‘Sovereignty’ is a loaded term. Sovereigns are big hitters. The sovereign is supreme. There is no one superior. So when England was subject in some ways to the Church of Rome, its king was to that extent not supreme in his own nation. Indeed, in scrapping with the barons over Magna Carta, King John became a vassal to Rome. So when King Henry VIII was prevented by the Church of Rome from attending to an important matter of state – securing succession to the throne – the question for him was – who was preeminent in England – the king or the pope? He settled the matter in his favour by persuading the parliament to break all ties with Rome by passing a series of statutes for that purpose. One was naturally called the Act of Supremacy. It iced the cake with the assertion that England was always known as an ‘empire’. Now, Facebook is nasty and Mr Zuckerberg is nauseatingly unctuous, but Facebook is not challenging the place of the Commonwealth of Australia in the governance of this nation. Rather, it is seeking to bring pressure on the government about a law it proposes to make – much as a union might do to an employer seeking to alter terms of employment. Claims by government ministers that there is an issue about sovereignty resemble claims by employers that a trade union by industrial action is seeking to take over management of the company. It is just a bit of local colour. Facebook is well capable of shooting itself in its posterior. And if it showed that to us on the way out, I would stand and cheer.
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MY SECOND TOP SHELF 20 – STEFAN ZWEIG
Extracts from a book of fifty important books or people. The second of four such volumes.
A REMARKABLE POLITICIAN
Stefan Zweig
Viking Press New York, 1930. Quarter bound in burgundy leather with title in gold on black label and navy cloth boards.
Some politicians get by with luck and grit, and not a lot more. Perhaps that is all that it takes for most of them – as it tends to be for the rest of us. One such politician was Joseph Fouché who was active during the French Revolution and who, as the Duke of Otranto, was Minister of Police for the Emperor Napoleon. Fouché was the ultimate survivor. The Austrian writer Stefan Zweig, who was an immensely popular novelist in the 1930’s, called Fouché ‘the most perfect Machiavel of modern times’ – ‘a leader of every party in turn and unique in surviving the destruction of them all.’. Here was a ‘man of the same skin and hair who was in 1790 a priestly schoolmaster, and by 1792 already a plunderer of the Church; was in 1793 a communist, five years later a multimillionaire and ten years after that the Duke of Otranto.’ Fouché therefore was not just a survivor – he was a winner.
In introducing his book about ‘this thoroughly amoral personality’, Joseph Fouché, The Portrait of a Politician, Stefan Zweig said this:
Alike in 1914 and 1918 [the book was written in 1929] we learned to our cost that the issues of the war and the peace, issues of far-reaching historical significance, were not the outcome of a high sense of intelligence and exceptional responsibility, but were determined by obscure individuals of questionable character and endowed with little understanding. Again and again since then it has become apparent that in the equivocal and often rascally game of politics, to which with touching faith the nations continue to entrust their children and their future, the winners are not men of wide moral grasp and firm conviction, but those professional gamesters whom we style diplomatists – glib talkers with light fingers and a cold heart.
Those observations have the timelessness of truth.
Joseph Fouché was born in the seaport town of Nantes to a seafaring mercantile family. The great places were reserved for the nobility, so Joseph went into the Church. He went to the Oratorians who were in charge of Catholic education after the expulsion of the Jesuits. He becomes a tonsured teacher, not a priest. ‘Not even to God, let alone to men, will Joseph Fouché give a pledge of lifelong fidelity.’ Three of the most powerful French political thinkers then – Talleyrand, Sièyes, and Fouché – come from an institution that the Revolution will be bent on destroying, the Church.
Joseph became friendly with a young lawyer named Robespierre. There was even talk that he might marry Robespierre’s sister, and when the young Maximilien was elected to the Estates General at Versailles, it was Joseph who lent him the money for a new suit of clothes.
When Joseph moves that the Oratorians to express their support for the Third Estate, he is sent back to Nantes. He then becomes political, discards his cassock, and, after marrying the daughter of a wealthy merchant, ‘an ugly girl but handsomely dowered’, he is elected to the revolutionary National Convention in 1792 as the Chairman of the Friends of the Constitution at Nantes.
Fouché is always cool and under control. He has no vices and he is a loyal husband, but he will be an ‘inexorable puritan’ and invincibly cold blooded, at his best working in the shadows as an unseen second to the limelighters. He prefers the reality of power to its insignia, but with ‘his resolute freedom from convictions’, he is quite capable of repudiating a leader who has gone too far. ‘He knows that a revolution never bestows its fruits on those who begin it, but only on those who bring it to an end and are therefore in a position to seize the booty.’
Fouché starts up the ladder. He had aligned with the moderates known as the Gironde on the issue of death for the king, but sensing the shift in the breeze, he stabbed them in the back with the words la mort when it came his turnto cast his vote. He acquires huge power as Representative on Mission, a kind of Roman proconsul. He has what we would call a communist social program, especially toward the Church. He issues an utterly chilling instruction: ‘Everything is permissible to those who are working for the revolution; the only danger for the republican is to lag behind the laws of the Republic: one who outstrips them, gets ahead of them; one who seemingly overshoots the aim, has often not yet reached the goal. While there is still anyone unhappy with the world, there are still some steps to take in the racecourse of liberty.’
The çi devant Oratorian declares war on the Church ‘to substitute the worship of the Republic and of morality for that of ancient superstitions.’ He abolishes celibacy and orders priests to marry or adopt a child within one month. In Moulins, he rides through the town at the head of a procession hammer in hand smashing crosses, crucifixes and other images, the ‘shameful’ tokens of fanaticism. This is the phase of dechristianization, far, far more brutal than the Reformation in England.
But we also speak of the Terror, when an anxious France was guillotining its enemies within, and Robespierre would implement the Law of Suspects. It is the black night of the revolution and it leads Stefan Zweig to this most remarkable judgment which still speaks so clearly to us at a time of a collapse in public life.
By the inexorable law of gravity, each execution dragged others in its train. Those who had begun the game with no more than ferocious mouthings, now tried to surpass one another in bloody deeds. Not from frenzied passion and still less from stern resolution were so many victims sacrificed. Irresolution, rather, was at work; the irresolution of politicians who lacked courage to withstand the mob. In the last analysis, cowardice was to blame. For, alas, history is not only (as we are so often told) the history of human courage, but also the history of human faintheartedness; and politics is not (as politicians would fain have us believe) the guidance of public opinion, but a servile bowing of the knee by the so-called leaders before the demons they have themselves created.
With those words, Stefan Zweig justified not only this whole book, but his whole life. The words ‘the irresolution of politicians who lacked courage to withstand the mob’ should be put up in neon lights in every parliamentary and government office, and in the booth of every shock jock, poll taker, and sound-bite grabber, and that of any other predatory bludger, urger, or racecourse tout.
And the Terror was in turn at its worst for those parts of France that had sought to rebel in bloc, like the great city of Lyon, the second of France. The revolt in the west in the Vendée was seen to be Catholic and Royalist; in Lyon, it was a revolt by class and money. The reprisals for each had a manic cruelty and intensity unmatched until the times of Stalin and Hitler. In the Vendée, a man named Carrier was responsible for the infamy of the noyades, when batches of priests were manacled, and placed on barges that were towed in the Loire and then sunk. Fouché executed revolutionary justice at Lyon where the guillotine was thought to be too cumbersome. The depravity is described by Zweig in these terms:
Early that morning sixty young fellows are taken out of prison and fettered together in couples. Since, as Fouché puts it, the guillotine works ‘too slowly’, they are taken to the plain of Brotteaux, on the other side of the Rhone. Two parallel trenches, hastily dug to receive their corpses, show the victims what is to be their fate, and the cannon ranged ten paces away indicate the manner of their execution. The defenceless creatures are huddled and bound together into a screaming, trembling, raging, and vainly resisting mass of human despair. A word of command and the guns loaded with slugs are ‘fired into the brown’. The range is murderously close and yet the first volley does not finish them off. Some have only had an arm or leg blown away; others have had their bellies torn open but are still alive; a few, as luck would have it, are uninjured. But while blood is making runnels of itself down into the trenches, at a second order, cavalrymen armed with sabres and pistols fling themselves on those who are yet alive, slashing into and firing into this helpless heard, of groaning, twitching and yelling fellow mortals until the last raucous voice is hushed. As a reward for their ghastly work, the butchers are then allowed to strip clothing and shoes from the sixty warm bodies before these are cast naked into the fosses which await them.
