Silence, Violence, and the Human Condition

I don’t believe that “silence is violence,” ever. And I doubt that anyone else would either, if they were to spend a bit of time thinking about it. People remain silent when they see violence (either threatened or performed) for a wide variety of reasons: sometimes they are indifferent to the sufferings of others, sometimes they enjoy the sufferings of others, but sometimes they have quite legitimate fears that any protest will lead to violence being inflicted upon them without anyone else being saved. Protest is not inevitably successful, and truthful accusation does not inevitably lead to arrest and conviction. Moreover, there are ways other than speech of responding to, or striving to prevent, impermissible violence.

Even when one’s silence does make it more likely that someone will be hurt, we do not benefit from erasing the distinction between sins of omission and sins of commission. Indifference to the suffering of others is a grave sin, but there are sins still graver. And different. As Auden wrote in his poem “The More Loving One,”

Looking up at the stars, I know quite well
That for all they care, I can go to hell,
But on earth indifference is the least
We have to dread from man or beast.

So, no: it is untrue that silence is violence. 

Shall we say, then, that silence is complicit in violence? It’s obvious why that is a more defensible argument, but it is not as dispositive as people who use it believe. I recently wrote something about Israel and Gaza, but I didn’t do it because people told me that otherwise I would have been complicit in the violence done there – though indeed people did tell me that. I wrote it for my own reasons, not because I felt that I was complicit in anything.

There are more evil things going on in the world than any one person can respond to. You could spend all day every day on social media just declaring that you denounce X or Y or Z and never get to the end of what deserves to be denounced. If my silence about Gaza is complicit in the violence being done there, what about my silence regarding the Chinese government’s persecution of the Uighurs? Or the government of Myanmar’s persecution of the Rohingya? Or what Boko Haram has done in Nigeria? Or what multinational corporations do to destroy our environment? Or dogfighting rings? Or racism in the workplace? Or sexism in the workplace?

There are two possible responses to this problem. One is to say that I am inevitably complicit in every act of violence I do not denounce, even if it would be impossible for me to denounce all such acts. But that position leads to a despairing quietism: Why should I denounce anything if in so doing I remain guilty for leaving millions of violent acts undenounced?

The second way is better: pick your spots and pick them unapologetically. It’s perfectly fine for people to have their own causes, the causes that for whatever reason touch their hearts. We all have them, we are all moved more by some injustices than by others; not one of us is consistently concerned with all injustices, all acts of violence, nor do we have a clear system of weighting the various sufferings of the world on a scale and portioning out our attention and concern in accordance with a utilitarian calculus.

Some effective altruists, especially the so-called longtermists, try to do this, but their endeavor is full of errors. One is longtermism’s inevitably speculative character, its belief that future dangers to humanity can be predicted with sufficient reliability to guide our actions. A greater error inheres in the great unstated axiom of effective altruism: Money is the only currency of compassion. (As the Archbishop of Canterbury says in Charles Williams’s poem Taliessen through Logres, “Money is a medium of exchange.”)

The silence-is-violence crowd, to their credit, don’t think that money is the only commodity we have to spend: they think we can and must spend our words also. And they always believe they know what, in a given moment, we must spend our words on. What they never seen to realize, though, is that some words are a debased currency. As the Lord says to Job, “Who is this that darkeneth counsel by words without knowledge?” To speak “words without knowledge” is to “darken counsel,” that is, confuse the issue, mislead or confuse one’s hearers. The purpose of counsel is to illuminate a situation; one does not illuminate anything by speaking out of ignorance or mere rage. 

Above all we need to acknowledge that no one — no one — operates with consistency in these matters. As David Edmonds writes in his recent biography of the philosopher Derek Parfit, Parfit refused to meet with a dying friend, Susan Hurley — a fellow philosopher who was the first woman to be elected a Fellow of All Souls College, Oxford — because he considered it more important to work on his philosophical writing. Yet Edmonds reports on several acts of generosity by Parfit, acts which also deprived him of work time. Similarly, as Julian Baggini writes in a review of Edmonds’s book,

He objected to the effective altruism movement’s Giving What We Can pledge to donate at least 10 per cent of signees’ incomes to relieve poverty, because he thought it was obvious that people could donate more. He also objected to the word “giving” for implying that this was optional, when he thought we were not morally entitled to our wealth. Yet in the years when he pursued photography as a serious hobby, he would spend thousands of pounds on a single print. Obsessed with typesetting, he offered to reimburse his publisher Oxford University Press for the extra costs of following his strict instructions, on one occasion paying £3,000 for wet proofs to check how the pages would actually come out from the plates. He also overpaid for a house by £50,000 just because he fell in love with it.

