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Javier E

What American Healthcare Can Learn From Germany - Olga Khazan - The Atlantic - 0 views

  • Every German resident must belong to a sickness fund, and in turn the funds must insure all comers. They’re also mandated to cover a standard set of benefits, which includes most procedures and medications. Workers pay half the cost of their sickness fund insurance, and employers pay the rest. The German government foots the bill for the unemployed and for children. There are also limits on out-of-pocket expenses, so it’s rare for a German to go into debt because of medical bills.
  • this is very similar to the health-insurance regime that Americans are now living under, now that the Affordable Care Act is four years old and a few days past its first enrollment deadline.
  • There are, of course, a few key differences. Co-pays in the German system are minuscule, about 10 euros per visit. Even those for hospital stays are laughably small by American standards: Sam payed 40 euro for a three-day stay for a minor operation a few years ago
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  • nearly five million Americans fall into what’s called the “Medicaid gap”
  • In Germany, employees' premiums are a percentage of their incomes, so low-wage workers simply pay rock-bottom insurance rates.
  • Germany actually pioneered this type of insurance—it all started when Otto von Bismarck signed his Health Insurance Bill of 1883 into law. (It’s still known as the “Bismarck model” because of his legacy, and other parts of Europe and Asia have adopted it over the years.)
  • You can think of this setup as the Goldilocks option among all of the possible ways governments can insure health. It's not as radical as single-payer models like the U.K.’s, where the government covers everyone. And it's also not as brutal as the less-regulated version of the insurance market we had before the ACA.
  • Since there are no provider networks in Germany, doctors don’t know what other providers patients have seen, so there are few ways to limit repeat procedures.
  • All things considered, it’s good to be a sick German. There are no network limitations, so people can see any doctor they want. There are no deductibles, so Germans have no fear of spending hundreds before their insurance ever kicks in.
  • There’s also no money that changes hands during a medical appointment. Patients show their insurance card at the doctor’s office, and the doctors' association pays the doctor using money from the sickness funds. "You don’t have to sit at home and sort through invoices or wonder if you overlooked fine print,”
  • That insurance card, by the way, is good for hospital visits anywhere in Europe.
  • of all of the countries studied, Germans were the most likely to be able to get a same-day or next-day appointment and to hear back from a doctor quickly if they had a question. They rarely use emergency rooms, and they can access doctors after-hours with ease.
  • And Germany manages to put its health-care dollars to relatively good use: For each $100 it spends on healthcare, it extends life by about four months, according to a recent analysis in the American Journal of Public Health. In the U.S., one of the worst-performing nations in the ranking, each $100 spent on healthcare resulted in only a couple of extra weeks of longevity.
  • those differences aside, it’s fair to say the U.S. is moving in the direction of systems like Germany’s—multi-payer, compulsory, employer-based, highly regulated, and fee-for-service.
  • The German government is similarly trying to push more people into “family physician” programs, in which just one doctor would serve as a gatekeeper.
  • like the U.S., Germany may see a shortage of primary-care doctors in the near future, both because primary-care doctors there don’t get paid as much as specialists, and because entrenched norms have prevented physician assistants from shouldering more responsibility
  • With limitations on how much they can charge, German doctors and hospitals instead try to pump up their earnings by performing as many procedures as possible, just like American providers do.
  • Similarly, “In Germany, it will always be an operation,” Göpffarth said. “Meanwhile, France and the U.K. tend to try drugs first and operations later.”
  • With few resource constraints, healthcare systems like America's and Germany's tend to go with the most expensive treatment option possible. An American might find himself in an MRI machine for a headache that a British doctor would have treated with an aspirin and a smile.
  • Perhaps the biggest difference between our two approaches is the extent to which Germany has managed to rein in the cost of healthcare for consumers. Prices for procedures there are lower and more uniform because doctors’ associations negotiate their fees directly with all of the sickness funds in each state. That's part of the reason why an appendectomy costs $3,093 in Germany, but $13,000 in the U.S.
  • Now, Maryland is going a step further still, having just launched a plan to cap the amount each hospital can spend, total, each year. The state's hospital spending growth will be limited to 3.58 percent for the next five years. “We know that right now, the more [doctors] do, the more they get paid,” John Colmers, executive director of Maryland’s Health Services Cost Review Commission, told me. “We want to say, ‘The better you do, the better you get paid.’”
  • certain U.S. states have tried a more German strategy, attempting to keep costs low by setting prices across the board. Maryland, for example, has been regulating how much all of the state’s hospitals can charge since 1977. A 2009 study published in Health Affairs found that we would have saved $2 trillion if the entire country’s health costs had grown at the same rate as Maryland’s over the past three decades.
  • “In Germany, there is a uniform fee schedule for all physicians that work under the social code,” Schlette said. “There’s a huge catalogue where they determine meticulously how much is billed for each procedure. That’s like the Bible.”
  • “The red states are unlikely to follow their lead. The notion that government may be a big part of the solution, instead of the problem, is anathema, and Republican controlled legislatures, and their governors, would find it too substantial a conflict to pursue with any vigor.”
  • no other state has Maryland’s uniform, German-style payment system in place, “so Maryland starts the race nine paces ahead of the other 46 states,” McDonough said.
  • the unique spirit of each country is what ultimately gets in its way. Germany’s more orderly system can be too rigid for experimentation. And America’s free-for-all, where hospitals and doctors all charge different amounts, is great for innovation but too chaotic to make payment reforms stick.
  • rising health costs will continue to be the main problem for Americans as we launch into our more Bismarckian system. “The main challenge you’ll have is price control,” he said. “You have subsidies in health exchanges now, so for the first time, the federal budget is really involved in health expenditure increases in the commercial market. In order to keep your federal budget under control, you’ll have to control prices.”
Javier E

Colonoscopies Explain Why U.S. Leads the World in Health Expenditures - NYTimes.com - 0 views

  • In many other developed countries, a basic colonoscopy costs just a few hundred dollars and certainly well under $1,000. That chasm in price helps explain why the United States is far and away the world leader in medical spending, even though numerous studies have concluded that Americans do not get better care.
  • Whether directly from their wallets or through insurance policies, Americans pay more for almost every interaction with the medical system. They are typically prescribed more expensive procedures and tests than people in other countries, no matter if those nations operate a private or national health system. A list of drug, scan and procedure prices compiled by the International Federation of Health Plans, a global network of health insurers, found that the United States came out the most costly in all 21 categories — and often by a huge margin.
  • “The U.S. just pays providers of health care much more for everything,” said Tom Sackville, chief executive of the health plans federation and a former British health minister.
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  • Largely an office procedure when widespread screening was first recommended, colonoscopies have moved into surgery centers — which were created as a step down from costly hospital care but are now often a lucrative step up from doctors’ examining rooms — where they are billed like a quasi operation.
  • The high price paid for colonoscopies mostly results not from top-notch patient care, according to interviews with health care experts and economists, but from business plans seeking to maximize revenue; haggling between hospitals and insurers that have no relation to the actual costs of performing the procedure; and lobbying, marketing and turf battles among specialists that increase patient fees.
  • While several cheaper and less invasive tests to screen for colon cancer are recommended as equally effective by the federal government’s expert panel on preventive care — and are commonly used in other countries — colonoscopy has become the go-to procedure in the United States. “We’ve defaulted to by far the most expensive option, without much if any data to support it,”
  • Hospitals, drug companies, device makers, physicians and other providers can benefit by charging inflated prices, favoring the most costly treatment options and curbing competition that could give patients more, and cheaper, choices. And almost every interaction can be an opportunity to send multiple, often opaque bills with long lists of charges: $100 for the ice pack applied for 10 minutes after a physical therapy session, or $30,000 for the artificial joint implanted in surgery.
  • Even doctors often do not know the costs of the tests and procedures they prescribe. When Dr. Michael Collins, an internist in East Hartford, Conn., called the hospital that he is affiliated with to price lab tests and a colonoscopy, he could not get an answer. “It’s impossible for me to think about cost,” he said
  • The more than $35,000 annually that Ms. Yapalater and her employer collectively pay in premiums — her share is $15,000 — for her family’s Oxford Freedom Plan would be more than sufficient to cover their medical needs in most other countries. She and her husband, Jeff, 63, a sales and marketing consultant, have three children in their 20s with good jobs. Everyone in the family exercises, and none has had a serious illness.
  • A major factor behind the high costs is that the United States, unique among industrialized nations, does not generally regulate or intervene in medical pricing, aside from setting payment rates for Medicare and Medicaid, the government programs for older people and the poor. Many other countries deliver health care on a private fee-for-service basis, as does much of the American health care system, but they set rates as if health care were a public utility or negotiate fees with providers and insurers nationwide, for example.
  • “In the U.S., we like to consider health care a free market,” said Dr. David Blumenthal, president of the Commonwealth Fund and a former adviser to President Obama. ”But it is a very weird market, riddled with market failures.”
  • Consumers, the patients, do not see prices until after a service is provided, if they see them at all. And there is little quality data on hospitals and doctors to help determine good value, aside from surveys conducted by popular Web sites and magazines. Patients with insurance pay a tiny fraction of the bill, providing scant disincentive for spending.
  • The United States spends about 18 percent of its gross domestic product on health care, nearly twice as much as most other developed countries. The Congressional Budget Office has said that if medical costs continue to grow unabated, “total spending on health care would eventually account for all of the country’s economic output.”
  • Instead, payments are often determined in countless negotiations between a doctor, hospital or pharmacy, and an insurer, with the result often depending on their relative negotiating power. Insurers have limited incentive to bargain forcefully, since they can raise premiums to cover costs.
  • “People think it’s like other purchases: that if you pay more you get a better car. But in medicine, it’s not like that.”
clairemann

Dorf on Law: Will the SB8 Case Allow SCOTUS to Appear Moderate? If So, What Follows? - 0 views

  • Later today merits briefs will be filed in the expedited SCOTUS cases on SB8. So will amicus briefs, including one from me and other federal courts scholars
  • that the SB8 litigation is, in important ways, about the Court's own authority.
  • Allowing Texas to circumvent abortion precedents while they remain on the books would embolden further acts of defiance, I suggest.
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  • First, let's be clear that the Court could and likely will decide the SB8 case without saying anything about the continuing vitality of the abortion right. That's easy to see if a majority holds on procedural grounds that neither the U.S. nor the abortion providers (in the companion case) can bring suit for injunctive relief. If the federal court plaintiffs lack standing or a cause of action, or if the Court holds that state court judges are not proper party-defendants, or that for injunctive relief to be effective it must--but is not permitted to--run against private non-parties, then the Texas law will remain in effect pending resolution in state court and a possible eventual return to the US Supreme Court posing the question whether a six-week ban is permissible on the merits.
  • For the U.S. and/or the abortion providers to win, at least one of the Justices who might vote to overrule Roe v. Wade in Dobbs would need to nonetheless allow a challenge to SB8 to go forward. Why would they do so? Perhaps they'll see the case in purely procedural terms. If the stakes were lower, it would be relatively easy to imagine any Justice thinking Case X is ripe for overruling but until we overrule it, state legislatures must abide by it.
  • Let's assume for the sake of argument that that happens--say that next month the Court rules 5-4 that the Fifth Circuit was wrong to lift the preliminary injunction in the DOJ case. Then suppose that a different 5-4 majority or a 6-3 majority rules in late June that the Mississippi law is constitutional but that they're not deciding whether to overrule Roe (even though they would have de facto overruled much of Roe). At that point the news coverage would indeed likely be muddled. Is there still a constitutional right to abortion? When? Where? Pro-choice activists might have a harder time mobilizing voters based on Dobbs if there is also floating around the notion that the Supreme Court had invalidated the Texas law just a few months before--even though that would have been only a procedural holding.
  • (2) Quite apart from the substance, the procedural grounds for reinstating the injunction are strong. I acknowledge that there are genuine questions of standing, causes of action, remedy, proper defendants, and more, but the bottom line for me is fairly straightforward: As I argue in the column, the case fundamentally presents a question whether states and other government actors can use trickery to evade their constitutional obligations. Tax law has a substance-over-form principle that should be universal. Texas has made no secret of the fact that it crafted SB8's trapdoors with the clear purpose of preventing lawsuits and thus chilling the exercise of a constitutional right. Permitting this kind of evasion and defiance will invite more.
Javier E

The Census Case Is About White Man's Government - The Atlantic - 0 views

  • Roberts didn’t call the Voting Rights Act a “racial entitlement.” Rather, he insisted that while he agreed with the law’s intentions—“any discrimination in voting is too much,” he wrote—close federal oversight of local election laws to prevent discrimination was no longer warranted. “Things have changed dramatically,” Roberts concluded. Shortly thereafter, Republican-controlled states moved as quickly as possible to impose restrictions on voting targeted at minority communities, as if determined to make Roberts look a fool or a liar.
  • The disparate approaches taken by two of the Court’s conservatives to the Voting Rights Act reflect the right’s dueling impulses toward civil-rights laws.
  • Where Scalia rejected the very effort to guarantee black people the same right to cast a ballot as white people as a “racial entitlement,” Roberts insisted that he agreed with the law’s underlying premises, but that the statute now did more harm than good.
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  • Lingering beneath the surface was a defining question for the American right: Does it agree with Roberts that “any discrimination in voting is too much”? Or with Scalia, who saw ensuring equal participation in the polity as a black “racial entitlement”?
  • Empirical studies of the impact of adding the question have determined that it would result in a dramatic undercount of Latinos and immigrants—exactly contrary to one of the Donald Trump administration’s stated rationales, that it would provide a more accurate count.
  • Scalia didn’t quite have it right: The fundamental question for American democracy since the founding has indeed been whether it is a “racial entitlement,” but only because of those who have tried for centuries to ensure that white people alone are entitled to it.
  • The Trump administration, and by extension, the conservative masses, are already on board
  • In other words, long before Trump was even elected, Republican Party insiders were plotting to increase white political power at the expense of people of color. After Trump was elected, they implemented this plan by insisting that their actual goal was the protection of minority voting rights. As with the Voting Rights Act, there was the real reason and the stated reason, the truth and the pretext. The nationalism, and the delusion.
  • Trumpism merely traveled a few stops down the road from where the Republican Party leadership had been. The risk with Trump was not that the GOP would become a vehicle for the preservation of white political and cultural hegemony; it was that he would discredit that project by making its agenda explicit, by saying, as Scalia did, the quiet part loud.
  • The census case does not hinge on whether the citizenship question is discriminatory. Rather, as a matter of administrative law, the executive branch must follow certain procedures before making decisions. The Trump administration’s blatant dishonesty settles the question of whether it followed procedure definitively: It did not.
  • The census case is not ultimately about administrative procedure; it is, more fundamentally, about whether the Trump administration can use the federal government for the explicit purpose of increasing white political power.
  • recent revelations in the census case will force the Roberts Court to decide whether America is a nation for all of its citizens, or a white man’s republic.
  • Even before William F. Buckley declared in 1957 that “the White community in the South is entitled to take such measures as are necessary to prevail, politically and culturally, in areas in which it does not predominate numerically,” the modern conservative movement has struggled to reconcile the ethno-nationalism that moves masses of its voters with the pluralism embodied in the notion that all persons are created equ
clairemann

Justices deny request to postpone federal execution of man who killed as teenager - SCO... - 0 views

  • The Supreme Court on Thursday declined to postpone the execution of Christopher André Vialva, who was sentenced to death for the 1999 murders and carjacking of Todd and Stacie Bagley, two youth ministers from Iowa who had agreed to give Vialva a ride after stopping to use a pay phone in Texas. Vialva, who was 19 at the time of the crime, was executed by lethal injection on Thursday evening at a federal prison in Indiana.
  • Vialva’s legal team argued that the Department of Justice violated the Federal Death Penalty Act and the department’s own regulations by scheduling Vialva’s execution without a separate court order and execution warrant that followed certain procedures in Texas law.
  • Vialva’s attorneys argued that Texas law requires a minimum of 91 days between the order setting the date and the execution, and they said the federal government was obliged to follow that provision of state law.
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  • “mirror the pre-execution procedures” used by the state in which the inmate was convicted
  • The Federal Death Penalty Act’s requirement that a United States marshal must implement a federal execution in accordance with the sentencing state’s laws “does not require the federal government to adhere to state procedures that do not effectuate death,” the government said.
clairemann

Justices to weigh Kentucky attorney general's effort to intervene in abortion battle - ... - 0 views