All this was done in front of a crowd of appreciative onlookers. The next batch was enlarged to two hundred ‘head of cattle marched to the slaughter’ and this time the avengers of the nation dispensed with the graves. The corpses were thrown into the Rhone as a lesson to the folks downstream. When the guillotine is again put to work, ‘a couple of women who have pleaded too ardently for the release of their husbands from the bloody assize are by his [Fouché’s] orders bound and placed close to the guillotine.’ Fouché declares: ‘We do not hesitate to declare that we are shedding much unclean blood, but we do so for humane reasons, and because it is our duty.’ Zweig concludes: ‘Sixteen hundred executions within a few weeks show that, for once, Joseph Fouché is speaking the truth.’ That may be so, but the invocation of humanity for this butchery defies all language.
I am relying on a translation (by Eden and Cedar Paul in the 1930 Viking Edition), but Zweig attributes to Fouché what he calls ‘a flamboyant proclamation’;
The representatives of the people will remain inexorable in the fulfilment of the mission that has been entrusted to them. The people has put into their hands the thunderbolts of vengeance, and they will not lay them down until all its enemies have been shattered. They will have courage enough and be energetic enough to make their way through holocausts of conspirators and to march over ruins to ensure the happiness of the nation and effect the regeneration of the world.
There, surely, you have a preview of all the madness and cant that will underlie the evil that befalls mankind in the next century.
Fouché and his accomplice get news that the wind may have changed in Paris and the other is sent back to cover their backs. Fouché now has to deal with Robespierre, ‘that tiger of a man, balancing adroitly as usual between savagery and clemency, swinging like a pendulum now to the Right and now to the Left’, who was unhappy with Fouché for having displaced his own henchman (the crippled lawyer Couthon who had no stomach for the task). Robespierre is the cold lawyer from Arras that we associate with the height of the Terror – and with its end. Zweig says that Robespierre was ‘wrapped in his virtue as if it were a toga’. That about sums it up, but Zweig has a most remarkable passage that includes:
Robespierre’s tenacity of purpose was his finest quality, but it was also his greatest weakness. For, intoxicated by the sense of his own incorruptibility and clad as he was in an armour of stubborn dogmatism, he considered that divergences of opinion were treasonable, and with the cold cruelty of a grand inquisitor, he was ready to regard as heretics all who differed from him and send them to a heretic’s doom…..The lack of communicable warmth, of contagious humanity, deprived his actions of procreative energy. His strength lay exclusively in his stubbornness; his power, in his unyielding severity. His dictatorship had become for him the entire substance and the all-engrossing form of his life. Unless he could stamp his own ego on the revolution, that ego would be shattered.
That judgment may be too severe for Robespierre, but it looks dead right for Lenin – especially the last, about the insatiable need to stamp his own ego on the revolution. There is the key to the agony of all the Russias.
There followed a duel between Fouché and Robespierre. Fouché ‘had never asked Robespierre’s advice; had never bowed the knee before the sometime friend.’ Robespierre turned on Fouché in the Convention: ‘Tell us, then, who commissioned you to announce to the people that God does not exist, you, who are so devoted to that doctrine?’ Fouché is just one target in a speech that ends in a hurricane of applause. Fouché goes quiet, he goes underground, he performs the then equivalent of working the phones – and then he surfaces – as the next elected President of the Jacobins Club! This is the rank and file of the ‘party’.
The response had to be nasty, and the next time Robespierre is brutal, with the by then standard allegation of conspiracy. ‘I was at one time in fairly close touch with him because I believed him to be a patriot. If I denounced him here, it was not so much because of his past crimes because he had gone into hiding to commit others, and because I believed him to be the ringleader of the conspiracy which we have to thwart.’ This was vintage Robespierre paranoia and the stakes were terminal. Fouché is expelled from the Jacobins. ‘Now Joseph Fouché is marked for the guillotine as a tree is marked for the axe…..Fifty or sixty deputies who, like Fouché, no longer dare to sleep in their own quarters, bite their lips when Robespierre walks past them; and many are furtively clenching their fists at the very time when they are hailing his speeches with acclamations.’
Robespierre is circling in his sky-blue suit and white silk stockings, and the very air is thick with fear. He gives a three hour harangue, but then declines to give names. ‘Et Fouché?’ gets no answer. Fouché furiously works the numbers: ‘I hear there is a list, and your name is on it.’ ‘Cowardice shrinks and dwindles, and is replaced by desperate courage.’ God rolls the dice, the bunnies become wolves, and Robespierre and his lieutenants are submitted to the blade that they had brought down on so many others.
Here Zweig permits himself a general political observation. He condemns those who overthrew Robespierre for their ‘cowardly and lying attitude’ who ‘to gain their own ends have betrayed the proletarian revolution.’ That is an assessment made in 1929 that many French historians would embrace, and Fouché had tried to get on a populist horse. This time he picked badly, and the new regime had different views about the Terror – and Lyon. Fouché ‘like many animals shams dead that he may not be killed.’ He goes underground for three years living on the breadline. No one mentions his name. As to the proletariat – what a dire and debasing word! – there is not much use crying over spilt milk. Those who are crying wanted the French terrorists to do what Lenin had tried to do, and transfer all power from the king to all those at the bottom inside one generation. It cannot be done. It took the English, who are geniuses at this, seven centuries.
Fouché lies low and poor. The carpet-baggers of the new shop-soiled regime, the Directory then the Consulate, need someone who can work in darkness, a cold-blooded spy, a collector of information on others, a man to hold chits IOU’s and grudges, and someone who can oil the wheels of power and money. Who else? ‘Joseph Fouché has become the ideal man for these sordid negotiations. Poverty has made a clean sweep of his republican convictions, he has hung up his contempt for money to dry in the chimney, and he is so hungry that he can be bought cheaply.’ Is it not remarkable how deathless are all these political insights?
The dark and dangerous mitrailleur of Lyons is back in town – as minister of State, the Minister of Police to the mighty and all-conquering Republic of France! Well, our man ‘has no use for sentimentality, and can whenever he likes, forget his past with formidable speed’. The Jacobins are a shadow of themselves, but they are also beside themselves at this heartless enforcer of tranquillity – who calmly says that there must be an end to inflammatory speeches! In France? In Paris? In 1799?
They have learned little during these years. They threaten the Directory, the Ministers of State, and the constitution with quotations from Plutarch. They behave as rabidly as if Danton and Marat were still alive; as if still, in those brave days of the revolution, they could with the sound of the tocsin summon hundreds of thousands from the faubourgs.
But our man has got his sense of scent back. He knows the public mood. The former president just closes down the Jacobins Club – the next day. People are sick of strife. They want their peace and their money.
Then some people higher up start to fear the information that he gets – on everyone. Knowledge means power, and Fouché has more knowledge than anyone – more even than Napoleon. And people start to notice that his eyes look upwards as well as downwards. Talleyrand, who also stands up to Napoleon and lives to talk about it, and who is another consummate and totally conscienceless puppeteer, says: ‘The Minister of Police is a man who minds his own business – and goes on to mind other people’s.’
But when Napoleon becomes Consul for Life, his family, the biggest weakness of the loyal Corsican, urge him to fire Fouché. Napoleon shifts him sideways, but ‘seldom in the course of history has a minister been dismissed with more honourable and more lucrative tokens of respect than Joseph Fouché.’ It was ever thus.
Fouché goes into retirement again, the polite and thrifty squire with his wife and children who gives a homely entertainment now and then. The neighbours see a good husband and a kind father. But the old campaigner feels the itch. ‘Power is like the Medusa’s head. Whoever has looked on her countenance can no longer turn his face away, but remains for always under her spell. Whoever has once enjoyed the intoxication of holding sway over his fellows can never thenceforward renounce it altogether. Flutter the pages of history in search for examples of the voluntary renouncement of power….Sulla and Charles V are the most famous among the exceptions.’
Napoleon senses the itchiness of Fouché but he does not want to take him back; ‘the argus-eyed unsleeping calculator’ is too dangerous. But then Napoleon errs – he has the Duke of Enghien kidnapped over the border and returned to France to be shot – he passes his grave on the way to his ‘trial.’ This leads Fouché (some say Talleyrand) to make the famous remark: ‘It was worse than a crime it was a blunder.’ Napoleon needs someone to hold the stirrup again, and on his ascension to the purple – he allows the pope to watch him crown himself – Son Excellence Monsieur le Senateur Fouché is appointed Minister by Sa Majeste l’Empereur Napoleon. He will become the Duke of Otranto and while the rest degenerate into ‘flatterers and lickspittles’, the Minister of Police stiffens his back, and minds his own business and that of everyone else.
Fouché is a millionaire many times over, but he lives a frugal almost Spartan life. His image is part of his terrifying power. He and the Emperor are at arms’ length. ‘Filled with secret antipathy, each of them makes use of the other, and they are bound together solely by the attraction between hostile poles.’
