The Perplexities of Secularism
Does a cross in a courtroom infringe on the religious freedom of non-Christians involved in legal proceedings? Does it violate the principles of a secular state? These questions have recently arisen in Germany thanks to the trial of Beate Zschäpe. Zschäpe is the one surviving member of the National Socialist Underground (NSU), a band of neo-Nazis that allegedly murdered eight people of Turkish descent, one person of Greek descent, and one non-immigrant German police officer in a string of premeditated attacks from 2000 to 2007.
Zschäpe is currently standing trial at the upper court of appeals in Munich, and like other legal chambers in the state of Bavaria, its décor includes a modest wooden cross.
This cross did not evoke comment from the judge and lawyers in the run-up to the trial, and it was not an initial source of concern for the victims’ immediate relatives, who are acting as joint plaintiffs in the case. But it did draw the ire of Mahmut Tanal, a member of the Turkish parliament who attended the first day of the proceedings. Tanal, who is affiliated with the secularist Republican People’s Party, argued that a religious symbol like a cross has no place in the courtroom and should be removed immediately. In his estimation, the cross not only violated the principle of state neutrality in religious affairs, but also constituted a “threat” for the Muslim relatives of the Turkish victims.
Several conservative politicians in Germany responded to his complaints with sharply worded defenses of the cross. Norbert Geis, a parliamentarian for Germany’s Christian Social Union (CSU), announced that “the cross belongs to our culture” and urged Tanal to display more respect for the Christian influence on German life. Günter Krings, a member of parliament for the Christian Democratic Union (CDU), contended that the cross “symbolizes brotherly love and tolerance and is an expression of our Christian-Western roots.” And Günther Beckstein (CSU), Bavaria’s former Minister President, insisted that it was important to make clear, even in a courtroom, that “God stands above the person.”
The matter might have ended there if one of the joint plaintiffs, Talar T., had not agreed with Mahmut Tanal and filed a motion for the cross to be removed. Talar T. insisted that he had a pressing claim “not to be exposed to the influence of a religion—even in the form of a symbol—by the German state.”
Significantly, there is no established legal precedent on this and related matters. The State Court in Saarbrücken ruled in 2001 that a cross must be removed from a courtroom when a concerned party believes that its presence injures her or his right to religious freedom. But it is not clear whether this judgment would apply to courts in Bavaria, especially when Germany’s federalist system grants individual states considerable legal and policymaking autonomy. Indeed, it is precisely this system that has allowed Bavaria to hang crosses in its courtrooms when most other German states avoid and even disavow the practice.
We should not place undue emphasis on this aspect of the trial, which is highly charged for reasons that have nothing to do with the presence or absence of a cross. After all, German prosecutors accuse Zschäpe and her NSU compatriots of a string of xenophobic if not racist murders, and they charge that incompetence at the highest levels of German law enforcement allowed many if not all of these murders to occur. Nevertheless, I would argue that the contention and uncertainty surrounding the cross remain significant in their own right, for they speak to important arguments about the nature of secularism as a modern historical phenomenon.
In a series of recent articles and a concluding book, the University of Chicago anthropologist Hussein Agrama has proposed that secularism, contrary to the normative claims advanced in its favor, is not an institutional framework in which religion and politics are clearly separated. Instead, secularism consistently fashions religion as an object of governmental management and intervention, and it therefore expresses the state’s sovereign power to decide “what count should count as essentially religious and what scope it can have in social life.” Yet in the act of exercising this power, the secular state repeatedly blurs the very line between religion and politics that it aims to draw. For example: if a state insists that religiosity may only be expressed in the private sphere, what is the nature and extent of that sphere? Does it only include the home? Or does it also encompass communal places of worship, or believers’ choice of clothing and other forms of adornment? Is not the demarcation of a private realm of legitimate religious expression itself a political act?
In the end, Agrama argues that secularism is not a solution that neatly defines religion’s place in contemporary life. Instead, it constitutes a problem-space “wherein the question of where to draw a line between religion and politics continually arises.” Moreover, this question cannot be easily ignored, for it is inextricably bound up with the distribution of liberal rights and freedoms.
