I'm surprised at how many otherwise thoughtful people seem convinced that this election "makes no difference." In my very first Nation column, I quoted Justice Antonin Scalia, who, during a 1997 visit to Columbia Law School, stated publicly that if Brown v. Board of Education came to him as a case of first impression, he would vote against the majority. Most of the federal judiciary are Reagan/Bush appointees. There are an unprecedented number of judicial openings right now because of the unprecedented blocking of Clinton appointees maneuvered by the Republican-controlled Judiciary Committee. A sense of urgency thus prompted me to cull an unscientific sampling of lawyers, writers and human rights activists--all of whom feel that this is an important election in which to make one's voice heard.
Charles Ogletree Jr., professor, Harvard Law School: "The most important election in recent memory will occur on November 7, 2000. George W. Bush, who favors Antonin Scalia and Clarence Thomas, and Al Gore, who favors someone in the mold of Thurgood Marshall and William Brennan, have radically different views of the next Supreme Court appointments. With Roe v. Wade, affirmative action and majority-minority districts at stake, there is no graver choice facing the nation than a progressive Gore Court or a reactionary Bush Court."
Reva Siegel, professor, Yale Law School: "Last term, the Court invalidated provisions of two different civil rights laws, holding that Congress lacked power to enact the antidiscrimination statutes--something the Court has not done since the nineteenth century. After these rulings, it is no longer clear how statutes like the Family and Medical Leave Act or the Pregnancy Discrimination Act can be enforced against state employers, or what kind of hate crimes legislation the Congress can enact. But more is at stake than the particular provisions of the Age Discrimination in Employment Act or the Violence Against Women Act, which the Court struck down last term, or the provisions of the Americans With Disabilities Act, which the Court is considering this term. The question is whether the Court continues to recognize and respect the federal government's power to prohibit discrimination as that power has been exercised by Congress in the decades since passage of the Civil Rights Act of 1964."
Richard Matasar, dean, New York Law School: "Judicial appointment is the stealth issue of every national election. While abortion and crime occupy the attention of the press, the judiciary can also carry on a quiet revolution in its allocation of authority between state and federal government. The Republican judiciary has already significantly shifted the distribution of power between governments; this election can break or solidify that shift."
Maivan Clech Lam, professor, City University of New York Law School at Queens College: "The Supreme Court's rulings on state and federal power are very likely in the next years to determine issues of sovereignty important to indigenous Hawaiians and possibly all tribes in general."
Bob Wing, editor, ColorLines: "The prospect of an entrenched reactionary Supreme Court majority is awful.... However, I wish that I was more confident that Al Gore, who is associated with the Democratic Leadership Council's center-right wing of the Democratic Party, would reverse that trend."
Peter Gabel, president, New College School of Law: "I'm not sharply critical of those who want to vote for Gore to protect the Court, but I do think they overestimate the Court's role as an active progressive power and fail to see its essential commitment to maintaining a center (whether center-right or center-left). It is movements in society that motivate the Court to move. A real left needs to do the opposite of defending the empty center, which is perpetually self-erasing and actually blocks the development of a progressive movement. Instead, we must try to emerge into public visibility--visibility to one another!--by voting for Ralph Nader."
Jill Nelson, writer: "I've been thinking that it's the height of the ever-growing class-based disconnect in this society for people who consider themselves left or progressive or liberal to run the 'I'm going to vote for Nader because there's no difference between Gore and Bush.' Rest assured, I'm not happy with any of 'em, but I'm very clear about the importance of Supreme Court appointments and for that reason will vote for the lesser evil, which is the real, disappointing, difficult nature, it seems, of democracy as we know it. The alternative is for me to delude myself that an abstract notion of principle trumps class privilege, which it doesn't. Sure, no matter who's on the Court, me and mine can have abortions and hire top attorneys and otherwise have the possibility of buying ourselves out of whatever mess we're in, but that's not enough. For me, democracy is fundamentally about community, and to paraphrase Reagan in that movie, what about the rest of us?"
Sydelle Pittas, attorney: "In the course of work on a television series I produced for the Women's Bar Association on 'Your Legal Rights,' I interviewed almost all of Massachusetts' sitting federal judges. From them I learned a few things that showed me how important it is to have Justices who understand the experiences of real women. Justices are human beings, and while they are impressive in how mightily they strive to find the law rather than make it, how they make those findings necessarily comes from their own understanding, based at least in some part on their experience."
Bill Ong Hing, professor of Law and Asian-American Studies, University of California, Davis: "People of color and other traditionally subordinated groups have few institutions upon which they can rely. Their skepticism of the judicial system's desire to respond to their plight has reached a new high point, as the Court molded by Nixon-Ford-Reagan-Bush (Carter made no appointments) has come to dominate the nation's jurisprudence.... Whether and to what extent, if any, the Supreme Court serves as an agent or ally of social change is debatable. But a progressive voice of a Supreme Court majority--open to the views and experiences of those who have been marginalized--would foster a culture (and hope) for change in other mainstream institutions."
New York City
The Nation acknowledges that military and civilian trials in Peru violate due process of law in terrorism cases, that thousands of innocent people have been convicted and that thousands remain in prison in Peru today after political trials. Presumably it agrees that DINCOTE, the Peruvian antiterrorism police responsible for those convictions, are about as restrained and trustworthy as the elite national police that served Pinochet in Chile, the military governments in Argentina and Guatemala in the seventies and eighties and similar other police states.
Why then did The Nation choose to use its resources and invest its credibility to challenge Lori Berenson's innocence by relying on what are allegedly DINCOTE documents [Jonathan Levi and Liz Mineo, "The Lori Berenson Papers," Sept. 4/11]? The Nation was told that Peru planned to nullify Lori's military tribunal conviction and sentence to life imprisonment on the basis of a petition she filed in December 1999, and that The Nation was being used by DINCOTE to support charges against Lori for a new show trial.