The stakes have gone up now. At Marengo in 1800, Napoleon won with thirty thousand men; five years later, he has three hundred thousand behind him; five years later, he is raising a levy of a million soldiers. He will leave five million in their graves. And now Fouché must deal with the political genius of Talleyrand, another of the world’s very greatest survivors. ‘Both of them are of a perfectly amoral type, and this accounts for their likeness in character.’ For a long time tout Parisgazes in a kind of trance at the duel between Fouché and Talleyrand, and, as it happens, both survive Napoleon.
Fouché was either working for Napoleon or plotting against him, or both, even during the Hundred Days leading to Waterloo. In fact, Fouché served as Minister of Police to Talleyrand as Prime Minister after 1815 for Louis XVIII. Since he had voted for the death of that king’s brother, Louis XVI, this might be seen as the masterpiece of his slipperiness or negotiability. He then proceeded to orchestrate a new terror, the White Terror, against the enemies of the Bourbons. This revolted even Talleyrand, and Fouché was shifted again, this time for the last time. He died in his bed in Trieste in 1820.
It is hard to imagine our story, for that in part is what it is, being told better than Stefan Zweig tells it in this wonderful book. The author moves so easily from one graceful insight to the next, and like a true champion he makes it all look so easy and so natural. And as our author leaves his subject, he leaves us with the question that Shakespeare leaves to us with various bastards, in the proper sense of that word, and Richard III and Falstaff – why are we so taken with the life and character of such an absolute villain? And he also leaves us with the same old problem – glib talkers with light fingers and a cold heart.
MY SECOND TOP SHELF 19 – ARTHUR MILLER
Extracts from a book of fifty important books or people. The second of four such volumes.
COLLECTED PLAYS
Arthur Miller
Franklin Library, 1981. Fully bound in embossed leather, with ridged spine; gold finish to pages and moiré endpapers with satin ribbon. Introduction by the author. Illustrated by Alan Mardon. Limited edition.
Death of a Salesman is not an easy night out at the theatre. Au contraire. This play is wrenching, as wrenching for some as the tragedy of King Lear. It is pervaded with a sense of doom – not just in the sense of that term in Lord of the Rings, as an end foretold, but in the darker sense of inevitable destruction or annihilation. The battered, deluded Willy Loman is, like the crazy old king, bound upon a wheel of fire, and the fate of his whole family unfolds before eyes that you may wish to avert. It is therefore as challenging as a Greek tragedy or one of Shakespeare, because it is a searing inquiry into the American Dream. That is not something that many Americans have been all that happy to undertake. (Indeed, the character of the White House as we speak shows a frightening capacity for delusion.) But by the end of the play, you may be left with the impression that a champion of American business is less secure than a medieval serf.
This is Willy according to his wife:
I don’t say he’s a great man. Willy Loman never made a lot of money. His name was never in the paper. He’s not the finest character that ever lived. But he’s a human being, and a terrible thing is happening to him. So attention must be paid. He’s not to be allowed to fall into his grave like an old dog. Attention, attention must be finally paid to such a person.
When Willy’s boss wants to get rid of him, he responds: ‘You can’t eat the orange and throw the peel away – a man is not a piece of fruit.’ He is, as his wife remarked, a human being. But his delusion passes to his sons. When reality catches up with his son Biff, he says: ‘I realized what a ridiculous lie my whole life has been! We’ve been talking in a dream for fifteen years.’ In the Introduction, the author says:
The play was always heroic to me, and in later years the academy’s charge that Willy lacked the ‘stature’ for the tragic hero seemed incredible to me. I had not understood that these matters are measured by Greco-Elizabethan paragraphs which hold no mention of insurance payments, front porches, refrigerator fan belts, steering knuckles, Chevrolets, and visions seen not through the portals of Delphi, but in the blue flame of the hot-water theatre…..I set out not to ‘write a tragedy’ in this play, but to show the truth as I saw it.
The academy was dead wrong. E pur si muove.
All My Sons is hardly any easier. The American Dream here is punctured not by failure but by betrayal, and a crime of the worst kind. A businessman in a time of war betrays his nation by selling defective parts to the army. This crime leads to the deaths of American servicemen including, it would appear, one of his own sons. And the man says that he did it for his family. But, as in Greek tragedy, his crime comes back on the whole family and ultimately it will only be answered by his death. In The Wild Duck, Ibsenwrote a drama where one businessman was forced to accept moral and legal responsibility for the crime of his partner. This affront to the American Dream would be one of the factors leading to Miller being confronted by the Houses Un-American Committee.
This is how the playwright introduces Joe Keller, the hero.
Keller is nearing sixty. A heavy man of stolid mind and build, a business man these many years, but with the imprint of the machine-shop worker and boss still upon him. When he reads, when he speaks, when he listens, it is with the terrible concentration of the uneducated man for whom there is still wonder in many commonly known things, a man whose judgment must be dredged out of experience and a peasantlike common sense. A man among men.
There is no doubting that this is like a Greek tragedy. The mother tells the son that the brother who was a pilot and has been missing for years is still alive.
Your brother’s alive darling, because if he’s dead your father killed him. Do you understand me now? As long as you live, that boy is alive. God does not let a son be killed by his father.
This drama, like that of Ibsen, is both hair-raising and fundamental, and the end of this play is quite as shocking as the end of Hedda Gabler.
The Crucible grabs and distresses us for different reasons. It is a fraught descant on the lynch mob, and it had and continues to have so much impact because it covers ground from the Salem witch trials of the seventeenth century to the McCarthy pogroms of the twentieth century. In the course of both, we get to see ourselves at our most fragile and lethal worst. And this is ‘us’ – this is not an American problem any more than fascism was a German problem.
The children at Salem in 1692 suffered from hysteria in the medical sense. The reaction of the community was hysterical in the popular sense. If you believe in witchcraft, it works. (Witness the effect of pointing the bone in our indigenous community.) A ‘victim’ showing hysterical symptoms is a victim of a fear of witchcraft rather than of witchcraft itself, although the distinction may not matter. John Hale showed a remarkable insight when he observed at Salem that the suspects showed fear not because they are guilty, but because they were suspected. In 1841 a Boston legal commentator said that no one was safe and that the only way to avoid being accused was to become an accuser. That script was re-written word for word during the Terror in France.
From 1950 to 1954 the Junior Senator from Wisconsin, Joseph McCarthy, used The Senate Permanent Sub-committee on Investigations as his version of The House of Un-American Activities (HUAC) to pursue people who had had any association with the Communist Party. HUAC had previously been a dodgy little affair specialising in anti-Semitism, but when the Red scare came to prominence under the boozy mania of McCarthy, real people got badly hurt without anything resembling a trial, much less due process. The Americans had in truth unleashed a latterday pogrom, and it only ceased when McCarthy over-reached and went after the Army.
One of the writers forced to appear before the HUAC was Arthur Miller. He correctly believed that he only got his subpoena because of the identity of his fiancée. (In an amazing commentary on the difference between the power of sex appeal and the sex appeal of power, the Chairman offered to cancel the session if he could be photographed with Marilyn Monroe.)
Miller adopted the position that had been taken before the committee by Lillian Hellman. She said that she was willing to talk about her own political past but that she refused to testify against others. She said:
I cannot and will not cut my conscience to fit this year’s fashions, even though I long ago came to the conclusion that I was not a political person and could have no comfortable place in any political group.
Hellman did not have the advantage of a beautiful lover. Not only was he not gorgeous, but he was avowedly left wing and he was jailed for refusing to rat. Partly for this reason, Hellman is not as fondly remembered in some quarters as Miller.
Hellman described her experiences in the book Scoundrel Time, published in 1976. Miller described similar experiences in a play published in 1953. That play was The Crucible. It was based on the events in Salem in 1692, and is a searing testimony to the ghastly power of a mob that has lost its senses. When Miller was called before the HUAC in 1956, it reminded him of The Crucible, as life followed art.
And if you have invented Satan, you have to give him some work to do. The failure of due process before the HUAC takes your breath away, but it got worse before the courts. When people were charged with contempt for refusing to answer, the trials did not take long. The prosecution called expert evidence. They called an ‘expert on Communism’ to testify that the accused had been under ‘communist discipline’. When Miller’s counsel announced he was going to call his expert to say that Miller had not been under discipline of the Communist Party, Miller noticed ‘that from then on a negative electricity began flowing toward me from the bench and the government table.’ Miller thought his expert was good, ‘but obviously the tracks were laid and the train was going to its appointed station no matter what.’ The nation that would have been entitled to see itself as having the most advanced constitutional protection of civil rights on earth had been scared out of its senses by a big bad bear that existed mostly in the minds of the tormented.
