Philosophy 5 - Philosophy in Literature
Philosophy 5 - Philosophy in Literature
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Date Created: 09/15/13
CLA COURSE READER PRINT DIGITAL MULTIMEDIA Philosophy 5 Philosophy in Literature Professor Morris 3100 NO REFUNDS NO EXCHANGES SYLLABUS PHILOSOPHY 5 PHILOSOPHY IN LITERATURE Tuesday and Thursday Lectures ll AM l25O PM Fowler Al 03B Instructor Herbert Morris Of ce Law Building 2238 Office Hours Wednesday 35 E mail morrislawuclaedu Course Requirements Regular attendance at Lectures and Discussion Sections reading assigned materials a mid term One Hour final examination Three Hours a Term Paper of between four and ve pages Required Reading All the reading in the Course Reader Sophocles OEDIPUS REX Shakespeare OTHELLO and MEASURE FOR MEASURE Racine PHAEDRA Tolstoy THE KREUTZER SONATA Levi THE DROWNED AND THE SAVED Wiesenthal THE SUNFLOWER Course Subject Matter Lectures will focus on a wide range of states feelings and attitudes that are intrinsic to our moral lives Among the topics to be addressed are tragedy and morality pollution freedom responsibility justice revenge lost innocence conscience moral and legal guilt feelings of guilt collective guilt survivor guilt remorse forgiveness repentance redemption shame jealousy envy despair the meaning of life death The assigned readings particularly the works of fiction and the paintings are meant to provide pleasure but also to stimulate re ection on these topics and other topics not listed Schedule of Topics and Readings First Week Introductory remarks about course content and instructor s approach to materials Tragedy and morality Sophocles world view pollution responsibility shame Reading OEDIPUS REX Second Week Lost innocence knowledge and wisdom Original Sin introduction to distinction between guilt and shame Stoic heroism Reading and Viewing GENESIS Chapters 13 In Reader Milton Book IX In Reader Poussin s SPRING and other pictorial representations of the tale of Adam and Eve Third Week Reading a painting interpretation of art nature as an ideal the good life art and philosophy Viewing and Reading Poussin s LANDSCAPE WITH DIOGENES Fourth Week Jealousy envy art and morality law and human desire Reading Shakespeare OTHELLO Racine PHAEDRA Tolstoy THE KREUTZER SONATA Fifth Week Midterm examination Sadism and masochism evil wasting one s time and one s life recapturing and redeeming one s life voluntary and involuntary memory Reading Proust IN SEARCH OF LOST TIME In Reader Morris ARTISTS IN EVIL In Reader Sixth Week The unconscious the persistence of the past justice and revenge Reading Borges EMMA ZUNZ In Reader Seventh Week Boredom rootlessness guilt and remorse being false the Devil Reading Dostoyevsky STAVROGIN S CONFESSION In Reader Eighth Week Testifying human dignity and its loss survivor guilt and shame collective guilt fault and excuses Reading Levi THE DROWNED AND THE SAVED Fletcher THE STORRS LECTURES In Reader Ninth Week Forgiveness repentance Reading Wiesenthal THE SUNFLOWER Tenth Week The impossibility of perfect justice guilt and factors accounting for its decline Reading Shakespeare MEASURE FOR MEASURE Durrenmatt TRAPS In Reader Philosophy 5 Philosophy in Literature Professor Morris FaH2013 Table of Contents Genesis 1 Milton PARADISE LOST 5 Proust IN SEARCH OF LOST TIME 19 Dostoyevsky STAVROGN S CON FESSION 31 Borges EMMA ZUNZ 49 Fletcher The Storrs Lectures Liberals and Romantics at War The Problem of Collective Guilt 53 Durrenmatt TRAPS 129 etJtfv good GEN ESlS392 the night he made the stars also i 17 And God set them in the nnament of the heaven to give light upon the earth l8 And to rule over the day and over the night39and to divide the light from the darkness and God saw that it was good 19 nd theevening and the morning werequotthe fourth day EB Gad said Let the wastets ibtistg farth lJlLl1itti nIlj 39 the ntestat ing etteattste that ham ttfe fetal that rnahy ytabgeee the earth in the e ea irirmavrnent ef heattett El ll h1i i Gad eeeated gtsealt whaleis eraery liaing ereaILtre that t ntetteth which the teatets brettght forth abundantly after their kind and every winged fovvl after his kind and God saw thatit was good 22 And Gad blessed them Esse ing jEe fruitful and rttal t1el1t h39i1 eteats e sasantl tn quot pZ P the eeenng V and the tnntning were the fth day Ea P nd Geld said Let the eatth baftittgfi39et th the living area tare after his kind eattle and ereeeitteg thittg and best atquot the earth after u Zltiattdz and it was see 25 And God made the39beast of the earth after his kind and eattle al39tcrtheir kin and E39ttI thin that39lt39reepcth Linen the eartl139ai te139 his kind and Gad save that it ares 7l 72 39 mourn 26 39R And God said Let us make man in our image after our lllC ness and let them have dominion over the sh of the sea and over 5 eeate H eteatetgne he The Cz earioi the fetal ef the air ad ettes the cattle and ever all the earth and ester eatery Ert iltig thin that ereepeth upon the earth 2 Se Geld eeaed man if own Image 1quot esrttmett aet th tth at e se an III e I u t 8 w J 39 7 39 i I I 1 5 I1 0d eves hjeing that that mov a 1 T quot J i ism L gs 39 ti Geld said Eeheflel I have gieen an event herb hear ing seed which is eaten the fate ef all the eatth and ester tree in the whieihv is the 6 at a ttee yielding seed to you It shall be for39meat food 3 P ta every beast af the earth sand tie 39E39t EI fetal ef air and t ettetjt thing that eteeJ 5 ethtten the eanh tehyetein tiitere a life I hate gttteit eeere green herb tier rneat and it was see rhtreeih 31 And God saw every thing that he had made and behold it was very good And the even ing and the morrung were the sixth day Psto4u t39I96B CHAPTER 2 39 HUS the heavens and the earth were nished and all the host of them Dew M9 239And on the seventh day God ended his work Wl39lCl l he had made and he rested on the r Tlte Crerrliiolt seventh day from all his vrork ttthich he had made lHeh M 3 And God39blesscd the seventh day and lsancti ed it because that in It he had rested from all ltis tvork which God created and made It 5313 Ieil apart 4 E39These are the enerations of the haceatvertls and o the earth g H that hcompasseth the whole land day that the LORD God made the when they were created in the earth and the heavens nra12 5 And lr39E3939lD lampl39l of tlte lilexltdl before it was in the earth and every herb of the eld before it grew for the LORD God had not caused it to train upon the earth and there rue not a man to till p ground 39 Isl 39 war 6 But there went up a mist from the earth and watered the whole face of the ground n I 5 a i J reathed into P m me artol rn res had formed In sha ma m Antd out of the ground made A the Loan God to grow werg tree that is pleasant to the all hr and good for food the tree o life also in the rnidst of the garden and the39tree of knowledge of good and evil rev 222 l0 And a39lrilverllwent out of Eden to water the garden and from thence It was parted and became into four heads the LORD od forrned a garcn eastward in Eden and l there he put the man whont he ml rm lrllawa l the name thereof G E ES l3 2 ll The narne of the first is l Pison that fr it whlirch39cornpas5 etlfthe whole land of HEWIelih where there is gold Iurrotmdi 2513 12 And the gold of that land I l good there is lhdellium and the onyx stone beryl 13 And the name of the second river is Gl hdn the sarne is it Ofl thlopla Iurrourull Curb 14 And the name of the third rivet r is Hld derkEl that it it wl ch goeth toward the east of 39Assyria And the fourth river I Edphra39IES Tigris Aunur Q tsna l5 And the Logan God l0 39lllll ll7l man and put him into the garden of Eden to dress it and to keep it E Adam ciulliirall l6 And the LORD God cont rnanded the man saying39Of every tree of the garden thou mayest freel eat g I7 ut of the tree of the knowl edge of good and evil thou shalt f f g H not eat of it for in the day that rte LORD God planted D l E E eatest thereof thou shalt 8D T a dig you ll due A And the LORD God saidjlt is not good that the man should C alone Iwilll rnalte an39help A FOI A helper lit for him 19 And out of the ground the LORD God formed every beast of the eld and every fowl of the air and hrught them unto Adam to see what he would call them and wlhatsoever Adam called every living creature that two the man 20 And Adam gave names to all it lest gee die GENESIS 3 cattle and to the fowl of the air and to eve beast of the eld but for A am there was not found an help meet for him nu 21 And the LORD God caused ld ttipe slee tie fall uses 7 see e slept sud teelt ester er it1s2 sud eleses up the esh Jhstesd thetee ll Serra sees uses see the eh sihieh the Less Ged hscl tsltee frees snsegglnsshxdlea he a woman and brought her sets the reset see stsrsssl 23 end dsnt ssid This islesquot heels ef my henes end esh ef 4 PiR esht she shell he eslledl lemsn heeseste she sees takes Out Of Man ell test this sunit 39 Ephg 5Ell39J 24 Therefore shell s teen lessee his father and his meter snd shall cleave sets his we see they shall be one esh Mm 1063 25 Andthey were both naked the man and his wife and were not ashamed 39 CHAPTER 3 q L R the serpent tees teete suhtil than sjw besst ef the field whjreah the Le sD C39red hes mass he ssid sets the ee39rettssniYes hsth Ge seid Ye shsil st est ef esters tree ef the 3139dE 39 quot Fneleee l39IerI ned 1eu39equot 2 X the ssemstt ssid tmte thee serpent We rersrylest ef the fmit sf trees ef the gstett sass ti Bet ef the fruit eat the ttee ssttieh is its the midst ef the gets den Gee hsth ssid Ye shell net est ef it tteithet shall see teuth L1 3 Raw Tie 4 a he ss gees Ir A Is IMI eets sis1 9 ll The Tempmmtion 39 4A d 5 For Ge 1e Y I day ye est theseet theequoty39e 4 eyes shsll he e peedf ed ate shell A swing seed see evil i sens wlhett the wesssn sew es the ttee tees gs fer E sud sst it sees elesssnt te the eyes s tree te desires t mslte see wise she teek ef the fruit thereel she did est sine sseeatslset l1g t her httshssd 0 end he is est F p the eyes P P them Teeth ssiresseii eesed end they knew that thegs seers nakedgsee thegtisrewed g lessee Ktegether set 5 made ereserlses sprees 5 3921 39s39erHinIes s they hjestd the veiee ef the Less Gee is the garden is threlgl ef the dsy seedquot B A e IIquot T9 u 9 the Les Gee ea ete Asst sh ssid este P Whete est thee es ID P he said I rhaesrel this seliee in the gstElen setl 1 sees sFtsid heesttse I tees eslte see I Px tstysiei see I Lllv il1It tis3 39 11 tted he ssiitl Wlterteld thee thst thee westquot nslted Hsst lLi39il 11 testers ef the ittaeefseheteefirl Cem etnsrtded thee thst thee shttldest not eat quot Ezelz I8I Rom 512 12 And the man ssis The stere tetsttest is he 7e39se EEFE L e sled e s 1 Birth of Cain and Abel and I dideat Plait 231i Lulu 13 13 End the LORD God said t What is this unto the woman that thou hast cl wornant said quoti 39 ti sertgent one this thou or curse shots sll toattle and abuse oss beast the eld ttoon thy holy shalt V thou go sn39ost iEljtEi li thou eat all the days ofths litietz E Isssss 15 I will pot enm1ty be tween thee and the woman and between thy seed and her seed it shall bruise thy head and thou shalt bruise his heel Ma39ta2s aa 16 Unto the woman he said I tsiltl greatly multiply thy sorrow and thy teonoeptiongy in sorrow thou shalt bring frth child ren sod thy desire shoil bsitio my husband and he shall sule roses thee pain in Piegnaney 39 for 39 l Tim 2 17 And unto Adam he said Be 1 cause thou hast hearkened unto the VOICC of thy wtfe and hast eaten of the tree of whtch I com manded thee saying Thoushalt not eat of it cursed is the ground for thy sake in sorrow shalt thouquot eat of it all the days of thy life 18 Thorns also and thistles shall it bring forth to thee and i thou shalt eat the39hcrb of the eld 19 In the sweat of thy face shalt thou eat bread till thou return unto the ground for39out of it wast thou taken for dust thou art and unto dust shalt thou return plant l 77 I S l of us to ltnow go GENESIS4 20 And Adam called his wil39e s name Eve because she was the mother of all living lit 2l Unto Adam also and to has I wife did the LORD God make coats of skins an sloth thorn 22 s the Loss God said ehld the man is beeorne as one W and estlt send fmrt T 1 t NZ st IV I Y K i UY g pV PUY pV Therefore the LORD i sent is him forth from the garden of Eden to till the groutd from whencehe was taken 4220 V So he drss or the man and he p1atod39at Iil1 Eo5 of the srden of Eden quotCheri bUns an a flashing sword ssltioh turned esery was y to ltee the was of the tree f life so uR is toast Hob to 373 lmtmotss LOST BOOK IX THE ARGUMENT Satan having cotnpatt the Earth with rneditated guile return at a mitt by Night into Paradite enter into the Serpent tleying Adam and Eve in the Morning go forth to thir labort which Eve propotet to isfide in teveral placer earh laboring apart Adarn content not alleging the danger lett that Enemy of when they were orewarnquotd should attempt her found alone Eve loath to be thought not eircurntpert or firm enough urge her going apart the rather deiout to make trial of her ttrength Adam at but yield The Serpent find her alone hi subtle ap roach firtt gazing then speaking with much flattery extolling Eve above all other reatrtret Eve wonaquotrisg to hear the Ser pent tpeah ark how he attain39d to human tpeeeh and tueh underttandlng not till now the Serpent antwert that by tatt39ng of a certain Tree in the Gardenquot he attain39d both to Speerh and Reaton till then void of both Eve require him to bring her to that Tree and find it to be the Tree of Knowledge Iorhiddent The Serpent now grown holder with man y wile and argument induce her at length to eat the plea39d with the tatte deliberate awhile whether to intpart thereof to Adam or not at latt bring hint of the Fruit relate what persuaded her to eitt thereof Adam at rtt anrar39d ltttt perceiving her lott 39 rerolsret through vehrmenee of love to perish with her and extenuating the tretpatt eat also of the Feast The e eett thereof in then both they teeh to cover thir nakednerr then all to variance and accsttation of one another No more of talk where God or AngelCuest With Men as with his Friend familiar us39d To sit indulgent and with him partake Rural repast permitting him the while Venial discourse unbla t l now must change 5 Those Notes to Tragictvfoul distrust and breach Disloyal on the part of an revolt And disobedience On the part of Heav39n Now alienated distance and distaste Anger and iust rebuke and iudgmcnt giv39n to That brought into this World a world ofwoe Sin and her shadow Death and Misery Death39s Harbinge Sad task yet argument Not less but mor eroic than the wrath Of stern lrhillet on his Foe pursu39d I5 Thrice Fugitive about Troy Wall or rage Jl Turnu for Lavinia disespous39d Or Neptune ire or Iuno39 that so long l erplcst39d the Greek and Cytheren Son ll answerable style I can obtain 10 ti Tregie is used with more than a trace oi Its tnotlieeal meaning lor the falls ol Lucile and Aalstn were traditionally the greatest of tragedies as Chaucer39s Htsnh de ned themI strsry 39 Ol hym that stood in greet prosperltee Anal is ylallertout ol heigh degree llut hasically Hilton used the word in the moral sense that he immediately suggests It Cl the same wnrdplay ln XI 67 as its in theinsncatintts to Books I and WE Mil ton challenges emttpartsun with the pagan epics The svreth oi ttern Achilles is the theme announced in the o l39tilquott line of the lliad and its nal expres Eirsn is I c brutal slaughter of Hector on the battle eld I7 39T39he contrast here is with the struggle of Tur nut and Aeneas lot the hand of Lavinia in the later lsnnlts es the Aeneid and with the persecution of Ulysses by Neptune in the Odytrey Ind with little lniustiee to Aeneas in the Aeneid simply because she had nuarrelled with his mother Venus or Cytheree PARADISE LOST BOOK tx Of my Ccll39stlll Patrortett who deigns Her nightly visitation tinintplor d And dictates to me ilunt b39ring or lntpiret Eery my unpremeditated Verse Since hrrrthit Suhjeet lot Heroic Song Pleu39d me long ehooting and beginntng late Not sedulout by Nature to indite Wars hitherto the only Argument Heroic deem39d chief ministry to dissect With long and tedious havoe iohl39cl Knights In Battle ieign39d the better fortitude OE Patience and Heroic Martyrdom Unsung or to describe Rlees end Games Or tilting Furniture ernblazonld Shields lrnpreses quaint Cepnrisons end Steedr Bates and tinsel Trappingt orgeour Knights At Joust and Tournament then rnarshslfd Feast Serv39d uh in Hell with Sewtelrs and Senesehals The skill of Arti ce or O iee mean Not that which iustly gives Heroic name To Person or to Poem Me of there Nor tltil39d nor rttltdiottrs higher Argument Remains tu ieient of itself to raise That name unless an age too late or cold Climate or Years damp my intended wing 379 5 3039 35 D 45 Deprest and much they may if all be mine Not Here who brinis it nightly to my Ear The Sun was run and lter him the Star Of lierprrur whose Of ee is to hring Twilight upon the Ettrth short Arhiter 5o 1 The Crlutiei Purroneu it the Urenie of l 5 and III I 6 long rioou39ng end eginning lure see the Introduction 6to 1931 in la di erent tone item the popular poet Samuel Porclage who proieued in the PmIetrtlum to Mrrndoruns E lieerio l ring no Hero out till end turrs Nor hlazon forth some tnrlilte Sum Chantpion s Milton declares hit religious theme to be ttnlilte that ni any previous epic poem With Iimiler intent in I 6 he ironieell echoed Mquotimto39I bum in the opening line ol t e Orlando Frrrfoto that he wtu attempting something never beiore attempted in prone or rhyme 35 lm cries qrtainl enthlefnltic ornnrnentt mt l39 the ride s of hl39li l39tll from iltalien m PrquotI 36 Bum homing for harm OE D rites thin litre 33 tirturrrrt vreitert or mhertt literally quotteetersquot 4o4t Neither Homer epia not the Aeneid nor an other epic poem hat ever estempli ed the spirit uei heroism that is M ilton t theme Cl I Ii4 n 44 At early as hit Cimbridue days in Prolosieurn Vll Mill in Nature it not Subject to Old Age Milton had challenged the Uelenti e peuimitm of I Iridi tionl heliei that httrnmn tslentt had decayed with the earth itself htenute in inhn Nordenit word in Vieirrilujo RrrrrnI t ool the tun hatl lmt in pristine grerlieneer The Sttirriees and Eqninores run As in pretended disobedience The Siam observed by Arne tliiinenee ll found in iottrteene hundred yeeres tn lall Neel twelve Degrees towards the Center lull Stunt 4 4546 Atittntle39t theory iquotolt39rt39rr Vii vi I that northern meet leclted intelligence colored hiilttn fear in the Preloee to Hnnlt ll of Reno al ClinnIt Government tee ft 669 that quotour climate our the late ul this agequot might prove to he nlrsteelrs tn llll sntbitinn to write an epic poem 2 S Fink trseing the currency of this theory in Remittance literature in HLD ll itwt ampo eonelutler that the ulti mate eileet oi the elirmtie theory upon Miltun39t pu etieei trnbiliont was to nttlte him nure dr endent u n the ides of divine lrttttiralitsrt withIt e had inerited iron the Remittance and wlrirh wu eon eniel to hit mind The seienti c innit for the ltitlill T B Strnttp notes in MM W Wills HUI wiI expleined by Bortonh view that quotcold eiinnet are more tubieet to naturml melnnthnly which it enld and dry lot vrhieh esure Mercnrim Hrmnniem belihe puts melancholy men to initlbil itnl under the Polequot afmrrorny I ii 1 3 Every man Ed i 139 39 46 Milton Flight would he Deprrrr ll hit tubv ieet did not retire it Ci l 4 abmre 330 PARADISE LOST Twixt Day and Night and now from end to end Night Hernis here had veil39d the Horizon round When Saran w o late ed before the threats Of Gabriel out of Eden now irnprov39d In rncditated fraud and malice bent 53 On Man39s destruction maugre what might hap Of heavier on himself fearless return39d By Night he ed and at Midnigl1t rerturnhzl From conspassing the Earths cauteirotrs E tlsigr Since U ris Regent of the Sun dercriid 60 His entrance and lorewnrn39d the Eih erub irn1 That kept thir watch thence full of anguish driv39n The space ol seven continuid Nights he rode With drjrikness th rice the Eguinonctial Line He circilitl tiour timer cross the Ear at Higher 65 Frurn Pole to l o e trrraaire inrg each Colrurzre fin thquoteigirth return39E39 and on the averse From entrance or Ehertlhi Watchr by steallzh Found unsuspected way There was a place Now not though Sin not Time rst wrought the change 70 Where Tigris at the loot of Paradise Into 1 llliuii ilint urIrler grountd 0 part Enrar sup as Fnu ntain hi the Tree of Lile ln rrntlgs thee Hirer S39li139lt and with it rose 5arH nrr inrulrhjl in rizrinr M in then sought 75 Where to lie hid Sea he had searL39tt and Land From Eden over Pormrr and the Pool Maorir up beyond the River 01 39Downward as far Antarctic and in length Wesi lram Ororrrer to the Ocean l1nrr39d 30 At Darren thence to the Land where ows anger and lrrdirrr thus the Etrh he roarrfd 39 Width narrow scearch39 and with inerpeccriona deep Co nsquoti Lle r39dereI1r 39Ell39t llLiirEutIiFl1lnll1 of all T Molnar trjrspurturre rrrig l1 t gerrre ht Wile and iourrtd 35 The Serferrrl ruhtljeat Beast of all the Ficitl Pe alter long de39haste irresoltrte U5 thoughts retr lrquotdt hit nal sentence ehwse Fit rm tteat imp of iraucli in whom To enlsert and his clarlr auggertrinna hide 9 54 r39rnpror39d or taught by his experience with Calm IV 573loss how to re ne his intended deceit Go Uriel lmrrquotJ39 ln l7 34985 63 Th Car of Ns39ar rneantn simply night as it moves arnsind the earthis the traditional gure that Hillnrl knew In the quotIron eharetquot of Nillth under sin hrrre pr2vntetii 39n Spenser Dueua pursue her lEquotl39 ptrrpurs LF5E39 l I 10 EIE t rlrrrrr elrciles ll longitude intersecting at right angle so ill to cut the ecliptic into lotlr equal parts E3 el ilf ilwrr arw39re the little oprossle quotill Hilrnn has the authuFilip oi lolephus fin ri39qnirr7 rr Ii i 3 lnr relating Elie Trgrrr to the river H1rah quotmm utrl at Eden to mm the rmlenquot Gen ii to 7473 In his unpublished thesis quotl139te Folklore of l39rlii39quotI nquoti Erl lisha Flwavee m Er liirltlra nid Ilquot39l39I pres rereral ciauiltml and rrne firral instances where 39quotsupernI Iur l creattarnea enter the strorild Elli mist hjr riin thrnugh torn p X HE nra39Inrquot pp p2Z atgr H a 6 5atsanr Fsnit ew north over Fnnrrrr 3 the Elaelt Sea and the S H eriI39lr J5El el Mai regd tire riiser Q5 Ir h i on the mile whore nil In Marcosit Milton olten refers to the Oh lo Oranrerr the chief river of Syria El arilrnr the Isthmus at m la rahr rr U globe oi the world p 5 lafitihorrt mtnfionin Satan Efatnesrl his I up jut quottimr erpecrnt lFII maria iuhtil than ny beast gel the T ielr li tirhieh the T ihsi AT 5S f inraruiquotrrrr arten urncleeidm arrrarn rrrtirn thoughts I9 lnrp child PARADISE LOST BOOK IX 35 Fl l rharpeit sigh tipr in the wily Entlee iiihatrevrer sleight would i tElpT39lEi ti matit A1 ifrhm his wit and rtatire suhtietr quotFroeeedihg which it other Betta oibservi titht might beget hi iaholie pow39r 95 tettive within herjmttd the sense out hzntte Thus he rIt uiv39tl PS from inward grief Iratiit P35 i 39 iutth paints thus printquotdz D liite tho IIHtt uT1 if not ptell39err39el hiuvre iurtijt tquott39Itrtl1i e39uF ittl s Ir ilruiit Iii teetmd Iell lilwil trimming what was idl For what God alter better worse would build Terrestrial Heav39n danc39t round by other Ileav39ns That shine greet hear thir hri ht h eihaut latnps Light above Ligh39tt for the tone at tezetmal so5 ln thee coneentrihg all thir sreeiitri beamms Of sacred intliuenee t U irt iIeav39 1 ls Centre yet extends to all so thou Centring reeeiv39st from all those Orbs in thee Not in themselves all this ltnown virtue appears Ito Productive in Herb Plant and nobler birth i Creatures nvrmtte witlt ltrarl ual life UE Growth Seine Rearan 1 mJmilamp up in hiaht Witihi what delight eould l have waiit thee f lif II Iiquot I t iI5ilt l iii in aught sweet it39IT tll1t1gI N Di Iilili and iilrilltjfl Hitters Wmds zan Piainzr NW Land now Sea saridf Shares with Forest eroawh Roelts Dent and Caves but I in none of these Find place o efuge and the more I see Pleasures about me so much more I feei I10 Torment within me as from the hateful siege Of eontraries all good to me becomes Bane and in Heav n much worse would be my state But neither here seek I no nor in Ileav39n To HWiIli unless by rrtaizstrihg ilea39r39n39s Supreme I15 Holt hope to he tj39Elli lest trrttterable Eat w ha t I hut ntherr to malte 39Lttl l at I though til l f worse to me re ntttrt ilt For E I39tijF in dutrtming vi nd eate l l1 gl7lil and him es tLnh39ytquotti Dr wort ft what may worlt hit utter lhts To my reileritlesr Ilj Fhr whom ail hit was made all this tell htmrt Follow as to him linltt in weal or woe 35 Utrnhrt tttspiti l that to irirrerr it usetlj II it ii in liquotl39lil 991 El f laeeauese Llight partaltu en the meted heat hf deity Ii in l hl39 52 quot p N V trly llht thoughtas He olll FHM Ll ithprit wtgaa taeit i h teattp er b iurtirt farm ariorh litre Aiurander i jartir Tatar 0 Piarmv I39 Ili Th 1riaaa rare piiseed the eartls in the midst thin 0 rrrtemeui the world ttm hhtiy hr mans sahr who X the lLnrtl hi this uhirersset llafld the rrsort hustrn i rahle of Iii 0 ertatLIrtr deteriretl tasl m39e1he ghhnaoura rhir place which title mithlru p 7 E l39iiEHf that man with all utltttr Inimai Ighd rergrtmhle streattIrei mij ht big in equal dimtmte Eran all rsrrfna hi hritrrrt hitquotE noted tn tquail t nntlirtt39 iihd l ilititfe if whit quotfliltE l391ii39lquotE t Four conservation then that whieh ii in the midst hi the ttthrii all the rlttwlrt tail the ut zifrrttE untitlinljf il7rlquotli139l Iltl39quotIEE tomeIiher in the vratth at in J lI39I39IIll epitorme39 Ere the ili139l lfr il iIt lirtI t 31e15 rHir Eltart lee ihii mi3rtti in he the rtrgr lat hi ltn tii y alig or vromraairr which Hi ttt quotdEfl lquotIfia in the Jr Hf Limit Tl Ii E E39 E Kit tl il ya sin1 Iilr hltrIeth 39hh e rrititu l lr eaeltusire Eh39ii39I E39 I liisi39I39l39II r39Ittit ll I i l irr hii tlirlett artrl mIt1iert rt quiet 13 E39rI H M rtii Gig Eata39n39t 1quotEFlEflSi u li rquot jIiI ta hair I I1 q L39 i P I13 when Eve tis itel3 the llrtrit til the Tree oi nowlnlgg all naure quotaaare tight hi weequot fiii 55 iii iii I ngjzztapia 332 PARADISE LOST In woe then that destruction wide may range To met shall he the lot sole among us Th39iniernal Powers tn one da to have marr39cl What he Alnsigirsy styl39cl six ights and Days Continu39d making and who knows how long Ileiorre had been eontritring through perhaps Not longer than since I in one Night freed Frorn terwiritttfe ngliorius well nih halt Th ritnge39iic Name and thinner ileit the throng I40 DE his sdiorcts l39lEit to be arenghtl Fund to repair his nutrrthers thttt iI npsir39rl quotWhether ttntlt 39s39if39lliE spent out void now Eailid 145 More Angels to Create if they at least Are his Created or to spite us more Determin39d to advance into our room A Creature lorm39d of Earth and him endow Exalted from so base original I50 With Hcav39nly spoils out spoils What he decreed He eflected Man he mhde and for him built Magni cent this World and Earth his seat Him Lord pronotrnecid anti U indignitjtl E uilsiectlied to its serttriirtze rgitngel wings 3955 Ftntl39 ii1 Iquott1Elt39tg Ministers to watch and tend Thir eartlty Charged Eli these the trTigiiflianee I tlrezt tnd to Eitltt EfIl39t tJI wrapt in moist quot39 Eli ntiidnigltt 6raarmgliede ohtciuire ttncl G H in E t39rEFji39 E ts39h itl ritl italice where hop ma gr nial I60 The Eerjtent sleeping in whose mostquot ioidis T llquot1IitliE trust and tn39l391e sloth intent l i1i lquotii fla 39a O luul desccntl that I who erst contended With Gods to sit the highest am now constrain zl lnlo a Beast and mist with bestial slime This essence to incarnate and imbrutc That to the highth of Deity aspir39d But what will not Ambition and Revenge imlti c rfjl oi who aspires quotmrust down as low At ihigih he llL ri dI oElnottious rst or last Io To hatest thiingst Revenge at rs though s weeet Hitter ere long haul tono ittelli recoil Let it I T3939l iE39IIal t so it ligh t wel aimquotvd Slimquot ltrigher i fall sltort on hirn whoa next r oroitesr rrtjr 39E quotf39 this new Fatnorit I75 Gui Ilearquotn this Man E Giif Son of despite Whoatn us the more to spite his Maker rah I4 3149 Satan contradicts Dcelzebulfs statement in quotI d I46 Contrast Satan39s acknowledgement in IV 43 that he is God creature with his assumption here and in I H6I7 and 939 33363 that the sa gels are sellcreated and immortal I49 so Vitla in the Clur39rrs39aa and Tasso In frrsm lans Delivered maltc Satan in an iniernal cotsrscsl appeal to the demons contempt oi man on the ground that in our Place the Heavens possess he must file Han bcgot oi Clay and born oi Dust Usraualerrs Delivered Fairlaa s translation IV a I 3 Satan rnaltes a grievance ol the discovery that G1dquot39gises his angels chargequot Psalm sci II of mankind I66 Cl TM nunee with the Heavenly Er nn quoter of 39l I55 T V tgtn ohnononrt eoosed t IE i39eoo4tT ljj In the Foreword to iiiuttld l il Lnctiff PF i anEl reins are made the rnain snrings n the ll lIquot I39l3lquotI naatutre a d EL ttI39ruitine39s de nirtion oi entries hatred of an otltetquotshappineszs is uoted Is m ii l srfitlt pride to motivate Estsni39s temptation oIT tquottdtI mm IECE Tait n irg of Good Elli aiI Fzrnrn dvurt spit than whh1IKi PAR ihDlS39E 39L0 5 T E B00 in 153 E is her rermid ihckcilr Dank of Dry IE0 So raging thrnugih each Lilce V A lack mint law creeping he held on His micinigihli Px when Tunines he might p The m him fut sleeping man he mind In Lahgrrinth IZIE many in rn nngd IE mini d Hi hind ha midri well atltnr39d with subtle wiien Not yet in hnurridi Shad or dismal Den Nor nucent Tyet but an the grit Herb F5EIIquotiE1l ujr1fir39d The shptr in at in rMouth The DHi nIer39d39T ind his brutal tense in heart or head ponerring roan impir39d 1 With act iinntelligenxtrinl but him sleep 99 Drirturbid not Iuitin rinse uh lppwith of Mam Nnw whtrm incrtd z 39Tght he inn In dinwnr In Ea nr on the humid Fiawirr that brealhid Thir imurning in ccmt when all things that brcrarthrcw rum Eh rE1r h39I grant Altar and up siluint praise 95 To the Creator and his Nmtrils Elli WiIh grateful Small fcrrtrhr EIITIQ the hnrnan pair And jhoinid rhir vucnl Warship In the Chair Of Cmiturci wanting voice I111 done pamkrc Th rcamn prirna Ear sweetest Stern and Mr3 1133 Then c mrnune how that day they hen may ply Thir gmwin work for much Ihzinr work nut raw The hndr39 Tiirpaftch cf war Glrcfningj so wi er And En Em to her Hmfhandi ihm began Adam wnclifl may Aw Mor still la dress 05 This Gandcn nstiil In tndTT PlanJl Hgrb and Flaw39r r Dur pleanranrtask enioin39d but till rrmrc lhmd Aid us th wnrk under our Ifbor gmwr Lmturrinauil by mitirainIr what we by day Lap rnvergmwn or prune or prup or bincli One night air two with wanton grrowlhr dcrrirdgn Tending to gtw amp 39i Thou therefor new advise Or hcar what In my mind rs thoughts prentr Let H divide our Iaharr than where chair Lead Ihcc at virhcre most needs whether to wind 15 The Woodbine round lhia Arbor or direct The Iarrping Ivy Wham In climb while I In yonder Spring of Rosa intcrmixl 573 CL rhr churn ulainu He39el39bui39b Ind Sunr ni duing nil quotin Ipir ah rut CIu1orquot39 EN 334 83 The phrruing her af if ipiclr MschyIur39 elm Iimin n oi enmhr sgainnl Znmi TFJIquot l39l 39l 944 1A rerninmrruT perhapJr of ifhrtir rhing quot IiIu1 an cloudquot ram Ihe It In answer Jlhthillei purer N T 359 mil nTrT1 rgprruinun all i currrenlr belief Ihal T T T II in liquid riuudr trrhailtd ihlII 4 Wner Ind A11 II main drn rningle quclily Eriii Any39lilr ilide Ian cuihr A1 rubric rpirin into slur Ennurlm T Du Elrrur Dirirrr Irquotnrkr p 15 193 rfore hirdd en I93 ruuiumnrr iifTht I917 Sn in G mail viii 1 P rmc u wee nror from the ulnar oi sacri ce crecled by H rnh I99 wiIE 39tI HE i liekin IEEQIESI Three views seem pmsibizi Simr M I Cornrurlrn in M ifahn39r Pnrd39m pp 5 and u rrpmdintim Er an lh ibmrir at 39H Ch r39i HiJ n EBmI39l39l39 39 llfil an Cil39 rIil39 my uri1imI y hmi nu pm GI Ih lrl39JE II4IriT lquotIE39tI rr hrr Eil39E or an liratiling in war lien on llii din of ltrnpmian in I war which Miilion chmre In Irni II quotaheuziniie urrwmp riunquotI car I C Binnn1 r Ariw in God wliilam Tahrmirr flglrjlrjl pp lj39111 Ihal the iorbiitidm Emit Ijrmbalitn I piitti int wihich rnlleI EVE pic r i o 39 IIquot39l39Ii39I39ld quot39i the nmphimi1 ali madarn c 391ciientTy nperu or the priut view at Ihe Em E Lennard that her plea in I Em Marsh 6 i in H1 ci1Iflr IEfi1Ili l of the rnalher all all wnrlun as 5 Spring grave of young trim or Ihruba 1 H1 384 asp nsonon39d suggested quotmovedquot as in a deliberative body 343 Wiidrrnerr wildness asp The thought was a favorite aphorism going back to Cicero39s remark that Jsfrlcanus was never so little alone as when he was by himself De re pualrlirn t xvii 7 Cf N l 3oa PARADISE LOST with Myrtle nd what to redress till Noon For while so near each other thus all day Our taslt we choose what wonder if so near Loolts intervene and smiles or object new Casual discourse draw on which intermits Our day39s work brought to little though he on Early and th39 hour of Supper comes unearn39 To whom mild answer Adorn thus return39d Sole Eve Associate sole to me beyond Compare above all living Creatures dear Well hast thou motion39d well thy thoughts itnploy39d How we might best ful l the worlc which here God hath assigrfd us nor of me shall pass Unp ais39d for nothing loyelier can be fottnd in oman than to study household good And good worlts in her Husband to promote Yet not so strictly hath our Lord impos39d Labor as to debar us when we need Refreshment whether food or talk between Food of the mind or this sweet intercourse Of looks and smiles for smiles from Reason How To brute deni39d and are of Love the food Love not the lowest end of human life For not to irltsome toil but to delight He made us and delight to Reason join39d These paths and Bowers doubt not but oul39 ioint hands Will keep from Wilderness with ease as wide As we need walls till younger hands ere long Assist us But if much converse perhaps Thee sotinte to short absence I could yield For solitude sometimes is best society And short retirement urges sweet return But other doubt possesses me lest harm Befall thee seyer39d from me for thou ltnow39st What hath been warn39d us what malicious Foe Emrying our happiness and of his own 2 Desptiring seeks to work us woe and shame By sl assnultgand somewhere nigh at hand Wmites no doubt with greedy hope to nd His wish and best advantage us asunder Hopeless to circurnttent us ioin39d where each To other speedy aid might lend at need Whether his rst design be to withdraw Our fealty from God or to disturb Coniugal Love than which perhaps no bliss I Enioy39d by us excites his entry more a64 Rabbinical commentary on the statement i 4 that quotthe serpent was more subtil than any bent 110 225 39 130 335 140 3945 50 155 16o of the eldquot Gen iii I explained that the ser pent was iealous of their happiness losephos says that quotthe serpent which then lived together with Adam and his wife showed an envious disposition at his suppusal of their living happily persuaded the woman out of a malicious intention to taste of the tree of knowledgequot lnrr39qmquotrr39rr I 0 Ind 56 Mt side Tim not Mr brsis 11 46571 WAREAEESE LOST BOOK IX Or this or worse leave not the Eoithful side That gave thee being still shades thee mud protects The Wife where danger or dishonor lurlts Safest and seernliest by her Husband stays Who guards her or with her the worst endures To whom the Virgin Majesty of Eve As one who loves and some unltindness meets With sweet austere cornposure thus repli39d Offspring of Heav39s139antl rEarthr and all Earth39s Lord That suchan Enemy we have who seeks Our ruin bothby thee inforrn39cl I learn And from the parting Angel overheard As in a shady hook I stood behind Just then return d at shut of I39v39niog Flow39rs But that thou shouldst my lirrnaness thtttelore doubt To God or thee because we have 1 Foo May tempt it I eat ted not to hear His violence thou ear39st not being such As wee not capable of death or pain Can eithil39rquotirTot riet i7se or can repel His fraud is then thy fear which plain infers Thy equal fear that my Faith and Love Can by his fraud be shalt39h or sedue39t Thoughts which how found they harbor in thy breast Adorn rnisthought of her to thee so dear To whom with healing words Adam repli39d 39 Daughter of God and Man irnmortal Eve For such tou art from sin and blame ent39ire Not di ident of thee do I dissuade Thy absence from my si ht but to avoid Th Itternpt itself inten ed by our Foe For hee who ternpts though in vain at least asperses The tempted with dishonor foul sTuppos d Not ineorntptible of Faith not proof Against temptation thou quotthyself with scorn And anger woulclst resent the ollet d wrong Though ineffectual found misdeem not then If such a ront ll labor to avert From thee alone which on us both at once The Enemy though bold will hardlftlure Or daring rst on mete 39th39 assault shall light Nor thou his malice and false guile eonltemn Subtle he needs must be who couldseduce Angels nor think super uous others aid II from the in uence of thy looks rreeeive Access in every Virtue in thy sight 333 2 5 5 ayo 175 a o 235 ago 395 309 395 31o therefore proof against wrong or my kind perhapu Illu litt to Horace On 1 uii on the strength 70 rirgusts vir nal innocent an73 Eve lull independent knowledge of the command not to at the fruit of the Tree of Knotiletl e was stressed by several biblical enm mehtators Cstholie and Protestant who are quoletl by Williams in Erposiror st In 89 mirt oug ft t islIsdm e t 93 cnrirr has In Latin force of quotwl so lequot and of the man life is quotwholequot tinrrtsf entire Clgx mo 98 Fem delity loyalty Cf rm FI39M in ll36 jso Agassi lnjetlesse Plato value of the mutual stimulation at ri39ei39tfjds in lives of virtue Symposium 1781 was pti5ri39Iiin enti in the thinking of the Ben Iunee a bcEuquot39t friendship 386 341 mgEr39n39d39 enFiatquottt limitekd PARADISE LOST More wise more watchful stronger if need were Of outward strength while shame thou looking on Shame to be overcome or overreaeht Wnutrl utmott trigor raite and titquotd urlil WImy l51ltttiltl EtEElll39I 39tli llitlte tent witihin the let when I am fttretegnt and tltff triatl ehoote Witth me best Wllfnt i of thy quotiuirttJe tquotlJd tpalte rriofrrtettsquotHtllim in his 11 l tnitl l39rquotlilIquotltTIIIIItlIl Love but rErvr who tIhougltt Less attributed to her Faith sincere Thus her reply with accent sweet renew39d If this be our condition thur to dwell ln narrow circuit strait39n39d b in Foe Subtle or violent we not en u39tl Single 39Witl t like diefeniei ta39l t39EI E It39Il39 Itittt Itiimat are we l1tmJ39rlllll in fear of htrmfiquot Hut harm precedes not inr sonly our Foe Tetra j2iIl39lI1gj nt39lrontt us with his foul esteelm Dlur integrity lhJi39E loul esteem 5l39lIE lt no LTl l lquot39IuIT T on urt ZFrotrttt but turns LF m1l an lillLFl rl iEilll tltutn whetseiore thunrt39tl or rlquot3 d ljr us who t tl39IEI39 double l39tot39tm gain From ltit turrrnisa pt391ov39d l39te nd pcgiti withinl Favor lrrn ttm39n our witness trom tit etrent nd wl39ttt it F39aitl11i LsWu39 quotquoti it39ttte tJ il39til l quotquot ftilom witltoutl exterior help tt u tilt ITdl Let us not then stupecot our happy State Left imperletn hit the l alter win at not seizure to single or eomhiinh e Frail is our hnppiiner it this w to Find Ecfrn Wtt no rEr en thus exf To whom tl39ttt tl39Htt mi terirently reMpir39tl U lW m best are all tihittgt as the wiill GI God uznutorirt39rl them ht Eitt ltlitig hand i lothting imperfet r tlel39tti1ertt left GE ail that he Eneste trrttteh lest Hart Or aught that might his happy State secure Secure from outward force within himself Tilt nnger lies yet lies within his power t39 tg lI39tt hit will he can Eltli lFt no h lrm Hut 39Ciod1 left free the Will for what obey Hleesom it tree anuJ Fgeaiort he mad2 rig39l 1t But ltitl her well beware irtel l llll etrnttfti Least that some fair appearing good rulrprLitr d She Llieteatte lailtt rand mitinlorm the Willi To do what God eatpreitljr hath E li ihri l Hunt tlte nt tnristruttt but tender love eniointt Tlt t I should sminel thee it and mit1t l thou me T 35355 dnrn utei the l3ertte Iiront Egiphmel Uhquot 3 I53 310 335 339 335 Ltt H5 359 355 tlroettint l39t Egtll1tt l39 t3939l 1 HI l til tl1It lull jgtst Ftgum hmri gait in IL jtltil irt39Ittl poiintl high trt I ronrr in L 43 with it e riietil quotrnEl l1l til quotquoti tuIlFI39 tttr intntttlt llll i lllfl liil 59 314 The t39EHml IiE t in Eh Ful391t quotThe Srpitiil its wit heureth wittte w it39h our lfttl lm tlut we are the rl39ti39stlt39uIitt nl Erin39tlquotquot 39lForn ilila il jlt 0 x t7l1I timllilt in mi r u39Iquotll39 izrt L I 31 H L it been tlitttmttlgr ttrtnrl by P K O Ill tt il sit til it Hign t town wugr u quot39Eenurn hi Iiient1 i mzpllnt in nll Th which that may at titemtelwa retiit litl tltirirtt CE ll ilt p gig P 3155 mrrr ttlert 355 mined remind PARADISE LOST BOOK IX 35 Firm we m bsit yet possible to twlenrtre Sine Remain not impossibly may meet 8 by the Foe sul5orln39d Some it find til 360 mo deception lunmnre Not lteeping lLIllquotl l39 WIlEl7I u the was warn393 D not tenztputikon then whileh to uvoild Were Kbetter and moon liltely if from me 365 Thou Iwregr not Trial will eome Iul nwquottIgh2t Wouldnt thou lJpprn139E1 thy eonItan cyn afplrovte Flint the obedience th39 other twihlo can n ow Not reeling thee ntrternpteds who Ittestf A But if thou thinlt trial uzmought may nd 3 U4 both wecum than thus mnm39d thou Iteernht CE for thy stay not free absent thee more Go in thy native innocence rely On what thou hast of virtue summon I FIJI tot nIt39tlI thee ltlth done his part do thine 33975 9 lpllte the Patriarch of Mankind but Eve P fJlINlIlECl3 yet Iubrniu though l ultreplli39od Withn thy A tClhleHr by w crmiuion them and thus foreta rn39d lat thy own ltlf rensolnning word Touehkl only that our trlliafl wlnen least sought 3H0 May and In bathe perhaps Ir less preponr39d The W39i l fIgEI39 l go nor much expect AFoe so proud will n rlst the weaker seek So bent the emote nhall shame him hit rlerpuwlsne Thus saying from her Husband hand her hand 385 Soft P wiIEh39amp FEwquot Ind lllte on WhoadoNymph light Onad or D J or of Delia Train Betooltx her to the Groves hut Delia self In gait Itlxfplilltdfi and Goddlenlike detport Thmtgh not ll thee with Bow mod Quiver arnfd 399 But with such Gu39d ning Tool an Art yet ru e Guil7tet1I of re had forrnquot39d or Angels brought To nPdm or Pom amr thm ntlotrn39 cl Likest she ieem39d Pomona when she ed VeMumnuI or to Carter in her Prime 395 Yet Virgin of FraIerpinu love Her long and ardenst loolt his Eye pursu39d Deli jhted but deiring more her stay Oft W e to her hit charge of quitclt return Repeatecl ll1EE to him as oft engag39d quot To be returtfd by Noon amid the Bow39r And all things in order to inlwitel ANAGontidle repent or Aternmnl39i repose 56 CL T shape ul IpeaiouIljr quotfillet letlcrlquot it 51pen terquotl Ftrir Qfi f39Enr ll is I n 3 367 ipprnrr prove 51 of 37 trrurrrl en cue pl l il on guard Cl u mrr in I 3 bov i and in IV 79 373 Jrnlinafxxt mhniltted I partleipleJ the lmen In it mbmTlnl velKfquot 3amp7 gmM39 or Dryd n1anfutnltn or 0 ny uph Dianna Mrten1iI in enlld Deli From herquot b lrthglaey Z Milton tho ughl of her with her Ttirmittoml bow and arrow leading her nymphs in the hwlt ArehlImago mbomed wy39l391equot39 in the 3 up lf drlf dcpolrtmwtt honing 393 File was I primitive Roman todgdm oi ocltl and herd i 394 Oiiil ptcturel the gonltl en of fruit F5tImlaM39 with 1 Iymbolie I39tlniI39I Imolt Mel KW 61 Irlil tells the story afflict long reiiuanee In the punuit of the weadglnl Vrrrmmim 395 Renaissance poliontlert often llt1E l Il the youngt Cearel with the t7mbotl i3e plough Elli O Iquotltil up Mat V jail the was the first to teach men to me Cf Cert in I tl l l l39l3939rItln39t I ml int W alTli li alter Ill hnn bemnme the nmthet all Pr39l2lEfIlt Jun PAnAuI5I Lo5T 0 much deceiv39d much failing hapless Eve 0 thy presum39d returnl event pcrversel 43935 Thou never from that hour in Paradise Found39st either sweet repast or sound repose Such ambush hid among sweet Flow39ra and Shades Waited with hellish raneor imminent To intercept thy way or send thee back 4to Despoi39d of innocence of Faith of Bliss For now and since first brealt of dawn the Fiend hle39re EEJquotIquotIl39 in Iip pf iilfl l forth titee eoxme ttt d on his Quetett it391lIEl39E iliteiliii ett he t II39tlgiquott l find The tlinl zt two oi hlanltin l hut I1 thetn U5 The whole laI1tEl1llEt39li ltaeet his purples pregtt in Howquot anti Field he zi l glitm where enjt IEEJET Eirttte or fitaridenPllaet rrtuzre pleasant lay Thir te39ttd ame or 139 lan39taton fr eight By Fountain or hjr shatzijt A let 41o He sought them hothe hut withitl his hep ttttght nd Ere separate he withiadi hut int with l 1IIEl E Of what so seldom ehanequot d when to his wish FiijI l1t l his heaper Eire step rate he spies quott39e39il39d in a Eleud nil Ft39gtquott39tEE where the d 415 Hall tei39tl to thitlt the Roses tEl39lll 1aE rettntl Nttnut her lIt1tItiItl hit B Pint to l pp rt Eaeh Flt39tw39ItMquot of slender stalitVeThte head thettgih gag Earttetieite F39ttrf39le i5ilE39llrEii U39f epeeht witl39IquotGoldi IIurtg vlJlquot 39 1lt39Ig tI J39lI39l39l5lLTiiquotii39I ii them the uttttagrs 43 Gentizr with l39i lj139FllE hand mintllete the wbiiet Hetteli though fairest lII l3939lIiJHJTlLErI l Fleuwir Frut her heat prep to Eat and ttetttt tII ttigh lquotl39eart39er he crew anti n1 et1j1r waih ttatteraf i 0 stateliest Covert Cedar Pine or Palm 435 Then voluhle and bold now hid now seen Asnon thicltwov39n Arhorets and Flow39rs lrnlmr er39d on each Bank the hand of Eve Spot more delicious than those Gardens ieign39d Or oi reviv39d Adonis or renuwn39d 4439quot llrinoiir host of old Luertes39 Son Or that nut Mystic where the Sapient King Held dalliantc with his lair Egyptian Spouse 4t Mrre Serpent titntplijr la 1etjteI139t The ttteaw in eeemte In he that the tetlugtlxer quotwet not the ttnrtnt ttr less Kim39nni1 illhmfhE tttithl tttnt attI heatl rtitett aeert iirt Itminrtoinge ml the teimptatinn ht a139trt t39lreeTiquotrt Lie litli al39tquotIIt ii iii the ternutittg serpent it retireeettteutll it a wmnen when is toerpent3ine etthr litnm the waist down 419 rrndancr obieet of care Cf nursery in Vlll 46 4 3 ntiur rrr heedless careless of hersell 436 rroiublr lteeps its Latin meaning of quotrolling ughcan iteeillfquot 41 ittrtllnr dirrquotel phmte1l with borders HIquot Haiti elquot Err the hentlitt392etltefi Eve 4IH quottit I t iii tllaiil395ittnit use and lIiliiEquotlii I391lEIl oi atliquotIiE if at a tgrntliaul rail an 39IlquotEil39Ii39F htlt myat ieai tgtlaradiittae in C murm i iI iI ilda the iW39il39iiiirt39Ia i Iquot39 i5EJF ifj39ef ri gt retH Ihe t tI391quotl llquotdIll1J 1rat tttlititmal anti tnzanr l itlml r lhil if hellquot tietll aretzl that Feretiiee etttelletl the gartileerta of eiirf etir lI39IIl the HetiIeri1let EL it 44L IattrrIt39 39 tier it Lllfstea tirhntet quotl39lllT tn tthe tar dent Felt titieit eui t is tttld in the dgttter quotlnquotli V 4423 net Hyttfe f lslil quott e39lH or quothiatterieaiiquot inf the garden ref ldnttrixii WM tttgrihtnlmTieal Tn ta ptg mgtetetrg it eppeeed the garden where Sole2 l39l39litl i the TlFI tquot il ier hrettt ht hit hriitle when he quotetadie il ll i with 39Fharae h hing set Efp39lTaIt tmle Phltt39tIetl I39l tltughtet39 H iliittsrt hi 139 l 39lii l IlIl1i had in tttimtl the autieItt te E eiernen t garden In ghg 55325 of 5 rtleir39ttitt thrhieh he may hi ilquotl Itll39f ttted un the4ttt1enthel the idtlitetI ten the 3921ri39inte39 mtgg h1nrquot in Iii t H in epilheailatt titttt 39IitriI IItt lot the Eg139g39lLlif hritteesa In Rtare ef Eaiittre39t Eer rtetrmtr he ealit it an tquotlitine matteral elmrtequot rt tii eain ago ml39Jrd39l King tulllulir 453 for ahr q3g mom gallium Ioguhor Incl tontantrum in hornllquot 45quot 39El5 M D l39llldtl3l39 lLl auinieMa in lN639Qg x I lIlg ju the uml fl ing Ihougllll ll lilo rllm of lhe uuuperlnnaurual power all nhmiIsr in Comm 4465 I li PARADISE LOST BOOK 13 Much hoe the Plus a culmllr39dji the Penoro moarlcl x one who long in populom City pem Wihllera HouseI iiclv and SeweM annoy the Air Forth iaauing on 1 SummIrquota Mom to breathe 39iLmon A the plunnt Vuilllagoa and Farms Adiloinl d 0o Tp thin line conlcoivca d5uliig ht o smell of Grain or ted lcd AGnu or Kline Or Dairy each rural ai Aha Inch rural lsorund ll chance with Niyumpihuiiltue mp fair Virgin pan What plhoaalng acremilzli for hora now pleam rnxon Sh most l df in her loolc mm all iDo39lilght Such Plicamre took the Serpelnl to bolmolld Thin Flowquotry Film the awn1 e of E vs Thus rmly Ihua alone he Hlavquotnly form Angollc but more soult and Feminine Her griceful Innocence her even Air OE gmur or least action ovrw39d Hll Malice ancl with rapim sweet quothensw39d Hi Fmrcounloaa of the hero imam it brought That llpatt the Evil one ahatrattcd stood Fruour his own evil and for the time rcmainld Sllupiclljf good of enmity tliiaalrmiirlk OE guile of hate of envy of revenge But the hot Hell that always in him burns Though in mid Heav n soon ended his delight And tortures him now more the more he sees Of pleasure not on him ordainfcl Tlhcn noon Fil llt hole he lrecollllucom am Ill Q lhlololghuuu Of rniachief tatuulatring thus eaztites Tholuhghu iwhilher have you Jledl rue with what awcct Compuhionl tlhlua lranaponad to llorgjet Wham hither brought us hale not love nor Ahop Of Paruadise lfor llkll hope here to ram Of pl azure but Ill pleasure to tliemtlroy lsave whntl ll in rl emoyinug other ioy To me is ilioat T39l39ln let me not let pal Occasion which now smiles behold alone The Woman I portune to all attempts Hcr Husband or I view far round not nigh Whose higher intclloctual more l shun And atrmglih of cosurag ihaughly and of limb 39 Hcmin built Z of lcrmtrilali muulcl Foe not informidaihlc cxemlpt lrorn woundi I not so much hath Hell cleb39d and pain lnfecbl39d me towhat I was in HIav39n Shae fair divinely lair t Love for Gods Not terrible though terror bu in Low uprea acl zerctl lo mi hay 436 Plan plot of ground on her iocoum 45 opporrnmr opporI39unt lf situmdl Cl may in ll I w W 3 2 467 Ill lhc Hell hasrir fn allow in IV Jo 389 i445 45g 455 460 465 470 l5 430 M5 49 45 rnrranfal mould Itlflllllf I uhiian vcu ra39rI h 436 D mm incapalbillity of drum or pain in L 33 llswg and Salaam m hnowlcall nl pain in PARADISE LOST BOOK IX 39 Hi ireuelulem li11FI 39li al a minus begin T Wene er non eenmi Mirisreie if perhaps Tlnuu came whe are Elalllt Wnder rnue39h leu errn Thy looks the39Hemr39n ef rnlilelrreee 1with disdain 39 Displeu39d that I up reiehn thee ll39I LII end game 533 lnsatilte I Ihue 39e not he1re ieerr39r39 39I39hy ewiul hmwg more Iwhul thou EIEll391 lil FI hIquot39e39i l reeemhleneeee e my Mekreru Emir G ill thin gift and 1 li1ifl139IgjgiEiTEfIi all things thine Celestial Beauty edjere 54 With r iehme t behel Ihere beer beheld Where universally admin d but here In this enclosure wild these Beasts among Beholder rude and shallow to discern quotquot39 IIelf what in thee I flair one men eeeepe 545 When L thee and whee is nee when ieheuldet p eeu1 A Goeleleel among Gentile mluoe39el and ierar39d E3 alungetle ieujftihregrieelg thy tdeoiltid lTrine Se gleequot the Tempeer End 3 in 1u ni39d linen line HeI ref Ee hisi wnrtli nizedre way 559 Though at the IHIiee mueh l339ITli i lll g it length Not unhamesef ehe thus in enweerr spake P What may this revenge IanguegeleE Min penwnratmnejt E3 Tongue P Eeruee areal homer eeme elepeeeti d Em at eel e theee I thought deniquotal I 555 To 7Eeeute Wl 1 m Vosd eon their 39CereeieiesnDer Created mute to ll ertieuleete eIjEnd The letter I demur her in Lhir lenolee Much reason end in thir eetiom oft up an Thee Serpent rubtlest beast of all the li d 560 I knew but not with humen voice endu39d Redouble then this miracle and say How ee m39e1 thou epeelehe oi mute and how To me he friendnl grown eve the rest Di bruteil kind I39 eI ail ere in eiighti 565 Sign For Iueh wender claim attention due To whem the fguileful TEi11pEer zthsue repilii zl Empreee of this air Wuirld reeplen erIlf Em in me it me Eu hell thee all What thou eemamrnd et and right then 3hhuld39et eihegr 570 I feel it Em an other Eeaetl that green trodden Hterh iEWi39b eetthuugh1e and low m39Ior pm 39lIEs Heeluee 111e Ideirii or the IeI39pen clued Ihe newer ell human IPEIEH the liner hid 1ilher EE me he iieewmoer league II in irilnrueeenli or elee to impel xlihe lie in Iaueh I are H Emilie ii b 39reiee3Iihe or 5 3555 5o liIIe Ieeer eulhef ieenprin eerpentl lei 7 meme lei E1quotE39I iempLmiquotiera neleeinEi39i eeepeel hlelll her an li3939llhI F39li rhewepiiete rreiie39operm lee To erhern all ehieiru en g nh hour dewn n prieiee T L 39ieee II ell lei li39ll Eeierrr Eyrlee pp 41ht 51quot Vi hehewingi 39trdAitier1lhr lliu jh he may I he WB1 een1iempereer le1 Eem eu an Si Eerlteler mug gee