  • When then-President Donald Trump released his updated list of potential Supreme Court nominees in September 2020, one name that garnered attention was that of Kentucky Attorney General Daniel Cameron
  • The case, Cameron v. EMW Women’s Surgical Center, arises from a challenge to a Kentucky law, H.B. 454, that generally makes it a crime for doctors to use the “dilation and evacuation” method, the procedure most commonly employed to end a pregnancy during the second trimester.
  • They argued that, because the law effectively outlaws the most common procedure used during the second trimester, it imposes an undue burden on the right to an abortion before the fetus becomes viable – normally somewhere between 22 and 24 weeks.
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  • The district court agreed with the challengers that the law is unconstitutional, and it permanently blocked Kentucky from enforcing the law.
  • A divided 6th Circuit panel turned down Cameron’s request to join the case. It explained that Cameron’s plea had come “years into” the case, after both the district court’s ruling and the 6th Circuit’s opinion upholding that ruling. Granting a motion to intervene after the court of appeals has already issued its opinion, the court reasoned, would “provide potential intervenors every incentive to sit out litigation untill we issue a decision contrary to their preferences, whereupon they can spring into action.”
  • Cameron went to the Supreme Court in October 2020, asking the justices to weigh in on whether he should have been allowed to intervene and, if so, to send the case back to the lower courts for another look in light of their June 2020 decision in June Medical. In March 2021, the court agreed to take up only the procedural question.
  • In the Supreme Court, Cameron framed the case as a “dispute about a State’s sovereign ability to defend its laws.”
  • The attorney general’s office can’t enter the case now, the clinic wrote, because the office didn’t file a notice of appeal from the district court’s 2019 ruling. Allowing Cameron to intervene in the 6th Circuit in 2020, the clinic told the justices, “would create an impermissible end-run around Congress’s express statutory limits on appellate jurisdiction.”
  • there is no reason to disturb the denial of that motion by the court of appeals.
  • Arizona and 22 other states filed a “friend of the court” brief supporting Cameron in which they described the question presented by the case as one “of profound substantive importance to our democratic system of governance.” “States,” they wrote, “have a compelling and indisputable sovereign interest in defending the constitutionality of their laws when challenged in federal court.”
criscimagnael

In a First, Man Receives a Heart From a Genetically Altered Pig - The New York Times - 0 views

  • A 57-year-old man with life-threatening heart disease has received a heart from a genetically modified pig, a groundbreaking procedure that offers hope to hundreds of thousands of patients with failing organs.
  • “This is a watershed event,” said Dr. David Klassen, the chief medical officer of the United Network for Organ Sharing and a transplant physician. “Doors are starting to open that will lead, I believe, to major changes in how we treat organ failure.”
  • It creates the pulse, it creates the pressure, it is his heart,
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  • It’s working and it looks normal. We are thrilled, but we don’t know what tomorrow will bring us. This has never been done before
  • Last year, some 41,354 Americans received a transplanted organ, more than half of them receiving kidneys,
  • But there is an acute shortage of organs, and about a dozen people on the lists die each day. Some 3,817 Americans received human donor hearts last year as replacements, more than ever before, but the potential demand is still higher.
  • Researchers hope procedures like this will usher in a new era in medicine in the future when replacement organs are no longer in short supply for the more than half a million Americans who are waiting for kidneys and other organs.
  • He is also being monitored for infections, including porcine retrovirus, a pig virus that may be transmitted to humans, although the risk is considered low.
  • But he added that there were many hurdles to overcome before such a procedure could be broadly applied, noting that rejection of organs occurs even when a well-matched human donor kidney is transplanted.
  • It takes a long time to mature a therapy like this.”
  • Mr. Bennett decided to gamble on the experimental treatment because he would have died without a new heart, had exhausted other treatments and was too sick to qualify for a human donor heart, family members and doctors said.
  • Mr. Bennett is still connected to a heart-lung bypass machine, which was keeping him alive before the operation, but that is not unusual for a new heart transplant recipient, experts said.
  • The new heart is functioning and already doing most of the work, and his doctors said he could be taken off the machine on Tuesday. Mr. Bennett is being closely monitored for signs that his body is rejecting the new organ, but the first 48 hours, which are critical, passed without incident.
  • It is the first successful transplant of a pig’s heart into a human being. The eight-hour operation took place in Baltimore on Friday, and the patient, David Bennett Sr. of Maryland, was doing well on Monday, according to surgeons at the University of Maryland Medical Center.
  • Xenotransplantation, the process of grafting or transplanting organs or tissues from animals to humans, has a long history. Efforts to use the blood and skin of animals go back hundreds of years.
  • In the 1960s, chimpanzee kidneys were transplanted into some human patients, but the longest a recipient lived was nine months.
  • In 1983, a baboon heart was transplanted into an infant known as Baby Fae, but she died 20 days later.
  • Two newer technologies — gene editing and cloning — have yielded genetically altered pig organs less likely to be rejected by humans.
  • the time to carry out better screening for infectious diseases, and the possibility of a new organ at the time that the patient needs it.
  • The heart transplanted into Mr. Bennett came from a genetically altered pig provided by Revivicor, a regenerative medicine company based in Blacksburg, Va.
  • The pig had 10 genetic modifications. Four genes were knocked out, or inactivated, including one that encodes a molecule that causes an aggressive human rejection response.
  • A growth gene was also inactivated to prevent the pig’s heart from continuing to grow after it was implanted,
  • In addition, six human genes were inserted into the genome of the donor pig — modifications designed to make the porcine organs more tolerable to the human immune system.
  • The team used a new experimental drug developed in part by Dr. Mohiuddin and made by Kiniksa Pharmaceuticals to suppress the immune system and prevent rejection.
  • “The anatomy was a little squirrelly, and we had a few moments of ‘uh-oh’ and had to do some clever plastic surgery to make everything fit,”
  • “the heart fired right up” and “the animal heart began to squeeze.”
  • He said his father had had a pig’s valve inserted about a decade ago, and he thought his father might be confused. But after a while, Mr. Bennett said, “I realized, ‘Man, he is telling the truth and not going crazy. And he could be the first ever.’”
Javier E

A blueprint for resistance to Trump has emerged. Here's what it looks like. - The Washi... - 0 views

  • The outlines of a meaningful blueprint for resisting Trump are now taking shape.
  • This applies both to the battle against Trump’s authoritarian impulses and serial shredding of our democratic norms, and to the battle against the various ways in which Trump will work with Republicans to advance a more conventional GOP agenda.
  • 1) Have (guarded) faith in our system.
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  • this is template for further resistance by states, in the courts and out, that could make a difference in other areas where Trump may unleash regressive and destructive onslaughts, such as Obamacare, climate change and other aspects of his promised immigration crackdown.
  • 2) Keep pressuring Republicans to exercise real oversight on Trump
  • congressional Republicans cannot ignore any and all of the Trump White House’s ethical transgressions forever.
  • A schoolteacher stood up and demanded to know: “Where is your line in the sand?”
  • 3) Fight hard in the Senate with all available procedural weapons.
  • all the procedural tools that Senate Democrats can use to “focus attention on controversial parts of the president’s agenda and force Republicans to cast potentially unpopular votes
  • 4) Keep looking to civil society and try to fortify it where possible.
  • civil society — a loosely knit coalition of legal and political groups, given ammunition by intense scrutiny from watchdogs and media outlets, and backed up by meaningful, sustained public mobilization — can have a real illuminating and constraining impact.
  • 5) Keep Trump distracted and off balance, to minimize the damage he can do.
  • Trump’s cause is also harmed by trivial, petty and burlesque distractions.
Julia Blumberg

Pope Benedict XVI defrocked nearly 400 priests for child abuse | World news | theguardi... - 0 views

    • Julia Blumberg
       
      I just think this article is interesting since we just learned about Italian unification not to long and it's about the pope defrocking priests for child abuse. Child abuse is just wrong. I think the pope did the right thing and these priests should be punished for what they did. 
  • For centuries, the church has had its own in-house procedures to deal with priests who sexually abuse children. One of the chief accusations from victims is that bishops put the church's own procedures ahead of civil law enforcement by often suggesting victims keep accusations quiet while they are dealt with internally.
Javier E

America Fails the 'Rule of Law' Test - Conor Friedersdorf - The Atlantic - 0 views

  • The U.S. Army field manual defines "the rule of law" as follows: "The rule of law refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency."
  • it would be difficult to conclude that US targeted strikes are consistent with core rule of law norms," they declared. "From the perspective of many around the world, the U.S. appears to claim, in effect, the legal right to kill any person it determines is a member of al-Qaida or its associated forces, in any state on Earth, at any time, based on secret criteria and secret evidence, evaluated in a secret process by unknown and largely anonymous individuals—with no public disclosure of which organizations are considered 'associated forces,' no means for anyone outside that secret process to raise questions about the criteria or validity of the evidence, and no means for anyone outside that process to identify or remedy mistakes or abuses."
  • Unfortunately, the U.S. government violates "rule of law" norms in other areas too. The Foreign Intelligence Surveillance Court does not operate with "procedural and legal transparency." The Office of Legal Counsel adopts highly contestable yet totally secret interpretations of statutes that dramatically affect policy outcomes. Citizens and corporations are served with secret court orders and often feel confused about whether they are even permitted to consult with counsel. Laws against revealing classified information are not enforced equally—powerful actors routinely leak official secrets with impunity, while whistleblowers and dissidents are aggressively persecuted for the mere "mishandling" of state secrets. The director of national intelligence committed perjury without consequence. President Obama has blatantly violated a duly ratified, legally binding treaty that requires him to investigate and prosecute acts of torture. He also violated the War Powers Resolution by participating in the military overthrow of Muammar Qaddafi without securing the approval of Congress. And he won't even clarify exactly what groups he considers us to be at war with! That is only a partial list.
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  • The rule of law's erosion in post-9/11 America was begun by the Bush administration and continued by the Obama administration. Congress has failed to stop it. The Washington, D.C., establishment has done far too little to object. Partisan voters all across America have excused the transgressions of their side.
  • Unlike the Civil War, World War I, or World War II, there will be no definitive date when the War on Terrorism ends. The pattern of wartime abuses followed by a peacetime course correction will not automatically reassert itself in coming years. If the rule of law is to be recovered, lawbreaking officials must be held accountable for their actions, rather than presuming that they can invoke terrorism and do what they please. Congress must stop abdicating its responsibilities as a check on the executive branch. Transparency must once again govern what the law is and how it is applied.
katyshannon

Half Of Texas Abortion Clinics Close After Restrictions Enacted : Shots - Health News :... - 0 views

  • In a little over a year, the number of clinics that provide abortions in Texas fell to 20 from 41, and watchdogs say that as few as six may be left by September.
  • Many clinics closed because of a requirement that doctors at those clinics obtain hospital admitting privileges within a certain radius of the clinic, and many doctors couldn't comply.
  • The requirement took effect last November. This week marks the first anniversary of the state law that started it all.
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  • Bitter fighting over the law last summer propelled state senator Wendy Davis into the national spotlight, and she is now running for Texas governor on the Democratic ticket.
  • The last restriction under the law goes into effect Sept. 1. All clinics that provide abortions at that point must have upgraded their facilities to ambulatory surgery centers. Busby says many can't afford it and more will close.
  • "This would basically force all the clinics to become mini-hospitals," Busby said. "They have to have hallway widths a certain length, and a janitor's closet, male and female locker rooms, which is completely unnecessary — and a bunch of other regulations that are really not appropriate or do anything to increase the safety of one of the safest procedures in the country."
  • Supporters of the law said it would protect women by making abortion safer. At the time of the law's passage, The Texas Tribune quoted Republican state Sen. Donna Campbell saying, "There's nothing in this legislation that will close a clinic. ... That's up to the clinic. If they want to put profit over a person, that's up to them."
  • Busby said abortion is already one of the safest office-based medical procedures, with a complication rate of less than .05 percent.
  • Busby predicted that after September only six or eight places will be left in Texas to get an abortion, unless a lawsuit stops the new requirement from going into effect.
  • Whole Woman's Health is part of that lawsuit. The group previously had six reproductive health clinics in Texas but had to close two of them over the past year, Busby said.
  • It may have to close an additional three clinics that don't meet the new surgical center specifications, in Fort Worth, Austin and San Antonio. It would be left with just one, in San Antonio, that meets the new requirements.
  • Busby noted there are now no clinics that provide abortions in all of East Texas or in the Rio Grande Valley. She said the one clinic left in El Paso could close soon.
  • In Houston, the newly built headquarters of Planned Parenthood Gulf Coast does fulfill the ambulatory surgical center requirements, so it will remain open. But the status of smaller clinics remains unclear.
katyshannon

'Anti-malarial mosquitoes' created using controversial genetic technology | Science | T... - 0 views

  • Hundreds of genetically modified mosquitoes that are incapable of spreading the malaria parasite to humans have been created in a laboratory as part of a radical approach to combating the disease.
  • The move marks a major step towards the development of a powerful and controversial technology called a “gene drive” that aims to tackle the disease by forcing anti-malarial genes into swarms of wild mosquitoes.
  • The procedure can rapidly transform the genetic makeup of natural insect populations, making it a dramatic new tool in the fight against an infection that still claims over 400,000 lives a year. The same technology is being considered for other human diseases and infections that devastate crops.
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  • They call on scientists to ensure that experimental organisms cannot escape from their labs, be released on purpose, or even find their way out accidentally in the event of a natural disaster. Researchers should also be open about the precautions they take to prevent an unintended release, they said.
  • But gene drive technology is so powerful that leading researchers have urged scientists in the field to be cautious. A warning published in August in the prestigious journal Science, by teams in the UK, US, Australia and Japan, said that while gene drives have the potential to save lives and bring other benefits, the accidental release of modified organisms “could have unpredictable ecological consequences.”
  • In the latest study, mosquitoes were engineered to carry genes for antibodies that target the human malaria parasite, Plasmodium falciparum. When released into the wild, researchers believe the modified insects will breed with normal mosquitoes and pass the anti-malarial genes on to their young, making an ever-increasing proportion of future generations resistant to the malaria parasite.
  • In lab tests, the modified mosquitoes passed on their anti-malarial genes to 99.5% of their offspring, suggesting that the procedure was incredibly effective and efficient. To track which insects inherited the antibody genes, the scientists added a tracer gene that gave carriers red fluorescent eyes.
Javier E

Review: Charlie Savage's 'Power Wars' Dissects Obama's Evolution on National Security -... - 0 views

  • In the 2008 presidential campaign, Barack Obama repeatedly criticized President George W. Bush for his “war on terror,” including the use of torture, indefinite detention, warrantless surveillance, secrecy and expansive presidential power. Yet after nearly seven years of the Obama administration, many (though not all) of these Bush-era policies remain in effect.
  • the political fallout from this incident, arguably including the Democrats’ loss of a Senate seat with Scott Brown’s upset victory in Massachusetts, effectively spooked the Obama team. It “profoundly hardened the Obama administration’s attitude towards counterterrorism,” he writes.
  • Charlie Savage addresses that question exhaustively, describing how President Obama, his top aides and, above all, his lawyers grappled again and again with the many questions about counterterrorism they inherited when they took office.
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  • in its 700-plus pages, the author catalogs virtually all the legal disputes over counterterrorism in the Obama era, all the justifications, procedural steps and bureaucratic battles, to the point where at times his book seems more like a compendium than a narrative
  • With the exception of torture, which President Obama prohibited on his first day in office, his administration managed mostly to provide new legal underpinnings for many of the national-security policies (including warrantless surveillance, indefinite detention at Guantánamo Bay and drone strikes) that were first adopted under Mr. Bush
  • President Obama will some day be seen “as less a transformative post-9/11 president than a transitional one.”
  • in some areas like surveillance, the Obama team never planned to outlaw the policies, despite what some of his supporters on the left may have thought
  • He has led a “lawyerly” administration, Mr. Savage writes, one that has added “an additional layer of rules, standards and procedures” to “the unsettling premise that the United States was still at war and would, of necessity, remain so with no end in sight.”
  • Power Wars” opens with an incident that Mr. Savage considers a fundamental turning point for the Obama administration: the attempt by the so-called underwear bomber, Umar Farouk Abdulmutallab, to detonate explosives aboard a plane heading for Detroit on Christmas Day in 2009.
  • Why was there no greater change?
  • there are alternative ways of interpreting the Obama administration’s policy steps on national security in its early years. One is that well before that time, the administration was already spooked: It had retreated on counterterrorism issues throughout the president’s first year in office.
  • Gregory Craig, President Obama’s first White House counsel, who had pushed for quicker and more vigorous changes in counterterrorism policies, had already left the administration after a series of battles with other White House officials who were reluctant to take actions that might anger the C.I.A.
  • In short, the Obama White House was from the outset under pressure from the military and intelligence communities not to veer too sharply from the policies and decisions of the Bush era
  • during the Bush years, the Democrats mounted two strands of attack on the post-9/11 policies. The first was from the civil liberties perspective, to assert that policies like warrantless surveillance were inherently wrong. The second line of attack was to say that the Bush administration’s policies violated the rule of law because President Bush adopted them on his own without congressional or other legal authority.
  • President Obama’s “specific complaints” about the Bush programs and his promises “were heavily tilted towards fixing the legal process.”
  • the death of Osama bin Laden in a 2011 raid by Navy SEALs in Pakistan, a subject of renewed controversy
  • He concludes that the lawyers’ activities and the memos they wrote fit with the Obama administration’s account of the raid and not with the revisionist theories about it.
  • Mr. Savage writes that there is no simple judgment to be made on President Obama’s legacy on counterterrorism issues: His administration deeply disappointed defenders of civil liberties critics on the left but was also regularly attacked by hawks on the right.
  • “Obama’s record was irreducibly messy and complex, not unlike the world in which he tried to govern,”
Javier E

