Saturday, June 6, 2015

COMMUNITY TYPES AND THEIR CONCEPTS OF JUSTICE


We are moving next to two back-to-back segments (2nd Essay: #9 & #10) in Nietzsche’s Zur Genealogie der Moral, where he offers his take on the evolution of the concept of justice as a function of the growing power of the community. Curiously, he talks of this as a diachronic horizontal progress within the same community (I am using my own, and not Nietzsche’s, terminology here), but his theory starts making much more sense, and even reveals a remarkable prophetic gift on his part, only when we regard the switch from #9 to #10 as two alternative routes of progress, taken by the two ideologically divergent community types, corresponding to the totalitarian and the modern European models.

The first of these two segments is very appropriately discussed in the entry Understanding Stalinism (in my Collective section), to which I am directing the reader for the details. Here however is the segment in point, followed by my commentary.

Still retaining the criteria of prehistory (this prehistory is in any case present in all ages, or may always reappear), the community, too, stands to its members in that same vital basic relation, that of the creditor to his debtors. One lives in a community, enjoys the advantages of a communality… dwells protected, cared for, in peace and trustfulness, without fear of certain injuries and hostile acts to which the man outside, the ‘man without peace’ is exposed... since one has bound and pledged oneself to the community precisely with a view to injuries and hostile acts. What will happen if this pledge is broken? The community, disappointed creditor, will get what repayment it can, one may depend on that. The direct harm, caused by the culprit, is here a minor matter. The lawbreaker is a breaker of his contract and his word with the whole, in respect to the benefits and comforts of communal life of which he has hitherto had a share; the lawbreaker is a debtor who has not merely failed to make good the advantages and advanced payments bestowed on him, but has actually attacked his creditor: therefore he is not only deprived henceforth of all these advantages, which is fair,--- he is also reminded what these benefits are really worth. The wrath of a disappointed creditor, the community throws him back into the savage and outlaw state against which he has hitherto been protected, and now every kind of hostility may be vented upon him. Punishment at this level of civilization is simply a copy of the normal attitude toward a hated, disarmed, prostrated enemy, who has lost not only every right and protection, but all hope of quarter as well... Vae victis!” (Genealogy of Morals, 2nd Essay, Section 9.)

The “community” in this segment closely corresponds to the Stalinist State, and the infamous mass purges of the 1930’s and of other times are in effect rationalized. It does not matter how serious the crime committed by the individual is, in terms of the actual harm done (it can be an “innocent” act of adultery by mutual consent, which not only is non-punishable, but openly tolerated as acceptable, or even normal behavior in modern free societies), but the serious nature of the offense is established ipso facto, when the offending individual breaks his or her pledge to the community as a whole. The grave crime committed here is not so much the particular offense by the individual, whatever that may have been, as the generalized offense of pledge-breaking, which constitutes an act of betrayal perpetrated by the individual against society, and must be therefore severely punished as no less than treason.

Moving now to Nietzsche’s #10, it is hard for me to see an evolutionary development within the community which I have previously identified as a Stalinist-type society, leading to the following reinterpretation of the concept of justice:

As its power increases, a community ceases to take the individual’s transgressions so seriously. because they can no longer be considered as dangerous and destructive to the whole as they were formerly: the malefactor is no longer “set beyond the pale of peace” and thrust out; universal anger may no longer be vented upon him as unrestrainedly as before -- on the contrary, the whole from now on carefully defends the malefactor against this anger and takes him under its protection. As the power and self-confidence of the community grow, the penal law always becomes more moderate. ‘The creditor’ always becomes more humane to the extent that he has grown richer; finally, how much injury he can endure without suffering from it becomes the actual measure of his wealth. It is not unthinkable that a society might attain such a consciousness of power that it could allow itself the noblest luxury possible to it: letting those who harm it go unpunished. This self-overcoming of justice: mercy, remains the privilege of the most powerful man, or better, his -- beyond the law.” ( Nietzsche’s Genealogy of Morals, 2nd Essay, Section 10.)

In this amazing segment, Nietzsche is making a prophetic leap from the totalitarian society of the twentieth century to the free society of the twentieth century, as represented by modern Europe. Yes, this is not some evolutionary change of the one into the other (to believe that such a thing is possible is to indulge in a large dose of wishful thinking), but an analysis of a separate branch of society, whose main tree trunk is known as Western Civilization.

One can argue, of course, that Fascist Italy and Nazi Germany, both totalitarian states, have evolved into the type of modern European community, which makes Nietzsche’s evolutionary scenario perfectly accurate. It is not a correct kind of reasoning, however. Nietzsche’s main condition of such an evolution (“as its power increases…”) has not been met by these formerly totalitarian communities. Their power had not increased at all: in fact, these nations were overwhelmingly defeated in World War Two, and their subsequent manner of development was not a natural result of their increase in power, but rather, it was imposed on the defeated enemies by the victor nations of the West.

There was only one totalitarian victor in WWII, and that was Russia. If we wish to study the evolution of an authentic totalitarian state, we must study the evolution of Russia, first and foremost. Except that her history has not been written yet: it is still in the making. But, honestly, I see no reason to expect her abandonment of the historical Russian totalitarian model in favor of the modern European model, except in producing a few whiffs of smokescreen to convince the West that Russia and Europe have not been all that far apart, after all, in this new age of mass communications, “media power,” and the miracle of the Internet.

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