A Persistent Difficulty In Teaching Philosophy Of Law

This semester, I’m teaching Philosophy of Law–again. My syllabus, as always, is a new one, and reflects an altered orientation and focus from those of days past. The current edition is fairly simple: it kicks off with Lon Fuller‘s ‘The Case of the Speluncean Explorers,’ excerpts from H. L. A Hart‘s The Concept of Law, Justice Oliver Wendell Holmes‘ ‘The Path of the Law‘ and then moves on to a selection of readings from Alan Hutchinson’s edited collection Critical Legal Studies. And yet again, I’m finding that I have a very hard time explaining or making comprehensible or plausible the distinction between natural law theories of the law and legal positivism, or indeed, even making clear what those theories are.

On the face of it, this should not be too difficult: natural law theories insist on a conceptual connection between law and morality such that legal obligation is a species of moral obligation; positivists, treating law as a matter of social fact, separate law from morality, and find legal obligation grounded in posited social arrangements and their resultant expectations.

But year after year, semester after semester, I find that I cannot get this distinction across clearly. Rest assured, I do not employ the language of the paragraph above, which is quite formally stated. But no matter what language I use, what instructive examples I use–I always kick off my classes on this distinction by asking students to provide me examples of “something that is legal but would be considered immoral by some and something that is legal but would be considered moral by some”–and of course, I offer extensive exposition and encourage discussion of the texts we use, many of my students’ responses–written and oral–make it quite clear the central concepts involved in making the distinction between natural law and positivist theories of the law clear are, in point of fact, not so. (Sometimes I’m tempted–because of my formal education–to say that natural law theorists say that “no matter how you define law, you are going to have morality somewhere on the right hand side”; I can only occasionally resist this temptation.)

I do not think this is my students’ fault. I suspect this is because over the years I’ve come to suspect I don’t understand the supposedly clear-cut distinction myself, especially as I’ve come to believe that natural law theories can in fact be subsumed under positivist theories: a system of morality and the particular moral principles it entails are a kind of social fact, one that has resulted from the ongoing evolution of a particular social formation; the moral principles that we take to be true at any given instant, the ones that command our obligation and allegiance and that help preserve key social distinctions and help realize socially desired ends; natural law theories can then be understood as claiming the social fact of morality as the one that underwrites legal claims and obligations; in this light, you don’t get out of the historically contingent particulars of the social into some transcendent realm of morality. (Or you could give natural law and positivism a Nietzschean twist by claiming as Nietzsche did in The Genealogy of Morals that morality is derived from law.) As Hart had noticed in his Concept of Law, the theory of law he presented did not say anything about the content of rules; they could be amoral or moral. Understood in this light, natural law theories can be understood as both descriptive i.e., making the claim that legal systems do indeed, always strive for moral content in their  laws or prescriptive i.e., legal systems should include moral content in their rules. Where natural  law would then turn out to be false is that they would not capture crucial features of extant legal systems; they would have attempted to make their descriptions exhaustive, capturing some supposed conceptual connection, and failed in the process. This fact, and the distance it puts between a natural law vision of the law and the postivist vision would still be worth pointing out.

Thus far, I have not succeeded in making myself clear though. I’ll keep trying.

Getting The ‘Rorty’ In The ‘Putnam-Rorty Debate’ Wrong

In his essay on Hilary and Ruth Anna Putnam in The Chronicle of Higher Education, Tom Bartlett writes of the ‘famous’ Putnam-Rorty debate as follows:

The crux of their dispute centered on how far to take pragmatism. [Richard] Rorty thought that the things we believe to be true aren’t actually connected to reality: There is the stuff we say, and then there is the actual world, and never the twain shall meet. We agree on certain conventions in order to function, but we’ll never arrive at anything like truth. Putnam meanwhile held to the idea, as he wrote, that “there is a way to do justice to our sense that knowledge claims are responsible to reality.” In other words, it was possible, as he saw it, to be a pragmatist without jettisoning truth altogether.

