics by the need for power, she worries that the coming age of “robot soldiers” might bring about the end of the political advantage power has over violence. Robot soldiers can be controlled absent of consent or political support. With the push of a button or a simple command, a tyrant or totalitarian ruler can exert nearly unlimited violence and destruction, even without the support a massive secret police or a network of informers. Drones threaten the time-immemorial dependence of even the most lonely tyrant on others who will support him and do his bidding.
Of course drones must be built, programmed, and maintained. No tyrant is fully autonomous. Yet building, programming, and maintaining machinery are fundamentally different jobs than arresting and killing dissenters. It is far easier for programmers and electricians to justify doing their jobs in a powerless yet violent state than for soldiers and secret agents to justify theirs.
In a drone-led war, men will rarely need to go into action as soldiers. That is of course one reputed advantage of drones, that they make war less dangerous and more technically predictable. But it also means that as modern warfare becomes safer and more humane, it also excludes without human soldiers and risks stripping war of its human and active character. This helps to explain an enigmatic passage of Arendt’s in The Human Condition, where she offers modern war as an example of when action “loses its specific character” as human action and “becomes one form of achievement among others.” The degradation of human action in modern war, she writes,
happens whenever human togetherness is lost, that is, when people are only for or against other people, as for instance in modern warfare, where men go into action and use means of violence in order to achieve certain objectives for their own side against the enemy. In these instances, which of course have always existed, speech becomes indeed ‘mere talk,’ simply one more means toward the end….
Arendt is here thinking of the anonymity of the modern soldier epitomized by the monuments to the unknown soldiers—the mute mass of humanity who fight and die without the “still existing need for glorification” that makes war a human instead of a merely mechanical activity.
Her modern warfare in its inhumanity and technological capacity abandons the togetherness that has traditionally made war a prime example of human political togetherness.
In the technological advances of modern warfare that made war so awful and so mechanical, Arendt actually found a glimmer of hope: that war’s rabid violence was compensated by neither political advantage nor personal glory. In On Revolution, she dared hope that the fact that technology had reached the stage “where the means of destruction were such as to exclude their rational use” might lead to a “disappearance of war from the scene of politics….” It was possible, she thought, that the threat of total war and total destruction that accompanies war in the modern era might actually lead to the disappearance of war.
Clearly such a hope has not come to pass. One reason for the continuation of war, however, is that the horrors of war are made ever more palatable and silent—at least to the victors—by the use of technology that exerts violence without the need for political power and participation. The drone wars of the early 21st century are in this respect notable for the unprecedented silence that accompanies violence. Since U.S. soldiers are rarely injured or killed and since the strikes are classified and the damage remote, we have indeed entered an era where we can fight wars absent the speech, glory, and “human togetherness” that has traditionally marked both the comradeship of soldiers and the patriotic sacrifice of a nation at war. It is in this extraordinary capacity of mute violence to substitute for power in which we can glimpse both the promise and the peril of drones.