in quotTiquotEEieau e lrllnllijr In Iaha Eeduentien en Eirequot in lquotiM39 iEJ139quotquotIEl39l 5aj 313 gm gieeii retell Camera ijluiiing Ea fii F I2E j Iquotl f ilxt 1rill1 TEI liEI il emi uepnmihl equot rEgmg l r 57 in e g eleiie whieh may ehe rrex eei me rem elf eemzeaerjhlie weenus in eunlermrerh niifrl emm 55555 nrmere eneeeuain el eelem el gene Em mid Ihitt ilihe hearth hE39IaE39I139Iquot lI39F ghn rename rse1 en e ternpriblyquot VIII 31374 39 563 rpuatdrle of more capable of Ipeeeh from n mute eondilion 5737 Behind the line in the Aristotelian dir tlnetlon o the noble pleasure of which men ere eepeble tom the rem limitation of the animal Nr39rorIrn iun Enlrr l is 9 J92 PARADISF lt ST As was my food nor aught but food disccrn39d 0r 5H and apprehended nothin high Till on a day rovin the eld l c anc39d 575 A goodly Tree far istant to behold Loaden with fruit of fairest colors tniat Ruddy and Gold I nearer drew to gaze When from the boughs a savory odor blown Grateful to appetite more pleas39d my sense 580 Than smell of sweetest Fennel or theTeats Of Ewe or Goat dropping with Mille at Ev n Unsueltt of Lamb or Kid that tend thir play To satisfy the sharp desire I had OI tasting those lair Apples l resolv39d 585 Not to defer hunger and thirst at once Powerful persuadcrs quiek39n d at the scent Of that alluring fruit urg39d me so keen About the mossy Trunk l wound me soon For high from round the branches would require 590 Thy utmost rest or Ham39s Round the Tree 39 All other Beasts that saw with like desire Longin and envying stood burcould not reach Amid t e Tree now got where plenty hung Tempting so nigh to pluck and eat my Fill 595 l spar39d not for such pleasure till that hour 39 At Feed or Fountain never had I found Satcd at length ere long l might perceive Strange alteration in me to degree Of Reason in my inward Powers and Speech 600 Wanted not long though to this shape retain39d Thenecforth to Speculations hi h or deep I turn39d my thoughts and wit eapacious mind Consider39d all things visible in Heav39n Or Earth or Middle all thin s fair and good 505 But all that fair and good in t y Divine Semhlancc and in thy Beauty39s heav39nly Ray United l beheld no Fair to thine Equivalent or second which compell39d Mce thus though importunc perha s to come 6Io And gaze and worship thee of rig t dcelar39d Suvratt of Creatures universal Dame So tallt39d the spirited sly Snake and Eve Yet ntore amaz39d unwary thus repli39d Serpent thy overpraising leaves in doubt GI5 The virtue of that Fruit in thee rst rov39d But say where grows the Tree from enee how far For many are the Trees of God that grow In Paradise and various yet unknown To us in such abundance lies our choice 520 As leaves a greater store of Fruit untoucht 38 Fennel was supposed to be a favorite intad soon added although there was no change of out of snakes Cl Lyly ll39 Sapplto and Pain II M ward form quotFancy is a worrne that leedeth rst upon lertellquot 605 Millie the air CI ll 7MI8 it Another popular belief was that they melt the teats Eta Dense keeps its original Latin force at of sheep quotl39I39tistre39ssquot 399 to degree em amounting to the ill of a 63 rpirirdr spiritpossessed lspree ol reason in the mind to which speech was P RADi5E LOST BOOK iii 393 Still hanging ineorruptihie oiii men Grow up to this provision and more hands Help to disburden Nature of her Birth To whom the wily Adder hlithe mud glad 613 Ernpresa the way is ready and not long Beyond a row oi Myrtles on a Flat Post by a Founttttin one small Thicket past 0 blowing Miytrh and Balm if thou nccept My conduct I can bring thee thither soon 53 Lead then said Eve Ilee lending swiftly roll39d In tangles and made intricate seem straight To mischief swift Hope elevates and icy Bright ns his Crest as when at wantiring Fire Com act of unctuous vapor which the Night 635 Con enies and the cold invirons round Kindl39d through agitation to st Flame Which oft they say some etril Spirit nttends Hovering and blazing with dell39tll C Light Mislesds th39 rtnta39d Nightwanoderer irorn his way To Bogs and Mites and oft through Pond or Pool There swallow39d up and lost from succor far So glister39d the dire Snake end into fraud Led Emu our eredulous Mother to tilt Tree Of prohibition root of all our woe Which when siie saw thus to her guide she spake Serpent we rnii ht have sparid our coming hither Fruitless to mee t ough Fruit be l39tere to excess The credit of whose irirtue rest with thee Wondrous indeed it cause of such effects 65o But of this Tree we may not taste not touch God so commanded and left that Cotnmnnd Sole Daughter of his voice the rest we live Law to ourselves our Reason is our Law To whom the Tempter guilefully repli39d 655 Indeed hath God then said that of the Fruit Of ell these Garden Trees ye shall not eat Yet Lords deelar39d of all in Earth or Air To whom thus Eve yet sinless Of the Fruit Of each Tree in the Garden we may eat 611 to niir provision to ltumbexrl proportionate to vr at has been pro1ritlet39 614 Birth is spelled quotbearthquot in the original a iorrn which indicates the meaning of quotlruitquot nl every kind better than the modern spelling oi this word 61 Naming blossoming Cf V 1 and VII gsp 631643 John Sivan popular Speculum hfundi 1643 pp 8589 is a writing parallel K Strand sen notesELH IX tress nohits de nition of the hair fcrarur or Joe in Fire I quota fat and oil Elhalstion hot and tlriequot which the i tnue terri ed ignorant and superstitious peoplequot have often mistaken lot quotsuralitlng spitiu They are no tr ts and yet lead out of the tray because those it l them are arnautl and look so earnestly after them that they forget their ways and then s Wl d to and Ito sometimes to waters the Fsrcrie 660 pits and other dangerous pistes Cf Comm 433 64 6415 Ms Tree Of proir39ampr39rr on s Hehrsisrn ior quotthe forbidden treequot 64 The pun is pathetically made by Spentee in amt Ii vii 55 t3 Here a on t iron that goodly golden fruit With which AI ontiut got his lover tress Whom he had long time sought with lruitltno suit 633 The Hebraisrn l eng rrr of M invoice is en plained by W Hunter in MLO IX I943 380 at a translation oi Bari Koo quota voice sent from heaurunquot but a revelation of God will oi less weight than an absolute command Eve is suitca ing the tllvine rohihition of the Tree of Knowledge 654 Art use of SI Psul39s remarit about the virtuous Gentiles who though outside Hebrew law were a slew unto lhernIelreIquot Rum ii I4 r AquotmtDtst LOST quot But of the Fruit oftl39tls fair Tree amidst The Garden pv Ye shall not eat Th 39I39 i not it lest ye die She scarce brief when new more hold The Tempter d show of Zeal and Love To Man and indignation at his wrong New PM put on and as to passion mov39d Fluctuates distutb39dye39t cordnely and in quotact 665 Rais d as of some gratt matter to begin As when of old some Qrator renown39d 670 in Athens or free Rorrte where Eloquence Flourish39d since rrtute to 1orne great cause addrest Stood in himself collected while each part Motion ench act won audience ere the tongue Sometimes in highth began as no delay 675 Of Preface broolting throttgh his Zeal of Right So standing moving or to highth upgrown The Tempter all impassion39cl thus began 0 Sacred Wise and Wisdomgiving Plant Mother of Science Now I feel thy Power 630 Within me clear not only to discern Things in thir Causes but to trace the ways Of highest Agents deem39d however wise Queen of this Univerte do not believe Those rigid threats of Death ye shallnot Die e 635 How should ye by the Fruit it gives you Life To Knowledge By the Th39reat39ncr loo on mee Mee who have touch39d and tasted yet both live And life more perfct have attain39d than Fate Meant mee by vent39rirtg higher than my Lot 690 Shall that be shut to Man which to the Beast is open or will God incense his ire For such a petty Trespass and not praise Rather your dauntless virtue whom the pain Of Death dcnounc39l whatever thing Death be 695 Deterr39d not from achieving what might lead To happier life knowledge of Good and Evil Of good how just of evil if what is evil Be real why not ltnown since easier shunn39d God therefore cannot hurt ye and be just 700 Not iust not God not fear39d then nor obey39d Your fear itself of Death removes the fear Why then was this forbid Why but to awe Why but to keep ye low and ignorant S 670675 Satan is abusing the art of the orator that Milton admired as it was practiced by the democratic orator of Athens who Wielded at will the erce Dernocraty vs 169 674 oudirnrr attention hearing 675 Jaipitit height of feeling lo Jrienre keeps its Latin meaning of quotknowle edgequot nag Aig err Agents active beings of the highest renlt angels or perhaps even God himself 63 quotAnd the serpent said unto the women ye eheli om surely diequot Gen iii 4 5355l7 LrIr To Knowledge life as well as knowledge 7oyog So Henry Lawrence to whose son Edward Hilton39s Sonnet Xx was addressed 1 plains in Our Communion and We ats39r i Angel I546 p 9 that when Satan tempted Eve he quotaccused Godquot and quottold her nley niould or u Gods knotsin good and rsrilf this temptation tooite now her intimated that God made that restraynt out of envy because hee would have none to great and so happy as himselfquot Inter pretin the fall philoso ically in Conmrare Cab irrire Henry More ad the serpent tell Eve PARADISE LOST noose ix 39 595 His worshippers he ltnows that in the day yo Ye Eat thereof your Eyes that see a so clear Yet are but dim shall rfetly be then Op39n39d and elear39d an ye shall be as Gods Knowing both Good and Evil as they ltnow quot That ye should be as Gods since I as Man Internal Man is but proportion meet I of brute human ee of human Gods So ye shall die perhaps by putting off Human to put on Gods death to be wisht Though threat39n39d which no worse than this can bring And what are Gods that Man may not become As they participating Godlilte food The Gods are first and that advantage use On our belief that all from them proceeds I question it for this fair Earth I see Warrn39d by the Sun producing every ltind Them nothin If they all things who enclos39d Knowledge o Good and Evil in this Tree That who so eats thereof forthwith attains Wisdom without their leave and wherein lies 75 Th o ense that Man should thusattain to ltnow What can your ltnowled e hurt him or this Tree lmpart against his will i all be his Or is it envy and can envy dwell in heav39nly breasts these these and many more 730 Causes import your need of this fair Fruit Goddess humane reach then and freely taste He ended and his words replete with guile Into her heart too easy entrance won Fixt on the Fruit she gaz39d which to behold 7 35 Might tempt alone and in her ears the sound Yet rung of his persuasive words impregn39d With Reason to her seeming and with Truth Meanwhile the hour of Noon drew on and walt39d An eager appetite rais39rl by the smell So savory of that Fruit which with desire lnclinable now grown to touch or taste Solicited her longing eye yet first Pausing a while thus to herself she mus39d Great are thy Virtues doubtless best of Fruits 715 Though ltept from Man and worthy to be admir39d Whose taste too long forborne at first assay Gave elocution to the mute and taught The Tongue not made ior Speech to spealt thy praise yto 7395 710 74 that quotGod indeed loves to ltrep his creatures in awe but A knows very well that if you talte your liberty with us and satlate ourselves freely with your own will your eyes soil or soon alerfsrily opened and like For know all rafting smiarsoerrr ur rtiler good or errilquot quotTo both More and Miltonquot says M Nieolson in quotin this passage in P0 VI 0917 t7 quotthe ethical Import of the fall is that man ollowed his Instincts and will not his reasonquot Cf I1778 below It 7st Interns Men corresponds to the sergsent s statement I dun above that his inward Powers have lsecunse human though his fnrrn is Unchanged 711 U dry htrrnlttcetl oi Istings 7Jt intporr indicate rmve 73 Immune may mean quotItind39quot hut Ants Oras is pruhnlsly sight in talting it literally ls cmnhinrd with Goddess in I typically Hiltunie ttIytnstfssf in MLR XLIX I934 55t 74s741 Eve in Gen iii 6 yields when she sees that the tree it quotgood for fond and I tree to be desired to rnalse one writequot 74 irtrr39nar easily inclined as Eve nrsw is 396 73 In plain in clear language PA RADISE LOST Thy praise hee also who forbids thy use Conceals not from us naming thee the Tree Of Knowledge ltnowled e both of ood and evil Forbids us then to taste rut his for idding Cornrssends thee more while it infers the good By thee communicated and our want For good unknown sure is not had or had And yet unknown is as not had at all in plain then what forbids he but to know Forbid us good forbids us to be wise Such prohibitions bind not But if Death Bind us with afterbands what pro ts then Our inward freedom In the day we eat Of this fair Fruit our doom is we shall die How dies the Serpent hee hath eat39n and lives And knows and speaks and reasons and discerns irrational till then For us alone Was death invented or to us deni39d This intellectual food for beasts reserv39d For Beasts it seems yet that one Beast which rst Hath tasted envies not but brings with joy The good befall39n him Author unsuspect Friendly to man far from deceit or guile e What fear I then rather what know to fear Under this ignorance of Good and Evil Of God or Death of Law or Penalty Here grows the Cure of all this Fruit Divine Fair to the Eye inviting to theTaste Of virtue to malte wise what hinders then To reach and feed at once both Body and Mind So saying her rash hand in evil hour Forth reaching to the Fruit she pluclt39d she eat Earth felt the wound and Nature from her seat Sighin through all her Works gave signs of woe iThat a l was lost Back to the Thicket slunlt The guilty Serpent and well might for live Intent now wholly on her taste naught else Regarded such delight till then as seem39d In Fruit she never tasted whether true Or fancied so through expectation high Of knowledge nor was Godhead from her thought Greedily she ingorg39d without restraint And knew not eatin Death Satiate at length And hight39n39d as wit Wine ioeund and boon Thus to herself she pleasingly began 0 Sovran virtuous precious o all Trees 77 Aut er ssrsrsupert authority not to be sus bidden lruit peeled 73 ear was the usual spelling for the past tense Probably the word rhymes with mu she reaeh39d away All the Worlds Blisse whil39st she the Apple took When low the Earth slid move the Heav39ns dul 7754 Cl IX toootooq and X 6st74 at was eating deatlt 75 73955 760 765 77 775 780 785 79 79395 mnnt s assertion that when Eve touched the for ay The thought was widespread In English poetry Beasts and Birds shiver39d absent Mam shook from lohn Govter39s expression of it In the Mnreur Jr i39Hormm ll a68tna6Bao to loseph llcItl Pycse vl 34 14 79 near us raring deeds knew not that she ln Paradise oi operation ihlett To Sa ienee hitherto obseur39d inlamhl And try fair Fruit let hang as to no end Created but henceforth my early care 39 Not without Song eachMornin and due praise Shall tend thee and the Eertileb Oithy full branehu ofier39d free to all Till dieted by thee I grow mature In knowledge as the Gods who all things know Though others envy whit they cannot give For had the gift been theirs it had not here Thus grown Experience next to thee l owe Best guide not following thee I had rtmain d in ignorance thou op39n39st Wisdonrfs way 39 And giv39st access though secret she retire And ll perhapsam secret Heav39n is high High and remote to see from thence distinct Each thing on Earth and other care perhaps Many have diverted from continual watch PampRMLilSE LOST BOOK 1 39 Eco orders ease 805 mo Bag Our great Forbiclcler sale with tillquot his Spies Aboot him But to Adam intwhat sort Shall I appear shall I to him make known As set my change and give him to partalte Ful happiness with rnee or rather not But keep the odds of Knougledlge in my power Ego Without Copartner so to add what wont ln Fernale Sex the more to draw his Love a And render me more equal and perhaps A thing not undesirable sometime Superior forinferior who is free 823 This may be well but what if God have seen And Death enwe then I shall be no more And Adam wedded to another Eve Shall live with her enioying I extinct A death to thinlt Con rrn39d then I resolve B3o Adams shall share with me in bliss or woe So dear I love him that with him all deaths 1 could endure without him live no life So saying from the Tree her step she torn39d But first low Reverenee done as to the power 835 That dwelt within whose presence had infus39dl lnto the plant seiential sap deriv39d From Nectar drink of Gods Adam the while 797 To Snysieerr Tgiltetl with power to confer wisdom r39nfnr39cIl misrepuled made the subieet ol evil fame lot The plural Codi sham that Eve is so wmtldslletl lhat she eexhoet Satan39s equivocal use til the word in I 7 above and that she ha been tleeeicved by his fellailing in ll no9 Cl l 16 n Ill seerI hitlelern unseen The thought re fleets lob nil lgI1 quotHow doth Cod ltnowi can he yudyge throuthe tlarlt cloudquot lag Contrast V 79193 32U33 Eve39s leslousy is a commonplace which has been traced to the Zelurr by D Smm in M39lran eat it marr39rs39urfr39Trnrr 39Jl rerim p Q to l ori39ppon by H Fletcher in JP XXI 1934 446 N39 to Rabbi Elieeer and oiher rahhiniieal murees by D PUd Allen in MLN Lxlll h9g3 sea to Iuhn Hercetrust Peter Martyr incl other Christian commentators by A Williams in Etporrironr llquot 13 and to Milton town invemivenesls by C S Lewis in Prrlurr p Ill 83 Milton seems to have been consciously vary ing the rterins ol Lydia demtion in the eloin lines of Hii rIee39s OJ till is familiar in trans lations hy Herrielt and Ben lrmson U37 rrirnrini fntlnwesl or emlnwing with knowl edge 395 PARADISE LO5T quotWaiting dieeirnuat her F rttlr had wove t I ht39rhiett F letequot39rt e Gerlend to adorn Her Tlrereee anti her rttral lahtors crown the Reetere elt are want this Harvest Queen Great iogr he 1ftremit tl te hit thou hts and new Solace ht her t39i lltl rn leg delay d Yet oft his heart divine of something ill Mlsgatre him hee the l39at39ring measure lelt And forth to meet her went the way she tool That htlern when First they parted by the Tree Ell liznolswltedige he rttltttt ttttlij thete he her met Etttrte lrent tte Tree raeturning in her hand heugh eF Eehest Ertsit that tieway smi39d blew gether39d and amhretiel ttttell di us39d Te hint the hnttetl in her late excuse Cent Frelegue and legit ll prompt hteh with hlatttl wt it at torill she thus addrest Hatt the net tiiquotn 39ntlEI39ltli Adam at In stay Thee El l39lj 39nI39E rnliettt ffttl thequotuighit it long epriv39d The 1IquotE5E tiElE agent ef lever till now Net llelt he shall he twliee let neuter more hleen I tel ttjt Wl tIl rash ltIquot1l fTl39 l sought The I ailt tit ahtenee rirerrt thy tight But strange Heth heen the tattte and W ttti rljul to heat This Tree it net at 39we ere teslld a Tree 5 Bl tlenlger ltettaetl her 7 etiil t1t39tilt39i ItT IquotF 1 tfnzingg the wait hut l Ditrinle eFleet Te spent Eret and t39rtIlit1e them Gods who taste tntl hath been ltaeteel melt the Serpent wise Ur Iteat rettriirtid at wee t net oheying Hath ETEZll39I not the liIT quotlV39ll and is laeeeme hlet tlead as we are lEl 1t iE39n39iEh hut thencelorth tH i tl t htimtam teiee end human sense FiiE IDNiHg tn a t39lt r1lt llltE11 end with mee l3ersuasithel3r hath In IretreiClquotd that l Haftf ate tasted anti ltartre else found Thquot e eett te e erremend ptrtfit mine Eyes Dim ertt elileteld Ehititsfa antpler Heart i39 39tt39 It5l gtrolwing up ten Gheed which or thee Ehiel y ll Sn39tttt l1l ttritheut thee ean destise Fer hfliiss at then hett part te me is b iss Tedieut ehhar39d width thee and odious soon Thett thearelere else tette that equal Lot Mary loin 1l1 7ql39l 39 Ill lt as sequel Love Lest that not tetrttlingt different degree lll39lEjBlt39l us end I then late renounce Deiity Fer thee 39t39tquotl IEt39t Fete will not rmit Thee Etre with E39etmtquotnaneet blitll her story told Th r i i 39wt39t39t39e E41 e i39sr ne lrtrlztee39t n539 illi Latinitm E IaII1tfii39I mrrritJ or tmlansiliar the trerh tIisrine39quotquot in E jet 1 heft Me j39aFrquotrhe rrteirsrr r39 the irregular H5 zt Jquottquotlml Eire F39rel 39agISe et39r IfIiE IiIaE tame ltlte the lltreulntLe age at 0 me LiIliIfl let tquotr39eI39itpt ttf leitil marvellotls nest ltztllewing teeter er lerntal tlietrenee ell her eo uet H64 rumJ ii luntetl I67 hurtJ proved by tasting 87 to lalnrirlrion to the 840 B45 B50 355 H60 H65 375 880 I185 I460 ranl mrri39J l39H39l39Illll I was nu II39Il it was point of seeming 4W PARADISE LOST And peril great provok39t who thus hath dar39d Had It been only covetin to Eye That sacred Fruit sacre to abstinence Much more to taste it under ban to touch But past who can recall or done undo Not God Omnipotent nor Fate yet so Perhaps thou shalt not Die perhaps the Fact is not so heinous now foretasted Fruit ProEan39d First by the Serpent by him rst Made common and unhallow d ere our taste Nor yet on him found deadly he yet lives Lives as thou said st and gains to live as Man Higher degree of Life inducement strong To us as likely tasting to attain Proportional ascent which cannot be But to be Gods or Angels Demigods Nor can I think that God Creator wise Though threat39ning will in earnest so destroy Us his prime Creatures digni 39d so high Set over all his Works which in our Fall For us created needs with us must fail Dependent made so God shall uncreate Be frustrate do undo and labor lose Not well conceiv39d of God who though his Power Creation could repeat yet would be loath 3 Us to abolish lest the Adversary Trium h and say Fickle their State whom God Most avors who can please him lon P Mee first He ruin39d now Mankind whom will he neat Matter of scorn not to be given the Foe However I with thee have Eat my Lot Certain to undergo like doom if Death Consort with thee Death is to mee as Life So forcible within my heart I feel The Bond of Nature draw me to my own My own in thee for what thou art is mine Our State cannot be sever39d we are one One Flesh to lose thee were to lose myself So Adam and thus Eve to him repli d 0 glorious trial of exceeding Love Illustrious evidence example highl ln aging me to emulate but short Olg thy perfection how shall l attain Adam from whose dear side I boast me sprung And gladly of ourUnion hear thee speak One Heart one Soul in both whereof god proof This day affords declarin thee resolv d Rather than Death or aug t than Death more dread Shall separate us linkt in Love so dear gas Juml which malres Ihe thought a generaliza tion is the reading oi the second edition Inst of the rst Sequot the discussion by B A Wright in 935 93 S135 94 945 93950 955 965 97 Aeneas phrase remss sstuds expressing his deter mination to leave Carthage Jess IV 551 960glp Eve application of the rm 5 low RES n s 39439 I954 no 94 Cf the meaning of Adversary in I 36 and VI ass 95 Certain resolved A Lalinisrn translating to Adam is restrained here in comparison with her pressure upon him in Grotius39 corres nduut scene in Alanna Eu V is Crlt slo 4 and in Andraini39s L39JJ39enso III is Cycle pp 15457 Elah fi D3573 LUST BOOK EX diii To undergo with men one Guilt one Crime Ii any be oi tasting this fair Fruit Whore virtue for of good stili good ptmeeds Direct or by occasion hath presented This happy trial of thy Love which else 975 So eminently never had been known Were it I thought Death rttenaeit would ensue This my attetrt to I would sustain alone cl not persuade thee rather die Deserted than oblige thee with a fact The worst an Pernieious to th Peaceehie y assur dl Rematitahly so ate of thy so true So faithful Love unef39quall39d but i feel Far otherwise th event not Death but Life Augmented op39n39d Eyes new Hopes new Joys Torte so Divine that what of sweet before Hath touch my sense Hat seems to this and harsh On my experience Adam ireely tasttr And fear of Death deliver to the Winds So saying she embrac d him and or joy mm Tenderly we t much won that he hit Love Had so enno I39d as of choice to incur Divine displeasure for her take or Death in recompense for such compliance had Sueh recompense laest merits from the bough 99 She gave him oi that iair enticing Fruit With liberal hand he scrupl39d not to eat Against his better ltnowled e not dectiv39d But fondly cream with ernale charm E ll trembld from her entriils as again 900 in pangs and Nature gave I second groan Slty low39r39d and muttering Thunder some sad drops Wept at completin of the mortal Sin Orin inal wlule A ans toolt rib thought Enung his ll nor Eve to iterate solos Her former tres ass fear39d the more to soothe Him with her ov39d itoeiety that now As with new Wine intoxicated both They swim in mirth and fancy that they feel Divinity within them breedin wings ICED Wherewith to Icorn the Earl it but that false Fruit Far other operation first display d Carnal desire in aming hee onEtre Began to east laseiivious Eyes she him As wantonly repaid in us they burn was Till Adorn thus gar E r to dIllial39Ctifl10Vc Eve now I see than are exact o taste pan Olrligc keeps its Latin aree oi quotinvolve in lilllt Ind deed of evil crime 999 C1 ll 9 I6 above n i i too in CD Ii CLE XV I80 Ba Milton Itotar that quottin orl hauled rst in the insti atialt of III devilquot end that quotundoubtedly all I tuned in 1quot He reengnital the quotprilneiple uniformly 39 upon in the divine roceedingt and reeom NId by all nations t the penalty incurred by the violation of things uered and such was the tree of the Tknowletlse of good and evil attaches not only to theeriminal hi tseii but to the whole of hit posterityquot 39 tony Milton plays on the literml and gurative meanings at um remembering Cicero remark li1litquot39II7 t oi discerning heartdotea not aiwayt laek e discerning palatequot D nch ii viii 492 PARADISE Lost And slssant no small Part Since to each gum And Palate 0 C nsngsavor we apply tthe raise I010 that art purvey39d Much we abstainquotd From this deliglitfiil Eruit nor known till now True relish v such pleasure be In things to us it mi ht be wish39d I013 For this one W forbtdden ten But come so will rtfresh39t now let us play As meet isafter such delicious Fare For never did thy Beautyfsince the day I saw thee Em and wedde ithce adorn39d to3o With all perfections soin ame my sense With ardor to enjoy now Than ever boungr of PP virtuous Tree So said e an 0 glance or toy Of amorous Intent well ll l lllflt0O l was Of Eve whose Eye darted conltagious Fire Her hand he seigid and to a shady hank Thiclt overhead with verdant roof trnbowr39d He led her nothingl loath Fow39rs were the Couch Pansies and Violets and Asphodel T And Hyacinth ft39cshest softest lap There they thir ll of Love and Love39s I040 isport Toolt largely of this mutual guilt the Seal The solace of thir sir llll dewy sleep 0ppress39d them wearied with thir amorous play 1045 Soon as the force of that fallacious Fruit That with exhilarating vapor bland About thir spirits had play39d and inmost powers Made err was now eahal39d and grosser sleep Bred of unltindly fumes with conscious dreams I050 Encumbcr39d now had left them up they rose As from unrest and each the other viewing Soon found thir Eyes how op39n39d and thir minds How darlt39n39d innocence that as a veil Ilad shadow39d them from knowing ill was gone I055 Iust con dence and native righteousness And honor from about them nalted left To guilty shame hee cover39d but his Robe Uncover39d more So rose the Danite strong Herculean Samson from the Harlotlap Of Philistean Delilah and walt39d to6o Shorn of his strength They destitute and bare Of all thir virtue silent and in face 39 so37 to45 The scene resembles that between Zeus and Hess in liiea XIV 9333 toss Cl the words of the lewd woman in Proverbs vii I8 quotCorrie let us talte out fill of love until the morning let us solace ourselves with lovesquot In Expositor p I15 Williann notes that the Protestant comrnentator lohn Hescertsa and the great Catholic Marin Hersenne more or lus favorably discussed the quotlewish notion that the lirst eflect of the fruit was to in uence carnal appetitequot nose The gramr sleep contrasts with Adam39s Aer light sleep in V 4 togo nnkindlys unnatural I053 The thought follows Psalm cit 19 quotLet mine adversaries be clothed with shamequot CI SA B4t 1 logo Samson whose betra al by his Philistlne wile Det39s39fa is recorded in Iutlges avi came of the tribe of Dan to aM64 Hilton had in mind the rst of the foul degrees of death that he de ned in CD is 3quot Cl I 4953 n PARADISE LOST BOOK ta sot Coniounded long they sat as strucit39n rnute Till Adam though not less than Eve abasht tort At length gave utterance to these word Eonstruin39d 0 Eve in evil hour thou didst give ear To thatfalse Worm oi whomsoever taught To counterfeit Man voice true inour Fall False in our promis39d Rising since our Eyes quot1070 Op39n39d we find indeed and find we ltnow Both Good and Evil Good lost and Evil got Bad Fruit of Knowledge if this be to know Which leaves us naked thus of Honor void Oi innocence of Faith of Purit tors Our wonted Ornaments now sotl39d and stain39d And in our Faces evident the signs Oi foul concupiscence whence evil store Even shame the last of evils of the first Be sure then How shall i behold the face to o Hencciorth of God or Angel erst with ioy And rapture so oft beheld those heav39nly shapes Will dazzle now this earthly with this b aze insufierably bright 0 might i ltere In solitude live savage in some glade I035 Obscur39d where highest Woods impenetrable To Star or Sunlight spread thir urnbrage broad And brown as Evening Cover me ye Pines Ye Cedars with innumerable bought Hide me where i may never see them more togo But let us now as in bad plight devise What best may forthe present serve to hide The Parts of each from other that seem most To shame obnoxious and unseemliest seen Some Tree whose broad smooth Leaves to ether sew39d I095 And girdcd on our loins may cover roun Those middle parts that this new comer Shame There sit not and reproach us as unclean So counsel39d hee and both together went into the thicltest Wood there soon they chose IIOO The Fivtree not that ltind ior Fruit renown39d But such as at this day to lndions known to7osoy Lilte most commentators Hiiton de rived the name of the Tree oi Knowledge quotlrosn the event or since Adam tasted it we not only ltnuw evil but we ltnow good niy by means oi evilquot CD I at C E XV tfi Cl Arrepegirira p 73 Io Cl quotthe shady roof Oi branchtnl Elm Starproolquot in Arcades B9 toll lvrosmv shadowy dark Ci ios rossus39J in IV 146 sagstog in CD I all C E XV aoqi Milton interprets quotThe ltnew that they were nakedquot Gen iii 1 as signsiying quota conscious degradation of mind whence arises shamequot as a result of which they sewed gleaves together and made them lclves apronsquot stottIo6 In Brogrepltia Lrrrrartis axii Cole ridge called these lines quotcreation rather than pains ingquot although he was aware of Wartonquots attribu 39 the extreme hetste oi the sun lion oi the passage to the description of the banyan or quotarched inslian Figtreequot in Gerard39s Herbal s59st lll easmt which declares that its leaves are as bread as the shields oi Arnaaons and that in branches touch the ground quotwhere they take tool and grow in such sort that those twigs beeumc great treeI by nteanes whereof it eetneth to paste that of one tree is made a great wood which the Indians tlts use for eoverture against Some cut loop holes or windowes in some places to the end to receiue thereby the iresh cool air as also lor the light that they may see their cattell that feed thereby From which vault dtith rebound sn ad mirable echo The rst or mother of this wood is hard to be ltnown from the childrenquot In M63939t pp 33 Svertdsen lists countless similar accounts of the Indian gtree in contemporary encyclopaedtas 404 PARADISE LOST in Malabar or Decan spreads her Arms Branchin so broad and long that in the ground The bcn ed Twigs take root and Daughters grow About the Mother Tree a Pillar39d shade High ovcrarch39t and echoing Walks between There oft the Indian Herdsman shunning heat Shelters in cool39and tends his pasturin Herd At Loopholes cut through thickest sha e Those Leaves They gather39d broad as Amazonian Targe And with what sltill they had together sew39d To gird thir waist vain Covering ii to hide Thir guilt and dreaded shame 0 how unlike To that First nalted Glory Such of late Columbus found th39 Arnericrrn so girt With feathcr39d Cincture naked else and wild Among the Trees on Isles and woody Shores Thus enc t and as they thought thir shame in part Cover d but not at rest or case of Mind They eat them down to weep nor only Tears Rain39d at thir Eyes but high Winds worse within Began to rise high Passions An er Hate Mistrust Suspicion Discord and shook sore Thir inward State of Mind calm Region once And lull of Peace now toss t and turbulent For Understanding rul39d not and the will Heard not her lore both in subiection now To sensual Appetite who from beneath Usurping over sotrran Reason claim39d Su rior sway From thus disternper d breast A am estrang d in loolt and alter39d style Speech intermitted thus to Err renew39d Would thou hadst hearlt39n39d to n1 words and stay39d With me as I besought thee when t at strange Desire of wand39ring this unha py Morn i know not whence possess39d tliee we had then Remain39d still happy not as now despoil39d Of all our good sham d haked miserable but none henceforth seclt needless cause to approve The Faith they owe when earnestly they see Such proof conclude they then be in to fail To whom soon mov39d with touc of blame thus Here What words have past thy Lips Adam severe Imput39st thou that to my default or will Of wand39ring as thou cal39st it which who knows But might as ill have happ39n39d thou being by 39 Or to thyself perhaps hadst thou been there Or here th attempt thou couldst not have discern d Fraud in the Serpent speaking as he spake No ground of enmity between us ltnown Why hee should mean me ill or sccit to harm I103 IIID III5 IIJO I15 H311 IIJ5 IIO I45 use nsaI us In CD I aii C E XV soy Mam H31 Aur39J nyic changed manner of speech punishment quotoonsists first in the loss or at least in Int ewe pouus Adam recalls Eve39s words the darkening to a great extent nl that right reason in II 33336 above which enabled him to discern the chief good and II The phrase is a Homeric warning to rash in which consisted the Iiie of the understandingquot speakers ii XIV g ct V1 4t and xn 9 EWRAUESE LUST BOUK ill 4lJ 5 Wait I to have never pattetl itotn thy sitle AI good have grown there still a liieleu Rib Being at I am with didtt not than the Head Command me lbti utely not to g Coin into such danger on the D aiet39m M55 Too pneile then thou didat not inueh ninny Nay didat permitupprove and fair lsmiss Hadst thou been rm anti xt in thy dinent H o Neither had I t39hiIlsl5r a39d nor that with thee To whornjhen nit lnoenst A39iadI repli39tl is this the Love is this the releompente OE mine to thee ingmteful Eve expresft Immutable when thou wert Eh not l 3355 Who might have llttiti and ioy39d immortal bliss Yet willingly chose rather Death with thee And am I now ll b raided as the leause DE thy tram resting not enough severe It seems in t y restraint what could I more H70 I warn39d thee I admonish thee furetolld The danger and the lurking Enerny That lay in wait beyoml this had been force And force upon fleet Will hath here no place But con dence then laore t ee on teeure H75 Either to meet no dan er or to nd Matter of glorious tril and i that I also err39din overrntmeh admiring What Ieem39d in thee to perfet that I thought No evil cltmt attempt thee but l me two That errobnow which it become my erime And thou th39 ilccuser Thus it p Eim who to worth in Woman ovemrusting V LI her Will mile restraint the willnot btoolt And left to herself if evil thence ensue ttllg Shee lint his weak indulgence will iceuse quotquot Thus they in mutual eeusni on spent The fruitless hours but Iteithler sell condemnilng And of this vein contest ppcgr d no end ATM End of M Ninmi Book H33 In I tllrierent tone Eve hm ealleael Adam her Hall in IV 4 H64 in II 93667 shave Eve has pmiud Adam lot his love cxprrttit lnlmuul tg i e proved uonT changeable by hit Icliotl l tt77 u8t M Nicohon is nmly right in recog nizing more dun a ehmee tetemblnnce between Milton euntmt at will with reatonj and Helmr HoI39E39l ttmt in Con v1yra Calv amtiea u n quotIpifit lreugn and mm lint u ruJ39n and quoten as rauhtiu ptwineiplut and upon Eve 1 tente iennlng the inltinetn no the WilL Cf ll 703 yog ibove n More value hi the Willi in spin of him treatment nf the lt39I1 Ipt39I linl39l at an exaggera tion at its il39 t39CE Itpol n lenninized Hnlnm leads towtml the ptyehollogieal intetprelution oi the Fill bjr llquot Tumet in quot Woman and the Fall of Manquot in Eltflilil Sm quot39 XXIX I945 1H and H Berlul39ilingeAt39I iquotMn s Part in the Fall of Wantonquot in Englitgi Sr J39 FD XXX 1963 L Illiljlg Wamcn is the tending of all the early editions Hut Bentley ememllgtion to Woman eeelrm ljteiitztble 115 SEARCH OF LOST TIME I SWANN S WAY E MARCEL PROUST lt TRANSLATED BY C c SCOTT MONCRIEFF AND TERENCE KILMARTIN quot REVISED BY D ENRIGHT REPRINTED WITH PERMISSION OF Pgs Modern Library Inc 224 233 ex e 3quot 345 351 In Search of Lost Time Vol 1 0 0 M Proust trans by Moncrieff et al 0 0 2004 Modern Library Inc THE MODERN LIBRARY NEW YORK 224 SWANN39S WAY X 5 9 It is perhaps from another impression which I re ceived at Montjouvain some years later an impression which at the time remained obscure to me that there arose long afterwards the notion I was to form of sadism We shall see in due course that for quite other reasons the memory of this impression was to play an im portant part in my life It was during a spell of very hot 39 weather my parents who had been obliged to go away for the whole day had told me that I might stay out as late as I pleased and having gone as far as the Montjou vain pond where I enjoyed seeing again the re ection of the tiled roof of the hut I had lain down in the shade and fallen asleep among the bushes on the steep slope over looking the house just where I had waited for my par ents years before one day when they had gone to call on M Vinteuil It was almost dark when I awoke and I was about to get up and go away but I saw Mlle Vinteuil or thought at least that I recognised her for I had not seen her often at Combray and then only when she was still a child whereas she was now growing into a young 39 woman who had probably just come in standing in front of me and only a few feet away in that room in which her father had entertained mine and which she had now made into a little sittingroom for herself The win 39 dow was partly openi the lamp was lighted I could watch her every movement without her being able to see me butif I had moved away I would have made a rustling COMBRAY 225 sound among the bushes she would have heard me and she might have thought that I had been hiding there in 39 order to spy upon her She was in deep mourning for her father had recently died We had not gone to see her my mother had not wished it by reason of a virtue which alone set limits to her benevolence namely modesty but she pitied the girl from the depths of her heart My mother had not forgotten the sad last years of M Vinteuil39s life his com plete absorption rst in having to play mother and nurs erymaid to his daughter and later in the suffering she had causedhim she could see the tortured expression which was never absent from the old man39s face in those last years she knew that he had nally given up hope of nishing the task of copying out the whole of his later work the modest pieces we imagined of an old piano teacher a retired village organist which we assumed were of little value in themselves though we did not despise them because they meant so much to him and had been the chief motive of his life before he sacrificed them to his daughter pieces which being mostly not even written down but recorded only in his memory while the rest were scribbled on loose sheets of paper and quite illegi ble must now remain unknown for ever My mother thought too of that other and still more cruel renuncia tion to which M Vinteuil had been driven that of a future of honourable and respected happiness for his daughter when she called to mind all this utter and crushing misery that had come upon my aunts old music teacher she was moved to very real grief and shuddered to think of that other grief so much more bitter which MlleiVinteuil must now be feeling tinged with remorse at 226 swANN s way having virtually killed her father quotPoor M Vinteuil my mother would say quothe lived and died for his daughter without getting his reward Will he get it now I wonder and in what form It can only come to him from herquot At the far end of Mlle Vinteuil s sitting room on the mantelpiece stood a small photograph of her father which she went briskly to fetch just as the sound of carriage wheels was heard from the road outside then ung her self down on a sofa and drew towards her a little table on which she placed the photograph as M Vinteuil had placed beside him the piece of music which he would have liked to play to my parents Presently her friend came into the room Mlle Vinteuil greeted her without rising clasping her hands behind her head and moving to one side of the sofa as though to make room for her But no sooner had she done this than she evidently felt that she might seem to be imposing on her friend a posture which she might consider importunate She thought that her friend would perhaps prefer to sit down at some dis tance from her upon a chair she felt that she had been indiscreet her sensitive heart took fright stretching her self out again over the whole of the sofa she closed her eyes and began to yawn as if to suggest that drowsiness was the sole reason for her recumbent position Despite the brusque and hectoring familiarity with which she treated her companion I could recognise in her the obse quious and reticent gestures and sudden scruples that had characterised her father Presently she rose and came to the window where she pretended to be trying to close the shutters and not succeeding quotLeave themopenquot said her friend I39m hotquot COMBRAY 227 quotBut it s too tiresome People will see us Mlle Vin teuil answered But then she must have guessed that her friend would think that she had uttered these words simply in order to provoke a reply in certain other words which she did in deed wish to hear but from discretion would have pre ferred her friend to be the first to speak And so her face which I could not see very clearly must have assumed the expression which my grandmother had once found so delightful when she hastily went on quotWhen I39say see us I mean of course see us reading quotIt39s so tiresome to think that whatever trivial little thing you do someone s eyes are on you With an instinctive rectitude and a gentility beyond her control she refrained from uttering the premeditated words which she had felt to be indispensable for the full realisation of her desire And perpetually in the depths of her being a shy and suppliant maiden entreated and reined back a rough and swaggering trooper quotOh yes it39s so extremely likely that people are look ing at us at this time of night in this densely populated districtquot said her friend sarcastically quotAnd what if they are she went on feeling bound to annotate with a fond and mischievous wink these words which she recited out of goodnaturedness as a text which she knew to be pleasing to Mlle Vinteuil in a tone of studied cynicism quotAnd what if they are All the better that they should see N US 228 SWANN393 war the scene for which her eager senses clamoured She reached out as far as she could across the limitations of her true nature to find the language appropriate to the vi cious young woman she longed to be thought but the words which she imagined such a young woman might have uttered with sincerity sounded false on her own lips And what little she allowed herself to say was said in a strained tone in which her ingrained timidity paralysed her impulse towards audacity and was interlarded with quotYou re sure you aren39t cold You aren39t too hot You don39t want to sit and read by yourself quotHer ladyship39s thoughts seem to be rather lubricious this eveningquot she concluded doubtless repeating a phrase which she had heard used by her friend on some earlier occasion In the V shaped opening of her crape bodice Mlle Vinteuil felt the sting of her friend39s sudden kiss she gave a little scream and broke away and then they began to chase one another about the room scrambling over the furniture their wide sleeves fluttering like wings clucking and squealing like a pair of amorous fowls At last Mlle Vinteuil collapsed on to the sofa with her friend lying on top of her The latter now had her back turned to the lit L tle table on which the old musicmaster39s portrait had been arranged Mlle Vinteuil realised that her friend would not see it unless her attention were drawn to it and so exclaimed as if she herself had just noticed it for the first time quotOh there39s my father39s picture looking at us39I can39t think who can have put it there I39m sure I39ve told them a dozen times that it isn t the proper place for it 39 I remembered the words that M Vinteuil had used to comsmv 229 my parents in apologising for an obtrusive sheet of music This photograph was evidently in regular use for ritual profanations for the friend replied in words which were clearly a liturgical response Let him stay there He can t bother us any longer D39you think he39d start whining and wanting to put your overcoat on for you if he saw you now with the window open the ugly old monkey To which Mlle Vinteuil replied in words of gentle re proach quotC39orne comequot which testified to the good ness of her nature not that they were prompted by any resentment at hearing her father spoken of in this fashion for that was evidently a feeling which she had trained herself by a long course of sophistries to keep in close subjection at such moments but rather because they were a sort of curb which in order not to appear sel sh she herself applied to the grati cation which her friend was attempting to procure for her It may well have been too thatthesmiling moderation with which she faced and answered these blasphemies that this tender and hypo critical rebuke appeared to her frank and generous nature as a particularly shameful and seductive form of the wickedness she was striving to emulate But she could not resist the attraction of being treated with tenderness by a woman who had shown herself so implacable towards the defenceless dead and springing on to her friend39s lap she held out a chaste brow to be kissed precisely as a daugh ter would have done with the exquisite sensation that they would thus between them inflict the last turn of the screw of cruelty by robbing M Vinteuil as though they 39 were actually ri ing his tomb of the sacred rights of fa therhood Her friend took Mlle Vinteuil39s head between her hands and placed a kiss on her brow with pa docility 230 SWANN39S war prompted by the real affection she had for her as well as by the desire to bring what distraction she could into the dull and melancholy life of an orphan quotDo you know what I should like to do to this old horror she said taking up the photograph And she murmured in Mlle Vinteuil s ear something that I could not distinguish quotOh You wouldn39t darequot Not dare to spit on it On that said the friend with studied brutality I heard no more for Mlle Vinteuil with an air that was at once languid awkward bustling honest and sad came to the window and drew the shutters close but I lltnew now what was the reward that M Vinteuil in re turn for all the suffering that he had endured in his life time on account of his daughter had received from her after his death I c And yet I have since re ected that if M Vinteuil had been able to be present at this scene he might still in spite of everything have continued to believe in his daughter39s goodnessquot of heart and perhaps in so doing he would not have been altogether wrong It was true that in hllle Vinteuil s habits the appearance of evil was so abso lute that it would have been hard to nd it exhibited to such a degree of perfection outside a convinced sadist it 1 is behind the footlights of a Paris theatre and not under the homely lamp of an actual country house that one ex pects to see a girl encouraging a friend to spit upon the portrait of a father who has lived and died for her alone and when we find in real life a desire for melodramatic ef fect it is generally sadism that is responsible for it It is possible that without being in the least inclined towards COMBRAY 231 sadism a daughter might be guilty of equally cruel of fences as those of Mlle Vinteuil against the memory and the wishes of her dead father but she would not give them deliberate expression in an act so crude in its sym bolism so lacking in subtlety the criminal element in her behaviour would be less evident to other people and even to herself since she would not admit to herself that she was doing wrong But appearances apart in Mlle Vin teuil39s soul at least in the earlier stages the evil element was probably not unmixed A sadist of her kind is an artist in evil which a wholly wicked person could not be for in that case the evil would not have been external it would have seemed quite natural to her and would not even have been distinguishable from herself and as for virtue respect for the dead filial affection since she would never have practised the cult of these things she would take no impious delight in profaning them Sadists of Mlle Vinteuil39s sort are creatures so purely sentimental so naturally virtuous that even sensual pleasure appears to them as something bad the prerogative of the wicked And when they allow themselves for a moment to enjoy it they endeavour to impersonate to identify with the wicked and to make their partners do likewise in order to gain the momentary illusion of having escaped beyond the control of their own gentle and scrupulous natures into the inhuman world of pleasure And I could under stand how she must have longed for such an escape when I saw how impossible it was for her to effect it At the moment when she wished to be thought the very antithe sis of her father what she at once suggested to me were the mannerisms in thought and speech of the poor old pianoteacher Far more than his photograph what she 232 j SWANN39S wmr quot really desecrated what she subordinated to her pleasures though it remained between them and her and prevented her from any direct enjoyment of them was the likeness between her face and his his mother39s blue eyes which he had handed down to her like a family jewel those ges tures of courtesy and kindness which interposed between her vice and herself a phraseology a mentality which were not designed for vice and which prevented her from recognising it as something very different from the num berless little social duties and courtesies to which she must devote herself every day It was not evil that gave her the idea of pleasure that seemed to her attractive it was pleasure rather that seemed evil And as each time she indulged in it it was accompanied by evil thoughts such as ordinarily had no place in her virtuous mind she came at length to see in pleasure itself something diaboli cal to identify it with Evil Perhaps Mlle Vinteuil felt that at heart her friend was not altogether bad nor really sincere when she gave vent to those blasphemous utter ances At any rate she had the pleasure of receiving and returning those kisses those smiles those glances all feigned perhaps but akin in their base and vicious mode of expression to those which would have beenevinced not by an ordinarily kind suffering person but by a cruel and wanton one She could delude herself for a moment into 39 believing that she was indeed enjoying the pleasures which with so perverted an accomplice a girl might en joy who really did harbour such barbarous feelings to wards her father39s memory Perhaps she would not have thought of evil as a state so rare so abnormal so exotic one in which it was so refreshing to sojourn had she been able to discern in herself as in everyone else that indif cromsrmv 233 ferenee to the sufferings one causes which names one gives it is the mo of cruelty whatever other st terrible and lasting form gQ K 7 Meanwhile the septet which had begun again was moving towards its close again and again one phrase or another from the sonata recurred but altered each time its rhythm and harmony different the same and yet something else bZ things recur in Le and they were phrases of the sort which without our being able to un derstand what affinity assigns to them as their sole and necessary abode the quotpast of a certain composer are to be found only in his work and appears constantly in his work of