In the Introduction, Arthur Miller wrote:
It was the fact that a political, objective, knowledgeable campaign from the far Right was capable of creating not only a terror, but a new subjective reality, a veritable mystique which was gradually assuming even a holy resonance. The wonder of it all struck me that so picayune a cause, carried forward by such manifestly ridiculous men, should be capable of paralyzing thought itself, and worse, causing to billow up such persuasive clouds of ‘mysterious’ feelings within people. It was as though the whole country had been born anew, without a memory even of certain elemental decencies which a year or two earlier no one could have imagined could be altered, let alone forgotten.
The relevance of all this to the mess that we see across the West today is obvious. Indeed, if you read those words again you may be frightened by the references to ‘paralyzing thought’ and ‘elemental decencies.’ The lynch mob or pogrom is simply the ‘people’ at its worst. We are now confronted everyday by affronts committed in the name of ‘populism’ as if being popular affords some evidence or warranty of worth. (Was there ever a politician who was more popular than Adolf Hitler was in 1936?) What we now see is our dark under-belly being flaunted before our eyes by people stunted by envy.
Arthur Miller went on to comment on what may be described as our ‘darker purpose’ in terms that Hanna Arendt would have recognised. He referred to ‘the tranquility of the bad man’ just as Arendt referred to the ‘banality of evil’, and to ‘the failure of the present age to find a universal moral sanction.’
I believe now, as I did not conceive then, that there are people dedicated to evil in the world; that without their perverse example, we should not know good…I believe merely that, from whatever cause, a dedication to evil, not mistaking it for good, but knowing it as evil, is possible in human beings who appear agreeable and normal. I think now that one of the hidden weaknesses of our whole approach to our dramatic psychology is our inability to face this fact – to conceive, in effect, of Iago.
Those propositions are hugely important.
A View from the Bridge might for some bear more of a resemblance to an Italian opera – say, Cavalleria Rusticana – than a Greek tragedy, with a heavy sauce supplied by Doctor Freud, but for the sake of Sicilian honour, the hero continues the bad run of this author’s heroes. The same sense of inevitability – doom – is there again. By contrast, the author says that A Memory of Two Mondays is a ‘pathetic comedy….a kind of letter to that subculture where the sinews of the economy are rooted, that darkest Africa of our society from whose interior only the sketchiest messages ever reach our literature or the stage.’ Each of these plays is pitched well below the middle class – and territory not covered by Ibsen or Chekhov.
In commenting on King Lear, an English scholar said that we go to great writers for the truth. The last word may make us wobble a little at the moment, but we look to great writers – and Arthur Miller was certainly a great writer – to hold up a mirror so that we can see ourselves for what we are. Arthur Miller says in the Introduction:
By whatever means it is accomplished, the prime business of a play is to arouse the passions of its audience so that by the route of passion may be opened up new relationships between a man and men, and between men and Man. Drama is akin to the other inventions of man in that it ought to help us to know more, and not merely to spend our feelings.
We might then flinch at what is presented to us in the theatre, but Arthur Miller did not. His memoire Timebends is a testament to his enduring moral and intellectual fibre – as of course are the five plays in this fine book.This Franklin edition is lusciously presented and reminds us that if we want to try to understand the human condition, the place to go to is the theatre. And whatever else may be said of Arthur Miller, he knew what it was to be dramatic.
The book is dedicated to Marilyn.
Passing Bull 245 – Responsibility
Kushner said: ‘In the Democratic convention, I’m hearing a lot of lecturing moralists … in this administration, we have a lot of doers, we have businessmen, we have people who are held accountable.’ Accountable? Facing a burgeoning pandemic back in March, Trump had this to say, ‘I don’t take responsibility at all.’ One of the testimonials on the Build The Wall site is from Don Trump Jr, who said: ‘This is private enterprise at its finest.’ Now Trump is distancing himself. After the news of the arrests broke he said: ‘I disagreed with doing this tiny section of wall in a tricky area by a private group which raised money by ads’.
The words ‘responsible’ and ‘accountable’ frequently have the same meaning, and equally frequently, it is hard to see what that assertion may entail. If we say that John is ‘responsible’ for a failure to control people who may be carrying an infectious disease, what does that mean? What if John says ‘I am sorry for that’? Is that the end of it? If there is no relevant mechanism to confirm that there was in fact a failure to control people and that because of the role of John in that failure he is subject to a decision involving consequences that are adverse to him?
If a Minister of the Crown makes an error, he is accountable to the Parliament for that error. That is part of what we call ‘responsible government’. But the time has long since passed where a Minister of the Crown would accept responsibility for an error made by a civil servant. Nowadays you might an expression of regret, or even an apology, but that’s all. You will have to wait for the next election when you can express your discontent at the ballot box.
If you get hit by a van delivering for a pizza company, the law may impose liability on the company, and in doing so, it will not be making a finding against the company. Its liability is based on a policy of the law to make employers liable for the faults of its employees. This liability does not depend on a finding of fault against the employer.
During the current epidemic, people engaged – to use a neutral term – in dealing with people who may be carrying a virus made errors of judgment. The premiers say they are sorry, and that for them is an end to the matter. They may suffer a loss of votes at the next election, but in what respects are they otherwise said to be ‘responsible’ or ‘accountable’ for the errors made by people engaged by the government?
Bloopers
Our media, dominated by publicly funded progressives, is part of the problem….Our media/political class has eviscerated a self-reliant, robust anti-authority, and egalitarian country. Our politicians have done far more damage than the coronavirus…..Outside war, we have never suffered so much government. But there is little leadership. We are bordering on delusion.
The Weekend Australian, 22 August, 2020. Chris Kenny
Some get fixated on the apocalypse.
MY SECOND TOP SHELF – 13 – Euripides
[These are serialised extracts of all the fifty books referred to in a book as yet unpublished called ‘My Second Top Shelf, or What Used to be Called a Liberal Education’. The content of these may change before further publication.]
EURIPIDES
PLAYS (circa 410 BC)
The Franklin Library, 1976. Nine plays, variously translated. All green leather, gold embossing, humped spine, god leaf, navy moiré and ribbon, etchings by Quentin Fiore.
They died from a disease they caught from their father. (Medea)
The Australian artist Tim Storrier, two of whose (numbered) works I have at home likes painting fire and water, and the stars and pyramids. He has, therefore, a taste and feel for the elemental. So it was with the drama of the ancient Greeks. It is as black and white as ‘High Noon’, a little like ‘Neighbours’, but up very close, and very in your face and very, very terminal. The Greeks liked keeping their murders in house. Euripides is probably the most accessible on the page or on the stage for modern audiences.
I saw Medea in London played by Diana Rigg – no ordinary avenger. It was first produced in about 431 BC (during the Peloponnesian War). It can sound strikingly modern. Here is how the hero states her condition.
Of all things which are living and can form a judgment
We women are the most unfortunate creatures.
Firstly, with an excess of wealth it is required
For us to buy a husband and take for our bodies
A master. For not to take one is even worse.
……..
A man, when he’s tired of the company in his home,
Goes out of the house and puts an end to his boredom
And turns to a friend or companion of his own age.
But we are forced to keep our eyes on one alone
What they say of it is that we have a peaceful time
Living at home, while they do the fighting in war.
How wrong they are!
Truly does the Bible say that there is nothing new under the sun. When her husband rats on her, Sir Paul Harvey in the Oxford Companion to Classical Literature (which it is handy to have around when reading or seeing these plays) says: ‘The desertion and ingratitude of the man she loves rouses the savage in Medea, and her rage is outspoken.’ The savage in us all is what Greek drama is largely about. Since she kills her successor and her father, her children will die:
No! By Hell’s avenging furies it shall not be –
This shall never be, that I should suffer my children
To be the prey of my enemies’ insolence.
In case you are asking, we hear from the children offstage before they go, and their mother then unloads the mordant pearler that stands at the head of this note. What we not give to know how audiences reacted to all this all that time ago?
In some ways, The Trojan Women is even tougher. The women and children are given up to the victors after the fall of Troy. Their names have been burnt into our consciousness through The Iliad and these plays and opera. A child is sacrificed over the grave of Achilles. Cassandra is given to Agamemnon ‘to be joined with him in the dark bed of love.’ Hecuba is to be ‘slave to Odysseus.’
To be given as slave to serve that vile, that slippery man,
Right’s enemy, brute, murderous beast,
That mouth of lies and treachery, that makes void,
Faith in things promised
And that which was beloved turns to hate. Oh, mourn,
Daughters of Ilium, weep as one for me.
This is like the Old Testament. Andromache drops these great lines:
Death, I am sure, is like never being born, but death
Is better thus by far than to live a life of pain,
Since the dead with no perception of evil feel no grief…
But the widow Hector comes crashing back to earth as she reflects that she has been given to the son of his killer. Will she defile Hector’s memory?
Yet they say one night of love suffices to dissolve
A woman’s aversion to share the bed of any man.
The Orestes here is not in the same league as that of Aeschylus. It is very long, although the dialogue can be crisp, as in this exchange between Menelaus and Orestes.