Review: Eric Fair's 'Consequence,' a Memoir by a Former Abu Ghraib Interrogator - The N... - 0 views

  • Powerful and damning accounts of the Bush administration’s determination to work what Vice President Dick Cheney called “the dark side” and its elaborate efforts to legalize torture (including arduous attempts to narrowly define torture as leading to “serious physical injury so severe that death, organ failure or permanent damage” is likely to result) can be found in two essential books, “The Torture Papers: The Road to Abu Ghraib,” edited by Karen J. Greenberg and Joshua L. Dratel, and “Standard Operating Procedure,” by Philip Gourevitch and Errol Morris
  • An important personal perspective is now provided by Eric Fair’s candid and chilling new book, “Consequence,” which is at once an agonized confession of his own complicity as an interrogator at Abu Ghraib and an indictment of the system that enabled and tried to justify torture.
  • In 2007, Mr. Fair says, he confessed everything to a lawyer from the Department of Justice and two agents from the Army’s Criminal Investigation Command, providing pictures, letters, names, firsthand accounts, locations and techniques. He was not prosecuted. “We tortured people the right way,” he writes, “following the right procedures, and used the approved techniques.”
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  • Mr. Fair, however, became increasingly racked by guilt. He begins having nightmares. Nightmares in which “someone I know begins to shrink,” becoming so small “they slip through my fingers and disappear onto the floor.” Nightmares in which “there’s a large pool of blood on the floor” that moves as if it’s alive, nipping at his feet.
  • Mr. Fair draws an alarming portrait of CACI as “disorganized and unprofessional” in its deployment of civilians, not to mention “dangerous and irresponsible”: “as former soldiers and marines, none of us were comfortable with the lack of planning, lack of support and lack of proper supplies,” he writes. “No weapons, no communications equipment, no maps and nothing for first aid. We all expect something to go wrong very soon.”
  • detainees “are given no information about their status,” he observes, “and they have no way of knowing when or if they will see their families again. Some of them are guilty; some of them are not. All of them are jailed under intolerable circumstances.” Military intelligence officers would tell the Red Cross that an estimated 70 percent to 90 percent of the detainees had been arrested by mistake.
  • He writes that he and his colleagues were encouraged by supervisors to be “creative,” that they often struggled to understand what detainees were saying because of dialect problems, and that they learned to justify “the use of different forms of torture by calling them enhanced techniques and filling out the appropriate paperwork.
  • At home, he will come to realize that he needs to earn his way back as a human being: He does not believe he will ever be redeemed, but thinks he is “obligated to try.”
  • He is still haunted by voices: “the voice of the general from the comfortable interrogation booth, the cries from the hard site, the sobs from the Palestinian chair and the sound of the old man’s head hitting the wall.”“It is nearly impossible to silence them,” he writes. “As I know it should be.”
Javier E

On Grand Strategy (John Lewis Gaddis) - 0 views

  • minds. Ordinary experience, he pointed out, is filled with “ends equally ultimate . . . , the realization of some of which must inevitably involve the sacrifice of others.” The choices facing us are less often between stark alternatives—good versus evil, for instance—than between good things we can’t have simultaneously. “One can save one’s soul, or one can found or maintain or serve a great and glorious State,” Berlin wrote, “but not always both at once.”
  • We resolve these dilemmas by stretching them over time. We seek certain things now, put off others until later, and regard still others as unattainable. We select what fits where, and then decide which we can achieve when. The process can be difficult: Berlin emphasized the “necessity and agony of choice.” But if such choices were to disappear, he added, so too would “the freedom to choose,” and hence liberty itself.24
  • only narratives can show dilemmas across time. It’s not enough to display choices like slivers on a microscope slide. We need to see change happen, and we can do that only by reconstituting the past as histories, biographies, poems, plays, novels, or films. The best of these sharpen and shade simultaneously: they compress what’s happening in order to clarify, even as they blur, the line between instruction and entertainment. They are, in short, dramatizations. And a fundamental requirement of these is never to bore.
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  • When Thaddeus Stevens (Tommy Lee Jones) asks the president how he can reconcile so noble an aim with such malodorous methods, Lincoln recalls what his youthful years as a surveyor taught him: [A] compass . . . [will] point you true north from where you’re standing, but it’s got no advice about the swamps and deserts and chasms
  • chasms that you’ll encounter along the way. If in pursuit of your destination, you plunge ahead, heedless of obstacles, and achieve nothing more than to sink in a swamp . . . , [then] what’s the use of knowing true north?
  • The real Lincoln, as far as I know, never said any of this, and the real Berlin, sadly, never got to see Spielberg’s film. But Tony Kushner’s screenplay shows Fitzgerald’s linkage of intelligence, opposing ideas, and the ability to function: Lincoln keeps long-term aspirations and immediate necessities in mind at the same time. It reconciles Berlin’s foxes and hedgehogs with his insistence on the inevitability—and the unpredictability—of choice:
  • Whether we approach reality from the top down or the bottom up, Tolstoy seems to be saying, an infinite number of possibilities exist at an indeterminate number of levels, all simultaneously. Some are predictable, most aren’t, and only dramatization—free from the scholar’s enslavement to theory and archives—can begin to represent them.
  • what is “training,” as Clausewitz understands it? It’s being able to draw upon principles extending across time and space, so that you’ll have a sense of what’s worked before and what hasn’t. You then apply these to the situation at hand: that’s the role of scale. The result is a plan, informed by the past, linked to the present, for achieving some future goal.
  • I think he’s describing here an ecological sensitivity that equally respects time, space, and scale. Xerxes never had it, despite Artabanus’ efforts. Tolstoy approximated it, if only in a novel. But Lincoln—who lacked an Artabanus and who didn’t live to read War and Peace—seems somehow to have achieved it, by way of a common sense that’s uncommon among great leaders.
  • It’s worth remembering also that Lincoln—and Shakespeare—had a lifetime to become who they were. Young people today don’t, because society so sharply segregates general education, professional training, ascent within an organization, responsibility for it, and then retirement.
  • This worsens a problem Henry Kissinger identified long ago: that the “intellectual capital” leaders accumulate prior to reaching the top is all they’ll be able to draw on while at the top.37 There’s less time now than Lincoln had to learn anything new.
  • A gap has opened between the study of history and the construction of theory, both of which are needed if ends are to be aligned with means. Historians, knowing that their field rewards specialized research, tend to avoid the generalizations
  • Theorists, keen to be seen as social “scientists,” seek “reproducibility” in results: that replaces complexity with simplicity in the pursuit of predictability. Both communities neglect relationships between the general and the particular—between universal and local knowledge—that nurture strategic thinking.
  • concrete events in time and space—the sum of the actual experience of actual men and women in their relation to one another and to an actual three-dimensional, empirically experienced, physical environment—this alone contained the truth,
  • Collaboration, in theory, could have secured the sea and the land from all future dangers. That would have required, though, the extension of trust, a quality with strikingly shallow roots in the character of all Greeks.
  • The only solution then is to improvise, but this is not just making it up as you go along. Maybe you’ll stick to the plan, maybe you’ll modify it, maybe you’ll scrap it altogether. Like Lincoln, though, you’ll know your compass heading, whatever the unknowns that lie between you and your destination. You’ll have in your mind a range of options for dealing with these, based—as if from Machiavelli—upon hard-won lessons from those who’ve gone before.
  • The past and future are no more equivalent, in Thucydides, than are capabilities and aspirations in strategy—they are, however, connected.
  • The past we can know only from imperfect sources, including our own memories. The future we can’t know, other than that it will originate in the past but then depart from it. Thucydides’ distinction between resemblance and reflection—between patterns surviving across time and repetitions degraded by time—aligns the asymmetry, for it suggests that the past prepares us for the future only when, however imperfectly, it transfers. Just as capabilities restrict aspirations to what circumstances will allow.
  • Insufficiency demands indirection, and that, Sun Tzu insists, requires maneuver: [W]hen capable, feign incapacity; when active, inactivity. When near, make it appear that you are far; when far away, that you are near. Offer an enemy a bait to lure him; feign disorder and strike him. . . . When he concentrates, prepare against him; where he is strong, avoid him. . . . Pretend inferiority and encourage his arrogance. . . . Keep him under a strain and wear him down. Opposites held in mind simultaneously, thus, are “the strategist’s keys to victory.”
  • it was Pericles who, more than anyone else, unleashed the Peloponnesian War—the unintended result of constructing a culture to support a strategy.
  • By the mid-450s Pericles, who agreed, had finished the walls around Athens and Piraeus, allowing total reliance on the sea in any future war. The new strategy made sense, but it made the Athenians, as Thucydides saw, a different people. Farmers, traditionally, had sustained Athens: their fields and vineyards supplied the city in peacetime, and their bodies filled the ranks of its infantry and cavalry when wars came. Now, though, their properties were expendable and their influence diminished.
  • If Athens were to rely upon the ardor of individuals, then it would have to inspire classes within the city and peoples throughout the empire—even as it retained the cohesiveness of its rival Sparta, still in many ways a small town.
  • Pericles used his “funeral oration,” delivered in Athens at the end of the Peloponnesian War’s first year, to explain what he hoped for. The dead had given their lives, he told the mourners, for the universality of Athenian distinctiveness: Athens imitated no one, but was a pattern for everyone. How, though, to reconcile these apparent opposites? Pericles’ solution was to connect scale, space, and time: Athenian culture would appeal to the city, the empire, and the ages.
  • The city had acquired its “friends,” Pericles acknowledged, by granting favors, “in order by continued kindness to keep the recipient in [its] debt; while the debtor [knows] that the return he makes will be a payment, not a free gift.” Nevertheless, the Athenians had provided these benefits “not from calculations of expediency, but in the confidence of liberality.” What he meant was that Athens would make its empire at once more powerful and more reassuring than that of any rival.
  • It could in this way project democracy across cultures because insecure states, fearing worse, would freely align with Athens.22 Self-interest would become comfort and then affinity.
  • The Athenians’ strategy of walling their cities, however, had reshaped their character, obliging them restlessly to roam the world. Because they had changed, they would have to change others—that’s what having an empire means—but how many, to what extent, and by what means? No one, not even Pericles, could easily say.
  • Equality, then, was the loop in Pericles’ logic. He saw both it and empire as admirable, but was slow to sense that encouraging one would diminish the other.
  • Like Lincoln, Pericles looked ahead to the ages. He even left them monuments and sent them messages. But he didn’t leave behind a functional state: it would take well over two millennia for democracy again to become a model with mass appeal.
  • as Thucydides grimly observes, war “brings most men’s character to a level with their fortunes.”
  • “Island” strategies require steady nerves. You have to be able to watch smoke rise on horizons you once controlled without losing your own self-confidence, or shaking that of allies, or strengthening that of adversaries.
  • For the abstractions of strategy and the emotions of strategists can never be separated: they can only be balanced. The weight attached to each, however, will vary with circumstances. And the heat of emotions requires only an instant to melt abstractions drawn from years of cool reflection.
  • if credibility is always in doubt, then capabilities must become infinite or bluffs must become routine. Neither approach is sustainable: that’s why walls exist in the first place.
  • he encouraged his readers to seek “knowledge of the past as an aid to the understanding of the future, which in the course of human things must resemble if it does not reflect it.” For without some sense of the past the future can be only loneliness: amnesia is a solitary affliction.
  • But to know the past only in static terms—as moments frozen in time and space—would be almost as disabling, because we’re the progeny of progressions across time and space that shift from small scales to big ones and back again. We know these through narratives, whether historical or fictional or a combination of both.
  • No one can anticipate everything that might happen. Sensing possibilities, though, is better than having no sense at all of what to expect. Sun Tzu seeks sense—even common sense—by tethering principles, which are few, to practices, which are many.
  • Clausewitz’s concept of training, however, retains its relevance. It’s the best protection we have against strategies getting stupider as they become grander, a recurring problem in peace as well as war. It’s the only way to combine the apparent opposites of planning and improvisation: to teach the common sense that comes from knowing when to be a hedgehog and when a fox.
  • Victories must connect: otherwise they won’t lead anywhere. They can’t be foreseen, though, because they arise from unforeseen opportunities. Maneuvering, thus, requires planning, but also improvisation. Small triumphs in a single arena set up larger ones elsewhere, allowing weaker contenders to become stronger.
  • The actions of man, Kennan concluded, “are governed not so much by what he intellectually believes as by what he vividly realizes.”
  • Nor is it clear, even now, whether Christianity caused Rome’s “fall”—as Gibbon believed—or—as the legacies of Augustus suggest—secured Rome’s institutional immortalities. These opposites have shaped “western” civilization ever since. Not least by giving rise to two truly grand strategies, parallel in their purposes but devised a thousand years apart
  • Augustine shows that reality always falls short of the ideal: one can strive toward it, but never expect to achieve it. Seeking, therefore, is the best man can manage in a fallen world, and what he seeks is his choice. Nevertheless, not all ends are legitimate; not all means are appropriate. Augustine seeks, therefore, to guide choice by respecting choice. He does this through an appeal to reason: one might even say to common sense.
  • A peaceful faith—the only source of justice for Christians—can’t flourish without protection, whether through toleration, as in pre-Constantine Rome, or by formal edict, as afterward.20 The City of God is a fragile structure within the sinful City of Man. It’s this that leads Christians to entrust authority to selected sinners—we call it “politics”—and Augustine, for all his piety, is a political philosopher.
  • Augustine concluded that war, if necessary to save the state, could be a lesser evil than peace—and that the procedural prerequisites for necessity could be stated. Had provocation occurred? Had competent authority exhausted peaceful alternatives? Would the resort to violence be a means chosen, not an end in itself? Was the expenditure of force proportionate to its purposes, so that it wouldn’t destroy what it was meant to defend?
  • No one before Augustine, however, had set standards to be met by states in choosing war. This could be done only within an inclusionary monotheism, for only a God claiming universal authority could judge the souls of earthly rulers. And only Augustine, in his era, spoke so self-confidently for Him. The
  • Augustine’s great uncertainty was the status of souls in the City of Man, for only the fittest could hope to enter the City of God. Pre-Christian deities had rarely made such distinctions: the pagan afterlife was equally grim for heroes, scoundrels, and all in between.25 Not so, though, with the Christian God: behavior in life would make a huge difference in death. It was vital, then, to fight wars within rules. The stakes could hardly be higher.
  • Alignment, in turn, implies interdependence. Justice is unattainable in the absence of order, peace may require the fighting of wars, Caesar must be propitiated—perhaps even, like Constantine, converted—if man is to reach God. Each capability brings an aspiration within reach, much as Sun Tzu’s practices tether his principles, but what’s the nature of the tether? I think it’s proportionality: the means employed must be appropriate to—or at least not corrupt—the end envisaged. This, then, is Augustine’s tilt: toward a logic of strategy transcending time, place, culture, circumstance, and the differences between saints and sinners.
  • a more revealing distinction may lie in temperament: to borrow from Milan Kundera,37 Machiavelli found “lightness of being” bearable. For Augustine—perhaps because traumatized as a youth by a pear tree—it was unendurable.
  • “I judge that it might be true that fortune is arbiter of half our actions, but also that she leaves the other half, or close to it, for us to govern.” Fifty percent fortune, fifty percent man—but zero percent God. Man is, however precariously, on his own.
  • States, Machiavelli suggests, operate similarly. If governed badly, men’s rapacity will soon overwhelm them, whether through internal rebellion or external war. But if run with virtù—his untranslatable term for planning without praying40—states can constrain, if not in all ways control, the workings of fortune, or chance. The skills needed are those of imitation, adaptation, and approximation.
  • Machiavelli commends the study of history, “for since men almost always walk on paths beaten by others and proceed in their actions by imitation . . . , a prudent man should always enter upon the paths beaten by great men, and imitate those who have been most excellent, so that if his own virtue does not reach that far, it is at least in the odor of it.”
  • What, then, to do? It helped that Machiavelli and Berlin had lightness of being, for their answer is the same: don’t sweat it. Learn to live with the contradictions. Machiavelli shows “no trace of agony,” Berlin points out, and he doesn’t either:
  • Eternal truths have little to do with any of this, beyond the assurance that circumstances will change. Machiavelli knows, as did Augustine, that what makes sense in one situation may not in the next. They differ, though, in that Machiavelli, expecting to go to Hell, doesn’t attempt to resolve such disparities. Augustine, hoping for Heaven, feels personally responsible for them. Despite his afflictions, Machiavelli often sees comedy.42 Despite his privileges, Augustine carries a tragic burden of guilt. Machiavelli sweats, but not all the time. Augustine never stops.
  • “Lightness of being,” then, is the ability, if not to find the good in bad things, then at least to remain afloat among them, perhaps to swim or to sail through them, possibly even to take precautions that can keep you dry. It’s not to locate logic in misfortunes, or to show that they’re for the best because they reflect God’s will.
  • Augustine and Machiavelli agree that wars should be fought—indeed that states should be run—by pre-specifiable procedures. Both know that aspirations aren’t capabilities. Both prefer to connect them through checklists, not commandments.43
  • Augustine admits, which is why good men may have to seek peace by shedding blood. The greater privilege, however, is to avert “that calamity which others are under the necessity of producing.” Machiavelli agrees, but notes that a prince so infrequently has this privilege that if he wishes to remain in power he must “learn to be able not to be good,” and to use this proficiency or not use it “according to necessity.”51 As fits man’s fallen state, Augustine sighs. As befits man, Machiavelli simplifies.
  • As Machiavelli’s finest translator has put it: “[J]ustice is no more reasonable than what a person’s prudence tells him he must acquire for himself, or must submit to, because men cannot afford justice in any sense that transcends their own preservation.”53
  • princes need advisers. The adviser can’t tell the prince what to do, but he can suggest what the prince should know. For Machiavelli this means seeking patterns—across time, space, and status—by shifting perspectives. “[J]ust as those who sketch landscapes place themselves down in the plain to consider the nature of mountains . . . and to consider the nature of low places place themselves high atop mountains,
  • Machiavelli embraces, then, a utilitarian morality: you proportion your actions to your objective, not to progress from one nebulous city to another, but because some things have been shown to work and others haven’t.60
  • Who, then, will oversee them? They’ll do it themselves, Machiavelli replies, by balancing power. First, there’ll be a balance among states, unlike older Roman and Catholic traditions of universality. Machiavelli anticipates the statecraft of Richelieu, Metternich, Bismarck,
  • But Machiavelli understands balancing in a second and subtler sense, conveyed more explicitly in The Discourses than in The Prince: [I]t is only in republics that the common good is looked to properly in that all that promotes it is carried out; and, however much this or that private person may be the loser on this account, there are so many who benefit thereby that the common good can be realized in spite of those few who suffer in consequence.64 This idea of an internal equilibrium within which competition strengthens community wouldn’t appear again until Adam Smith unveiled an “invisible hand” in The Wealth of Nations (1776), until the American Founding Fathers drafted and in The Federalist justified constitutional checks and balances (1787–88), and until Immanuel Kant linked republics, however distantly, with Perpetual Peace (1795).
  • Machiavelli’s great transgression, Berlin concluded, was to confirm what everyone knows but no one will admit: that ideals “cannot be attained.” Statecraft, therefore, can never balance realism against idealism: there are only competing realisms. There is no contest, in governing, between politics and morality: there is only politics. And no state respects Christian teaching on saving souls. The incompatibilities are irreconcilable. To deny this is, in Berlin’s words but in Machiavelli’s mind, to “vacillate, fall between two stools, and end in weakness and failure.”
  • And approximation? “[P]rudent archers,” Machiavelli points out, knowing the strength of their bow, “set their aim much higher than the place intended, not to reach such height with their arrow, but to be able with the aid of so high an aim to achieve their plan.”41 For there will be deflection—certainly from gravity, perhaps from wind, who knows from what else? And the target itself will probably be moving.
  • Augustine’s City of God no longer exists on earth. The City of Man, which survives, has no single path to salvation. “[T]he belief that the correct, objectively valid solution to the question of how men should live can in principle be discovered,” Berlin finds, “is itself in principle not true.” Machiavelli thus split open the rock “upon which Western beliefs and lives had been founded.” It was he “who lit the fatal fuse.”
  • Machiavelli’s blood ran colder than was ordinary: he praised Cesare Borgia, for example, and he refused to condemn torture despite having suffered it (Augustine, never tortured, took a similar position).75 Machiavelli was careful, however, to apportion enormities: they should only forestall greater horrors—violent revolution, defeat in war, descent into anarchy, mass killing, or what we would today call “genocide.”
  • Berlin sees in this an “economy of violence,” by which he means holding a “reserve of force always in the background to keep things going in such a way that the virtues admired by [Machiavelli] and by the classical thinkers to whom he appeals can be protected and allowed to flower.”76 It’s no accident that Berlin uses the plural. For it comes closer than the singular, in English, to Machiavelli’s virtù, implying no single standard by which men must live.
  • “[T]here are many different ends that men may seek and still be fully rational,” Berlin insists, “capable of understanding . . . and deriving light from each other.” Otherwise, civilizations would exist in “impenetrable bubble[s],” incomprehensible to anyone on the outside. “Intercommunication between cultures in time and space is possible only because what makes men human is common to them, and acts as a bridge between them. But our values are ours, and theirs are theirs.”
  • Perhaps there are other worlds in which all principles are harmonized, but “it is on earth that we live, and it is here that we must believe and act.”77 By shattering certainty, Machiavelli showed how. “[T]he dilemma has never given men peace since it came to light,” Berlin lightly concludes, “but we have learnt to live with it.”
  • Posterity has long regarded Augustine and Machiavelli as pivots in the history of “western” thought because each, with enduring effects, shifted long-standing relationships between souls and states.
  • Philip promises obedience to God, not his subjects. Elizabeth serves her subjects, fitting God to their interests. The king, looking to Heaven, venerates. The queen, feet on earth, calculates. The differences test the ideas of Augustine and Machiavelli against the demands of statecraft at the dawn of the modern age.
  • Relishing opposites, the queen was constant only in her patriotism, her insistence on keeping ends within means, and her determination—a requirement for pivoting—never to be pinned down.
  • Pivoting requires gyroscopes, and Elizabeth’s were the best of her era. She balanced purposefulness with imagination, guile, humor, timing, and an economy in movement that, however extravagant her display, kept her steady on the tightrope she walked.
  • Machiavelli, thinking gyroscopically, advised his prince to be a lion and a fox, the former to frighten wolves, the latter to detect snares. Elizabeth went him one better by being lion, fox, and female, a combination the crafty Italian might have learned to appreciate. Philip was a grand lion, but he was only a lion.
  • princes can through conscientiousness, Machiavelli warned, become trapped. For a wise ruler “cannot observe faith, nor should he, when such observance turns against him, and the causes that made him promise have been eliminated. . . . Nor does a prince ever lack legitimate causes to color his failure to observe faith.”46
  • What we like to recall as the Elizabethan “golden age” survived only through surveillance and terror: that was another of its contradictions, maintained regretfully with resignation.
  • The queen’s instincts were more humane than those of her predecessors, but too many contemporaries were trying to kill her. “Unlike her sister, Elizabeth never burned men for their faith,” her recent biographer Lisa Hilton has written. “She tortured and hanged them for treason.”60 Toleration, Machiavelli might have said, had turned against Elizabeth. She wanted to be loved—who wouldn’t? It was definitely safer for princes, though, to be feared.
  • “The failure of the Spanish Armada,” Geoffrey Parker has argued, “laid the American continent open to invasion and colonization by northern Europeans, and thus made possible the creation of the United States.” If that’s right, then the future pivoted on a single evening—August 7, 1588—owing to a favorable wind, a clever lord admiral, and a few fiery ships. Had he succeeded, Philip would have required Elizabeth to end all English voyages to America.4
  • In contrast to Spain’s “new world” colonies—and to the territories that France, more recently, had claimed (but barely settled) along the banks of the St. Lawrence, the Great Lakes, and the Ohio and Mississippi rivers—British America “was a society whose political and administrative institutions were more likely to evolve from below than to be imposed from above.”10 That made it a hodgepodge, but also a complex adaptive system.
  • The principles seem at odds—how can supremacies share?—but within that puzzle, the modern historian Robert Tombs has suggested, lay the foundations of England’s post-Stuart political culture: [S]uspicion of Utopias and zealots; trust in common sense and experience; respect for tradition; preference for gradual change; and the view that “compromise” is victory, not betrayal. These things stem from the failure of both royal absolutism and of godly republicanism: costly failures, and fruitful ones.
millerco