which they are the spirits the dryads the famil iar deities I had at first distinguished in the septet two or three which reminded me of the sonata Presently hathed in the violet mist which was wont to rise particu larly in Vinteuil39s later work so much so that even when he introduced a dance measure it remained captive in the 346 THE caprrvs PY f opal I taught a pL of anether pl1ilfaEE froth the senate still so dist ant that p scarszlely 139ecogquot11is e it hesitantly it approached vanished as thugh 0 P than retursned intertwinved with sthers that had eorne as I later learned from other works summoned yet others which became in their turn seductive and persuasive as soon as they were tamed and took their places in the round the divine round that yet remained invisible to the bulk of the audience who having before their eyes only a dim veil thrnugh wlmich they saw nothing punctuated ar bitrarily with a if O sing exrlamations a continuous bore dom of which they thought they would die Then the phrases withdrew save one which I saw reappear ve times or six without being able to distinguish its features but so caressing so different as no doubt the little phrase from the sonata had been for Swarm from any thing that any woman had ever made me desire that this phrase this invisible creature whose language I did not know but whom I understood so well which offered me in so sweet a voice a happiness that it would really have been worth the struggle to obtain is perhaps the only Un known quotWoman that it has ever been my good fortune to meet Then this phrase broke up was transformed like the little phrase in the sonata and became the mysterious call of the start A phrase of a plaintive kind rose in an swer to it but so profound so vague so intemal almost so organic and visceral that one could not tell at each of its reentries whether it was a theme or an attack of neu ralgia Presently these two motifs were wrestling together in a close embrace in which at times one of them would disappear entirely and then only a fragment of the other could be glimpsed A wrestling match of disembodied en THE omrlrvls 347 ergies ody to tell the truth for if these creatures con fronted one another they did so stripped of their physical bodies of their appearance of their names finding in me an inward spectator himself indifferent too to names and particulars to appreciate their l p p aterial and dy namic combat and follow passionately its sonorous vicissi tudes in the end the joyous motif was left triumphant it was no longer an almost anxious appeal addressed to an empty sky it was an ineffable joy which seemed to come from paradise a joy different from that of the sonata as some scarletclad Mantegna archangel sounding a trumpet from a grave and gentle Bellini seraph strumming a the orbo I knew that this new tone of joy this summons to a supraterrestrial joy was a that I would never foret But would it ever be attainable to me This question seemed to me M the more important inasmuch as this phrase was what might have seemed most eloquently to cha139acterise as contrasting so sharply with all the rest of my life with the visible world those impressions which at remote intervals I experienced W my life as starting points foundation stones for the construction of a true life the impression I had felt at the sight of the steeples of Martinville or of a line of trees near Balbec In any case to return to the particular accent of this phrase how strange it was that the presentiment most different from what life assigns to us on earth the boldest approximation to the bliss of the Beyond should have rnaterialised pre cisely in the melancholy respectable little bourgeois whom we used to meet in the Month of o at Com brayl But above all how was it possible that this revela tion the strangest that I had yet received of an unknown type of joy should have come to me from him since it 348 THE CAPTIVE was said when he died he had left nothing but his sonata everything else existing only as indecipherable scribblings Indecipherable they may have been but they had never theless been in the end deciphered by dint of patience intelligence and respect by the only person who had been suf ciently close to Vinteuil to understand his method of working to interpret his orchestral indications Mlle Vin teuil39s friend Even in the lifetime of the great composer she had acquired from his daughter the veneration that the latter felt for her father It was because of this venera tion that in those moments in which people run counter to their true inclinations the two girls had been able to take an insane pleasure in the profanations which have al ready been narrated Her adoration of her father was the very condition of his daughter39s sacrilege And no doubt they ought to have forgone the voluptuous pleasure of that sacrilege but it did not express the whole of their na tures And moreover the profanations had become rarer until they disappeared altogether as those morbidly carnal relations that troubled smouldering con agration had gradually given way to the ame of a pure and lofty friendship Mlle Vinteuil s friend was sometimes tor mented by the nagging thought that she might have has tened Vinteuil s death At any rate by spending years unravelling the scribblings left by him by establishing the correct reading of those secret hieroglyphs she had the consolation of ensuring an immortal and compensatory glory for the composer over whose last years she had cast such a shadow Relations which are not sanctioned by the law establish bonds of kinship as manifold as complex and even more solid than those which spring from mar riage Indeed without pausing to consider relations of so THE cnerrve 349 special a nature do we not find eyery day that adultery when is based on genuine love does not wealren B e 0 y feelings and the duties of kinship but rather reviyi es them Adultery then brings the spirit into what marriage would often have left a dead letter A good daughter who will wear mourning for her mother39s second husband for reasons of propriety has not tears enough to shed for the man whom her mother singled out as her lover In any case Mlle Vinteuil had acted only out of sadism which not excuse her though gave la 0 conslolast tion to so later on No doubt she must have re alised I told myse at the moment when she and her friend had profaned her father39s photograph that what they were doing was merely morbidity silliness and not the true and joyous wickedness which she would have liked to feel This idea that it was merely a pretence of wickedness spoiled her pleasure But if this idea recurred to her later on since it had spoiled her pleasure so it rnust ihave diminished her grief quotlit wasn39t me she must have told herself quotI was out of my mind I can still pray for my father39s soul and not despair of his forgivenessquot Only it is possible that this idea which had certainly oc curred to her in her pleasure may not have occurred to her in her grief i would have liked to be able to put it into her mind I 0 sure that I would have done her good P I could have re resstabtlislhed between her and the 39 memory of her father a more comforting relationship As in the illegible notebooks in which a chemist of genius who does not know that death is at hand jots down discoveries which will perhaps remain for ever un known Mlle Vinteuil39s friend had disentangled from pa pers more illegible strips of papyrus dotted with a 350 I quotTHE caprrvs cuneiform script the formula eternally true and for ever fertile of this unknown joy the mystic hope of the crim son Angel of the Dawn And I for whom albeit not so much perhaps as for Vinteuil she had also been had just been once more this very evening by reawakening my jealousy of Albertine was to be above all in the future the cause of so many sufferings it was thanks to her in compensation that I had been able to apprehend the strange summons which I should henceforth never cease to hear as the promise and proof that there existed some thing other realisable no doubt through art than the nul lity that I had found in all my pleasures and in love itself and that if my life seemed to me so futile at least it had L not yet accomplished everything What she had enabled us thanks to her labour to know of Vintenil was to all intents and purposes the whole of Vinteuil s work Compared with this septet cer tain phrases from the sonata which were all that the pub lic knew appeared so commonplace that it was difficult to understand how they could have aroused so much ad miration Similarly we are surprised that for years past pieces as trivial as the Song to the Evening Star or Elisa r l7eth s Prayer can have aroused in the concerthall fanatical worshippers who wore themselves out applauding and shouting encore at the end of what after all seems poor and trite to us who know Tristan the Rhinegold and the i Mastersingers I One must assume that those featureless melodies nevertheless already contained in in nitesimal and for that reason perhaps more easily assimilable quan tities something of the originality of the masterpieces which alone matter to us in retrospect but whose very perfection might perhaps have prevented them from being THE CAPTIVE 351 understood those earlier melodies may have prepared the way for them in people39s hearts But the fact remains that if they gave a vague presentiment of thebeauties to come they left these in complete obscurity The same was true of Vinteuil if at his death he had left behind hirn ex t cepting certain parts of the sonata only what he had been able to complete what we should have known of him would have been in relation to his true greatness as inconsiderable as in the case of say Victor Hugo if he had died after the Pas d Armes du Roi Jean the Fianc e du Timbalier and Sarah la Baigneuse without having written a line of the L gende des Si cles or the Contemplations what is to us his real achievement would have remained purely potential as unknown as those universes to which our perception does not reach of which we shall never have any idea ltquot Fyodor Dostoyevslcy Stav ro g l n 39 s C 0 n f e S S I O n Random House Inc excerpts Stavrogirfs Confession F Dostoyevskky 1963 Random House Inc u nnujjjcj uma ldl n9 1 I That night Nikotay Vsyeyoloctoyitch did not sleep and he spent the whole of it sitting on the sofa otten staring hard at one point in the corner by the chest ol drawers A lamp was burning in his room all night About seven in the morning he tell asleep sitting up and when according to the established custom Alexey Yegorytch entered the room with the morning cup ol collee exactly at hall past nine and woke his master up by his appear ance the latter opened his eyes seemingdisagreeably surprised to ttnd that he could have slept so long and that the hour was so late He drank his collee hastily dressed quickly and hurriedly tell the house To Alexey Yegorytch s cautious query as to whether there were any orders he made no reply Once in the street he walked looking at the ground deep in thought only at moments tilting his head and betraying a vague yetinlense uneasiness At one street corner while he was still near home a crowd ot peasants some titty men or mere crossed his path they marched with dignity almost silently in ordered lormation At a small shop where he was lorced to wait a while some one said that these were the quotShpiguiirl workmenquot He hardly noticed them Finally at about hall past ten he reached the gates of the local SpasYelimyev Bogorodsky Monastery on the outskirts ol the town by the river It was only then that he seemed to recall some thing alarming and troublesome He stopped short tell tor something in his sidepocket and grinned llaying entered the enclosure he asked the lirstservant who came along to direct him to the bishop Tihon who was living in retirement at the monastery The servant bowed repeatedly and immediately led l rom The Possessed by Fyorlor nosloyevsky trans by Nlrttttlttlm Yernletlnsjsy Cettyriglrt I936 tutu renewed H63 by llendent House inc Reprinted by permission ol the pulttisher CJC39tCl39J REPRINTED WITH PERMISSION OF Pgs 39 0 0 0 1 5lavrogin39s Contession 7 the way Near a little lligllt ol gtapsat the end ol the long two story monastery building a stout grizzled monk encountered them and with bold dispatc 1 snatched Stavrogin lrom the servant The monk led him lhrotgh a long narrow corridor bow ing perpetually although beca JSEI ol his stoutness he could not make a low obeisance but simply kept Jerking his head up and down and continually Inviting hlm to lollow in spite oi the tact that39Nikolay Vsyevolodovitch lollowed hlm anyhow The rnonk kept on asking questions and talking about Father Archimandrile but getting no response he beama more and more deterentiat Stavrogin noticed that he was lmowni here although as tar as he could recall he had only visited the place as a child when they reached the door at the very end ol the passage the monk opened it with an EIutho39italive hand as it were inquired with a show oi lamiliarity ol the novice who sprang up at their appearance whether they could come in and without waiting tor his answer threw the door wide open and bowing let In the quotdearquot visitor Upon receiving Stavrogin39s thanks he vanished preclpitetaly as though ltleeing Nikotay Vsyevotedovitch entered a smallish room and there appeared almost simultaneously in the doorway ol tltefatljoirting room a tail lean man about titty live years old in a plain indoor garment which is usually worn under the cassock He looked omewhat sickly and had a vague srnilu and astrarigerather sliyexpresstgp this was Tilion ol whom Nikolay Vsyevolodovitch had llrst heard lrom Shatov and about whom he hlmsetl had n the meantime collected some lntorrnatlon by the way The lnlorrnation was varied and contradictory but one tact stood out namely that both lllu people who loved him and those who did not and such there were spoke ol him with a certain reserve those who disliked hlm perhaps out oi contempt and his admirers even ardent ones because ot discretion as though they wished to conceal sometning perhaps a weakness ot his possibly something like sainIy lolly Nikolay Vsyevolodovitch had learned that Tihon had been living in the monastery tor some six years and that he was visited by people ol both the lowest and the highest ranks that even in distant Pelershurg he had most ardent admirers chletty vornen On the other hand lrom one of our personable old men a olubman who was yet devout he heard that quotthis Tlhon ls lttlrl crazy and undoubtedly drinksquot Anticipating upon the course of events let me add lnr my own part that this assertion was sheer nonsense and that it Tlhon sultererl lrom anything it was rem e rheumatic pain In his legs which was ol long standing and attimes lrom obscure nervous spasms Nikolay Vsyevolodovllch also learned that whether 3 Guilt and Shame because of weakness ol character or fan unpardonable absent mindedness inappropriate to his rank the retired bishop tailed to command any unusual degree of respect in the monastery itself it was said that Father Archimandrite an austere man rigid in the periormance oi his duties as prior and iurthermore known lor his learning cherished something like an animosity as it were against Tihon and condemned him not to hlslace but indirectly tor his careless way ol living and tor being all but a herelic Furthermore the brethren treated the invalid prelete not exactly disrespectiully but rather with easy iamillarity The two rooms which termed Tihon39s cell were oddly lurnitsthect Alongside oi clumsy oldlashioned iurniture upholstered in shabby leather stood three or tour elegant pieces a luxurious easy chair a large writingtable oi excellent iinish an exquisitely carved bootlvcase little tables whatnotsall oi course gills There was a costly Bokhara rug and side by side with it ordinary mats There were engravings representing both secular and mythological subiects and in the corner a large shrine asweil holding ittons gleaming with gold and silver one oi them an ancient piece containing saintly relics The library too it was said was ot an all too varied and contlictilng character besides the works ol the great saints and worthles oi the Church there were theatrical compositions and novels and quotmaybe something much worsequot Alter the lirsl greetings spoken tor some reason with obvious mutual embgrrassment in hasty and indistinct syllables Tihon led the vi towrto hlls study and with the same apparent haste made him sit on a sole betore atable while he hltmsetl took a seat nearby in a wicker armchair Here surprisingly enough Nikolay Vsyavolodovitch completely lost his composurefll seemed as it he were making violent eilorts to bring hlmsell to do something extraordinary something incontrovertible and yet alrnost im possible tor him to execute For a low moments he let his eyes wander over the room obviously without seeing what he was iOOi39til39tQ at then he grew thoughtlul but perhaps did not know E what he was thinking about The quiol roused him and suddenly it 5t3trtlLti to him that Tihon looked dowri bashlullyas it were and with an odd and altogether irrelevant smile For an instant this moved him to disgust and rebellion he wanted to rise and go he iancied that Tihon was actually drunk But the latter sud denly tilted his eyes and looked at him with a glance so that and lull ol thought and at the same time so unexpected and puzzling that Stavrogin almost started And now suddenly another notion occurred to him namely that Tihort already know why he had come that he had already been lorewarned although no one In Stavroaln s Conlession B the world could have known the reason and that it he had not spoken llrst It was In order to spare him It was tor Iearol humili tr ating him uiar gj quotDo you know mequot he asked abruptly quotDid I Introduce rnysell when I came in Excuse me I am so absentmindedquot quotYou did not Introduce yoursell but I had the pleasure ol see 39ing you once some lour years ago here In the monastery by chancequot Tihon spoke In an unhurried soil even voice articu lating the words clearly and distinctlyi 39 quoti wasn39t at the monastery lou39r years sgo 39retorted Nikolay Vsyevolodovitch with unnecessary rudeness quotl was here only as a child belore you had come at all quotPerhaps you have lorgottenquot observed Tihon cautiously and without insistence quotNo I haven39t lorgotten And It would be ridiculous it I hadquot lnsisted Slavrogtn on his part with escesslve emphasis quotPer haps you have only heard about me and formed an Idea ell me and then you Imagined that you had seen me yoursellf Tihon dld not answer It was only then that Stavrogih noticed that Tihon s Ieaturas twltched here time to llme a symptom or a nervous disorder ol long standing quotI see only that you are not well todayquot he said quotancl perhaps I had better leavequot He even made a motion as It to rise lrem his seat quot quotYes towday and yesterday I have had severe paths In my legs and I had little sleep last nightquot 39 39Tihon stopped His guest suddenly tell Into a vague reverie The silence lasted a long Ilme some two minutes quotHave you been watching mequot he asked suddenly alarmed and susplclous quotI was looking at you and I recalled your mother39s lealures Although there is no external likeness there Is much internal quotspiritual resemblancequot quotNo resemblance particularly snlrllual Not the slightestquot sald Nilcolay Vsyevolodevitch needlessly alarmed and with an overemphasis lor which he could not account to hlmsell quotYou say this just like that oul ol pity for my situationquot he suddenly blurted out quotljahl Does my mother come to youquot quotShe39doesquot 39 39 quotDidn39t know it Never heard about it from her Dllenquot quotAlmost every month and oltenerquot quotNever never heard ol it Havrn t heard of II3939 This seemed to upset him terribly quotAnd ol course she has told you that I are madquot he blurted out again quotNo not exactly mad Still I have heard others say 50quot 10 Built and Shame lriou rnust havo a good mremiorry to recatil stuvchr triNes And d ii3d you hear about the stepquot 3939I heard sornethingquot You mean all about llquot You rnutst have ptionly ol tlrna to listen to such things And about the duelquot quotAbout the dual tooquot quotYou donquott need newspapers here Has Shalov warnredi you about mequot No I am acquainted with Mr Shatov though but I haven39t seen him tor along time quotH ml What39s that map there Baht a map of the last war What good is that to youquot quotI used the map in connection with this text A most Interesting accounL 39 quot39let rno see yes lairly good style But this is rather odd reading lor youquot He drew the volume toward him and glanced at it It was a com prehensivre and able aoc ounl oi the icilirouirnslianrcas not the late weir presented rather lrorn the purely literary than lrorn the rnllitanr angle He turned the book about and suddenly with an Impatient rnoire ment tosed it asiide quotI certainly don39t know why I have come here he said with disgust loottin straight Into Tlhon39s eyes as though expecting an a naswer lrorn irn quotYou too seem to be somewhat indlsposedquot quotYes pirnapsquot And sudd en Ily R worlds so b riel and dlscvonnected as to be somewhat obscure he began to speak of how he sullered espe cially at night lrom certain strange hallucinations how he some times saw or tell t39l os a ibnesiide ihitm an elrilt l ibelngz rdier1isJivo and quotrationalquot quotit shows dillerent laces and assumes dillerent izharaczters and yet is always the same and always lnluriales me These disclosures were wild and incoherent and really seemed to come lrom a madman And yet Nikolay Vsyevolodovilch spoke with such strange unaccustomed lranlcniess with aa oanrdor so entirely loreign to him that it seemed as though his former sell had suddenly and unexpectedly disappeared He was not at all ashamed to show the terror with lwhich the apparition lnispiredf him But all this lasted only a moment and vanished as quickly as it had come quotquotIt39s all nonsense he caught hirnsaelll up iswtiltlly and with awkward chagrin 3939I will go to see a doctorquot quotNo doubt you shouldquot Tihon agreed Slev rogin39s l olrlllessllernl l l quotYou speak so conlidenlly Have you mel people who had hallucinations Ilka minequot quotYes bulvery rarely l remember only one case an army ellicer ll happened aller he had lesl Ills spouse his Irreplaceable lilo rernpani e n OI anollheer case I lmeow only by lle a rsay Bsolh man went tabroad lor lrealrnaenl And how long have you been subject lo lhlsquot quotAbdul a year but it39s all nonsense I39ll go lo see a dealer We all nonsense lrighllul nonsense ll mysell In various lorrns nolhing else Since I have lusl added lhls lasl phrase you musll surel1y il hinllt lhal ll slill have sorlle dou bl as lo wllrellher ills I or whether ll39s nel really lhe CiE39 39 Tihon looked at him inqulring y quotAnd and do you really see IllI1quotl39l8 asked llmreby pulling aside all doubl ol ils plainly being no more men a lalse and mor bid halluclnalien quotdo you really see a delinilo Imagequot II is slllsrlalngl e Wlall f U ll sh ouzld per si sil l n eslrillrlsg rel when l ill awe already leld you lhal I doquot Again Slawepin becarne more and more irrilaled wilh each word quotOI course lsee him I see him jusl as plainly as I see you and sornelimes I see lrim bul I am nel cerlaln lhal I see l1irnallhoughl do see hlm And sometimes I do nol know who is real he or I l39s all nornseneo And you carlquot39l you ilagin e ll El I ll rieallly lie llle dewl Il ll be ad d ed laluhilng and passing loo abruplly lnlo a derisive lone quotll would be more in keeping wllh your callingquot quotlife more likely a disease allheugh quotAllhough whal quotDevils undoubledly exisl bul our cenrreplions osl lhem dliller wid ely quotJusl new you dropped your eyes againquot said Slavrogin will an lrrllable laugh quotElecause you were as IQ 1lQlquot me since while I believe in the devil by pretending l don39l I am slyly pulling a question lo you does he really exlsl or nelquot Tihojn srnlled ivlagwuelly quotW7ellil lllen let me lelll you MElil IUiy lhal II are not at all asllanled and lo make up lor my rudeness I will say boldly and in all serious ness I do believe In lhe devil I believe cenonlcaIIyina personal not In an allegory and I don need conlirnlalien lamp o h39 5h body That39s lhe whole storyquot He glawe a nervo us usnnsalilrmall leuri h TiilOll l39 lleo llted all hlnl inler esledly bul wilh a limid and wilhall gonlle glances quotYou believe In Godquot Nikeley Vsyevelodovilcll blurled oul 3939I do believequot quotII is wrillen isrfl ll lhal ll you have lailh and bid a mounlain 1 2 Guilt and Shame trreitmovet tivtsett henice it will do so However pardon this non sense Still I am curious to know can you remove a mountain or can39t you quotit God eornman ds i will remtw e itquot said Tihort in tow restrained voice dropping his eyes again 3 but that woutd be the same as it God Himself removed it No you jyouwill you be able to do it as a reward tor your laith in Godquot quotPe rhaps i shall notquot quot39Pert1aps39t That39s not bad Hal hat You are still a doubler then quotI doulnt because my laith is imperlectquot quotWhat Even your taith is irnpertect Well I wouldn39t have supaooseci it to toolc at youquot He suttdiotvetrnttiyt stared at Tihon with wholly naive amazement which did not at all harmonise with the dorisive tone at the previous questions quotYes Perhaps my laith is imperlectquot answered Tihort At any rate you tettetre that thougih it only with God39s help you could rezmove it and that39s no small rnatter At least you wish to believe And you take the mountain tlter39atty That is a great deal A good principle I have notited that the more atvaneed of our Levites are strongly inclined towarrJ Lutherrainiiisran and are quite ready to explain miracles by natural causes Anyhow that is rnore thanfthe ire pee oi tone archh ishop who said it true enough at the swords point And of course you are a Christian too Stavrogin spotre rapidly his ltuent worets how serious new dorisive perhaps he did not hirnselt know why he was talking as he ate asilti n g qutestiohs gettirtg extitertf growing curious quotLet me not be ashamed ol Thy cross 3 Lordquot Tihon muttered in a strange passionate whisper bowing his head still lower 39 quotis it possible to oelieve in the devil w ithout hetievingi in Goo39l asked Stavrogin with a laugh quotThat39s quite ioosesiibtte ttquots done right and telttquot Tihon tilted his eyes and smiled quotAnd I am sure that you consider such a taith more estimable than utters lack not taith 9 Stavriogln burst out iaughtiltng 0n the r orttrary OtJ iighi alheisrn is more to be resgpeetect Lhainy worldly iinidillerreneetf answered Ttihon with ostensible faie39 39E 39 i39 a FTd3rquotat the same tiurne he scrutinised his guest reare lutty ano1 un easiI y quotAha so that39s where you stanot Dt eirioeotyi you asto ni sh mequot quotSay what you may but the complete atheist stands on the pirenutttimaite step to rrtost porleot laith the may or he may not take a lurlher step out the indillerent person has no laith 5 lavr u qin392 Conlession 13 whatever except a bad tear anti that but rarely and only it he is seh sttivoquot 39 quottt39m tlave you read the Apocalypsequot quotl havequot quot39Do yortt rezmzernberz quotAnd unto the Angeli oi the Church at the Laodiceans writer ti 39 3939I rememberquot quotWhere is the bookquot Stavrogiin grew strangely impatient and elarmed his eyes wtandaring lI l the9traht e in seatrwch oi the Bible quotI39d like to read to you Have you a Russian I r aquotnsIf3l i On o know the paseage I remember itquot said Tihorl Dot your known it the hear t39i Swe it He quicklly dropped his eyes leaned his wrists on hts knees and impatiently prepared to listen Tihon began reciting recalling world a t t er wot rrJ And unto tho Angel ol the S l ti Sr8l t oi the Ltatodiceanst 39wFili i These things saith the Amen the lailhlut and true witness the tmegiihrting oi the tzreatiiion oi God I tmow my works that thou art netithor cold nor hot I wroutld thou wtetrt caotdt or hot So than too cause plili1tm art okerwarrnquota rTit ntetiIHe39EE39l39d nor h396t t will spur thee out not rrwmoull1 Because thorn sayest I am rich and increased with goods and time ntewod ol 39r1V m mIJmi ig 39 arid WIDM trnowe5 t not ii tltl thou art wretched and rnisernbla and poor and blind and naked quotE rmLrgrillquot 5 i V r OtJil39tt rctrt him short Do you lmow i WOVU you very muchquot And I love youquot replied Tihrn In a tow voice Stmrvrl Jrgl n tjtquotmnt silent and 5tt tlCi7lJtquotiW again tell into a rrevorie This occurred litlutlty as it worn now tor the thirrl time He was practically in this state when he said to Tihon I love youquot at least his words came as a surprise to himsetl More than a minute passed Do not be angnr39 Whi5DtIquot39Ed Tihpn touching Sl39wrogin39s el t7owiigl1tt Iy rartitfh his linger and oipiptertwrinrg to grow Ittrnicll1irn5ull The ilatller startled and irrownort liotrcerIy quotallow did you lendow that I was going to get angryrquot ho stupid ljuickttlyt Tiihon was aLrout to speak but Stavrogln suddenly overcome with inexplicable agi ttatiion lnterrvuptrerd helm quot39Whrr did you tancy that t must necessarily heoorrta aurtgr y YE5 ll did gtzt angry roll twero riqltl r39tnrJ nrtgry Il39tCii15E HUGE tt5rB I told yozu I lorvou your r39irJu39m tright ttu t you are a coarse onlyruins you have a tow ogptinion or thuman ttiur There rnlgttt have been no anger it it had been anyor1 o but me ttow eeor we39re not rloattlng with arwoinro also but with rno nd still you or an tozld tottow ta nrI at S t39En ll y lootl 0 14 GUI and Shame He grew more and more Irritable and strangely enough he did not choose his words quotListen I don tlike spies and psychoIogl t at least such as pry39Tn t39oquot my soul I don invite anybody intorny soul I do not need anybody I can shllt tor myscll Perhaps you think I am alraid of youquot He raised his voice and threw his head back deliahtly Per haps you are Iully convinced now that I have come to disclose a terrible secret to you and you are waiting Ior It with all the rnonkish curiosity ol which you are capable WeIIIhen let me tell you that I will disclose nothing no secret whatever because I can very well get along without you because there Is no mystery whatever it existsonty In your Imaginationquot Tihon looked at him steadily quotYou were struck by the tact that the Lamb loves those who are cold better than He does the luke warrn he said quotyou do not wish to be merelylukewarm I have a toreboding that you are struggling with an extraordinary perhaps a leartul intention I implore you do not torment yoursell and tell everythingquot And you were certain that I had come with a storyquot quotI guessed itquot whispered Tihon looking down Nikolay Vsyevolodovltch was somewhat pale His hands trem bled slightly For several seconds he stared motionless and silent as it coming to a line decision At length he drew several printed sheets ol paper Irom the side pocket ol his lackel and laid them on the table quotHere are the sheets intended lor the public he said in a breaking voice quotIt only one man reads them then you may be sure that I will not conceal them and everyone will read them That39s my decision And I do not need you at all because I have made up my mind But read Say nothing while you re reading Tell me everything when you are throughquot Shall I really read them asked Tihon hesitatingly quotDo I am calmquot quotNo I ran t make it out without my spectacles the print is small loreignquot Itore are your glassesquot Stavrogin look them up lrorn the table handed them to Tihon and leaned against the back ol the solo Tihon did not look at him and plunged into the reading It vvati ittdted loreign prirtl three sheets 0 ordinary smallsize notepaper sewn together it must have been printed secretly at some Russian printing press abroad and at lirst blush the Stavrtoginfs Coniestsien 15 pamphiet looked very much iiko 1 revolutionary Ieaiiet it bore the heading quotFront Slatrroginquot I insert this document verbatim into my chronicle t have al lowed rnyseti only to correct the rnistattes in spelling which are rather numerous and which s39omuwhal surprised me tor tire author was alter att an educated and even yreliread man oi course relatively speaking As tor the style I made no changes in it in spite oi the errors At any rate it is obvious that the author is by no means a man oi letters i shalt aiiow rnyseiione more rernartr in anticipation oi what is to iollowy 39 in my opinion the document is a morbid thing the work oi the devil who had taken possession eat this gonliuntan Thus a man suiiering irom acute paintosses in his bed eager to hurt a posi tion which would bring him reiiei at least momentarilyindeed not to linci retiel but merely to errhange one kind oi suitering tor another if only tor a minute And oi course in a case tilre that one doesn t care how gracelut or sensible the position is The lundamental idea oi the document is a terrible undisguised need r oi punishment the need oi the cross oi public clrarnisernent MeanwhiIetitis need oi the cross in a man who doesn39t believe ir1 the crosswhy W rTt Tn itselt is an ideaquot as Steffen Troittnfi witch once expressed himsell on an occasion at a diliurent sort however On the other hand the entire document is at the same time 39 something wild and reckless although ostensibly written with a rlitlerent purpose The author declares that he quotcouldn39t helpquot writing it thattte was quotiorcertquot to do it and this is iairty plausible he would have been glad to have had this cup pass lrom him it he could but he seerns reality to have been unable to avoid it and he took advantage oi this opporttrnity to engage in a lrcsh out burst oi violence Yes the sick man losses in his bed and wants to exchange one kind oi sutiering tor anoltter iirthling society seems to him the least uncomiortabte position and so the itings down a challenge to it inrieort in the very existence oi such a tiocurttent one senses a DP YHneztp C 3Ei amt quoti339f3939ti9i 1UE t99t L i1YJ 5 OF 9 keLliettrtttittt2 t ttquottv 39 T And who knows perhaps all Hunt to wit iltrtse sheets irttertried tor publication are rtolhing also but another way oi nipping the governors ear Why this occurs to me now alter so lttuiclt has been exptainerl already i cannot understand not t39m not bringing iorward any proots nor do i assert at all that it is a liaise docu ment that it is an invention and a lubrication Most likely the truth must be sought somowltertt in the middle Iiowevor I 15 Guilt and Shame have gone too tar ahead of my story it is saler to turn to the docu ment itsell Hero is what Tihon read From Slavrogin quotin the year 135 i Niltoiay Siayrogin a retired army oilicer was living in Petersburg indulging in dissi pation in Whi h it illound no pleasure in those days tor quite sorne time I kept three ioydgings I rnysell was trialling in at shabby hotel where I got boardi and service and where ixlfarya Lebyadltitn now my lawlul WliE was also lslaying The other two places I rented by the month tor assignation purposes in one I received ta lady who was in love with roe and in the other hermaidy and rigor quite a time I was preoccupied with the scheme oi bringing the two toglotlieir so ttliat mistresis and maid would meet in my roorns hnowi r1g the character oi both I expected to get some entertain ritottl out oi this silly iohe quotwtnle I was gradually arranging lot that meeting I had to visit one oil the two lodginsgs which was in at larga house on Gorokv hovaya Street more lrequentty than the other because it was Ittllterte ttiat the maid used to c onie Here I had a si39nglai roorn on the lourtn lloor wrmzh I rented lrorn a Russian iamiiy oi the lower lquotill7dt39ii E class They occupiedl the adiatcertl room wihich was smaller and the door between the two was always open a tact wltiitcli tell in with my desires 39lihte ihIu53han ol quottl39tl 39i39ilD were Ia izroard and a long coal was employed in some ollice and was absent lrorn rtiorning till night The wile at womani ol lorly was gene rally busy rnalung over old clothes and she too olren went out to dispose oi these I remained all alone with their daugliter who by the looks oi her was quite a child Her name was I latryios tIa Her mother loved her but would olten beat her and had a way oi screaming at her on every occasion as is the manner oi woman oi her class This little girl waited on me and tidied up behind the screen it declare that I have iorgetten the housenumber On inquiry I iound out that the old house has been torn down and where two or three buildings used to stand there is now one large new one I have also iorgotton the surname oi the people irom whom i rented the room perhaps I didn39t even know it at the time I recall that tin woman39s name was it I am not mislakert Stepanidtt Tito nusb anri39s I don39t rernernber at all what has become ol the woman I do not know I iancy that it rnighl be possible to trace them with the aid oi the Petersburg police it was a corner ital opening onto the courtyard It all happened in June The house was paintted pale blue quotOne day a penknlie which I didn39t need and which was just lying around rztisapipleaired lrom my tablet I mentioned the matter to tine woman without thinking that she would whip her daughter Stavrogn39s Contession 17 tor It She had just been screaming at the child on account oi the loss ol a scrap ol cloth suspectin that she had taken it lor her dolls and had pulled her hair lor her When the scrap was lound under the tablecloth the little girl uhose not to say a word ol re proach lor having been unjustly punished but just looked at her mother silently I noticed this and liked It In my memory and it was new tor the lirst time that l remarked the little girl39s lace which had been a blank to me belt re She was a lairskinned and treckled little girl with an erdtnarr tade but a child39s lace and gentle exceedingly gentle The mother didn39t like the little girl39s tailure to reproach her tor the unrnerited beating and then the matter oi the penknile came up The woman llew into a passion especially because she had ust lzeaten the child unjustly She plucked some twigs here the broom and whipped the girl so that she raised wells on her belo39e my very eyes although the child was already in her twetlth ynar Malryosha did not scream under the strokes obviously because I was present but she gasped strangely at each blow And alterward she continued to sob gaspingly tor a whole hour its soon as the whipping was over I suddenly lound the penknilu on my bed in the lolds ol the blanket Then I quietly put the penlnile into my vest pocket went out and on the street threw the penknile away tar lrom the house so that no one should discover it lrnrnediatelyl tell that I had gone somelhlng vile At the same time I experienced a pleasur able sensatton because suddenly a certain desire pierced me like a blade and I began to busy mysell with Let me note item that TIT elten various base leelings took possession oi me to the point ol making me utterly unreasonable or better still exceedingly stubborn though they never made me lorget mysotl Though such a leeling mounted to lrenzy in me I could always overcome it even stop it at its height but I very seldom wished to do so And I declare that I do not wish to claim lreedom lrorn responsi bility lor my crirnes on the grou1Lls ol either environment or disease quotThen I waited two days The Irlli girl having cried her till became even more silent yet I am convinced that she cherished no ill leeling toward me llowuvrzr she certainly loll ashamed because she had been punished In such a way in my presence But being an obedient child she undoubtedly blamed hersell even for her shame I note this because It is Important tor the story Then I spent tirree days all my main apartment quotThese crowded lodgings reeking et stale teed housed many people mostly government clerks out ol employment or on the lowest possible salary doctors leuking lor an outoitown post tlen all manner el Poles who always hung around me I re 13 Guilt and Shame member everything clearly in this hellhole I lived a lonely tile that is in the spiritual sense tor all day long I was surrounded by a whole crew of pets who were terribly devoted to me and almost worshipped me lor my purse I believe we did many vile things and the other tenants were atrald at us that Is they were polite in spite ot the revolting pranks and silly Iokes which we perpetrated I repeat at that time I was not at all averse to being deported to Siberia twas so Lr titerIytoreg that I could have hanged myselt and it I didn39t it was because I was still looking torward to something as I have all my tits I recall that at that time I was seriously engaged in the study ol theology This somewhat distracted me but afterwards lgrew more bored than ever I was in a state where I wanted to put powder under the tour corners ot the earth and blow it all up but it didn39t seem worth the ellort Yet there was no malice In my heart it wasrnerely that I was bored I am no Socialist I laney it must have been sickness In jest I once asked the unemployed Dr Dobroluboy who was Sl l39V mg in the lodgings with his lamily Are there he drops to stimulate 39one s civic energy For civil energy he answered maybe not but tor criminalperhaps yesl39 And hawas pleased with his shabby pun although he andhis pregnant wits and his two little girls were without anything to eat But it people didn39t have this capacity tor being satislied with thernsetyes they wouldn39t want 39 to live It was in the course of those two days thatl once put to rnysell the question as to whether I could give up my intention and I immediately tell that I could at anytime even that very minute quotThree days later I went back tothe Gorolthovaya Street place The mother was getting ready to leave with a bundle the man as usttal was not at homo so I remained alone with Matryosha The windows were open The house was occupied mostly by artisansquot and all day long the place was titled with songs and the sound ol hammers An hour passed Matryosha was sitting In the next room on a little steel with a bit oi sewing her back turned toward me Alter a while she began to hum soltly very soltty She did that sometimes i took out my watch It was two o clock My heart began to beat last I rose and stole toward her On their window silts there were many geranium pots and the sun was shining very brightly I quietly sat down on the lloor beside her Site started and at that was Incredibly lrightened and jumped to her Ieet I toolt her hand and kissed it drew her down to the stool again and began looiting into her eyes The act that I kissed her hand suddenly made her laugh like a baby But her amusement lasted oniy an instant she quickly jumped up again and this time in such tright that her taco was conyulsod She stared at me her Stavrogin39s Conlession 19 eyes rnotionless with terror and her lips began to twitch as though she were going to cry but she did not I kissed her hand again and seated her on my knees She suddenly pulled away 39 lrom me with a jerk ol her whole body and smiled as though ashamed but it was a strangely wry smile lhr whole lace red 39dened with shame i was whispering to her and taughingiSud denly something happened that astonished me a thing so odd that i shall never lorget it the little girl threw her arms around my neck and suddenly began to kiss me violently ol her own ac cord Her lace expressed perlect rapture I got up almost in dignantthis behavior in so young a creature repelled me the more so because my repulsion was born ol the pity which I suddenlylelt Here the sheet ended and the sentence broke oil abruptly What occurred next cannot be passed over Ol the live sheets ol which the docurnent consisted one which Tlhon had just read and which ended abruptly in mld sentance was in ltis hands the other tour remaining in Stavrogin39s hands A5 Tihort looked at him inquiringly Stavrogin who held himsell in readi nests instantly gave him lurthor sheets quotBut there is a gap herequot said Tlhon looking closely at the sheet he held quotBah this is the t hirdTsheet I need the secondquot quotYes the third but that shoot tire second sheet has been conliscated tor the presentquot Stuvrogin answered quickly with an awkward smile He was sitting motionless in the corner ol the sole watching Tihon leverlshty as he read quotYou will get it later when you deserve itquot he added with an unsuccesslul gesture ol lamillarity He was laughing but it was pttilut to look at him quotWell sheet two or three it39s all the same nowquot Tlhon began What do you meansalt the same why Stavrogin made a sudden eager movement toward Tlhon quotNot at all Ah in your monklsh way you are ready to suspect the worst A ntonit would be the best criminal prosecutorquot Tlhon watched him narrowly in silence quotCalm down It39s not my lault it the little girl was loolish and misunderstood me Nothing happened llolltingquot quotWelt God be praisedquot Tlhon crossed hlmsoll quotit would take too long to explain it was simply a psychological misunderstanding p P Ho suddenly blushed An expression ol tlisgust anxiety despair slowly passed over his lace Abruptly he grew silent For a long time tor more than a minute the two were silent and avoided looking at each other quotWell you had better go on readingquot he said mechanically wiping the cold sweat oil his lorohoad with his lingers quotAnd oornStt tt ess oi 20 Gmtt anot t5ht7tnrto bottttor not took at me ant alt It s eo nrts to rne I arm ctreatrntitng I And do not try my oatriotncto I II 0 he oddodi tn ea whisper ITthon rqU iEIti IIt2JCII39tECI away took up tho third shoot and con tinuooit reading to the end trxithoot stoppingt In tho threo shoots handed to hirn oar Sl7 tIquotIquot gi there were no morn ggaps Tho third Ishnorat aIslto bergant In rniosenmntoo I ttransctribot vornbattiimz tor a rnornent w was reatiy Iriightenedt though not iintonsoiy I was in very good spirits that rnorning and awturtw kintci toward orvoryotnro and the whole crow waist very well pteaafo d with mo But I tell them all and wont to the place on Gorokhovaya Street I met hor dotwnsttoitrs in tho haII I Soho owns cominglt Irorn tho grrooory whore she had been sent Ior some chicory Seeing ma sho shot up the stairs tft ta lorribto Irighrt It was not inst fright but a dumII oarnaliysirtntg tetrror Whom I came in her ntotnar had already gtivont hti I Ira stzap oooausie one had entered that roorn at 39broainooIlt sooodi and Innis intoioionit oovtroroo the true oaoso oi horn Itear Anti so tor the prosortt alt was well She hadt retired to a corner and did not show norselt all the time I was there I sftiayed tor an hour nnotnonton Toward evening I tell atraid again but this time the tear was titnrcornparzataty rnoro i nrton soI Tho rnain thing was Ihatt I was atraid and that I was so conscious out being afraid Oh I know ot nothing more absurd and more abominaibtiet I had never exprorio nced I oar Iaettrora never bolore and ntover attorwaros out this one time In Imr lotto I was otmiott and in tact I tiIorraIIty IrtomIoIr2orT1o Inetnso I L m b I I gitwnd humitiiatfimi I wound hawre klimw ld n11rseIIIrr but I tell n1yseI I ur ortthy oi death However it I oid not kill myseti It was not Ihecauso of that out Etg IitII39t hecauzster I was atraid People kill themselves out ol tear but out ol tear too people remain alive at time comes when a man no Iongor ooros Iwgitltt htttmtsoltt nd tho not NSIGIIquothItIt OI39IIIIEt5 on thintrblo Besides in the evening when I was in raw lodgings I began to hate her so that I detciidod to Iritl her At dawn I ran with that purprotsse to rGotrIokhrovaya Istreot On my way I kept Imagining mysotl in the act oi killing and dcliling her My hatred roso espo rcitattttyt at the memory oi her stntitoz my oonrt eIn pI Inntttraroot with n1oasorcIoss disgust as I rorncrnborod tho way Sh had thrown ItorslI on my neck with Itozwon knows what notion But when I reacthoot I onttmtcrart I tell iII Furthern1torro I39conceivod at new and terrible thought torriblo because I was so conscious of my tool ings Iwhen I carno homo j toy down in a IIotr er ttturt iii was so torn ptutoly otrorcomu by tour that I oven sloppod hating tho titllo girl I no longer wantnd to kill her and that was tho new thought thatt occorroo to mo on tFo tntrntntkn I rootttzord that tear at its height banishcs hatrod oven the dosiro to avenge an insult SlavrouIn39s Cenlession 21 quotI woke up around noon leeling relatively well and I was even astenishad at the trlolence ot my se tsations the day belore I was asharned of my desire to kill her llut I was In a bad humor and in spite ol my disgust was again compelled to go to Gorokttovaya Street I rernernoer I had an Intense desire at that moment to pick a serieuzs euarret wiltliht 5 enreh o dfy can my way tthwetre tDln 39lreactriing my room 1 lound Nina Savetyevna there the maid She had been waiting tor me tor an hour I didn t care lor her at all so that she came with some tear that I might to an ry because ol her unin vited presence She always came that way But this time I suddenly lVeu nd nwstell gtltattrl to see her and that made her erslatie She was rather prwettyt rrtod esl and had the rnanrters W39iItttClI l the lowesrl middle class prixes se that my Ianclady had tor along time been singing her praises to me I Iound the two ol them having collect and my landlady was hugely enjoying the pleasant chat lrtoticed Matryostra in a corner ol the other room She stood there without rs ltrlrtg eta r ring at her othe r and 39h e rilsi te wi I tr rat I r o wn hen I came In she did not hide as helore nor did she rrun away i re member that distinctlyit rather struck me Only It seemed to me at that blush that she had grown ery haggard and that she was feverish I was very tender to Nina so that she let in El most contented mood We went out to etlter and tar two days I did not re I u rrn to GtDlrfD lk h U V39 l Strep I l w 5 la lrwadlyr led up with the wltole thing quotFinally I decided to put an end to uverytltirtg and leave Pelersburg I39d come to that stage But when I same there in order to give up theroorn I Ioumizl the woman worried and dies lressed ltrlatryosha had been III Irr three days now and every nighlt 5th er the d been P o It r Iii otr st Owl cerr rs e ll imr39nedlia4te a site writer she said In her deliriitrn we talked In wItID l 5 In my room and the woman whispered hack that her raving5 were terrible she kept saying I killed God I olterecl to send her the doctor at my expense but she would not let me With God39s merrcy it will pass She isn39t in bed all the time She has lust been to the grerer39s on an rra an d I rdlecildetrdi to limit M all ye she to amt sin or e nth rr wornan let tell that she had to learn the house at live I made up my mind to come back In the averting I dldrfl know why or what I wamlud to do when I got there quotI had dinner at a restaurant M a quarter past live sharp I rrrelurnred I let rrnrsell In as usuat with nw own lxvey there was nwerherly there TlJtl I Matlryloetlta Site I W in her rnotIre r 39s held hetrinrli the screen and I noticed the Eilltz truuked out but I pretumlerl that I didn39t see her The windows were open The air was warm hot In tact I paced up and down tor a while and then sat down on the sole I rernelnbur everything up to tire last minute It 22 Guilt and Shame positively gave me pleasureI do not know whynot to say a word to Matryosha and to keep her In suspense I waited a whole hour when suddenly she lumped out Irom behind the screen I heard her teet strike the lloor the noise as she got out ol bed then her rapid steps and there she was standing on the thresh old ol my room I was so mean that I was glad to know that she was the lirst to yield Oh how base it all was39and how humiliated I was She stood and looked at me silently quotIn these days when I hadn t seen her at close range she had really grown terribly thin Her lace had shrunk and her head must have been hot with lever Her eyes had grown big and she stared at me lixedly with dull curiosity as it seemed to me at lirst I sat looking at her and did not budge And now suddenly I was moved to hatred again But very soon I noticed that she was not alrald ol me at all and that she was perhaps delirious But that was not the case Suddenly she began to shake her head at me as naive and illmannered people do by way ol reproach And suddenly she raised her little list at me and began to threaten me Irom where she stood For a moment this gesture seemed ridiculous to me but instantly I could not bear it I got to my Ieet and stirred in terror Her lace betrayed such despair as wa39s intolerable to see in a creature so small She kept on threatening me with her little list and shaking her head in reproach I began to talk to her kindly in a tow cautious voice out ol cowardice but saw Im mediately that she wouldn39t understand me and my terror In creased Then