In ‘Getting Rid of the Appearance-Reality Distinction,’ Richard Rorty wrote:

Only philosophers take seriously Plato’s distinction between Reality with a capital R and Appearance with a capital A. That distinction has outlived whatever usefulness it may have had. We should do our best to get rid of it.

If we did so, we should no longer wonder whether the human mind, or human language, is capable of representing reality accurately. We would stop thinking that some parts of our culture are more in touch with reality than other parts. We would express our sense of finitude not by comparing our humanity with something nonhuman but by comparing our way of being human with other, better ways that may someday be adopted by our descendants. When we condescended to our ancestors, we would not say that they were less in touch with reality than we are, but that their imaginations were more limited than ours. We would boast of being able to talk about more things than they could. [New Literary History, 2016, 47: 67–82.]

What this excerpt, and indeed, the title of the paper it is excerpted from, show is that Rorty did not think the “the things we believe to be true aren’t actually connected to reality”–rather, he thought that the notion of ‘actually connected’ and the ‘actual world’ was incoherent, that ‘reality’ was only of concern to those who believed in the separation between what we thought and the way the ‘actual world’ ‘really, really is.’ Rorty considered one of the primary planks of his ‘neo-pragmatism‘ to be the dismissal of any such separation and with it, a whole host of issues that were of interest to the ‘traditional philosopher’: the epistemological worry about whether our theories of the world were a ‘good representation’ of it, the gap and relationship between ‘world and word’, the realism-anti-realism debate, the nature of the ‘justification’ of our beliefs by the ‘actual world.’ The correspondence theory of truth and metaphysical realism are not false or mistaken theories for Rorty; they are just besides the point, the result of a philosophical mistake of sorts, set right by the dismissal of the appearance-reality distinction. The extremely reductive description above Rorty describes him, at best, as a kind of crude anti-realist, and Rorty was anything but.

Tesla’s ‘Irma Update’ Shows The Dangers Of Proprietary Software

By now, you know the story. Tesla magically (remotely) updated the software of its cars during Hurricane Irma:

Tesla remotely sent a free software update to some drivers across Florida over the weekend, extending the battery capacity of cars and giving extra range to those fleeing Hurricane Irma.

According to reports, the update temporarily unlocked the full-battery potential for 75-kilowatt-hour Model S sedans and Model X SUVs, adding around 30 to 40 miles to their range.

“Cars with a 75-kilowatt-hour battery pack were previously software limited to 210 miles of driving range per single charge and will now get 249 miles, the full range capacity of the battery,” the company wrote on a blog.

As is evident from this description, the software regulating battery life is ‘autonomous’ of the user; the user cannot change it, or tweak it in any way to reflect changing user needs or driving conditions (like, say, the need to drive to a distant point in order to escape a potentially life-threatening change in the weather.) In short, the software that runs on Tesla’s cars is not ‘free‘–not in the sense that you have to pay money for it, but in the sense that you cannot do what you, as the user of the software, might or might not want to do with it: like share it, copy it, modify it. If the user needs ‘help’ he or she must wait for the benevolent corporation to come to its aid.

We, as software users, are used to this state of affairs. Most of the software we use is indeed not ‘free’ in this sense: the source code is kept a trade secret and cannot be inspected to figure out how it does what it does, the binary executables are copyrighted and cannot be copied, lastly, the software’s algorithms are patented. You cannot read the code, you cannot change it to better reflect your needs, and you cannot make copies of something you ‘own’ to give it to others who might need it. As software users eventually come to realize, you don’t ‘own’ proprietary software in the traditional sense of the term, you license it for a limited period of time, subject to many constraints, some reasonable, others not.

In an interview with 3AM magazine, while talking about my book Decoding Liberation: The Promise of Free and Open Source Software I had made note of some of the political implications of the way software is regulated by law. The following exchange sums up the issues at play:

3:AM: One aspect of the book that was particularly interesting to me was your vision of a world full of code, a cyborg world where ‘distinctions between human and machine evanesce’ and where ‘personal and social freedoms in this domain are precisely the freedoms granted or restricted by software.’ Can you say something about what you argued for there?