The Gathering Threat to Abortion Rights - The New York Times - 1 views

  • People who care about basic American freedoms should be grateful to the Senate majority leader, Mitch McConnell, for one thing: He has given liberals another good reason to flock to the polls in November.
  • Mr. McConnell is set to hold a procedural vote this week on a bill that would ban abortion at 20 weeks of pregnancy.
  • Twenty-week abortion bans, enacted in more than a dozen states and struck down in two, violate the Supreme Court’s standard that abortion can be restricted only when a fetus is viable outside the womb.
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  • Twenty-week bans particularly curb access for poor women, who often struggle to find the money and time for the procedure.
  • Only about 1 percent of women seeking abortions do so after 21 weeks, and they often make that decision because a fetal abnormality has been found or because their own health is in danger.
  • The Senate bill contains exceptions for rape and incest if the women reported the abuse to law enforcement and sought counseling 48 hours before the abortion. But there is no exception to protect the health of the pregnant woman.
Javier E

The Wages of Guilt: Memories of War in Germany and Japan (Ian Buruma) - 0 views

  • the main reason why Germans were more trusted by their neighbors was that they were learning, slowly and painfully, and not always fully, to trust themselves.
  • elders, in government and the mass media, still voice opinions about the Japanese war that are unsettling, to say the least. Conservative politicians still pay their annual respects at a shrine where war criminals are officially remembered. Justifications and denials of war crimes are still heard. Too many Japanese in conspicuous places, including the prime minister’s office itself, have clearly not “coped” with the war.
  • unlike Nazi Germany, Japan had no systematic program to destroy the life of every man, woman, and child of a people that, for ideological reasons, was deemed to have no right to exist.
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  • “We never knew,” a common reaction in the 1950s, had worn shamefully thin in the eyes of a younger generation by the 1960s. The extraordinary criminality of a deliberate genocide was so obvious that it left no room for argument.
  • Right-wing nationalists like to cite the absence of a Japanese Holocaust as proof that Japanese have no reason to feel remorse about their war at all. It was, in their eyes, a war like any other; brutal, yes, just as wars fought by all great nations in history have been brutal. In fact, since the Pacific War was fought against Western imperialists, it was a justified—even noble—war of Asian liberation.
  • in the late 1940s or 1950s, a time when most Germans were still trying hard not to remember. It is in fact extraordinary how honestly Japanese novelists and filmmakers dealt with the horrors of militarism in those early postwar years. Such honesty is much less evident now.
  • Popular comic books, aimed at the young, extol the heroics of Japanese soldiers and kamikaze pilots, while the Chinese and their Western allies are depicted as treacherous and belligerent. In 2008, the chief of staff of the Japanese Air Self-Defense Force stated that Japan had been “tricked” into the war by China and the US. In 2013, Prime Minister Abe Shinzo publicly doubted whether Japan’s military aggression in China could even be called an invasion.
  • The fact is that Japan is still haunted by historical issues that should have been settled decades ago. The reasons are political rather than cultural, and have to do with the pacifist constitution—written by American jurists in 1946—and with the imperial institution, absolved of war guilt by General Douglas MacArthur after the war for the sake of expediency.
  • Japan, even under Allied occupation, continued to be governed by much the same bureaucratic and political elite, albeit under a new, more democratic constitution,
  • a number of conservatives felt humiliated by what they rightly saw as an infringement of their national sovereignty. Henceforth, to them, everything from the Allied Tokyo War Crimes Tribunal to the denunciations of Japan’s war record by left-wing teachers and intellectuals would be seen in this light.
  • The more “progressive” Japanese used the history of wartime atrocities as a warning against turning away from pacifism, the more defensive right-wing politicians and commentators became about the Japanese war.
  • Views of history, in other words, were politicized—and polarized—from the beginning.
  • To take the sting out of this confrontation between constitutional pacifists and revisionists, which had led to much political turmoil in the 1950s, mainstream conservatives made a deliberate attempt to distract people’s attention from war and politics by concentrating on economic growth.
  • For several decades, the chauvinistic right wing, with its reactionary views on everything from high school education to the emperor’s status, was kept in check by the sometimes equally dogmatic Japanese left. Marxism was the prevailing ideology of the teachers union and academics.
  • the influence of Marxism waned after the collapse of the Soviet empire in the early 1990s, and the brutal records of Chairman Mao and Pol Pot became widely known.
  • Marginalized in the de facto one-party LDP state and discredited by its own dogmatism, the Japanese left did not just wane, it collapsed. This gave a great boost to the war-justifying right-wing nationalists,
  • Japanese young, perhaps out of boredom with nothing but materialistic goals, perhaps out of frustration with being made to feel guilty, perhaps out of sheer ignorance, or most probably out of a combination of all three, are not unreceptive to these patriotic blandishments.
  • Anxiety about the rise of China, whose rulers have a habit of using Japan’s historical crimes as a form of political blackmail, has boosted a prickly national pride, even at the expense of facing the truth about the past.
  • By 1996, the LDP was back in power, the constitutional issue had not been resolved, and historical debates continue to be loaded with political ideology. In fact, they are not really debates at all, but exercises in propaganda, tilted toward the reactionary side.
  • My instinct—call it a prejudice, if you prefer—before embarking on this venture was that people from distinct cultures still react quite similarly to similar circumstances.
  • The Japanese and the Germans, on the whole, did not behave in the same ways—but then the circumstances, both wartime and postwar, were quite different in the two Germanies and Japan. They still are.
  • Our comic-book prejudices turned into an attitude of moral outrage. This made life easier in a way. It was comforting to know that a border divided us from a nation that personified evil. They were bad, so we must be good. To grow up after the war in a country that had suffered German occupation was to know that one was on the side of the angels.
  • The question that obsessed us was not how we would have acquitted ourselves in uniform, going over the top, running into machine-gun fire or mustard gas, but whether we would have joined the resistance, whether we would have cracked under torture, whether we would have hidden Jews and risked deportation ourselves. Our particular shadow was not war, but occupation.
  • the frightened man who betrayed to save his life, who looked the other way, who grasped the wrong horn of a hideous moral dilemma, interested me more than the hero. This is no doubt partly because I fear I would be much like that frightened man myself. And partly because, to me, failure is more typical of the human condition than heroism.
  • I was curious to learn how Japanese saw the war, how they remembered it, what they imagined it to have been like, how they saw themselves in view of their past. What I heard and read was often surprising to a European:
  • this led me to the related subject of modern Japanese nationalism. I became fascinated by the writings of various emperor worshippers, historical revisionists, and romantic seekers after the unique essence of Japaneseness.
  • Bataan, the sacking of Manila, the massacres in Singapore, these were barely mentioned. But the suffering of the Japanese, in China, Manchuria, the Philippines, and especially in Hiroshima and Nagasaki, was remembered vividly, as was the imprisonment of Japanese soldiers in Siberia after the war. The Japanese have two days of remembrance: August 6, when Hiroshima was bombed, and August 15, the date of the Japanese surrender.
  • The curious thing was that much of what attracted Japanese to Germany before the war—Prussian authoritarianism, romantic nationalism, pseudo-scientific racialism—had lingered in Japan while becoming distinctly unfashionable in Germany. Why?
  • the two peoples saw their own purported virtues reflected in each other: the warrior spirit, racial purity, self-sacrifice, discipline, and so on. After the war, West Germans tried hard to discard this image of themselves. This was less true of the Japanese.
  • Which meant that any residual feelings of nostalgia for the old partnership in Japan were likely to be met with embarrassment in Germany.
  • I have concentrated on the war against the Jews in the case of Germany, since it was that parallel war, rather than, say, the U-boat battles in the Atlantic, or even the battle of Stalingrad, that left the most sensitive scar on the collective memory of (West) Germany.
  • I have emphasized the war in China and the bombing of Hiroshima, for these episodes, more than others, have lodged themselves, often in highly symbolic ways, in Japanese public life.
  • Do Germans perhaps have more reason to mourn? Is it because Japan has an Asian “shame culture,” to quote Ruth Benedict’s phrase, and Germany a Christian “guilt culture”?
  • why the collective German memory should appear to be so different from the Japanese. Is it cultural? Is it political? Is the explanation to be found in postwar history, or in the history of the war itself?
  • the two peoples still have anything in common after the war, it is a residual distrust of themselves.
  • when Michael sees thousands of German peace demonstrators, he does not see thousands of gentle people who have learned their lesson from the past; he sees “100 percent German Protestant rigorism, aggressive, intolerant, hard.”
  • To be betroffen implies a sense of guilt, a sense of shame, or even embarrassment. To be betroffen is to be speechless. But it also implies an idea of moral purity. To be betroffen is one way to “master the past,” to show contriteness, to confess, and to be absolved and purified.
  • In their famous book, written in the sixties, entitled The Inability to Mourn, Alexander and Margarethe Mitscherlich analyzed the moral anesthesia that afflicted postwar Germans who would not face their past. They were numbed by defeat; their memories appeared to be blocked. They would or could not do their labor, and confess. They appeared to have completely forgotten that they had glorified a leader who caused the death of millions.
  • There is something religious about the act of being betroffen, something close to Pietism,
  • heart of Pietism was the moral renovation of the individual, achieved by passing through the anguish of contrition into the overwhelming realization of the assurance of God’s grace.” Pietism served as an antidote to the secular and rational ideas of the French Enlightenment.
  • It began in the seventeenth century with the works of Philipp Jakob Spener. He wanted to reform the Church and bring the Gospel into daily life, as it were, by stressing good works and individual spiritual labor.
  • German television is rich in earnest discussion programs where people sit at round tables and debate the issues of the day. The audience sits at smaller tables, sipping drinks as the featured guests hold forth. The tone is generally serious, but sometimes the arguments get heated. It is easy to laugh at the solemnity of these programs, but there is much to admire about them. It is partly through these talk shows that a large number of Germans have become accustomed to political debate.
  • There was a real dilemma: at least two generations had been educated to renounce war and never again to send German soldiers to the front, educated, in other words, to want Germany to be a larger version of Switzerland. But they had also been taught to feel responsible for the fate of Israel, and to be citizens of a Western nation, firmly embedded in a family of allied Western nations. The question was whether they really could be both.
  • the Gulf War showed that German pacifism could not be dismissed simply as anti-Americanism or a rebellion against Adenauer’s West.
  • the West German mistrust of East Germans—the East Germans whose soldiers still marched in goose step, whose petit bourgeois style smacked of the thirties, whose system of government, though built on a pedestal of antifascism, contained so many disturbing remnants of the Nazi past; the East Germans, in short, who had been living in “Asia.”
  • Michael, the Israeli, compared the encounter of Westerners (“Wessies”) with Easterners (“Ossies”) with the unveiling of the portrait of Dorian Gray: the Wessies saw their own image and they didn’t like what they saw.
  • he added: “I also happen to think Japanese and Germans are racists.”
  • Germany for its Nazi inheritance and its sellout to the United States. But now that Germany had been reunified, with its specters of “Auschwitz” and its additional hordes of narrow-minded Ossies, Adenauer was deemed to have been right after
  • The picture was of Kiel in 1945, a city in ruins. He saw me looking at it and said: “It’s true that whoever is being bombed is entitled to some sympathy from us.”
  • “My personal political philosophy and maybe even my political ambition has to do with an element of distrust for the people I represent, people whose parents and grandparents made Hitler and the persecution of the Jews possible.”
  • in the seventies he had tried to nullify verdicts given in Nazi courts—without success until well into the eighties. One of the problems was that the Nazi judiciary itself was never purged. This continuity was broken only by time.
  • To bury Germany in the bosom of its Western allies, such as NATO and the EC, was to bury the distrust of Germans. Or so it was hoped. As Europeans they could feel normal, Western, civilized. Germany; the old “land in the middle,” the Central European colossus, the power that fretted over its identity and was haunted by its past, had become a Western nation.
  • It is a miracle, really, how quickly the Germans in the Federal Republic became civilized. We are truly part of the West now. We have internalized democracy. But the Germans of the former GDR, they are still stuck in a premodern age. They are the ugly Germans, very much like the West Germans after the war, the people I grew up with. They are not yet civilized.”
  • “I like the Germans very much, but I think they are a dangerous people. I don’t know why—perhaps it is race, or culture, or history. Whatever. But we Japanese are the same: we swing from one extreme to the other. As peoples, we Japanese, like the Germans, have strong collective discipline. When our energies are channeled in the right direction, this is fine, but when they are misused, terrible things happen.”
  • to be put in the same category as the Japanese—even to be compared—bothered many Germans. (Again, unlike the Japanese, who made the comparison often.) Germans I met often stressed how different they were from the Japanese,
  • To some West Germans, now so “civilized,” so free, so individualistic, so, well, Western, the Japanese, with their group discipline, their deference to authority, their military attitude toward work, might appear too close for comfort to a self-image only just, and perhaps only barely, overcome.
  • To what extent the behavior of nations, like that of individual people, is determined by history, culture, or character is a question that exercises many Japanese, almost obsessively.
  • not much sign of betroffenheit on Japanese television during the Gulf War. Nor did one see retired generals explain tactics and strategy. Instead, there were experts from journalism and academe talking in a detached manner about a faraway war which was often presented as a cultural or religious conflict between West and Middle East. The history of Muslim-Christian-Jewish animosity was much discussed. And the American character was analyzed at length to understand the behavior of George Bush and General Schwarzkopf.
  • In the words of one Albrecht Fürst von Urach, a Nazi propagandist, Japanese emperor worship was “the most unique fusion in the world of state form, state consciousness, and religious fanaticism.” Fanaticism was, of course, a positive word in the Nazi lexicon.
  • the identity question nags in almost any discussion about Japan and the outside world. It
  • It was a respectable view, but also one founded on a national myth of betrayal. Japan, according to the myth, had become the unique moral nation of peace, betrayed by the victors who had sat in judgment of Japan’s war crimes; betrayed in Vietnam, in Afghanistan, in Nicaragua; betrayed by the arms race, betrayed by the Cold War; Japan had been victimized not only by the “gratuitous,” perhaps even “racist,” nuclear attacks on Hiroshima and Nagasaki, but by all subsequent military actions taken by the superpowers,
  • When the Prime Minister of Japan, Shidehara Kijuro, protested in 1946 to General MacArthur that it was all very well saying that Japan should assume moral leadership in renouncing war, but that in the real world no country would follow this example, MacArthur replied: “Even if no country follows you, Japan will lose nothing. It is those who do not support this who are in the wrong.” For a long time most Japanese continued to take this view.
  • What is so convenient in the cases of Germany and Japan is that pacifism happens to be a high-minded way to dull the pain of historical guilt. Or, conversely, if one wallows in it, pacifism turns national guilt into a virtue, almost a mark of superiority, when compared to the complacency of other nations.
  • The denial of historical discrimination is not just a way to evade guilt. It is intrinsic to pacifism. To even try to distinguish between wars, to accept that some wars are justified, is already an immoral position.
  • That Kamei discussed this common paranoia in such odd, Volkish terms could mean several things: that some of the worst European myths got stuck in Japan, that the history of the Holocaust had no impact, or that Japan is in some respects a deeply provincial place. I think all three explanations apply.
  • “the problem with the U.S.-Japan relationship is difficult. A racial problem, really. Yankees are friendly people, frank people. But, you know, it’s hard. You see, we have to be friendly …”
  • Like Oda, indeed like many people of the left, Kamei thought in racial terms. He used the word jinshu, literally race. He did not even use the more usual minzoku, which corresponds, in the parlance of Japanese right-wingers, to Volk, or the more neutral kokumin, meaning the citizens of a state.
  • many Germans in the liberal democratic West have tried to deal honestly with their nation’s terrible past, the Japanese, being different, have been unable to do so. It is true that the Japanese, compared with the West Germans, have paid less attention to the suffering they inflicted on others, and shown a greater inclination to shift the blame. And liberal democracy, whatever it may look like on paper, has not been the success in Japan that it was in the German Federal Republic. Cultural differences might account for this. But one can look at these matters in a different, more political way. In his book The War Against the West, published in London in 1938, the Hungarian scholar Aurel Kolnai followed the Greeks in his definition of the West: “For the ancient Greeks ‘the West’ (or ‘Europe’) meant society with a free constitution and self-government under recognized rules, where ‘law is king,’ whereas the ‘East’ (or ‘Asia’) signified theocratic societies under godlike rulers whom their subjects serve ‘like slaves.’
  • According to this definition, both Hitler’s Germany and prewar Japan were of the East.
  • There was a great irony here: in their zeal to make Japan part of the West, General MacArthur and his advisers made it impossible for Japan to do so in spirit. For a forced, impotent accomplice is not really an accomplice at all.
  • In recent years, Japan has often been called an economic giant and a political dwarf. But this has less to do with a traditional Japanese mentality—isolationism, pacifism, shyness with foreigners, or whatnot—than with the particular political circumstances after the war that the United States helped to create.
  • when the Cold War prompted the Americans to make the Japanese subvert their constitution by creating an army which was not supposed to exist, the worst of all worlds appeared: sovereignty was not restored, distrust remained, and resentment mounted.
  • Kamei’s hawks are angry with the Americans for emasculating Japan; Oda’s doves hate the Americans for emasculating the “peace constitution.” Both sides dislike being forced accomplices, and both feel victimized, which is one reason Japanese have a harder time than Germans in coming to terms with their wartime past.