Jonathan Levi misleads his readers by implying that the Berensons and I questioned only the authenticity of the records. If he will listen to the tape he made of our interview, he will hear it was the reliability of the papers, not merely their authenticity, that we challenged. We told The Nation that DINCOTE leaked the papers, "never before seen by the public but obtained by The Nation," precisely to spread false information about Lori in its pages, which reach so many of Lori's supporters, at the very time Peru would nullify Lori's military trial and begin yet another propaganda campaign against her in a new show trial in civilian courts, a trial that is itself illegal and not capable of fairness. The military tribunal, after a nine-month delay, nullified Lori's conviction and began the new proceedings just as the Nation cover story with its picture of Lori was being distributed.
The article accepts as gospel the false DINCOTE allegations of fact even where Lori has had the rare opportunity to state the opposite. The article refers repeatedly to Lori's "testimony," "deposition," "transcripts," suggesting there exist exact verifiable statements by Lori. But there are no transcripts, depositions or verbatim testimony, there is only what Levi claims a DINCOTE file they will not disclose contains. Who believes DINCOTE? Nor is it accurate to say that the papers "shed new light." All the false claims about Lori have been leaked to the press and printed repeatedly.
Levi has refused to permit the Berensons, or me, to see the papers he has. This places him in the same position as DINCOTE, which he concedes refused to provide copies of the documents "even to her lawyers," and in the same position as the Fujimori government, which has refused to provide any documents to the Berensons, Lori's counsel or the Inter-American Commission on Human Rights. Levi said he is "especially afraid with the trial coming up" to provide Lori a copy of the documents, because that would "have us working for the defense." Incredible. He is working for DINCOTE. He claims to have "sources intimately familiar with [its] workings." We ask only for a copy of the false papers with which Levi challenges Lori's innocence, not the source for the papers.
Aside from the moral outrage of promoting DINCOTE propaganda, the Nation article is patently cheap and demeaning to Lori Berenson. In a single sentence, asserting how "most ordinary Peruvians" feel about Lori, Levi writes that she "is a Beauty who slouches...toward Latin America, only to turn into a terrorist Beast, eyes wide open." Why the triple play on a fairy tale, a Didion book title and a prurient movie? Why the repeated references and allusions to sex? Above all, why is Levi, who has never met Lori, compelled to deny the possibility that she acted from inner qualities of goodness, even greatness, as he observes heroines in "classical tragedy" to do? Instead, he argues that she is doing the reverse: "She seems to be translating her fall into a theatrical grandeur." Lori has spent nearly five years in life-threatening prison conditions without a trial by any civilized standard on false charges in complete isolation, where any effort at "theatrical grandeur" can be seen by no one. All while the controlled press in Peru demonize her daily and The Nation serves DINCOTE's cause here in the United States.
Levi seems to know little about Peru, or Lori's case, except what DINCOTE and people within its sphere of influence told him. Lori's Peruvian lawyer in the military trial, who has not represented her for years, despite Levi's assertion that he still does, "although he is not as active as he once was," was never present during her nearly nine days of intense interrogation and sleep deprivation when Lori was alone in the tender hands of DINCOTE. On the day the statement DINCOTE prepared was given to her to sign, he saw Lori for the first time but was never able to talk with her in private before, during or thereafter. From time to time he has made statements harmful to Lori for whatever reason, which Levi joins the Peruvian press in repeating with glee.
The utter emptiness of the effort to support some level of guilt is found in Levi's repeated references to the one exposure to the Peruvian press just before her sentencing that was forced on Lori, in which she courageously and angrily spoke with passion about her concerns for the poor and about the absence of social justice in Peru. She also expressed the opinion that the MRTA is a revolutionary movement, not a terrorist group. Can the expression of a single opinion in less than twenty words be a crime? Levi thinks so. He refers to the "contempt in that face" from the film clips, although he has never seen her face. Lori was very angry for good reasons. Peru claims her words are the crime translated as "apology." It carries a lengthy prison term. Levi distinguishes the fate of an Italian woman who was convicted like Lori--but according to them on "more hard evidence"--and who was released after seventeen months, based on her claim of innocence, but Lori has always insisted she was innocent. Apparently he never saw the film clips of the Italian woman, who appeared far more agitated than Lori.
Levi called the Berensons to congratulate them when they heard Lori would get a new trial. But surely even he knows such a trial will not be fair. We can ignore the outrageous and repetitious claims of DINCOTE against Lori carried in The Nation. They are false. Lori will tell the truth if she is forced into a public show trial, and the truth will keep her free in spirit and someday make her free in body.
It is more difficult to ignore the role of The Nation in using its pages to support false DINCOTE propaganda planted to poison US opinion about Lori. A majority of Congress has demanded Lori's release from prison because Lori's parents, despite all the propaganda from Peru and the "Washington Peru policy," have persuaded them Lori is innocent. The Nation has not helped truth find its way out.
Perhaps the Nation Institute will now investigate how this happened.
LEVI & MINEO REPLY
New York City; Cambridge, Mass.
It's sad to watch such a historic defender of human rights as former Attorney General Ramsey Clark so willfully misread our report on his client, Lori Berenson. This misreading starts even before our story begins. Throughout his letter Clark attributes the article solely to Jonathan Levi. In fact, the byline was shared by Levi and Liz Mineo. Clark writes: "Levi seems to know little about Peru or Lori's case." Mineo, a full partner in the research and writing of the piece, was not only born in Lima but lived there for more than thirty-five years and worked (as her bio indicated) as an investigative reporter for a variety of newspapers and magazines, including El Comercio, a newspaper that the Berensons have lauded for its fair coverage of their daughter's case.