I am a murderer. I murdered my mother.
So I have heard. Kindly spare me your horrors [!]
I spare you – although no god spared me.
What is your sickness?
I call it conscience: The certain knowledge of wrong, the conviction of crime.
You speak somewhat obscurely. What do you mean?
I mean remorse. I am sick with remorse.
We will return to ‘conscience’, but the play is about the dilemna at the dawn of our law.
Where, I want to know, can this chain
Of murder end? Can it never end, in fact,
Since the last to kill is doomed to stand
Under permanent sentence of death by revenge.
No, our ancestors handled these matters well
……………….they purged their guilt
By banishment, not death. And by so doing,
They stopped that endless vicious cycle
Of murder and revenge.
If art reflects on the human condition, these old Greek plays are in at the beginning. This is their looking at us, tiptoeing around the rim of a volcano, and hoping that we do not fall in. Have we changed at all?
Here and there – Twilight of Democracy
Twilight of Democracy
The Seductive Lure of Authoritarianism
Anne Applebaum
This book is beautifully written. It is also very sad. It could be given to apprentice barristers because its author understands that for an advocate, candour is a weapon. And that it is a weapon is not realised by those people that Anne Applebaum describes. She looks at the recent political shifts in Poland, Hungary, Spain and England – or, I should say, Great Britain – and asks who are the kinds of people that are attracted by the lure of authoritarian rule? Her answer is ‘people who cannot tolerate complexity.’ You may want to be careful how you put that. You could get into serious trouble if you referred to those people as ‘simpletons’ or even ‘simple minded.’ (You get sent straight to the stocks if you say that they are ‘deplorable.’)
….the ‘authoritarian predisposition’….is not exactly the same thing as closed-mindedness. It is better described as simple-mindedness: people are often attracted to authoritarian ideas because they are bothered by complexity. They dislike divisiveness. They prefer unity. A sudden onslaught of diversity – diversity of opinions, diversity of experiences – therefore makes them angry. They seek solutions in new political language that makes them feel safer and more secure.
This is the kind of failing that Keats had in mind when he spoke of the ‘negative capability’ of Shakespeare – ‘when a man is capable of being in uncertainties, mysteries, doubts, without any irritable reaching after fact and reason.’ A professional person must pursue this course; its absence is fatal in a judge; and it should be a paramount objective of what might be called a liberal education. Educated people – and you also need to be careful about where you use that term – are brought up to distrust anyone claiming to have the answer. But that is what those who surrender to the seduction crave. It puts an end to anxiety and gives them peace. Life is easier when you march to the beat of a drum.
And, of course, if you have the answer, then those against you are worse than perverse. They are diagnosably wrong. What you get is something like all-out war. What we then miss is what Sir Lewis Namier referred to as ‘restraint coupled with the tolerance that it implies.’ The term is ‘polarised’ – what one participant told the author was ‘winner takes all.’ In Australia at the moment, a mild disagreement about handling a virus leads to shrieking about the death of democracy.
And you will see immediately how Twitter and the like feed those cancers and deliver up the credulous to their puppeteers. What you get is a ‘frame of mind, not a set of ideas.’ And in the company of those of like mind, you get identity, the marks of which you bear with pride.
And the answers are plain. ‘The emotional appeal of a conspiracy theory is in its simplicity.’ For the followers of Hitler, the Jews were the enemy; for the followers of Obán, it is Mr George Soros. It doesn’t matter much whom you choose for scapegoats – say Jews, Muslims, migrants or gay people – as long as they are indentifiable and vulnerable. What you have is ‘resentment, revenge, and envy.’ What you are released from is responsibility for your own history. And you distrust experts. You don’t want to concede their power or let them take your time. You may even burble some nonsense about sovereignty.
As I said elsewhere:
Lord Clark said … that ‘as rational argument declines, vivid assertion takes its place.’…. You see a similar problem with people who ignore evidence that is contrary to the view they have formed provisionally. It looks good enough to get a problem off their desk to someone else’s – why give yourself more trouble by re‑examining the point? The problem is, in large part, one of laziness, the quest for the easy life, and for an end to uncertainty and anxiety. …..The real problem is that most of us are not ready to acknowledge the prior opinion, nor the extent of its hold on us. As Aldous Huxley observed, ‘Facts do not cease to exist because they are ignored’; or, as Warren Buffett said: ‘What the human being is best at doing is interpreting all new information so that their prior conclusions remain intact.’ ….There is a related problem about our reluctance to be left in doubt or uncertainty. It is sometimes hard to resist the suggestion that doing something is better than doing nothing. That position is commonly dead wrong. The French philosopher Blaise Pascal memorably said that, ‘All of humanity’s problems stem from man’s inability to sit quietly in a room alone.
At least three things sadden me about what this book tells us. The first is that people like Farage, Trump and Boris Johnson are not people you would like to invite into your home.
Quite a lot of people have since remarked on Johnson’s outsized narcissism, which is indeed all consuming, as well as his equally remarkable laziness. His penchant for fabrication is a matter of record.
They are the attributes of Farage and Trump. They are like spoiled children. They are not used to being denied, or even checked. If they do meet obstruction, they sulk about the structures in their way. They even claim to be persecuted. The contempt of Farage for displaced Muslim persons in 2016 was manifest. Just about every day, people like Trump or Johnson do something that would get them fired from the position of CEO of a public company. But it appears that the bargaining power of those who put them in power does not allow them to call their leader to account.
The second point of sadness is that the followers of these liars rejoice in their lies. This is part of the myth that the establishment is being stormed. ‘Dominic Cummings’ Vote Leave campaign proved it was possible to lie, repeatedly, and to get away with it.’ It is quite remarkable how much time is spent by members of the elite complaining about the conduct of the elite; some even claim to be persecuted by the elite.
That brings us to God in America. It has been a problem since the Puritans arrived and found themselves in the majority – they were fast running out of favour in England. The pact between Trump and the evangelical Christians is something like: ‘You give us judges that will ban abortion and we will forget the Sermon on the Mount for federal politics.’ (Could you believe it? The meek shall inherit the earth?) That is sickening enough – but Rome did deals with Mussolini, Hitler, and Franco. And according to the author, some in America believe that ‘Russia is a godly Christian nation seeking to protect its ethnic identity.’ Others have odd views about Jerusalem.
If you see Laura Ingraham of Fox News on TV, you may feel the chill of her Aryan froideur even if you are not Jewish. She is a Catholic who once went on a date with Trump and who gives lectures on Christian values and virtues – ‘honor, courage, selflessness, sacrifice, hard work, personal responsibility, respect for elders, respect for the vulnerable.’ Trump is none of those things. When Ms Ingraham interviewed Trump on the anniversary of D-day, she said ‘By the way, congratulations on your polling numbers.’ How can any faith survive that kind of betrayal? And the worst of it is that some of these people call themselves ‘conservatives’. Do any of them have any sense of shame left at all?
Then there is Falstaff – ‘Jack to my friends and Sir John to all Europe’. (I refer to the Falstaff of the history plays, and not the sit-com of The Merry Wives of Windsor so gorgeously realised by Verdi in his carnival opera version). Falstaff is, not necessarily in order, a coward, a drunk, a thief, a liar, a cheat, a crawler, a snob and a womaniser. He is also the most popular character that Shakespeare ever created – so popular, some say, that the Queen commanded and got a whole play by way of encore. For all his faults – his vices – we relate to Falstaff. But looked at objectively, he is what Sir Anthony Quayle – and he should know – described as ‘frankly vicious.’
Is there something in our psyche – perhaps the complete reverse of the superego – that leads us to enjoy someone who openly mocks our whole establishment and its tiresome virtues? You often hear people say that they like Trump because he can say things that they would never get away with – about, say, the first black president. That is probably also the main source of appeal of those frightful parasites called shock jocks. This is what Tony Tanner (in his Prefaces to Shakespeare) said:
In carnival, social hierarchy was inverted, authority mocked, conventional values profaned, official ceremonies and rituals grotesquely parodied, the normal power structures dissolved – in a word, Misrule, Riot, the world upside down.
That is a fair summary of some of the more unattractive aspects of Falstaff and of those living in the world of the current White House. And when you look at it, there is about Falstaff, as there is about Trump and Johnson, the aura of a spoiled child who never grew up.
Anne Applebaum says that ancient philosophers had their doubts about democracy – as did the movers of the revolutions of 1688, 1776, 1789, and 1917. Plato feared the ‘false and braggart words’ of the demagogue, and wondered if democracy was anything more than a staging point on the way to tyranny. This fine book shows a clear light on our current descent.