  • As far as the war against the Jews is concerned, one might go back to 1933, when Hitler came to power. Or at the latest to 1935, when the race laws were promulgated in Nuremberg. Or perhaps those photographs of burning synagogues on the night of November 9, 1938, truly marked the first stage of the Holocaust.
  • There is the famous picture of German soldiers lifting the barrier on the Polish border in 1939, but was that really the beginning? Or did it actually start with the advance into the Rhineland in 1936, or was it the annexation of the Sudetenland, or Austria, or Czechoslovakia?
  • IT IS DIFFICULT TO SAY when the war actually began for the Germans and the Japanese. I cannot think of a single image that fixed the beginning of either war in the public mind.
  • Possibly to avoid these confusions, many Germans prefer to talk about the Hitlerzeit (Hitler era) instead of “the war.”
  • only Japanese of a liberal disposition call World War II the Pacific War. People who stick to the idea that Japan was fighting a war to liberate Asia from Bolshevism and white colonialism call it the Great East Asian War (Daitowa Senso), as in the Great East Asian Co-Prosperity Sphere.
  • The German equivalent, I suppose, would be the picture of Soviet soldiers raising their flag on the roof of the gutted Reichstag in Berlin.
  • People of this opinion separate the world war of 1941–45 from the war in China, which they still insist on calling the China Incident.
  • Liberals and leftists, on the other hand, tend to splice these wars together and call them the Fifteen-Year War (1931–45).
  • images marking the end are more obvious.
  • argued that the struggle against Western imperialism actually began in 1853, with the arrival in Japan of Commodore Perry’s ships, and spoke of the Hundred-Year War.
  • These are among the great clichés of postwar Japan: shorthand for national defeat, suffering, and humiliation.
  • The Germans called it Zusammenbruch (the collapse) or Stunde Null (Zero Hour): everything seemed to have come to an end, everything had to start all over. The Japanese called it haisen (defeat) or shusen (termination of the war).
  • kokka (nation, state) and minzoku (race, people) are not quite of the same order as Sonderbehandlung (special treatment) or Einsatzgruppe (special action squad). The jargon of Japanese imperialism was racist and overblown, but it did not carry the stench of death camps.
  • The German people are spiritually starved, Adenauer told him. “The imagination has to be provided for.” This was no simple matter, especially in the German language, which had been so thoroughly infected by the jargon of mass murder.
  • All they had been told to believe in, the Germans and the Japanese, everything from the Führerprinzip to the emperor cult, from the samurai spirit to the Herrenvolk, from Lebensraum to the whole world under one (Japanese) roof, all that lay in ruins
  • How to purge this language from what a famous German philologist called the Lingua Tertii Imperii? “… the language is no longer lived,” wrote George Steiner in 1958, “it is merely spoken.”
  • out of defeat and ruin a new school of literature (and cinema) did arise. It is known in Germany as Trümmerliteratur (literature of the ruins). Japanese writers who came of age among the ruins called themselves the yakeato seidai (burnt-out generation). Much literature of the late forties and fifties was darkened by nihilism and despair.
  • It was as though Germany—Sonderweg or no Sonderweg—needed only to be purged of Nazism, while Japan’s entire cultural tradition had to be overhauled.
  • In Germany there was a tradition to fall back on. In the Soviet sector, the left-wing culture of the Weimar Republic was actively revived. In the Western sectors, writers escaped the rats and the ruins by dreaming of Goethe. His name was often invoked to prove that Germany, too, belonged to the humanist, enlightened strain of European civilization.
  • the Americans (and many Japanese leftists) distrusted anything associated with “feudalism,” which they took to include much of Japan’s premodern past. Feudalism was the enemy of democracy. So not only did the American censors, in their effort to teach the Japanese democracy, forbid sword-fight films and samurai dramas, but at one point ninety-eight Kabuki plays were banned too.
  • yet, what is remarkable about much of the literature of the period, or more precisely, of the literature about that time, since much of it was written later, is the deep strain of romanticism, even nostalgia. This colors personal memories of people who grew up just after the war as well.
  • If the mushroom cloud and the imperial radio speech are the clichés of defeat, the scene of an American soldier (usually black) raping a Japanese girl (always young, always innocent), usually in a pristine rice field (innocent, pastoral Japan), is a stock image in postwar movies about the occupation.
  • To Ango, then, as to other writers, the ruins offered hope. At last the Japanese, without “the fake kimono” of traditions and ideals, were reduced to basic human needs; at last they could feel real love, real pain; at last they would be honest. There was no room, among the ruins, for hypocrisy.
  • Böll was able to be precise about the end of the Zusammenbruch and the beginning of bourgeois hypocrisy and moral amnesia. It came on June 20, 1948, the day of the currency reform, the day that Ludwig Erhard, picked by the Americans as Economics Director in the U.S.-British occupation zone, gave birth to the Deutsche Mark. The DM, from then on, would be the new symbol of West German national pride;
  • the amnesia, and definitely the identification with the West, was helped further along by the Cold War. West Germany now found itself on the same side as the Western allies. Their common enemy was the “Asiatic” Soviet empire. Fewer questions needed to be asked.
  • Indeed, to some people the Cold War simply confirmed what they had known all along: Germany always had been on the right side, if only our American friends had realized it earlier.
  • The process of willed forgetfulness culminated in the manic effort of reconstruction, in the great rush to prosperity.
  • “Prosperity for All” was probably the best that could have happened to the Germans of the Federal Republic. It took the seed of resentment (and thus future extremism) out of defeat. And the integration of West Germany into a Western alliance was a good thing too.
  • The “inability to mourn,” the German disassociation from the piles of corpses strewn all over Central and Eastern Europe, so that the Third Reich, as the Mitscherlichs put it, “faded like a dream,” made it easier to identify with the Americans, the victors, the West.
  • Yet the disgust felt by Böll and others for a people getting fat (“flabby” is the usual term, denoting sloth and decadence) and forgetting about its murderous past was understandable.
  • The Brückners were the price Germany had to pay for the revival of its fortunes. Indeed, they were often instrumental in it. They were the apparatchik who functioned in any system, the small, efficient fish who voted for Christian conservatives in the West and became Communists in the East.
  • Staudte was clearly troubled by this, as were many Germans, but he offered no easy answers. Perhaps it was better this way: flabby democrats do less harm than vengeful old Nazis.
  • the forgetful, prosperous, capitalist Federal Republic of Germany was in many more or less hidden ways a continuation of Hitler’s Reich. This perfectly suited the propagandists of the GDR, who would produce from time to time lists of names of former Nazis who were prospering in the West. These lists were often surprisingly accurate.
  • In a famous film, half fiction, half documentary, made by a number of German writers and filmmakers (including Böll) in 1977, the continuity was made explicit. The film, called Germany in Autumn (Deutschland in Herbst),
  • Rainer Werner Fassbinder was one of the participants in this film. A year later he made The Marriage of Maria Braun.
  • To lifelong “antifascists” who had always believed that the Federal Republic was the heir to Nazi Germany, unification seemed—so they said—almost like a restoration of 1933. The irony was that many Wessies saw their new Eastern compatriots as embarrassing reminders of the same unfortunate past.
  • Rarely was the word “Auschwitz” heard more often than during the time of unification, partly as an always salutary reminder that Germans must not forget, but partly as an expression of pique that the illusion of a better, antifascist, anticapitalist, idealistic Germany, born in the ruins of 1945, and continued catastrophically for forty years in the East, had now been dashed forever.
  • Ludwig Erhard’s almost exact counterpart in Japan was Ikeda Hayato, Minister of Finance from 1949 and Prime Minister from 1960 to 1964. His version of Erhard’s “Prosperity for AH” was the Double Your Incomes policy, which promised to make the Japanese twice as rich in ten years. Japan had an average growth rate of 11 percent during the 1960s.
  • It explains, at any rate, why the unification of the two Germanys was considered a defeat by antifascists on both sides of the former border.
  • Very few wartime bureaucrats had been purged. Most ministries remained intact. Instead it was the Communists, who had welcomed the Americans as liberators, who were purged after 1949, the year China was “lost.”
  • so the time of ruins was seen by people on the left as a time of missed chances and betrayal. Far from achieving a pacifist utopia of popular solidarity, they ended up with a country driven by materialism, conservatism, and selective historical amnesia.
  • the “red purges” of 1949 and 1950 and the return to power of men whose democratic credentials were not much better helped to turn many potential Japanese friends of the United States into enemies. For the Americans were seen as promoters of the right-wing revival and the crackdown on the left.
  • For exactly twelve years Germany was in the hands of a criminal regime, a bunch of political gangsters who had started a movement. Removing this regime was half the battle.
  • It is easier to change political institutions and hope that habits and prejudices will follow. This, however, was more easily done in Germany than in Japan.
  • There had not been a cultural break either in Japan. There were no exiled writers and artists who could return to haunt the consciences of those who had stayed.
  • There was no Japanese Thomas Mann or Alfred Döblin. In Japan, everyone had stayed.
  • In Japan there was never a clear break between a fascist and a prefascist past. In fact, Japan was never really a fascist state at all. There was no fascist or National Socialist ruling party, and no Führer either. The closest thing to it would have been the emperor, and whatever else he may have been, he was not a fascist dictator.
  • whereas after the war Germany lost its Nazi leaders, Japan lost only its admirals and generals.
  • Japan was effectively occupied only by the Americans. West Germany was part of NATO and the European Community, and the GDR was in the Soviet empire. Japan’s only formal alliance is with the United States, through a security treaty that many Japanese have opposed.
  • But the systematic subservience of Japan meant that the country never really grew up. There is a Japanese fixation on America, an obsession which goes deeper, I believe, than German anti-Americanism,
  • Yet nothing had stayed entirely the same in Japan. The trouble was that virtually all the changes were made on American orders. This was, of course, the victor’s prerogative, and many changes were beneficial.
  • like in fiction. American Hijiki, a novella by Nosaka Akiyuki, is, to my mind, a masterpiece in the short history of Japanese Trümmerliteratur.
  • Older Japanese do, however, remember the occupation, the first foreign army occupation in their national history. But it was, for the Japanese, a very unusual army. Whereas the Japanese armies in Asia had brought little but death, rape, and destruction, this one came with Glenn Miller music, chewing gum, and lessons in democracy. These blessings left a legacy of gratitude, rivalry, and shame.
  • did these films teach the Japanese democracy? Oshima thinks not. Instead, he believes, Japan learned the values of “progress” and “development.” Japan wanted to be just as rich as America—no, even richer:
  • think it is a romantic assumption, based less on history than on myth; a religious notion, expressed less through scholarship than through monuments, memorials, and historical sites turned into sacred grounds.
  • The past, wrote the West German historian Christian Meier, is in our bones. “For a nation to appropriate its history,” he argued, “is to look at it through the eyes of identity.” What we have “internalized,” he concluded, is Auschwitz.
  • Auschwitz is such a place, a sacred symbol of identity for Jews, Poles, and perhaps even Germans. The question is what or whom Germans are supposed to identify with.
  • The idea that visiting the relics of history brings the past closer is usually an illusion. The opposite is more often true.
  • To visit the site of suffering, any description of which cannot adequately express the horror, is upsetting, not because one gets closer to knowing what it was actually like to be a victim, but because such visits stir up emotions one cannot trust. It is tempting to take on the warm moral glow of identification—so easily done and so presumptuous—with the victims:
  • Were the crimes of Auschwitz, then, part of the German “identity”? Was genocide a product of some ghastly flaw in German culture, the key to which might be found in the sentimental proverbs, the cruel fairy tales, the tight leather shorts?
  • yet the imagination is the only way to identify with the past. Only in the imagination—not through statistics, documents, or even photographs—do people come alive as individuals, do stories emerge, instead of History.
  • nature. It is all right to let the witnesses speak, in the courtroom, in the museums, on videotape (Claude Lanzmann’s Shoah has been shown many times on German television), but it is not all right for German artists to use their imagination.
  • the reluctance in German fiction to look Auschwitz in the face, the almost universal refusal to deal with the Final Solution outside the shrine, the museum, or the schoolroom, suggests a fear of committing sacrilege.
  • beneath the fear of bad taste or sacrilege may lie a deeper problem. To imagine people in the past as people of flesh and blood, not as hammy devils in silk capes, is to humanize them. To humanize is not necessarily to excuse or to sympathize, but it does demolish the barriers of abstraction between us and them. We could, under certain circumstances, have been them.
  • the flight into religious abstraction was to be all too common among Germans of the Nazi generation, as well as their children; not, as is so often the case with Jews, to lend mystique to a new identity, as a patriotic Zionist, but on the contrary to escape from being the heir to a peculiarly German crime, to get away from having to “internalize” Auschwitz, or indeed from being German at all.
  • a Hollywood soap opera, a work of skillful pop, which penetrated the German imagination in a way nothing had before. Holocaust was first shown in Germany in January 1979. It was seen by 20 million people, about half the adult population of the Federal Republic; 58 percent wanted it to be repeated; 12,000 letters, telegrams, and postcards were sent to the broadcasting stations; 5,200 called the stations by telephone after the first showing; 72.5 percent were positive, 7.3 percent negative.
  • “After Holocaust,” wrote a West German woman to her local television station, “I feel deep contempt for those beasts of the Third Reich. I am twenty-nine years old and a mother of three children. When I think of the many mothers and children sent to the gas chambers, I have to cry. (Even today the Jews are not left in peace. We Germans have the duty to work every day for peace in Israel.) I bow to the victims of the Nazis, and I am ashamed to be a German.”
  • Auschwitz was a German crime, to be sure. “Death is a master from Germany.” But it was a different Germany. To insist on viewing history through the “eyes of identity,” to repeat the historian Christian Meier’s phrase, is to resist the idea of change.
  • Is there no alternative to these opposing views? I believe there is.
  • The novelist Martin Walser, who was a child during the war, believes, like Meier, that Auschwitz binds the German people, as does the language of Goethe. When a Frenchman or an American sees pictures of Auschwitz, “he doesn’t have to think: We human beings! He can think: Those Germans! Can we think: Those Nazis! I for one cannot …”
  • Adorno, a German Jew who wished to save high German culture, on whose legacy the Nazis left their bloody finger marks, resisted the idea that Auschwitz was a German crime. To him it was a matter of modern pathology, the sickness of the “authoritarian personality,” of the dehumanized SS guards, those inhumane cogs in a vast industrial wheel.
  • To the majority of Japanese, Hiroshima is the supreme symbol of the Pacific War. All the suffering of the Japanese people is encapsulated in that almost sacred word: Hiroshima. But it is more than a symbol of national martyrdom; Hiroshima is a symbol of absolute evil, often compared to Auschwitz.
  • has the atmosphere of a religious center. It has martyrs, but no single god. It has prayers, and it has a ready-made myth about the fall of man. Hiroshima, says a booklet entitled Hiroshima Peace Reader, published by the Hiroshima Peace Culture Foundation, “is no longer merely a Japanese city. It has become recognized throughout the world as a Mecca of world peace.”
  • They were not enshrined in the Japanese park, and later attempts by local Koreans to have the monument moved into Peace Park failed. There could only be one cenotaph, said the Hiroshima municipal authorities. And the cenotaph did not include Koreans.
  • What is interesting about Hiroshima—the Mecca rather than the modern Japanese city, which is prosperous and rather dull—is the tension between its universal aspirations and its status as the exclusive site of Japanese victimhood.
  • it is an opinion widely held by Japanese nationalists. The right always has been concerned with the debilitating effects on the Japanese identity of war guilt imposed by American propaganda.
  • The Japanese, in contrast, were duped by the Americans into believing that the traces of Japanese suffering should be swept away by the immediate reconstruction of Hiroshima. As a result, the postwar Japanese lack an identity and their racial virility has been sapped by American propaganda about Japanese war guilt.
  • Hiroshima, Uno wrote, should have been left as it was, in ruins, just as Auschwitz, so he claims, was deliberately preserved by the Jews. By reminding the world of their martyrdom, he said, the Jews have kept their racial identity intact and restored their virility.
  • But the idea that the bomb was a racist experiment is less plausible, since the bomb was developed for use against Nazi Germany.
  • There is another view, however, held by leftists and liberals, who would not dream of defending the “Fifteen-Year War.” In this view, the A-bomb was a kind of divine punishment for Japanese militarism. And having learned their lesson through this unique suffering, having been purified through hellfire and purgatory, so to speak, the Japanese people have earned the right, indeed have the sacred duty, to sit in judgment of others, specifically the United States, whenever they show signs of sinning against the “Hiroshima spirit.”
  • The left has its own variation of Japanese martyrdom, in which Hiroshima plays a central role. It is widely believed, for instance, that countless Japanese civilians fell victim to either a wicked military experiment or to the first strike in the Cold War, or both.
  • However, right-wing nationalists care less about Hiroshima than about the idée fixe that the “Great East Asian War” was to a large extent justified.
  • This is at the heart of what is known as Peace Education, which has been much encouraged by the leftist Japan Teachers’ Union and has been regarded with suspicion by the conservative government. Peace Education has traditionally meant pacifism, anti-Americanism, and a strong sympathy for Communist states, especially China.
  • The A-bomb, in this version, was dropped to scare the Soviets away from invading Japan. This at least is an arguable position.
  • left-wing pacifism in Japan has something in common with the romantic nationalism usually associated with the right: it shares the right’s resentment about being robbed by the Americans of what might be called a collective memory.
  • The romantic pacifists believe that the United States, to hide its own guilt and to rekindle Japanese militarism in aid of the Cold War, tried to wipe out the memory of Hiroshima.
  • few events in World War II have been described, analyzed, lamented, reenacted, re-created, depicted, and exhibited so much and so often as the bombing of Hiroshima