SC: I think what we were trying to get at was that it seemed the world was increasingly driven by software, which underwrote a great deal of the technology that extends us and makes our cyborg selves possible. In the past, our cyborg selves were constructed by things like eyeglasses, pencils, abacuses and the like—today, by smartphones, wearable computers, tablets and other devices like them. These are all driven by software. So our extended mind, our extended self, is very likely to be largely a computational device. Who controls that software? Who writes it? Who can modify it? Look at us today, tethered to our machines, unable to function without them, using software written by someone else. How free can we be if we don’t have some very basic control over this technology? If the people who write the software are the ones who have exclusive control over it, then I think we are giving up some measure of freedom in this cyborg society. Remember that we can enforce all sorts of social control over people by writing it into the machines that they use for all sorts of things. Perhaps our machines of tomorrow will come with porn filters embedded in the code that we cannot remove; perhaps with code in the browsers that mark off portions of the Net as forbidden territory, perhaps our reading devices will not let us read certain books, perhaps our smartphones will not let us call certain numbers, perhaps prosthetic devices will not function in ‘no-go zones’, perhaps the self-driving cars of tomorrow will not let us drive faster than a certain speed; the control possibilities are endless. The more technologized we become and the more control we hand over to those who can change the innards of the machines, the less free we are. What are we to do? Just comply? This all sounds very sci-fi, but then, so would most of contemporary computing to folks fifty years ago. We need to be in charge of the machines that we use, that are our extensions.

We, in short, should be able to hack ourselves.

Tesla’s users were not free during Irma; they were at the mercy of the company, which in this case, came to their aid. Other users, of other technologies, might not be so fortunate; they might not be the masters of their destiny.

Political Tactics, Antifa, And Punching Nazis

In response to my post ‘Punching Nazis in the Face and Anti-Antifa Critiques‘ a friend of mine offered some critical responses on Facebook; these responses have offered me an opportunity to try to express my original claims more clearly. My responses are below. (Excerpts from my original post are indented in plain text; my friend’s responses are italicized.)

Continue reading “Political Tactics, Antifa, And Punching Nazis”

Nietzsche As Pragmatist

Nietzsche is a pragmatist with strong resonances with the American pragmatists; this is not a new claim. Renè Berthelot, for instance, termed Nietzsche “a German pragmatist” and emphasized the resemblance between Nietzsche’s perspectivism and the pragmatist theory of truth.[1][2] The resemblance between Nietzsche and the American pragmatists [3] is made especial note of in Arthur Danto‘s Nietzsche as Philosopher, which bids us examine The Gay Science. There, as Danto notes, Nietzsche claims that “we `know’…just as much as may be useful in the interest of the human herd” and that our primary epistemic concern is “how far a belief furthers and supports life, maintains and disciplines a species.” Nietzsche’s epistemological strategy has clear entailments for his ontology: what we believe exists is a function of how useful that belief is; metaphysics and epistemology are inseparable. Questions of ontology for Nietzsche are questions of human interests; they do not address the ‘ultimate nature of being,’ to anything unconditioned, to “something which would be true, absolutely and unconditionally, outside of all temporal and perspectival conditions.”

For Nietzsche, perspectives, interpretations, constitute our epistemological relationships with the world completely, rendering talk of distortions of reality unintelligible. Thus, marking the beginning point for pragmatic evaluations of theoretical formulations, our dominant perspective and its attendant ontology are the most “useful and necessary.” Morality and our moral theories too, allow a life-preserving way of living and interacting with this world. Morality becomes one of our many perspectives; but there are no moral phenomena or facts—all we have are “moralistic interpretations of phenomena.” Nietzsche thus dismisses the fact-value distinction—as a pragmatist might—because there are no facts, only interpretations guided by our interest-driven values. Such values come to constitute our sense of ourselves for “evaluation is creation.”

As Danto notes, Nietzsche claims there is “an inescapable tendency on our part to posit entities—to think in terms of things—and to regard the world as characterized by ‘unity, identity, permanence, substance, cause [and effect], thinghood and being.”[4] This positing tendency, the hallmark of theory construction, leads to perspectives which speak of, and manipulate these entities in their claims; these perspectives are sustained by their success in helping achieve our ends; utilizing these concepts ‘works for us’ in furthering our collectively determined ends.