I am sure that Parfit thought of himself as a principled actor, but he certainly wasn’t: like almost all of us, he acted according to his own preferences. I’m sure that when he was kind and generous it was because that felt good to him, and I’m sure that when he declined to meet with a dying friend he declined not for philosophically defensible reasons but because he found such a meeting unpleasant.

Now, I am not suggesting that Derek Parfit should be a role model for anyone. To judge from Edmonds’s biography, he was an exceptionally unpleasant man, though Edmonds treats him not as wicked but rather as profoundly strange. I am merely pointing out that, for all his fierce labor to identify and describe the objective roots of morality, Parfit’s own behavior was as inconsistent and unprincipled as yours and mine or the Effective Altruist next door.

I think what we should learn from all this is simply that one should have principles — ideally better ones than Derek Parfit had — but we should not be ashamed of the subjectivity inherent in them. I know people who care for abandoned dogs, and whose attention to those abandoned dogs makes them effectively, if not theoretically, indifferent to matters that many people believe to be much greater concern: what’s happening in Gaza, who the next President of the United States will be, global climate change, etc. I think that’s just fine. The world has so much more suffering than any of us could possibly address that any remediation, any limiting of harm and pain and suffering, is a good thing. And we are not wired in such a way that we can maintain our commitment to undoing or preventing harm that (for whatever reason) doesn’t really touch our hearts. We should not feel guilty for failing to think about — still less for failing to speak about — climate change when there is something else, some other suffering or violence right before us that we can to some degree ameliorate. That’s the human condition and we ought to embrace it. In enables us to leave the world in at least a slightly better condition than we found it. 

Augustus John, “A Glass of Wine” (1902)

Mary Harrington: “A culture that valorises ‘cool’ sets us up to fail as social beings - and then sells us myriad forms of ‘self-care’ to make up the shortfall. Against this, you need to be cringemaxxing. You need to be seeing old schoolfriends. You need to be helping out at Scouts. You need to be praying with old ladies, babysitting people’s kids, picking up litter, and wearing the jumper your nan knitted. It feels weird to begin with, but it’s worth it. Trust me: I’m as uncool as it gets. You need to be cringemaxxing.”

The Arrival,” photograph by Carol Munder.

Legal Sauce for the Legal Goose

From an an interview with Jill Lepore:

I’m working on a long book about the history of attempts to amend the Constitution. And on the one hand, we have a Constitution that has a provision that allows for generativity and invention and adjustment and improvement and alteration and remedy and making amends, and all of these wonderful, beautiful ideas that we associate with the idea of the future. And yet, we live in a world where we can’t actually use that provision because our politics are so overridden with the idea of the past. Consider the Supreme Court’s history-and-tradition test, under which we can’t do anything that doesn’t derive from the past. The week that we’re speaking, the Supreme Court is hearing oral arguments on the question of whether people who have restraining orders against them due to domestic abuse can be prohibited from buying or owning weapons, and the test that the Supreme Court uses is to ask: “Was there an analogous law like that in 1787?” That is plainly nuts. In that sense, we are held hostage by the dead. 

This is a mess. Lepore means not “history and tradition,” but “text, history, and tradition” (THT for short) — see e.g. this article. (THT may or may not be a coherent model of interpretation. One complication, raised by some legal hermeneuts, is whether “history” and “tradition” are always compatible: sometimes legal tradition can be shown to be indifferent to or ignorant of the relevant history. But we won’t get into that here.) In a far more important error she is confusing the THT standard of interpretation with a different one, originalism: “Was there an analogous law like that in 1787?” is not a THT question but a question about original meaning. Originalists don’t care much about how their judicial predecessors have interpreted the law. They care primarily about what the text’s original public meaning was. They think that that should be the essential interpretative canon. (Originalism can sometimes be in tension with textualism, but that’s another matter to ignore for now.) 