  • The problem with Nagasaki was not just that Hiroshima came first but also that Nagasaki had more military targets than Hiroshima. The Mitsubishi factories in Nagasaki produced the bulk of Japanese armaments. There was also something else, which is not often mentioned: the Nagasaki bomb exploded right over the area where outcasts and Christians lived. And unlike in Hiroshima, much of the rest of the city was spared the worst.
  • yet, despite these diatribes, the myth of Hiroshima and its pacifist cult is based less on American wickedness than on the image of martyred innocence and visions of the apocalypse.
  • The comparison between Hiroshima and Auschwitz is based on this notion; the idea, namely, that Hiroshima, like the Holocaust, was not part of the war, not even connected with it, but “something that occurs at the end of the world
  • still I wonder whether it is really so different from the position of many Germans who wish to “internalize” Auschwitz, who see Auschwitz “through the eyes of identity.”
  • the Japanese to take two routes at once, a national one, as unique victims of the A-bomb, and a universal one, as the apostles of the Hiroshima spirit. This, then, is how Japanese pacifists, engaged in Peace Education, define the Japanese identity.
  • the case for Hiroshima is at least open to debate. The A-bomb might have saved lives; it might have shortened the war. But such arguments are incompatible with the Hiroshima spirit.
  • In either case, nationality has come to be based less on citizenship than on history, morality, and a religious spirit.
  • The problem with this quasi-religious view of history is that it makes it hard to discuss past events in anything but nonsecular terms. Visions of absolute evil are unique, and they are beyond human explanation or even comprehension. To explain is hubristic and amoral.
  • in the history of Japan’s foreign wars, the city of Hiroshima is far from innocent. When Japan went to war with China in 1894, the troops set off for the battlefronts from Hiroshima, and the Meiji emperor moved his headquarters there. The city grew wealthy as a result. It grew even wealthier when Japan went to war with Russia eleven years later, and Hiroshima once again became the center of military operations. As the Hiroshima Peace Reader puts it with admirable conciseness, “Hiroshima, secure in its position as a military city, became more populous and prosperous as wars and incidents occurred throughout the Meiji and Taisho periods.” At the time of the bombing, Hiroshima was the base of the Second General Headquarters of the Imperial Army (the First was in Tokyo). In short, the city was swarming with soldiers. One of the few literary masterpieces to emerge
  • when a local group of peace activists petitioned the city of Hiroshima in 1987 to incorporate the history of Japanese aggression into the Peace Memorial Museum, the request was turned down. The petition for an “Aggressors’ Corner” was prompted by junior high school students from Osaka, who had embarrassed Peace Museum officials by asking for an explanation about Japanese responsibility for the war.
  • Yukoku Ishinkai (Society for Lament and National Restoration), thought the bombing had saved Japan from total destruction. But he insisted that Japan could not be held solely responsible for the war. The war, he said, had simply been part of the “flow of history.”
  • They also demanded an official recognition of the fact that some of the Korean victims of the bomb had been slave laborers. (Osaka, like Kyoto and Hiroshima, still has a large Korean population.) Both requests were denied. So a group called Peace Link was formed, from local people, many of whom were Christians, antinuclear activists, or involved with discriminated-against minorities.
  • The history of the war, or indeed any history, is indeed not what the Hiroshima spirit is about. This is why Auschwitz is the only comparison that is officially condoned. Anything else is too controversial, too much part of the “flow of history.”
  • “You see, this museum was not really intended to be a museum. It was built by survivors as a place of prayer for the victims and for world peace. Mankind must build a better world. That is why Hiroshima must persist. We must go back to the basic roots. We must think of human solidarity and world peace. Otherwise we just end up arguing about history.”
  • Only when a young Japanese history professor named Yoshimi Yoshiaki dug up a report in American archives in the 1980s did it become known that the Japanese had stored 15,000 tons of chemical weapons on and near the island and that a 200-kilogram container of mustard gas was buried under Hiroshima.
  • what was the largest toxic gas factory in the Japanese Empire. More than 5,000 people worked there during the war, many of them women and schoolchildren. About 1,600 died of exposure to hydrocyanic acid gas, nausea gas, and lewisite. Some were damaged for life. Official Chinese sources claim that more than 80,000 Chinese fell victim to gases produced at the factory. The army was so secretive about the place that the island simply disappeared from Japanese maps.
  • in 1988, through the efforts of survivors, the small museum was built, “to pass on,” in the words of the museum guide, “the historical truth to future generations.”
  • Surviving workers from the factory, many of whom suffered from chronic lung diseases, asked for official recognition of their plight in the 1950s. But the government turned them down. If the government had compensated the workers, it would have been an official admission that the Japanese Army had engaged in an illegal enterprise. When a brief mention of chemical warfare crept into Japanese school textbooks, the Ministry of Education swiftly took it out.
  • I asked him about the purpose of the museum. He said: “Before shouting ‘no more war,’ I want people to see what it was really like. To simply look at the past from the point of view of the victim is to encourage hatred.”
  • “Look,” he said, “when you fight another man, and hit him and kick him, he will hit and kick back. One side will win. How will this be remembered? Do we recall that we were kicked, or that we started the kicking ourselves? Without considering this question, we cannot have peace.”
  • The fact that Japanese had buried poison gas under Hiroshima did not lessen the horror of the A-bomb. But it put Peace Park, with all its shrines, in a more historical perspective. It took the past away from God and put it in the fallible hands of man.
  • What did he think of the Peace Museum in Hiroshima? “At the Hiroshima museum it is easy to feel victimized,” he said. “But we must realize that we were aggressors too. We were educated to fight for our country. We made toxic gas for our country. We lived to fight the war. To win the war was our only goal.”
  • Nanking, as the capital of the Nationalist government, was the greatest prize in the attempted conquest of China. Its fall was greeted in Japan with banner headlines and nationwide celebration. For six weeks Japanese Army officers allowed their men to run amok. The figures are imprecise, but tens of thousands, perhaps hundreds of thousands (the Chinese say 300,000) of Chinese soldiers and civilians, many of them refugees from other towns, were killed. And thousands of women between the ages of about nine and seventy-five were raped, mutilated, and often murdered.
  • Was it a deliberate policy to terrorize the Chinese into submission? The complicity of the officers suggests there was something to this. But it might also have been a kind of payoff to the Japanese troops for slogging through China in the freezing winter without decent pay or rations. Or was it largely a matter of a peasant army running out of control? Or just the inevitable consequence of war, as many Japanese maintain?
  • inevitable cruelty of war. An atrocity is a willful act of criminal brutality, an act that violates the law as well as any code of human decency. It isn’t that the Japanese lack such codes or are morally incapable of grasping the concept. But “atrocity,” like “human rights,” is part of a modern terminology which came from the West, along with “feminism,” say, or “war crimes.” To right-wing nationalists it has a leftist ring, something subversive, something almost anti-Japanese.
  • During the Tokyo War Crimes Tribunal, Nanking had the same resonance as Auschwitz had in Nuremberg. And being a symbol, the Nanking Massacre is as vulnerable to mythology and manipulation as Auschwitz and Hiroshima.
  • Mori’s attitude also raises doubts about Ruth Benedict’s distinction between Christian “guilt culture” and Confucian “shame culture.”
  • In her opinion, a “society that inculcates absolute standards of morality and relies on man’s developing a conscience is a guilt culture by definition …” But in “a culture where shame is a major sanction, people are chagrined about acts which we expect people to feel guilty about.” However, this “chagrin cannot be relieved, as guilt can be, by confession and atonement …”
  • memory was admitted at all, the Mitscherlichs wrote about Germans in the 1950s, “it was only in order to balance one’s own guilt against that of others. Many horrors had been unavoidable, it was claimed, because they had been dictated by crimes committed by the adversary.” This was precisely what many Japanese claimed, and still do claim. And it is why Mori insists on making his pupils view the past from the perspective of the aggressors.
  • Two young Japanese officers, Lieutenant N. and Lieutenant M., were on their way to Nanking and decided to test their swordsmanship: the first to cut off one hundred Chinese heads would be the winner. And thus they slashed their way through Chinese ranks, taking scalps in true samurai style. Lieutenant M. got 106, and Lieutenant N. bagged 105.
  • The story made a snappy headline in a major Tokyo newspaper: “Who Will Get There First! Two Lieutenants Already Claimed 80.” In the Nanking museum is a newspaper photograph of the two friends, glowing with youthful high spirits. Lieutenant N. boasted in the report that he had cut the necks off 56 men without even denting the blade of his ancestral sword.
  • I was told by a Japanese veteran who had fought in Nanking that such stories were commonly made up or at least exaggerated by Japanese reporters, who were ordered to entertain the home front with tales of heroism.
  • Honda Katsuichi, a famous Asahi Shimbun reporter, was told the story in Nanking. He wrote it up in a series of articles, later collected in a book entitled A Journey to China, published in 1981.
  • the whole thing developed into the Nankin Ronso, or Nanking Debate. In 1984, an anti-Honda book came out, by Tanaka Masaaki, entitled The Fabrication of the “Nanking Massacre.”
  • back in Japan, Lieutenant M. began to revise his story. Speaking at his old high school, he said that in fact he had beheaded only four or five men in actual combat. As for the rest … “After we occupied the city, I stood facing a ditch, and told the Chinese prisoners to step forward. Since Chinese soldiers are stupid, they shuffled over to the ditch, one by one, and I cleanly cut off their heads.”
  • The nationalist intellectuals are called goyo gakusha by their critics. It is a difficult term to translate, but the implied meaning is “official scholars,” who do the government’s bidding.
  • the debate on the Japanese war is conducted almost entirely outside Japanese universities, by journalists, amateur historians, political columnists, civil rights activists, and so forth. This means that the zanier theories of the likes of Tanaka…
  • The other reason was that modern history was not considered academically respectable. It was too fluid, too political, too controversial. Until 1955, there was not one modern historian on the staff of Tokyo University. History stopped around the middle of the nineteenth century. And even now, modern…
  • In any case, so the argument invariably ends, Hiroshima, having been planned in cold blood, was a far worse crime. “Unlike in Europe or China,” writes Tanaka, “you won’t find one instance of planned, systematic murder in the entire history of Japan.” This is because the Japanese…
  • One reason is that there are very few modern historians in Japan. Until the end of the war, it would have been dangerously subversive, even blasphemous, for a critical scholar to write about modern…
  • they have considerable influence on public opinion, as television commentators, lecturers, and contributors to popular magazines. Virtually none of them are professional historians.
  • Tanaka and others have pointed out that it is physically impossible for one man to cut off a hundred heads with one blade, and that for the same reason Japanese troops could never have…
  • Besides, wrote Tanaka, none of the Japanese newspapers reported any massacre at the time, so why did it suddenly come up…
  • He admits that a few innocent people got killed in the cross fire, but these deaths were incidental. Some soldiers were doubtless a bit rough, but…
  • even he defends an argument that all the apologists make too: “On the battlefield men face the ultimate extremes of human existence, life or death. Extreme conduct, although still ethically…
  • atrocities carried out far from the battlefield dangers and imperatives and according to a rational plan were acts of evil barbarism. The Auschwitz gas chambers of our ‘ally’ Germany and the atomic bombing of our…
  • The point that it was not systematic was made by leftist opponents of the official scholars too. The historian Ienaga Saburo, for example, wrote that the Nanking Massacre, whose scale and horror he does not deny, “may have been a reaction to the fierce Chinese resistance after the Shanghai fighting.” Ienaga’s…
  • The nationalist right takes the opposite view. To restore the true identity of Japan, the emperor must be reinstated as a religious head of state, and Article Nine must be revised to make Japan a legitimate military power again. For this reason, the Nanking Massacre, or any other example of extreme Japanese aggression, has to be ignored, softened, or denied.
  • the question remains whether the raping and killing of thousands of women, and the massacre of thousands, perhaps hundreds of thousands, of other unarmed people, in the course of six weeks, can still be called extreme conduct in the heat of battle. The question is pertinent, particularly when such extreme violence is justified by an ideology which teaches the aggressors that killing an inferior race is in accordance with the will of their divine emperor.
  • The politics behind the symbol are so divided and so deeply entrenched that it hinders a rational historical debate about what actually happened in 1937. The more one side insists on Japanese guilt, the more the other insists on denying it.
  • The Nanking Massacre, for leftists and many liberals too, is the main symbol of Japanese militarism, supported by the imperial (and imperialist) cult. Which is why it is a keystone of postwar pacifism. Article Nine of the constitution is necessary to avoid another Nanking Massacre.
  • The Japanese, he said, should see their history through their own eyes, for “if we rely on the information of aliens and alien countries, who use history for the sake of propaganda, then we are in danger of losing the sense of our own history.” Yet another variation of seeing history through the eyes of identity.
  • their emotions were often quite at odds with the idea of “shame culture” versus “guilt culture.” Even where the word for shame, hazukashii, was used, its meaning was impossible to distinguish from the Western notion of guilt.
  • wasn’t so bad in itself. But then they killed them. You see, rape was against military regulations, so we had to destroy the evidence. While the women were fucked, they were considered human, but when we killed them, they were just pigs. We felt no shame about it, no guilt. If we had, we couldn’t have done it.
  • “Whenever we would enter a village, the first thing we’d do was steal food, then we’d take the women and rape them, and finally we’d kill all the men, women, and children to make sure they couldn’t slip away and tell the Chinese troops where we were. Otherwise we wouldn’t have been able to sleep at night.”
  • Clearly, then, the Nanking Massacre had been the culmination of countless massacres on a smaller scale. But it had been mass murder without a genocidal ideology. It was barbaric, but to Azuma and his comrades, barbarism was part of war.
  • “Sexual desire is human,” he said. “Since I suffered from a venereal disease, I never actually did it with Chinese women. But I did peep at their private parts. We’d always order them to drop their trousers. They never wore any underwear, you know. But the others did it with any woman that crossed our path.
  • He did have friends, however, who took part in the killings. One of them, Masuda Rokusuke, killed five hundred men by the Yangtze River with his machine gun. Azuma visited his friend in the hospital just before he died in the late 1980s. Masuda was worried about going to hell. Azuma tried to reassure him that he was only following orders. But Masuda remained convinced that he was going to hell.
  • “One of the worst moments I can remember was the killing of an old man and his grandson. The child was bayoneted and the grandfather started to suck the boy’s blood, as though to conserve his grandson’s life a bit longer. We watched a while and then killed both. Again, I felt no guilt, but I was bothered by this kind of thing. I felt confused. So I decided to keep a diary. I thought it might help me think straight.”
  • What about his old comrades? I asked. How did they discuss the war? “Oh,” said Azuma, “we wouldn’t talk about it much. When we did, it was to justify it. The Chinese resisted us, so we had to do what we did, and so on. None of us felt any remorse. And I include myself.”
  • got more and more agitated. “They turned the emperor into a living god, a false idol, like the Ayatollah in Iran or like Kim II Sung. Because we believed in the divine emperor, we were prepared to do anything, anything at all, kill, rape, anything. But I know he fucked his wife every night, just like we do …” He paused and lowered his voice. “But you know we cannot say this in Japan, even today. It is impossible in this country to tell the truth.”
  • My first instinct was to applaud West German education. Things had come a long way since 1968. There had been no school classes at Nuremberg, or even at the Auschwitz trial in Frankfurt from 1963 till 1965. Good for the teacher, I thought. Let them hear what was done. But I began to have doubts.
  • Just as belief belongs in church, surely history education belongs in school. When the court of law is used for history lessons, then the risk of show trials cannot be far off. It may be that show trials can be good politics—though I have my doubts about this too. But good politics don’t necessarily serve the truth.
  • There is a story about the young Richard when he was in Nuremberg at the time of the war crimes trials. He is said to have turned to a friend and to have remarked, in his best Wehrmacht officer style, that they should storm the court and release the prisoners. The friend, rather astonished, asked why on earth they should do such a thing. “So that we can try them ourselves” was Weiszäcker’s alleged response.
  • There was also concern that international law might not apply to many of the alleged crimes. If revenge was the point, why drag the law into it? Why not take a political decision to punish? This was what Becker, in his office, called the Italian solution: “You kill as many people as you can in the first six weeks, and then you forget about it: not very legal, but for the purposes of purification, well …”
  • Becker was not against holding trials as such. But he believed that existing German laws should have been applied, instead of retroactive laws about crimes against peace (preparing, planning, or waging an aggressive war).
  • It was to avoid a travesty of the legal process that the British had been in favor of simply executing the Nazi leaders without a trial. The British were afraid that a long trial might change public opinion. The trial, in the words of one British diplomat, might be seen as a “put-up job.”
  • The question is how to achieve justice without distorting the law, and how to stage a trial by victors over the vanquished without distorting history. A possibility would have been to make victors’ justice explicit, by letting military courts try the former enemies.
  • This would have avoided much hypocrisy and done less damage to the due process of law in civilian life. But if the intention was to teach Germans a history lesson, a military court would have run into the same problems as a civilian one.
  • Due process or revenge. This problem had preoccupied the ancient Greek tragedians. To break the cycle of vendetta, Orestes had to be tried by the Athens court for the murder of his mother. Without a formal trial, the vengeful Furies would continue to haunt the living.
  • The aspect of revenge might have been avoided had the trial been held by German judges. There was a precedent for this, but it was not a happy one. German courts had been allowed to try alleged war criminals after World War I. Despite strong evidence against them, virtually all were acquitted, and the foreign delegates were abused by local mobs. Besides, Wetzka was right: German judges had collaborated with the Nazi regime; they could hardly be expected to be impartial. So it was left to the victors to see that justice was done.
