The Yale Journal of Law and Feminism has an article by Noa Ben-Asher on Spivak & Butler's 'who sings the Nation State?' It begins with a typically foolish quote from Hannnah's Aunt.
'With word and deed we insert ourselves into the human world,
Dumb people who are completely paralysed are still part of the human world
and this insertion is like a second birth,
No. Mummy suffered a lot of pain during our first birth. If we say nice things and do good deeds, she is greatly pleased.
in which we confirm and take upon ourselves the naked fact of our original physical appearance.
Nonsense! Our deeds may involve putting on make-up and wigs. Also, people appreciate it if we conceal our physical appearance by wearing clothes.
This insertion is not forced upon us by necessity, like labor,
Arendt was forced to write shite because of the necessity of earning dollars
and it is not prompted by utility, like work .. .
Consumption yields utility. Work yields disutility. Hannah was a stupid as shit.
.[I]ts impulse springs from the beginning which came into the world when we were born and to which we respond by beginning something new on our own initiative. - Hannah Arendt, The Human Condition
She began nothing new. She wrote stupid shite so as to make a bit of money. Still, she fucked Heidegger and that must be worth something.
INTRODUCTION Who sings the national anthem?
At the Superbowl, it tends to be a Grammy award winner like Jon Batiste.
Who says "I Do"?
I do.
This Review offers an analogy between two forms of resistance to legal discrimination by legally marginalized national and sexual minorities: singing the national anthem in Spanish in the streets of Los Angeles in the spring of 2006, and public marriage ceremonies by marriage outlaws.
Both don't matter in the slightest. Neither do Spivak and Butler.
Who Sings the Nation State? is a discussion between philosophers and cultural theorists Judith Butler and Gayatri Spivak about the possible meanings for politics, rights, and belonging of the public act of undocumented immigrants singing the national anthem in Spanish.
In 1945, the US Government commissioned a Peruvian immigrant, Clotilde Arias, to compose an official Spanish language version titled El Pendon Estrellado. It didn't catch on. President Bush had said the Anthem should be sung in English- though there is no legal basis for the claim- and some people 'defied' him by singing a hip-hop 'Nuestro Himno' in Spanish- which was perfectly legal. But this did not change their immigration status. The thing was a stunt which had no political impact whatsoever.
Although this act of singing may not produce any real results in immigration laws, the authors offer a fascinating analysis of the ways in which this act of singing can be politically significant.
But it wasn't. So their 'analysis' was useless.
The fact that a marginalized group sings a song of belonging in the public sphere of a nation whose current laws do not indicate such belonging is a contradictory moment that reveals a gap between legal freedom and the actual practice of freedom.
Nope. The US had created an official Spanish version of the national anthem. Anyone was free to sing it but they gained nothing thereby. There is no gap between 'legal freedom' and the actual practice of it. This is because the law is concerned with what actually happens. I may say that Beyonce is denying me my freedom by keeping me imprisoned as her sex-slave. Sadly, the law can't free me from her embrace because I am not actually her prisoner.
Therefore, this act of singing can be seen as the incipient moment of a claim to rights.
It is likely that the people in question had already made a legal claim of some sort or were hoping to do so quite soon. What they sang or didn't sing was irrelevant.
The right to marry is also often viewed as the legal expression of belonging to the society in which one lives.
No. It is viewed as a function of your age and legal competence. Citizenship or permanent or other residency is a legal expression of belonging to a particular place.
Thus, recent bans on same-sex marriage such as Proposition Eight in California
which was found unconstitutional. Same sex marriage is legal in California. In 2024, this right was incorporated into the California constitution.
have been characterized as a low point for LGBT rights in the United States.
The solution was to approach the courts and, later on, to get enough support for Proposition 3 such that the right was written into the Constitution. Singing or dancing or whistling a merry tune had no effect whatsoever.
This essay argues, however, that today we face a unique opportunity for radical political action that engages marriage laws in ways other than direct appeals to legal inclusion. LGBT people and other marriage outlaws can engage the public sphere by performing public marriage ceremonies.
They are legal in all 50 states since Obergefell v. Hodges (2015). However, even when they were illegal, same sex wedding ceremonies were legal though the marriage was not recognized as such.
I suggest that performance of public marriage ceremonies by couples and groups whose marriages are not recognized by current state laws may be understood as performative contradiction and political speech-action.
They were neither. The aim of such ceremonies, from the Seventies onward, was to change perceptions and expectations regarding same-sex marriage. There is now a question as to whether siblings should be allowed to marry to enjoy the same tax advantage as couples. On the other hand, you also have people marrying themselves. Sadly, my suit for alimony from myself has not proceeded very far because my lawyer is my neighbour's cat.