Clark makes some strong claims about our journalistic integrity and the motivations behind our story, but he fails to provide any evidence to support them. We reported in the article that Berenson's own lawyer in Peru, Grimaldo Achahui, signed the DINCOTE record of her interrogation and later confirmed its authenticity. Clark attempts to disparage Achahui by declaring that he "has not represented [Lori] for years" and that "he has made statements harmful to Lori." In fact, his last action on her behalf was filing Berenson's appeal to the Inter-American Court of Human Rights in 1999, and as recently as August the Berensons themselves referred to Achahui as Lori's Peruvian lawyer. The only statements of his that we repeat pertain to his verification of Lori's testimony to DINCOTE and his opinion that her sentence was unfair.
Clark writes, "The article accepts as gospel the false DINCOTE allegations of fact...." Perhaps Clark missed the following sentence: "The story that emerges from the documents is one of unusually hasty police surveillance, negligent interrogation and reckless reliance on one witness whose testimony was neither challenged nor corroborated. The documents give a crude demonstration of how hyperinflation can be applied to a police charge, raising Berenson, in its final pages, from the obscurity of a minor suspect to the limelight of a major leader of the MRTA." Our aim was to examine all received truths about the case. To that end, we conducted interviews with dozens of people in Peru, including former and current members of DINCOTE as well as former and current members of the MRTA and educated observers within the diplomatic and business community. Nowhere did we represent the DINCOTE documents as the record of a fair and balanced judicial process. Although we described discrepancies between Berenson's story as it appears in the documents and other available evidence, we also clearly showed grave inconsistencies in the government's case against her.
It is Clark who displays a striking ignorance of Fujimori's Peru. Although anti-regime journalists (including Mineo and many of her former colleagues) have been harassed and threatened by the government, they continue to operate with vigor. Like journalists everywhere, they routinely use anonymous government sources in their work. We came upon the documents in question through sources within DINCOTE who, in our judgment and that of other independent journalists in Peru, were reliable.
Moreover, contrary to Clark's implication, our article, which was published five days before the announcement that the military charges against Berenson had been dismissed, fairly represented the Berensons' fear that their daughter would be retried in civilian court on the charge of collaboration with terrorism, which carries a sentence of twenty years. (She had previously received a life sentence for "treason against the fatherland and conspiracy to overthrow Congress.")
Clark seems most angry that, after our article appeared, we would not show him the documents. An associate of Clark's asked for the documents on a Monday because Lori was due to be examined by the civilian judge on Wednesday. Once the new legal process had begun, we would have risked compromising our credibility as journalists by showing Clark or his associates the documents. We believe that the Peruvian court was wrong to withhold these documents from Berenson and her attorneys. But one does not have to be a lawyer to understand the difference between a judge and a journalist.
In Clark's view, since we were not willing to work for him and the Berensons, we must be working for DINCOTE. It is a charge that is beneath Clark, a veteran of the struggle during the dark cold war days of this country, when loyalty was painted red or white, and if you weren't on our side you were on theirs. Although we feel great sympathy for Mark and Rhoda Berenson and can only hope that our parents might fight so tirelessly and energetically if we found ourselves in Lori's position, we react with an appalled sadness to Clark's slander.
THE EDITORS REPLY
We stand by Jonathan Levi and Liz Mineo's careful reporting for this magazine on the Lori Berenson case. We also share Ramsey Clark's belief that justice is not possible for Berenson in Peru and that she should be released, a view we expressed in an editorial accompanying Levi and Mineo's article and another just after her new civilian trial was announced. The only "truth" we presumed to reveal was that the investigation of her case, her trial and conviction were deeply unfair and the government's evidence against her hopelessly tainted. Therefore, our recommendation was not for her case to be reopened but for human rights advocates to step up pressure on the regime to free her and all those unjustly convicted of terrorism in Peru.
I read with interest the timely report on Lori Berenson, which coincided with the Peruvian government's decision to grant her a retrial. This decision, welcome as it may be by human rights activists and the Berenson family and friends, is, however, seen by large sectors of the Peruvian public as a cynical attempt by a beleaguered government nationally and internationally perceived as illegitimate to improve its relations with the United States. While it makes sense for Berenson's family and well-wishers to portray her at best as totally innocent and at worst as a useful idiot, the documentation provided by The Nation points to a much more conscious collaboration with a guerrilla group intent on forcibly deposing a foreign government. In the United States too, long sentences have been imposed on foreigners convicted of aiding in the planning and/or perpetration of acts of terrorism. The World Trade Center case comes to mind.
As a Peruvian, I find the methods used by my government against the guerrillas excessive and often more criminal than the groups it was fighting. The time has come to re-evaluate many of those actions, in both the military and the legal realms. As scandalous as the lack of due process that led to Berenson's incarceration was, it would be equally scandalous for her to be set free simply because she is a well-represented American at a time when freeing her becomes expedient to the Peruvian and US governments, while hundreds or thousands of others remain indefinitely in jail, sentenced under similar conditions and including the truly innocent.
New York City
That Lori Berenson was denied fair jurisprudence and that our government has not secured her release are both clear. But Jonathan Levi and Liz Mineo's attempts to paint a personal portrait of Lori Berenson (through evidence that may have been completely fabricated or through her "militant" attitude during her press statement, where she was instructed to yell to be heard) miss the point. In an instance of gross human and civil rights violations, it is entirely inappropriate to look for kernels of rationale based on the victim's behavior. That Lori is innocent isn't even the issue here--would you deem it appropriate to examine the behavior of a Jewish storekeeper in Nazi-era Germany in order to find a shred of justification in his subsequent gassing at Auschwitz? Lori's imprisonment, her health problems and the outrageous treatment she has suffered by the Peruvian courts are the issues. I don't care if she's a country club Republican or an Uzi-toting terrorist's moll. She's a human being and an American, and she must come home.