In Germany’s case, the state and federal governments, including the one in Bavaria, have adopted the principle that the state is independent of religious institutions and should not invoke or favor one religious tradition over another. The state and federal governments have also affirmed the right of all citizens to express their religious beliefs without undue interference from the state. These commitments are basic elements of German liberal governance, and the presence of the cross in Bavarian courtrooms would appear to complicate if not directly contradict them. To use Agrama’s language, the cross blurs the line between religion and politics, and it raises questions about the substance of the religious freedom that citizens may claim.
As my preceding discussion indicates, proponents of the status quo in Bavaria have tended to finesse these difficulties by insisting that the cross is merely a “symbol.” The cross, they imply, evokes a tradition that has exerted a formative influence on culture and politics in Germany and humanist thinking more broadly, but its presence is ultimately incidental to the legal proceedings and judgments that the state initiates. Moreover, the cross does not “threaten” non-Christians because it does not enshrine Christianity as the state’s religion, and it does not infringe on citizens’ freedom of religious belief or their equality before the law. To an important extent, this logic would seem to deny that the cross, at least in this context, is a “religious” artifact at all.
Of course, we might well wonder whether a symbol that is incidental to legal proceedings really needs to be present in a courtroom in the first place. More importantly, though, we might wish to question the innocence of the cross given the larger context of the case against Beate Zschäpe.
The NSU murders have led many migrants and post-migrants, including those from Muslim-majority countries like Turkey, to doubt their full inclusion in the German nation and polity. Moreover, the climate of lingering distrust surrounding Islam has only sharpened many Muslims’ perception that their faith is not a welcome and integral aspect of German life. Thus, even if the inclusion of a cross is not meant to be a “threatening” gesture, it is hardly a neutral, merely “symbolic” one either.
In the wake of the Arab Spring, many Euro-American commentators have wondered whether the new governments in Egypt and other Middle Eastern countries will be “secular” or “religious.” At least some of them have also maintained that “secular” governments will further the region’s democratization and long-term stability. To my mind, this line of thinking presumes that states in Europe and North America are exemplary polities which have more or less resolved the perplexities of secularism. But if the recent debates over the cross in Germany are any indication, such a judgment is premature if not complacent and self-serving. Even in those polities where secularism seems firmly established, uncertainty and dissension over religion persist. Indeed, such a condition may be the norm that defines secularist structures of power, not their fleeting and aberrant exception.
NOTE: as I was finishing this post, the U.S. Supreme Court announced that it will rule on the constitutional status of prayer in town board meetings, based on a case from Greece, New York. Many of my remarks on the Zschäpe trial are pertinent in this instance as well.
-Jeffrey Jurgens
Violence, and Thinking With Others
“All thought arises out of experience, but no thought yields any meaning or even coherence without undergoing the operations of imagining and thinking.”
- Hannah Arendt, Thinking
In the wake of an extraordinarily brutal punctuation to an extraordinarily brutal year of gun violence in the United States and across the continent, the eye of American politics has finally turned back toward something it perhaps ought never have left, the problem in this country of the private ownership of the means to commit extraordinary brutality.
Perhaps unsurprisingly, public discourse around the problem has descended nearly instantaneously from fractiousness into what could now only generously be termed playground name-calling (to spend millions of dollars to publicly call one’s opponent an “elitist hypocrite” should feel extraordinary, even if it doesn’t). There are many tempting culprits to blame for this fall. The actors, of course, include some powerful players whose opposing ideologies so deeply inflect their understanding of the situation that it is entirely uncertain whether they are in fact seeing the same world, let alone the same problem within it. There is the stage on which the actors play, a largely national media structure whose voracious demands can be fed most easily, if not most effectively, by those who seek the currency of political power in hyperbole and absoluteness of conviction. Finally, there is the problem of constructing the problem itself: is it clear that private ownership of the means of extraordinary violence is so distinct a problem from that of its public ownership and (borderless) use? Can the line of acceptability between means of extraordinary brutality really be settled by types of implements, let alone the number of bullets in a magazine? What are the connections and disconnections between the events – Oak Creek, Chicago, Newtown,… – that have summoned the problem back onto our collective stage, and why had the problem disappeared in the first place when the violence so demonstrably had not? There is something in all of these instincts, but before we rush to decry our national theater (more Mamet than melodrama), it’s worth remembering that the problem is an extraordinary one, and that many of the pathologies of our various reactions to it spring from the same seed as our best resources: the nature of thinking itself.