So Lepore is writing "a long book about the history of attempts to amend the Constitution” but doesn’t have even the most elementary knowledge of the rival schools of legal interpretation. We just have to hope that she learns as she goes along. 

But let’s continue by posing a hypothetical. Suppose Donald Trump becomes President again; suppose also that he has a majority in the House and Senate. In light of what he says is an unprecedented influx of dangerous illegal immigrants, Trump declares a State of Emergency and invokes the Alien Enemies Act. (That might have its own interesting legal consequences, but let’s set those aside for now.) Then Congress, with the President’s support, passes a law deeming criticism of the President’s policies in this time of Emergency a form of sedition, to be punished appropriately. The law is challenged and the Supreme Court rules that the law violates the First Amendment’s protections of freedom of the press. Some of the justices employ THT principles to articulate their case, and some of them use originalist canons, but they agree on the decision. 

“That is plainly nuts,” Trump then says. “We’re being held hostage by the past. We’re looking to achieve generativity and invention and adjustment and improvement and alteration and remedy and making amends, and the Courts are getting in our way!”

And Jill Lepore would have to agree, wouldn’t she? 

The answer is: No, of course she wouldn’t agree. Because, we would learn, many of the legal protections that Lepore admires, reveres, and relies on were also made in the past. Indeed, any existing law is by definition the product neither of the future nor the present but the past. If existing laws prevented her from being arrested and tried for sedition with (say) her New Yorker articles used as evidence against her, she would not feel that anyone was being “held hostage by the past,” but rather that the Founders, in making the Bill of Rights, had shown remarkable foresight, wisdom, and commitment to freedom. 

So Lepore’s actual position is not “We should not be held hostage by the past,” because that would be to say that we should not have any laws. What she means is something more like this: “It should be easier for us to change the laws to get what we want.” But — the eternal question returns — who are “we”? And it’s obvious that by “we” Lepore means “people who share my politics.” Which would be fine if people who share Lepore’s politics are the only people who will ever be elected to political office in this country. But they aren’t. If we ever get a MAGA President and a MAGA Congress, and they set out to implement their vision of “generativity and invention and adjustment and improvement and alteration and remedy and making amends” — another word for “making amends” is “retribution” — then you can bet that Lepore would be one of the first people insisting that those political ambitions be forcibly restrained by law, i.e., that they be “held hostage to the past.” 

I suspect that Lepore was formed in an environment in which leftish people like her wanted change, which is good, while people on the right wanted sameness, which is bad. She hasn’t adjusted her thinking to the rise of MAGA populism, which wants change as much as she does, and feels the restraint of existing law and legal interpretation as much as she does. They just want different changes than the ones she prefers. MAGAworld ain’t conservative.  

Basically what I’m saying is: Jill Lepore hasn’t thought this through. She hasn’t thought it through because — here again she is like her MAGA counterparts — she lives in an intellectual monoculture. And one bad consequence of living in an intellectual monoculture is that it makes you incurious. THT, originalism, whatever, it’s all the same to people who want the same changes and don’t like having their desires thwarted. 

People whose political desires are thwarted by judges are always quick to declare the legal system illegitimate. Today it’s leftists who think the Supreme Court lacks legitimacy, but in the Clinton era it was the right that felt that way — and in both cases the feeling arose directly and uncomplicatedly from disliking judicial outcomes. But there’s a lot more to the evaluation of the judiciary than looking at outcomes. It would be nice if a distinguished historian writing a book about attempts to amend the Constitution knew that.  


P.S. The domestic-abuser-weapon-ownership case that Lepore mentions is United States v. Rahimi. I think that this situation should be and will be decided in the way that Lepore prefers, but if you read some of the material I’ve linked to you’ll discover why the question has made it all the way to SCOTUS. “Why is this even a thing?” is usually an exclamation rather than a question, but if you really ask you can learn a bit. 

BBEdit 15, in addition to getting several interesting new features, has undergone some slight but really quite pleasant adjustments to its appearance.