However varied their styles, poets writing in English today still rely on the early-twentieth-century Imagist principles of clarity, directness, presentative imagery and rhythm based on cadences. Although Imagism, revolutionary in its time, gathered force from several classical traditions, Chinese poetry was at the forefront.
Now, Crossing the Yellow River shows anew the vitality of classic Chinese poetry. Sam Hamill's collected translations contains beautiful versions by more than sixty poets, from the Shih Ching, or "Classic of Poetry" (10th century-600 BCE) through the eighth-century masters, Tu Fu, Li Po and Wang Wei, to the sixteenth-century poet Wang Yang-ming.
As W.S. Merwin writes in his elegant introduction, Hamill's translations stand in a long tradition of modern versions of classic Chinese poetry, notably Arthur Waley's 170 Chinese Poems of 1918. Merwin adds: "Sam Hamill's work, like Waley's, represents a lifetime's devotion to the classic originals, which survived in a long, subtle, intricate current."
Earlier than Waley's work, Ezra Pound's slim book Cathay (1915) was a landmark in poetry as well as in translation from the Chinese. Pound's contemporaries valued the tactile images and the musical freedom based on the concurrence of sounds rather than on rhyme and fixed stress counts. Still, his versions were marred by inaccuracies (such as referring to the "River Kiang" as though the river had a name, when actually the word kiang means river). "The Chinese Written Character as a Medium for Poetry," an essay written by Ernest Fenollossa and edited by Pound, introduced a new poetic method in which clusters of images and ideas (similar to what is conveyed in Chinese written characters) would take the place of the old logic and sequence of European poetics.
Following Pound's directness and musical freedom, Hamill returns to form, but in a far more natural way than did Pound's Georgian predecessors. For example, in translating the work of Tu Fu (712-770) Hamill observes the couplet that follows syntactical parallelism, as in "The palace walls will divide us/and clouds will bury the hills" ("Taking Leave of Two Officials"). Rightly the tone supersedes regularity of meter and rhyme, but in his
approximation of original forms he uses assonance, consonance and near-rhyme. (Caveat: I can compare English versions but since I do not read Chinese, I must rely on intuition, as well as the work of scholars elsewhere.)
The poems are radiant. "Taking Leave of a Friend," by Li Po (701-762), reads in its entirety:
Green mountains rise to the north;
white water rolls past the eastern city.
Once it has been uprooted,
the tumbleweed travels forever.
Drifting clouds like a wanderer's mind;
sunset, like the heart of your old friend.
We turn, pause, look back and wave.
Even our ponies look back and whine.
Li Po evokes the torment of emotional ambivalence with startling truth. The first two couplets contain natural images in motion, capturing the wanderer's intention: mountains that rise, water that rolls, tumbleweed that travels. The second set of couplets present images of fixity that also imply mortality. He is compelled to roam and he is attached--as are we all.
Here is the title poem of this collection, "Crossing the Yellow River," by Wang Wei (701-761):
A little boat on the great river
whose waves reach the end of the sky--
suddenly a great city, ten thousand
houses dividing sky from wave.
Between the towns there are
hemp and mulberry trees in the wilds.
Look back on the old country:
wide waters; clouds; and rising mist.
The metaphor, crossing the river, implies boundaries between present and past, change and habit, youth and the sense of aging (the latter prevalent in this anthology). By and large, the poets here attempt not the big emotion, which by itself can be intimidating, but the smaller fissures of that emotion. They deal with innuendoes, with truth relayed as it is in common speech, through bits of information, through sudden juxtapositions, through offhand observations of nature. From T.S. Eliot and Marianne Moore down to the present, this kind of emotional accounting prevails: I think immediately of poems such as Moore's "The Paper Nautilus," Eliot's "Preludes," Philip Levine's "Milkweed" and Karl Kirchwey's "In Transit," among others.
Li Ch'ing-chao (1084-1151), is one of the book's few poets known to be a woman. Hamill notes that she was one of China's greatest and also "one of the most influential critics of her age." "To the Tune: Boat of Stars" brings back to me Ezra Pound's remarkable adaptation of Li Po's "The River Merchant's Wife." Her poem begins:
Spring after spring, I sat before my mirror.
Now I tire of braiding plum buds in my hair.
I've gone another year without you,
shuddering with each letter--
I'm intrigued, too, by the work of an earlier poet, Tzu Yeh (fourth century). Like the speakers of the early Anglo-Saxon poems, such as "Wulf and Eadwacer" and "The Wife's Lament," the personae often are of women, but the author is unknown. The poems are brief, even slight, but their wit leaves room for growth in the reader's mind. Here, for instance, is "A Smile":
In this house without walls on a hill,
the four winds touch our faces.
If they blow open your robe of gauze,
I'll try to hide my smile.
Hamill's revised translation of Lu Chi's Wen Fu: The Art of Writing, a third-century ars poetica, reveals practices that are valuable for our time. More than a handbook, it counsels the mind and the spirit, which are all of a piece with style in Confucian Chinese thought. From Lu Chi's poetic treatise come these important maxims:
As infinite as space, good work
joins earth to heaven
Although each form is different,
each opposes evil:
none grants a writer license.
Language must speak from its essence
to articulate reason:
verbosity indicates lack of virtue.
Some of Lu Chi's injunctions are familiar ground rules:
Only through writing and then revising
may one gain the necessary insight.
Others are subtle but immensely meaningful:
Past and present commingle:
in the single blink of an eye!
Emotion and reason are not two:
every shift in feeling must be read.
The wen of Wen Fu means literary arts. In Confucian China, Hamill tells us, writing was inseparable from morality in that truth meant naming things. The fu is the form, whose syntactic parallelism strikes this listener as having affinities with passages in the Hebrew Bible, notably the Song of Songs.