Nietzsche’s perspectivism entails all terms are theoretical. The supposed contrast between theoretical terms and constructs and the objects of ‘common sense’ now vanishes; the solid object we bump up against is a theoretical posit within the perspective termed ‘common sense.’ We construct a world and its attendant reality—for ourselves, the theory’s proponents—by constructing a theoretical world indispensable for the forms of life we lead. The acceptance of these ‘articles of faith’ and their indispensability hints at the theoretical resilience of these entities. Nietzsche thus urges a pragmatic understanding of concepts like ‘cause’ and ‘effect’ as “conventional fictions.” Concepts are creative, ways by which we can fashion a new being, a new form of life.

Nietzsche’s perspectivism—human needs constitute the world for us—rejects metaphysical realism, preferring a view in which a dynamic always-becoming world is theorized into a form suited to our purposes.  Perspectives are interpretations; they make some statements true and not others but none is privileged–absolutely–above the others. In Nietzsche’s ontological view “the world is a mere fiction, constructed of fictitious entities” (The Will to Power, 568); these entities are invented to suit our ends. The entities Nietzsche considers ‘fictitious’ includes “substance, soul, (ego, philosophical subject), synchronic and diachronic identity, being, thing, cause and effect, duration, and materiality.”[5] Our language—a theory with its theoretical terms, its ‘fictions’—is a function of our means and ends and interests and bears the mark of our social activities and organizations, its service of particular ends and ways of life. Those forms of life determine the metaphysics the language necessitates. (For instance, the view that “the self is a substance that is identical over time and is that which acts and is the agent of moral responsibility” is ‘required’ by law and adopted in its ontology. )

For Nietzsche ‘things’ do not exist independent of perspectives; objects—the members of an ontology—exist within theories; they do not have character independent of them. Our concepts carve up the world according to our interests; they give us a lens through which we may categorize and make comprehensible the world.  Our interests dominate our theoretical presumptions; we assess explanations by their consonance with those interests and our values.

The trail of the human serpent is thus over everything.

Notes:

[1] (http://www.nytimes.com/books/first/d/dickstein-pragmatism.html

[2] Resonances with the pragmatist theory of truth may also be found in In Truth and Lies in a Nonmoral Sense.

[3] These resonances between Nietzsche and the American pragmatists have been exhaustively explored in Jennifer Ratner-Rosenhagen’s magisterial American Nietzsche.

[4] (Danto, 86) 

[5] (Danto, 60-61)

Punching Nazis In The Face And Anti-Antifa Critiques

A week or so ago, shortly after the murder of Heather Heyer in Charlottesville, I asked on my Facebook page: “Is it OK to punch a Nazi in the face? Asking for a Virginian friend.” As might have been expected this semi-serious query sparked an interesting discussion in the course of which one of my friends asked me to clarify on when I thought the use of violence was justified–against the kinds of folks who marched in Charlottesville or against folks like Richard Spencer, who did indeed, get punched in the face. My reply went as follows:

I do think that Nazis create a greater threat than other instance of ideology on two legs, and will amplify and make that threat more manifest in a manner that will prompt violence directed at them – I’m OK with that violence. If I see a Nazi rally in my street, and a couple of goons screaming in my daughter’s face, I will fucking punch them. It it possible then that I will suffer Clanton’s fate, but I will plead in my defense, that I was protecting my daughter from ‘assault.’ And I will have a good legal case for doing so – Nazis, too often, behave in ways that constitute ‘assault’ – technically. They’re asking for punches.