Passing Bull 243 – Silliness about rights
You have the right walk down the street outside my house. But you may be denied that right if you want to cross the road at a light controlled intersection and you are facing a red light. We use traffic lights to reduce the risk of accidents between people using the same roads. But then we took a further step. We made it compulsory for the driver of a motor car to wear seat belts. This law was not made to reduce the risks of others being hurt. It was made to reduce the risk of damage if the driver was involved in a collision. Some people were offended. They complained that this law invaded their rights by impairing their freedom. One answer is that all laws affect the freedom of people since they will not be free – they will have to face consequences – if they break the law. If you want to introduce economics into this discussion about compulsory wearing of seat-belts, it is that people injuring themselves badly because they are not wearing seat-belts may be injured badly enough to require hospitalisation – at our expense.
That is the argument for the compulsory wearing of face masks during a time of epidemic. You do not hear that argument so much outside the U S, but to many of us, Americans have a fixation about ‘rights’ and ‘liberty.’ That fixation reached the level of madness when a state governor sued a city mayor for seeking to make the wearing of face masks compulsory. It adds nothing to say that a law affects ‘freedom’ since all laws do just that.
Bloopers
We’ve been having a lively debate lately about what the sudden social-justice ascendancy in American institutions represents, and whether the new iconoclastic progressivism is just an organic development in liberalism or a post –liberal successor.
New York Times, 7 July, 2020
Deputy Chief Medical Officer Michael Kidd said later ‘the Commonwealth accepts the need for this action in response to containing spread of the virus’.
But, Kidd said, the Australian Health Protection Principal Committee — the federal-state health advisory body so often invoked by Morrison — ‘was not involved in that decision.
‘The AHPPC does not provide advice on border closures’, Kidd added.
ABC, 7 July, 2020
Here and there – Black Knight plays White Queen
The events known as the Dismissal of 1975 have come back to the front page of our press with the release of correspondence between the Palace in London (on behalf of the Queen) and the Governor-General (Sir John Kerr) in Australia. Those who had the custody of those documents had resisted disclosing them. The resistance was fierce and prolonged. It is hard to think of a good reason why the people of Australia should have been prevented from getting access to documents that may throw light on one of the most contentious political episodes in our history.
At the heart of that dispute was the question of what is the proper role of the executive of the Commonwealth – the Queen and the Governor-General – in resolving a deadlock between the two houses of Parliament.
The dispute had arisen because one party had used its numbers in the Senate to block supply to the government with a view to forcing an early election and, as I recall, state governments had filled Senate vacancies with people they thought would be amenable to their views. The government had been acting badly, but there were good grounds to suggest that the opposition parties had breached long standing political conventions in the way in which they were blocking supply. The atmosphere was worse than tense. It was venomous.
The answer about the proper role of the Queen and the Governor-General in our political affairs was not given by the Queen. The answer was driven from London from advisers in the Palace and from the Governor-General and his staff in Canberra. The Queen, we are told, had no part in the decision. According to the correspondence now released, the decision reached by her advisers in the Palace and the Governor-General in Australia was that the Queen should have nothing to do with this crisis in Australia, and it should all be left to the Governor General – albeit with the benefit of advice to him from the staff of the Queen at the Palace. The decision that the Queen should play no part extended to a decision that she should not be told in advance what action the Governor-General might take.
All that raises the question – if the Queen has no part to play in resolving an issue like this, what is the point of keeping the Queen as part of the government of the Commonwealth of Australia?
The Constitution in section 61 provides:
The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen’s representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth.
In considering this provision, we should remember that the Constitution was contained in a schedule to an act of the British Parliament that was passed at the time when Great Britain was at the pinnacle of its power ruling over one of the greatest empires in the history of the world – if ‘great’ is an appropriate epithet for any empire. When the mother country granted former colonies their independence, as it had done with Canada and as it would do with many other nations in Africa and Asia, it did so by setting up the constitutions of those nations so that they would follow what the British were reasonably entitled to believe was their greatest contribution to the world – the rule of law under the common law and the Westminster version of parliamentary democracy. You can, if you wish, test the validity or worth of that faith by looking at the subsequent histories of, say, the former colonies of Belgium, France, Germany, Holland, or Italy.
The terms ‘power’ and ‘vesting’ that appear in s. 61 may at times be legally charged, as may be the notion of delegation implicit in the stipulation that the Governor-General may exercise those powers of the Queen, but the intention and effect of this law is plain enough. The mother country is bequeathing its system of government to the fledging nation that it is giving birth to. If you look at s. 61, you see that the powers that are exercisable by the Governor-General are the powers of the Queen. The law says that the Governor-General acts as ‘the Queen’s representative.’ It is like the relation between principal and agent developed by the common law.
In the business of running the government, the Governor-General has the powers of the Queen. And part of our overall constitutional framework is that the Governor-General, like the Queen, can only exercise those powers on advice from the Ministers of the Crown who are members of parliament and who have the confidence of a majority of that parliament.
There is therefore no need to ask what might happen if there was a dispute between the Queen and the Governor-General as to how those powers should be exercised – each of them can only act on the advice of the government of the day. It follows of course that it would not be open to the Governor-General to act in a manner that is denied to the Queen – by, for example, acting not just without the consent of the government, but by acting against the express wishes of that government. To put it more broadly, it is difficult under our law to envisage an agent having more power than the principal. Perhaps we might consider the analogy of chess – the queen is much more powerful than a knight, but the knight moves in a way that the queen cannot; a player who sacrifices a queen for a knight is mad; and the king is untouchable.
The debate, if that is what it was, about the ‘reserve powers’ of the Governor-General calls to mind the issue of the ‘royal prerogative’ in the seventeenth century. The Stuart kings could not shed the illusion that their powers – the prerogative of the Crown – came from God – and could only be taken from them by God. That issue was resolved against the Crown in the events known as the Glorious Revolution of 1788-1789. James II, the last of the Stuarts, decamped ingloriously, heaving the royal seals into the Thames as he went, possibly reflecting, as one mordant historian remarked, about that part of the neck that was severed when the English cut off his father’s head; Dutch troops patrolled the streets of London; and the parliament and the Queen, who was the daughter of James II, and William of Orange signed the Hanoverians up to supply a line of house trained kings from Germany to run things in England. This is where we get the supremacy, or, if you prefer, the sovereignty of parliament. Virtually all powers of the Crown were subject to the will of the people in parliament. Looking back on it now, this does look like a pan European solution to a very English problem. The efforts of the French to follow suit a century later met a much harder fate.
Lord Denning, am English jurist of last century, did not pussy-foot about the English solution.
Concede, if you wish, that, as an ideology, communism has much to be said for it: nevertheless, the danger in a totalitarian system is that those in control of the State will, sooner or later, come to identify their own interests, or the interests of their own party, with those of the State: and when that happens the freedom of the individual has to give way to the interests of the persons in power. We have had all that out time and again in our long history: and we know the answer. It is that the executive government must never be allowed more power than is absolutely necessary. They must always be made subject to the law; and there must be judges in the land who are ‘no respecters of persons and stand between the subject and any encroachment on his liberty by the executive.’ We taught the kings that from Runnymede to the scaffold at Whitehall [the execution of Charles I]: and we have not had any serious trouble about it since.
It therefore came as quite a surprise to learn from the correspondence now released that the staff of the Queen at the Palace and the Governor-General in Australia went out of their way to ensure that the Queen had no notice at all of what would be the most significant step ever taken purportedly on behalf of the Queen in the history of the Commonwealth of Australia. Of course in the day to day business of government, the Queen is never consulted. But on what basis did those who advised Sir John Kerr about his powers decide that the Queen should be not be informed or in any way involved in the way that her powers should be exercised in a manner that had never been done before?
And although the Queen could only act on the advice of the government of the day, the Governor-General was acting in this case in a manner expressly contrary to that advice. It has always seemed to many to be odd to say that the person entrusted with the powers of the Queen could exercise those powers in a manner expressly denied to the Queen – that in some ways his powers were more plenary than when exercised by Her Majesty. What the Palace correspondence shows is a Governor-General acting in a manner that was contrary to an essential pillar of our inherited Westminster system of government.
The reason offered for that course is that if the Governor-General had warned the Prime Minister of his intention, the Prime Minister could have asked the Queen to remove the Governor-General and she would then have been obliged to do so. Is that not a matter of the Governor-General acting peremptorily in order to preclude the possibility of the Queen acting appropriately? And does that just leave us with Alice in Wonderland?
If after the Governor-General had acted as he did and he had informed the Queen, what may have been the case if the Queen had been of the opinion that she would have acted differently? And how could Her Majesty have said otherwise when she was obliged to act, and only to act, on the advice of her Australian ministers?