Currently reading: The Spirit of Early Christian Thought by Robert Louis Wilken. This will be my third complete reading of this great book. 📚

The Mouth of Orcus, in the Gardens of Bomarzo.

Yet another really nice one from Adrian Vila.

Bertolucci

Some years ago I read an article about sociopathy – I don’t remember the author or where it appeared, but I do recall the description of a boy who began to show signs of sociopathy from an early age. Once, as he and his parents gathering with family and friends at a house that had a swimming pool, a younger cousin, a toddler or barely older, fell into the pool at a moment when no one was paying attention – just this boy. As the toddler flailed helplessly in the water, the boy watched. He didn’t try to help, or even call for help; he just watched. Eventually an adult noticed, and rescued the small one. When the boy was asked why he didn’t do anything but watch a child drowning, he replied that he had wanted to see what happened.

I think about that boy when I watch the films of Bernardo Bertolucci. Maybe that’s not fair; it’s hard to say. Dramatic films are just that, dramatic – their makers do not provide authorial commentary on the action. They portray, we judge. So I am not saying that Bertolucci was a sociopath; I am instead saying that his movies feel to me that he’s asking me not to empathize, but to watch. And because his images are so compelling, it’s hard not to watch.

 

Like Antonioni, Bertolucci tends to make movies about lost souls. But when I’m watching L’Avventura or La Notte, I feel that the director has compassion for these souls in their lostness, and is inviting, even encouraging, me to have compassion for them also. By contrast, Bertolucci seems to be setting up his camera at the end of the pool and simply pointing it at the drowning child. 

Arsenal mid-season report

This side is not a contender for the league title — not even close. At this point I'm not confident that they can hold on to a Champions League place: they're far behind Man City and Liverpool, noticeably behind Aston Villa, and probably behind Spurs (though Spurs' lack of depth could haunt them in the months to come). 

Because Arsenal are so toothless in attack, the temptation will be to think that they have to sign a striker in the January transfer window. But (a) they will almost certainly have to overpay dramatically for anyone worth having; (b) strikers rarely settle immediately into a new side — they need time to get adjusted to new teammates and a new style of play; and (c) there's not a game-changing striker available. Succumbing to this temptation would lead to heartache — but I fear that that's what the club will do. 

It's true that Arsenal don't have a top goal-scorer, but that's not their primary problem. After all, they had a fine season last year while spreading the goals around quite widely. Their primary problem is this: Arteta has wildly over-reacted to the way that last season ended. Last season's side was a high-energy, high-risk, excitable, even manic show. Every time they won a game they shouted and leaped into one another's arms, and the game's self-appointed Celebration Police tut-tutted and said, in unison, "They act like they won the league.” 

It seems obvious that the club's leadership decided that this emotional intensity caused the team to run out of gas late last season. So they — or maybe it's just Arteta — decided to take a different approach this season. 

The first move in this direction was eminently sensible and has been quite successful: signing Declan Rice means that the team now has a physically commanding and highly intelligent defensive midfielder to play in front of the two excellent centerbacks, which means that Arsenal are very difficult to score against. 

The second move was to replace the most excitable member of last year's side, the keeper Aaron Ramsdale, with the calmer and somewhat more technical David Raya. This decision, I think, has been as bad as the signing of Rice has been good. It's not that Raya has performed poorly; he hasn't. He's been about as good as Ramsdale, though not noticeably better as distribution (which is supposed to be his big advantage). The problem is that Raya is a pretty quiet and undemonstrative guy, while Ramsdale was the emotional leader of last year's side. He was the spark plug that ignited the fuel, and without him the team seems to be playing mechanically and joylessly. (The other really fiery player from last year’s side, Granit Xhaka, now plays in the Bundesliga. The club might do better to bring Xhaka back than sign an overpriced striker.) 

In Sunday's mostly listless — after the first ten minutes anyway — performance against Liverpool, the crowd at the Emirates was virtually silent. Watching on TV, you could hear everything said on the pitch and sideline through most of the match. At one point Martin Odegaard — a fine captain, about whom I have nothing bad to say — tried to rouse the crowd, but they responded halfheartedly. This was, to put it mildly, not a problem last year. If the team is excited and energetic the crowd will be too; if not, not. 