My reply clarifies something about the nature of the so-called ‘violence’ directed at Nazis by Antifa, and responds to the various critiques directed at those who have ‘clashed’ with the various brands of white supremacists who have started to emerge, in increasing numbers, from the woodwork. The following points, I think, are salient, and build on it:

  1. Violence takes many forms; current critiques of Antifa fetishize physical violence, the actual meeting of flesh vs. flesh; they fail to address the violence present in a relentless pattern of intimidation and abuse and overt exertions of power. These critiques are blind in a crucial dimension; they take their eyes off the content and the history of Nazi/white supremacist speech and action; they do not examine their impact of those that bear the brunt of these. The legal definition of ‘assault’ is more catholic: it admits of more forms of violence, and allows for a greater range of actions in response.
  2. For many folks, the sight of Nazis marching in the streets, calling them sub-human, demanding they leave their homes and ‘go back’ to where ‘they came from,’ is already assault. Nazis don’t offer political critique: they reduce my humanity. (Read the Daily Stormer if you doubt this.) If they attempt to do that to my daughter, I will not wait for them to start swinging. I’ll start swinging first; there is, no, I repeat, no, talking with Nazis. I will not allow my daughter to be ‘assaulted’ by Nazis; more to the point, I will not rely on the goodwill of the police or the state to protect me. They have already made clear they will not defend my family or me. The daily news assures me of their non-cooperation in this matter. Indeed, I expect that they will stand by and let violence be done to me.
  3. Unsurprisingly most objections to the Antifa originate in ‘moderate whites’–the same folks that Dr. Martin Luther King Jr. described as being the greatest barrier to the civil rights  movement–these folks do not feel physically threatened in the same way that people of color are when Nazis and white supremacists march through their neighborhoods; they have not been subjected to the daily rituals of aggression that people of color are. They do not have their accent remarked on, they are not asked to repeat themselves, they are not subjected to relentless, ignorant queries that betray a lack of cultural sensitivity and an overwhelming ignorance that is anything but benign. Sexism, racism, misogyny, transphobia, Islamophobia; these all exert a daily toll that most ‘moderate whites’ do not experience or understand. As James Baldwin pointed out a long time ago, thanks to segregation, which continues today, most whites know nothing about their fellow black citizens; they do not know what they feel, how they feel, what they think or how they think. Offering political advice on  how to conduct protests to this community is an act of political hubris. So is offering political advice to those who, by their actions, act to reduce the daily intimidation experienced by people of color.
  4. Every single call to denounce the Antifa and their tactics abdicates political agency: if the Antifa do X, then our political opponents will do Y, and we can do nothing about it. There the discussion stops; there is no talk of whether there are any substantive countermoves to Y. The propaganda countermeasures that say that violence on ‘both sides’ will be condemned cannot be combated; the state’s crackdown–now justified because of Antifa’s violence–cannot be resisted. Our only option is acquiescence in the face of precisely those some propaganda countermeasures and the same state crackdown that are already visible today. Here, the moderate white’s imagination breaks down. He cannot imagine a political move in response; all is lost. The ‘other’ will act, and ‘we’ will simply be subject to their actions. We, through our actions and speech, can do nothing in response. This is not political critique; this is surrender.
  5. This is a country in the grip of an ongoing large-scale human rights violation and moral atrocity called ‘mass incarceration’; in this country, police can arrest, assault, harass, imprison, and kill people of color at whim with no accountability; this is the world in which ‘moderate whites’ want the antifa to be treated as morally equivalent to the marching Nazis and for those who seek to combat their violence. In this country, white supremacists control the government and its other branches; here, the moderate white would like the Antifa to keep on marching, keep on checking to see if the ‘moderate white’ approves of their tactics–the moderate white will continue to wait for the non-existent perfect protest, made at the right time, in the right place, in the right way.
  6. Here is a thought experiment concerning 1930s Germany: What would have happened if German Antifa had indeed come out swinging against the Nazis? What if every time the Nazis had held a rally, they had been greeted, not just with overwhelming numbers, but with a swift punch to the face every time one of them opened their mouths to pronounce their murderous ideology? What if that ‘violence’ had indeed overwhelmed the Nazis in Germany? Perhaps the problem with the violence directed against the Nazis in 1930s Germany was that there simply was not enough of it. Twelve years later, German cities had to be reduced to ashes.

