Author Archives: Michael Froomkin

GOP Cthulhu

Over at Crooked Timber, probably the only group blog I'd ever even imagine being a part of (no, that's not a trawl for an invite, I'm happy here), Henry Farrell has some fun with the GOP's logo at Starry Wisdom:

I’m sure this is fundamentally immature of me, but the new Republican National Convention logo set off a train of associations in my head (and prompted me to spend half an hour doing some basic Photoshop work to bring these associations to the foreground)

And there's a graphic to go with it….

This will be my last drugged elephant post. Until next time.

Posted in Kultcha | 3 Comments

A Whale of a Quote

Roger Alford shares with us his list of the “Quotable Quotes from the Fordham Law Review Symposium on International Law and The Constitution: Terms of Engagement.”

There are several good ones, but this one from Yale Law Dean Harold Koh stands out:

I recently was talking with a Senator who said to me, “Professor, we didn’t ask the terrorists to sign the Geneva Conventions. How can you expect us to abide by commitments that they don’t adhere to?” To which I replied, “Yes, and we didn’t ask the whales to sign the Whaling Convention either. We sign these treaties to protect us from ourselves, not from them.”

Posted in Law: International Law, Torture | 3 Comments

Local PD Representing Two Guantanamo Detainees

Nice article in the Daily Business Review on assistant federal public defender Paul Rashkind, who is representing two persons being held at Guantanamo Bay.

Posted in Guantanamo | 1 Comment

Subliminal Seduction, GOP Style?

I blogged about the awful GOP convention logo the other day, with the glassy-eyed elephant doing the tango, or whatever is going on. Here it is again if you missed it the first time in Annals of Bad Logo Design:

Comes now the suggestion that there's a method to this madness, one inspired by Wilson Bryan Key:

The elephant’s trunk makes the “S”, the lines on the back makes the “E”, and the elephants crossed upper legs makes the “X” for an example of subliminal advertising applied to a political symbol.

Could be….

Posted in Kultcha | Comments Off on Subliminal Seduction, GOP Style?

Collective Responsibiltiy

Grad Student Madness: Can There be Collective Shame? takes issue, inter alia, with a post of mine from 2003, Guantanamo: Our Collective Shame.

The author rejects the very idea of collective shame, saying shame is individual,

It seems to me that the nature of shame is that it is not just individual; it's individualizing. Shame removes us from our fellow men and makes us painfully aware of our isolation in the world. It is, in this sense, experienced in much the same way as the ancients experienced fate. It is ours to carry, if we choose to accept it. It's also what makes us moral beings,

The author then goes on to reject collective guilt (also personal) and to question collective responsibility:

A group of people can accept collective responsibility for a crime or transgression, even if guilt can only be accepted on an individual basis. But what does collective responsibility mean when the whole nation accepts it? Nearly as little as collective pride, one would guess. For instance- if all of Germany accepts responsibility for the Holocaust, what distinguishes Eichmann from a butcher in Hamburg who really was unaware? And what distinguishes any of us in this era from a torturing guard at Abe Ghraib? Or from al-Quaida, given that we have all failed to prevent al-Quaida's actions? Is it evident how meaningless this can become?

I assume that these collective shaming exercises are intended to inspire us to action, and yet shame is a horrible motivator.

And so, I think that something like collective shame cannot exist, nor collective guilt; but perhaps something like collective responsibility is possible. Yet, given that collective responsibility tends to flatten out individual responsibility to a benign gray area, I think the most honest way to respond to transgressions is to assign individual responsibilities, and in turn to accept individual responsibility.

I plead guilty to the charge that a purpose of talking about collective shaming is to “to inspire us to action.” Most of the rest I disagree with.

I think the author misses three aspects of the collective guilt/shame/responsibility idea. (They are closely linked: responsibility leads to guilt and shame.)

#1 When the bad act is by your agent, you share in the responsibility for it. In a democracy, your government is your agent. It acts in your name. You therefore have presumptive responsibility for what it does.

#2 One way to shift that burden is to oppose what is done in your name. Indeed there may be a (moral) duty to do so in extreme cases. To fail to oppose serious known (or knowable) evil is — and this is the key step in the argument — to shoulder a significant and meaningful degree of personal responsibility for it. whether one wants it or not.

#3 Failure to shoulder the burden to oppose should lead to guilt and shame. Whether those are “collective” or “individually applying to everyone” seems to me to be, in the grand scheme of things, a quibble. If some people prefer the second formulation, I'm not about to argue.

#4 Nothing about the above requires one to close one's eyes to the reality that there are shades of gray, and also black and white. Direct actors are more responsible than passive ones. Eichmann was worse than a Good German who didn't want to know. The argument neither excuses the Good German, nor suggests, much less requires, that there is an equivalence between the ordinary and the extraordinary. (I leave that for (mis?)readers of Hannah Arendt.)

That is why those among us who know or should know about Guantanamo and about the government's other torture stations must oppose it, or in failing to do so take on a degree of responsibility for it. For each person that is an individual matter; the collective aspect is that the choice faces each of us, as individuals, not that it faces all of us as components of a mass.

Posted in Guantanamo | 4 Comments

Surrealism in Everyday Life

If I wrote something like this, not that I would, it would probably be parody or something.

I've known Brad a long time, although I don't get to see him as often as I'd like these days. He can be very funny, but he has a different sort of humor, so when he writes something like this…

King Lear Blogging:

King Lear at the California Shakespeare Theater. Very well done.

There are, of course, the Berkeley moments: the announcement beforehand that there is a silver Prius in the parking lot with its interior lights on, and four men (including me) get up to check…

Were I Berkeley law professor John Yoo, I would never agree to take part in the production and come on stage to waterboard and then blind the Earl of g And I would never agree to make Gloucester confess not just to conspiring with Cordelia and the French but also to being the twentieth highjacker…

…I'm forced to believe it might actually have happened.

Posted in Torture | 2 Comments