The rhetoric used in describing the problem of gun violence – formulated so readily and so intractably – coupled with the unavoidable connection of the problem with intense emotion make it tempting to suspect one’s political opponents in this arena of ceasing to think altogether. I will admit to sometimes being convinced that there was no thought at all behind some of the words being splayed across television screens and RSS feeds (not, it should be said, entirely without reason). Arendt, in Thinking, describes thinking and feeling as inherently mutually antagonistic, and whether or not that is true it certainly seems that the tenor and pitch of the vitriol make thinking, let alone conversing, difficult. But that may point to a reality still more sobering than the perennially (and maybe banally) true observation that a great deal of what passes for public discourse did not require serious thought in its formulation: that when we deal with certain kinds of events, and try to engage in the process of translating them and reconstructing them into the form of a problem, we are running up against dimensions of the human experience so extraordinary that they shove us flatly against the limits of what we are able to do in thought. Perhaps the struggle now is less against a chronic inability to think, and more with recognizing the ways in which the limits of how we can feel and see and know – and then think – have created limits not just to how we can understand the problem, but to how we can understand each others’ responses to it.
One permanent refrain in this debate is the culpability of violent media in generating cultures in which, it is said, such extraordinary brutality becomes possible (ignoring, it might be objected, that humankind has shown a rather vibrant aptitude for brutality for quite some time). The newest variation on this theme, which in structure has changed little since its revival by Tipper Gore and Susan Baker in the 1980s, is that violent video games, by wedding the sensation of the rapid pleasures of accomplishment unique to video games with a sense of agency in apparent violence have created a generation desensitized not just to images of extraordinary violence, but to the prospect of committing it oneself. A friend of mine who has good reason to be sensitive was so infuriated at the NRA’s release of a mobile app promoting “responsible gun use” one month to the day after the Newtown shootings that he couldn’t eat for several days.
If it is possible to set aside questions of titanically poor taste and worse (and its not clear that we should), there is something about this way of thinking about the problem of violent imaginaries that reflects what I am suggesting is an issue of pathologies arising from mental necessities.
There is little use denying that being intensively immersed in gaming environments (any gaming environments, and not just violent electronic ones) for extended periods of time can seriously, if usually temporarily, alter a person’s phenomenal experience of their own agency and the realness of the world around them (I confess this as a recovering Sid Meier enthusiast myself). But the concept of de-sensitization is a difficult one in particular because, as Arendt points out, de-sensitization is precisely what thought does, and must do to carry out its work. Nowhere is this more clear than in those cases in which we are confronted with events that seriously strain the possibility of thinking about them at all.
Thinking about tragedies involves a twin process that need not, and should not, lessen the experience of their terribleness…but it always can. That twin process, as Arendt describes it, is one of de-sensation and re-sensation. When we try to think about what has occur, we have to call it up, we reproduce it “by repeating in [our] imagination, we de-sense whatever had been given to our senses.” In remembering, we convert the data of our senses, including our common sense, into objects of thought. We do that in order to make them fit for the preoccupation of thought, our “quest for meaning;” in other words, re-sensation, the process of translation into narrative and metaphor by which facts become truths.
It’s not difficult to see how extraordinary brutality challenges this double operation to the point of impossibility. On the one hand, this model of de-sensation by the reproductive imagination presumes a kind of voluntarism to the recollection, when often, and most especially in the cases like those of immediate victims where the stakes are highest, recollection comes unbidden, and far from de-sensing involves the cruel and incessant reiteration of sense that is renewed in all of its thought-destroying power. On the other hand, extraordinary brutality by its very nature resists re-sensation in proportion to its extraordinariness: to read the trial of Anders Breivik, for example, is to watch a play of the utter failure of not only the killer’s own efforts at narrative, but those of every single speaking person involved. It is not a surprise that these trials test the law’s own limited strictures of re-sensation to the breaking point, which often comes as nothing more than quiet acquittal (as with Mathieu Ngudjolo Chui, in whose case international law was forced to confess the inadequacy of its categories).