The player who has suffered most from this new emphasis on restraint and discipline has been Gabriel Martinelli — who is a shadow of his last year’s self. But I think everyone’s less intense this year, and other teams are just outworking them.  

When the team has had energy this season, it's been negative energy, generated by Mikel Arteta's constant whining about officiating. Indeed, I suspect that Arteta's complaining has hurt the team’s spirit as much as the tamping down of enthusiasm. 

Can Arteta make the necessary adjustments both to his tactics and his mood? Can he reignite the fire from last season and become a more positive figure, keeping in mind that he still has a very young side, with many players who are highly influenced by his example? Maybe; he seems to be an exceptionally stubborn person, but I think the organization as a whole is strong and that there’s a good opportunity here at the brief winter break to part with some bad habits. I think we just have to hope that he learns from experience and admits his mistakes. I wish I had a better answer than that. 

On going beyond the SCT — the Standard Critique of Technology.

beyond the SCT

My 2021 essay on “cosmotechnics” begins thus:

In the 1950s and 1960s, a series of thinkers, beginning with Jacques Ellul and Marshall McLuhan, began to describe the anatomy of our technological society. Then, starting in the 1970s, a generation emerged who articulated a detailed critique of that society. The critique produced by these figures I refer to in the singular because it shares core features, if not a common vocabulary. What Ivan Illich, Ursula Franklin, Albert Borgmann, and a few others have said about technology is powerful, incisive, and remarkably coherent. I am going to call the argument they share the Standard Critique of Technology, or SCT. The one problem with the SCT is that it has had no success in reversing, or even slowing, the momentum of our society’s move toward what one of their number, Neil Postman, called technopoly.

The basic argument of the SCT goes like this. We live in a technopoly, a society in which powerful technologies come to dominate the people they are supposed to serve, and reshape us in their image. These technologies, therefore, might be called prescriptive (to use Franklin’s term) or manipulatory (to use Illich’s). For example, social networks promise to forge connections – but they also encourage mob rule. Facial-recognition software helps to identify suspects – and to keep tabs on whole populations. Collectively, these technologies constitute the device paradigm (Borgmann), which in turn produces a culture of compliance (Franklin).

The proper response to this situation is not to shun technology itself, for human beings are intrinsically and necessarily users of tools. Rather, it is to find and use technologies that, instead of manipulating us, serve sound human ends and the focal practices (Borgmann) that embody those ends. A table becomes a center for family life; a musical instrument skillfully played enlivens those around it. Those healthier technologies might be referred to as holistic (Franklin) or convivial (Illich), because they fit within the human lifeworld and enhance our relations with one another. Our task, then, is to discern these tendencies or affordances of our technologies and, on both social and personal levels, choose the holistic, convivial ones.

The point of this essay was to say that (a) the SCT is absolutely correct and (b) there’s no point in continuing to restate the SCT, even if you shift the terms around a bit or employ alternate ones. (For instance, Paul Kingsnorth talks about “the Machine” — but it’s precisely the same set of concepts and critiques.)

That essay, for me, marked the end of a decade or so of articulating my own version of, or elaborations on, the SCT. For much of that decade I wrote about Technopoly’s demands on our attention, and insisted that we can attend otherwise.

But how many times can you say that?

Since I wrote that essay I have (mostly) refrained from saying “We should attend to things other than those Technopoly wants us to attend to” and instead have tried simply to attend to other things. In other words: I’ve given up on making arguments about where our attention should go – not primarily because such arguments are useless, though they may well be, but because I have made them already – and have instead pursued demonstration. Hey, look at this fascinating thing I’ve been looking at. That’s what I’ve been doing since 2021, and it’s what I plan to keep doing. 

Basically, I’m just a simple caveman; your modern world confuses and frightens me. But one thing I do know: That I ain’t buying what Technopoly (or the Machine, or whatever you want to call it) is selling. 

Kashmir Hill: “My black clamshell of a phone had the effect of a clerical collar, inducing people to confess their screen time sins to me. They hated that they looked at their phone so much around their children, that they watched TikTok at night instead of sleeping, that they looked at it while they were driving, that they started and ended their days with it.”