suddenly she covered her lace with her hands as she had done belore moved away and stood at the window with her back turned toward me I also turned away and sat down by my own window I cannot possibly understand why I did not leave then and there but remained I must have been waiting tor some thing to happen Perhaps lwould have sat a while and then would have gotten up and killed her to put an end to everything in my despak quotSoon I heard her quick steps again She passed through the door on to a wooden gallery which led to the stairs I hurried to my door and got there lust in time to notice that Matryosha had stepped into a tiny cubicle something like a hencoop adjacent to a privy when I retraced my steps and sat down at the window again a Ialelul thought Ilashed through my mind Even now I cannot understand why this rather than any thought suddenly occurred to me things must have led me to it OI course it was still an incredible thoughtnevertheless I remember every thing perlectly and my heart beat violently quotA minute later I looked at my watch again and noted the time with great care Whyl had to be so precise I do not know Gen Stavrogin s Contnsstolnl 21 orally at that mornent I wanted to notice avervthlInl gl 3 a resutt I still remember everything and see all that took place as It it were happening helore my vow eyes E V iinilin gI was oo m ing on A Ity was buzzing overhead and kept settling on my late I caught ill helld it awhile In my ttnglers antt let it My out ot the wittetlo w A cart rumbled noisily into the courtyard tn the corner ot the court yalrd a tailor at his wt n d lot W K h at d Itoe n Sislngllirng to 5 ong in a toll voice tor some time He was sitting at his work and I could see htrn plainllly It oclouhrlrleldt to me that since ni0h 39O dlY had met me when I was passing through the gates and while I was going upstairs it Iroute be best it nlobotlr saw the as I went downs39laltIrs and I cautiously moved my chair away from the window so that the ltenanlts could not see me Oh how abontinable I r s I book but soon cast it asitleand began to look 1 on a geranallurn teat and dozect oil I remomberevery to the last moment 39l SudIden Itl whippeti out rttly wltticiilt Twenty minutes had passed since she went out I decided to wait exactly another quarter ol an hour It lrnado up my mind to that It also occurred to me that I n g I wn perhaps she had returned witttout my having heard her but this was lrnpossibto there was a dead silence and I could hear the buzzing of every lly Suddenly my heart began to beat violently again it tool out my watch three minutes rttOrtJ to wait I sat through them although my heart heat so violently that it hurl Then I got up put on my hat buttoned my coat and looked about the room to see it I were leaving any traces ot nty having been there I moved the chair nearer to the window where it had stood bclldro At last I opened the door quietly locked It with nty key and went to the cubicle The door was shut but not locked I knew that it didn39t look but I didn39t want to open It so I stood on tiptoe and looked through a crack high up At the very moment when I was rising on the tips not thy toes I recalled that when I was sitting by the window looking at the little red spider and was about to doze oil I had thought ot how I would tilt rnyselt on my toes so that my eye would be on a level with that crack I insert this detail to prover without tail that I was in tutti plosseesxsiloln all rnyl IiampCUi lilll39E and that consequently I was not a mactrnan and that I ant respon sible tmlor omorytlttlingl I stood I rtele rtng through the G iiitli tor tong tlrne because It was dark inside yet not altogether so that at length I saw what I harzt to 518 quotThen I decided that I could leave and I went down the stairs I rlirt not meet ttrwh otly tillttif lnoltl o ttlyl CCtllti39tJ utter any ettidlettool against me About three hours later we were all in our shirt sltleev es lLilfil i ilFIl tea and ntaylsn g lwitlh an old parzlr rot lealrdsl Imitten Lebyadkln recited poetry Many stories Wt3939Iquot0 told and it so hap t tin rd spide 24 Guilt and Shame pened that they were related wait and antuslngly and not stupidly as usual Kiritlov was also there Nobody drank except Lebyadkin although there was a bottle oi rum on the table Prokhor lvlalov said When Nikolay Vsyevolodovltch is con tented and doesn39t sulk allot us are in good spirits and talk cleverly The phrase stuck in my memory and so it seems that l was gay and contented then and did not sulk and talked cleverly I remember that I knew perfectly well however at the time that l was a low and vile coward relolcing in his deliverance and that I would never be decent again either here on earth or alter my death or ever And one more thing i was reminded oi the Jewish proverb 39one39s own may be bad but it does not smell For although at heart i tell that t was a scoundrel l was not ashamed oi it and in general I was not much distressed On that occasion sitting at tea and chatting with the crew tor thelirst time in my tits I clearly lormulated the lollowing lor mysell l have neither the leoling nor the knowledge ol good and evil and not only have t test the sense ol good endevil but good and evil really do not exist and this pleased me and are but a prejudice t can be tree at all prejudices but at the very moment when I achieve that lreedom i shall perish For the lirst time i put it thus clearly to mysoll and that happened just then at tea when l was looting and laughing with my companions i remember every thing clearly Old lamiliar thoughts sornetlrnes take on the appearance of brandnew ones evenalter you have lived lilty years quotAll the time I kept waiting tor something to happen indeed about eleven o39clock the little daughter ol the janitor on Gorolt hovaya Street brought me the news lrorn my landlady that tvlatryosha had hanged hersell I went with the child and discov ered that the woman hersell did not know why she had sent tor me Ol course she screamed and carried on very loudly as they all do on such occasions There was a crowd too and police men I stood about tor a while and then tell quotI was hardly disturbed the whole time except to be asked the usual questions i said nothing but that the girl had been ill and delirious and that on my part I had ollored to call a doctor at my own expense The penttnile too was mentioned I said that my landlady whipped the child but that this was nothing No one lound out about my visit in the evening That was the end ol it For about a week I did not return to the place I only went there in order to give up the room My landlady stilt cried atthough she was already busy again with her scraps oi cloth and sewing it was because ol your penltnile that l hurt her leetings so she said but without much bitterness it was as though she had been 3itavrogin39s Confession 39 25 waiting tor the chance to say that to me I gave up the room on the pretext that naturaiiy this was new no place in which to re ceive Nina Seveiyevne When i took ieave she again spoke in praise oi Nina Saveiyevna i gave her tive reubies in addition to what I owed her tor the room quotThe main thing was that lite bored me to the point oi stu peiaction The danger having passed i would have wholly tore gotten the Gorokhovaya Street aiteir it it hadn t been that tor some time i kept remembering the attentiant circumstances with vekation i vented my anger on whomever i could it was at this time that for no apparent reason at all t conceived the idea oi somehow crippling my iiie in the most repuisive manner pos sibie The year beiorei had atready had the idea oi shooting mysoii now something better presented itseii quotOne day as Iwas watching the tame Marya Tirnoieyevna Lebyadkin who was more or was oi 1 servant in my lodgings I suddenly decided to marry her1at that time she was not yet insane but simpty e rapturous idiot and secretiy head over heels in iovo with me The gang found that out The thought oi Stavrogin s marriage to a creature itke that the lowest oi the tow tickled my nerves it would bein Tt3395 39ibiequot39t6quotirn agi39rTr39WrTyt39h39ing more monstrous irt thiswashin those days it itapparteti in those days and so it is inteitigibte At any rate i married her not solely for a bet atter a drunken dinner It was in those days in those days and I couldn39t have known yet that39s the main thing The ceremony was witnessed by Kiriiiov and Pyotrivarhovensky who at that time happenact to be in itetersbuirg also by Lebyadkin himseii and Prokhor Maiov the is dead now Nobody else ever discovered it and they promised to keep quiet about it This secrecy has always seernedtaborninattie to may but it hasn39t been vioiated even yet although i had the intention oi making the tact public new i am making it public with the rest quotAiter the wedding i want io the provinces to see my mother i went there to distract mysoti in our town i ieit behinci me the 39 reputation oi being a madrnan a reputation which has endured to this very day and which no doubt is harrniui to me as i shati exptain tteiow i mention this merely to make this coniession iutier Then i went abroad and remained there tor tour years quoti visited the Orient at Mt Athos I stood through night services which lasted tor eight hours i was in Egypt stayed in Switzer tend traveiied as tar as icoiand attended the University 0 Giittingen tor a whole academic year In the course oi the last year I became intimate with a Russian iurnity of high rank that was living in Paris and with two Ftussian girls in Switzerland Some two years ago at Frankiort passing by a stationary store I 26 G UIII andl 5hame nalIlcrd amrzlng the pI39lnlc1graphs on salal a sgmralll pilcllura oi a Iillle girl EIa ga nilI y dre scsuadl Iaul wiry clnslaly ire5ambIlngl Mallrynlsha I imrmadiialely bought the plwoillngraphl and cominlg In llha halal placed II on liha rnanlalpiece 39I 1l1nra ii Iiay Iar a Ir eaIlt Ul Il ClUch BII and I dilln39I IGOR pal II awranl crnlse and when I lell Franllur l I ilnrgal In lalrn II alnzmgl p 8 nnla lnls prquotB G iquot539Equoty In Urd kr In shmv In what EIIilEl lI I was alclia In rnaswler lmy mernnries and In what extant I beclama calllaus In Ilnem I wnulcl spurn line whale lnl EII Ilharn and may would all vanish nlrerllenlIr every lirne I so cleslrmzl It has always bnrecl me In racalll the past and I muld nrelver long liar Ilha pasi as alrrloai sverynne else does the mom an because Ii nalad Ii as I did evgarys liming else lnal was purl oi rna As lnr Malrrnsha I awanl Inrgnl har phGI UlgI39i3ph nnl lhn rnanlelpiece 39ll Annu l a year ago In Ina spring llrlaveIlinrg In Germany I abselnlrninnlledlty passlrcl line raiilway slalinn at whzlch I had In change Ir rny de5lina lIInn and an Inuvnd mryseIII on anollherr llna I gut all at line nexl sIaliun II was Fbelgwaen lwo and three In inn alllerlncmn Illa day was clear II was an liny Gerrnan lnwnl A Imllal was pninzled cflul In ma II was necessary In wail Ina naxl train was due al eIevenl at night As a rnaller rlI last I was rather pleased with Ihis ad enrlulrelr far I wasnV39I in a lwurry Io gal anywhere This halal prlaveln In he an srnall mean pllaca but with shmbs and Il IcmerIaeds al ll abmll II I was given an 5rnalI runrnl I made a gsmad meal anal as I had spent all all ma prelrllolrvsl nIghI an line road I IiII sound asleep around Iour a39cIclck quotI had a dream which was Iolally s urpriTsing In ITIE becallse I had never dreamed anylrhlling I illre II bnlarle All my drean1s naval 39 always been ailherr sillyquot or lcrlrilying In line Dres clen gallery lhera is a painting by l3lla ude Lorraine called In Ih ciallrralngua M13 and Galalea II I am not mllslalcen bull wlllclrl I aIlrays called The Gnlclan Agar I don39t iknmIr why I had Saran il I3alcIra and Iuasl lhraa days earliar I saw II again in Apassingr As H lmaIlIelr nl Ia l l went 19 lhe gallery simply in order In look at II an d II was perhaps ID lhal rieasuvnl alnne that I lsmppadl al lrasdlezn II was lhls plicllura ll1aI zlppearred in rne in pa cljrearn yell not as a picture but as Ilmuglhl II were an aclufail scena I cannrarl quila lull hlnwewlrr whlal I clrlaamed of As In Ina picture I saw an carlnerl cal Ihe Gree k aIrcI lilpeIlagn Ilm Irray II was sorna 39lhrr39E lllmusralnd years ago CaJIquotES5II39I azrum waives racks and islancls a share In laliassarn alar BI rnagic DaFl CIf3fTIa a Deck oning sunset wnrds lail emu Erumpaarn rnaurmincl ramnmlmrs lhis prince as Ils cracllai and lne Ilmugnl Iilled my lsloul wilh the love Ina is bred in kinship Here was rnalnlltilnld39seaar1hIly paradise gods cllescselnclcld llrornl hczwrn and unilcrli wililh mnrllals here accurrucl Slznrrogltfs Conlesslun 27 the II rel tsreines oi rrw ltlIl o l otg H or m Injflelw uauttiilutl m rain mm wornonl They rose they went to sleep happy and Innocent the groves rang with their merry songs the grout overflow ol unspent energies poured itself into love and slrnplohearted Ioys and I sensed all that and at the same time I envisaged as with second srlghl their great luluro the three thousand years ol tile which lay uniknown end ungtuesstedi ll etlere lhern endi nty heert was shaken with these thoughts Oh how happy I was that my heart was shaken and that at last I lovedlTI1e sun poured its rays upon these Isles and this sea rololclnJ In Its lalr children Oh marvel lous dream lolly Illuslonl The most Improbable out all vlslons to whiten rnentkltnttd ltrouglhtou llcrt leer ltslesnce he 3 given he be st energies tor whlwrsh It has seerlllced everylihintg tor whitch lit Itta plned and been tormented tor whtioh Its prepttets Ieuro crucltincl and killed without which nations will not desire to live and with out which they cannot even d all All these sensations I lived through as it were in this dream I repeat I do not know exactly Ittriihaiillt I 39d B3ati nl 39Nd out XQ my dreern we on only sol setntste l3itdtn It but I lle ttl llls and the see and the replanting rays UI the setting sun all that I still seemed to see when I woke up and opened nw eyes tor the llrst time In my lilo literally wet with tears I rernernbor those tears I remember that I was glad of them that I was not ashamed of lhern A Ieeling ol happiness hlllrerto unknown to me gplereed tnw thteerlt till I III eeshed Ejventltntgt ell In I r d to Lly 5 e II in er s I I e let I oil to rLighl silanlingj sunreys pierced lglfte green lollegn In the windowboxes ol my little room and llooded me with light I quickly closed my eyes again as it eager to call back the vanished dream but sud denly I noticed a tiny dot in tl e centre ol bright bright light That39s exactly how it all was amt that39s how it started Suddenly it his or 4 be e g e n I to es 7 u to IE1 5 lie p tr 6 at dl ell o It at s uxd e n s nw I es en rt eye a tiny red spider I rernembered it at once as It her looked on the geranium teal when the rays I the setting sun were pouring down In the same way It was at It something had stabbed me I set up In bed That Is the way it all heppenedl sew below me 0 not that I really sew herl It only it had In ten e n eh gee nu it no a pp e ri I I I nil ll slie I I a d ntetredt to nly I o r on I 0 slant lor one Instant In the Item and elhm so that I could trove spoken to herl I saw Metrycehe grown haggard and tsith leverlsh eyes precisely as she had looked at the moment when she stood on the threshold ol my room and shaking her lined had tilled her tiny list ngdiinsl rne The pililul despair ell ii helpless tr oet ure with on i m m ell u r tel trnindt wilh i lih r eele no W e tlwilll vale u wltal could she do to me 0 God but who ol course btlsmted horsoll elonol Never has anything like that happened to me I set until nlghtlell motionless lorgellul ol time I should like to cm B 0 until end slnarne plain mysell now and clearly express exactly what went on was this at is calla r e mor so or rape nlalntze l i do no kneow sand cannot tell even now ut what is intolerable to me is only this image namely the little girl on the threshold with her little list til t ed threatening me only the way sh e to not ice d an only at moment neither belore nor alter only that shaking oi the head This threatening gesture of hers no longer seemed ridiculous to h lleuvt te rlriilying lF39iiity lor liter slebbetdl me a madden llng pilty and I would have given my body to be torn to places It that would have erased what had happened What I regret is not the crime nor her death l rn not sorryl tor her win at ill canno l bear is lust that one instant I can39t I can39t because I see her that way every day and I know tor a certainty that I am doomed It Is precisely that anGhitch l have not been able to bear since thenand i couldn39t bear it belore either but I didn l know it Since then I see the vision almost every day It does not appear to me of itsell Wt l summon ll oi my own aeelorid but i cannot help summoning it although I cannot live with it Oh it I could only see her sometimes In tho llesh even it it were only at hellucinatlon I wish that she would look at me again at least once with her eyes big and leverish as they were then look into my eyes and see Foolish dream it will never come truel why does no other memory at mine arouse any such ieellngs in me And yet I have memories of deeds which people would condemn as munch worse Such memories arouse only hatred in me and at that the leeling is caused by my present condition formerly I used to lorget them coldbloodedly shove them Into the bacllt ground and remain unntaturelly easy in my mind quotAlter that I roamed about nearly all that year and tried to divert rnysell I know that even now i can get rid ol Malryosha il I so desire i am in co mplete poss ession ol my will as belore hurt the whole point is that i never wanted to do it that i do not want to do it new and that I never shall It will continue like this until i go mad quotIn Switzerland two months later I was seized by a lit oi passion accompanied by an impulse toward violence such as I had ex periencewdt only in my early years it was a kind oi contrast a measure of sell delence as it were on the part oi the organism I tell terribly tempted to commit a new crime namely blgarny i DE CiallllS El l was already mlarriwetdfl but i lied on the adv lce not another girl to whom I conlessed practically everything even the tact that I did not love the one I desired so much and that I could never love enyt one and that there was nothing here but lust esides this new crime would not by any means have lreed mo lrom Matryosha I K Ellaweg ini39s Cenlession 29 quotCensequenlly I have decidecl lo have lhese sheels prlnled and lo lmpprl lhree hunLlred applies all lhern lnla Husssla wl1le nl llle time comes I shall send UIIJIJ1 lo lhe police and la the local UquotIl39lDllMiES al llle sarne quotllama ll shall send Ilium lo Ihe eclillorial ellices ol all the newspapers with a request lo publish main and also to my many acqualnlences In Pelersburg and elsewhere in Russia My cienlessien will else appear In lrensllalien l mJjr l39w l Perhaps lhls makes no sense bill I will publish ll nevertheless I lvznlow lhal legally ll 5l1a ll probably O gel lnlp ilrculJile all leasl not le any serious exlenl I alone denounce mysell and have no accuser besides there Is lime or no evlderice Finally more is lilies generallly creicllleel lnellpn pl lrny menlal rlervaln g enieinll pl which my relalives will surely lake advanlagn and thus stop any legal pI O5EOU I D I39l ll391al may seriously lhrealen me Oneal my purposes In rnalring lliisslalemenll ls lo preye lhal I am nlew in lull possession cl my mental lacullies and llial I underslantl my silualien Bull Hlll f will remaln Mil0Sl l hwl i will linalw quotulDlquotWIl inU and who will look at me and I will look al Ilium I wish everyone lwieultli quotleek all me I tip not lmow IWIIDHIDF or nail lliis will relieve me I resarl lo II as the lane measure Er repeal II a lherougll Search is made In Ihu Palerslnurg police relcprclsl plerllepsl sornellllllng rnay he ltI l5 cowlrrall Tile peeiplle lreni whorri I rented ll1erorml may still be In llle capilal Ol course lhely will fEli illE lT lI IlE lquot Illa house II was pailnlecl a pale blue As lur me I shall not leave my present place cl residence bull ler some lirne a year er two I shall slay at Slworeshniki my mother39s eslalee II I am sulmnienl ed I slllall presenil rnyrsell wllerieyzer ll may be Nl39lrnlay lavmglrl 6c The rearling lasleu iabeul an liner iTiIlpri reacl slowly and possibly read some passages lwiice All lhe lime ever since lhe inlerrup lien causecl by me cquotH 5 li rl all Alpha second sheel lSlla2yrcigiln sal sllenl asnd m1 I39 QW l V Es5 in Illa cprner all Ilia splay ypllrelsserl lagailnsl lls ll3 ackr anrl In an ll Lwi l ulyi LMJuclan1l HiTlllUll Tilien leelr ell his specflncIes palusedl and lilsally leaked up al lSIlavreriil1 aliasi lalaingliy The laller salaried and larlied his wlel e Manly lelrirwyalru quotll lC l1l39gO39l lie warn youquot said S layragin qnlclily and sliarnly lhal all yeiur wOlquotlJ 5 iwill bur useless I will null illellay lZliIl39l3fll39lgl mil nisy lnlenlien die nel lrlpuibilel ln diissuedie me I will pulilislll W He reddenedI and glr quotiV sll enl Elul you d idn39 l lcrgel la warn me jusl now even belore I began readirigquot 30 Guilt and Shame There was a note ol irritation in l ihon39s voice The documentquot had apparently made a strong impression on him His Christian sentiment was wounded and he was not the man to keep himselt always in hand Let me observe that not for naugltt did he have the reputation ot a man quotincapable ol cutting a proper gure in publicquot as the monastery people said ol him in spite oi all his Christian meekness great indignation was heard in his voice quotit doesn39t matter Stavrogin continued brusquely and with out noticing any change in his host s tone quotHoweverstrong your objections may be I won39t give up my lntention Note that by this awkward or perhaps shrewd remark lake It as you please I39m not trying in any way to induce you to start arguing with me and coaxing me he concludedwith a croollted smile quotI could hardly attempt to argue with you let alone beg you to give up your intention Your idea is a lolly idea and a Christian thought could not express itsell more amply Repentance can go no lurther than the admirable act the sellchastisernenl which yo have in mind it only ll only whatquot r quotll only it is really repentance and really a Christian thoughtquot quotOutbblingquot mumbled Stavrogin pensively and absehtilmind truly He got to his leet and began to pace the lloor without rttotrcrng what he was doirtg quotIt is as though you purposely wished to represent yoursell as a coarser man than your heart would desire quot Tihon was more and more outspoken 39 Ftepresertr39I repeat I didn39t represent myself I did not pose Coarser39 what is 39coarser39quot39 he grew llushed again and got enraged in consequence quotl know that what is described therequot he nodded in the direction ol the sheets is vile crawling and abominable but let its very vileness serve to redouble He suddenly broke oil as it he were ashamed to go on and con sidered it humiliating to enter into explanations At the same time he was achingly and unconsciously obeying a compulsion to remain and precisely tor the sake of oltering explanations Curi ously enough in all he said then and therealter not a word was uttered that bore out his explanation ol why he had confiscated the second shoet indeed what he had said about it seemed to have been lorgotten by both ol them Meanwhile Stavrogin stopped at the writingtable and taking up a small ivory crucifix began to turn it about in his fingers and suddenly broke it in hall Coming to himself he looked at Tihon in surprise and sud denty his upper lip trembled as it he were insulted but also proudly deliant quotI thought that you would really tell me something that39s why Slatrrogln39s Contussion 31 I camequot he said in an undertone as it making every ellort to control hlntsell and he threw thus fragments oil the crucllix on the table Tihon quickly looked down quotThis document is born at the need ole heart wounded unto death Am I not rightquot he asked vlthinslstence and almost with heat quotYes it Is repentance and ttuo natural need tor it which has overcome you You were pierced to the quick by the sullering ol a creature whom you wronged Tlerelpre there is still hope lor you and you have taken a great read an unheard cl road that at lnllicting upon yourself before tlte whole people the sltarrtelul punishment you so amply desewe You have appealed to the judgment ol the whole Church although you do not loulieyo in the Church am t not right But It is as though you were already hating and despising in advance all those who will read what you have written and challenging them to an encounterquot quotI Challengingquot quotSince you aronot ashamed to conluss your crime why are you ashamed cl repentancequot ll Ashamedquot Yes you are ashamed and atrhidtquot Alraidquot Stayrotgiln smiled corwttlsiyoly and again his upper lip trembled as it were 39 Let them look at me you say and you how will you loottr at them You are waiting tor their raalilco to respond with greater malice Some ol thepassages in your account are couched in ettaggeraled language it is as it you were admiring your own psychologising and you cling to each detail so as to amaze the reader by a callousness and 3il39lf39I1CiU5S nC5S which isn t really in you On the other hand evil passions and the habit ol idleness render you really callous and sttunidquot quotStupidity is no vice Slavrogin smiled beginning to blanch quotSornelimes it isquot Tilton cont nuod rigorously and passion ately quotWounded unto death by the vision on the threshold and tormented by it you do not sea to iudge by this document what your cttlet crime is and ol what to be most ashamed hetero the people whose jttdgmortl you lnyttlto wllulltor oi the catlllousnuss ol the act ot violence that you committed or ot the cowardice you etrhioited In one place you hasten as it were to assure your reader that the rnaiidents threatening gesture was no longer ridiculous to you but annihilating But how even tor 1 montent could it have seemed ridiculous39 to you And yet it did l bear witness to it Tihon grew silent He had spnklon as a man not wishing to restrain himsell 32 Guilt and Shame quotSpealt spealtquot Slavrogin urged him You are Irritated and you do not choose your words I like this coming lrom a monk But let me ask you one thing we have been talking lor some ten minutes since you read thisquotquot he nodded at the sheets quotand although you do scold me i do not see you showing any particular disgust or shame Apparently you are not squeam ish and you speak to me as to an equalquot He added this in a very low voice and the phrase quotas to an equalquot escaped him quite unexpectedly as a surprise to hirnselt Tihon looked at him closely quotYou astonish mequot he said alter a pause quottor your words are unleigned I see and it such is the case l am guilty belore you Be advised then that I was uncivil to you as well as squeam ish and you in your passion lor sellpunishment did not even notice it although you did become aware ot my impatience and called it scolding You believe that you deserve incomparably greater contempt and your remark that I speak to you as to an equal is an admirable it involuntary phrase I shall conceal nothing lrom you I was horriliect at so much idle power deliber aiil39y spent on abominations Apparently one does not become a loreigner in one39s own country with impunitEThere is one pun ishment that lalls upon those who divorce t emselves trom their there is a desire lor worlt tut Christianity insists upon responsi nativo soil boredom anti a tendency toward idleness even where brtity irrespective ol the environment The Lord has not deprived you ol intelligence Judge lor yoursell it you can put the ques tion am I or am l not responsible lor my acts then you are un questionably responsible It is written Temptation cannot but enter the world but woe unto him through whom temptation cometh As tor your transgression itsell many sinquot in like tashion but live in peace and quiet with their conscience even considering what they have done an inevitable sin ol youth There are old men who smell ol the grave who sin likewise and even playtully and with comtort The world is lull ol such horrors You at least have tell the enormity ol it to a degree which is very raref39 quotIs it possiblru that you have begun to respect me otter reading these sheetsquot Stavrogin grinned crookedly quotNo Reverend Father Tihon you are not as l have heard said you are not lit to be a spiritual guide he added continuing to smile with an even rnore torced and inappropriate smile quotYou are severely criticized hero in the monastery They say that as soon as you see a sign ol sincerity and humility in a sinner you break into ecstasies you repent and humble yoursett and lawn upon and llatler the sinnerquot Stayrogirfs Coniession 33 quoti shall not answer your question directly But of course it is true that I do not know how to approach people I have always been aware oi that great detectquot Tihon said with a sigh and so simply that Starrogin iooked at him with a smile quotAs Ior thisquot he continued glancing at the sheets oi course there is not and there cannot be a greater amt nzoru ieariui crime than your sin against the iittie girlquot quotLet39s give up this measuring by the yamstickquot said Stayrogin with some annoyance alter a pause quot arhaps I do not sutiot as much as I set down here And pehaps i tied a iot about rnysoitquot he added unexpectedly Tihon passed this over in silence Stayrogiu was pacing the room deep in thought and with his head down quotAnd this young ladyquot Tihon ailteU suddenly quotwith whom you brokeoii in Switrorand where is she at 1prusenI quot quotIierequot Another pause iquotPerhaps I lied to you at good deal about myseIIquotSIayrogir1 repeated insistently quotI mysoit do not know even yet well what it I have dotted them by the cruconoss of my contession it you did notice the challenge That39s the righl way They deserve it I wiii only torce them to hate me more that39s all It witt oniy make it easier Ior mequot I 39 quotThat is hating quotthorn you wilt too more corniurtabiu than it you had to accept pitytrom themquot quotYou39re right I am not in the habit oi being iranic but since I have started with you know that I despise them aii just as much as I do myseli as much it not more iniiniteiy more No one can be my judge I wrote this nonsense he noctded at the sheets iust so because the thought popped into my hoaat 39 just to be shameless perhaps i sirnpiy made up a story I exaggerated in a Ianaticai rnrornent d he broke on ahgrity and again reddenod as hetero because oi what he had said against his wiii lie turned to the table and with his back to Tihon again took up a piece oi the cruciiinr quotAnswer a question but sincerely speak to me alone as you would speak to 39yoursoII in tho cmltnrosrs oi nightquot Tihon began in a poignant voice quotIt someone were to torgiyo you Ior thisquot Tihon pointed to the pamphlet quotand not any one whom you respect or tear but a stranger a non whom you will never know who would lorgive you rnuteiy in his own heart white reacting your terrible contossion would I10 thought oi this make It easier Ior you or would it be all the some to you II it would injure your arnotrrptropro to answer do not speak but only think to your saltquot 34 Guilt and Shams quotll would be easier answered Stavmglnl under his breath quotll you were to lorglve me ll would rnalrs it much easier lor mequot he added qulcklry and in a hallwhisper with hls back still lowarid l39lllrJn 3939I will lnrglvs yClU it you lorglve me alsoquot said Tihon In at volts belrsylng dlstep ermllcln Whs l 5h 1 lllCl lfgi39UB ynu liarquot Slawogln larsed hlrn quotwhat have you clone tn me Oh vets that is your monastic lnrmula Blacl huxmllllly Do you know these ancient rnrmlltish lorrnlulale at yours are qullrs ineleganl D0 mu FIEEIW lhlnkl they are e legar1t7quot he grurrnbled lrrltsibly dn hut know why l am herequot he added sudclenl yr lnmuknllg arclllnd quotBah l have brolcen this thing ls it wrJrll l l1L39M39JUIl IWEFlllquot rl ll v t1 rEJulJll35 Never rnindquot said Tihon Or filly Why shoulldn39tl I mind Why slmlulld l brealis ycmr things and you forgive me the cl arrlraga Hare take these lilly troubles He produced rnorley and placadl it ran the ljabllla ll rml do not wish to milre it for ycllursrlll lpalsza it liar lhcr prlnr lnr lhs Church p u Hr grnew mlr39Jlr e and mars irrltab ls Listen I will tell you the whole lrulh l want tr hava you h39ll39IZli ll397E ms And perhaps In shave sncllller rrlanl and raven a third do so that but by all means lel elvarrholdy else hats mequot His eyes lllllslshed quotAnd universal p 1ilyl wlulrln39t you heal tlhal with hulrnliillitllyt39 quot c couldn I I do not want unhrelrlsalllt pity betslldlss rthlarrs scan has no utlnlveirisal pity ll is an idle quesllianl Llstsn l din not waxrll to wall l will publish lhs lshalelrnelnt W39iIlhDLl t all i I do not try to dlssluads me l calnlrml wall l csnrlnl I p he alcllzlad llarcew quot39l lear tar yrzlu Tlhon salads almost lirnidly quotll nu sre alrald that l shan l be able to enldurs It to endure their hatred quotNot hatred alonequot quotWhat elsequot quot l39helr lnughterf the words escaped from Tlhon as though Wllh dillticulty in a halrltwhisrperl The polar rrlan ccmld not lCO39l39lll39DI hlrnssll and breached a subject Whmh he knew it would shave lichen better to pass over ln silence Sllavragin was lsken altl3aclr His face betrayed ulnesaslness B had a lnrebocling ol ill Do you that lflnd rnn very ridlculclus after having read my dclcurnent Don l let it llroublla you drln t be lemlzmlrlrassed I expected itquot Trhan really seernedl emibarlrassed and hastened In nzllsr ea4 platnallclrls which ol course merely made rrlallers worse For such hlcroilc acts one needs mortal serenity even in sul lering one neecls Esplrilual enlighlnnmelnl but nuwaclays rlwral serenity is lnnwnern to be had A great cln lllct ls going Slawroglln 5 COf39li ESSi U Fl 35 an iaverywlnerlz Mun do not umlurslancl uz lch olllur as in lime lirlm ol lhe conlusion ol Babel quotThis is alli39very dull I know ii iii has been said a llmusancl limes A Slirmrragirl ll39IliLEl39ll39lLllD lIZ1Ll 39Bul consider llml yum will nol achliasm 1marl purposequot Tilmn began colmiing slralghl in Hl lE pnilnfl lquotllegally you El39E39luquotulE quotl391i39l lil lnvulrmrabla lhat is wlrliial people will say lirsl oi alll will sar casm Emma will lm pluzzllacl Wlm will unclcrsliancl lhlz lrur ielaa suns lm llm canllesslinn Ill39li39llEBEJ penplu willll purplasely rulusie In Lmder5lancl ii aim 5ll l39 I l unconwrmlinnpl atlas are lE l39ElJ39 mes muse alarm paopln hale cme anal lake irlnwmnga cm one NJ lllern lm ills xvmlll loves ils sllmminalinnl anti rimis nnl wish lu see ii lll1maliunud lot lhal r elai5nn imoplul W lHl Ilium il in llUlCUHquot l il ridicul e is lha world39s slrulnigesl WEapOlt lSpeall more prelciselfy say evellylllingiquot39 S lamaglrl urgud him quotAll ilirsli ml Ci lll39SE pimple will Ex E55 lnlorrvralr lmli ll will Lulu imam slmirn lhan mal iusl l save nppearancus I do nnl small all lljhe pure 5l ll l5YE llley will be hflmi39liecli prliv39anlely arid will Ulalll lil1ilt2mselves bul ih y will mail bu nolicml lmcaulsvg llley will keep silemi Tha msl lha WlJlHll1g5 Izmir clrlly wllal directly llm3alelni5 llulir persllnl l inlemsils Aller me lirsl pluzzlnnmxnl and lll igllel i39I0lquotiquot l i llmy will salon lmgin in Immll Thmn will im curiiusilyl almull lllis madlnalllw lm yam wil l IJE COll l5lI7JUliil39lJ a Fi39lEIUi39Millquotl llllal i5 nol quill a maclmm rxlla suilllciulnlly ll amp5339Cll39liSli JflB lair his ac lions in ail low quotll ll3m la smile al llllrlll Willi you be smile in lmlar ii Will rial your heart be lllllcd wilh such hmrcld llml yum will inevllav big and by lblasphemiing and so perish Tlml is wlilal l learlquot quotEu yml l mu u39 l39J lll39iS l 7 ll ilm surprised in sea wmll ii low oplliniun you have of iJrmpla llmw much llluy clisgusl youquot Slliaurnglin Cllquot Jpl3d39 in a l5D39l l39l3W hai lambillmmj Inna quotAnd will ynu ll3illlerle ma l AiudglleLl nlclm by lnwsull lhzln by wllarl I know of othersquot excliailmcd Tilmn quotFinally ls ll possible that lhere is lhal in your soul Wlli il res ioices in my quotl39llSlhJrquot Llnl3 7 wlm lll 39 W57 Pl39IIf1 J5 l lE r l is llilh W35 plerlllms llmm quot En augxlli Tell mu then l39I llZ y What is Illz l in my mainiuismipll lllml is lquotl dllE llllUiU5 ll Icnmv ll ll ly5Cl lml I want 39jI39 39lII39 linger in puinll il gull And say Til as cynllzally as 3lIl l55illJIU la cmlsn yuu tire a grlzal cynll o pr yml hnlly man are IBl I T l cynics mu dcl HUI 5 ll395P EC39l lo Kw igt39i 1El E39NlEnN you despise peoplalll Srmak Willi all Illa lranlmllzss nil l39lu39i 1il 239iquotl you are lcapablu Ami lll um lall you agllln lilml you are an awlully queer Illowquot quotEven in lha very inlc lion pf this great penitence mere ls sonmlilll g ridiculcus 50I nCllllnl39 lulsa 15 II were nijl to speak oil lhe lorm which is locus3 vaguu unsuslainnd Liecmlsc Slralwlroynlllrnl is Cor nssirorn 3 quotll you believe mail you can lorgivo yoursell and if you seek lo ailain lo that lorgiveness in this we rld by your suliorlng llien you have complete lailhlquot exclaimed Tihon raplurously quotHow lhen could you have said lhal you didn39l believe In Godquot llii ii39ll39Dgiii l 39 39l did l lll p ll s rrerr quotGod will lorglye your unlailh quotor in lrulh even in ignorance oi lhe Holy Ghosl you honour llquot quotThere Is no lorgivaness lor mequot Slzvrogln said gloomily quotin your book ii is wrillen lhal lliere is nd can be no grealer erlrne lhan lo oillend one ol lliese llllu ones in lhis hook herelquot l lo prolnllied lo lino Gospels quotAs to that I will give you joyous tidingsquot said Tihon wilh en1ollenquotChrisl loo will lorgive you if you reach the poinl WI ll39l lJ you can lorgive yoursell Oh no no do nol believe I am ulter ing blasphemy even ll you do not achieve reconciliation wilh yoursiell and selli l orgivenerssr eve1 llien lilowill lorgiire you lor yours iiinlenilion and your mineral sull lerinrl I lor ilheeru are no wonlsl in the human language no lhoug 115 in llie mind In express all the ways and purposes ol the Lamb 39unliI His ways are revealed unto us who can lalhom Him who is inlinile who can grasp lhe incomprehensiblequot Agaiin lille corners ol his nioulli l w il E13 l idi and a scarcely por ceplihle spasani passed over ills lace lie kupl grip on liinisuill lor awhile then broke down and quickly lowered his eyes Slavrogin look his hat lrorn lhe oola quotI will come again some lirnequot1e said wilh an air ol exlrerne laligue quotwe will I I apprecialo very rnucli Liolli lhe pleasure sol llie 1 a iii an d l ih e he in o 39U r r an d yo ur senlrl ernlsl ililiiirewel rn 3 l underslanld why some people love you so Please pray lor me lo Him whom you so love quotYou are going alreadyquot Til1o39i quickly rose Io his leel as ll he did nol expecl such a speedy departure quotAnd Iquot he seemed lost 39 I was lil lkiI ig ol making a roquesl uul now i don lrneioaw q ll airn alrra us s B Oh please do Slawogin inirmdialely sal down hat in hand Tihon looked al lhis hal al this pose llio pose ol 1 man exciled and hail crazy who suddenly pm on his society manners and was allowing hirn live minules to complain Ihe business al liand and grew even more conlused retweisll is imereliy iWl5quot l lmii your pylon rreavlfise rll liikro liayi Vsyavolodovilch lhal is lhe name I believe that it you publish lhese sheets you will ruin your prospecls Y 8 P G as regards your career lor example and In oilmr respectsquot quotCareerquot Slaivrogin lrownod or ii displeasure Wily rllln ill Welly ml so iil39llN U Kli3l Tnlllilll ciimlllll ulll ill lrlmslr I Grunt and Shzatmtta plmzsdtngtyi and obvinuisIvr aware at his awn aiwttcwardxntesis Stav ragtn itotalked siciltenedi t have already staici and It repeat att your tvmds will be iutita A and in gurnttatratl out tonvatrsta39ttun ls b eccamiinu Irt l alat EbiB X 0 He turned sizgtniticantty in his iarmchair quotYmt dim undiersttand ma Llislert to me and do not get lir ritated You know my nztapinicmzt what you intend in dloi it it really is tlwea result at humaiililry would us a dead at tha highest t hirtiatian htemism pmvided you t1nt d out Even ii yaut datnt t the Lord KWII take atccount at your origiinat sacriI ia Every lhing will be taktan into tactcntutnt mt a wow nut ta rnmremgnt oi the spirit not a hatittinavugthtt twill be inst But I utter yatu instead an even itighar d E tsamething great tzuewztnd qua stIiutn39i39 Stzwrogin was siilienit quot otu are D39DS E5SBd by a dcSirta tar mairttyrtdam and 5eii 5acr l397llh tCLE tzwerwtme this ctesiite tan put aside these sheets and your ir39tl itDni and than you wilt otverctnme eiveryithiingt You will put to ishanm your prwe and yunur demcmt mu wilt and as a vtiitzttmx mid achtievn l reed Dm a HIS eyes ttiinatitad ha citasped his hands ibesaecthinglyi Himtt rtitjtrbtitdtty you reaitcttt ta alt this and haw highly you prim it alt i Believe me however that t apptetciaita it i 391Wquot Stawag in said 3DMlampl39I39 but not without ctiisgutsl as it were anserva that you are tzagcr to tay a trap tar trnta unqueistiatnabty twiith the WIDEEEEESE purtposa out at a detsim tar gamut and out at love tor rnainktnct Wnati you want is in have me settle tctnwtni to hiatus me rnarvt perhaps and and my tire as at rnteember of the Llatal club vil5 Il39ifl39t4gt the ntntntastery an tttotictattyst ilsnft that so Hcwever as a iruadcr cat neatrtsr and a Cly ict DEtquotl tap5 you have at io relmdiin g that no doubt that39s new it will all end and it s tail ta quesction at having ynu plead with me insisteniltty tar the Sali of appearances beV cagste at mat 0 after is to be cniaxed isnquott that 50 t wager that you are alisto ttttiantking tot rrw moth er and her ipeattte at rnind v itin srni e d wrylyi 39 39t to nut that penance rm preparing another m1aquot coxnttiniued Tthctrn with tire itaiititmutt ptayting the siiigghtetst attetntimt to Stav raginis retmaark and his lattgjhler quotI know an old rnan not tar Imrn hem at mania and a hmmi l and at such Ch stian wi5d39am that yen and AI cuurtct hartzlty untumristanidi it Itat twllil hxaeri my an5 tretaties It witt trett him everything abnzut yatJ Witt you patrmil rna i Go to him and ahetzome a nmritze MTtdE tquot him for sao rne iisva or savain y uair5i tar as long as ttgmu iind it tnecessaryi Taitie a vaw and with thrisi great sacri ce yam will puirtchasa all that grout desim and even imam than you eaxpectl or you canrmt uintdmstand now what you will receivequot Slavrogln s Conlosslon 39 5i39iIlVl39Oltil39l llslonolzl oollrlnlolsllpl llll i chunks u lU395l UE You told me become a monk and enter a rnoniaslory ho asked quotYou do not Thovo lo onlor to molnoslolry You do not have to take orders Simply be o novico socially You can do this living in the worldquot 39 Oo i l ill Fililiii f Tilllonquot Slimrogin inlormpleo uislguslodly and rose irom his chair Tlhon rogao also What is the maltizr with youquot to oxcloimod suddenly staring ialnWi i U39S m lilolalrllrulllay oil rihlU Tihon stood boloro him liis palms pro sod logulher and llnusl lorward and a morbid convulsion apparently caused by an wor wLholmin lo o r lniolilnlornlllwily iiiimiitlllrli ilj his ll oalu ro k quotWhat is the mailer with you Nhal Is the mallet with youquot repealed Slimrogin running Iowan hlmlo support him It seemed to S low o gli ni iiiil i tho mom was on 0 to ro quotI see I see clearlyquot oxczlaiiniecl Tihon in a penetrating voice and with an expression ol most intense grlel quotIhal nuvor poor los ll yoiulh iii ovo yowu ooo il no E1 to r to on him on ti mom All 0 l39 riolo crirno than at this rnornenl quotCalm yourselllquot Slavrogin bog Jed him positively alormetl lor him 39 Perhaps i will pos llpohol P s ll Y o u ro iwigllllt 1x Ll will tl39l t39 rl139llli i ll lish tho shoots Cornposo yoursollquot quotNo not alter tho publication but owon boloru it 1 day on how perhaps b exloro lilo glroolll sloop you wiilll p l unguo i nll o o tnow crime as a way out and you will commit it solely to avoid the publication oi these sheets upon which you now insisI 39 lSloi r oigli ni voriwhly 5h0i0iiEl with angor and almost wilil l oor quotCursed psychologistquot he 5UdGt r Iy cut the conversation short in a rage and without looking back lot the coil Jorge Luis Borges Labyrinrts Selected Stories amp Other Writings New Directions Publishing Corp 1962 Emma Zzmz Returning home from the Tarbuch and Loewenthal textile mills on the 14th of January 1922 Emma Zunz discovered in the rear of the entrance hall a letter posted in Brazil which informed her that her father had died The stamp and the envelope deceived her at rst then the unfamiliar handwriting made her uneasy Nine or ten lines tried to ll up the page Emma read that Mr Maier had taken by mistake a large dose of veronal and had died on the third of the month in the hospital of Bag A boarding house friend of her father had signed the letter some Fein or Fain from Rio Grande with no way of knowing that he was addressing the deceased s daughter Emma dropped the paper Her first impression was of a weak feeling in her sternaeh and in her knees then of blind guilt of unreality gfeeidness ef fear then she wished that it were 39 already the nest dlay lmrnediately afterward she realized that that wish was futile hreeause the death of her father was the only thing that had happened in the world and it would go on hap pening endlessly She picked up the piece of paper and went to her room Furtively she hid it in a drawer as if somehow she ailrvestly knew the ult erier feets She had already begun to suspect them perhaps she had slrzeady heeeme the person she would be A in the resvtingl la wept until the end of that day fer the suieide ef ivIanuel Maier who in the old happy days was Emmanuel Zens She remembered summer vacations at a little farm near Gualeguay she remembered tried to remember 132 Emma Zunz her 391t1 tEf ehe rereerehered the iittie heeee et Lereie whieh hed been eeerieee1 e ehe remembered the yellew ieeeegee ef e eriedeer ehe reetembereed the eeerreet fer erreet the igeerehty ehe rernemheree the Ieieee pee lettere h ne erepeperie eeeeent ef the eeehierquote eeetbeeelemreetjfi ehe rerneerhered bet this ehe eeeer ferget thet her feether en the lest eeeere te her te t 0q thief Leeweethel Leewertrtheh Aerree Leeereethel iemterly the meeeger ef the ieetery P eeer ene ef the etenere See Wile Entree hedi geerded the eeeret She he reeeeied it te rte erte net eeetr te her beet friend Elie Ureteie Perhepe ehe wee ehtteeieg prefeee i C7fEd1Jiitquot perhepe ehee helieee then the eeeret k6 e lieit Verereee hereeii end the eheertt perertt Leiereeethr did net heete thet ehe lteete Ererne J 0 z erie ed free thie eiight feet e feeling ef pewetri She U rtet eleep thet eiht eeedi when the ret light ei detee de ned the reeteegle ef the teiedew heriplee were alerted Per fected She ied the reeltie the dey tehieit eeemed ieiterreieeile te her eey ether At the ieetrr there were reetere ef e etriIte Ereree tdee iaf d htereeif ee ueeei egeinet ell eieieeee er p e e1eel j with ieterit ever ehe teteet with Else te he teetttertie deb thet hed e gjreeeeeieet end e peel The eigjned their eereee ehe pb rte reeeet eeti epell eet her first end her ieet eeree ehe head te reeperei te the euler jehee thet eeeeeepeeiee the rgrteeieel eetereietetien p Elee end teith the jmeegt ef rheKreefeee girls ehe dieeeeee whet eteeie they eeeeld ge te eitereeee Then they telltedi ehetttt herfri ende 6 rte eee eepeetedt tree te eeeeh In April ehe ereule he eieeteee yzeere eld her reee ieefpired in her etillt ee elmeaet pethelegieel feet Herring retereed heree ehe preperedl e tepiee eeep eeti e fEW eegetehlee ere eerIr rereet te heed ertti iereed herself te eleep in p eeey Iererieee eei ttieieL Frirlejr the fifteenth the dey hefere eiepeed Irepetienee ereite her en Seterder Irepetieeee it tees net IIt1E1E i e55 ertd the epeeiel relief ef it heie thet eey et ieett Ne l rrger did ehe heee te plen end irnege within e few heere the ehepwi eity er the feete eeeid etz eei She reed irr Le Preeee thee the iNee rttfei39re39eei eet ef Melmei quotetereid eeii their eeeteihg frere Pier 3 She pheteed Leeweethelr ieeieeeted that ehe ereeetetd te I33 Labyrinth con de in him without the e ther girLs ltnewving aemething per taining to the strike and she premised rte step by at his o ice at nightfall Her voice trembled the ttemer was suitable to an informer Nothing else of note happened that morning Emma worked until twelve o39clock and then settled with Elsa and Perla o the elf their Sunvtlay a39I 7telL She lay w after hmeh and reeiewe with her eyes clesed the plan she had tie eiised She thesnght that ee v step would be less haeteinble the L and that it weultl E1 btl39E5EiT a ierd her the taste ef eieateiljr and j stieae Suddenly alarmed she get up and ran tie the dresser dta wer She epened it beneath the picture ref Milten ills erher e ehe had left it the rught befere was s letter Ne ui eieeuld have seen it she began te read it and tare it 11 Te relate with same realit5r the Ei quote t5 ef that iaftetneeni wleni ld be pethaps unrighitieeue Dee attribute ef la 11e1hsl1 experience 5 5 an a1ttibltute that seems te allay its tetters and which aggravates them perhaps How could one make credible an action which was scarcely believed in by the person who executed it how to recover that brief chaos which today the memory of Emma Zunz repudiates and confuses Emma lived in Almagro on Liniers Street we are certain that in the afternoon she went down to the waterfront Perhaps on the infamous Paseo de Julio she saw herself multiplied in mirrors revealed by lights and denuded by hungry eyes but it is more reasonable to suppose that at first she wandered unnoticed through the indifferent portico She entered two or three bars noted the routine or technique of the other women Finally she came across men from the N ordstjzirmn One of them very 39 young she feared might inspire some tenderness in her and she A chose instead another perhaps shorter than she and coarse in order that the purity of the horror might not be mitigated The man led her to a door then to a murky entrance hall and after wards to a narrow stairway and then a vestibule in which there was a window with lozenges identical to those in the house at Lan s and then to a passageway and then to a door which was closed behind her The arduous events are outside of time either because the immediate past is as if disconnected from the future or because the parts which form these events do not seem to be consecutive I34 Labyrinth real passion With intimate embarrassment he knew himself to he less apt at earning it then at saeing it He was very teiigiens he heiietretl he had 1 seeset pact with Gd tehieh exempted frem dein gee its eschaege fer para ers J piety Held fat Wearing the bend et meerning srnelted glasses and hlend heard he stading neszt tee the wiedete39 awaiting the eet dentiiel repert ef tset her Entef He issuer her push the item gate which he had left open for her send etess the gleeem patio He saw her make a little detour when the ehJe deg hatched Emmais lips were metrina 139aP39idl39 lilee these ef semene pieting P a lesser sreiee they tsetse tepeeting thequot sentesieve whiesh v L eeesenrthai ereuId hear he fere 39 Tltings did net hapen as Emma Eerie had antieipeted Ester since the merrning bef ete she had imagined Iiterself wieldin thee l t39EIl1FEf gfereing the tetethed ereatere te eenfess wret ehed 1 iit and eepesing the daring stratagem which would petmi t the estiee ef Gee the triumph over39human justice Not eat ef fear hezt heeaese elf being eh instrument of Justice she did not want to be punished Then one single shot in the center of his chest would seal Loewenthal s fate But things did not happen that way In Aaron LoeWenthal s presence metre than the etgeeejs of avenging her father Emma felt the tseed ef ie ie gng punish ment fer the eettaae she had suffered She WEE enable net to P sites that therettgh dishonor Nor did she have time fee tiflestties Seated she made zestetaees tel Loewenthal she it1eelted as a Pl i quot i39ilEgE ef the iI1jEIJ1quot39ITr1EfI the obligation of leysltp uttered a few E inferred ethers sated broke off as if feat had eenqneted her She managed to have Loewenthal leave to get a glass of water for her When the former unconvinced he seeh a fuss hut i39nde genr returned from the dining room had aJeeadr ta1ten the heavy revolver out of the drawer She squeezed the ttigget teaiee The large hedge eeiiaseld as the teperts arid the sreeite had shattered it the glass ef eratet smashed the face looked at het eaitfh ramaeeeteet an anger the mouth of the face swore at her Spanish and Yiddish The etil words did not slackeng Emma had to re again In the patio the I36 Emma Zunz ehei11e deg breke eer berIeirg e gush ef 111de bleed