As in the poetry anthology, Hamill's ease conveys profound ideas and intricate images with simplicity, naturalness and directness. The Wen Fu has appeared in other translations. When I was a teenager trying to write poetry, a family friend gave me for my birthday a desk dictionary and the Bollingen edition of E.R. Hughes's Lu Chi's Wen Fu, AD 302, which includes the document's history as well as a translation. I read it, but not happily, for the writing is ponderous. On the other hand, Hamill's prose is a fresh breeze.
Hamill is founding editor of Copper Canyon Press and a prolific author--the latest and best of his own poetry collections is Gratitude (1998). In "Discovering the Artist Within," he tells a disconcerting but lifting story of how he came to poetry. Orphaned at the age of 2, adopted, later beaten and sexually molested, he grew up to commit unlawful acts. Throughout his difficult early adulthood, though, he held to his literary talent as to a life raft. Among the contemporary poets whose work saved him and his writing were the Beat poets, Gary Snyder and especially Kenneth Rexroth, whose One Hundred Poems From the Chinese Hamill thanks in his new volume. It was from Rexroth he learned the discipline that poetry required. Three years in Japan--two in the Marines and one on a fellowship--added to his expertise as an Asian linguist as well as to his Zen practice.
Devotion aside, these books will endure. Their tone is a combination of zest, generosity and humility. "We are fortunate to live during the greatest time for poetry since the T'ang Dynasty," Hamill writes in his introduction to Crossing the Yellow River, aware that the classic Chinese poems capture the essence of today's practice. His humility is apparent from the last sentence of his introduction, an impassioned stance for our casual age: "I sit at the feet of the great old masters of my tradition not only to be in a position to pass on their many wonderful gifts, but to pay homage while in the very act of nourishing, sustaining and enhancing my own life."
A new era has begun in Serbia, not only because Slobodan Milosevic has at last been expelled from office but because the deed was accomplished by the Serbian people acting in solidarity and without recourse to violence to seize their political destiny. The world will not soon forget the spectacle of Serbian riot police embracing demonstrators or the ballots spilling from the windows of the Serbian Parliament building.
Six months ago, such developments were unthinkable: Serbia's opposition had grown battle-weary and despondent, outmaneuvered by a repressive regime and fractured by internal divisions. Much of the credit for the energy, creativity and wherewithal of the protests belongs to Serbia's youth movement, Otpor, which aggressively advocated coalition-building, nonviolent civil disobedience and the importance of winning police and military support. The popular rebellion in Serbia bore the hallmarks of Otpor's strategy, as well as the youth movement's exuberance and optimism.
Still, the politics of coalition-building are complicated and perilous. Can groups, individuals and institutions that once supported Milosevic's ruling party or that launched and sustained the rhetoric of war really be trusted to help lead Serbia into the new era? For how long will the eighteen opposition parties that united behind Vojislav Kostunica continue to cooperate in the absence of a common enemy? Given Serbia's deeply divided political scene, Kostunica, a nationalist democrat from the center right, was a canny choice for presidential nominee: Uncorrupted by regime ties or mafia connections, Kostunica has a reputation for personal honesty and integrity. An anti-Communist, he also has a history of fierce opposition to Western interference in Serbian affairs. He has denounced the Hague war crimes tribunal as a political tool, he had strong wartime ties to Bosnian Serb leader Radovan Karadzic, and he decried the Dayton agreement of 1995, favoring more substantial Serbian territorial claims in Bosnia. As for the Serbian offensive against Albanians in Kosovo, Kostunica once told the Chicago Tribune, "Their leaders asked for Kosovo to be bombed. How should we behave? How would Americans behave?"
These views appealed to Milosevic's former constituency as well as to the substantial nationalist opposition that has long felt that Milosevic betrayed Serbian territorial aims and soiled the country's international image. Many ordinary Serbs share an abiding distrust of the international community, especially the United States, which they feel punished the people for the actions of a leader many of them despised. At the same time, although he wears his nationalism proudly, Kostunica says that it entails neither chauvinistic intent nor "Greater Serbian" aspirations. Kostunica has always opposed the deployment of paramilitaries, and he is a democrat who favors a free press, a truth commission and the rule of law. His impressively level-headed command of the peaceful rebellion speaks for his commitment to nonviolent conflict resolution within Yugoslavia.
And yet there is an antinationalist segment of the Serbian opposition, however small, that embraces the country's new leader very cautiously. These civil society leaders, many of whom weathered the Milosevic years in Serbia's sizable NGO community, worry that Kostunica will bring with him certain elites who fell from Milosevic's favor in the mid-nineties. After all, among Kostunica's close allies are the Serbian Academy of Sciences and Arts and the Serbian Orthodox Church, both of which helped produce the nationalist rhetoric that Milosevic seized to bolster popular support and to fuel the war machine. Serbian nationalism in all its varieties will not soon disappear, and the student movement in particular has a crucial role to play in keeping Kostunica, as well as his future challengers, honest and in helping a meaningful political life to take root at last in Serbia.
Meanwhile, the practical challenges are monumental. Yugoslavia's economy is a shambles. Not only did NATO bomb key factories last year; not only did sanctions create a vacuum since filled by an all-pervasive black market; not only does Serbia lack a banking system and access to foreign banks; but Milosevic and his cronies established an elite class of gangsters and paramilitaries whose ill-gotten wealth will be difficult to simply wish away. To neutralize the power of organized crime, the holdings of war profiteers and mafia lords may have to be legalized, or at the very least, these characters, who have played such a nefarious role in Serbia's financial and cultural life for the past decade, must be persuaded to invest their wealth constructively. In a society whose institutions, from banks and hospitals to schools and courts, have been neglected or co-opted, and where the flight of the professional classes became a virtual hemorrhage, the road to recovery will be long indeed. Although the easing of sanctions and the promise of aid will help, the people of Serbia must survive a very difficult period of adjustment.
