3. Monday, September 27, 2010

3. Monday, September 27, 2010 - RLG220 - Monday, September...

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RLG220 - Monday, September 27, 2010 - Arendt feels like the judges are doing what judges are supposed to do - there was no opportunity to bring in witnesses for the defense - “most people will comply, but some people will not” - you can’t expect people to step out of social and cultural context to be heroes (232) that cannot be required, but it can be done righteous vs. saints, good samaritan debate implying that it was basically the cooperation of people like Eichmann - you cannot prescribe to them a grand evil motive, but just cooperated Eichmann did not only simply comply, but he proposed programs - in a bureaucratic structure, you rise when you can not only follow orders, but imagine what can be done and propose innovative projects people cooperated because of personal ambition - Eichmann was a nobody and wanted to get somewhere if Eichmann had been born and raised in the nazi system, which was presenting itself as an alternative to religion, their ability to resist or not cooperate with it would be extraordinary Eichmann was an adult when the nazi party came to power - it was a question of internal conscience and the nazis clearly presented themselves as a radical innovation and he had a choice there were people who even resisted (stop talking to their family when he found out they were low- levels in the nazi party) when they were brought up under the nazi regime as a religion - were there any legal precedents? what law did this person break? there is no crime unless there has been a law that has been broken there couldn’t have been a precedent because this has been a crime that was unprecedented - how could there be a law against it if there was no precedent for it? if one understands that most laws arise out of cases, the decision in a case is going to be a basis for a new law - you need to have a case before you have a law the “crimes against humanity” and the “crimes of genocide” are unprecedented how do you try somebody if there hasn’t been a law? she argues it and says that this is to a certain extent what she refers to (246 - this is no ordinary crime) the law against piracy (pg 60) - the person on trial is considered hostis generis humani - a danger to humanity Eichmann was acting in the name of a criminal state - he was not only a subject of this criminal state,
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3. Monday, September 27, 2010 - RLG220 - Monday, September...

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