Butler said-
The assertion not only claims the anthem,
actually it repudiates 'bellicose' aspects of it. What it does claim is the right of citizenship for kids who may have been born elsewhere but who are working and living in the US. What they want is an amnesty and a path to citizenship. That is 'practical politics'. Surely, a political party will want to sponsor this so as to gain a 'vote bank'?
and so lays claim to rights of possession,
rights of 'oikeiosis', not possession. This is a hip-hop anthem, not a property claim.
but also to modes of belonging, since who is included in this "we?" For the "we" to sing and to be asserted in Spanish surely does something to our notions of the nation and to our notions of equality.
It says Hispanics (especially those who have some Native American heritage) are part of America just as immigrants from Europe became part of America. The National Anthem has been sung in German and Yiddish and many other languages by new immigrants.
It's not just that many people sang together-which is true but also that singing is a plural act, an articulation of plurality.
Choral harmony is plural but the hip-hop version gave scope to individuals singers.
I suppose there may have been a time when people thought it contradictory for a non-Italian to sing Italian songs more particularly if they dressed up as women when they were fat, elderly, bleck men like me. Sadly, the drag show has made 'performative contradiction' utterly routine.
[T]he street is also exposed as a place where those who are not free to amass, freely do so.
Butler thinks Hispanics weren't allowed to walk down the street.
I want to suggest that this is precisely the kind of performative contradiction that leads not to impasse but to forms of insurgency.
Did you know that dudes who dress up as Dolly Parton and who sing 'Jolene' generally go on to successful careers with Hamas or Al Qaeda?
For the point is not simply to situate the song on the street, but to expose the street as the site for free assembly.
Because previously, when people wanted to go on a march, they refused to use the streets and confined themselves to the sewers.
At this point, the song can be understood not only as the expression of freedom or the longing for enfranchisement- though it is, clearly, both of these things-but also as restaging the street, enacting freedom of assembly precisely when and where it is explicitly prohibited by law.'
But walking down the street singing a song isn't prohibited by law. The author confirms this
A clarification of this understanding of the right to assembly is necessary here.
To be clear, Butler is either a liar or stupid beyond belief.
The above assertion that undocumented immigrants do not enjoy First Amendment protection of the right to free assembly is imprecise.
It is false.
Indeed, aliens within the United States are entitled to the protection of certain constitutional provisions, including the First Amendment. Those who sang the anthem in the streets of Los Angeles enjoy the same First Amendment rights to free assembly that any U.S. citizen would. Therefore in that sense, there is no performative contradiction on First Amendment grounds because the singers were not taking a right that was formally denied to them.
Butler was lying.
Nonetheless, Butler's notion of performative contradiction may still have purchase for two reasons. First, the singing of the anthem in the streets of Los Angeles by undocumented immigrants can be seen as taking a right to free assembly that is de facto denied to them.
But it isn't de facto denied to them. It never has been. Thus Butler's notion has no fucking purchase.
By this I mean that the danger of deportation and other legal sanctions that undocumented immigrants face when singing in the streets makes their freedom to assemble theoretical.
No. It is difficult to arrest a big group of people. Their freedom to assemble is more effective by reason of their doing it en masse.
While everyone (citizen and non-citizen) has the formal First Amendment right to sing the anthem or any other song in the street, undocumented immigrants face the threat of deportation if they do.
They face that threat if there are plenty of enforcement agents and very few undocumented people. There is safety in numbers.
So the street is symbolically important here,
It is actually important because you can't assemble in the clouds. Either you get together on a street or in a park or other such public space.
because by exercising their First Amendment right of free assembly, immigrants can make the irony of having such rights but not others visible in the public sphere.
They have no means of doing so. Who can tell just by looking at a swarthy dude singing a song whether he was born on the wrong side of the Rio Grande?
Second, the act of singing can be seen as laying a claim to equality-related rights (such as the right to work) that the immigrants do not enjoy.
But they actually make that claim in both spoken and written words! Moreover, they do this in English. Non-Spanish speakers have no means of knowing what is meant by a Spanish hip-hop song.
In that sense, when immigrants sing "somos iguales" ("we are equal") in the middle of the anthem there is a demand for broader substantive equality.
But in a superior sense they demand it when they say 'we are equal. Give us the same rights as people born here.'
This singing thus becomes a radical symbolic speech act asserting an equality that is in fact denied by the prevailing legal regime.
No. The radical symbolic speech act is saying 'give us citizenship. Also, hand over your property and virgin daughters.'