At the end of this period, however, Serbia, the largest and most populous nation in the ex-Yugoslav region, could once again become a forceful neighbor. This is just one reason that it is so important for Serbia to reckon with its recent history and rebuild its relationships with the other ex-Yugoslav republics on a foundation of humility and cooperation. The status of Montenegro remains an open and vexed question, with some of Milo Djukanovic's followers still straining for independence and Milosevic's party officially governing Montenegro on the federal level. And against the will of the Albanian majority, Kosovo remains nominally a part of Yugoslavia; with a reputable government in Belgrade, the international community will eventually withdraw.
The question of reconciliation with the past, specifically Serbia's role in the Yugoslav wars, is also a critical one, and it will most likely be resolved on local terms or not at all. Many Serbs believe they have been demonized by the world media and unfairly singled out for punishment for the Bosnian war. Thus, stern rebukes from abroad often meet with hostility. Although Kostunica has unfortunately vowed not to cooperate with The Hague, he may offer war crimes trials on Serbian soil. One hopes the new freedom of expression Kostunica promises will allow journalists and academics to explore recent history publicly and candidly. This internal process will be delicate, painful and contentious, but it offers the possibility of deep and lasting change.
Why are white men so screwed up? If you can believe the polls, they
identify by a huge margin with George W. Bush as one of them. What gives
with these delusions of grandeur in which Joe Six-Pack puts himself in
the same boat with a pampered son of the super-rich? Did average white
males grow up in the lap of luxury and get to squander funds invested by
family friends in failing oil ventures? Can they fashion a well-greased
political career based solely on their fathers' names?
Obviously not, but what has traditionally bound white males to men
like Bush is that they, too, like to think of themselves as being
winners simply as a perk of birth. That way, if they also got poor
grades in college, they could still think of themselves as smart enough
to be president, when even the brightest women couldn't. Not that all
white males are actually winners, but they don't have to feel like
losers, since they can still feel superior to women and minorities.
But now, with equality growing between the sexes and even the
races, white males feel their privilege threatened by the prospect of an
even playing field. They blame this on the Democrats for pushing
affirmative action, which started to break up the old-boy network. So
they tend to vote for Republicans in large numbers, thinking that
progress can be held back and traditional values restored, meaning that
women will be put back in their place.
Such a reversal of white female fortunes would be a disaster for
white males, if they would only stop to think about it, but being white
males, they don't. The brute truth of the statistics on the boom in
American family prosperity is that it is based on females entering the
work force and obtaining better pay. Particularly white females, who
have been the main beneficiaries of efforts to make the job market a bit
White men are inclined to think that a rise in women's pay means a
decline in males' standard of living. That's because white males have
not grasped the fact that women tend to intermarry--with men--meaning
that their incomes are shared with husbands and male offspring and even
fathers, whom they occasionally help support.
But beyond the economics of equal pay for equal work, there are
those other "women's issues," which the Democrats support and to which
men are indifferent, most significantly the issue of "choice." If males
would just ponder for a second how women get pregnant, they might not be
so quick to define abortion as a "women's issue."
Let's say that George W. gets to make good on his expressed desire
to pick U.S. Supreme Court justices in the mold of Anthony Scalia and
Clarence Thomas, who then overturn Roe vs. Wade. Where does that leave
men who have gotten women pregnant and decide they are not ready for
fatherhood? Well, in the bad old days, it left them accompanying fearful
women on a trip to Tijuana or some back-alley abortion mill in this
country, in the process not only betraying the health needs of a woman
they claimed to love but incurring legal risks as well.
It's perplexing how a host of other issues that would seem to
affect men equally with women got to be gender-defined in polls. Why are
women more pro-environment, pro-children and pro-health care, or more
concerned about saving Social Security? Is it that Darwinian nesting
thing? Women want the civilizing effect of government to protect the
vulnerable. Men see themselves as cowboys at war on the frontier in need
of personal arms and a strong cavalry at the fort to back them up.
Do men not know that if Social Security gets wrecked with this
privatization gamble Bush is hustling, they will be hurt? Even younger
men who might have to cut into their discretionary income to take care
of their aging parents. As for the environment, one has to assume men's
lungs are not gender-protected from the poisonous fumes that now make
Houston the pollution capital of the nation. Surely males can appreciate
the wonders of hunting and fishing in the pristine environment of Alaska
that is threatened by the Bush-Cheney team's promise to rape its energy
resources and turn it into another Texas.
If being pro-choice, pro-environment and in favor of the security
of older people makes Al Gore a wimp, shouldn't we men reexamine our
macho standards? Remember that limp cigarette in the mouth of the cowboy
in those anti-tobacco ads that link smoking with impotency? Macho men
are a dying breed.
It took twelve years for the FDA to approve mifepristone--also known as
RU-486--and most of that time had less to do with medicine than with the
politics of abortion. Still, the late-September decision was a
tremendous victory for American women. In approving RU-486, the FDA
showed that science and good sense can still carry the day, even in an
The long delay may even backfire against the drug's opponents. In 1988,
when mifepristone was legalized in France, it was a medical novelty as
well as a political flashpoint. Today, it's been accepted in thirteen
countries, including most of Western Europe; it's been taken by more
than a half-million women and studied, it sometimes seems, by almost as
many researchers. By the end of the approval process, the important
medical professional organizations--the AMA, the American Medical
Women's Association, the American College of Obstetricians and
Gynecologists--had given mifepristone their blessing; impressive
percentages of Ob-Gyns and family practitioners said they would consider
prescribing it; thousands of US women had taken it in clinical trials
and given it high marks, with 97 percent in one study saying they would
recommend it to a friend. Against this background of information and
experience, the antichoicers' attempt to raise fears about the drug's
safety sounds desperate and insincere.