What’s more difficult to see is how that terrible challenge presented by extraordinary brutality to our very capacity to think is simultaneously a challenge to our politics, one perhaps graver still for our hope, as Arendt puts it in her Denktagebuch, to share a world with those with whom we must live. Extraordinary brutality makes a shamble of our narrating powers, and the failures of others to make sense of it which incite our scorn – as when, I will admit, even as someone who grew up in a gun culture, I literally cannot make sense of the suggestion that high-capacity magazines would be better combated by their increased prevalence in the school environment itself – are no less replicated by our own attempts, whether or not we can see and admit it. Imagination’s other function, its most political function for Arendt, is to put ourselves in the place of others in order to more fully see the political world that confronts us. If this is true, then it is not our capacity to put ourselves in the place of a killer that most threatens our political capacity to respond, whatever the prevalence of this problem in popular discourse. This may often be an impossibility, but the stakes are much lower than that of the impossibility of putting ourselves in the places of others who are also trying – and like us mostly failing – to respond. In trying and failing to renarrate tragedy in order to construct political problems and solutions, we come up against the limits of our imaginations, limits are themselves defined by the bounds of our prior experiences and our thought itself. When it comes to the world of the gun (and here, I can only urge a look at the truly remarkable The Language of the Gun), we are running up against the reality that contemporary American polity covers experiences of the world divergent to such an extreme – how much, in terms of sensory experience in their personal history do David Keene and Alan Padilla share, really? – that answers truly are being constructed from worlds which, in the senses that matter to policymaking, don’t overlap. And in an environment where that is true, the first, most critical order must be the one that is neglected most: not to analyze why our competing solutions are right or wrong, but to understand why the solutions we are proposing arise from the experiences of the world we have had, including our experiences of the tragedies we cannot re-sense.
Responses cannot be crafted out of worlds that are not shared, and tending to the former requires a kind of tending to the latter that we see vanishingly rarely, thought the torch still carried by a few radio producers and documentary filmmakers. Absent that kind of dedicated world-making – and perhaps that process requires a time and restraint that too is threatened by extraordinary brutality – we will simply be left with what we have, an issue politics without common sense because the only sense that is common, the event, is insensible. When they respond in ways we cannot abide, understanding our political others is an almost impossibly difficult task. It is also one that a polity cannot possibly do without.
-Ian Storey
Hannah Arendt – a film by Margarethe von Trotta.
The new Hannah Arendt bio picture by Margarethe von Trotta has been released in Europe. It will hit theatres in the US in May, although it is making the rounds of festivals now. The good news: “Hannah Arendt” the film is really wonderful. I’ll have more to say about the film at some point soon, but until then we’ll be passing along the most interesting reviews. To get us started, here is a write up by David Owen, who teaches political theory at the University of Southampton. If you see the film and have some thoughts, pass them our way and we’ll post them on the blog.
The opening scene of the film shows the organised abduction of an ordinary-looking older man on a country road before cutting to a woman, obviously European in her movements, listening to classical music in a room whose decor is clearly American. These people are, of course, Adolf Eichmann and Hannah Arendt – and thus the film signals its central focus, namely, Arendt’s relationship to the event of Eichmann’s Trial in Jerusalem and the questions that Arendt’s report and the reactions to it raise concerning the relations of the private and the public, the personal and the political, and, more specifically, the conditions (and wisdom) of a philosopher speaking philosophically about politics in public.
The film’s portrayal of Arendt is unfolded through her relationships, most notably with her husband Heinrich Blücher, her friend Mary McCarthy, her once class-mate and now friend and colleague Hans Jonas, her old political mentor and friend the Zionist Kurt Blumenfeld, the editor of the New Yorker William Shawn, and her former teacher and lover Martin Heidegger. All except the last of these are played out within a linear dramatic narrative that tracks Arendt’s circle from the capture of Eichmann through the trail in Jerusalem to the composition and publication of, and reaction to, Arendt’s New Yorker articles. The relationship to Heidegger is interspersed into the narrative through flashback’s that are Arendt’s memories of her relationship with Heidegger and his disastrous foray into public political speech in the Rectoral Address of May 27th 1933, a public act which he later spoke of privately as ‘die größte Dummheit seines Lebens’ but which he never publically renounced. This figuring of her relationship to Heidegger within the dramatic structure of the film is unfortunate in a number of ways, not least the portrayal of Heidegger as a clownish naïf, but primarily because through the use and positioning of these flashbacks within the film, von Trotta offers an open-ended analogy between Heidegger’s and Arendt’s acts of public speech. Even if von Trotta means only to raise the suggestion, since these flashbacks are Arendt’s, that Arendt reflects on her Report on the Eichmann Trial through the prism of her personal relationship to Heidegger and his own abrogated stress on the necessity of thinking, it gets in the way of the rest of the film which is a beautifully shot and compelling piece of narrative drama with a strong ensemble cast, not least in the sensitive use of documentary footage in the reconstruction of the Eichmann trial.