  • When the American chief prosecutor in Nuremberg, Robert H. Jackson, was asked by the British judge, Lord Justice Lawrence, what he thought the purpose of the trials should be, Jackson answered that they were to prove to the world that the German conduct of the war had been unjustified and illegal, and to demonstrate to the German people that this conduct deserved severe punishment and to prepare them for
  • What becomes clear from this kind of language is that law, politics, and religion became confused: Nuremberg became a morality play, in which Göring, Kaltenbrunner, Keitel, and the others were cast in the leading roles. It was a play that claimed to deliver justice, truth, and the defeat of evil.
  • The Nuremberg trials were to be a history lesson, then, as well as a symbolic punishment of the German people—a moral history lesson cloaked in all the ceremonial trappings of due legal process. They were the closest that man, or at least the men belonging to the victorious powers, could come to dispensing divine justice. This was certainly the way some German writers felt about it. Some welcomed it
  • We now have this law on our books, the prosecutor said: “It will be used against the German aggressor this time. But the four powers, who are conducting this trial in the name of twenty-three nations, know this law and declare: Tomorrow we shall be judged before history by the same yardstick by which we judge these defendants today.”
  • “We had seen through the amorality of the Nazis, and wanted to rid ourselves of it. It was from the moral seriousness of the American prosecution that we wished to learn sensible political thinking. “And we did learn. “And we allowed ourselves to apply this thinking to the present time. For example, we will use it now to take quite literally the morality of those American prosecutors. Oradour and Lidice—today they are cities in South Vietnam” (Italics in the original text.)
  • The play ends with a statement by the American prosecutor on crimes against peace
  • (It was decided in 1979, after the shock of the Holocaust TV series, to abolish the statute of limitations for crimes against humanity.)
  • after Nuremberg, most Germans were tired of war crimes. And until the mid-1950s German courts were permitted to deal only with crimes committed by Germans against other Germans. It took the bracing example of the Eichmann trial in Jerusalem to jolt German complacency—that, and the fact that crimes committed before 1946 would no longer be subject to prosecution after 1965.
  • Trying the vanquished for conventional war crimes was never convincing, since the victors could be accused of the same. Tu quoque could be invoked, in private if not in the Nuremberg court, when memories of Dresden and Soviet atrocities were still fresh. But Auschwitz had no equivalent. That was part of another war, or, better, it was not really a war at all; it was mass murder pure and simple, not for reasons of strategy or tactics, but of ideology alone.
  • Whether you are a conservative who wants Germany to be a “normal” nation or a liberal/leftist engaging in the “labor of mourning,” the key event of World War II is Auschwitz, not the Blitzkrieg, not Dresden, not even the war on the eastern front. This was the one history lesson of Nuremberg that stuck. As Hellmut Becker said, despite his skepticism about Nuremberg: “It was most important that the German population realized that crimes against humanity had taken place and that during the trials it became clear how they had taken place.”
  • In his famous essay on German guilt, Die Schuldfrage (The Question of German Guilt), written in 1946, Karl Jaspers distinguished four categories of guilt: criminal guilt, for breaking the law; political guilt, for being part of a criminal political system; moral guilt, for personal acts of criminal behavior; and metaphysical guilt, for failing in one’s responsibility to maintain the standards of civilized humanity. Obviously these categories overlap.
  • The great advantage, in his view, of a war crimes trial was its limitation. By allowing the accused to defend themselves with arguments, by laying down the rules of due process, the victors limited their own powers.
  • In any event, the trial distanced the German people even further from their former leaders. It was a comfortable distance, and few people had any desire to bridge it. This might be why the Nazi leaders are hardly ever featured in German plays, films, or novels.
  • And: “For us Germans this trial has the advantage that it distinguishes between the particular crimes of the leaders and that it does not condemn the Germans collectively.”
  • Serious conservative intellectuals, such as Hermann Lübbe, argued that too many accusations would have blocked West Germany’s way to becoming a stable, prosperous society. Not that Lübbe was an apologist for the Third Reich. Far from it: the legitimacy of the Federal Republic, in his opinion, lay in its complete rejection of the Nazi state.
  • their reaction was often one of indignation. “Why me?” they would say. “I just did my duty. I just followed orders like every decent German. Why must I be punished?”
  • “that these criminals were so like all of us at any point between 1918 and 1945 that we were interchangeable, and that particular circumstances caused them to take a different course, which resulted in this trial, these matters could not be properly discussed in the courtroom.” The terrible acts of individuals are lifted from their historical context. History is reduced to criminal pathology and legal argument.
  • they will not do as history lessons, nor do they bring us closer to that elusive thing that Walser seeks, a German identity.
  • The GDR had its own ways of using courts of law to deal with the Nazi past. They were in many respects the opposite of West German ways. The targets tended to be the very people that West German justice had ignored.
  • Thorough purges took place in the judiciary, the bureaucracy, and industry. About 200,000 people—four-fifths of the Nazi judges and prosecutors—lost their jobs. War crimes trials were held too; until 1947 by the Soviets, after that in German courts.
  • There were two more before 1957, and none after that. All in all, about 30,000 people had been tried and 500 executed. In the Federal Republic the number was about 91,000, and none were executed, as the death penalty was abolished by the 1949 constitution.
  • East German methods were both ruthless and expedient, and the official conclusion to the process was that the GDR no longer had to bear the burden of guilt. As state propaganda ceaselessly pointed out, the guilty were all in the West. There the fascists still sat as judges and ran the industries that produced the economic boom, the Wirtschaftswunder.
  • society. Although some of his critics, mostly on the old left, in both former Germanys, called him a grand inquisitor, few doubted the pastor’s good intentions. His arguments for trials were moral, judicial, and historical. He set out his views in a book entitled The Stasi Documents. Echoes of an earlier past rang through almost every page. “We can
  • Germany of the guilty, the people who felt betroffen by their own “inability to mourn,” the nation that staged the Auschwitz and Majdanek trials, that Germany was now said to stand in judgment over the other Germany—the Germany of the old antifascists, the Germany that had suffered under two dictatorships, the Germany of uniformed marches, goose-stepping drills, and a secret police network, vast beyond even the Gestapo’s dreams.
  • It is almost a form of subversion to defend a person who stands accused in court. So the idea of holding political and military leaders legally accountable for their actions was even stranger in Japan than it was in Germany. And yet, the shadows thrown by the Tokyo trial have been longer and darker in Japan than those of the Nuremberg trial in Germany.
  • never was—unlike, say, the railway station or the government ministry—a central institution of the modern Japanese state. The law was not a means to protect the people from arbitrary rule; it was, rather, a way for the state to exercise more control over the people. Even today, there are relatively few lawyers in Japan.
  • Japanese school textbooks are the product of so many compromises that they hardly reflect any opinion at all. As with all controversial matters in Japan, the more painful, the less said. In a standard history textbook for middle school students, published in the 1980s, mention of the Tokyo trial takes up less than half a page. All it says is that the trial…
  • As long as the British and the Americans continued to be oppressors in Asia, wrote a revisionist historian named Hasegawa Michiko, who was born in 1945, “confrontation with Japan was inevitable. We did not fight for Japan alone. Our aim was to fight a Greater East Asia War. For this reason the war between Japan and China and Japan’s oppression of…
  • West German textbooks describe the Nuremberg trial in far more detail. And they make a clear distinction between the retroactive law on crimes against peace and the…
  • Nationalist revisionists talk about “the Tokyo Trial View of History,” as though the conclusions of the tribunal had been nothing but rabid anti-Japanese propaganda. The tribunal has been called a lynch mob, and Japanese leftists are blamed for undermining the morale of generations of Japanese by passing on the Tokyo Trial View of History in school textbooks and liberal publications. The Tokyo Trial…
  • When Hellmut Becker said that few Germans wished to criticize the procedures of the Nuremberg trial because the criminality of the defendants was so plain to see, he was talking about crimes against humanity—more precisely, about the Holocaust. And it was…
  • The knowledge compiled by the doctors of Unit 731—of freezing experiments, injection of deadly diseases, vivisections, among other things—was considered so valuable by the Americans in 1945 that the doctors…
  • those aspects of the war that were most revolting and furthest removed from actual combat, such as the medical experiments on human guinea pigs (known as “logs”) carried out by Unit 731 in…
  • There never were any Japanese war crimes trials, nor is there a Japanese Ludwigsburg. This is partly because there was no exact equivalent of the Holocaust. Even though the behavior of Japanese troops was often barbarous, and the psychological consequences of State Shinto and emperor worship were frequently as hysterical as Nazism, Japanese atrocities were part of a…
  • This difference between (West) German and Japanese textbooks is not just a matter of detail; it shows a gap in perception. To the Japanese, crimes against humanity are not associated with an equivalent to the…
  • on what grounds would Japanese courts have prosecuted their own former leaders? Hata’s answer: “For starting a war which they knew they would lose.” Hata used the example of General Galtieri and his colleagues in Argentina after losing the Falklands War. In short, they would have been tried for losing the war, and the intense suffering they inflicted on their own people. This is as though German courts in 1918 had put General Hindenburg or General Ludendorff on trial.
  • it shows yet again the fundamental difference between the Japanese war, in memory and, I should say, in fact, and the German experience. The Germans fought a war too, but the one for which they tried their own people, the Bogers and the Schwammbergers, was a war they could not lose, unless defeat meant that some of the enemies survived.
  • Just as German leftists did in the case of Nuremberg, Kobayashi used the trial to turn the tables against the judges. But not necessarily to mitigate Japanese guilt. Rather, it was his intention to show how the victors had betrayed the pacifism they themselves had imposed on Japan.
  • the Japanese left has a different view of the Tokyo trial than the revisionist right. It is comparable to the way the German left looks upon Nuremberg. This was perfectly, if somewhat long-windedly, expressed in Kobayashi Masaki’s documentary film Tokyo Trial, released in 1983. Kobayashi is anything but an apologist for the Japanese war. His most famous film, The Human Condition, released in 1959, took a highly critical view of the war.
  • Yoshimoto’s memory was both fair and devastating, for it pointed straight at the reason for the trial’s failure. The rigging of a political trial—the “absurd ritual”—undermined the value of that European idea of law.
  • Yoshimoto went on to say something no revisionist would ever mention: “I also remember my fresh sense of wonder at this first encounter with the European idea of law, which was so different from the summary justice in our Asiatic courts. Instead of getting your head chopped off without a proper trial, the accused were able to defend themselves, and the careful judgment appeared to follow a public procedure.”
  • Yoshimoto Takaaki, philosopher of the 1960s New Left. Yet he wrote in 1986 that “from our point of view as contemporaries and witnesses, the trial was partly plotted from the very start. It was an absurd ritual before slaughtering the sacrificial lamb.”
  • This, from all accounts, was the way it looked to most Japanese, even if they had little sympathy for most of the “lambs.” In 1948, after three years of American occupation censorship and boosterism, people listened to the radio broadcast of the verdicts with a sad but fatalist shrug: this is what you can expect when you lose the war.
  • Some of the information even surprised the defendants. General Itagaki Seishiro, a particularly ruthless figure, who was in command of prison camps in Southeast Asia and whose troops had massacred countless Chinese civilians, wrote in his diary: “I am learning of matters I had not known and recalling things I had forgotten.”
  • hindsight, one can only conclude that instead of helping the Japanese to understand and accept their past, the trial left them with an attitude of cynicism and resentment.
  • After it was over, the Nippon Times pointed out the flaws of the trial, but added that “the Japanese people must ponder over why it is that there has been such a discrepancy between what they thought and what the rest of the world accepted almost as common knowledge. This is at the root of the tragedy which Japan brought upon herself.”
  • Political trials produce politicized histories. This is what the revisionists mean when they talk about the Tokyo Trial View of History. And they are right, even if their own conclusions are not.
  • Frederick Mignone, one of the prosecutors, said a trifle histrionically that “in Japan and in the Orient in general, the trial is one of the most important phases of the occupation. It has received wide coverage in the Japanese press and revealed for the first time to millions of Japanese the scheming, duplicity, and insatiable desire for power of her entrenched militaristic leaders, writing a much-needed history of events which otherwise would not have been written.” It was indeed much-needed, since so little was known.
  • The president of the Tokyo tribunal, Sir William Webb, thought “the crimes of the German accused were far more heinous, varied and extensive than those of the Japanese accused.” Put in another way, nearly all the defendants at Nuremberg, convicted of crimes against peace, were also found guilty of crimes against humanity. But half the Japanese defendants received life sentences for political crimes only.
  • the question of responsibility is always a tricky affair in Japan, where formal responsibility is easier to identify than actual guilt. Not only were there many men, such as the hero of Kinoshita’s play, who took the blame for what their superiors had done—a common practice in Japan, in criminal gangs as well as in politics or business corporations—but the men at the top were often not at all in control of their unscrupulous subordinates.
  • “These men were not the hoodlums who were the powerful part of the group which stood before the tribunal at Nuremberg, dregs of a criminal environment, thoroughly schooled in the ways of crime and knowing no other methods but those of crime. These men were supposed to be the elite of the nation, the honest and trusted leaders to whom the fate of the nation had been confidently entrusted
  • many people were wrongly accused of the wrong things for the wrong reasons. This is why there was such sympathy in Japan for the men branded by foreigners as war criminals, particularly the so-called Class B and Class C criminals, the men who followed orders, or gave them at a lower level: field commanders, camp guards, and so on.
  • “The Japanese people are of the opinion that the actual goal of the war crimes tribunals was never realized, since the judgments were reached by the victors alone and had the character of revenge. The [Japanese] war criminal is not conscious of having committed a crime, for he regards his deeds as acts of war, committed out of patriotism.”
  • Yamashita Tomoyuki. Terrible atrocities were committed under his command in the Philippines. The sacking of Manila in 1945 was about as brutal as the Nanking Massacre. So to depict him in the movie as a peaceful gentleman, while portraying the American prosecutor in Manila as one of the main villains, might seem an odd way to view the past.
  • The Shrine ranks highest. It is the supreme symbol of authority, shouldered (like a shrine on festival days) by the Officials.
  • The political theorist Maruyama Masao called the prewar Japanese government a “system of irresponsibilities.” He identified three types of political personalities: the portable Shrine, the Official, and the Outlaw.
  • those who carry it, the Officials, are the ones with actual power. But the Officials—bureaucrats, politicians, admirals and generals—are often manipulated by the lowest-ranking Outlaws, the military mavericks, the hotheaded officers in the field, the mad nationalists, and other agents of violence.
  • But it was not entirely wrong, for the trial was rigged. Yamashita had no doubt been a tough soldier, but in this case he had been so far removed from the troops who ran amok in Manila that he could hardly have known what was going on. Yet the American prosecutor openly talked about his desire to hang “Japs.”
  • When the system spins out of control, as it did during the 1930s, events are forced by violent Outlaws, reacted to by nervous Officials, and justified by the sacred status of the Shrines.
  • Here we come to the nub of the problem, which the Tokyo trial refused to deal with, the role of the Shrine in whose name every single war crime was committed, Emperor Hirohito,
  • The historian Ienaga Saburo tells a story about a Japanese schoolchild in the 1930s who was squeamish about having to dissect a live frog. The teacher rapped him hard on the head with his knuckles and said: “Why are you crying about one lousy frog? When you grow up you’ll have to kill a hundred, two hundred Chinks.”
  • the lethal consequences of the emperor-worshipping system of irresponsibilities did emerge during the Tokyo trial. The savagery of Japanese troops was legitimized, if not driven, by an ideology that did not include a Final Solution but was as racialist as Hitler’s National Socialism. The Japanese were the Asian Herrenvolk, descended from the gods.
  • A veteran of the war in China said in a television interview that he was able to kill Chinese without qualms only because he didn’t regard them as human.
  • For to keep the emperor in place (he could at least have been made to resign), Hirohito’s past had to be freed from any blemish; the symbol had to be, so to speak, cleansed from what had been done in its name.
  • The same was true of the Japanese imperial institution, no matter who sat on the throne, a ruthless war criminal or a gentle marine biologist.
  • the chaplain at Sugamo prison, questioned Japanese camp commandants about their reasons for mistreating POWs. This is how he summed up their answers: “They had a belief that any enemy of the emperor could not be right, so the more brutally they treated their prisoners, the more loyal to their emperor they were being.”
  • The Mitscherlichs described Hitler as “an object on which Germans depended, to which they transferred responsibility, and he was thus an internal object. As such, he represented and revived the ideas of omnipotence that we all cherish about ourselves from infancy.
  • The fear after 1945 was that without the emperor Japan would be impossible to govern. In fact, MacArthur behaved like a traditional Japanese strongman (and was admired for doing so by many Japanese), using the imperial symbol to enhance his own power. As a result, he hurt the chances of a working Japanese democracy and seriously distorted history.
  • Aristides George Lazarus, the defense counsel of one of the generals on trial, was asked to arrange that “the military defendants, and their witnesses, would go out of their way during their testimony to include the fact that Hirohito was only a benign presence when military actions or programs were discussed at meetings that, by protocol, he had to attend.” No doubt the other counsel were given similar instructions. Only once during the trial
Javier E