In a normal country, RU-486 would simply be another abortion method, its
use a matter of personal preference (in France it's the choice of 20
percent of women who have abortions, while in Britain only 6 percent opt
for it). But in the United States, where abortion clinics are besieged
by fanatics and providers wear bulletproof vests, mifepristone's main
significance lies in its potential to widen access to abortion,
especially in those 86 percent of US counties that possess no abortion
clinic, by making it private--doctors unable or unwilling to perform
surgical abortions could prescribe it, and women could take it at home.
It is unlikely, however, that Mifeprex, as the drug will be known when
it comes on the market, will prove to be the magic bullet that ends the
war on abortion by depriving antichoice activists of identifiable
targets. The nation has been retreating from Roe v. Wade for a
quarter-century, and a good portion of the patchwork of state and local
regulations intended to discourage surgical abortion will apply to
Mifeprex as well: parental notification and consent laws (thirty-two
states), waiting periods (nineteen states), biased counseling and
cumbersome reporting and zoning requirements. States in which
antichoicers control the legislatures will surely rush to encumber
Mifeprex with hassles, and small-town and rural physicians in particular
may find it hard to prescribe Mifeprex without alerting antichoice
activists. Doctors are a cautious bunch, and the anticipated flood of
new providers may turn out to be a trickle, at least at first. Abortion
rights activists should also brace themselves for a backlash from their
hard-core foes: Just after the FDA's decision was announced, a Catholic
priest crashed his car into an Illinois abortion clinic and hacked at
the building with an ax.
But in the long run, Mifeprex will make abortion more acceptable. In
poll after poll Americans have said that when it comes to terminating a
pregnancy, the earlier the better. Mifeprex, which has been approved for
the first forty-nine days after a woman's last menstrual period--when
the embryo's size varies from a pencil point to a grain of rice--may
well prove not to arouse the same kinds of anxieties and moral qualms as
surgical abortion. Then, too, Americans are used to taking pills. That,
of course, is what the antichoicers are afraid of.
Certainly...get him hanged! Why not? Anything--anything can be done
in this country. --Joseph Conrad, Heart of Darkness
So here we are, barely into the next century, and the indications
couldn't be better. Peace and prosperity rule. Forget World Wars I and
II, the Nazi death camps, the gulag, Hiroshima, even Vietnam. Forget
that whole last benighted century of ours, that charnel house of
darkness in the heart of the West, or the Free World as we called it,
until, ever so recently, the whole world was freed. That's old news. It
was old even before the "short Twentieth Century," which began amid
nationalist cheers in August 1914, ended early as that wall in Berlin
came down. It's hard to believe now that in 1945, after Europe's second
Thirty Years' War, the civilization that had experienced a proud peace,
while dominating two-thirds of the planet, lay in ruins; that it had
become a site of genocide, its cities reduced to rubble, its fields laid
waste, its lands littered with civilian dead, its streets flooded by
refugees: a description that today would be recognizable only of a place
like Kosovo, Chechnya or Sierra Leone.
What a relief, when you think about it; more so if you don't: Mass death,
massacre (every acre of it), the cleansing of civilian populations, the
whole bloody business has finally been handed back to the savages in
countries nobody who counts really gives a damn about anyway. After all
these years, we face a world in which genocide happens in Rwanda or East
Timor, slaughter and mass rape in the cesspool of the Balkans, which
hardly qualifies as Europe anyway, or in African countries like
Congo--and most important of all, they're doing it to one another. Even
when it comes to nuclear matters, the MAD policies of the two
superpowers have been deposited in the ever-fuller dustbin of history
(though most of the weapons linger by the thousands in the same hands),
and the second team, the subs, have been called in. Now, Indians and
Pakistanis have an equal-opportunity chance to Hiroshimate each other
without (at least initially) involving us at all.
We always knew that violence was the natural state of life out there;
that left to their own devices they would dismember one another without
pity. We've more or less washed our hands of mass death, the only
remaining question being: If they slaughter each other for too long (or
too many gruesome images appear on our TVs), do we have a moral
obligation to intervene for their own good?
With history largely relegated to the History Channel and hosannas to
the Greatest Generation, the disconnect between the exterminatory
devastation of 1945 and our postmillennial world of prosperity seems
complete. So it's hard to know whether to respond with a spark of
elation or with pity on discovering that a few intrepid writers--Mark
Cocker, Adam Hochschild, Jonathan Schell and Sven Lindqvist--have begun
an important remapping of the exterminatory landscape of the last
centuries. (As an editor, I should add, I have been associated with
Hochschild and Schell.) Interestingly, none of them are professional
historians; and I hesitate to call them a grouping, for they seem
largely ignorant of one another's work. Yet their solitary efforts have
much in common.
They have taken remarkably complementary journeys into the West's now
largely forgotten colonial past. Considered as a whole, their work
represents a rudimentary act of reconstructive surgery on our collective
near-unconscious. They are attempting to re-suture the history of the
West to that of the Third World--especially to Africa, that continent
where for so long whites knew that "anything" could be done with
impunity, and where much of the horror later to be visited upon Europe
might have been previewed.
Worried by present exterminatory possibilities, each of these writers
has been driven back to stories once told but now largely ignored. Three
of the four returned to a specific figure, a Polish
seaman-turned-novelist who, as a steamboat pilot in the Congo, witnessed
one exterminatory moment in Africa and on the eve of a new century
published a short novel, Heart of Darkness, based on it. Of the
four, only Hochschild has done original historical research. But that,
in a way, is the point. They are not telling us new stories but
reclaiming older ones that have dropped from sight, and so
re-establishing a paper trail on extermination without which our modern
moment conveniently makes no sense.