In different respects, Blücher and McCarthy are presented as Arendt’s supports. Blücher’s wandering eye and philandering (which Arendt is portrayed as accepting as a fact about which it would be hopeless to rail) are offset by his role as loving companion and sounding board for her thoughts. McCarthy is the female confidant, a blousy American whose insecurity in her personal life and work contrasts with and highlights Arendt’s European roots and location in an older tradition.
By contrast, the relationships with Hans Jonas and Kurt Blumenfeld are offered as both deep but also, finally broken, by Arendt’s writing on Eichmann. This is given early expression in, first, an argument between Jonas and Blücher about Eichmann’s abduction to be placed on trial in Israel which foreshadows the more dramatic rupture between Jonas and Arendt – and, second, Arendt’s visit to Blumenfeld’s family in Jerusalem (on her way to cover the Eichmann trial) in awkwardness and already emerging disagreement are covered over by the depth of their friendship. Later, after the report is published, Arendt will dash to Jerusalem to visit a seriously ill Blumenfeld in his sickbed only for him to turn his back to her. The issue von Trotta raises here concerns not so much whether Arendt’s arguments are right or wrong but rather how much one can reasonably ask one’s friends to bear in respect of one’s own commitment to intellectual integrity. For Blumenfeld, Arendt’s remarks on the role of the Jewish leaders in co-operating with the Nazi organization run by Eichmann and hence facilitating the Shoah are a betrayal of the Jewish people. Arendt’s response — that she does not think of herself as having such an obligation — adds only insult to injury. For Jonas, Arendt’s fault is arrogance — and certainly the portrayal of her relationship to William Shawn, an editor overwhelmed by awe at Arendt which she shows no compunction in exploiting, is given as testimony to this side of her character. This issue is raised for us acutely by the climax of the film to which I’ll come shortly but there are two other features that deserve comment first.
The first is the presentation of the charge made against Arendt by her public critics that she is cold, without feeling, and McCarthy’s defense of her as simply having a courage that her critics lack, in the context of a portrayal of Arendt among students and friends as a caring and humorous person who, at one point, privately breaks down in the face of the reaction to her report. The second is the portrayal of the process of composing her writing of Eichmann which combines two elements: the engagement with a vast mass of empirical material, piles of folders of paper (court transcripts, etc.) are arranged around the study and apartment, and the difficulty of writing: Arendt sits reading and is haunted by voices from the trial, she spends a lot of time lying down on a divan smoking endless cigarettes, she types in a controlled frenzy. Here it seems to me that the film is linking these features in a way that is insightful and important, namely, that Arendt had to steel herself to write her report at all, that she had to set aside her own feelings and relationships to others in order to be able to try to serve truth, that intellectual conscience (redlichkeit) makes demands that are hard to bear. In this sense, the film suggests that the critics (who remind me of Martha Nussbaum on tragedy) are right to see her writing as cold and without feeling but quite wrong in their judgment of the significance of this fact and the courage that the writing required of her. At the same time, her response to William Shawn that her writing about the Jewish leaders was purely factual raises for the viewer the question of whether she has lost the ability to discriminate between her judgment and facts in this process. In making this point, the film does not attempt to adjudicate the question of whether Arendt was right or wrong to write the report that she composed, rather it tries, I think compellingly, to make intelligible how she could come to speak in the way that she did (it may also explain why she was entirely unconcerned that Eichmann was hanged).