Saying "I am equal" when one is in fact not equal is the core of the contradiction.
Only in the sense that my saying 'I am a cat' when I am not in fact a cat is the core of a contradiction. However, it is easily resolved by people agreeing I'm a great big pussy.
For these two reasons, the act of singing the anthem in public can fairly be depicted as a "performative contradiction."
It is no such thing. Suppose a bunch of guys who want citizenship say 'don't give us citizenship. Deport us immediately.' would there be a performative contradiction. However, the moment someone points out that these dudes are indulging in irony or sarcasm the contradiction disappears.
And while saying "I am equal" does not in fact make the speaker equal in the present or even in the future,
it may do, it may not.
the authors eloquently maintain that such performative contradictions are not useless.
They don't exist.
Instead, the demand for freedom and equality is "the incipient moment of the rights claim, its exercise, but not for that reason its efficacity."'
Not if the demand had already been made through legal and political challenges. In that case, singing during a demonstration is not an 'incipient' moment. It is part and parcel of an ongoing political and legal campaign. 'Efficacity' has to do with the impact of the song. Did it cause voting patterns to change or did it attract funding from well heeled donors? With hindsight, the thing was a stunt cooked up by a British Music producer. I suppose he made some money from it. That's Capitalism for you.
Therefore, the singing is politically significant because "[t]here can be no radical politics of change without performative contradiction."
Sure there can. Trotsky said 'I will kill those who oppose Communism.' Then he killed those who opposed Communism. True he may have dressed up as Mae West and may have kept singing 'She'll be coming round the mountain' but there was no 'performative contradiction' because he said he'd kill and then he killed.
Further, "[t]o exercise a freedom and to assert an equality precisely in relation to an authority that would preclude both is to
overthrow that authority or cause it to bend to your will
show how freedom and equality can and must move beyond their positive articulations.
Which just means getting what you say you want. There is no 'performative contradiction' there. Washington wanted the Brits to fuck the fuck off. He kept killing them till they fucked the fuck off. That's it. That's the whole story.
'Namely, even if actual equality will appear in no other universe than that of the speech act itself that says, "I am equal," this utterance is politically significant as the birth of the rights claim.
Only if saying 'I am a cat' is the birth of a rights claim and highly significant politically.
This gap between the reality of equality and its utterance makes the claim radical because it performs the contradiction by saying "I am" (equal) when one in reality is not.
I am very radical because I say I am a cat. Trotsky wasn't radical at all. He didn't even claim to be a walrus.
Such performative contradictions "must be relied upon, exposed, and worked on to move toward something new."
What new things did these two elderly imbeciles move towards?
Thus, "we can understand it as a mobilization of discourse with some degree of freedom without legal legitimation on the basis of which demands for both equality and freedom are made."
But singing and asking for citizenship are both legal activities. You may say, 'it is illegal to demand to be recognized as a cat when you are nothing of the sort'. But, the truth is, there's no law against saying you are a cat even if you more closely resemble a walrus.
Thus, although public singing cannot legalize undocumented immigrants or grant them equal rights under the law, it makes a demand on freedom that often goes unobserved by legal theorists.
Legal theorists may be stupid but they are aware that foreigners may seek naturalization in a country. Moreover, there may be political movements within a country which demand citizenship rights for undocumented individuals. At one time, it was plausible that a liberal SCOTUS would go further down the road of Plyler vs Doe (1982) in increasing the rights and entitlements of undocumented workers and not just their children. As things have developed there is considerable variation across the country. It remains to be seen whether Trump's attack on birth-right citizenship and mass deportation survives legal challenges.
Freedom is an ongoing process, and "to make the demand on freedom is already to begin its exercise."
No. Ask the kids who assembled in Tiananmen or Tahrir Square. In my own sordid and unhappy life, I have found that demanding an exercise bike- even buying one on Amazon- does not mean one has already begun to exercise.
This demand underscores "the gap between [freedom's] exercise and its realization."
Right wing economists, back then, tended to favour granting citizenship to the undocumented. I suppose the dirty little secret here is that people assume that, once documented, such people will quit the horrible jobs nobody else wants to do.
This public manifestation of the gap brings it into public discussion "in a way so that that gap is seen, so that that gap can mobilize."