Sohrab Ahmari and David French showed why conservatives feel threatened by the illibera... - 0 views

  • ven agenda-less Ahmari-ism galvanizes many social conservatives, especially younger ones. Ahmari highlights the thing they most fear: the relentless leftward shift of virtually every culturally powerful institution, increasingly including corporations. These social conservatives believe the left will use that cultural and economic power to proselytize their children for a sort of hypersexualized secular faith — and to cleanse the resisters from both the public square and the economic mainstream.
  • Those fears are often exaggerated, yet not utterly unfounded. If you’d told me 10 years ago that same-sex marriage meant evangelical Christian bakers might be legally required to cater gay weddings, I would have rolled my eyes at such hysterical conservative propaganda. Post-Obergefell v. Hodges, the default left-wing position seems to be that you cannot shun gay weddings and continue to own a bakery, or work as a tech CEO. 
  • Meanwhile, the American Civil Liberties Union went after Catholic hospitals for refusing to provide abortions, and companies have threatened to boycott states that sided with conservatives in the conflict between LGBTQ rights and religious liberty.
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  • For the center-right to hammer out a peace the religious right can live with, it needs a counterpart on the left that can stand up to its illiberal flanks and deliver a deal. Today, that portion of the center-left is small and quiet. The large remainder too often goes along with the illiberals — either loudly out of conviction or quietly out of fear.
  • If we procedural liberals can’t bring our left-wing counterparts to the negotiating table, the future of the right probably belongs to a muscular populism that can hold out hope for social conservatives. Even if it’s a false one.
nrashkind

Ageism Is Making the Coronavirus Pandemic Worse - The Atlantic - 0 views

  • Envision, for a moment, a world in which the rapidly spreading coronavirus is mostly infecting people under the age of 50
  • Imagine that the death toll is highest among children and that, as of today, the United States had reported more than 104,000 confirmed cases and at least 1,700 deaths, mostly among middle schoolers
  • If your imagined reaction differs from your current one, then we must ask some hard questions. Most crucial: Is the reality that elders are most likely to get ill and die from COVID-19 affecting the way countries—particularly the U.S.—are responding to the pandemic?
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  • I’m a geriatrician at UC San Francisco, whose medical center consistently ranks in the top 10 nationally and as the best on the West Coast
  • Our response to COVID-19 has been remarkable in its intensity and scope.
  • During my nearly 30-year medical career here, I’ve never witnessed anything like the system-wide mobilization I’ve seen in recent weeks. And yet some of what I’m seeing is also disturbing, especially because my geriatrics colleagues around the country say that elder-specific needs and medical science aren’t being adequately addressed at their centers either.
  • health-screening procedures for visitors were put into place at our children’s hospital at the start of March, while similar procedures weren’t implemented for our adult hospital until two weeks later.
  • Transgressions like these are minor in the face of global calamity
  • Let me be perfectly clear: I’m not witnessing the actions of malicious, underperforming people
  • On the contrary, UCSF leadership has been heroic and selfless, working around the clock to provide the best care possible to those with COVID-19 while protecting other patients and staff
  • Medical schools devote months to teaching students about child physiology and disease, and years to adults, but just weeks to elders; geriatrics doesn’t even appear on the menu of required training
  • Public responses to the coronavirus pandemic on social media have laid bare the not-so-subtle interplay between medical culture and American culture at large
Javier E

The Fake Freedom of American Health Care - The New York Times - 0 views

  • Republican leaders seem unfazed by this, perhaps because, in their minds, deciding not to have health care because it’s too expensive is an exercise of individual free will.
  • The idea is that buying health care is like buying anything else. The United States is home to some of the world’s best medical schools, doctors, research institutes and hospitals, and if you have the money for the coverage and procedures you want, you absolutely can get top-notch care.
  • This approach might result in extreme inequalities and it might be expensive, but it definitely buys you the best medical treatment anywhere. Such is the cost of freedom.
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  • In practice, though, this Republican notion is an awfully peculiar kind of freedom. It requires most Americans to spend not just money, but also time and energy agonizing over the bewildering logistics of coverage and treatment — confusing plans, exorbitant premiums and deductibles, exclusive networks, mysterious tests, outrageous drug prices.
  • I never had to worry whether I was covered. All Finns are covered for all essential medical care automatically, regardless of employment or income.
  • If you can’t afford it, not buying it is hardly a choice.
  • in Finland I never worried about where my medical care came from or whether I could afford it. I paid my income taxes — which, again despite the stereotypes, were about the same as what I pay in federal, state and local income taxes in New York City — and if I needed to see a doctor, I had several options.
  • And more often than not, individual choices are severely restricted by decisions made by employers, insurers, doctors, pharmaceutical companies and other private players. Those interest groups, not the consumer, decide which plans are available, what those plans cover, which doctors patients can see and how much it will cost.
  • Meanwhile, life expectancy at age 65 is higher in 24 other developed nations, including Canada, Britain and most European nations.
  • According to the latest report of the O.E.C.D. — an organization of mostly wealthy nations — the United States as a whole does not actually outshine other countries in the quality of care.
  • In fact, the United States has shorter life expectancy, higher infant mortality and fewer doctors per capita than most other developed countries.
  • When it comes to outcomes in some illnesses, including cancer, the United States does have some of the best survival rates in the world — but that’s barely ahead of, or even slightly behind, the equivalent survival rates in other developed countries.
  • the United States are South Korea, Israel, Australia, Sweden and Finland, all with some form of government-managed universal health care.
  • And when it comes to cervical cancer, American women are at a significant disadvantage: The United States comes in only 22nd
  • According to the Republican orthodoxy, government always takes away not only people’s freedom to choose their doctor, but also their doctor’s ability to choose the correct care for patients. People are at the mercy of bureaucrats. Waiting times are long. Quality of care is dismal.
  • Americans might still assume that long waits for care are inevitable in a health care system run by the government. But that’s not necessarily the case either.
  • A report in 2014 by the Commonwealth Fund, a private foundation specializing in health care research, ranked the United States third in the world in access to specialists. That’s a great achievement. But the Netherlands and Switzerland did better
  • When it comes to nonemergency and elective surgery, patients in several countries, including the Netherlands, Germany and Switzerland, all of which have universal, government-guided health care systems, have faster access than the United States.
  • in fact Americans who are getting a raw deal. Americans pay much more than people in other countries but do not get significantly better results.
  • The trouble with a free-market approach is that health care is an immensely complicated and expensive industry, in which the individual rarely has much actual market power
  • It is not like buying a consumer product, where choosing not to buy will not endanger one’s life. It’s also not like buying some other service tailored to individual demands, because for the most part we can’t predict our future health care needs.
  • The point of universal coverage is to pool risk, for the maximum benefit of the individual when he or she needs care
  • And the point of having the government manage this complicated service is not to take freedom away from the individual
  • The point is the opposite: to give people more freedom. Arranging health care is an overwhelming task, and having a specialized entity do the negotiating, regulating and perhaps even much of the providing is just vastly more efficient than forcing everyone to go it alone
  • What passes for an American health care system today certainly has not made me feel freer. Having to arrange so many aspects of care myself, while also having to navigate the ever-changing maze of plans, prices and the scarcity of appointments available with good doctors in my network, has thrown me, along with huge numbers of Americans, into a state of constant stress. And I haven’t even been seriously sick or injured yet.
  • As a United States citizen now, I wish Americans could experience the freedom of knowing that the health care system will always be there for us regardless of our employment status. I wish we were free to assume that our doctors get paid a salary to look after our best interests, not to profit by generating billable tests and procedures. I want the freedom to know that the system will automatically take me and my family in, without my having to battle for care in my moment of weakness and need. That is real freedom.
  • So is the freedom of knowing that none of it will bankrupt us. That is the freedom I had back in Finland.
  • It’s true that in countries with universal health care the cost of hiring a new employee can be significant, especially for a small employer. Yet these countries still have plenty of thriving businesses, with lower administrative burdens. It can be done.
  • in a nation that purports to champion freedom, the outdated disaster that is the United States health care system is taking that freedom away.
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