Let me now turn to the climax. As the drama following the publication of her report unfolds, Arendt is presented as treating from public space and, against McCarthy’s advice, refusing to engage publically with the criticisms directed at her work by critics for whom she has no intellectual respect (echoes of Heidegger’s postwar silence are raised here). When she returns to The New School, at that time almost entirely a Jewish institution, her colleagues shun her and she is asked to resign from teaching her classes which she refuses to do — but she does acknowledge an obligation to the students, who have supported her (and whom the film portrays her as feeling responsible to, for example, in the scene where McCarthy arrives at her class to tell her that Blücher has had a heart attack and is in hospital, and her first shocked reaction is to return to finish her class). When she has offered her explanation to a lecture hall packed with students and the three staff before whom she was hauled for dressing down and discipline, she rebuts – albeit not wholly convincingly — the charge by a staff member that she is blaming the victims for their own victimhood and is given rapturous applause by the students. As they leave, she sees that Hans Jonas is also in the audience. His face, in a bravura piece of acting by Ulrich Noethen, gives us no clue as to what is to come next but seems to express a process of internal struggle. Arendt goes to him, hopeful that her explanation will have healed the rupture of their friendship, but far from it — Jonas rejects her account, she has gone too far, and, in a bitter expression of the end of their friendship, refers to her as “Heidegger’s little darling”.
The question raised by this film is that of ‘thoughtlessness’. Arendt presents Eichmann as a creature who cannot think, for has abdicated the realm of thinking, and at the same time she sees Heidegger as a philosopher whose movement into the public realm is marked by a shift to thoughtlessness (a view that allows her to continue to engage Heidegger’s philosophical work after 1933 in contrast to Jonas). Is Arendt similarly ‘thoughtless’ is her reflections on the Jewish leaders? The film asks us to consider this question but not, I think, quite in Arendt’s sense of thoughtlessness but in the broader sense that underlies it. Her commitment to understanding, to making intelligible, to truthfulness is given clear expression as too are the demands this makes on her — but what about the demands that this makes on her friends, is there not a kind of thoughtlessness here? Is there not a kind of thoughtlessness in her failure to anticipate the entirely predictable response to her moralized interpretation of the role of the Jewish leaders, whose cooperation with the Nazis, she writes, should strike Jews as the darkest episode of a dark chapter of human action?
I don’t think that the film ultimately takes a stance on this issue – rather it raises for us the question of the relationship of Arendt’s sense of thoughtlessness to our ordinary sense of that word. And it must be noted that while Arendt’s thesis concerning the banality of evil is a fundamental insight for moral philosophy, she is almost certainly wrong about Eichmann. As David Cesarani and, more recently, Bettina Stangneth have compellingly argued, Arendt was — like almost everyone else — taken in by Eichmann’s strategy of self-presentation in the trial as a nobody, a mere functionary, a bureaucratic machine. Yet the evidence of Eichmann’s commitment to Nazism and, contra Arendt, his commitment to anti-Semitism that has emerged in more recent years, especially well-documented by Stangneth’s study Eichmann vor Jerusalem, suggests that Jonas was right — Eichmann was a monster who hated Jews. The film is composed in a context in which we, and von Trotta, know this — and I think the film’s refusal to resolve the issues that it raises is precisely an acknowledgement of this context. In this respect, Thomas Assheuer’s review in Die Zeit which suggests that Arendt’s reading of Eichmann was directed against that of the Israeli Prime Minster David Ben Gurion who represented him as a monster of evil for ideological purposes may have some force but not against the film. Rather the film leaves us with questions concerning the relationship between friendship and the service of truth, of emotional life and the conditions of writing truthfully, and of the conditions and costs of public speech.
—David Owen
Eichmann’s Jews
Doron Rabionvici is an eclectic figure, an Israeli-born novelist who lives in Vienna; he did his Ph.D. thesis in history on the collaboration of Austrian Jews with the Nazis during WWII. In a recent lecture at the Burg Theatre in Vienna, Rabinovici brilliantly evokes the nostalgia of Viennese and European Jews who return to Austria in search of never-existent and yet glorious past, a time in which people of many languages and nationalities met daily at a crossroads of cultures and tongues. His fascination with the past is evident as well in Instanzen der Ohnmacht (roughly Administration of the Powerless), his Ph.D. thesis that was published in 2000. Now twelve years later this thesis has been translated with the much more inflammatory title: Eichmann’s Jews: The Jewish Administration of Holocaust Vienna, 1938–1945. The title, and the book, refer of course to Hannah Arendt's insistence upon holding the Jewish leaders of Europe accountable for their collaboration with the Nazis.