Very true. If women can get together on the streets and lift their skirts so that men are able to see that they don't got no dicks, then that gap- where the dick should be- can mobilize and invade Poland in a manner bound to warm the cockles of Hannah's Aunt's heart. As Butler says "Arendt is probably one of the first twentieth century political theorists to make a very strong case for performative speech, speech that founds or 'enstates' a new possibility for social and political life." Sadly, Arendt didn't tell Hitler to fuck off. She didn't even lift her skirt and display her vagina to him. This caused the Second World War. Later, she fucked off to Jim Crow America but once again refused to performatively display her vagina with the result that Hispanics were banned from singing or walking down the street. Spivak, on the other hand, pointed out that Hannah was White. Also she did not have a beard. Did you know Tagore had a beard? Who else is writing National Anthem? Why you stupid white dykes are not knowing Tagore? Can you even sing 'Jana Gana Mana'? Fuck off you useless sows! Just because you are White you are thinking you know Kali Marx. I am from Bengal. Only Bengalis knowing Marx gud.
Consider Hannah's notion that there are three
fundamental human activities: labor, work, and action."
It is totally wrong! Bengalis are knowing there is only one fundamental activity- viz. talking bollocks. What else did Hannah do?
These three activities are fundamental "because each corresponds to one of the basic conditions under which life on earth has been given to man."
But those conditions are the same as those given to monkeys and lizards.
The activity of labor "corresponds to the biological process of the human body,
Hannah's labour consisted of shitting out silly books.
whose spontaneous growth, metabolism, and eventual decay are bound to the vital necessities produced and fed into the life process by labor."
Hannah hadn't noticed that lots of people don't do a stroke of work in their lives.
The activity of work "corresponds to the unnaturalness of human existence,
beavers work harder. Even Simone de Boudoir was known to bite trees and fell them so as to create dams.
which is not embedded in, and whose mortality is not compensated by, the species' ever-recurring life cycle."
Most people think their lives of toil are well enough compensated if their kids and grandkids get to live large.
Work provides things that are "'artificial' ... [and] distinctly different from all natural surroundings."
Hannah didn't understand that 'natural surroundings' are the product of work. That's why Central Park doesn't have a lot of cougars who pounce upon and eat visitors.
Action is "the only activity that goes on directly between men without the intermediary of things or matter,"
she means political action. But she is wrong. Political action may involve using swords or guns to kill and replace your rivals. Also, handing out gold or diamonds can be useful.
and which "corresponds to the human condition of plurality, to the fact that men, not Man, live on the earth and inhabit the world. '
Man inhabits the earth. Men are brief sojourners on the planet.
'For Arendt, "this plurality is specifically the condition... of all political life."
It is also the condition of all economic and cultural life. So what?
The problem is that "[while] we have become excellent in the laboring we perform in public, our capacity for action and speech has lost much of its former quality since the rise of the social realm banished these into the sphere of the intimate and the private.'
Arendt hadn't noticed that the social realm includes political parties where people gas on about principles and policies. Some of those people end up as Senators or Presidents or Governors of Provinces.
Arendt's theory is that our modem age has "carried with it a theoretical glorification of labor and has resulted in a factual transformation of the whole society into a laboring society."
Arendt herself was a coal miner as was the late Queen.
The tragedy is that "[ilt is a society of laborers which is about to be liberated from the fetters of labor, and this society does no longer know of those other and more meaningful activities for the sake of which this freedom would deserve to be won. '
Hannah got paid for writing this shite. It wasn't nice work but it was all she could get. Immigrants can't be too picky in such matters.
Action is significantly different from work and labor because it is "not forced upon us by necessity, like labor, and it is not prompted by utility, like work.'
Arendt was wrong. The Polis had politics because if it didn't it would, of necessity, be conquered and enslaved.
Namely, there is a special set of activities that Arendt has in mind, and that she demonstrates through Greek history, philosophy, and culture.
She didn't know Greek history. The fact is, what she took to be a leisured class was kept busy with business affairs in the same manner as lawyers and stockbrokers and bankers and policy analysts. Plato ran a school as did Aristotle. His pupil was Alexander who worked hard to create a big Empire. Even Socrates was a soldier.
The ancient Greeks practiced these activities in public, though only once labor and work were taken care of in the household.
Simon the Shoemaker would philosophize while at work in the Agora. All the dudes Socrates bumped into were either busy about their own affairs or were studying so as to fit themselves to do so.
The only purpose of action was the unique deeds and speeches in the public sphere.
No. Those deeds and speeches had to do with expanding their Empire or defending against hostile polities. A lot of this had to do with economic and geopolitical negotiations and deal making.
This was politics. Thus, "[t]o act, in its most general sense, means to take an initiative, to begin ... to set something into motion ... .'
No. It means to expend energy. Following custom, rather than showing initiative, is still action. So is ending something rather than beginning a thing or setting it in motion. Arendt was simply stupid.