eered free the eheeene lipe end ee ed the beerd and ehe elethiug Emma bege the eeeeeeeien ehe had prepared I have avenged feIth eer end they 0 net be eble ee punish me 3 but ehe di net eieh it beeeuee J Leewentheel heel elree Jr died She never knew he managed ten undereeend The eetreining berks remin ede L there she eeuld eere jree rest She dieeerenged the eiieem enbeeeenee1e the deed rnerfe ieeeket teak e the heepetterled gjleeeee and left them en the ling eelzzninet Theme ehe picked up the teleepheene end repeeteel whee ehe weeid repeat ee 39menyquot r eegeie with theee ee with etlmee werde Seeeeeefeg eeere ampie39e 0 Esueeeed e rr Leeeeee e ei i395e wee ever ere e e iereeeee ef ebee eeeziee A eleeered meg I eeee P emelly the eteery ever incredible but it imlpreesee everjee e beetmstee eubetentie jr it wee True b z Zena teeee Hue heir eheme her here Tnie e eee wee the eutrege ehe lied eu eereed EiIEH 1EtE EEE were felee the d Lene er ewe peel er nemee Treeefeeed jr D e 137 14 Articles The Storrs Lectures Liberals and Romantics at War The Problem of Collective Guilt George P Fletcherquot CONTENTS I INTRODUCTION 1 501 A De ning Romanticism 1504 B Two Views ofthe X 1507 C Two Views of the Coliective 1509 D Implications for the Law 1510 II CRIMES 0F39lquotHENA39I ION 1513 A War Aggression and War Crimes 1514 1 The Case afthe Polish 1518 2 The Case of the German n 1520 B Crimes Against Humanity and Genocide 1522 This is a revised version of the Storrs Lectures presented at the Yale Law School in November 2001 Cardozo Professor of lurispmdenoe Colum bia Law School I would lilsze to timnlc many friends and colleagues for enriching my IhoughIs in N P Q of develiopting p Eguri1EI1ls391n light of my general thesis I liresitate to iinyolzee Jim oo nvm1ional solaimer about M sole responsibility for my errors My quotquoteoIleelive for ms project has imlu eu39 Bruce rekerman li ng Amold Jack Ballcin TDany Ce lemajeri Russell Eiiristopher aid Cohn Jiulres Eoiemam Mirjan Dama a Eve Epstein Gwen FEES G F39iEIEiiEI Robezli Gordon Dawiidi Hey l ToHsiu Anthony Kronman Frank Lossy Herbert Morris Nancy Rossenblum Km SeeImanr1 Stevie Sheppard Jeremy Waldron Emest Weinrib and James Whitman IIeinonlipe 111 Yale LJ 499 2001 002 aged wrth the Permrssron of ale Law ournal 53 1500 IV VI VII Vm CONCLUSION THE SOCIAL MEANING OF COLLECTIVE GUILT The Yale Law Joumal VOL 111 1499 THE GUILT OF NATIONS X E 1526 A From Collective Action to Collective Guilt P X 1526 B From Collective Guilt to the Guilt ofNationS 1529 39I HE DISTRIBUTION OF GUILT AN ARGUMENT FOR MrrIGAT1ON 1537 Two PERILS OF ROMANTIC THINKING 2 1544 A The Excess of Transmission by Birth M 1545 B The Problem of Guiltless Sincerity 1550 SHADOWS IN TlIE NEIGHBORHOOD RELATED CONCEPTS 1554 A Individual Responsibility Square One 1555 B Collective t espaneiilitjir rf quare T wo 1557 C Individual P S39qIuTre Three 1558 D Collective Shame rSqIIere Fouri 1560 SHADOW FROM THE PAST THE HISTORY OF GUILT 1561 A Guilt in the Bible P 1562 B From Objective to Subjective 1564 C Feeling Guilty 1566 1567 54 2002 Collective Guilt 1501 I INTRODUCTION Somehow we in the West thought the age of war was behind us After nuking Hiroshima after napalming Vietnam we had only distaste for the idea and the practice of war The thought of dying for a noble cause the pUr39539lll 39l ef hettnr in the name calquot petrie brotherhood in arms none of this apiealed te its angymere I war and so does Eleanor opined FDR in the weftrepeated lyrics Pete Seeger War became a subject for ironic rlisdaian As Trim Lehrer caught the of the 19603 We only want the world to know that we support the status quo So when in doubt Send the Marinesquot 2 Behind this disdain for war lies as well a distaste for the Romantic view of the world that tends to glorify the nation and war as an expression of patriotism As Nancy Rosenblum argues in the Romantic view of the world war and militarism become sources of inspiration Identifying with an ideology worth dying for accepting a place in the hierarchy of command becoming part of the ghting ree1tleetiire these are actions and commitments that lift men out of the quetidian and enable them to feel that their lives express a deeper meaning Revolutions and wars of self determination have always appealed to Romantics In the beginning of the nineteenth century the Greek war of independence captured Byron s imagination The War of 1848 brought Francis Lieber face to face with the glory of battle The Spanish Civil War had a similar appeal in the twentieth century As Barbara Ehrenreich describes the popular reaction to World War I the outbreak of hostilities in l ALMANAC SINGERS The Ballad of October 16th on SONGS FOR JOHN DOE Almanac Records 1941 2 TOM LEIIRER Send the Marines on THAT WAS TlIE YEAR THAT WAS Wamer Bros 1965 3 NANCY ROSENBLUM ANOTHER LIBERALISM ROMANTICISM AND THE RECONSTRUCTION ot LIBERAL THOUGHT 1112 1987 at quot Rttt1ttniicismquot is nnttletsteed here as a ef tnintt that enLetiate the Itisterical flewetizng ef Remantic tinlting in the late eighteenth and early iflElEaEi1lhttEnltu1rlE5 Fer eiiente te elaritr this rlistit39tctitte attinide tewartl the werld see irtfm acestt1panying netes 72239 Clentrery to pepttlar belief Gee tge Gertiett Bymrn l IEEIlEE4 chtl net die in eernhat during the Greeit war He died at a thiIl reeeived in an April reineterrn en the island ei Mieeelenglti Etm Etstett 39E t39ED39h1 111414 11959 6 Francis Lieher r lr IBTE T a Cieirmen iitnmigrartt he the R States restpensfhle fer ret rules ef Ettg gcnt nl Fnr tttetilerrt p ltis General Glitter llj ei IEE3 whieh m the guirlehneit fer Uniert armies in the field 1 Sets GEHEFtaL1 att3tEH Ne FUD Itastnuctnetits Ft e z Gav JeMeMT er t HF we UHETTED STATES tit TIquotIE P New quotIquotetlt 0 39IiEtif3 Wt1en the Reirelntien ef lE ltrelee eat in i3ent1an339 he was leetnring at E euth 39C39arelina Cellege teeerdiing te il 39gL ilT1 l he hirelte out in K antl left immediately in tight in henteland I Aatitutt H Lrustn1s Dettit IN THE ULIVE GROVES AMERICAN VOLUNTEERS IN ma 5P ttli1139 Trial 39Tquot E ttrt Wear lgiir 1939 at 4 trees 55 1502 The Yale Law Joumal VOL 1 11 1499 1914 unleashed a veritable frenzy of enthusiasm not an enthusiasm for killing or loot but for something far more uplifting and worthy The aversion to war that set in after Hiroshima and Vietnam represented a rejection of this Romantic sensibility Finding meaning in warfare was relegated to the outdated attitudes of another time In popular culture at least things have begun changing and the shift became evident even before September 11 If the postwar and Vietnam eras found expression in lms like Dr Strangelov and Apocalypse Now the new spirit of patriotism became visible in Steven Spielberg39s lm Saving Private Ryanquot and in Tom Brokaw s bestseller The Greatest Generationquot Slightly more than fty years after the event the invasion of Normandy became a focal point of nostalgia and renewed interest in the lives of heroes bound together in the brotherhood of battle Consider that Joseph Ellis bestselling historian and professor at Mount Holyoke College made up heroic military adventures to please his students It would have been unthinkable for a professor circa 1970 or 1980 to think that he could impress a university audience by pretending to have fought against the Viet Congquot The recent call to arms against terrorism came when many Americans were yearning to believe once again that our highest calling lay in going to war for freedom and the American way Whatever may happen in the culture at large the law has never been a particularly hospitable place for poets and Romantics yearning for peak moments of experience Perhaps some lawyers who litigate grand political issues experience something like Romantics going to war But by and large we in the academic world are committed to the orderly life and at least on the surface of things to a set of ideas that I describe as the opposite of the Romantic ethic We advocate the principles of voluntary choice methodological individualism and individual responsibility All challenges to the hegemonic way of thinking are simply accommodated as variations on individual needs and preferences For want of a better term I refer to this collection of ideas as liberalism Not many would dissent from the claim that the dominant culture of the law school world is this ever 8 BARBARA EHRENREICH BLOOD RITE ORIGINS AND HISTORY OFTHE PASSIONS OF WAR 13 1997 9 DR STRANGELOVE Hawk Films 1964 10 APOCALYPSE Now Zoctropc Studios 1979 ll SAVING PRIVATE RYAN DrearnWorks SKG 1998 12 TOM BROKAW THE GREATEST nwrrron 1993 13 Pam Belluclc On a Sworn Mission Seeking Pretenders to Military Heroisrn NY TIMES Aug 102001 at A1 14 This shift from an aversion to a glori cation of war was brought home to me in the classroom When 1 was writing my book on loyalty in the late 1980s I made some comments to my senrlnar at JL Enlnmhia larv O about the Vietnam War and the natural reaction of my geneatinn tn trlissentt fmm war and to avoid ghting The students in their early twenties objected unanimnnsly In rny ensue arri39Inrln Inward the war One of them said We regard your generation as unpatrioticquot 55 2002 Collective Guilt 1503 yielding allencompassing fonn of 1iberalism the Lquot word used of course in the philosophical rather than the political sensequot There are variations of liberal jurisprudence but there is no school of Romantic jurisprudence Admittedly the R word crops up here and there in works by James Whitman on early nineteenthcentury Gennan attitudes toward Roman law Steve Shiffrin on the First Afnendment and Vivian Curran on the disputed distinction between common law and civil law A Lexis search reveals about 500 documents in the year 2001 containing the word liberalism 399 In the entire database of law reviews there are about the same number of references to Romanticism and often the use of the word is incidental or dismissive as in the expression naive Romanticismquot 2 A single methodology dominates the legal discourse of our time Whether the talk is of law and economics of constitutional law of corrective justice or of human rights the methodology remains the same What counts is individuals their rights their preferences their welfare Perhaps we are missing something by ignoring the impulses that led Romantics to worship an expansive self that could identify with the entire nation as an actor in history The Romantics in Germany in France and in England though there were ample differences among them created an alternative to methodological individualism They developed a way of thinking about the self and about the nation that challenges us to reconsider 15 These views are expressed by the liberal philosophers of law The standard works are BRUCE A ACKERMAN SOCIAL Iusrrcn IN re LIBERAL STATE 1980 Rormu Dwonrcm Law39s EMPIRE 1986 and JOHN RAWLS A Tneonr on Justice 1971 The advocates of economic thinking in the law are also liberal in the sense that the basic foundation of their analysis is individual preferences The orthodox line is found in GUIDO CALABRESI THE COSTS OF ACCIDENTS 1972 and RICHARD Posnen Ecortomtc ANALYSIS on LAW 5th ed 1998 I6 JAMES Q Wnrman THE LEGACY on ROMAN Law IN THE GERMAN ROMANTIC ERA 1990 I7 STEVEN H SHIFFRIN THE FIRST AMENDMENT DEMOCRACY AND ROMANCE I990 l8 Vivian Grosswald Curran Romantic Common Law Enlightened Civil Law Legal Unifonnity and the Homogenization of the European Union 7 COLUM J EUR L 63 2001 see also Anne C Dailey Holmes and the Romantic Mind 48 DUKE LJ 429 1998 I9 A search of the Allrev library on Lexis January I0 2002 revealed 499 citations to liberalism for the year 2001 A search of the same Lexis library on the same day disclosed 603 citations to t ornanticisrn for the entire time span of the Lexis collection 20 Eg Cynthia R Farina Getting from Here to There 1991 DUKE LJ 689 709 noting that civic republicanism had been accused of being the worst sort of naive romanticismquot Garrett O39Connor The Psychology qf Adolet39cenr Addiction 3 VAL U L REV 70 712 1997 warningsagainstsregarding the descriptions of social conflict as based on sentimentality or naive romanticism 21 There is some dissent from this view in the feminist emphasis on relationships as the framework for analysis of rights and responsibilities Thelocus classicus of this critique is CAROL GILLIGAN IN A DIFInnntrr VOICE 1982 See also MARY ANN Guauoon Rrorrrs TALK THE IMPOVERISHMENT OF POLITICAL DISCOURSE 1991 The ethic of care supposedly derived from Gilligan provides the basis for a different methodology Sec Leslie Bender A Lawyer Primer on Feminist Theory and Tort 38 J LEGAL EDUC 3 3036 1988 suggesting the imposition of a duty to rescue based on a feminist ethic of care and interconnection 57 1504 The Yale Law Joumal V0 111 1499 liberal assumptions about both the virtues and the vices of collective entities of which we are a part Of all the attributes of collective entities the phenomenon of collective wrongdoing offers the greatest challenge I want to take seriously the possibility that entire bodies of people in particular the nations of which we are a part can be guilty for the crimes actually carried out by a few It is obvious that this possibility of collective guilt outs liberal premises which hold that only individuals can have the mens rea 0 it tender the malice necessary to be held guilty for wrongdoing Though probahly have more sympathy for collective guilt than can be formed in the ourrent vaeadernie culture ll conceive of this Article as devoted not to a thesis but to a problem The problem is whether it is acceptable to ascribe guilt to collective actors and particularly to nations like the United States France and Germany The problem I argue is an outgrowth of larger conflict between the mentality of liberals and the sentiments of Romantics For liberals and Romantics at war this is one of the primary intellectual elds of battle As the ght over collective guilt is won or lost so are larger stakes decided Is the individual the ultimate unit of action and responsibility or are we as individuals invariably implicated by the actions of the groups of which we are a part A De ning Romanticism At the outset I should clarify some of the basic terms and distinctions that accompany us in this exploration of the problem of collective guilt The most ambiguous concept of all lies at the foundation of the inquiry namely the idea of Romanticism A good way to situate the contested concept of Romanticism in intellectual history is to see it as one pole in a larger set of oppositional concepts On the one hand we have stability order universality and the boredom of the predictable and domestic On the other hand we have revolt disorder partiality and the intense ames of lust and creativity This is of course the way the Romantics might describe the opposition The devotee of the Brandenburg Concertos would presumably use more honoriftc terms to capture the beauties of classicism These differences expressed in the opposition between Bach and Beethoven Rembrandt and In liteteture on the subjoe1 one nds eonsitlele despair about RD FtaIlIiEi5IIL lSAInll uF THE FLTE 39 FquotEDMeHTrtElEel ll 22 lL 999l For n elteptieal analysis of Romentieiem see R39ornenrieism F B r39r39ef Hisrort of o Cotioepl in A EDMPANTIIDIN 0C2 HD39MAH3939IEI3M 3 Donate we 0 IE Aeeoniing to one tle nition of o lesfsfieisrrt in music Haydn and Mozart are leading eternplery eloesieal eornposere anti the style is aE by P 5 ta oo neero for musical forth with e greater elrnphasis on elerit1r with more concise rnelotlie reepreesion Kolmity of instrunteetel lorquotquot 39EilZl39 39iI3939El N7eL l1 5EiI iE l or ltttpHwwwele5simJnetl mu5ictrepdefeJ39oloeshtrnl last visited Mar 5 2002 58 2002 Collective Guilt 1505 Delacroix are of course disputed but for the purposes of this Article I need not improve on Isaiah Berlin s breathtaking account of the German Romantic reaction to the French Enlightenment For Berlin the core of Romantic thinking lies in the expressive self insisting on its own distinctiveness and value The uniqueness of each person and by analogy of eachsnational culture leads to a rejection of the Enlightenment ideal of a universal culture based on reason The French philosophes held that all problems are soluble all values comparable all issues amenable to the solvent of universal reason In general terms the German Romantics from Hamann and Herder to Schleiermacher and Schiller shared an aversion to this attening of cultural particularities Their common denominator stands for the irreducibility of different selves and the incomparability of distinctive cultures The subjective and the particular take precedence over the objective and the universal Expanding on Berlin s preoccupation with the Germans we should think of Romanticism then as both a historical and cultural phenomenon and as a methodology The historical phenomenon made its appearance at various stages in the late eighteenth century primarily in England and France as well as Germany In England the poets led the way under the banner of Wordsworth s dictum that poetry is the spontaneous overflow of powerful feelings 339 Rousseau s views on the social contract came at our problem of collective p y earlier and from a different angle Eugene 24 BERLIN supra note 22 at 95 The only thing which is worthwhile is the exfoliation of a particular self its creative activity its creation of values its dedication of itself to these valuesquot 25 The thesis about unique national cultures is expressed famously in Johann Gottfried Herder Abharrdlung uebcr den Ursprwzg der Sprache On the Origin of language in ON THE ORIGIN OF LANGUAGE I78 John H Moran amp Alexander Gode trans Frederick Ungar Publ g Co I966 I172 26 Berlin summarizes the basic tenets of the Enlightenment as the faith I that all questions about the world have answers 2 that these answers are knowable with the use of reason and 3 that all these answers are compatible with one another BERLIN supra note 22 at 2122 For an American used to our chaotic systems of weights and measures the spirit of the Enlightenment is well suggested by the metric system adopted in France in l795 a system expressing a rational view of all units of distance space and weight as reducible to a single common denominator 27 Berlin credits IIarnann with beingthe rst Romantic to attack the EnlightenmenL See ISAIAH BERLIN THREE CRITICS OF THE ENrrGHTErnrEt r 272 2000 28 Herder supra note 25 39 29 See Richard R Nicbuhr Schleiermachcr Friedridz Daniel Emst in 7 ENCYCLOPEDIA or PHILDSOPHY 316 317 Paull dwards ed 1967 noting Schleiennachefs critique of Kant for devaltiing the39particular arrd39idiosyncraticquot 39 30 The famous dramatist Friedrich iron Schiller also wrote an essay on one of the characteristic concepts of the Romantic movement the notion of the sublime FRIEDRICH VON SCHILLER NAIVE AND SENTIMENTAL POETRY AND ON THE SUBLIME Julius A Elias trans Frederick Ungar Publ g Co 1966 1795 3 39WlLLlAM Wonosworrru Lvrucar BALLADS at xiv Woodstock Books 1997 I 800 A conventional dating of the movement relies upon the publication of the first edition of Wordsworth s Lyrical Ballad in 1798 39 32 JEANJACQUES ROUSSEAU THE SOCIAL CONTRACT 7274 Maurice Cranson ed St Martin39s Press l968 I762 L 59 1506 The Yale Law Joumal Vol 111 1499 Delacroix bom at the time that Wordsworth was writing brought tl1e spontaneous expression of feeling to the canvas 3 In Gennany the movement took different contours and expressed itself in different ways Joharm Georg Hamann bom in 1730 was a critical early gure in the German reaction against the French Enlightenment Though he was good friends with Immanuel Kant Hamann rejected the philosophy of reason and urged instead an antirational emphasis on holistic religious experience Kant himself became a transitional gure because his emphasis on the autonomy of the self lent itself to misinterpretation by later Romantic thinkers In the course of the nineteenth century the Romantic movements had an impact not only on German music and philosophy but also on the course of German law Savigny argued against codi cation in his famous monograph of 1814 on the ground that although the French thought they had found the universal approach to law in the Code civil the German nation would have to evolve on its own and nd its distinctive path among the legal cultures of the world These artistic philosophical and legal themes interwove in the late eighteenth and early nineteenth centuries to generate a movement a family of related views that emphasized feeling over rationality particularity over universality and the impulses of genius over the predictability of nonnal life With so many different elds in play ranging from poetry to art to music to philosophy to theology and nally to law it is not surprising that the term Romanticquot is associated with different antonyrns in different contexts In some cases the contrast is between Romanticism and classicism art music in other cases the distinction is between Romanticism and orthodoxy theology For our purposes the critical opposition is between 9 Romanticism and liberalism There is no claim here of a onetoone correlation between liberals and Romantics on the one hand and a position on collective guilt on the other Some people who are not Romantics or show no signs of being Romantics might subscribe to collective guilt Karl Jaspers and Margaret Gilbert are good examples And some selfstyled Romantics might avoid the inference from the nation asactor to the nationascriminal These are all 33 Signi cantly in one of his earliest notable paintings Massacre at Chlos painted in 1824 Delacroix centered on the themes of glory in warfare 34 BERLIN supra note 22 at 40 35 Id at 4045 36 Id at 78 discussing Schiller s adaptation of Kant 37 FluDrarucrc CHARLES VON SAVIGNY 01 me VOCATION OF OUR AGE FOR LEGISLATION ANDJURISPRUDENCE Abraham Hayard trans Legal Classics Library l986 l83l 38 KARL JASPERS THE Qur39s39noN or GERMAN GUILT EB Ashton trans 1947 39 MARGARET GILBERT The Idea of Collective Guilt in SOCIALITY AND RESPONSIBEJTY 141 2000 50 2002 Collective Guilt 1507 understandable positions My claim is only that a strong methodological and cultural affinity binds Romantic thought to imputations of collective guilt on the one hand and liberal thought to the insistence that only individuals can be guilty on the other in the following two Sections I outline some distinctions in the theorim of collectivity and of guilt that are necessary to this exploration of collective guilt I will also clarify the difference between associative and aggregative guilt and stress the distinction between being guilty and feeling guilty Bl Two Views oftlte Individual Romanticism and liberalism both focus on individuals but in different ways Romantics cultivate the individual as a source of value The unique feelings of the poet the private vision of the painter the existentialist quandary of the theologian these are elevated in Rornantic thought to ultimate points of reference Genius is celebrated as the supreme virtue For liberals individuals are at their best when they are the in the street one like the other Their selfreplication can occur at the base level of their preferences their libidos their aggressive impulses or at the higher level of their reason Liberals 39orn i Smith to Immanuel Kant all thought about individuals as created in much the same fonn It should not surprise us then that the crowning moral achievement of the eigh teentl1century Enlightenment was Thomas Jefferson s effort to bring all individuals under a single formula of moral equality quot The all men are created equal is surely right so far as it goes In some sense we are all the mirror images of each other but the Romantics insist on a different perspective on individuality on creative sentiment as a lamp radiating illumination to in nity The Romantic conception of the individual as an expandable source of spirit explains the easy transition in Romantic s from the individual self to the nation The nation bears the characteristics that constitute each individual tl1e language the history the culture the bond between R geography and self As the exnapolation from the Romantic self the nation forms intentions acts achieves greatness suffers defeat commits crimes and bears guilt for its wrongdoing We nd variations on this theme in Romantic ideas ranging from IIertler39s views on the characteristic cultural 40 Recognising my own contradictory responsw on these issues I confess to great admiration at iese liberal achievements George P Fletcher In Gudquots Image The Religious Inrperntive of Equality Under Law 99 COLUM L REV 1603 1999 41 The lamp as a for the Romantic spirit is 5 in the title of the in uential book f THE MIRROR AND THE ROMANTIC THEORY v T TRADFIIOH W53 e R 61 l508 c The Yale Law Journal Vol Ill 1499 expression of every nationquot to the political principle expressed as we shall see in Rousseau s volont generals Not surprisingly Romantics are drawn to movements to crusades and nally to armed conflict They are prone not to peny bar ghts but to mass engagements under a flag proclaiming their collective identity For the poet William Wordsworth the 1809 Convention of Cintra allying British and Spanish troops against Napoleon was an ecstatic moment bestowing upon the English soldier a chance for heroic greatness In these battles on the field of honor Romantics can see great ideas at work They can see the meaning of national existence and the ennobling effects of human conflict By identifying with a nation or a cause they can achieve transcendence of the self Their lives are at once merged with the fate of the group and ennobled by linkage with a virtuous idea or a sense of historical destiny This is Romantic war at its best i 6 Underlying this contrast between liberals and Romantics is a distinction in the way each approaches reality The difference is between expansionist and reductionist ways of thinking To understand this distinction think about the world that is assumed in all of our daily unphilosophical exchanges Relative to this fuzzy baseline of conventional understanding one can have either an expansionist or a reductionist way of thinking The expansionist sees more things in heaven and earth 5 than the ordinary person assumes the reductionist sees less The expansionist Theodore Parker saw in every political dispute bearing on slavery a struggle between the Slave Power and the Freedom Power quot The reductionist would see two individuals at odds about their imtnediate interests The expansionist dwells on a gain of sand and like William Blake reaches out from the particular to the mysteries of the universe The reductionist looks at a grain of sand and finds a chemical composition My claim is that Romantics are expansionist liberals reductionist The terms struggle and movement and nation under Godquot resonate in the veins of the engaged Romantic The reductionist replaces the expansionist self with the causal language of incentives and drives If Theodore Parker 42 See Herder supra note 25 43 See ROUSSEAU supra note 32 44 WILLIAM WORDSWORTH The Convention of Cintra in THE PROSE WORKS OF WILLIAM WORDSWORTH I9 WJB Owen amp Jane Worthington Smyscr eds Oxford Univ Press 1974 I809 45 Wnuxm Suaxssraaxs HAMLET act I sc 5 11 16667 in 3 THE COMPLETE OXFORD SHAKESPEARE I121 113132 Stanley Wells et al eds I987 There are more things in heaven and eanh Horatio than are dreamt of in our philosophyquot 46 THEODORE PARKER Dre Slave Power in THE SLAVE POWER 248 25054 James K Hosmer ed I907 47 The point is substantiated perhaps in these lines from William Blake39s Proverbs of Hell in 77 Marriage of eavcn and Hell A fool sees not the same tree that a wise man sees The hours of folly are measur39d by the clock but of wisdom no clock can measure WILUAM BLAKE THE MARRIAGE 05 HEAVEN AND HELL 7 Clark Emery ed 1963 62 3920o2 Collective Guilt 1509 saw the Civil War as the acting out of great ideas on the stage of history T Richard Posner would presumably prefer to think about the respective economic advantages of abolition and slavery The Romantic understands Picasso s Guemica coming as it did after years of the artist s interest in the Cruci xionas a meditation on the redemptive effects of war The liberal sees the painting a critique of Hitler39s Germany Romantic sentiments did not originate O the late or even the early eighteenth century Expansionist urges and collectivist thinking date back to ancient legal cultures The conflict between focusing on groups and focusing on individuals is not just a historical phenomenon but a foundational feature of all efforts to gapple with reality C Two Views cfthe Collective Individuals be given either a liberal or a Romantic interpretation the same is true of collectives such as society and the nation Rousseau guides us through this distinction by expounding two interpretations of the popular will tl1e aggregative and associative senses of the term In the aggegative sense the popular will la valonz dc mus is the sum total of the individual wills in the society This liberal version of the popular will resembles the economic idea of the whole society s preferences which are found by adding up all the preferences of individuals in society The associative sense quotof the popular will la volomf generate is expressed by thesociety as a single entity abstracted from the individuals who constitute it5 To believe in the nation as an actor is to accept the idea of the popular will in the associative sense Admittedly it is difficult to lcnew when one sense or the other is intended When we discuss the will of We the People for example we could mean the popular will in either the 39 aggregative or the associative sense Bruce Ackerman as I read him thinks of We the People acting in an aggegative sense In my view at least since the Civil War the O of the American people has been understood associatively as the spirit of a uni ed organic nation 48 Cfl RICHARD POSNER UVEZCUMING LAW 2l214 I995 criticizing academic proposals to extend the 39I11itteenth Amendment39s prohibi on of slavery and involuntary mrvitude as failing to considertthc aggregate impactquot ofthefproposw interpretation 49 ROUSSEAU supra note 32 at 72 translating quotwill of allquot as what all individuals wantquot 50 39IJd The general will studies only the common interest 51 1 BRUCE ACICERMAN We ran PEOPLE FOUNDATIONS 1991 When Ackerman discusses39the39eonstitun39onal transformation represented by the New Deal he relies heavily on a shift in the preferences of the electorate in 1936 The muubas count in computing the aggregative quotwill of the people See id at 311 52 This is evident in Liucollfs use of the concept of nationhood in 8 Gettysburg Address See GEORGE P Furnmen Dun SECRET CONSTl1 U3939l0N How LINCOLN REDEFINE AMERICAN Democaacr 4042 2001 53 1510 The Yale Law Journal Vol 111 1499 This distinction is critical for assaying the problem of collective guilt As individuals can be guilty the society as a collection of individuals can also be guilty The serious challenge in this inquiry is to consider the possibility of collective guilt in the associative sense Rousseau argued for the general associative will la volont generale we have to address the problem of general associative guilt la culpabilit generate D Implications for the Law There is no uniquely right way of viewing the world The Romantic has a rich ontology the liberal prefers a parsimonious set of entities But there is no neutral principle for deciding between the two I commit myself only to the premise of eclecticism Any area of thought that admits only one either liberal or Romantic impulses would be suspect Unfortunately the legal culture and particularly the American legal culture is in precisely this impoverished position For the last several generations the leading thinkers in American law have tried to reduce legal studies to a social science and the social sciences as we understand them are governed by something like Newtonian laws of regularity and predictability If there is a science of law it would have to resemble economics or psychology In universities dominated by this classical universal conception of law the study of comparative law has suffered for if all human beings are alike and all advanced legal cultures are ultimately akin what is the point of taking seriously the particular traditions of France and Gennany Islam and Judaism The law as we know it in Blackstone and under the Due Process Clause rests on reason a standard suitable for all of humanity In comparative law there would be much to leam from the Romantics their antiuniversalist bias in taking language seriously as a factor dividing societies and rendering separate cultures distinctive and irreducible to a single mode of life Both Rousseau and Herder wrote tracts on the origins of human language for they saw in language the key to understanding what it means to be a human being embedded in a culture Language was also important as a sign of the exotic No one could be truly interesting and different unless he or she spoke in a strange idiom Would that we had the same orientation in the study of law The appalling monolingualism of American law professors and students is only part of the problem Even in comparative legal studies there seems to be virtually no attention paid to the way in which syntax and semantics guide legal 53 Herder supra note 25 leanJacques Rousseau On the Origin of Language in ON THE ORIGIN OF LANGUAGE supra note 25 at S 54 In France the eighteenthcentury interest in the exotic is frequently associated with Montesquieu See CHARLES DE SECONDAT MONTESQUIEU THE PERSIAN LEITERS J Robert Loy ed 9 trans Meridian Books 1961 1721 64 2002 Collective Guilt 1511 thought In fact no one quite knows the answer to the riddle of language and law Surely the particularities of language are not detemrinative of legal thought but it is equally hard to accept the hypothesis that language is a neutral factor in assessing the ways Americans and Chinese think about legal problems The liberal mind understandably ignores language because the assumption is that all people reason and express their intuitions against the same blank slate The liberal or reductionist bias pervades everything lawyers say and do We focus on individuals in their transactions with each other Even when addressing complex systems of interaction we treat them as though they were single agents Corporations are reduced to persons under the Fourteenth Amendment Countries become individuals under intemational law They are liable in much the same way individuals are liable We even af nn corporate criminal liability as though the complex organism of the corporation could be reduced to a single actor liable for committing a crime The polycentric collective as a subject is basically foreign to the legal way of thinking The generalization holds in our legal system as well as in the civil law tradition Collective entities their actions their responsibility and their guilt these are ideas that run afoul of the methodological commitments of the legal mind One commonlaw exception is the law of conspiracy which seems to address the peculiar danger represented by collective criminal action Criminal organizations pose a heightened danger in their collective interdependence and reciprocal support a danger that exceeds the 55 I address the Whor an hypothesis that language determines thought in an early work See George P Fletcher The Presunrprion of Innocence in the Soviet Union 15 UCLA L REV 1203 120613 1968 arguing that the reasons for the Soviet rejection of the presumption of innocence had nothing to do with the absence of the word presumption in Russian 56 For some thoughts on the particularities of English as a legal language see George P Fletcher The Right and the Reasonable 93 HARV L REV 949 95051 1985 57 For an example of this way of thinking see SIEVEN PINKER T1E LANGUAGE INS39nNCr 4474 1994 discussing the preverbal language of mentalese 58 Santa Clara County v S Pac RR ll8 US 394 1886 For an early critique of this reduetionistic way of thinking about corporations see generally MEIR DANCOHEN RIGHTS PERSONS AND ORGANIZATIONS I936 59 GEORG SCHWARZENBERGER amp ED BROWN A MANUAL o1 INTERNATIONAL Law 43 6th ed 1976 noting that in the period of absolutist monarchies monarch and state were for all practical purposes treated as identical in most European countriesquot But cf OTIO KIMMINICH EJNFUHRUNG IN pas VOLKERRECHT INTRODUCTION no INTERNATIONAL Law 128 1990 arguing that although it is assumed that states are the subjects under intemational law intemational law does not itself de ne a state The United Nations Charter Article 21 recognizes the sovereign equality of all its Members UN ClIARTER art 2 para 1 Thus states are treated like human beings If it is true that all men are created equalquot THE DECLARA39l10N OF INDEPENDENCE para 2 US 1776 then states are like persons also created equal 60 For a good introduction to the comparative dimensions of the problem of corporate criminal liability see CRIMINAL REsPoNsrartm39 or LEGAL AND CoLLEr1rvI EN3911TlES Albin Escr et al eds I999 For a reflective account of the corporation as a moral person see PETER FRENCH COLLECTIVE AND Coarroaxra RESPONSIBILITY 3147 1984 55 1512 The Yale Law Journal W01 1 1 1 1499 aggregative threat of the individuals constituting the conspiracy The idea that agreements to commit a criminal act could be punishable violates the principles of individual culpability that govem Continental criminal jurispmdence Whether the American or European approach is correct in theory the practical impact of conspiracy doctrines is to aggravate individual criminal liability by making coconspirators liable for any and all substantive offenses committed by members of the groupquot This aggravating function of the law of conspiracy brings into focus the way doctrines of collective guilt generally function in our legal culture The typical association with group liability seems to be that some members of the group will suffer harsh and undeserved punishment This need not be the case and in fact one purpose of this Article is to demonstrate that theories of collective guilt can serve an ameliorative or humanistic purpose of mitigating punishment Arriving at a conclusion about mitigating punishment in cases of collective guilt requires an argument structured in several stages My first task is to demonstrate that although the law maintains a liberal facade we still nourish thoughts of the nation as an organic actor and implicitly recognize the reality of collective guilt in the law I want to illustrate this thesis by focusing in some detail on the movement toward individual criminal liability in international criminal law Despite the apparent recognition of methodological individualism in the area of international criminal liability we still believe that these crimes express the actions and the implicit guilt of entire groups of people most typically of nations that are in con ict Once this thesis comes into focus we can turn our attention to the problem of mitigating punishment in light of the distribution of guilt between the individual and the nation of which he or she is part This thesis is not easily established and I present it here not in the mode of takeiton leaveit but as part of the problem of collective guilt As part of the exploration of this problem I present some signi cant drawbacks to accepting the idea of collective guilt on the basis of Romantic sensibilities This acceptance leads to distortions in the form of believing in 61 It is not uncommon for European nodes to have some provision that facilitates the prosecution of conspiracies to commit crimes 153 15 I29 STRAFGESETZBUCH StGB FRG punishing the formation of criminal organizations CODICE PENALE CP an 4I6 Italy punishing ma atype organizations But none of these provisions leads so far as I Icnow to the use of conspiracy as a criterion of complicity that is holding the members of the organization responsible for all the offenses committed by other members of the oonspiracy For a comparative analysis of conspiracy doctrines see George P Fletcher is Conspiracy Unique to the Common Law 43 AM J COMP L 171 17374 1994 reviewing Euzsesrm Games Acconoo CRIM N080 E CONSPIRACY CRIMINAL AGREEMENTS AND CONSPIRACY 1993 62 The most striking use of this doctrine is Pinkenon v United States 328 US 640 64647 1946 which upheld the conviction of a defendant for a crime oomrnitted by a coconspirator while the defendant was in jail 55 63 See supra note 59 and accompanying text 2002 Collective Guilt 1513 transmission of guilt by birth and to the denial of guilt altogether in the case of Romantically authentic ideologues These distortions and the difficulty of establishing the thesis of mitigation on the basis of collective guilt lead to the nadir of the argument the possibility of abandoning collective guilt altogether In the latter third of the Article I revive the thesis and defend collective guilt against the persistent challenges from those who believe that it is preferable to use the language of collective responsibility and collective shame 39 This then is the rich set of issues raised by the problem of collective guilt in the war between liberals and Romantics I begin by showing that in the liberal ideology of the law Romantic impulses are still at work beneath but close to the surface of our nrles and doctrines particularly in the eld of international criminal law H CRIMES or THE NATION Traditionally international law addressed the behavior of states The state is a collective reduced to a person a sovereign a single entity that can take its place alongside the other sovereigns in the law of nations As all human beings are created equal all states are equal subjects in intemational law In the traditional way we thought about intemational relations the only players were states individual human beingsthe plural subjects constituting the state did not count Since the Nuremberg proceedings however treatymakers and intemational criminal courts have taken the innovative step of holding individuals responsible for crimes against the law of nations Human rights lawyers hail this development as a salutary transition toward the proper criteria of responsibility for aggression genocide crimes against humanity and war crimes In the ICC Statute of July 1998 de ning both the procedures and the substantive law of the proposed Intemational Criminal Court the critical assumption appears in Article 251 The Court shall have jurisdiction over natural persons quot5 By implication the statute does not cover legal persons like 64 For one prosecutor39s personal account of the Nuremberg trials and their aftermath see TELFORD TAYLOR THE ANATOMY or THE NUREMBERG TRIALS 1992 65 The literature is surprisingly noncomrnital about the present state of the law but for some early doubts see Georg Schwarzenberger The Problem of an International Crirnirtal law 3 CURRENT LEGAL PROBS 263 27576 1950 C11 David J Cohen Bureaucracy Justice and Collective Responsibility in the World War ll War Crimes Trials I8 RECl39l SlllS39l39OR1SCHES J 313 323 1999 Any attempt to deal with criminality of the Nazi kind without focussing on problems of collective action is likely to prove inadequatequot See generally NINA MRGENSEN THE RESPONSIBILITY OF STATES FOR INTERNATIONAL Cruwrrs 7376 2000 discussing individual versus collective responsibility under the heading of quot individualism versus holism 66 Rome Statute of the International Criminal Court July 17 1998 art 25l UN Doc ACONFll83l9 hereinafter ICC Statute 67 l5 14 e The Yale Law Joumal Vol ll 1 1499 states and corporations57 Thus it appears that international criminal law is brought into line with the guiding assumptions of domestic criminal law a Only individualsmand entities thought of as individuals can bear criminal responsibility And yet the liberal bias toward individual criminal responsibility obscures basic nuths about the crimes that now constitute the core of international criminal law The four crimes over which the Court has jurisdiction aggression crimes of war crimes against humanity and genocide are deeds that by their very nature are committed by groups and typically against individuals as members of groups Whatever the pretense of liberal international lawyers the crimes of concem to the international community are collective crimes It is true that as a formal matter only individuals are prosecuted but they are prosecuted for crimes committed by and in the name of the groups they represent Once the collective nature of these crimes comes into proper focus once we overcome the liberal bias that has prevailed since Nuremberg we should be able to see the in uence of collective action in domestic law as well I argue below that the innovation of hate crime laws in the United States re ects a similar turn toward collectivist thinking in the law In the balance of this Part I do rather conventional things like read the ICC Statute in the context of its history and its purposes My point is to show that although the orthodox view stresses individual responsibility the heart of intemational criminal law remains collectivist in nature A War Aggression andWar Crimes Because war lies at the heart of our Romantic inquiry let us begin with the paradoxical relationship of war to the idea of criminal behavior War is by its nature a collective enterprise Organized groups engage in armed conflict with each other They are typically states but not always The American Civil War counts as a war even though the Confederacy was never recognized as a state The recent Karadfi judgment recognized that the Bosnian Serbs under the leadership of Radovan Karadii constituted an organized force equivalent to a state for purposes of international lawquot War always requires coordinated action a chain of command a sense of organization and above all a consciousness on the part of the individuals 67 One intriguing question is whether corporations should be subject to liability under international criminal nonns See Steven R Rainer Corporations and Human Rights A Theory qf Legal Responsibility lll LJ 443 2001 J 68 Cf COST Constitution an 271 Italy Responsibilita penale e personalcquot Criminal liability is personal and individual 69 Infra notes 107109 and accompanying text 70 See The Prize Cases 67 US 2 Black 635 636 1862 71 Karlie v Kazadij 70 F3d 232 2d Cir 1995 53 2002 Collective Guilt l5l5 engaged in military action that they are acting as part of the collective effort The crimes of concern to theproposed International Criminal Court are connected one way or another with the concept of war Let us d first about the crime of aggression 39I hough still not formally de ned this crime is important because the concept of aggressive war niggers the right of the attacked state to exercise collective tseliidefensequot There are problems in de ning the threshold of intrusion that should constitute aggression but surely there is no doubt about the collective nature of the offense The paradigm is one state s arrny marching into the territory of another It a single ArabAmerican tourist throws rocks at Israeli military installations that is an act of vandalism but it is not an act of aggression The group dimension of aggession carries with it the suggestion of recurrent and conirnitted battle with 0 G of conquest or at least of settling some polidcal dispute Absent selfdefense therefore aggession constitutes a collective crime against the international order The body of law that recognizes selfdefense as an exception iscalletl jus ad helium and encompasses the principles bearing on the right to go to war not the question how the war is to be fought once declaredquot War crimes arise out of an independent body of law called jus in bello the principles de ning permissible actions in ghting a war The paradoxical feature of war as opposed to vandalism and i isolated acts of terrorism is that jus in bello has a legitimating as well as a potentially incriminating function Routine and obviously criminal behavior killing battery deprivation of liberty destroying property arson theft becornes quotlegal and even meritorious in the course of military battle At the same time certain actions like the killing of civilians or prisoners of war can become of a new sort namely war crimes 72 ICC Statute supra note 66 an SM 73 UN Y 5 quot39 Nothing in present Charter shall impair the inherent right of individual or collective self defenoe if an armed attack against a Member of the Unimd Nations quot Note that the reference to eollve selfdefeneefquot39 does not carry the same meaning as the 11seloftlephrase in the text The reference inthe Charter is to defensive force by a regi onaladefense organization 74 MNGHAELWIAIZ53 Josr ANDUNllEl39 WARS 21 3d ed 2000 75 rIl1cbasic 239 assutnption of internationallasve is that jus E helium mid jars in belle are completelyindependent of law See id referring to the logical independence and the dualism of the two categories see also YORAM 09 WAR AGGRESSION R SELF DEEENEE 12 1988 noting that jus in hello applies as soon as the state war 0 76 War crimesquot mustbe distinguished from violations of the law of warquot as that term has been in law For example spying in wartime is a violation of P law of war Ex parte Quirin 317 US l 1942 but it is not a war crime under the ICC Statute War crimes typically originate not PC conventional law of war but from the Geneva Conventions For thc importance of this distinction in assessing the constitutionality of military tribunals see George P Fletcher War and the Constitution 13 PROSPECT 26 2829 2002 59 1516 The Yale Law Journal Vol 111 1499 War crimes are different from ordinary crimes because jus in bello represents an alternative legal order This order has its own intemal logic and tradition The state of war establishes a distinctive structure of norms and normcreation Each of the engaged military organizations becomes a legislative source expressing its own vision of the law applicable to the conflict and imposing its own military courts for trying the criminal behavior of its own and sometimes foreign military operativesquot The W of U U it l States T subject to the Constitution of the Unhed States but the Censti tution itself exprresses deference in the Fifth trnendnient to the n1ili taryquots judieial autonomy ester its own subjects Theerists have poneredi the preperr rules ef war for centuries but the actual process of codi cation began with Francis Lieber s General Order No 100 formulated in 1863 to govem the behavior of Union armies in the eld Lieber s manual on the proper treatment of citizens and prisoners of war became the foundation for the Hague Conventions adopted at the end of the nineteenth century The law of war as understood in American parlance is torn between a tradition of chivalrous and fair combat on the one hand and a commitment to decent treatment of the enemy on the other Some violations of the law of war are improper and unbecoming of soldiers but they are hardly immoral For example one of the recurrent examples in American history is crossing enemy lines in civilian clothes for the purpose of spying This was considered anathema under the traditional law of war a fit basis for capital punishmentquot but under contemporary standards there is nothing immoral or indecent about spying It would not be considered a war crime under the ICC Statute The confusion between these two senses of the law of war pervades the current discourse of lawyers and journalists Those who use the term do not seem to be aware that until World War II the Supreme Court always W See in re 0 32 115 l l 4 upnhnltiiltig e rniiitsry tirihunnl invoiced by an Itmerieen 0 in the Philippintes en his own initistivej for the trial of is Japanese gerIeral Qtririn 3 1quoti I ujpholtlirtg Plli d l Roosevelt st ereeutive orders estahlishing p 1Iihnnals39l er the trial ei J spies I8 COMET amend ii e39iten1pting p in the land or nasal tTerees or in the lri ili39h39st when in setnal serviee in time of 0 or public dangerquot is seepe of this esemp en is hotly eentestsetlr Campers v Cnvert 354 p l I95T r I u39leny ing p jurisdiietien owgrr a whe ki z d her seldierhtishaniil en szirhsse in England w Ht II irtinsetla L343 0 341 121952 reengn ining 0 jurislietion over a woman who ltiiled her soldier39 husband on a base in Germany 79 On the history of war crimes see for example ARYEH NEIER WAR CRIMES 1998 and WALZER supra note 74 80 LIEBER supra note 6 81 TAYLOR supra note 64 at 10 82 Reference is often made to the story of Major John Andre who was hung for having met and collaborated with Benedict Amold while wearing civilian clothes Eg Quirin 317 US at 31 n9 83 For a critique of the ways law professors have analyzed the problem of military tribunals see Fletcher supra note 76 70 2002 Collective Guilt 1517 used the term law of war in the traditional sense With the trials in Japan and Nuremberg the meaning began to shift toward war crimes in the modem sense of immoral conduct in violation of the Geneva Conventions The law of war is rent as well by a second con ict between an