I haven't read Rabinovici's book, but Christopher Browning has a fascinating review in the latest NYRB. Here is Browning's description of the opening:
The book begins with a telling prologue in which we encounter two Jews, Wilhelm Reisz and Oscar Reich, who were tried and convicted after the war for zealous collaboration. The former, sentenced to fifteen years, immediately hanged himself; the latter was executed. Both men, under real and imminent threat of death, had survived by making themselves useful to the Nazis and doing terrible things to other Jews. But in comparison their Nazi superiors—those with real decision-making power and not subject to lethal coercion—received much lighter sentences. The courts in question, Rabinovici notes, simply could not grasp how “victims” became “involved in the crime under coercion” and “threat of death,” and thus found their behavior more “reprehensible and disgraceful” than that of the Nazis who were the ones truly responsible.
Despite the provocative reference to Eichmann in the title of his book, Rabinovici is concerned to largely defend Jewish officials who collaborated during the war. He writes: “The study of the attitudes of Jewish victims under the destructive regime is always in danger of turning into a complacently moralizing reproach, shifting the blame for the crimes to the victims.” He insists that “a clear distinction must always be made between perpetrators and victims, between the power of authority…and the powerless.” His book is, it seems, an effort to bring factual nuance to bear on the question of Jewish collaboration; he seeks to defend and exculpate Jewish leaders from what is often, wrongly, considered to be the single-minded force of Arendt's condemnation.
Browning rightly sets Rabinovici's book in the context of Hannah Arendt's coverage of the Eichmann trial. Above all Browning focuses on what Arendt calls the darkest chapter of the Holocaust, the “role of the Jewish leaders in the destruction of their own people.” For Browning,
Perhaps the single most infamous sentence in her provocative book, she wrote: “The whole truth was that if the Jewish people had really been unorganized and leaderless, there would have been chaos and plenty of misery but the total number of victims would hardly have been between four and a half and six million people.
Arendt's account is often subjected to oversimplification. Peter Gordon has called Arendt's speculation "absurd" and "wildly irresponsible." Deborah Lipstadt has recently argued that Arendt wrongly describes Jewish leaders without distinction. And yet Arendt does make distinctions, praising "Adam Czerniakow, chairman of the Warsaw Jewish Council, who was not a rabbi but an unbeliever, a Polish-speaking Jewish engineer, but who must still have remembered the rabbinical saying: 'Let them kill you, but don't cross the line." Too frequently forgotten is the fact that Arendt's claim is not that all Jewish leaders collaborated, but that those who did so in such a way as to help themselves and their family and friends, and those who thought that they had the right or the duty to select other Jews to be killed in the hope of some greater good, crossed a line that must not be crossed. One can argue that Arendt's tone is too strident. One can disagree with Arendt's moral belief that it is better to suffer wrong than to do wrong; and surely she made factual mistakes. But it is hard to sustain the argument that she summarily blames all Jews or Jewish leaders. Instead, she calls for honest judgment in each particular instance.
Browning is a voice of reason amidst the extremists who alternatively condemn and defend Arendt's moral judgment of Jewish collaborationists. He insists upon the "historical and moral complexities of the response of Jewish leaders and functionaries." And he points to necessary accounts by two, Primo Levi and Lawrence Langer. Levi warned against "the “simplification” of reducing the “network of human relations” in the camps to “two blocs of victims and perpetrators.” He writes that “An infernal system such as National Socialism ... degrades [its enemies], it makes them resemble itself.” And Langer gives us the "indispensable notion" of "“choiceless choices” to capture another infernal aspect of Nazi rule, in which the absolute asymmetry of power meant that the Germans could insidiously and consciously design situations in which Jewish leaders never had the choice between good and bad or even lesser and greater evil, but only between catastrophically disastrous alternatives."