Although this may be shocking or offensive to some today, what Arendt refers to as action was not efficient, predictable, or rational.
Because she was stupid. For the Greeks, actions were efficient, predictable and rational. Inaction- 'aergia'- is torpor and, at a later time, it was associated with mania. Not for nothing did Foucault say 'madness is the absence of work'.
Rather, "[i]t is in the nature of beginning that something new is started which cannot be expected from whatever may have happened before ....
Action seldom has this quality. What is being described is more like 'accident' or 'unintended consequence'. We may say that an 'Epimethean' action has this quality because foresight is lacking. Equally, it may be the result of the action of some God which prevents foresight from carrying through its plan.
[T]he fact that man is capable of action
just like lizards
means that the unexpected can be expected from him, that he is able to perform what is infinitely improbable.
No. It is infinitely improbable that a lizard will become a man or a man will turn into a lizard. Don't expect any such thing even if you are as stupid as Hannah's Aunt.
Action is expressed by speech and in public.
Legal actions brought before the Ecclesia may have had this quality but there were other actions- e.g. mutilating statues of Hermes- done in secrecy and silence which were even more politically consequential.
It "becomes relevant only through the spoken word in which [one] identifies [oneself] as the actor, announcing what he [or she] does, has done, and intends to do."
We too have depositions and statements made before committees of enquiry. But more consequential actions may occur secretly and silently.
" Speech is more important in action than in any other human activity
This is false. We vote in silence and secrecy. Voting is the most consequential activity in a Democracy. Speech is important in education and communication. Political actions are consequential if they are deeds not words.
because "[i]n acting and speaking, [humans] show who they are, reveal actively their unique personal identities and thus make their appearance in the human world ....
They do so by having bodies and by making those bodies visible. Speech is not important. A highly consequential political decision may be made on the basis of a show of hands.
To be political, speech and action can only take place in public,
No. An agreement dangerous to the polity may be made secretly and with no words exchanged. Equally, the very sight of two supposed rivals entering the debating chamber arm in arm may cause a highly significant political convulsion. By contrast, guys giving long speeches may be safely ignored. They are just talking is all.
"where people are with others and neither for nor against them-that is-in sheer human togetherness."
Like at a football match. But that isn't political at all.
The publicity of the act is crucial here because "[w]ithout the disclosure of the agent in the act, action loses its specific character and becomes one form of achievement among others.'
Nonsense! We get that if the vast majority vote for one thing though they said they would vote for another, then there is an action with a specific character which gives the lie to what was previously vociferously maintained. This is also true of 'voting with your feet'.
In sum, Arendt's The Human Condition defines the Greek form of political action as (1) performative speech,
The silly bint believed that the speeches Greek writers put into the mouths of historical characters were actually uttered.
(2) in public,
or in secret- e.g. the mutilation of the statues of Hermes
and (3) that does not directly arise from the human conditions of work and labor.
Everything arose from that. The Sophists got paid just as Hannah's aunt got paid.
In the context of Who Sings the Nation-State?, singing the anthem may be seen as political action.
Because it was political. By contrast, singing 'Gangnam style' was not.
Bertrand Russell often pointed out that prior to 1914, White people could go and settle almost anywhere in the world. True, in some places there might be a barrier to their acquiring citizenship but this scarcely mattered. The Great War changed all that. Even so, it wasn't till after the Second World War that the notion of an 'illegal alien' gained currency. A person may be hardworking and honest but still be considered a criminal simply by reason of where he was born. He could be sent to jail and then deported.
The question arose whether something could be done for the millions of people who, as national borders were re-drawn, had been rendered stateless. Might this involve some new political entity which wasn't the Wilsonian nation-state? The answer was no. Either refugees were assimilated or else they were left in limbo. Some might have travel documents of some description but most would lack even that. By and large, the solution was to pay a bribe and get papers by fair means or foul. But, many hadn't the money to do so. They were doomed to becoming a perpetual underclass- like the Romani in Europe.
Spivak and Butler were not stateless. Butler was American. Spivak held an Indian passport but was a permanent resident of the US. Hispanic undocumented migrants in the US were not stateless. There was some country to which they could be deported to. The question was whether this was economically desirable or politically feasible. It remains to be seen whether Trump, for all his bluster, is really prepared to crater the US economy by deporting those who do the dirty jobs while simultaneously destroying global trade. Meanwhile, I suppose Trump should be grateful for Campus Marxists like these two elderly ladies. They helped him win. The question is how much America and the World will lose by their shrill imbecility.
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