emphasis on fair play which seems to encompass both senses of the term in American law and a realistic conception of war that stresses the pursuit of national interests According to the first view combat is jousting writ large Prohibitions against killing prisoners and noncombatants malge sense as instantiations of the idea of winning not at any cost but solely by playing by the rules and respecting the enemy The opposing realistic tradition famously articulated by Clausewitz emphasizes war as a rational instrument of national politics The goal of winning justifies all measures that are necessary to force the enemy to submit The principle of taking prisoners with the corresponding right of combatants to surrender without being killed lies at the foundation of the altemative legal order called war Terrorists do not take prisoners They take hostages whom they are prepared to mistreat for their purposes Robber bands and vandals do not take prisoners 39I39hey lcill loot and move on It is not surprising then that one of the fundamental war crimes prohibited by the Geneva Conventions and the ICC Statute is declaring that no quarter will be givenquot No quarter means that all prisoners will be killed safe surrender is no longer possible The mere declaration of no quarterquot is a crime for it breaches the foundational understanding of modem war that limits military engagement to actual combatantsquot The practice of taking and caring for prisoners testifies to the collective nature of armed confrontation Maintaining prison camps requires a level of administrative organization and geographical permanence lacking in informal bands John Brown conducted a raid but he was not prepared to establish prison camps Also the proper treatment of prisoners coupled with the expectation of reciprocal proper treatment makes it clear that war entails repeated engagements including confrontations among different 84 The shift is apparent in In re Yamashita 327 US l 1946 which upheld the conviction of a Japanese general for war crimes in the modem sense The nansforrnation was not registered in the statutes of the United States until 1997 when Congress changed the name of the crime de ned in 18 USC 244 from grave breaches of the Geneva Convention to war crimesquot Foreign Operations Export Financing and Related Programs Appropriations Act Pub L No 105118 583 111 Stat 2386 2436 1997 codi ed at 18 USC 2441 Supp V 1999 85 CARL vow Cutuszwrrz ON WAR Michael Howard 8 Peter Paret eds amp trans Princeton Univ Press 1976 1832 86 Fourth Hague Convention Respecting the Laws and Customs of War on Land done Oct 18 1907 art 23d 36 Stat 2277 2302 205 Consol TS 277 293 hereinafter Hague Convention ICC Statute supra note 66 art 82bxii 8397 The rebellion of the Confederacy became a war when the Union and Confederate troops exchanged prisoners after the First Battle of Bull Run C LG RANDALL THE CIVIL WAR AND RECONSTRUC110N 384 1937 describing the recognition of Confederate soldiers as prisoners of war 7711 I518 The Yale Law Journal Vol 111 1499 individual soldiers on both sides The important point is that war creates an alternative identity The person who goes to war ceases being a citizen and becomes a soldier in a chain of command As Rousseau emphasized in his altemative identity the soldier is a mere servant of the state He is not an autonomous agent motivated by enmity for the enemy As Rousseau conceived of war the only actors were the states pitted against each other War crimes exist at the frontier between two legal orders On the one hand the altemative legal order called war suppresses the identity of the individual soldier and insulates him or her from criminal liability on the other hand the international legal order now holds individuals accountable for certain forms of immoral and indecent treatment of the enemy When an individual commits a war crime he or she breaks out at least in part from the collective order of war and emerges as an individual guilty of violating a prohibition adopted in the intemational legal community The situation is rendered more complicated by the possible application of domestic law to many situations that occur in the course of a war A threeway con ict arises therefore among 1 the insulating effect of war as an alternative legal order 2 international law as the source of individual criminal liability and 3 domestic law as the basis of individual criminal liability I want to illustrate this threeway con ict by focusing on two hypothetical cases that bring the issues into relief 1 The Case cfrhe Polish F armer Imagine the situation of Gennan troops marching toward Warsaw after the Polish govemment has surrendered and ordered the army to lay down its arms Suppose a farmer standing by himself in the elds sees the troops marching down the road in formation He rushes to his barn takes his ri e up to a window in the atticand shoots at the soldiers as they pass He kills three soldiers Does the legitimating effect of warfare encompass these killings that would otherwise be murder under Polish law or under German martial law One naturally has some sympathy for the Polish farmer defending his homeland but these sympathies nd little warrant in intemational lawquot 88 ROUSSEAU supra note 32 at 56 89 Id 90 A similar incident is discussed in Marcel Opl1uls s lm THE SORROW AND THE Prnr 39rv Reneontte 1971 91 Walzer expresses some sympathy for French farmers who killed German soldiers in the incident described in Hue Sorrow and the Pity WAlZER supra note 3974 at 17679 There is some support for this view See HILAIRE MCCOUBREY INquotlquotE1INA139lONAL HUMANITARIAN LAW THE REGULATION OF ARMED CONFLICTS 135 1990 fllntemational law does not in itself prohibit the commission by inhabitants of an occupied territory of acts hostile to the belligerent occupantquot 72 2002 Collective Guilt 15 19 First note that if the German soldiers had as a military action killed the farmer as they passed by they would be clearly guilty of a war crime in violation of the Geneva Conventions and the ICC Statute Providing this protection for the farmer against the dangers of warfare entails duties on his part He is not entitled to think of himself as a free agent acting on behalf of the Polish army I believe this would be true whether or not the govemment had already surrendered The implication is that the farmer is guilty of murder under either Polish law or German martial law Because the farmer is acting alone independently of the army the case falls outside the collective activity that de nes the law of war and reverts to a case to be tried under domestic law But let us suppose that the govemment has not yet surrendered and the Polish army is still engaged in resistance Could not the farmer invoke the general right of self defense against external aggression The answer is no The Polish army has a collective right of selfdefense against the German army and individual Poles as well as individual Germans enjoy a personal right of self defense if they are actually attacked Collective self defense is broader than individual selfdefense because if one army attacks another army all combatants on one side are per se aggressors against the H soldiers on the other side Membership in the group aggressin g makes them liable to be killed in response and membership in the group under attack gives each member the right to act in collective selfdefense The farmer acting alone however cannot pretend that he is a standin for the Polish army He cannot invoke the collective right of self defense and would have to rely instead on his own individual right to defend himself against an imminent attack directed personally at him The problem is that there is no imminent attack against him The German soldiers marching down the road present no threat to his personal security This case is so difficult because we assume that the German invasion of Poland is illegitimate Our sympathies are on the side of the Polish farmer yet these sympathies have no bearing on the legal analysis of the case The architectonic assumption of international law is that the right to go towar 92 This is described as a grave breach under all the Geneva Conventions William J Fenrick War Crimes in COMMENTARY ow THE ROME STATUTE or THE INTERNATIONAL CRIMINAL COURT I73 I82 Otto Triffterer ed 1999 It also would be a violation of the ICC statute ICC Statute supra note 66 art 82ai There might be a problem under Article 81 in establishingthat the quotwilful killingquot was committed as part of a plan or policy or as part of a largescale commission ol39suchcrimes Id art 8 I 93 Admittedly there are some boundary issues between individuals acting alone and recruits in the army I do not think the matter is resolved by the intention either of the farmer or of the govemment Toqualify as a combatant the soldier must satisfy the objective requirements of Article I of the Hague Convention of 1907 Hague Convention supra note 86 36 Stat at 2295 96 205 Consol TS at 289 94 Unlike Model Penal Code 304 which does not presuppose an imminent attackquot European codes typically require that the attack be imminent Eg 32 para 2 SIGB KODEKS KARNY KK art 25 1 Pol 73 1520 The Yale Law Journal Vol i112 i499 jus helium has no bearing on the law applied in the course of war fits in beIo95 The correct result under intenrrational 1aw as hard as it might be to swallowis that the farmer is guilty of murder under domestic law The critical point is that the farmer acting alone or even a group of partisans acting alone however appealing their cause eannot claim the rights of warfare including theright of collective selfdefense This is the critical line between terrorism and warfare Terrorists like Timothy Mcveiigh cannot claim the rights of war for the simple reason that they are not engaged in an armecl conflict between organized military forces crucial point in this argument is demarcating the boundary between collective actions covered by the law of war and individual crimes punishable under domestic law The Polish farmer falls on the side of individual action governed by domestic law 2 The Case of the Gamma O icer A more dif cult case arises if we imagine that it is nighttime and a German officer seeking relaxation dons civilian clothes and goes to a local bar There are also Poles in thebar Having had too much to drink a Pole exchanges harsh words with the German of cer who takes a knife lying on the bar and kills the Polish citizen I want to assume that this is an intentional killing and would be classi ed f the most serious form of criminal homicide under the local law be it Polish law or German rnartial law The question is whether the killing also becomes a war crime subject to prosecution in an international tribunal The ICC P a based on the Geneva Conventions defines war crimes to include any c wilful killing of local civilians True the ICC Statute mso quali es the de nition of war crimes so that the Internatvional Criminal Court should take jurisdiction over war crimes particular when comrrtitted as part of a plan or policy or as part of a large scale commission of such crimes 39quot This language implies that the solitary solider killing a solitary Pole in a bar would not be committing a crime of high priority for prosecution But the theoretical iquestion rernmins whether the killer39s identity as an occupying solider and the victim39s identity as a local resident are sufficient to take the crime beyond the realm of national jurisdiction and make it of concern to the inte ta onal community There is admittedly some controversy on this point There are some thoughtful advocates of human rights who argue that every crime 95 See lrnprra note 75 e 96 ICC Stamte supra note 66 I 82ai cf Geneva Convention Relative to the Protection of Civilian Persons in s of War adopted Aug 12 ll49 art 3 6 UST 3516 3520 75 UNTS 287 290 hereina ter Geneva Convention lCC Statute supra note 66 81 74 2002 Collective Guilt l 52l committed by an occupying soldier against a civilian is a war crime This would include every homicide every theft every rape and in the language of the statute every F outrage upon personal dignitjyquot 99ihowever unrelated these acts might be to military operations and the war effort I find this view hard to accept It seems far more consistent with the spirit of the Geneva Conventions and the ICC Statute to require that these acts be carried out in the name of the rnilitaryziin the name as it were of the occupying lt is clear from reading the long list of war crimes that these are actions committed not by isolated soldiers but exclusively by military personnel acting in dieir role as soldiers For example if it is a war crime to declare that no quarter will be given 39 this presumably refers to a declaration of the entire force engaged in combat It would hardly constitute a crime for a single soldier separated from his unit and acting on his own to shout out I will take no prisoners The declared intendon to kill prisoners must come from a collective army unit and express the will of the collective E same analysis applies to the criunes of pillaging a townquot quotquot or intentionally using starvation of civilians as a method of warfarequot quot2 The crime is orchestrated by the military command even though executed by discrete individuals If this is true then it follows that the holrruicide in the bar does not constitute a war crime The German officer is not acting in his role as a soldier The dispute is purely personal The appropriate analogy to this problem in American law is the problem of state action in de ning the scope of the Fourteenth Amendment If a police officer commits a rape in plain clothes while off duty in a context that has nothing to do with his official duties he is not acting under color of law He is not acting as an agent of the state39 3 The Due Process Clause does not apply and the case remains subject to state law The same is true of the German of cer in the bar If he is not acting in his role as soldier and ot39 cer he not acting under colorquot of the occupation and the killing should not fall under international criminal jurisdiction 98 ll Q indebted to E Antonio Cassese of l lorence Italy formerly a judge on the International Criminal T bunal for Yugoslavia for debating this issue with me in a conversation in early July 200 in Paris Professor Cassese is passionately committed to view that all homicides committed by members of the occupying force would constitute war crimes A careful look at the Fourth Geneva Convention Article 6 would suggest however that the Convention applies only so far as the occupying army is engaged in the functions of govemrnent in such tetnritory Geneva Conventison supra note 96 6 6 USquotl39 at 352 75 at 292 99 All these offenses are covered by the ICC Statute supra note 66 an 3 The quoted language is found in Article 82bxxi I00 Id at 32bxii IUI Id art 82bxvi I02 Id art 82bxxv W3 DT ex rel MT v lndep Sch Dist No l6 894 M76 1 I186 ltlth Cir W913 recognizing that the 39 acts of a state officer in the ambit of his personal pursuits are not acts under color of state lawquot 75 I522 The Yale Law Journal Vol 111 1499 I understand that there might be a practical problem in expecting an impartial trial of a German officer by the tribunals of the occupying army If an independent court under a regime of occupation is not possible then an international court would be a better procedural solution Yet the question of principle remains Is every action of a soldier no matter how personal and how private an action of the military itself I want to insist that at some point the collective gives way to the personal and private That this question troubles us is itself a recognition of the fundamentally collective nature of war crimes To summarize the results of the two hypothetical cases the rst stands for the application of domestic law and the implication that the farmer may not invoke the collective right of selfdefense recognized under the law of war The second stands for the application of domestic law instead of the la law and the implication that the officer might not be liable for the intentional killing as a war crime In both cases the individual acts on his own not as an agent of the collective and therefore the only applicable law is the domestic law regulating individual behavior Both the law of war as a factor suppressing the individuality of soldiers and the law of war crimes presuppose collective action We repress the dimension of collective action when we claim in line with the principles of Nuremberg that solely individuals are responsible for war crimes Every crime in the intemational sphere requires both individual action and the expression of collective agency The great danger of ignoring the collective component of every intemational crime is that we think of these crimes of killing rape and cruelty just as we think of individual crimes against domestic law B Crimes Against Humanity and Genocide When we tum from war crimes to the third category namely crimes against humanity the collective nature of the required action is apparent on the face of the statute The speci ed acts which include murder and rape must be part of a widespread or systematic attack directed against any civilian population 39 Of course it might be technically possible for a single individual without the aid of an organization to carry out a widespread or systematic attack Perhaps the Unabomber Ted Kaczynski came close to meeting this standard But the ICC Statute makes it clear that individuals acting alone cannot commit crimes against I04 lCC Statute supfa note 66 art 71 76 2002 Collective Guilt 1523 humanity The widespread or systematic attack must be pursuant to or in furtherance of a State or organizational policy to commit such attackquot 39 5 The words could not be clearer in my view the phrase organizational policy should infonn the interpretation of war crimes as well The fourth category genocide appears at least on the surface of its de ning language to be subject to commission at the hands of a single person acting outside of organizational in uences and structures All the Genocide Convention and now the ICC Statute require is that the individual engage in one of ve speci ed acts in icting harm on members of the groupquot with the intent to destroy in whole or in part a national ethnical racial or religious group as such 39 It looks like a single individual acting alone could have this intention Suppose a Sinophobe is walking down the street in New Haven He kills the rst two Chinese he sees with the intention of destroying the Chinese people at least in part Technically he has committed genocide Is there a sensible construction of the statute that would avoid this counterintuitive result I think there is The rst thing to note about the ICC Statute is that it addresses serious and persistent group con ict The limitation of its scope to a national ethnical racial or religious groupquot reminds us of similar limitations in the de nition of hate crimes in the United States Genocide and hate crimes both represent aggravated forms of their underlying offenses The problem is guring out why genocide is worse than simple murder and why an assault motivated by racial bias is worse than an ordinary assault The key lies in thinking about the limitation in both contexts to speci c groups of victims Why do we choose to protect some groups of victims and not others Suppose that someone hates baldheaded people and decides to kill the rst bald man he meets on the street He acts with the kind of bias toward bald people that if exercised toward blacks would render his offense a hate crime If we look just at the behavior of the individual and his sentiment of hatred there seems to be no difference between hating bald men and hating Chinese people Yet hate crime statutes do not include idiosyncratic hatreds that might be just as virulent as racial hatred or homophobia 105 M an 72a 106 Id art 6 Convention on the Prevention and Punishment of the Crime of Genocide adapted Dec 9 1948 art 2 S EXEC DOC 0 811 at 7 1949 78 UNTS 277 280 l l MMES JACDE 31 Y P01TER IATE W tjl 9 lEfI t1lEf2lLiEirIg the variety of hate crirrms legislation in ma United States The Model Stanrre by the An Li Defarnarinn leagur de nes an offense of intimidation 39 on cnnrrnittirig a speci ed of physical violence by reason of the actual or perceived race color religion national origin or sexual orientation of another individualquot Id at 33 For a thoughtful critique of hate crimes legislation see Anthony M Dillof Punishing Bias An Examination of the Theoretical Foundations of Bias Crime Statutes 91 NW U L REV 1015 1997 I08 Moons amp Pornan supra note 107 at 33 77 1524 The Yale Law Journal Vol 1 ll 1499 The liberal account of protecting certain groups and not others stresses the element of efficiency If there are not enough bene ciaries to warrant the investment of legal resources we should not do it This supposedly explains the legislative disposition to protect Chinese people but not bald men But there are few indications that ef ciency considerations account either for the contours of genocide or for hate c rnes legislation If the issues were numbers one could expect the crime of genocide to protect groups suffering political persecution or indeed to protect women as a class But neither of these groups corresponds to the historical paradigms of genocide The better account of both genocide and hate crimes is that the attack is understood in the society as expression of collerctive conflict Both the offender and the victim are merely representatives of groups that are engaged in ongoing hostilities Genocide has the particular feature that the historical paradigms stand not merely for bias but for the ambition to eliminate the hated group Only when the conflict is collective can we say that the victim and other members of the group exposed to continuing danger a danger that mrsists even if the particular offender is caught and imprisoned This kind of con ict exists among national ethnical racial and religious goupsquot But it does not exist between the hirsute and the bald Some p are individual events others bear the idangers of collective action Proof of this thesis is found in the willingness of the international community to treat killing as genocide simply because the offender and the victim helong to hostile embattled groups whether or not these goups meet the technical de nitions of the law The leading example is the con ict between the Hutus and the Tutsis a con ict that has generated numerous prosecutions for genocide both in the special tribund established for Rwanda and in the Belgian courts under a theory of universal jurisdiction for genocide committed aLbroadquot The differences between the I09 Dillof supra note 10 at I04549 Alon Hare amp Gideon Panchomovslcy On Hare and Equality 109 YALE LJ 507 5538 1999 la lEl The resolution 0 by PA United Nations did in fact protect victims of political perscwtion but the General Assembly eliminated this category before adopting the Genocide Convention For a critique of this decision see LEO KUPER PREVENTTON OF GENOCIDE 12647 1985 ll In early June 2001 a Belgian court convicted four Rwandans including two Catholic Hutu nuns of complicity in the minder of 7000 Tutsis seeking refuge in their monastery The Economist noted that dries was the rst time that a jury of from one country it judged defendants for war crimes committed in anotherquot Judging Genocide ECONOMIST June 16 2001 LEXIS Nexis Librm39y Economist File The jurisdiction of the Belgian court wm based on Article 7 of the Law of June 16 I993 granting Belgian oourtsjurisdiction over genocide as de ned in the Genocide Convention regardless of where the offense occurred or by whom or 0 whom the offense is The smuite was amended on February 10 1999 Beth Van Schaack In Defense of Crquotvil Redresr Domestic Enfememenr of i CiwTl Rights Norms in the Comet of the Proposed Hagtteludgntents Convention 42 HARV INT39LLJ M1 145 2001 78 2002 Collective Guilt 1525 Hutus and the Tutsis are not national not racial and not religious and no one has proposed a de nition of ethnic differences that would cover their historical socioeconomic differences Yet neither the United Nations nor the international community at large has had qualms about applying the crime of genocide to the Hutus persecution of their rival group The reason that the intemational community can respond so clearly to collective persecution in Rwanda is that the motivating force behind the law is not the letter of the 1948 treaty de ning genocide but a historical paradigm of killing in order to eliminate a genosm from the human species The crime obviously has its roots in Auschwitz and the Holocaust The author who coined the term in 1944 Raphael Lemkin emphasized the nation and its culture as the interests protected by the prosecution of genoscide as a distinctive crimequot The great evil of killing off a nation he argued was not simply the murder of large numbers of people but the resulting loss of its future contributions to the world quot5 Lemkin39s words recall the Romantic conception of nationhood and the role of meaning in national selfexpression in language literature and law I have shown I believe that the international crimes within the jurisdiction of the proposed Intemational Criminal Court are collective in nature Crimes of aggression war crimes crimes against humanity and genocide are the consequence of embattled and violent hostility expressed by one group of people against another Individuals act but at the same time the nation or collective acts and expresses itself in the action True we hold individuals accountable for these crimes but the formal structure of liability should not camou age the collective heart of the evil they perpetuate They are liable because they are members of the hostile groups that engage in unlawful aggression commit widespread or systematic cruelty and perpetuate harms with a design to eliminate opposing cultures They are not like criminals and victims as we know them in the domestic scene criminals who assert themselves and victims who are harmed as individuals The relationship of Romantic thought to the belief in collective action is surely not a simple equation of cause and effect The idea of collective action predates by far the literary and artistic period we label Romantic The notion of the collective as we shall see later in the argument has roots in Greek and biblical thought My point is to demonstrate that our conventional liberal individualistic ways of thinking about criminal ll2 See Developments in the Law39 Intemational Criminal law 114 HARV L REV 1943 2020 2001 H3 Genorquot is a Greek word meaning race or tribe RAPHAEL LEMKIN AXIS RULE IN OCCUPIED EUROPE 79 1944 H4 Id IIS Id at 91 79 1526 The Yale Law Journal V0 111 1499 liability simply do not account for the sentiments that actually shape the operative contours of intemational criminal law The mind of the law may speak in the language of liberal individualism but its heart lies in the disfavored ideas of collective action and collective guilt The mind of the Romantic is with us even if her voice is muted and too often scomed III THE GUILT OF NATIONS A From Collective Action to Collective Guilt We have concluded without too much difficulty that in the eld of intemational criminal law individuals act as agents of their states or nations The next stage of the argument is more dif cult How do we reason from the idea of collective action to the stigma of collective guilt I offer the argument in two stages first to show that collective guilt by some groups is a plausible conclusion and then to show that the nation as an entity may be said to bear collective guilt The rst stage addresses collective action in general whether it occurs in families clubs corporations or armies Ibis stage of the argument as presented in this Section devolves into three parts 1 nding collective action 2 inferring collective crimes from collective action 3 imposing collective guilt for collective crimes The second stage of the argument presented in Section IB responds to a distinct challenge namely explaining why among all the possible agents of guilt the nation warrants a special place in the pantheon of collective actors Concluding that nations can be guilty will require that we bring to bear all of our prior re ections on liberals and Romantics at war Before tumin g to the details of moving through these distinct stages we should note that nothing in the argument requires a discussion of feeling guilty The notion of guilt employed here is the state of being guilty the objective fact of being guilty Of course people do feel guilty but their feelings are neither necessary nor sufficient for the conclusion that they are guilty They might feel neurotic guilt for receiving bene ts they think they do not deserve and conversely they might well be guilty for crimes and sins they have committed without having any feelings on the matter at all The connection between feeling guilty and being guilty becomes more problematic as we move the analysis from individual to collective guilt To illustrate the problem I want to invoke a literary example In his recent novel The Human Stain Philip Roth provides us with a rich study in collective action and collective guiltquot Coleman Silk a high ranking professor and dean at Athena College refers to two persistently T I16 PHILIP ROTH TlEHUMAN STAIN 2000 80 2002 Collective Guilt 1527 absent students as spooks Unbeknownst to him the missing students are African Americans The remark takes on racial overtones and it is widely publicized as a bigoted reference to blacks The entire campus tums against Silk drives him out of his job and continues to haunt him with charges of sexual exploitation for dating a woman much younger than himself His death in an automobile accident breaks the mood of hostility and causes people to reconsider their lmee jerk responses At his funeral service a black professor named Herb Keble Silk s first hire at the university takes the podium and confesses his cowardice in failing to defend Silk His language is important I stand before you to censure myself for having failed my friend and patron and to do what I can to begin to attempt to right the wrong the grievous the contemptible wrong that was done to him by Athena Collegequot quot7 Keble confesses not only his personal guilt but also the collective guilt of the entire community He discovers something about himself that he was cowardly and disloyal toward a friend and he feels guilty But he also senses that everyone around him shares the same weakness of character He adds that the mistreatment of Silk remains a blight on the integrity of this institution to this day quot3 He points the nger at them at the same time that he indicts himself The liberal response to this argument is that Keble is only accusing other individuals of complicity in his wrongdoing but in fact he is doing more than that He claims that the whole college community is guilty They provided reciprocal emotional support for their persecution of Silk they acted as a group in the sense that their intentions attitudes and actions were all selfconsciously interdependent The group consciousness deprives them of their ordinary capacities for compassion lf each of them stood in a onetoone personal relationship with Silk it is less likely that they would have been hostile toward him for an understandable rnischoice of word But if these individuals separated from the influence of the group did take offense they would likely seek clarification not by talking to other members but by entering in a direct conversation with Silk a step that would have easily corrected the misirnpression To say that the entire college is guilty is not to suppose that there is a separate being someplace called The College and that this being feels guilty It is rather to trade implicitly on a well established philosophical argument about collective intentions and collective actions As John Searle argues about intentions we can in a reciprocal understanding of what we are doing share a collective intention We might have this form of we 17 Idat309 T I18 Id at 310 I I9 JOHN R SEARLE THE CONSTRUCTION OF SOCIAL REALITY 2326 I995 81 1528 The Yale Law Joumal Vol 11 1499 intentionquot in taking a walk together playing in a quartet or sitting in the legislature and passing a law If we can have the consciousness of acting and intending as a group we can surely tender feelings as a group These feelings might be hostility contempt or as in Herb Keble s example feelings of guilt for a wrong that we committed together Collective guilt of the college might have been possible but Keble did not establish it by generalizing from his own feelings His argument trades on a confusion between feeling guilty and being guilty The steps in the inference go like this 1 I feel guilty 2 Therefore I am guilty 3 The rest of the college has the same reason to feel guilty as I do 4 Therefore the whole college is guilty The giant hole in the argument arises from his assumption that the others feel the way he does and that he can make the same weak inference from their feelings to their state of guilt The better argument for Athena39s guilt would follow the arguments for collective guilt that I have laid out There is little doubt that the college acted collectively in shunning Silk Each member of the college did it with knowledge that they were acting together It was not the case that each said to himself I will do this and others will do it too They thought in the manner of weintentionsquot We will do this together Now to say that the college acted does not require that every single person was aware of what was going on There might have been someone holed up in the library who never heard of the affair but the few holdouts do not diminish the collective nature of the college39s action The fans can cheer collectively even if there is a dissenter sitting in the audience with his hands over his ears The important point is that the college acted as a body with a sense of shared identity among the participants They all thought implicitly If you are one of us you will treat Silk in the way we doquot That is the college acted not just with an aggregative will but with an associative will that expressed its identity at that moment in time Taking the step from collective action to collective wrongdoing is not so demanding The action toward Silk was wrong It was intolerant an expression of selfrighteous political correctness They did not give him a fair chance to explain himself This happens all the time in the groups in which we live Intolerant collectives turn against their perceived deviants and haunt them to the point of misery 82 2002 Collective Guilt 1529 To take the step from collective wrongdoing to collective guilt we need a theory of culpability some ground for saying that the memmrs of Athena College bore more than just responsibility for having done the act The ground of culpability would be negligence Each member of the community could have corrected his biased judgrnent about Silk but did not They were willing to run the risk of error when it would have been easy to sit down with Silk talk to him and revise their judgment y The case of at Athena College illuminates the general problem of collective guilt other cases sagy of German hatred for lews entail the same kind of group and conforrnist behavior in situations in which se1f correction would not normally h difficult Athena typi es the banality of evil made famous by Hannah Arendt s treatment of Eichrnann in Jertisalern The group members follow each other like sheep until tsornething happens to shock them into awareness of their wrongdoing But at any moment they could have tumed to each other and said Let39s think about what we doing here They had the capacity all along to understand their brutality and intolerance but they could not bring themselves to see it This is the paradigmatic case of beivng guilty but not feeling guilty until the nality of awakens thenormal human capacity for empathy B Fmm Collective Guilt to the Guilt of Nations To make the transition from the guilt of small groups like colleges to e guilt of nations we need a different methology There must be some way to single out the nation as the 0 bearer of the guilt for actions committed by subgroups within iit groups like the army a dominant political party or a social movement that like the intolerant members of the Athena community allow themselves to descend into collective sin or criminality L The problem is essentiallylone of attribution Imagine a large circle with several small circles within it Within each of the small circles there h several x s representing individuals There are some 135 standing from the small circles encompassed solely by the large circle The small circles stand for subgoups within the society families colleges professional organizations clubs arrtues units within the armies and the like The large circle stands for the nation de ned historically by its language sometimes by its religion often by its historical struggle for survival and independence Some xls within one of the smallerl circles call it the army commit some great wrong but with the lmowledge and spiritual 120 HANNAH AntNDT EICHMAMN N JERUSALEM 13539 1963 discussing the linle man39s rnentalityquot and perversion oiquot Kantian morality in Eichtnantfs thinking i 33 M30 The Yale Law Journal Vol lll l499 support to varying degrws of everyone in the nation de ned by the outer circle The problem is attributing the guilt for 1t action Should the target of the attribution be the smaller circle namely the army or the larger circle the nation As Hannah Arendt points out in her essay on German guilt the problem of attributing collective guilt takes on political overtonesquot39 After the collapse of Nazi Gennany the problem was whether the Nazi Party would bear the guilt for its atrocities or whether it could diffuse its guilt by transferring it to the entire nation Karl Jaspers entered the debate on this question with one of the most peneuating anicles ever written on the subject of collective guilt I discuss l7aspers s article in detail in an effort to clarify the problem of whether the nation is a t subject for hearing the guilt of its members Jaspers wrote The Question of German Guilt immediately after the war when there was a widespread tendency to regard the Germans as collectively guilty for starting the Wmquot and for the mass murder of Jews Poles and Gypsies There was considerable talk about collective punishment in the form of permanent limitations on the future development of German society 39 39 Surprisingly Iaspcrs comes out in favor of collective guilt but opposed to the idea of German guilt as an instantiation of the idea To reach this conclusion he situates the problem in a larger framework of four kinds of guilt criniinm moral political and metaphysical Criminal guilt is the most familiar embodiment of the concept There seem to be close associations betwan crime and guilt on the one hand and between guilt and punishment on the other The term for guilt across Westem languages culpabilir Schuild vina biinoss g ashma quot5 is used uniquely in law We are familiar with the commonlaw institutions of guilty p and guilty vervcts notion of irmocence as expressed in the praumption of innocence is closely tied to the same concept It is not exactly on point to say that someone who does not commit a tort or does not breach in contract is innocent The term is part of a complex of ideas Tmcluding 0 and punishment framed by the law Moral gum may coincide with crirninal guilt but it new not do so As J aspers uses the term the realm of morality focuses our attention on the inner quality of the but not in the way we are accustomed to think I2 Hannah Arcndt Organized Guilt and Universal Rcrpamibiliry In COLIEt3939nvE RESPONSIBIIJTY 273 Lany May amp Stacey Hoffman 12415 I991 122 JASPH5 supra note 33 123 Walter Russell Mead In the Long Rim Keynes and the Legacy of British Liberalism FORHGN JanFeb 2002 at 199 203 referring to the notorious Morgenthau Plan which would have 4 postwar y to a pastoral eeonornyquot J 124 lASFER supra note 38 at 3233 125 These terms respetiively in French German Russian Hungarian and Hebrew The latter term has a rich history which I take up in Section VILA 84 2002 Collective Guilt 1531 today Jaspers would say that those who act under duress or personal necessity namely those who may be morally and legally excused in the conventional understanding of those terms are still morally guilty if they could have avoided the act Thus Dudley and Stephens the famous sailors shipwrecked at sea who consumed a cabin boy to survive39 made themselves morally guilty even though many commentators today would say that they should have been excused under the law No one blames them for submitting to overwhelming pressure but they could have exercised heroic capacities to abstain from cannibalism and risk death by starvation Their failure to do so was enough for them to be morally guilty The court found them legally guilty and sentenced them to death and then the Crown commuted the sentence to six months in prison Both political and metaphysical guilt are beyond the moral category of the avoidable They attach even in cases of living under dictatorships where it is not humanly possible to avoid the inhuman actions of those in charge Political guilt is bome by each person in a political community merely by virtue of being there and being govemed As Jaspers puts it in a disarming sentence Es ist jedes Menschen Mitverantwortung wie er regiert wird Everybody is coresponsible for the way he is governed 393 According to this view the citizens of Stalinist Russia and fascist Germany were politically responsible for the actions of their leaders They were co responsible along with the dictatorial parties for their political life It is not clear whether this shared responsibility derives from the unrealized ability to overthrow the dictator or whether it follows simply from the fact that as Jaspers put it this is the political realm in which ich mein Dasein habe my existence is lived out 393 On the latter theory political guilt derives from identi cation with the society and being there at that time The argument for political guilt based on personal history resembles Freud s account of why we bear responsibility for the evil impulses of our dreams Unless the content of the dream is inspired by alien spirits it is part of my own being 393 For the sake of effective therapy we must accept our dreams as our own The argument appeals to our desire for coherence and authenticity of our personalities The same demands of consistency require us to recognize that we are part of the culture that has 126 1 supra uniIE P E at E3 I27 The v Durl ley amp Siephezria M Q 273 1884 I28 Eg PAUL R hllalS39tEiH I D Law DEFENSES 125 1984 Joshua Dressler Exegesis an the B of Earress lquotiisrh vEng rlra lE39nure and Searching for Its Proper Lr39nu39ts 62 S CAL L REV I331 137475 1989 I29 Dudley dc Stephens 14 QBD at 288 nl7 l 30 JASPERS supra note 38 at 31 13 1 Id The translation in the text is my own Ashton prefers under whose orderl livequot 132 SIGMUND Fruauo some Aoomonau NOTES ON DREAM INTERPRETATION AS A WHOLE 1925 reprinted in 19 THE STANDARD EDITION OF THE COMPLETE PSYCHOLOGICAL WORKS OF SIGMUND FREUD I27 133 James Strachey ed amp trans 1961 35 1532 The Yale Law Journai VOL lil 1499 nourished us The theme of alienage runs throughout both Freud and Iaspers We should not treat our dreams as alien to us and we should not be aliens in our own land This is the best way to understand Jaspers s claim that we accept coresponsibility for the way we are governed laspers thinits of metaphysical guilt as arising from solidarity with other human beings The failure to rescue even with no prospect of success generates this form of existential guilt As Jaspers describes the Q situation we did not go into the streets when our Jewish friends were led away we did not scream until we too were destroyed We are guilty of being alive 33 Metaphysical guilt goes beyond all other forms of guilt As Jaspers argues Sorneplace between human beings there is room for the unconditional proposition that either we live together or we do not live at all quot4 These propositions bring to mind a Talmudic analysis of sacri cing one to save many As the case is put a lewish aravan is surrounded by an enemy force The enemy says P Give us one of you as a hostage or we kill everyone in the caravanquot The rabbis concluded that the duty of the members of the caravan under these circumstances is to die together rather than arbitrarily to idendfy one of their number as a hostage This example illustrates Jaspers s point that there are some situations in which the solidarity of human beings requires them to endure the same fate Suppose the travelers remain passive as the enemy troops approach the caravan and i arbitrarily pick a hostage If they resist they will all be p But failing to resist failing to die they become as Jaspers claims rnetaphysically guilty for the death of their compatriot The problem is where the duty of soiidarity stops Claims of metaphysical guilt are presumably limited to a particular cluitural situation and therefore stop short of the universal guilt advocated by Father Zosima in The Brothers Karamazotv If everyone is guilty for everything then quoteveryone is also innocent This distinction loses its bite These arguments for polhiticual and metaphysical guilt offer a quali ed defense of collective guilt laspers defends the idea that some groups can be l33 JASPERS supra note 38 at 72 I34 Id at 32 The translation is again my own Ashton 0 Somewhere among men the unconditioned pnevais thc capacity to live only together or not at allquot 135 JERUSALEM TMMMD TTIACTATE TERUMOT 34 According to the analysis in this passage if the aggressor names a particular Sttspcct and threatens to kill the travelers if he is not turned over it permissible to sumender him to save the caravan The assumption is that if the authorities name a suspect they have reasonable grounds to believe that he is guilty of some wrongdoing Also if the suspect is named the guiit of choosing the victim does not fall upon the caravan 136 See generally DAVID DMJBE COL1ABDiu11DM W111 TYRANNY IN RABBIMC LAW I965 137 Home Dosrosvsxv THE Bnornaas Knrmmnzov Richard Pevear amp o Volokhonsky North Point Puss W90 1 880 35 nn 5 2002 Collective Guilt 1533 charged with political or metaphysical guilt but he takes a strong stand against the idea that nations as such can bear guilt of this sort He denies the guilt of the German people as opposed to Hitler and his party for the war and the Holocaust on the ground that the German nation has no clear contours There is no way of knowing who is included and who is not who is at the core of the nation and who is at the periphery He does not deny that some people possess more or less of certain national characteristics but nationality is a scalar not a categorica1 ltoncepL It is not like being male or female but more like being tall or short You can have more or less Germanness in your sense of identity but there is no xed level in this variable identi cation that de nes someone as a German in his heart There are many different Germans no single identity can be reduced to a composite German As he writes An entire nation Volk cannot be reduced to a single individual A nation cannot suffer heroic tragedy It cannot be a criminal it cannot act morally or irnmorally Only individuals in the nation can do these things 38 The clincher in Jaspers s rejection of German guilt is his reliance on antiSemitism as the paradigmatic charge of collective guilt It is irrational he claims to hold Jews liable in eternity because 2000 years ago a specific set of Jews in Jerusalem collaborated with the Romans in crucifying a man who later was called the Messiah There is no doubt that antiSemitism had its roots in part in centuries of calumny against Jews as Christkillers If we now understand this kind of undifferentiated indictment of a nation as irrational and bigoted he argues we should not repeat the mistake by charging all Gennans with the crime of the Holocaust Rhetorically and logically Jaspers s point compels our attention To ascribe irreducible associative national guilt to the Germans is to repeat the intellectual indecency of antiSemitism Implicit in the charge however is an assumption that national guilt is necessarily passed by birth to the next generation Might it not be possible however to think of all compatriots living in Gennany at the time of the Nazis as collectively guilty but of Germans bom after the war as free from the taint Might it be possible to develop a strong sense of the nation in the here and now without drawing the conclusion that the nation39s guilt is passed to the next generation There will be more about that question later but for now the primary challenge is to address Jaspers s claim that the nation has no clear contours cannot be an actor in history and thus cannot be guilty We have to ask ourselves what in our social and political lives makes the nation take on reality as an entity with a life of its own This is the I38 JASPERS supra note 38 at 4 The translation in the text is my own Ashton prefers One cannot make an individual out of a people A people cannot perish heroically cannot be criminal cannot act morally or immorally only its individuals can do soquot 139 Infra Section VA F87 1534 The Yale Law Journal Vol 111 1499 enneeptinn of the rtatilon theft one nds in Romantic writers from iWorr1swrorth I Eertler eonltl make it appeal to us today thee solidarily of tl1e nation appears particularly strong in the face of an a ttaek at Izhe ef suffering Witness the language used to describe the September 1 attaelt The vietirns were not the govemment not the culture not just the Maple but Ameriean nation The New York Times started p a I enplement entitled A Nation Challenged By using this the o to say that something more is at risk than our tall buildings the security of our borders or even our population The nation is attacked and that means that everything is at risk the collective American eapelizment the rttire and the unique vision of democracy and freedom idiern itself to Abraham Lincoln in November P netiee was at testing whether this rmtievnt or any nation eoneeivetl in liberty and dedicated to uality eeuld long endure The eneept of the nation eriahled tn the particularities of hlelrth and Senth As he P in his Seeend Inaugural Address a year and a half later Both sides read the same Bible and prayed to the same God 393 and both were part of the nation that suffered for the offense of slavery God gave to both North and South this terrible war as the woe due to those by whom the offense came 39 The entire nation suffered for its offense in founding a republic on the basis of slavery The contours of the nation heceme highpro le they stand out relative to subgroups like religions political parties and other organizations when because of their historical sitnatien people become particularly conscious of their language their historical legacy and their belonging to a partieularrerperin1elnt in et1lture and gevefent The sense of the nation as actor 0 histerjy differs rem enlture to enlture Since the Civil War Ame eanza have eetperirenmd a strong sense of the nation as the bearer of the American to and equality The French have long had a heightened eensetieusnese of eir nation in history as evidenced today by a remarkable quotation from Charles de Gaulle found on a monument near the Champs Elys es in Paris There has been a pact for the last twenty centuries between the grandeur of France and the liberty of the world quot5 I40 WORDSWORTH supra note 44 141 Herder supra note 25 142 Abraham Lincoln Gettysburg Address Nov 19 1863 in L013 1 EINHORN ABRAHAM LINCOLN me ORATOR 177 177 I992 143 Abraham Lincoln Second Inaugural Address Mar 4 1865 in EINHORN supra note 142 at 179 I80 I44 Id I45 De Gaulle made the statement in London on March I 1941 CHARLES DE GAULLE DISCOURS ET MESSAGES PENDANT LA GUERRE JUIN 1940JANVIER 1946 at 73 M Franeois Goguel ed BergerLcvrault 1946 author39s translation 88 2002 Collective Guilt 1535 Germany by contrast has undergone a relatively complicated transformation in its sense of itself as an actor in history This is evident in the peculiar German position on the crime of treason In virtually all countries of the world only people connected to the nation can commit the crime of treason Only those who are nourished by the nation whose identity is cast together with the nation owe a duty of loyalty to the nation Not in Germany Today anyone can commit the crime of treason against the Federal Republicquotquot When the Criminal Code was enacted in 1871 the crime conformed to the pattern elsewhere with the requirement that the perpetrator be German It is tempting to infer from this legal particularity that the postwar Germans scared by fascism amended their law of treason to abolish the