Rabionvici's book starts in 1938 when the Nazis enter Vienna and a young Adolf Eichmann
restructured the Jewish community organization (Israelitische Kultusgemeinde or IKG) to facilitate expelling the Jews of Austria. Jewish authorities who could have left but stayed to serve their community were transformed from elected representatives into Nazi appointees and charged with accelerating Jewish expulsion, especially through finding ways to fund those Jews without the means to emigrate, while the Austrian Jews were simultaneously being systematically plundered and impoverished.
The book follows Eichmann's efforts but focuses on those Jewish leaders who served him. Rabionvici describes how the Nazis ordered Jewish "marshals" to help "in rounding up recalcitrant Jews, bringing them to the collection points, and guarding against any escape." As Browning summarizes,
Initially, Josef Löwenherz, the head of the IKG, refused to submit to this Nazi demand in November 1941, but the Nazis then recruited their own thugs to conduct the roundups in the most brutal manner, and Löwenherz relented so that “decent” people could be assigned to the task. As the continued exemption of the so-called “lifters” (Ausheber) depended upon total compliance and fulfillment of their assigned quotas, not surprisingly those being deported did not think their actions “decent.”Löwenharz, as much as he may have sought to help others, also helped himself as both he and his deputy, Benjamin Murmelstein, survived the war in Vienna.
For Browning, the need in any book on Jewish leadership during the Holocaust is to "navigate the treacherous waters between the Scylla of blanket condemnation and the Charybdis of apologia." He lauds Rabionvici's effort to understand the complexities of the situation. And yet Rabionvici fails, Browning writes, because he "veers ever closer to apologia as his arguments take on an increasingly exculpatory tone on the one hand or are simply bizarre and contradictory on the other."
Browning's essay is essential reading. It should also make you want to read Rabionvici's book. As I sit on the beach in Westport, Ma, I am ordering my copy today. The book and the essay are, together, your weekend reads.
-RB
Contending with Youth Crime

There has been much attention paid to the arguments before the Supreme Court concerning the 2010 health care law. And such attention is entirely justified, for the upcoming decision will have a decisive impact on the availability and quality of medical care for millions of Americans. But we should not forget another question that has recently come before the Court: whether it is constitutional for states to sentence juvenile offenders to life without the possibility of parole.

This case raises important questions not only about the purpose of criminal prosecution and incarceration, but also about our conceptions of personhood and the legal, moral, and other boundaries we construct between youth and adulthood. These issues have been on my mind a great deal these days: as part of my work with the Bard Prison Initiative, I am currently teaching a writing-oriented anthropology course entitled “Youth and Youth Politics” to two groups of incarcerated students. But they came even more pointedly to the fore as I was listening to the March 24th edition of NPR’s “All Things Considered.” This broadcast reported on a recent gathering that brought families of victims together with families of offenders sentenced to life without parole for crimes they committed as teenagers. Significantly, all those in attendance hope that the Supreme Court would declare such sentences unconstitutional.
If you have not already heard the report, I would recommend that you take a listen (and not merely read the text available on the NPR website). Aside from the power of the emotions expressed, I appreciate the way it neatly outlines and complicates the terms of debate. On the one hand, it presents the viewpoint of Scott Burns, head of the National District Attorneys Association, who sketches the potential reasons for long criminal sentences in starkly dichotomous terms. “Is it the goal [of prosecution and incarceration] to rehabilitate someone to see if they change? Or is the goal to do justice for the victims and others?” He inclines to the latter position, as is evident in the brief he filed that urged the Court not to overturn life sentences without parole.
On the other hand, the NPR report also includes the perspective of people like Mary Johnson, a mother whose son was shot and killed at a party by a sixteen-year-old boy. In the immediate aftermath, she regarded her son’s killer as an “animal”: “I wanted him charged with first-degree murder, imprisoned for the rest of his life.” But she now contends that retribution and rehabilitation cannot be easily separated from one another, and she suggests that offenders should not be defined for the entirety of their lives by the crimes they committed as young people.

This report does not offer nuanced arguments for one position or another on the constitutionality of life sentences without parole. But by providing a vivid account of how some people have sought to work through, and live with, the conundrums of “juvenile crime,” it offers a useful starting point for reflecting on our own moral intuitions.
You can listen to the excerpt here.
-Jeff Jurgens
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