It is not therefore surprising to read that a former member of the Palace bureaucracy says now:
I suspect that the advice that would have been given to him [Sir John Kerr] was that it would have been prudent to hold off a bit longer. But obviously he felt the pressure of these two contingencies about the election and the financial situation were too pressing to ignore. I think it was very proper of him not to ask and in ways which are now very evident, very sensible and satisfactory that he didn’t. There was considerable discussion of a hypothetical nature about the existence of, and appropriateness of, applying to those reserve powers, but at no stage did the Governor-General ever ask the Queen to suggest that he should act in any particular way, and nor did she offer that advice through her private secretary…
The press reports that this gentleman and the author of the Palace letters thought that Australia was embroiled in a ‘political’ and not ‘constitutional’ crisis and concluded that the Governor- General had intervened ‘too precipitously’ to resolve the deadlock over supply.
All of us in London thought that if Kerr had been able to hold his nerve for just a day or two more, there probably would have been a political solution to the problem, which would have avoided a lot fuss.
And ‘a lot of fuss’ there was – that might have been avoided if the various officials in London and Canberra had not sought and managed to keep the Queen out of this dispute.
And one day someone in Whitehall may illuminate us about the distinction between a ‘political’ crisis and a ‘constitutional’ crisis. It looks to be the kind of question that could have tantalised Aristotle or Plato or Augustine or Aquinas in different ways. Some may be reminded that the medieval Schoolmen agonised over the question of how many angels can dance on the point of a needle. This is not the kind of speculation that we need to see in the government of our nation.
Well, what are we now to make of all this? Does it not just look like an episode of Yes, Minister that has gone horribly wrong?
Many Australians, including me, were infuriated by what happened in 1975. Now many of those Australians, again including me, just feel personally insulted that the fate of their government in 1975 had been determined by the actions of Palace officials in London and a Governor-General here who thought that it was appropriate for him to act in the way that he did without notice either to the Queen of Australia or to the Prime Minister of Australia.
When you come to think about it, there was truly chutzpah to behold in civil servants in the onetime seat of a mighty empire involving themselves in the affairs of onetime colonies and helping to bring about a change of government – without any notice to its head of state or prime minister. The term coup d’état may be too strong, but I know how some people feel. If there is one thing worse than a monarch wanting to intervene in our affairs, it may be a monarch who wants nothing to do with us, even though our constitution makes her the primary repository of the executive powers of the Commonwealth.
Now, forty-five years later, we may wonder if the reaction to the election of Gough Whitlam in Australia might now be seen in the reaction to the election of Barak Obama in the United States – ‘this aberration is not the way that we the better people are used to doing business, and we may therefore just have to bend the rules a little in order to restore the status quo; democracy is at its best when it is duly guided, and sometimes the people just forget what’s best for them.’
It brings to mind an immortal cartoon of Ron Tandberg. Just before he retired, Sir John put on a routine of another but much better known Sir John – Falstaff. Sir John presented the Melbourne Cup when it was obvious to tout le monde that he was as full as a state school. Tandberg showed him blotto with crosses for eyes under a silly, tilted top hat. The caption was: ‘I love making presentations in November. Like when I gave the nation back to its true owners.’
Gough Whitlam said Sir John was the last of the Bourbons. He might as well have said Stuarts – they were very helpfully incorrigible. But it is notorious that those in the diaspora cling to relics long after their time has passed. Sir Lewis Namier said that the US is ‘in certain ways, a refrigerator in which British ideas and institutions are preferred long after they have been forgotten in this country’.
Well, two things are clear enough – indeed, two things are transcendentally clear. First, very few people in Australia want to give any power to any government officials in London to settle their political disputes. Secondly, no one in London wants to be involved in any such Australian disputes. The time of this institution in Australia has passed from us long ago. That being so, the presence of the monarchy in our body politic is as useful as the appendix in my body and it is time for us to achieve independence from Great Britain and proceed under our own head of state.
MY SECOND TOP SHELF – 11
[These are serialised extracts of all the fifty books referred to in a book as yet unpublished called ‘My Second Top Shelf, or What Used to be Called a Liberal Education’. The content of these may change before further publication.]
THE BROTHERS KARAMAZOV
Fyodor Dostoevsky, 1880
Folio Society, 1964; bound in illustrated boards with slipcase; drawings by Nigel Lambourne
Wagner and Dostoevsky had a lot in common. Neither was ever at risk of underestimating his own genius, and the behaviour of neither improved as result. Both were prone to go over the top. You can find forests of exclamation marks in the writings of both. And both could and did bang on for far too long for some of us. They both badly needed an editor. But if you persist with either of these men of genius, you will come across art of a kind that you will not find elsewhere. The Brothers Karamazov, is a case in point. In my view, it could be improved by being halved – but you would be at risk of abandoning diamonds.
The most famous part of the novel comes with a sustained conversation between two brothers, Alyosha, who is of a saintly and God-fearing disposition, and Ivan, who is of a questing and God-doubting outlook. The conversation comes in Part 2, Book 5, chapters 4 and 5, Rebellion and The Grand Inquisitor.
Ivan gets under way with ‘I must make a confession to you. I never could understand how one can love one’s neighbours.’ The author probably knew that Tolstoy had written a book that asserted that the failure of civilisation derived from our failure to take seriously the Sermon on the Mount. We are familiar with Ivan’s biggest problem.
And, indeed, people sometimes speak of man’s ‘bestial’ cruelty, but this is very unfair and insulting to the beasts; a beast can never be so cruel as a man, so ingeniously, so artistically cruel. A tiger merely gnaws and tears to pieces, that’s all he knows. It would never occur to him to nail men’s ears to a fence and leave them like that overnight, even if he were able to do it ….The most direct and spontaneous pastime we have is the infliction of pain by beating.
Well, that attitude is not completely dead in Russia. Ivan is objecting to the unfairness, and the random nature, of cruelty, and he comes up with a phrase that so moved Manning Clark.
Surely the reason for my suffering was not that I as well as my evil deeds and sufferings may serve as manure for some future harmony for someone else. I want to see with my own eyes the lion lay down with the lamb and the murdered man rise up and embrace his murderer. I want to be there when everyone suddenly finds out what it has all been for. All religions on earth are based on this desire, and I am a believer…I don’t want any more suffering. And if the sufferings of children go to make up the sum of sufferings which is necessary for the purchase of truth, then I say beforehand that the entire truth is not worth such a price….Too high a price has been placed on harmony. We cannot afford to pay so much for admission. And therefore I hasten to return my ticket….It’s not God that I do not accept, Alyosha. I merely most respectfully return him the ticket.
That is very strong stuff. There may be answers, but Alyosha doesn’t have them.
‘This is rebellion,’ Alyosha said softly, dropping his eyes.
‘Rebellion? I’m sorry to hear you say that, said Ivan with feeling. One cannot live by rebellion, and I want to live. Tell me straight out, I call on you –imagine me: imagine that you yourself are building the edifice of human destiny with the object of making people happy in the finale, of giving them peace and rest at last, but for that you must inevitably and unavoidably torture just one tiny creature, that same child who was beating her chest with her little fist, and raise your edifice on the foundation of her unrequited tears – would you agree to be the architect on such conditions? Tell me the truth.’
‘No I wouldn’t said Alyosha softly.
Nor would any other sane person. So much for rebellion – now for the Grand Inquisitor. Ivan said he wrote a long poem about this functionary. He had set it in Spain during the Inquisition.
The Cardinal is very old, but in fine fettle. He has just supervised the public execution by fire of nearly one hundred heretics. But his peace is disturbed by the arrival of a holy man. ‘In his infinite mercy he once more walked among men in the semblance of man as he had walked among men for thirty-three years fifteen centuries ago.’ The crowd loves him. A mourning mother says ‘If it is you, raise my child from the dead.’ The only words he utters are in Aramaic, ‘Talitha cumi’ – ‘and the damsel arose’. And she does, and looks round with ‘her smiling wide-open eyes.’ The crowd looks on in wonder, but the eyes of the Cardinal ‘flash with ominous fire.’
He knits his grey, beetling brows….and stretches forth his finger and commands the guards to seize HIM. And so great is his power and so accustomed are the people to obey him, so humble and submissive are they to his will, that the crowd immediately makes way for the guards, and amid the death-like hush that descends upon the square, they lay hands upon HIM, and lead him away.
That sounds like the Saint Matthew Passion – doubtless, deliberately so. The Cardinal visits the prisoner in the cells. ‘It’s you, isn’t it?’
Do not answer, be silent. And, indeed, what can you say? I know too well what you would say. Besides, you have no right to add anything to what you have already said in the days of old. Why then did you come to meddle with us? For you have come to meddle with us and you know it……Tomorrow, I shall condemn you and burn you at the stake as the vilest of heretics, and the same people who today kissed your feet will at the first sign from me rush to take up the coals at your stake tomorrow.