relevance of nationality in committing the crime But this is not true Hitler changed the law in l934quotquot In his megalomania Hitler thought that the entire world was dutybound to respect his regime395 Anyone in the world who betrayed the Fiihrer was guilty of treason Beginning in the Third Reich Germans expressed a 146 Virtually all European codes condition the crime of ueason on a requirement of citizenship Eg CODE PENAL art ll3 Belg Tau Belg qui aura pom les annes contra Ia Belgique sera punt dc mart Every Belgian who carries arms against Belgium will be punished by deathquot 3 CP an 242 Italy quot fl cirradino che para la armi contra to State B purrita can I ergartaloquot A citizen who carries arms against the Italian state is punished by life irnprisonrrtentquot UGOLOVNYI KODEKS RF UK RF art 275 Russ establishing a maximum punishment of twenty years in prison for citizens engaging in activities hannful to the external security of the Russian Federation 14 8 StGB applying the crime of treason to whoever undertaltesquot 148 The original Gennan Penal Code of I871 distinguished between Hachvernar high treason which consisted in the murder or attempted murder of the Kaiser and Landesverrar state treason which was committed by sympalhizing with a foreign power and inducing the foreign power to wage war against Germany It is not clear whether anyone could commit high treason but only Gennans could commit state treason See STRAFGESETZBUCH FUR DAS DEUTSCIIE REICH 80 Harts Riidorff ed Berlin J Guttentag I890 high treason id 87 state treason by sympathizing with the enemy id 88 state treason by taking up arms against Germany 39l he term Landesverrar is now used to refer to acts of espionagegiving state secrets to a foreign power It can be committed by anyone 94 StGB But note that German legislation has introduced an offense not called treason that applies only to Germans 100 StGB punishing relationships endangering the peace I49 The relevant changes occurred in the Gesetz zur Anderung von Vorschriften des Strafrechts und des Strafverfahrens Statute for the Amendment of Provisions of Criminal Law and Procedure v 251934 RGBI I S34l reprinted in DIE STRAFGESE39l39zGEBUNG DER JAHRE 193 B15 1935 LEGISLATION FOR THE YEARS I9311935 Ernst Schiifer amp Harts V Dohanyi eds I936 150 The 1934 legislation employs a revealing tum of phrase that would be surprising if found in contemporary de nitions of treason Section 81 of the 1934 statute S39I39RAFGEsEI39ZBUCH FOR DAS DEUTSCHE REICH supra note 148 81 describes the act of treason as quotrobbing the President or Chancellor the Reich or another member of the govemrnent of the Reich of his constitutional powerquot Wer es nnremirnnrit den Reichsprriisidenten oder den Reichslcartzler oder en anderes Mitglied der Rcichrrcgierung seiner ver39fa quotungsrm39issr39gen Gewalt zu berauben The National Socialists were so convinced of their rectitnde that anyone who sought to undermine their authority was robbingquot them of something that was rightfully theirs 151 Nazi theorists had an obsession with the phenomenon of benayal For the most interesting article on point see Georg Dahm Verrat und Verbrechcn Treason and Felony 95 ZEl139SCHRFTFU R DIE GESAMTE STAA l SRBCH39l SWlSSENSCHAFl 283 I935 89 L536 The Yale Law loumal ivol l l l i499 peculiar lurid of internationalisrn focused on tlremselves This was an unusual four of racism The Nazis thought of themselves as creating a new world order with their race at the center It is difficult to know whether J aspers s sltepticism about the contours of P nationality reveals the uaces of Nazi political theory The more c question is whether his view of the nation as a potential agent is conceptually and historically correct The claim that boundaries of Germanness aretoo diffuse to circurnscribe the relevant agent seems to me raise At least far as presentclay is concerned there seems to be no doubt over who belongs and who does not Germany is in fact one of the few countries of the world tl39rat 1ike Israel rnaintain a law of reuirrr for their nationals born abroad Any Gennan from the East is enutled to imrrrigtate to Germany and acquire citizenship imrnediatelyfsz Also the Basic Law Constitution refers P several places to Germans and their rights and duties39 the reference is not to German citizens but to German natiotnalsf t My conclusion then is that Jaspersist rejection of collective guilt in the nation is too hasty But there are many more issues to explore before we say die nitively that we agree or disagree with his posi on le fact is that in wellrecognized instituii0ns of law and politics the notions of collective responsibility and collective guilt remain vital instruments of lawrnaking In at least two familiar contexts the notions of collective responsibility and perhaps guiltgseem to be unproblerrlatic The rst is the notion of collective debt or disability deriving from the Ehavior of past generations There are many details and complexities in the debate about compensating aborigines for expropriated lands or about compensating the descendants of slavesquotquotquot There are problems identifying the heirs of both the perpetrators and the victims Ancl there is an ongoing debate about returning the lands now used by others as a means of providing monetary restitution But the collecu ve inheritance of the debt is no more problematic than the principle of state succession in international 1512 According to the latest arnendrnent to the German citizenship law all G nationals de ned as under Article 1160 of the German Constitution on August 1 I999 automatically become citizens See Gesetz zur Reform des Sraaitsangehtiriglreitsrechts lstatute for the Reform of the Law of Citizenship v 1571999 BGBI I S1til8 codi ed 403 STAATSANGEHORJGKEHEGESETZ StAGl 153 13 GRUFNDGESFIT GIG Consmution an 3 granting all Gennansquot the right peaceably to assemhle id art 12 gantinrg all Germans W right freely to choose their profession and their place of work atL 204 granting all the right to resist efforts to undermine the Basic Law 154 In W 1161 defining Germanquot to include not only citizens but also German ethnic nationals or their wives or descendar1Ls permitted to reside in the territory of the Reich as defined at the end of 1937 155 See the pathbre u1g decision in Maba 13 Queensland 1992 107 ALR l Austl in which High Court of Atusualia recognized that the Meriiam people retained rights to certain lmuflrsr in the Murray Islands 90 2002 Collective Guilt I537 law If the states are responsible for the debts incurred by prior regimes then the same principles apply to alleged duties to make compensation for past acts of wrongdoing More difficult issues arise in thinking about inherited disabilities A good example is Arrticle Nine of the Japanese Constitution which states that the quot Japanese People forever renounce war as a sovereign right of the nationquot and prohibits the Japanese from maintaining land sea and air forces 3957 In practice this provision is interpreted to permit a small force for purposes of selfdefense But the selfinflicted mark of is inescapable From now until eternity the Japanese bear a disability not recognized as far as I know in the constitution of any other counny The current generation may feel no guilt at all but surely General MacArthur quothad guilt in mind when he imposed that provision in the Japanese Constitution Entrenching disabilities of this sort in a constitution seems to say to the world There is a sad here in this nation and it is planted from generation to generation The irony of the Japanese situation is that apart hom this provision in their constitution the Japanese have had difficulty recognizing guilt for their behavior in World War 11 Until recently they resisted apologizing appropriately to the Chinese or Koreans Their military selfrestraint stands out as a recognition of wartime guilt In these contexts at least it is plausible pace laspers to of the nation as the entity that collective guilt for the crimes of its subjects and citizens It does not follow that subgroups are not also guilty but it some collective entities are guilty then the nation is among them IV THE DISTRIE UTION o1 GUIIt AN ARGUMENT FOR lViI3939lGATi0N The overall tendency in the discussion of collective guilt is to assume that the idea should be likened to repressive measures against pwple whom liberals would regard as innocent because they in fact did nothing The great challenge in the is to develop a humanistic approach to collective guilt that would lead to mitigation of punishment for those whom liberals would regard as guilty rather than to the sanctioning of those treated as innocent bystanders The way to do this is to think about the distribution of 156 Compensation for prior racial discrimination raises special problems of the continuity of the debtor and creditor classa See Psw Constructors Inc v Pena 515 US 200 239 I995 Scalia J concurring arguing that under the Constitution races cannot incur collective rights or 7 debts 157 pBr Constitution art 9 Japan 153 In October 2001 Japanese Prime Minister Jttnichiro Koizurni offered a public apology to Korea for Japan39s past policies Valerie Reinnan Japanese Premier Lectures and Yellcnl A in South Korea LA TIMES Oct l 6 2001 at A14 39 91 u39g r3939I 39 i538 The iYalelaw lournal Vol ill l499 guilt between the individual perpetrator and the nation in whose name he or she acts i The notion of dish39ibuting responsibility is familiar to us in the law of comparatixve negligence When two or more people connibute causally to the occurrence of a harm each should pay according to the degree of causal contribution A similar idea underlay the law of provoca on in the common law of homicide The critne was reduced from murder to manslaughter if it was thought that the victim contriutw to his or her own demise This pnlnciple was reflected in the cases that required the provocative in uence to come from the victim and not from a third party That is originally provocation was thought to be apartial jusdfication The causal input of the victim reduced the wrongdoing attributable to the defendant Admittedly today the docni ne of provocation functions as a partial excuse based on the relative incapacity of the person suffering CXDTGIIIB mental or emotional dismrbance 15 The important lesson to be drawn from comparative negligence and from the history of provocation is that it is possible to distribute guilt among the parties to a criminal uansaction i A Famous case in Germany before the new code was enacted in L975 illustrates the same point in a way that is directly relevant to our exploration of collective guilt as a theory of mitigation The KGB ordered an agent named Stashchinslcy to commit assassinations in Gennanyquotquot At his trial for murder Stashcltinsky claimed that he was merely the servant of the KGB that it was the dominant party in the relationship Therefore even though the KGB was not before the court it should be regarded as the principal and he Stashchinsky should be treated as an accessory receiving a lesser punishment It was an ingenious argument drawing on precedents in German law The Supreme Court of Genznany The result would be di lerent under the common law and under the new German code but 159 p v Yellow Cab C0 532 P2d 1226 1243 1975 Admittedly there is some controversy about whether cornparadve negligence implies comparative personal culpability or comparative musation The code is explicitly gounded in comparative causation 254 BURGERJJCHES GESETEUCH BGB establishing that liability for negligence depends on the extent to which one party or the other caused damage 160 Wlnite v State 72 SW W3 T ex App I902 Rex v Simpson 34 LlKB 1393 Eng App l9lS For analysis of these old cases see GEORGE P V RET1 IBmlIG CRIMHML LAW 24546 1978 I61 MODEL mvntcooe 2lO3lb I985 162 Entscheidungen dcs Bundesgcrichtshofm in Strafsachen BGHSt Supreme Court 18 i 8397 l63 Fora discussion of parity of punishment for principals accessories in eomrnomlaw jnrisdictions sec Geonoe F Ftertuen BASIC Concerrs on Comma Law 19094 1 998 164 251 SIGB 0 w provision enacted to reverse phv principle of the x case now reads The person who actually oornmits the deed hirmclf or through another is punished as a principal Id author39s tmnsladon 92 2002 Collective Guilt 1539 the Stashchinsky case still represents a sound way of thinking about sentencing based on the relative prarticipation and guilt of the parties The prentisle underlying this approach is that guilt must be measured and distributed in relative degrees of pariticipation This is true in particular when all the parties act intentionally and maliciously and there is therefore no basis for distributing responsibility on the basis of rnens tea The criterion is not subjective but objective The dorninant or hegemonic party warrants more blame and punishment than the subservient Now let us consider the prosecution of Adolf Eichmann in Jerusalem and the question of whether he should have been considered so guilty that he deserved the death penalty I am very much drawn to the idea that the guilt of the German nation as a whole should mitigate the guilt of particular criminals like Eichrnann who is guilty to be sure but guilty like so many others of a collective crime Applying the Stashchinslty principle provides a way of rectomtizing that in cases of genocide and other collective offenses there are in fact two perpetratorsethe individual and the nation Considering the guilt of the nation in the sentencing process would provide a concrete and practical way to recognize collective guilt in criminal trials Recognizing the mitigating effect of the nation39s guilt would mitigate the responsibility of the offender though perhaps in many cases this guilt would remain sufficiently grave to justify severe purtislmnent If we assume for the moment that the German nation is guilty for the Holocaust the question is whether guilt stands in the same relationship to Eichmann39s guilt as does the responsibility of the KGB commanders to Stashchinslcy There me some problems in drawing this analogy The German nation acted through Eichtnann as well as through other agents of the Final Solution But the relationship was not causal While the KGB commanders were complicitous indeed the dominant party in Stashchinsky s killings the German nation is not complicitous in Eichrnann s crimes in quite the same way This point requires some explanation A relationship of complicity requires interaction between two completely independent parties We have to be able to W of the KGB as expressed presumably in the actions of its commanders as distinct and separate om the behavior of Stashchinslcy If this is the case then the KGB can become the dominant party in the relationship and Stashchinsky can become the dependent accessory The relationship between the p m nation and Eichmann does not fall into the categories of domination and suhorrdinatinn The relationship is more like that between a ve person improvistaltionial p l group and its drurnmer The goup expresses itself through the j as well as tlurough other individual musicians but the collective entity of jazz rnusicians does not cause the drummer to play Nor 93 i540 The Yale Law loumal ivol lll i499 would it be correct to say the group improvising as it does dominates its members or is eornplieitous in their playing In order to see the problem of distributing guilt between Eichrnann and the German nation more clearly I must invoke the distinction explained in the beginning L between guilt in the associative sense and guilt in the aggregative sense Associative guilt attaches to a nation and not to its members Aggegative implies that the guilt of the nation consists of the surntotal guilt of the individuals who constitute it In order for the nation to bear a portion of the guilt and thus to relieve Eichmann of part of his guilt we must thinlc of this guilt not an aggregation but as an irreducible associative guilt of the nation The guilt must adhere to the nadon as such and not to the individual members If national guilt were simply an aggregation of the guilt of individuals then for the purposes of sentencing a particular offender like Eichmann the guilt of the nation would be either tautological or irrelevant It would be tautological to claim that Eichmann should be punished less because his own guilt projected onto the nation provided a basis for mitigating his crime It would n irrelevant to invoke the guilt of other 58 agents who engaged in the systematic killing of Jews for though their guilt might be part of an aggregated German guilt their role would have nothing to do with blaming and punishing Eichmann In order to make the claim then that German guilt should mitigate Eichmarufs guilt we have to P8c of the nation and its guilt in a fully robust Rornantic sense We must regard the nauion as an independent agent capable of its own wrongdoing and its own irreducible guilt for wrongdoing We confront two basic problems The first is how we can imagine a noncausal basis for mitigating the guilt of an individual wrongdoer like Eichmann The second related problem is how a factor of associative guilt could relate to an individual in a way that could plausibly mitigate his guilt Our causal arguments based on the examples of comparative negligence provocation and Stashchinsky are of no avail If the aim of disuibuting guilt between the nation and the individual is to be achieved we have to look elsewhere and find an argument that L not depend on a causal nexus between the nation and the individual who chooses to do evil l m there is an argument But in order to develop the claim I rnust engage in a slight detour to explain the reasons for regarding individuals as culpable or guilty for their crirnes The conventional view is that individuals are culpable because mhey engage in unlawful action with the mens rea required by the de nition of the offense That is as the particular statute requires they purposely lcnowingly recklessly or negligently engage in conduct that satis es the elements of the offensequot This is true as far as it 165 MODEL PENAL Coon 2020 94 2002 Collective Guilt 1541 goes But that is because we assume that people formulate these intentions and other mental states in the kind of society in which the particular criminal action is routinely criticized and condemned But let us suppose we live in a world in which it is conventionally acceptable to hate Jews as Christkillers or to regard blacks as subhuman or to think of gays as perverse and unworthy members of the species Not so long ago these were the dominant opinions in the United States Suppose further that in this world of hate it is perfectly acceptable to commit physical assaults against these people who are nominally protected under the law but nonetheless routinely despised and demeaned This behavior might be formally against the law but nonetheless commonplace If the dominant systems of beliefs encourage actions like Kristallnacht lynchings gay bashings or domestic violence those who succumb to violence are certainly to blame but one has to wonder whether they alone are to blame and whether they must bear the guilt alone To domesticate these doubts in our theory of criminal liability we must re ne our notion of guilt by adding a secondlevel decision namely re ecting upon the intended action and deciding to go ahead with the criminal deed despite the opposition of others The potential criminal in a normally diverse society has an opportunity for selfcorrection to revise his criminal impulse in light of generally prevailing moral norms of the society Now what happens in a society in which all the external signals point in favor of the criminal action This is the moral condition that generates the banality of evil as Hannah Arendt so powerfully describes the climate of the Third Reich The sad truth is that these climates of moral degeneracy are all around us in every school in Palestine that teaches hatred of the Jews in every madrasa in Pakistan that teaches contempt for in dels in every Yeshiva that preaches the permissibility of assassinating political leaders in every society that tolerates the Ku Klux Klan in every society that stigmatizes difference legitimates hatred or inculcates a disposition toward acceptable violence I want to suggest that those who generate a climate of moral degeneracy bear some of the guilt for the criminal actions that are thereby 166 I leave out of the discussion my more conventional notion of culpability requires integration of excusing conditions See FLETCHER supra note 163 at 8284 This is true but not relevant at this juncture 167 For a closely related theory of secondorder volitions see HARRY G FRANKFURT THE IMPORTANCE OF WHAT WE CARE ABOUT 20 1988 which accounts for freedom of the will as seeming conformity of the will to secondorder volitions I68 ARENDT supra note 120 David J Cohen anticipates the argument made here that the banality of evil should have had a mitigating effect on Eichmann s punishment He criticizes Arendt for failing to see this point Cohen supra note 65 at 316 lHaving made the best case the case the defense did not make for Eichrnann39s innocence by locating his crimes within the larger bureaucratic moral political legal and social context of Nazi occupied Europe she completely denies the relevance of that context for an assessment of his guilt 95 critique which explains that the 1542 The Yale Law Journal V0 1 ll 1499 endorsed These circurnstances of M action do not come about by accident They require teachers religious leaders politicians policies of the state and a network of supportive laws Identifying the agent responsible for the climate of hate is not so easy Sometimes we should call it the society Sometimes it is a political party of the government Sometimes it is the people or the nation as a whole However this collective is identi ed it seems plausible to say that it is represented by the state when the state brings a criminal prosecution The people bring the indicmient against the offender and in these cases wheres evil has become brlanral the people constituting the society bear some of the guilt The way that criminal prosecutions actually function accomplishes the opposite of the proposed mitigation of guilt Instead of recognizing the role of the nation39s guilt in generating the crime the purpose of the prosecution is to lay the entire responsibility for the criminal incident on the shoulders of the offenders This is obvious in the lCC s current prosecution of Slobodan Milosevic where the implicit purpose of the proceedings is to blame the defendant for the crimes committed by his army A proceeding more sensitive to Q problem of collective Ph would recognize the role of the Serbian nation in the genesis and eiteeu on of these crimes against Croatians and Muslims One can tliinlti of this guilt as a lcind of treason by the nation against its loyal citizens The smte and the nation it represents have a duty to contribute to the ourishing both physical and moral of individual members of society To do this they must create or at least not suppress a climate of opinion in which potential offenders can exercise their second order power of selfcorrection By enforc ntg orthodoxy by resroiclting the range of morally appealing options the state deprives its citizens of a critical asset in their moral lives namely the possibility of critical moral selfassessment When the state or the society denies people the possibility of selfcorrection it commits a wrong It betrays its duty to create circumstances of moral action and it bears part of the guilt for the crimes that result We have before us a humanistic theory of collective guilt a theory that provides a plausible basis for mitigating the penalties of those who cornrnit horrendous critnes The theory is not simply an argument of state forfeiture tnamely that the state has misbehaved and therefore cannot punish the crime fullyquot5 The argument is based rather on the disoibution of guilt between offender and society between the offender and the nation in 169 Judge Bazelon the quotforfeiturequot thesis to explain why a state that tolerated poverty should not be able to prosecute crimes that derive from mat condition of poverty David L Bazelon The Morality afthe Criniina Law 49 5 CAL REV 385 1976 But see Stephen J Morse The Twilight afwelfare Cn39rm39naI0gy A Reply to Judge Bazelan 49 5 CAL L pV 1247 l9 76 95 2002 Collective Guilt 1543 which his life is expressed It should apply in foreign courts as well as in domestic courts It should have had a 39bearing on the sentencing of Eichmann it should have in uenced our perception of the crime committed by Timothy McVeigh it should have come into play when East German border guards were put on trial for doing what the ideology of their society preached namely using deadly three to prevent their fellow citizens from eeing to the quotWest p crime esprelsses not only the guilt of the offender but also the eullective u of those who deprive offenders of their second order critical sensibilities The argument is not causal in any narrow sense The claim is not that the cliniate of opinion causes the crime but rather that creating an ertihoaty of hate deprives people of their secondorder capacity to rein in their erinziinal The secondorder capacity for selfrestraint resembles Kant s notion of freedom to cheese between the phenomenal world of the senses and the ngournenal world of reason The criminal is under the in uence of a sensual irupulsie He or she is subject to the forces of the phenomenal world but has the capaci ty to ehoese a different realm of causation to enter the noumenal world of reason and thus to allow his or her conduct to be govemed by the moral law Failing to exercise this choice is a fonn of culpability Kant would not concede that the society ever deprives an individual of that choice to be govemed by the moral law but the fact of the matter is that our circumstances can increase the difficulty of choosing the moral order over the irninediate demands of the senses hurnanistjle theory of eollecslivei guilt could uransfurni the way we about guilt in Q prnseeutions All toe ofIen in cases ranging fsorn Esiehunann to M eVei ewe choos e the ignore the cun1plic ity of the state and society by heaping guilt on a single offender But we know lthst life and crime are not so simple No one acts as an island And when we pretend that evil can be concentrated in offenders who are sentenced and executed we deceive ourselves about the genesis and nature of their behavior Let us review the intellectual joumey that has led us to this point The aim of this Part has been to devise a theory of collective guilt that could miu7getevil1 e guilt of seeming evi liloers like Eichmann 4 first attempt was to reason by analogy to causal theories of eomplicity represented by the 5 teshehiesg ease q inquliry us into a euledesee because the re71atiultnsliip between eoll ective actien by the nation and individual action by the citizen is not causal Because complicity presupposes a causal relationship we cannot say that the nation is complicitous in the crime I70 See IMMANUEL KANT GROUNDWORK OF THE METAPHYSICS OF MORALS 13 Mary Gregor ed amp trans Cambridge Univ Press 1998 1785 citing the metaphor of the will as standing between two roads 97 1544 The Yale Law Joumal Vol l l 1 1499 Thus we tumed to the possibility of a noncausal theory based on the collective guilt of society for at least partially depriving the offender of the possibility of selfcorrection Those who participate in creating the banality of evil bear a portion of the guilt for the accidental offender whose actions bespeak the mentality of the crowd This theory of collective guilt provides a humanistic defense of a doctrine that is generally regarded as repressive and violative of individual interests But if the notion of collective guilt has so much to say for it why do liberals resist the idea Unfortunately the concept has two faces and we must turn now to the dark side of the Romantic impulses that led us to take collective guilt seriously V Two PERILS or ROMANTIC Tumxmc We should rehearse some tentative conclusions that we have made in the course of this exploration and identify the role of Romantic thinking in their genesis First we concluded that whatever the liberal edi ce of the law we in fact take collective action more seriously than we ordinarily suppose I demonstrated this in the context of liability for intemational aggression war crimes crimes against humanity and genocide Second we concluded that so far as there is collective guilt for these crimes it is appropriate to treat the nation as the bearer of that guilt Romantic thinking leading to the identi cation of the expansive self with the nation provides the foundation for this second move To take this step we had to reject Jaspers39s position recognizing the possibility of collective guilt but denying the nation as an agent capable of wrongdoing Now it is time to turn to the two serious moral consequences of Romantic thinking in the law The first consequence derives from the belief in the nation as the bearer of guilt The nation includes the dead and the unbom as well as the living If the nation is guilty the conclusion seems to follow that guilt is transmitted to future generations The passing of guilt from the living to the next generation leads to the extreme that I identify as too much guiltquot The second consequence follows from the Romantic commitment to the authenticity of self the human being fully realized when at home in his or her language and culture This leads to a deep problem in the theory of criminal responsibility If terrorists are authentically committed to the premises of their own culture how can we blame them for committing crimes of violence against those they perceive as their enemies If we cannot in good conscience blame them for their harmful deeds we have to think twice about whether we justi ably punish them This is a problem of too little guilt These two issues represent the excesses of Romanticism We shall nd that as we probe more deeply into 98 2002 Collective Guilt 1545 these implications of Romantic thinking the liberal alternative will begin to look more attractive A The Excess of Transmission by Birth Let us take seriously the possibility that an entire nation is at a certain moment of time responsible and guilty for crimes committed in its name The recurrent example is German guilt for the Holocaust This is not because we are short of other convincing examples of the phenomenon Many Americans over ow with feelings of guilt for slavery for the wartime intemment of the Japanese for having subjugated women for so long for having harbored homophobic sentiments In some respects we are the showcase example of collective guilt but the German case has drawn sustained literary attention and therefore remains at the forefront of the debate about whether collective guilt is morally and conceptually plausible The charge of German guilt recurs in various writings Daniel Goldhagen charged Germans living in the decades prior to IIitler s rise to power and the Germans living under Hitler as guilty of eliminationist attitudes and actions toward Jews They created the political culture that made the Final Solution thinkable and doable In a recent study of anti Semitism James Carroll writes Iitler s genocidal assault on the Jews became the work of an entire people 397 The interesting question is whether these generalizations can be limited in time Can one speak of German guilt for the years up to 1945 but of no guilt afterward as though the Russian occupation of Berlin suddenly changed everything In other words can one generalize synchronically but not diachronically Can one sweep up a range of people who lived in a certain decade in a certain geographical area but reject any spatial or temporal extensions Suppose there is a certain amount of data about the behavior of ordinary Germans in the face of antiSemitic attacks like those of Krista lnacht the burning down of most of Germany s synagogues coupled with the SS s physical assaults against Jews What follows from these data as to the millions of people about whom we have no information at all Are they complicitous in the German elirninationist culture if so why stop with the Germans Why are not Poles Ukrainians Slovaks and Hungarians also implicated The impulse that leads us to generalize at the level of the nation is the Romantic preoccupation with nations as the bearers of culture For thoughtful writers like Goldhagen and Carroll the 171 DANIEL J GOLDHAGEN HmER s WILLING EXECUHONERS ORDINARY GERMANS ANn1HEHoLocnUsrI996 172 James CARROLL CONSTANTlNE39S sworu THE CHURCH AND THE laws 28 2001 The sentence ends quot and an entire civilization was prepared to let it happen Id 99 IS46 The Yale Law Joiunal Vol 11 1 1499 natural point of reference is the German people organized in a particular political regime sharing a single history speaking a single language On the unspoken assumption that those who perpetrated Kristallnacht should be described as Germans and not more broadly as Europeans or more narrowly as young men of a certain political affiliation who happened to live in Germany the Germanquot becomes an abstract wrongdoer Here we are reminded of Karl Jaspers39s warning that ascribing guilt to the nation replicates the frame of mind that led to antiSerriitismquot3 Behind this particular form of hatred in the Christian West lies the conception of the Jew as the eternal deviant as the bearer throughout history of guilt incurred in Jerusalem 2000 years ago The idea that guilt passes from generation to generation expresses I think an ineluctable consequence of attributing guilt to the nation rather than to particular individuals The nation includes the young and the unbom Is a child bom in the Nazi period exempt And if the child is bom immediately after the collapse of the Third Reich does it make sense to exempt the child from the culture that has rendered itself guilty The ingredients of mass belief the elements that accounted for elirninationist antiSemitism do not change just because the regime changes If the guilt attaches to the nation and the nation has a life greater than its constituent members then the guilt would seem to pass to the next generation not necessarily to individuals but to the nation as a whole Thus by the inevitable process of taking the next logical step we have arrived at the conclusion that if the nation is guilty the guilt is transmitted from generation to generation It is harder than we rriight think to avoid this particular perversion of collective responsibility The idea dwells deep in the instincts of Western civilization The primary example is the Christian doctrine of original sin According to the Book of Genesis Adam and Eve violated God s command by eating fruit from the tree of knowledge of good and evil Their disobedience brings to bear God39s threat of mortality If they eat of the fruit they will surely diequot5 Augustine read into this text the origins of a taint transmitted to each new generation The voluntary transgression of the first man is the cause of original sin 397 And Paul before him similarly concludes By one man sin entered into the world and death by sin 39quot The idea that human beings are born already affected by sin has become a 173 Supra note 138 and accompanying text 174 See infra note 192 and accompanying text 175 Genesis 217 176 Augustin De Nuptiis et Concupisceritia On Marriage and Concupiscence bit 11 pt xxvi ch 43 420 in 5 A SELECT LIBRARY OF THE NICENE AND POSTNICENE Fxrwans OF THE CHRISTIAN CHURCH Sxmr AUGUSTIN AN39lquotlPELAGIAN Wnmncs 257 300 Philip Schaff ed amp Peter Holmes el al trans 1971 177 Romans 512 100 ZDOZ Collective Guilt 1547 theological premise for Catholics and many branches of Protestant thinking Baptism became necessary to cleanse the newborn of original sin and to restore the possibility of everlasting life Thus the doctrine of original sin is tied to the promise of salvation and the resurrection of Jesus as its demonstration Whatever the right theological associations of original sin there are few ideas more disturbing than the claim that children are born tainted by sin Not surprisingly the Enlightenment attitude toward the value of human beings led to the rejection of the doct1ine For Nietzsche it is said it lay like a wncer in the bowels of an entire civilizationquot quot9 The idea is incompatible with the Jeffersonian creed that all men are created equal at least if the claim of equality is based on the in nite value of all human beings rnade in the image of God The distinctively American version of Christianity the Church of Jesus Christ of Latter Day Saints explicit1y rejects the doctrine of original sin According to the second article of Joseph Srnith s creed We believe that men will be punishw for their own sins and not for Adam39s transgession Though Muslims and Jews also share the same story of creation they reject the standard Catholic reading of the Fall in Eden39339 39Ihoughthe idea of transmitting guilt by birth is not a common Jewish docnine it is recognized in the Hebrew Bible Under Moses and J oshua the Jews fought a battle with a tribe called Arnalelt according to the version related in Deuteronomy Amalek attacked from the rear when the Jews were famished and weary 3939 In engaging in this maneuver Amalek was undeterred by fear of God 3983 The clescription of the Jews battle with Arnalek is very obscure but it seems to suggest that Arnalelt was guilty of some war crime perhaps the first great war crime of the West The Jews are commanded never to forget this crime and to make war against Amalelt throughout the ages 395 It is not clear whether p means that the guilt of the tribe passes from generation to generation but that would at 178 Douglas Farrow Fall in THE OXFORD COMPANION I0 CHRISTIAN THOUGHT 233 233 Adrian Hastings el al eds 2amp1 noting the Enlightenment characterization of doctrine of the Fall as a fquotperversion 13979 Id 180 Monaco Articles of Faith an 2 quoted in BRUCE R MCCONKIE A New Wrmass FDR ms X or Farm 79 I985 181 On the Jewish view see 0 e oormnent made about Adam eating the forbidden fruit in Er HAYIM P on LIFE Team AND COMMENTARY I8 David Lieber p 200i Moreover we note that neither here nor anywhere else in the Bible is their act characterized as sin let alone the sew On the Islamic view see MARCEL A Borsano HUMANISM IN ISLAM 63 1988 Islam thus rejects the idea of a fall of Inan of original sin whose oonsequencm were to be transmitted to all of mankindquotquot 1 B2 Deuteronomy 2513 183 Id 184 Exodus 1716 101 l548 The Yale Law Journal Vol 111 1499 least provide an account of the peculiar Jewish obligation to continue the war against Amalekquot As strong as the religious roots for transmission by birth may be there is also a countertradition expressed in the Prophets Ezekiel preaches What mean ye that ye use this proverb concerning the land of Israel saying The fathers have eaten sour grapes and the children s teeth are set on edge A5 I live saith the Lord God ye shall not have occasion any more to use this proverb in Israel 3935 Ezekiel continues in this vein to stress that the father and the son shall eachbe judged according to their own deedsquotquot The idea that guilt is transmitted at birth is explicitly rejected Yet the very fact that it is denounced shows how recurrent and tempting the doctrine is One nds it not only in the declaration of perpetual war against Amalek but in the other doctrines of Jewish law such as transmission of the taint of bastardy mamzerut for ten generations But nothing in Jewish thought comes close to the condemnation of all of humanity in the doctrine of original sin The line from the Pauline doctrine of original sin to Christian anti Semitism is easily traced Both have their origin in the Christian reading of the Fall in Eden As Elaine Pagels points out in The Origin of Satan anti Semitism in the Gospels is strongly connected to the Christian invention of the devil as the force of evil The culminating passage comes in John when Jesus denounces the Jews as sons of the devil399 The origins of the devil lie in the Christian reading of the story of Eden the same reading that produces the myth of the Fall leading to redemption at Calvary The devil makes his appearance in the form of the serpent who seduces Eve to eat of the fruit39939 As the sin of Adam and Eve is passed from generation to generation so is the in uence of the devil which Catholic theology associated with the crime of the Jews in betraying the Messiah and in refusing thereafter to accept him as their savior 3992 J aspers was right in suggesting that adopting the idea that German guilt passes from generation to generation replicates the intellectual indecency of antiSemitismf We see from the story of Amalek to the doctrine of I 35 There is a e ifiar eennranieIinn between wish te Islot out the memery quotf n lnIn l lf and His te remember 1 renew the war from generratinn In ggeneretien sE39nrnquottere Deerernnerny 2319 39If quot39 llet mat the mernery ef trnalek frtrm Ltnder Heaven 1rir39lr ref 25 Remember what tmalelt did re you C IE6 Ezekiel 132 I87 Id l820 The soul that sins shall die The son shall not bear the inequity of the father neither shall the father bear the inequity of the sonquot I88 Deuteronomy 233 I89 ELAINE PAGELS THE ORIGIN OF SATAN 10205 1995 I90 John 844 Ye are of your father the devil quot 191 Genesis 316 192 PAGELS supra note 189 at 104 See generally CARROLL supra note 72 discussing the history of antiSernitisrn 193 Supm note I38 and accompanying text 102 2002 Collective Guilt 1549 original sin to the birth of antiSemitism to the problem of German guilt one baleful and pernicious line of argument This is surely one of the most regrettable chapters in the history of Westem thought Ezekiel could rail against it but he could not defeat it Let us retrace the steps that have led us with seeming inevitability to the doctrine of transmission of guilt by birth We started with the idea of collective guilt as a way of making sense of the thesis that collective entities must participate in the crimes punished under international law and we asked ourselves whether this form of guilt inheres associatively in the nation as such In the last Part we argued that in order to advance a humanistic theory of collective guilt one that has a mitigating impact on the sentencing of individual offenders we had to assume this associative theory of guilt If the guilt of the nation is merely aggregative it could not have any relevance for sentencing But if guilt is associative and inheres in the nation itself and if the nation lives from generation to generation so do its achievements its responsibility and its guilt But precisely this idea has generated relentless critique from Ezekiel to Nietzsche to Joseph Smith to Karl Jaspers There are two perhaps three ways out of this moral maze First we could deny the existence of collective guilt altogether an option that becomes ever more appealing Or we could hold that collective guilt consists merely in the aggregative total of instances of individual guilt in which case as I have argued it would be irrelevant for sentencing Or we could take seriously the possibility that the guilt remains in the nation but that it bears no relationship to individual guilt As the volanre generale tells us nothing about private individual wills the culpabilit generale of the nation would not inform us about the guilt of any particular individual This third option is one that we should take seriously We might call it nontransitive associative guilt The nation is guilty for its crimes in the past but nothing follows with regard to the guilt or innocence of particular people alive today Perhaps this is the conception of collective guilt expressed in the renunciation of military action in the Japanese Constitution This absuact form of collective guilt has great appeal even though it fails to satisfy the desideratum of a theory of national guilt that would hear on sentencing criminals like Eichmann I turn later to a more serious examination of this fonn of nontransitive associative guilt 194 For exposition of the thesis aggregative guilt is either tautological or irrelevant see supra Part IV 103 l550 The Yale Law Joumal W01 ll 1 1499 B The Problem of Guiltless Sincerity the docoine of nvansmitting guilt by birth generates too much guilt the other implication of Romanticism in the law yields too little guilt The starting point for thinking about this distortion of guilt is the glori cation of the inner self at the core of l Romantic movernent The seat of the poet39s authenticity was the lamp that radiated from his or her irrtagination Existence reality and ultimately morality come from within For existentialist theologians like P and Schleierrnacher the search for God begins with res that in r the hearth of the self3995 This preoccupation with internal feelings moral implications The important guideline for conduct should not be society s criteria of right and wnontyg but the inner drummer the internal heat that leads us to express our deepest selves Isaiah Berlin summarizes the impact of this way of in the German Romantic movement By the l32s you find an outloolc in which the state of mind the motive is more irnportant than the consequence quot 399 The core of morality becomes in Berlin s words pjurity of heart integity devotion dmication 3997 In the same time span at the turn of nineteenth century when the early English Romantic poets were celebrating sincerity and the imagination English 2 law also took a turn inward One P this stulft in the emergence of criminal attempts crimes in which liability rests on the intention rather than the result One also encounters a transformation of larceny from a crime based on appearance and objective criteria to a crime hascd on intentions Embezzlernent becomes a crime even though there is no way to perceive the moment that the clerk decides to keep the money already in his possessionquot The same transformation is evident in homicide Though the law had long recognized defeasing conditions based on mistake or accident we find a progressive reorientation of hornicide from a crime based on causing death quot to apcrime the core of 195 Supra notes 2729 and accompanying text l 96 BERLIN supra note 22 at 10 197 M 198 One of the earliest cases in the common law was Re v Sco eld Cald 397 I784 cited O in 0gw supra note I60 at 34 119 which upheld a conviction for attempted arson when the defendant had put a candle among combustible materials but was k before the aU broke out 199 Sec PNs P Fletcher 77 Metanwmhasis oflnrceny 89 HARV L REV 469 I 976 200 The first embezzlement statute was limited to servants and clerics who acquired possession of goods belonging to m masters An Act To Protect Masters Against Embezzlements by Their Clerks or Servants 39 Gen 3 c 85 I799 201 4 WILLIAM BLACKSTDNE CJOMMEN39l ARIES quot3920l stating that causing the death of another human being arnounts to murder unless where justi cd excused or alleviated into manslaughter 104 2002 Collective Guilt 155 l which is intentionally causing lBf l2l39l2m The critical oansformation is om a criminal law based on results and the causing of harm to a criminal law anchored in the mens rea or guilty mindquot of offenders One sees the afterglow of this rnovement in the contemporary debate about moral luck One scholar after another has up behind the counteriantuitive View ihat consequences are morally irrelevant All that matters in assessing the blarneworthiness of offenders is that over which they have conInol2 3 Their intentions and bodily movements are within their control but not the consequences of their actions According to this view the aggressors of September 11 are guilty for intending to crash their hijacked airplanes into the World Trade Center and aiming the planes in that direction but they are not guilty for the collapse of the towers and the resulting deaths As bin Laden claims in the videotape released in December 2001 he did not even expect the total destruction of the towers It is worth noting how a persistent misreading of Kant s moral philosophy tends to support this metamorphosis of the law In Groundwork of the Metaphysics of Morals Kant argued that only the good will could be called rnoral The good will is one 0 of all sensual influence It expresses pure reason and the moral law Kant s claim about good will is deep and central to his endte theory of moral autonomy under the law Yet the theory of the good will has become distorted by subtly shifting the focus from will to intention The argument becomes that intention is the core of morality thus dovetailing withBerlin39s account of the Romantic emphasis on purity of heart integrity devo on dedicationquot 5 This misreading of Kant the confusion of will with intention might have been just an obscure footnote in the emergence of sincerity as a basis for denying criminal wrongdoing Yet the way Kant was read in uenced the entire Romantic movernent in the decades after his writing His emphasis on the self and on autonomy dovetailed with those of others who preferred to read 0 as glorifying selfexpression and the role of the expansive self in history2 7 We witness this continued misreading in the way philosophers glorify autonomyquot as the capacity supposedly to 202 The transforrnation was complete when acciclent ceased being an excuse to be proven by the defense and its converse intentional killing 0V an elernent of PQ prima facie to he by the prosecution See Woolmington 1 Dir of Pub Prosecutions 1935 AC 462 Eng ILL I935 203 153 Joel Feinberg Equal Punishment for Failed Anemprs Same Bad but instructive Arguments Against it 37 ARE L REV H7 1995 Sanford H Foreword 17142 Criminal Law and the Ludt ofrhe Draw 84 J L amp CRIMINOLOGY 679 I994 204 Eli7 bellt Btltrliller A Nation Challenged T716 Video NJ o 143 200 at A1 205 KANT supra note 170 at 7 BERLIN supra note 22 at P0 207 On the way Johann Grottlieb Frchte used Kant as a bridge to a doctrine of self as the supreme source of value see supra note 22 at 9396 105 ISS2 The Yale Law Joumal V0 1 1 1499 do your own thing when in fact for Kant autonomy required submission to the moral law Berlin regards Kant as a transitional gure in the Romantic movement not because of what he really said but because of the way his ideas about the will and the importance of freedom lent themselves to other purposes The xation on intentions as the core of criminality leads to the view that only bad intentions are subject to moral censure Those who sincerely think they are doing the right thing cannot be blamed They are merely expressing who they are If we sentence them to prison or even impose the death penalty as in the cases of Eichmann and McVeigh it cannot be because they are guilty and deserve punishment rather the state has an interest in imposing the sanction Perhaps the interest of the state lies in malcing the victims feel vindicated by seeing the offender suffer Or perhaps the offender is simply a threat to public safety and must be neutralized We should have more doubts than we do about whether ideological offenders are really guilty and whether the sanctions they suffer are really punishment rather than measures imposed for the sake of social protection More than one mistake in criminal theory has been made in the name of the doctrine that good intentions cannot be the proper subject of blame and condemnation Think about the doctrine of imperfect selfdefense in California and other states which holds that if the actor sincerely believes in the necessity of selfdefense that belief however unreasonable it might be precludes a nding of malice and thus requires a verdict of at worst manslaughter The first trial of the Menendez brothers represented a dramatic application of this doctrine In the first trial the jury was deadlocked because half believed that the brothers killed in good faith the others rejected their claims of a feared imminent attack In the second trial the judge correctly instructed the jury that the issue of goodfaith belief in an imminent attack was insufficient to mitigate liability for intentional murder Or think of the wellknown mistake in the Morgan case in which the House of Lords concluded that in principle any goodfaith belief in the consent of the female victim was suf cient to preclude a nding of intentional rapequot The misleading idea is that mens rea requires knowledge 208 For an example of this tendency to equate autonomy with liberty see David AJ Richards Sexual Autonomy and the Conrrimrional Right to Privacy A Case Study in Human Right and the Unwritten Cansrinrrian 30 HASTINGS LJ 957 1979 209 KANT supra note 13970 at 53 210 BERLIN supra note 3922 in 9396 21 People v Humphrey 921 P2d 1 6 CaL 1996 concluding that an honest but unreasonable mistake negates malice and reduces intentional homicide to manslaughter 212 For a detailed account of this controversy in the Menendez trials see GEORGE P FLETCHER WHH JUSTICE FOR SOME PROTECTING VICHMS RIGHTS N CRIMINAL