During the Kosovo crisis of last year, it was commonplace if not routine to hear two mantras being intoned by those who had decided that "never" would be about the right time to resist ethnic cleansing with a show of force. We were incessantly told (were we not?) that NATO's action would drive the Serbs into the arms of Slobodan Milosevic. And we were incessantly told (were we not?) that the same NATO action would intensify, not alleviate, the plight of the Kosovar refugees. Now there has been an election that was boycotted by almost all Kosovars and by the government of Montenegro. And even with the subtraction of these two important blocs of opposition voters, it is obvious that Milosevic has been humiliated, exposed, unmasked, disgraced.
Every five years the psychologist Judith Wallerstein updates her ongoing
study of 131 children whose parents were going through divorce in Marin
County, California, in 1971, and every five years her warnings about the
dire effects of divorce on children make the headlines, the covers and
the talk shows. Her new book, The Unexpected Legacy of Divorce,
ups the ante: She now believes that parents should grit their teeth and
stay together, so traumatized were her interviewees even into their 20s,
contending with drugs and drink, bad boy-friends, unsatisfactory jobs,
low self-esteem and lack of trust in relationships. Before you young
cynics out there say welcome to the club, remember: This is not a
moralistic sermon dreamed up by Dr. Laura, the Pope, your relatives or
even Judith Wallerstein. This is science.
But what if it isn't? Scholars have long been critical of Wallerstein's
methods: She had no control group--kids just like the ones in her study
but whose unhappily married parents stayed together. (In her new book
she has attempted to get around this flaw by interviewing a "comparison
sample" of people from intact families who went to high school with her
subjects, but the two groups are not carefully matched.) She generalizes
too quickly: Can sixty Marin County families really stand in for all
America? Are the seventies us? Doesn't it make a difference that fathers
today are more involved with their kids both before and after divorce,
that mothers are better educated and better able to support themselves,
that divorce is no longer a badge of immorality and failure? It never
occurs to Wallerstein, either, that the very process of being
interviewed and reinterviewed about the effects of parental divorce for
a quarter-century by a warm, empathetic and kindly professional would
encourage her subjects to see their lives through that lens. "Karen" may
really believe divorce explains why she spent her early 20s living with
a layabout--blaming your parents is never a hard sell in America--but
that doesn't mean it's true.
The media tend to treat such objections rather lightly. Wallerstein's
critics "don't want to hear the bad news," wrote Walter Kirn in
Time's recent cover story. The real bad news, though, is the way
Wallerstein has come to omit from her writings crucial information she
herself presented in her first book about her research, Surviving the
Breakup, published in 1980.
How did Wallerstein find her divorcing couples, and what sort of people
were they? In her new book, she writes that they were referred by their
lawyers "on the basis of their willingness to participate." Surviving
the Breakup gives quite a different picture: "The sixty families who
participated in this study came initially for a six-week divorce
counseling service. The service was conceptualized and advertised as a
preventive program and was offered free of charge to all families in the
midst of divorce. Parents learned of the service through attorneys,
school teachers, counselors, social agencies, ministers, friends, and
newspaper articles." In other words, Wallerstein was not just offering
people a chance to advance the cause of knowledge, she was offering free
therapy--something she today vehemently denies ("Naturally I wanted to
be sure that any problem we saw did not predate the divorce. Neither
they [the kids] nor their parents were ever my patients"). Obviously,
people who sign up for therapy, not to mention volunteering their kids
for continuing contact, have problems; by choosing only therapy-seekers,
Wallerstein essentially excluded divorcing couples who were coping well.
Today, Wallerstein provides no information about the psychological
well-being of the parents before divorce, but in her 1980 book, she is
very clear about how troubled they were. Only one-third displayed
"generally adequate psychological functioning." Fifty percent of the men
and almost as many women were "moderately troubled"--"chronically
depressed, sometimes suicidal individuals...with severe neurotic
difficulties or with handicaps in relating to another person, or those
with longstanding problems in controlling their rage or sexual
impulses." Fifteen percent of the men and 20 percent of the women "had
histories of mental illness, including paranoid thinking, bizarre
behavior, manic-depressive illnesses, and generally fragile or
unsuccessful attempts to cope with the demands of life, marriage, and
family." Some underwent "hospitalization for severe mental illness,
suicide attempts, severe psychosomatic illnesses, work histories ridden
with unsatisfactory performance, or arrests for assault." It's not for
me to say whether a sample in which two-thirds of the participants range
from chronically depressed to outright insane represents the general
public--but attributing all their children's struggles to divorce is
The way Wallerstein describes her sample has changed also. In a table in
her 1980 book, she places 28 percent of the families in the two lowest
of five social-class rankings, as defined by the Hollingshead index, and
23 percent in the highest. In the new book, these figures are mentioned
in passing, but at the same time she calls all the families "middle
class"--including a famous wife-beating TV executive and his former
spouse, a wealthy travel agent who spent her life globe-trotting. All
are now "educated," as well, including the substantial percentage of
parents (24 percent of the mothers and 18 percent of the fathers at
initial contact in 1971) who hadn't been to college. Gone too are such
relevant facts from the earlier book as that one-third of the couples
had "rushed into a precipitous marriage because of an unplanned
pregnancy" and that half the wives, "because of their age and lack of
job experience, were viewed realistically as unemployable."
In short, what we have here are not generic white suburbanites who threw
away workable marriages in order to actualize their human potential in a
Marin County hot tub. We have sixty disastrous families, featuring crazy
parents, economic insecurity, trapped wives and, as Wallerstein does
discuss, lots of violence (one-quarter of the fathers beat their wives;
out of the 131 children, thirty-two had witnessed such attacks). How on
earth can she claim that divorce is what made her young people's lives
difficult? The wonder is that they are doing as well as they are.
How the New York Times convicted Wen Ho Lee.