Ivan, brought up in Orthodoxy, explains that that in his view the fundamental feature of Roman Catholicism is that ‘Everything has been handed over by you to the Pope, and therefore everything now is in the Pope’s hands, and there’s no need for you to come at all now – at any rate, do not interfere for the time being’. Ivan thinks this is the Jesuit view. The Cardinal went on.
It is only now – during the Inquisition – that it has become possible for the first time to think of the happiness of men. Man is born a rebel, and can rebels be happy? You were warned. There has been no lack of warnings, but you did not heed them. You rejected the only way by which men might be made happy, but fortunately in departing, you handed on the work to us.
Then comes the bell-ringer.
You want to go into the world and you are going empty-handed, with some promise of freedom, which men in their simplicity and innate lawlessness cannot even comprehend – for nothing has ever been more unendurable to man and to human society than freedom!….Man, so long as he remains free has no more constant and agonising anxiety than to find as quickly as possible someone to worship. But man seeks to worship only what is incontestable, so incontestable indeed, that all men at once agree to worship it all together….It is this need for universal worship that is the chief torment of every man individually and of mankind as a whole from the beginning of time…
Ivan comes again to the problem of freedom which is discussed in conjunction with the three temptations of Christ. It’s as if the Church has succumbed to the third temptation and assumed all power over the world.
There is nothing more alluring to man than this freedom of conscience, but there is nothing more tormenting either. And instead of firm foundations for appeasing man’s conscience once and for all, you chose everything that was exceptional, enigmatic, and vague, you chose everything that was beyond the strength of men, acting consequently, as though you did not love them at all…You wanted man’s free love so that he would follow you freely, fascinated and captivated by you…..But did it never occur to you that he would at last reject and call in question even your image and your truth, if he were weighed down by so fearful a burden as freedom of choice?….You did not know that as soon as man rejected miracles, he would at once reject God as well, for what man seeks is not so much God as miracles. And since man is unable to carry on without a miracle, he will create new miracles for himself, miracles of his own, and will worship the miracle of the witch-doctor and the sorcery of the wise woman, rebel, heretic, and infidel though he is a hundred times over…
How will it end?
But the flock will be gathered together again and will submit once more, and this time it will be for good. Then we shall give them quiet humble happiness, the happiness of weak creatures, such as they were created. We shall at last persuade them not to be proud….We shall prove to them that they are weak, that they are mere pitiable children, but that the happiness of a child is the sweetest of all ….The most tormenting secrets of their conscience – everything, everything they shall bring to us, and we shall give them our decision, because it will relieve them of their great anxiety and of their present terrible torments of coming to a free decision themselves. And they will all be happy, all the millions of creatures, except the hundred thousand who rule over them. For we alone, we who guard the mystery, we alone shall be unhappy.
The Grand Inquisitor does not believe in God.
A swipe at one church by an adherent of another? A reprise of the fascism latent in Plato’s Republic? A bitter denunciation of the Russian hunger for dominance by a strong man like Putin? A frightful preview of 1984? It could be some of all of those things, but it is writing of shocking power that gives slashing insights into the human condition. It is for just that reason that we go to the great writers. They may not have the answer, but they ask the big questions.
Here and there – Dignity in Kant and Shakespeare
In any community, two questions always arise. How should I treat my neighbour? (Or, and this question may evoke the same answer, how would I like my neighbour to treat me?) And, are my neighbour and I equal in our rights?
The German philosopher Immanuel Kant wrote a great deal and most of it is beyond the understanding of most of the rest of us. He did however have something to say about dignity or worth or value that we can follow. For some people – including me – what he says can be taken as offering an axiom on which we might base our view of the moral world.
Here is part of the Groundwork of the Metaphysics of Morals.
….all rational beings stand under the law that each of them is to treat himself and all others never merely as means but always at the same time as ends in themselves….In the kingdom of ends, everything has a price or dignity. What has a price can be replaced by something else as its equivalent; what on the other hand is raised above all price and therefore admits of no equivalent has a dignity.
What is related to general human inclinations and needs has a market price; that which, even without presupposing a need, conforms with a certain taste, that is with a delight in the mere purposeless play of our mental powers, has a fancy price; but that which constitutes the condition under which alone something can be an end in itself has not really a relative worth, that is, a price, but an inner worth, that is dignity.
Now morality is the condition under which alone a rational being can be an end in itself, since only through this is it possible to be a lawgiving member in the kingdom of ends. Hence, morality, and humanity insofar as it is capable of humanity, is that alone which has dignity. Skill and diligence in work have a market place; wit, lively imagination and humour have a fancy price; on the other hand, fidelity of promises and benevolence from basic principles (not from instinct) have an inner worth.
In another paper (On the Common Saying: That May be Correct in Theory), Kant said this about equality:
Whoever is subject to laws is subject within a state and is thus subjected to coercive right equally with all other members of the commonwealth…in terms of right…they are nevertheless equal to one another as subjects; for no one of them can coerce any other except through public law….From this idea of the equality of human beings as subjects within a commonwealth there also issues the following formula: Every member of a commonwealth must be allowed to attain any level of rank.to which his talent, industry or luck can take him….
(This was written after the fall of the Bastille, but before the Terror became known to the world.)
In another text (Critique of Judgment, par.60), Kant said that humanity signifies the universal feeling of sympathy – although we might feel a little more at home with a reference to a capacity for a kind of sympathy that may or may not be found in gorillas.
Shakespeare touched on the issue of dignity in one of his plays that I find very heavy going, Troilus and Cressida. Paris the Trojan has eloped with Helen the Greek wife of a Greek king. This affront to Greek honour leads them to declare war against Troy. Not surprisingly, at least some Trojans ask whether this insult, if that is what it was, warrants men being killed in their thousands.
Helen and Paris have not had a good press. (You may fairly ask who of this motley warrants one?) A Greek soldier says of Helen:
For every false drop in her bawdy veins
A Grecian’s life hath sunk; for every scruple
Of her contaminated carrion weight
A Trojan hath been slain. (4.1.69-72)
Hector may be the only decent person on the stage – the rest are a parade of human frailty or nastiness – and Paris and Troilus are among the worst. Hector lines Paris up with a shirt-front:
… ..or is your blood
So madly hot that no discourse of reason
Nor fear of bad success in a bad cause
Can qualify the same? (2.2.115 – 118)
(Fear of ‘bad success in a bad cause’ might be said of us in every war since 1945.)
Ulysses is even more damning about Cressida.
…….Her wanton spirits look out
At every joint and motive of her body….
For sluttish spoils of opportunity
And daughters of the game. (4.5.56-63)
(The last line has its modern reading.)
But the passage we are interested in is as follows.
HECTOR
Brother, she is not worth what she doth cost
The holding.
What is aught, but as ’tis valued?
But value dwells not in particular will;
It holds his estimate and dignity
As well wherein ’tis precious of itself
As in the prizer. (2.2.51ff)
So, Troilus has the view that value, like beauty, is in the eye of the beholder – ‘the prizer’ (the person making the appraisal). Value is whatever the market will bear. But Hector says that the dignity of a person ‘is precious of itself.’ Some might say that Troilus is on the side of relativism, the moral cancer of our time – there are no intrinsic values, only those that are attributed by others. But for Hector human dignity is inherent in a human being – it comes with humanity. This was the view of Kant.
Hector says that some truths are beyond matters of opinion.
There is a law in each well-order’d nation
To curb those raging appetites that are
Most disobedient and refractory.
If Helen then be wife to Sparta’s king,
As it is known she is, these moral laws
Of nature and of nations speak aloud
To have her back return’d: thus to persist
In doing wrong extenuates not wrong,
But makes it much more heavy. Hector’s opinion
Is this in way of truth….(2.2.180-186)
But then Hector flips and says that he will just go with the flow – and that is part of the reason this play is so hard to grapple with.
The notion of dignity inherent in humanity underlies the self-evident truths of Jefferson in the Declaration of Independence, and the first article of the Rights of Man: ‘Men are born and remain free and equal in rights’. If you look at a random cross-section of world slayers like Julius Caesar, Charlemagne, Henry VIII, Calvin, Napoleon Bonaparte, Lenin, or Donald Trump, you see immediately how important are the views of Kant and Hector. These people have no regard at all for the dignity of other people. For them, other people exist only as means to an end, and in acting that way they reject out of hand the rationale of Kant for his primary rule. And of course their celebration of their own egos leaves any conception of equality as illusory as a thing writ on water. For any of them, you would be talking into air to offer them the plea that a Danish prince offered on behalf of travelling players – to ‘use them after your own honor and dignity’ (Hamlet, 2.2.54—542) – that is not what they were built for.
For others, this assertion of human dignity from two of our most famous minds is a real comforter in a time of need – especially at a time of epidemic when some people, who appear to me to be close to being morally insane, think that it might be a good idea to put a dollar value on my human life.