On Being A Bully

In the long list of personal moral failures for which I will have to atone, participating in schoolyard and dormitory bullying–even if only briefly, and in attenuated fashion–must rank among the very worst. The only exculpation I can offer in my defense is that I was young, but all bullies in school are; I’m afraid there is little room for forgiveness here. More to the point, I’ve never forgotten the stricken look on the faces of my victims; they will haunt me as few other memories of mine do. I remember both their names; I hope they’ve forgotten mine.

In the fifth grade, my class included a young boy who seemed ‘different’ from us; he dressed a little oddly, spoke in a slightly different voice. He was, in short, a ‘painted bird.’ His minor dissimilarities, his tiny quirks and idiosyncrasies, were enough to produce an avalanche of ridicule directed at him. I watched all of this with a bemused air; I had suffered from some bullying myself earlier, and I knew I didn’t like it. I sympathized with him, but I did not intervene. Neither did I join in. And yet, watching his watching his trials and tribulations did not make me more sympathetic to him, more eager to come to his aid; instead, it seemed to produce a weakening of my moral fiber. One day, in the schoolyard, as we milled around in the break, the hazing grew worse; my classmates seemed to be taking turns in harassing the kid. And then, finally, I snapped; caught up in the madness, I laughed at him, pushed him around, I joined the gang for a little bit of fun. Fortunately, he ran away, off to a distant corner, seeking relief till the bell announcing the end of the break rang. His expression that day jolted me out of my brief exultation; I knew what I had seen, and I knew it was not a feeling I would ever want to be subjected to. I never harassed him again; at year’s end, I changed school and never saw him again either.

In the ninth grade, shortly after I had begun what would turn out to be a two-year stay at a boarding school, I found another ‘victim’; this time, a youngster who had become the target of choice for those in my dorm. He was a ‘freak,’ a ‘weirdo,’ his pinkie finger, thanks to an old injury, standing upright and provoking peals of hilarity; no one spoke to him, and the few interactions he had with others seemed to be dominated by mockery and ridicule. Again, less honorably, trying to fit in, trying to make new friends, trying to show I belonged here, I joined in; it was how I thought I would show I could hang with the rest. My joining the gang of his tormentors only produced a hurt look or two from this youngster; he had, after all, stayed out of the fray when I had been hazed on my arrival at the boarding school. I was a bully and an ingrate, a thought which soon brought an end to any participation in bullying on my part. I retreated, chastened, alarmed by my failure of kindness.

These transgressions were perhaps minor, but they still serve to induce shame; I was often bullied and assaulted in school; the thought that I could ever have done anything to create a similar atmosphere of terror for another youngster filled me with despondence then, and it still does. Now, as a parent, I await the higher grades for my daughter with some trepidation; she will face challenges considerably more onerous than mine. I can only hope she does not encounter too many folks like mine who lost their bearings along the way.

‘Passing for Pakistani and the Two-Nation Theory’ At Three Quarks Daily

My essay ‘Passing for Pakistani and the Two-Nation Theory‘ is up at Three Quarks Daily.

Fascism And The Irrelevance Of ‘Truth’

Yesterday, a former student wrote to me, asking for clarification on something he had read in an online discussion group:

We [Fascists] don’t think ideology is a problem that is resolved in such a way that truth is seated on a throne. But, in that case, does fighting for an ideology mean fighting for mere appearances? No doubt, unless one considers it according to its unique and efficacious psychological-historical value. The truth of an ideology lies in its capacity to set in motion our capacity for ideals and action. Its truth is absolute insofar as, living within us, it suffices to exhaust those capacities. [From: Gregory J. Kasza, “Fascism from Above? Japan’s Kakushin Right in  Comparative Perspective,” in Stein Ugelvik Larsen, ed., Fascism Outside Europe (Boulder, Colorado: Social Science Monographs, 2001)]

My student asked:

What is being implied about fascism and ideology? What is being said from “fighting for an ideology means fighting for mere appearances?” Is the author implying that to the fascist, truth cannot be unquestioned and as a result, can potentially change?

I have not been able to procure a full copy of the paper so my remarks are limited to the excerpt above. In it, the speaker/writer claims that political and theoretical struggle for the fascists is not necessarily devoted to the pursuit of truth; a clash of competing ideologies is not a clash of competing truth claims. In one sense, a battle over ideologies, over competing systems of thought, is a kind of superficial battle for ‘mere appearances’–precisely because one ideology is not clashing with another to establish itself on the grounds that it is the ‘true’ or ‘correct’ one; but this clash becomes more than just a matter of appearance when we realize that the truth value of an ideology is independent of what the author terms its ‘psychological-historical value’; that the ‘truth of an ideology’ is found in its capacity to make us act. That is what of value to the fascist, the fact that a system of thought–theory–induces praxis, that it shortens the gap between the two, that it encourages those powers within us that make us act.

For the fascist then, truth is not the most important quality of a theory; a theory could be false in the conventional sense of ‘accurately corresponding to the actual state of affairs’ and yet still be a ‘good’ theory precisely because at a particular moment in historical time, marked by very particular material, economic, and political circumstances, it is able to get one class of political and social actor ‘moving’; it is able to make real this actor’s agency; it has found, magically, the key that unlocks access to a potential actor’s world-changing capacities. Theories of politics, according to the speaker/writer above, are theories of action; their value is judged accordingly. Do they make us act? To what ends? Are they effective? If the theory is effective in making us act to bring about the desired ends, it is a ‘true’ or better still, a ‘good’ or ‘useful’ theory. (This moving past the truth of a theoretical claim to its utility is a Nietzschean maneuver, visible in–among other places–‘On Truth and Lies in a Nonmoral Sense‘ and in many passages in Beyond Good and Evil.)

Hannah Arendt On Our Creations’ Independent Lives

In ‘Remarks to the American Society of Christian Ethics’ (Library of Congress MSS Box 70, p. 011828)¹,   Hannah Arendt notes,

Each time you write something and send it out into the world and it becomes public, obviously everybody is free to do with it what he pleases, and this is as it should be. I do not have any quarrel with this. You should not try to hold your hand now on whatever may happen to what you have been thinking for yourself. You should rather try to learn from what other people do with it.

In a post responding to David Simon‘s complaints about viewer’s ‘misinterpretations’ of his The Wire, I had written:

[T]here is something rather quaint and old-fashioned in the suggestion that viewers are getting it wrong, that they misconceived the show, that there is, so to speak, some sort of gap between their understanding and take on the show and the meaning that Simon intended, and that this is a crucial lacunae….once the show was made and released, any kind of control [Simon] might have exerted over its meaning was gone. The show doesn’t exist in some autonomous region of meaning that Simon controls access to; it is in a place where its meaning is constructed actively by its spectators and in many ways by the larger world that it is embedded in.

Arendt’s remarks obviously apply to the business of interpreting artistic works–just like they do to other creations of the human mind like philosophical theories of politics and morality. Once ‘made,’ once theorized, and sent ‘out there,’ they have a life of their own, now subject to the hermeneutical sensibilities and strategies of those who come into contact with them; these encounters are mediated by the interests and inclinations and prejudices of the work’s interpreters (as Gadamer would have noted), by the history of the world that has intervened in the period between the creation of the work and its reception by others. To attempt to reclaim the work, to insist on the primacy of the creator’s vision at the cost of others, to regulate how the work may be thought of and more ambitiously, modified to produce derivative works–these are acts of hubris, of vainglory. The openness of such works to a series of rebirths and reinvigorations prepares it for its encounter with greatness; its ability to entertain multiple ‘readings,’ to provide room for fertile exploration with every new generation, these mark a work out as a ‘classic’ one; indeed, such fecundity in the face of repeated exegesis is perhaps the most enduring condition of the ‘classic.’

Arendt’s remarks are cited by Margaret Conovan in her ‘Introduction’ in Arendt’s The Human Condition (University of Chicago Press, Chicago, 1998, p. xx) as she claims that this difficult but rich work will continue to endure precisely because it affords its readers so much opportunity for their own idiosyncratic encounters with the text and its theses. My discussions with my students this semester–as we read Arendt’s book together–will, I think, bolster Conovan’s assertions.