TRIALS I41 48 1995 213 Regina v Morgan I976 AC 182 EL I976 106 ZOO2 Collective Guilt 1553 that one is doing the wrong thing it is not enough just to be negligent in believing that a violently protesting woman was consenting to intercourse The worst fonn of this misguided theory in criminal law is the often resuscitated misconception that negligence cannot be a real basis of blameworthiness and guilt because the inadvertently negligent actor does not choose to do wrong None of these ideas would have much currency were it not for Romantic emphasis on sincerity and authenticity as criteria of virtue To be guilty supposedly one must be aware that one is deviating from right conduct If one simply is deceived misguided and oblivious to the moral cues of one s situation one cannot be guilty This doctrine of guiltless sincerity re ects an extreme of the view considered earlier that the guilt of the collective can mitigate the guilt of the misguided individual who is unab1e because of the insulating effects of orthodox opinion to engage in moral selfcriticism In the Romantic view of authenticity this humanistic theory of mitigation is turned on its head Now it becomes an affirmative doctrine for applauding the individual who acts in hannony with his culture even if the cues of this culture are to hate some minority and to tolerate aggression against its members The banality of evil becomes the virtue of being true to one s roots and one s culture This is surely a perversion of Romantic thought but refuting the doctrine of guiltless sincerity is not so easy Legal systems do in fact sanction ideological offenders but if we pause to reflect on the meaning of guilt and punishment in these cases we run into dif culty What is the sense of blaming and punishing if the defendants see themselves as martyrs What are we doing to them when they have no sense whatsoever of personal guilt To avoid this distortion of Romantic sincerity we have to make some rather strong moral claims First we have to assert that there is an objective moral crime called hanning and killing innocent people For anyone who takes moral reality seriously this is not too daunting a thought Moral reality implies that propositions about right and wrong have a uuth value that is they actually say something about the world But second we have to make an argument about the blameworthiness and guilt of those who commit this wrong in good faith in the sincere belief that under certain circumstances it is right to kill innocent people They are guilty for failing to grasp and to act in conformity with moral truth This might be right but I cannot escape the feeling that this attribution of guilt for ignorance of universal truths carries the ring of moral dogmatism One problem with formulating and applying a universal proposition about killing innocent people is that virtually all the ideological offenders I 14 Jerome Hall Negligent Behavior Shoidd he Excluded om Penal Liability 63 COLUM L REV 632 I963 107 l554 The Yale Law Journal VoL 111 i499 have mentioned im9liev ed in one way or another that their victims beltonged to a class of peoplie who were aggressing against them Their ideology was never simply to kill innocents but rather to eliminate what they perceiived correctly or incorrectly to be some kind of threat Hitler and his followers thought that Jews were strangling the nation Arnir the assassin of Yitzhak Rabin believed that Rabin was a rodef an aggressor threatening the life of Israel Kaczynski thought that technology was ruining civilization The aggressors of September 11 felt invaded by the existence of Israel and the presence of American troops in Saudi Arabia The litany of paranoid perceptions goes on and on But irrational or not these offenders would not have described their actions as the killing of totally irmocent people Their factual ermr adds to the difficulty of blaming them for ignorance of universal moral truth Perhaps they knew the moral tmth but just disagreed about its application in pracnce The distortion of guiltless sincerity is k everrecurrent threat to clear thinking about guilt in the criminal law Like the distortion of transniission by birth this implication of Romantic thinking calls into question not only the project of attributing collective guilt but the project of understanding the very concept of guilt We are as it were at a crisis of faith in our original thesis Our attempt to understand international criminal law led to the thesis that nations engage in collective actions and participate in aggression war crimes crimes against humanity and genocide To account for this rm belief in nations collective agents we turned to the Romantic tradition in search of an answer But now we see that the entire enterprise suffers from serious risks of distorted thinking We are prone to accept too much p in the theory of transmission by birth and too little guilt in the clocnine of guiltless sincerity VI SHADOWS IN THE NEIGHBORHOOD RELATED Concwrs In the face of these intellectual currents pushing us toward collec ve guilt and then repelling us we should l to stabilize our inquitjr by considering both a conceptual and a historical perspective on collective guilt In this Part I consider individualistic and collective variations of two concepts closely related to guilt responsib ify and shame The promise of this is that it will illurninate ideas lthat lie in the of and offer the possibility of reasoning by analogy from these neighboring concepts to guilt itself In the end these analogical efforts prove to less than fully convincing but they enable us to understand the appeal of the reverse analogy namely the displacement of collective guilt into the language of collective responsibility and collective shame In Part V11 I turn from conceptual to historical arguments and consider whether we 108 isss The Yale Law Joumal Vol 111 1499 criminal responsibility The term has analogues in almost all languages and provides a bridge connecting criminal law with private law and administrative law The ubiquitous concept of responsibility appears to be the lawyer s friend It does the job of justifying both punishment and civil sanctions and it carries few metaphysical pretensions The notion of responsibility has several attributes that are absent in the concept of guilt First the idea of responsibility extends to future behavior Students are responsible for certain cases prescribed by the syllabus They must literally answer in class when questioned about the material A responsible person is one who can be counted on in the future not only to give an accounting of past actions but to do what he or she is supposed to do 39 Second the negations of the concept of responsibility are more subtle than are the negations of the concept of guilt The opposite of being guilty is being not guilty or innocent There are two variations in the negation of responsibility and they represent drastically different ideas A nonresponsible person is someone who cannot be expected to give any account at all By contrast an irresponsible person is someone who will give a selfincriminating account that is someone who can be counted on to do the wrong thing Neither can be relied upon in the future The nonresponsible person might do the right thing but without planning to do it The irresponsible person is likely to make plans that will precludehis or her doing what is expected This ne distinction appears to be unique in English I know of no other language that employs two distinct negations of the concept of responsibility Curiously being responsible for a crime in the positive sense carries a denunciatory tone close to being guilty for the crime But think of the striking difference in the negations Being nonresponsible means you are not guilty by reason of insanity or incompetence being irresponsible implies you are guilty on a particular occasion and further that it is in your character to do the act that has rendered you guilty Third by describing someone as responsible nonresponsible or irresponsible we say something about their character how they will behave over time By contrast guilt is always connected to a particular deed in the past To say that someone is guilty implies a relationship between the guilt and the actquot for which he is guilty Because the statement She is responsible is ambiguous implying either that she is responsible in general or for a particular deed the same conceptual connection does not arise And fourth affirming responsibility carries no necessary consequences while guilt is closely connected to punishment either an 215 HLA Halt Varieties of Responsibility 83 LAW Q REV 346 I967 110 2002 Collective Guilt l557 expectation of punishmentby the criminal law or a craving for punishment in the case of feeling guilty This account of the differences between responsibility and guilt does not answer the question of why the concept of responsibility appeals to T many people in place of the concept of guilt particularly collective responsibility instead of collective guilt Perhaps the difference is that responsibility seems like a secular downtoearth concept stripped of metaphysical overtones while guilt carries overtones of ultimate signi cance a sense of the concept that we have yet to pin down B Collective Responsibility Square Two The move from the individual to the collective variation of responsibility poses few problems If a single person can be responsible for a child in his care then a team of babysitters can take responsibility well If something happens to the child they a1l together and as individuals must provide an accounting and they may have to stand responsible in the sense of accepting civil liability The collective duty to act seems relatively easy to mtahlish and that duty in turn provides the basis for joint and several liability in tort or contract They are each responsible for the whole damage thus implying complicity in each other39s personal liabilityquot The very fact that collective responsibility is based on complicity however reveals an important difference between this attitude and the associative nature of collective guilt that we explored previously The collective responsibility of the babysitters is aggregative not associatzive But perhaps there might be an associative version of collective responsibility For example one mightoffer this interpretation of N article in the Japanese Constitution renouncing L action Instead of saying that Article 9 testi es to the collective guilt of the nation some people would feel more comfortable saying that it represents a confession of collective responsibility 1 I Butis collective responsibility really the right term I assume that the war effort was the clirectjresponsibility of the nuing elite It is not quite right to say that the war is also the respontsibility of the younger generation that knows little about events that occurred a half century ago There a sense in which a young German who goes to Israel to worlr on a kibbuu feels responsibility to make amends for the crirnes of the past but these feelings of responsibility do not imply that a duty to have the same response passes like guilt from generation to generation Nor would 216 For an exploration of the distinction between moral guilt and compensatory responsibility see Yael Tamir amp Noam Zohar Who Done It Mom Responsibility for aCollective Action 2 ONLINE J ETHICS 1998 at httpfwwwstdon1eduIcbeslzohar htrnl 111 2002 Collective Guilt 1559 two the second being so taboo that it is not even discuss erd in the Bible T but the latter two animal impulses are the mainstay of all longdistance ights This distinction awaits an explanation Opening one39s eyes is essential to feeling shame The core experience of shame is feeling exposed subject to the gaze of another There is no suggestion in the text that either Adam or Eve judged each other harshly blamed each other or felt anything in particular but they were aware of each other s eym And the first reaction to each other s eyes was to sense theinakedness of that part of the body associated with shame The response to shame as to nakedness is to avoid the gaze This requires one to covers oneself up as suggested by the metaphor of clothing oneself in g leaves The concept of nakedness appears again in the story after Adam and Eve clothe themselves God comes into the Garden and purports not to know where Adam is This is of course amusing quat by a supposedly omniscient God The divine search for enables the man now with T eyes opened to say that he was hiding He had heard the voice of God in the Garden and he felt something that made P sense his nakedness and required to hide The 39 somethingquot that Adam felt after he heard the voice of God is critical to the passage The Hebrew word irah is often T translated with a connotation of fear I heard the sound of You in the Garden and was afraid because I was naked m39 The better translation in a religious context is awe or reverenee Adam felt naked because he was in awe of God He could not feel awe tmless he also felt separate andable to see God for a power other than himself Adam and Eve feel shame toward each other but tltein sentiment relative to God is not shame but awe and respect The Common theme is separation They can feel shame when their eyes tell them that they are separate beings and they can feel awe toward only after they lbecome like gods themselves knowing good and evil Offering this interpretation of Eden is important for several reasons First it gives us a mythological account of the origins of shame in the experience of seein and being seen Second it provides a plausible reading of and Evels conduct that is totally different from the Chrisdan story of disobedience fall and corruption of the human condition The idea of sin the doctrine of transmission by that troubled us in Section VA is by no means a necessary or even a compelling implication of the biblical text The more plausible reading of the story leads to a conclusion not of disobedience but rather of independence from the parentcreator and the acquisition of knowledge that would enable and Eve to maintain 219 Cf Max Scheler and Feelings of Modesty in PERSON AND SELFVALUE l MS Frings ed amp P l98 grounding the analysis of shame in the human need to distinguish humans from animals 220 Genesis 310 39 113 lS60 The Yale Law Joumal Vol 1 l 1 1499 their independence God39s ambivalence toward their seized independence is revealed in the act of providing skins and clothing to them before they are expelled from the Garden 1 would not say that this brief exposition solves all the problems of the text but it is a plausible beginning Shame in individuals we can conclude has a sound grounding both in our experience and in our mythology The feature that makes it different from responsibility and guilt however is its nonrational quality There is nothing logical about feeling shame for one s genitals And indeed in nudist colonies people can easily overcome their habit of genital shame Nor is there anything wellreasoned about minorities feeling ashamed of the way they are with the resulting desire to conceal their origins and stay in the closet On the whole it seems that the practice of coming out liberates people from the strictures of shame Yet at the same time a strong sense of shame provides people with sound moral restraints Feeling ashamed for say cheating or committing adultery is a healthy reaction that strengthens our ties with others D Collective Shame Square Four With this clari cation of shame as an individual experience can we then infer by analogy the phenomenon of collective shame Consider the problem assayed by the German philosopher Anton Leist as he re ected on the experience of Germans who visit Auschwitz Some feel shame and others do not What should the rst group say to the second That they ought to feel shame Note they would not say as parents say to children You ought to be ashamed of yourself l t is hard to imagine a duty to feel shame We just noted with regard to shame about being gay or Jewish or the victim of a rape that there is no rational basis for the sentiment There could hardly be a duty to feel the irrational All we can say is that some have the experience and that some do not If all or just about all Germans experienced shame when they visited Auschwitz we could say that they collectively as well as individually experience shame Another interpretation of collective shame might be that Leist feels shame in his capacity or aspect as a German He feels ashamed about a personal characteristic that he shares with the entire nation In this situation it would not matter how many of his compatriots shared the feeling Note that in both of these senses the notion of collective shame is clearly aggregative It consists of the sum total of the feelings of shame experienced by panicular individuals 2214 Id 3321 222 Anton Leist Scham and deutsches Natianalbewu tsein Shame and German National Consciousness in AK39l39lJELIE FRAGEN POLITISCHER PHILOSOPHIE CURRENT ISSUES IN POLITICAL PHILOSOPHY 369 Peter Koller amp Klaus Puhl eds I997 114 2002 Collective Guilt 1561 There might be many good uses of the concept of collective shame But I do not think that it could exist in a collectivity in an associative sense Shame is too closely connected with individual experience for collective shame to be any more than the sumtotal experience of individuals who feel shame This is not to say that the concept is always so used The notion of shame could appeal to us as a surrogate for collective guilt A good example of collective shame as a euphemism for collective guilt comes to the fore in a thoughtful essay by Andras Sajo about living as a Jew in postHolocaust Hungary Sajo argues that Hungarian Christians should feel collective shame for their participation in the mass murder of Jews after the German invasion in March 1944 As a recognition of this shame he claims they should be willing to make reparations to the victims and their families As a liberal who believes in the paradigm of guilt exclusively for individual action he thinks the concept of shame will serve his purposes better But in fact he would want the Hungarians to go through a process resembling what they would do if they felt collective guilt Feeling shame is not the kind of sentiment that generates a duty to make compensation Even ifl feel shame for what I personally have done I am not sure why I would want to compensate someone who has suffered as a result of my action That would not make me feel less ashamed But if it is guilt that I am feeling then compensation might restore my relationship with the victim and reduce the hostility directed toward me If the Hungarian Christians felt shame about their own their parents or their grandparents role in the murder of Hungarian Jews the appropriate response would be to try to hide to cover themselves in order to avoid the gaze of those they injured This response would not satisfy Sajo He wants them to come out to stand up and be counted Ideally they should confess It seems that these are our expectations of people whom we regard as guilty for what they have done In reviewing these issues we are left with the nagging feeling that many serious drinkers may experience anxiety in invoking the concept of collective guilt It seems much more comfortable to talk about collective responsibility or collective shame But why should this be 50 Perhaps there is something to be learned from taking a look backward and assaying the historical evolution of the concept of guilt VII SHADOW FROM TlIE PAST THE HISTORY OF GUILT When we discussed responsibility and shame we started naturally with the cases of individuals and reasoned by analogy to collectives that is we 223 Andras Saj6A quotordable Shame in THE Pmmooxas or UNINTENDED Consequences I63 Lord Dahrendorf et al eds 2000 115 562 The Yale Law loumal V0 a 1 1 M99 assumed that die individual case was more basic and it should be the starting point for reasoning In the case of guilt the same principle does not so clearly apply A Guilt in the Bible if we go back to the Hebrew Bible we nd a conception of guilt with contours radically different from our current assumption that guilt is basically individual and subjectively felt When we rst encounter guilt in Genesis the concept is both collective and objective The term appears in a story told 0 times in the lives of the Patriarchs The pattern is always the same One of the fathers of the Jewish people is about to enter a foreign land where he suspects that the barbariarts will kill him and take his wife Therefore Abraham twice and lsaac once relive the same deception Each tells the foreign potentate that hiswife is in fact his sister in all three cases something happens to inform the potentate that either heor a man of his court u about to commit adultery 39 In the first version Abraham then p o Abram passes Sarah then called Sarai off as his sister Pharaoh takes her into Pq Plagues then descend upon Pharaoh and his household as a sign that a sexual sin has occurred or is about to occur Pharaoh quiclcly realizes that something is wrong in the natural order and confronts Abram with his lie in the later retelling of the same basic story with Abram renamed Abraham and the potentate named Abimelech the truth of sexual sin is realized not by a plague but by God coming to the king in a dream and saying You are to die because of the woman that you have taken for she is a married wo rnan 225 In the third telling when Isaac passes off Rebecca as his sister a king also named Abimelech discovers the lie when he sees them engaging in affectionate behavior that would be incest if they were actually brother and sister Assuming that they are not an incestuous couple Abirnelech con onts Isaac establishes the lie and then says What have you done to us One of the people might have lain with your wife and you would have brought guilt upon us 226 This is how the moon of guilt makes its appearance on the biblical stage In those places where you would expect to nd it after Adam and Eve eat of the forbidden fruit after Cain kills Abel after Ham abuses his father Noah the concept is absent Adam and Eve feel shame and Cain 224 Genesis 1217 225 Id 203 226 id 2610 emphasis added 116 l564 The Yale Law Journal Vol 111 I499 negative and the positive the contamination and the decontamination reveals the tight conceptual connection between the two Walter Burlcert historian of Greek religion and culture has a different take on this easy association of guilt and punishment in the ancient world He suggests that those who committed the offense requiring a sacri cial response actually tendered personal feelings of guilt and projected these subjective feelings onto the sacri ce This account does not square with the language of the Bible but perhaps both are correct The hypothesis seems safe that the ancient world understood these concepts in a way different from our own In contemplating whether Oedipus feels guilt or shame for his fated patricide and incest it is often said that the Greeks at the time of Sophocles did not distinguish between the two concepts There are signs of both in the play When Oedipus discovers his crime he craves punishment as though he were guilty in the modem sense but the method of his selfin icted punishment putting out his eyes and going into exile resonates with shame He cannot hear to see others looking at him While the ideas of guilt and shame are interwoven in Athens they are distinct in Jerusalem The biblical test recognizes a culture of shame in the story of Eden and a distinct understanding of guilt and guilt sacri ces in Leviticus Even in Athens there are clear differences between Sophocles and Aristotle who was bom a century later than the playwright The Nicomachean Ethics continues to be a guide to the general theory of responsibility and enables us to understand the concept of guilt as it is used in the modern sense B From Objective to Subjective Guilt In the last 2500 years in the West we have undergone a major transformation in our thinking about guilt The evolution toward our current approach to guilt has required the transition from the objective phenomenon of pollution to the subjective condition of blameworthiness Though we retain the ancient idea of objective guilt the focus has shifted to the modern idea of feeling guilty Along with this change there has been a shift from guilt as a xed quantity the same for everyone to the concept of guilt as a matter of degree The striking assumption of modemity is that some people are more guilty than others Their relative degrees of guilt depend on two factors first how much they contribute or how close they come to causing 232 Walter Burkcrt Greek Tragedy and Sacrt cial Ritual 397 GREEK ROMAN 639 BYZANTINE STUD 87 I I2 1966 noting that the community is knit together in the common experience of shock and guiltquot at the time of sacri ces 233 BERNARD WILLIAMS SHAME AND NECESSITY 8889 1993 234 ARISTOTLE THE NICOMACHEAN Enncs London C0 amp Wyman 1350 118 2002 Collective Guilt 1565 physical harm and second their internal knowledge of the action and its risks The principal who controls the actions leading to harm is more guilty than the accessory who merely aids in execution of the plan Those who take risks intentionally are worse than those who do so inadvertently These assumptions about relative guilt are built into the modem way of thinking about crime and punishment These shifts from the extemal to the intemal and from the categorical to the scalar account for another conceptual transformation The notion of guilt in the biblical culture was connected with a particular kind of response the sacri ce of animals in a religious ritual In the modern secular understanding of guilt the linkage is not with sacri ce in the Temple but with punishment prescribed in court As Herbert Morris writes To be guilty is among other things both to owe something to another and to be the justi ed object of their hostility 35 Morris emphasizes the element of indebtedness in guilt a factor that provides a bridge between the duty to sacri ce and the duty to suffer punishment The process of secularization of guilt should not lead us to forget one very important aspect of guilt in the modern understanding Paul Ricoeur points out in The Symbolism of Evil that the guilty person suffers from a particular sense of unworthiness a loss of selfesteem that leads to a craving for punishment as the tting extemalization of his intemal self depreciation 37 One should add that in our current postapartheid and post Communist political situation the need for punishment can be satis ed as well by public confessions of guilt This transformation of guilt is much too deep and too radical to be attributed to any single historical process It is dif cult even to date the transfonnation It would seem to be older than the rebellion of the German Romantics against the French Enlightenment in the end of the eighteenth century but it is not clear when the shift occurred Did it take place with the preaching of the Hebrew prophets with the emergence of Christianity and its conception of individual salvation or with the sixteenthcentury Protestant doctrine of salvation by faith alone These religious movements account neither for the secularization of guilt nor for the grading of guilt as a matter of degree Nor can the history of religion account for the modem phenomenon of free oating guilt and its detachment from all extemal anchors The modem condition is best expressed in the plight of Kafka s 235 HERBERT MORRIS ON GUILT AND INNOCENCE 120 I976 236 Morris39s argument is based largely on the common root in the Gemtan terms Schuld guilt and Verschulden debt Unfortunately this linguistic clue is not as far as I know available in other languages 23 PAUL RICOEUR THE SYMBOLISM OF EVIL 10002 Emerson Buchanan trans 1969 238 RICHARD J GOLDSTONE HEALING WOUNDED PEOPLE WAR CRIME AND TRUTH Corvuvussrous 1998 119 l566 The Yale Law Journal V0 lll M99 Joseph K939 He knows that he is charged with somethingquot He is regarded as guilty for something but he does not know what He must wander the maze of the law in search of the trial that will resolve his anxiety about his internal state of onworthiness It is as though he is Oedipus but with the plagues internalized and without a truth that can be discovered Among all these transformations is another that is en39lieal for purposes of this investigation namely a shift in the presumedepoint of departure from collective to individual guilt Our entire investigation has taken for granted that the burden of proof is on the advocate of collective guilt For the ancients particularly the ancient Hebrews collec ve guilt was the normal instance of the concept Though we must aceept the conventional assumption individual guilt is wellunderstoa and collective guilt problematic it is hard for me to believe that we can entirely escape the in uence of the past The bihlical understanding as re ected in the story of Isaac and Abimelech rnnst remain with us in some fashion We use the concept of guilt today in the shadow of the biblical language The ancient understanding seeps though our intuitions and opens us to the plausibility of attaching guilt to collective entities like the nation C Feeling G m39Ity If we are going to go modern then we should go all the way and start our inquhfy with the lcornrnon experience of individuals who feel guilty This feeling is usually coupled with a sense of unworthiness and a craving to be punishedsm laspers s wellcmfted categories address the status of actually being PH in one of four ways legal1y morally politically and rnetaphysically Now we with the other side the subjlective phenomenological state of feeling guilt As Oedipus and Abirnelech are paradigniatic gures for the ancients in their approach toward guilt Raskolnikov is the exemplar of the modern man who knows precisely what he has done but fails ini ally to grasp the moral qualities of his actions He undergoes a process of discovery as did Oedipus and Abirnelech Raskolnikov captures the existential situation of all the ideological killers who know precisely what they have done but who have yet to discover their guilt for having put their hand to evil The process of discovery carries with it the sudden explosion of truth Repression caves in and truth overwhelms The reaction can often be 239 FRANZ THE TRIAL Willa Muir dz Edwin Muir 0 Alfred A Knopf I95 1937 240 C12 Rnzoaon supra note 23 at looOz 241 See Fvooon Dosrovevsm CRIME AND Puwtsni Constance Gannon W Random House 1944 1366 120 2002 Collective Guilt 1567 violent as in the case of Oedipus Or it can be therapeutic and lead to a reconciliation with victims or with one s self The important implication for our purposes is that this process of exploration and discovery applies to groups as well as to individuals An entire culture can support slavery but the mass of people will be able to ignore the humanity of their fellow human beings only for so long Sooner or later the truth will break through and the abolitionist spirit will be born These political transformations cannot but invite a sense of guilt for the mistakes of the past For Germans living after the war the critical experience was apparently a television series named Holocausr that told the story of one Jewish family exposed to systematic persecution and mass murder Suddenly thousands of people understood for the rst time the depth of the crime that their fellow countrymen had committed One cannot get the same logical slippage in talking about shame because there is no similar gap between feeling shame and being ashamed I cannot say that another person is ashamed if she feels nothing of the sort If a fellow American feels no shame upon visiting the museum in Hiroshima I might be able to say that he or she ought to feel shame but I cannot say about shame as I can about guilt that he or she is in fact ashamed without harboring any feelings of the kind 39 The reason for this difference I believe is that shame never enjoyed the mythical history associated with guilt From the beginning in the Garden of Eden the concept of shame was used much as it is today a sentiment of shortcoming felt in the eyes of another It was never a taint drat could be expunged by sacri ce or punislunent But guilt as we have seen has its roots in the practice of sacri cing animals to expiate sins in particular to cleanse the community of guilt that its members have brought upon it 39 VIII CONCLUSION THE SOCIAL MEANING OF COLLECTIVE GUILT Collective guilt is one of those ideas we try to avoid We may be proud about the achievements of our people and our nation but we do not want to acknowledge that we are personally touched by the crimes committed in our nation39s name We grow up in a language absorb a culture learn its history and then think that we can pick and choose between the things we like and the things we do not Responsibility is comfortably abstract Shame obtains or not as our feelings happen to take fonn But guiltcollective guilt touches all of us 242 About half the adult population 20 million people watched some portion of the television series when it was first broadcast in January 1979 The experience had the effect of adding the word Holocaust to the German language William Drozdiak Hitler Zzgacy Haunt Germany 311150 Years After Rise Nation Sr r lzssans WASH POST Jan 30 1983 at A l 121 i568 The Yale Law Journal Vol 111 1499 The use of collective responsibility seems to avoid all the baggage associated with the staining the cleansing the distortions of original sin and guiltless sincerity And shame has the same appeal Can we with one of these more appealing concepts and reason by analogy up the scale to collective guilt I doubt it If we start with responsibility we will nd it hard to capture that special sense of unworthiness that attaches to guilt both to the state ofbeingguilty and to the feeling of guilt The concept of shame offers no distinction comparable to that between being guilty and feeling guilty Nor does shame accommodate the distinguishing feature which is the process of discovering the moral about actions in the past You might say of pmple that they discover their responsibility for deeds in the past but the experience of recognizing responsibility is usually no more overpowering than an impulse to open one s checkbook 39 The strong biblical associations of collective guilt explain both our avoidance and our attrac on to collective guilt 0A avoidance stems from the sense that the concept is simply too primitive for a modem thinker at least su ciently modern to have absorbed the teachings of Ezekiel At the same time the biblical understanding of objective guilt as a stain on the entire people still shapes our intuitions and leads when our guard is down to rnaking whole judgments about entire nations and their guilt for horrendous crimes In our uctuations to and fro about collective guilt we remain oblivious to one important facet of the concept that serves to maintain the conditions for a cohesive society Toquot gasp this point let us return to the story of Andras Sajo who S a seminar about his article conceded that he had a personal motive for wanting to attribute collective shame in fact collec ve guilt to the Hungarian nation in which he lived2 5t He is both Hungarian and an assimilated secular Jew He would l te to see his offspring merge into the Hungarian majority Yet if the dominant society rejects its responsibility and its guilt his total assimilation into the Hungarian nation could easily seem to him like a betrayal of his Jewish roots To understand Sajd s situation we need only ask what it would be like to live as African Americans in the United States if the dominant white political class felt no guilt no unease whatever about having used guns and chains to bring their ancestors to American soil Suppose the whites expressed the attitude You are now the past is irrelevant I should 243 This point is admittedly mnlroversial I am indebted to Herbert Morris for making the claim that shame 1lquot conduct for which one feels no shame is parallel to being guilty but not feeling guilt But shatnefulness is an atuibute of the conduct not a description of a state of being Whether this is a critical point remains subject to debate 244 Sajzo supra not 223 245 The seminar took place at the Cardozo Law School in February 2001 122 2002 Collective Guilt 1569 think that this mass amnesia of the dominant culture toward the crimes of the past would be unbearable both to blacks and whites The recognition of guilt provides a bridge for the victims and those who identify with the victims to enter into normal social relations The recognition of collective guilt then bears important social associations Even if the guilty are not punished they put themselves in a morally subordinate position that enables the fonner victims to regain lost dignity We see this in the practice of punishing Holocaust denial the crime the Germans call the lie about Auschwitz quot5 At first blush it is hard to understand why anyone should object to writers denying that Jews were systematically murdered Why is it insulting and demeaning for Jews to be told in an extreme version of denial You are just like everybody else No one wants to hurt you now and nobody wanted to kill you thenquot Presumably it would not be a crime for someone to deny that the Exodus from Egypt ever occurred or that the Patriarch Abraham ever lived These facts are more central to Jewish identity than the death camps of the Third Reich And yet Holocaust denial but not the denial of the Exodus is punished as a crime in many jurisdictions The only way I can make sense of the criminal prohibition in force in most European countries is to think of Holocaust denial as a way of saying that no one could possibly be guilty or personally be touched by these crimes of the past Why should anyone feel guilty about something that never happened Would it be enough to have a truth commission that articulated a public truth about the crimes of the past I am not sure It is important that the dominant group in fact recognize its moral burden They must not only speak the truth but make a symbolic how an act of self deprecation in order to acknowledge the relative dignity of those who once suffered And would a sense of collective responsibility accomplish the same end Curiously if young Americans said today We feel responsible for 246 130 StGB providing in part that it is a crime punishable by up to three years in prison to act in a way likely to disturb the public order by cursing heaping contempt upon or defaming a segment of the population and thus attacking its dignity This provision is interpreted to penalize Holocaust denial STRAPGESETZBUCH KOMMENTAR CRIMINAL CODE COMMENTARY I30 at I 103 nl Theodor Denclmer et al eds 25th ed I997 Holocaust denial is also subject to prosecution as a criminal insult according to 135 StGB For a review of the German case law see Eric Stein History Against Free Speech The New German Against Auschwitz quot and Other Lr39esquot 85 MICH L REV 277 1986 247 Provisions parallel to sections I30 and 185 of the Gennan Criminal Code explained supra note 246 are found in many European codes Eg KK arts 256257 Pol UK RF arts 129130 Russ Canadian jurisprudence is well known for its willingness to punish Holocaust denial See The Queen v Keegsua 1990 3 SCR 697 Can upholding a criminal hate speech law On the German and Canadian practices and speci cally on the question whether the fact of the Holocaust must be proved in litigation enforcing these and similar provisions see Lawrence Douglas Wartime Lies Securing the Holocaust in law and Iiterantre 7 YALE JI amp HUMAN 367 I995 123 2002 Collective Guilt 1571 It is not surprising that every society has its characteristic ways of expressing its guilt for the past For Americans the reform of language is an ongoing project For Continental Europeans it is 0 to maintain public uuths about genocide For South Africans it is enough to hear the stories and confessions of past oppression For the Japanese the renunciation of war serves as a constant reminder The common element is a recognition that cultural continuity and the ourishing of the nation require the use of memory to institutionalize our guilt as well as our cultural tritunphs The kind of collective guilt that is sigtaled in these ways is associative and nonuansitive It inheres in the nation but it tells us nothing about 39l6 guilt of any particular person alive today We remember and recognize our continuity with those in the past who for one reason or another routinely said and did things that we would today regard as unthinkable In a peculiar way we feel even more aware of these past crimes and more guilty for their occurrence that we would expect of people at the time After all they were insulated z the PU by their historical circumstances I cannot blame Thomas Jefferson for keeping slaves and yet today it would be an unspeakable crime Those who act enmeshed in a particular culture are less able to exercise their secondorder powers of selfcorrection but with the bene t of hindsight we all have re ned judgments about the sins of the past Our only problem is that we do not yet have hindsight about our current excesses of judging others who adhere to the nowstigmatized attitudes of the past Nor do we fully realize now whether our ghting wars abroad or neglecting poverty at home will be judged by future generations to be a basis for their collective guilt Collective guilt is in fact on the ascendancy We tend to feel increasingly touched and connected to the misfortunes that befall others We feel guilty about polluting the environment if we throw a bottle on the street We feel cont u39 ated by wearing tennis shoes made by child labor on the other side of the world We feel metaphysical guilt as Jaspers would say that people are starving or dying of AJDS somewhere in the world The danger of course is the illusion of omnipotence We want to matter so much to the events of the world that we asstune guilt where in fact the events me far beyond our control Our capacity for feeling guilt underscores our humanity rather than our allegiance to a particular nation for only human beings feel guilt Animals may fear punishment and may experience shame but they do not conceptualize their fears and anxieties as a failing of the self Our capacity for guilt then distinguishes us as a species and reminds us of the uniuersalityl of the human condition 39lfhe very fact of C as we now understand it serves the liberal view of the word a vision of individuals 125 l53972 The Yale Law Journal Vol ill 1499 standing apart from their nations each responsible solely for his or her own crimes Of all the problems I have raised in this Article the two excesses of Romantic thinking remain with us as a constant challenge to the liberal mind How do we confront mid refute the cultural attachment to the transmissiron of guilt by birth and the argument that authentic actors 0 never Pj guilty In the end I nd a claim of associative nontransitive guilt acceptable because this mode of transmitting guilt over time leaves open the question whether particular individuals are to be stigmatized Yet the cultural grid that supports transmission by birth remains with us and poses a recurrent challenge to liberal thought 39 e i Of equal and perhaps greater difficulty is the problem of ideological criminals a phenomenon that with religious fanaticism on the rise seems to be all too common There is no doubt that those who kill because they believe it is their religious duty to do so are still murderers and deserve to be punished But it remains too difficult to explain their punishment to ourselves when the offenders are impervious to our rmsons We do not communicate condemnation when they are rmly convinced that they did the right thing The challenge is to find the proper middle way that mitigates punishment on the basis of society39s denying offenders their secondatorder capacity for sell criticism and yet stops short of excusing offenders because they sincere in their actions I II Sit Does this mean that the Romantics and others who advocate expansionist methodology have won the argument Only in part The stronger the case for collective guilt the more the liberal spirit of individualism will rebel to protect the sanctity of individual autonomy and the importance of individual responsibility We must remain on guard against the distortions represented by the doctrine of transmitting guilt by 3 and of relying on criteria of sincerity to deny the guilt of those who commit great evil for ideological reasons And all the theories and arguments about the past come to a halt when we come face toface with a concrete human being This is nue both for the Romantic as well as for the liberal When confronted with a member of a that supposedly P guilt for its collective evil I can p X only another person like myself someone who like Shylock may be burdened with a mythology of collective guilt but who bleeds and laughs like me If this person is to be charged with guilt we should want to know above all What did he do We cmmot judge 0UH on the hasis of identity or party affiliation or religious beliefs His group may be guilty of horrendous crimes But the liberal form 126 2002 Collective Guilt 1573 of the law is vilmdzicasted Tlmerc is no substitute at least in court for honoring the Ll lLqlJEI39l6SlS of every indlividu 127 s1oN OF Pgs 3 115 0 0 0 0 Winsto 0 0 FRIEDRICH DUERREWNMATT AIfrcd 1 Knagf New York 1960 139 quot PE Are real st01quot139eS still 39 possible stories for writers I the writer does not want to tell about himxeil romanticize poeticize tmiversaiize his ego if he feel no inclination to talk about his hopes and failures no matter how truthfuiiy or of the ways he sleeps with women as though truthfulness would transport ail these TRIFS marm395 mm the realm of unwersaliry izmead of and this is far rrwre mp m happen Ema the c39quoti rcaIm of nucdicfnc or pJ39choagy39 if he daeLrg want this but prefab to be discreetly scie ac ing to decently keep permnal mcm ers39 to isirnscff to lL390Fk the nmteria before him like a screlpmr his sro ne Jhapmg and de veloping it and hopaquotng thereby to gain Jcmrething of the clmsfci s fac ulty of not Iallirlg I00 readily mm dcspair or aN that he can scarcely close his eye to the sitecr idiocy that crop sq wherever he may ooL i mi is fm c4ndcm39or39 than 1vrm39ng become a far more a39r39cuh39 mm orIey as wg as a mm mense Iess occupation A good grade in Nrcrary lw39mry does no interest him haw many have not al rcady received good grades What batches ime not received their prizes Lear NJ my mlmt he t akes this view that the dc m b39ld5 of rim du arm nmrwe importum to Imrm Han u39m5eU But here 00 he nds uquotmre139 in a di Ia I T R A P S 39 Icmma and his ware are at a disadvamagc in the market place Life o ers plenty of sheer en cArraI39nnnen39 the nrowhr quotThe evening earl wAitio4n Of the daiiy mmnirpaper its ight of imaginmi on But an ail but the Eheapen here a modicum of depth is dernanded seUrwelatian goa39 aid t39r1 reEr4oAWenass muerxe is a caN for higher values for moral prfncfpfes nselul matings sorne rhing has to be iscardcd or supported now Chrim39ar1ity now popular m39Ii39h39rm In a ward is m 39tcmVreVd is Lmr mrcA 9 W mpVp0Je ma mriaor more and more uztbborrnly refuses to pro duce MS 50 of thing Suppose he is well aware that the faxundarion of M 1m39rr39H39ag Ne nfrMn m39m self in his milk or doubIr4 in Iii conscfomfn em or zxttcorircioumess the p ropartfon of each vary ing from case to case but suppose aim that he Icrls nVaaAr rrrangfy ht mm of NM reaNi comA cam the public that it str ices if in what he writes shapes farms he presents the surface intitirigiy TtRAPS39 and nothing ttmre that lie warksmvay at the sur face and nlawlrlere else for the ipresentt keegfiitg hi mouth slmt neither commenting nor 50llnEltlltg of Having reacllzelltlitis cancluslont he will fal ter hesitate becanze utterly perplexed H at is al most bound ta The mspt39cion rise that there is nothing more to tell abdication is seriously vveighed perlmps is still possible to turn a few graceful sentetzcest but atthtenviste the only rc cottrse seeims to be a swittch to biology in orlder to grapple intellectually at least lrvith the explosion of lmmanity the advancing billions the inces santly fertile wonl9s39 or to physics or aattiratrtattny in order to render to oneself an orderly accottnt ing of the sca otlding in wliich we are suspended All the rest is for the rzwgazines for Life Match Quick and Si und E1 the president in an oxyge39n tent Uncle Bulganiin in his garden the printcms with heir dashing Air Force captain lm stars mad dollar faccs itxtcrchangaable already out of farl1 T RA A P S 39 ion almoxr as soon as they are spoken 0 Along side Mar everyanc39seyer39d4ay Hie fr my cm Wes Eurapean Swiss be more precise bad weather and boom times care and anxien39e dgep permnVaI hack3 but all without any connec tion w h rhe unitarse with me course of events and the d 5 cocrse of nomenm with the unwind ing 0 n ecAes39sm39es39 Desriny has ed the ymge me play goes on aniy to SNOW the chAam for lurking in the wmgs 0mrideV the realrn of a valid dram amrgyA39 in the foregrvourzd iNne5539e c4r1393er all Iihfngs have become accidents Evgeri war has come to be dependent upon whether ceclrquotam c brains predict that it MN pay 00 But we Izappen to know that gi vAer4 all the jacmrs no such iquot 5quotM can ever be re gis39rerVed amm39ng that the com purer function the matluemarics of the n39mau390r1 can only add up tb defeats But was berid us if vresxdrs Vshotald be falsi ed if mere is Efifcft ram pering wim the mecham39c39aI braimi Yet exam this 0 T R A P S tam appalling titan the p05s39ibHt ty that a 39s39Cquott39 II39 shcmlct toarcn a tape go awtry ta rcirty respmtd iquot39iquot i i rUtlglP 39t the l390r tI00ttIcd by 2 rImrtcircm39t39quotb39j II tbrolcm SIISUCII 39H e are no longer UlrEquottlt39 39I139 39 by Grid by justtc l by late as in the F ifth Sym pltony but by mi mittamob e accirtettt E dam break as the remit 0 fmtlty camtmwctiott the ex plmiart of an rttmttic plant tltrottgh the error of mm absettttatmed labatratotry tctcmwicinrr a wmrtg setting an an fztcttbator tum i39I39quotIvE world at breakdmwur Inf follow our road bordereri by st39gnboarttg ath39 rf titlg Smdcbtllfr Rrt y StoM ice cream and th tombstone 0 acfidtent 1ic39timr but alng uvitascjtttsty edge ww may also find a cur Vpossfble tor f with humanity tvfsibte in a 39HIlH l0 pquot 39C Ittce with hart tuck haphazardty acqttirtftng ta utIittIer1quotm 1t39aH ft39t wt39th jmtice amt tIte quotud39t39ciry pr0 39es39s39 d t39plc2ycd and perhaps ever with grace ttttatntiIEstt ttg 5l39Jquot U cattgitt Iocttsed amt ni ected by the mOn0C 39 of a rlrunkcn tncm An accident to ll1ough 1 minor one 1 simple breakdown Al fredo 139rm4ps to m cn1iun his n mmei c0nncc led with the lexliic industry Ior ly ve years of age still far from stout of likable exterior adequate nmn ncrs lwlmugh mcVse somclmw bl clruycd mcclwunicaml T R A P S trninin so that beneath the veneer the pmddlcr 0e quot39i Ys p quot d W i jt ci m cttnat oi cruty sitowcd through this fellow citizen of ours had justJccr1 rIfIr sailing down one of the great highwaysiiilzi th country in his Studebaker and had every reason to believe he wduld reach his home in a fairly large city weithinithc hour when his car gave out Simply would not go Iiclpless the shining red automweibitlc sat at the foot of a1 small hill over which the road iwound In the north at cumulus cioudt had frmcci and in the w est the tstm still stood high shedding an aftcrnoonish lighu Traps smoked a cigarette and than made a phone call The garagcrnan who nnlmly arrived to tow the Studebaker away handed down the verdict that he could not repair the damage befor tthe next morning there was something wrong with the tact iiitmxet W hetjihc 139 M t t it is UZ A t at CD iLfl not be determined nor was it advisable to try to de t cnnine it we tar as timmttghlgy at the mercy of to 39 7 R A F 5 girrmgcmrn as once we were of roblbcr knights and in still ililliiittf times of local gods and demons Too lazy to mkeli1h halfhuur walk to the nearest railroad station and then the rather com plicatcd though slmrl rail trip back home to his wife and four children all boys Traps decided to spend the niglnt wlierc he was it was six o39clock in the evening hot clos 0 the longest day of the year The garage was on the outslzins of a village a pleasant place that straggled away towalrid w39r0oAd cd hills with a limillock in its center on which stood church parsonage and an ageold Gal with iron rings and props everything was solid and clean even the manure heaps in front of the farm houscsi xvcrc carefully layered and neatly squared oilquot There were a small factory too and several Imgclms and cmmIry inns one of whiich Traps had often heard praised But the rooms were all taken there was a ul 11 T R A P x try raisers39 meeting and Traps Ps directed to nielimes wok tram a large private house that we sicnts Traps hesitated IL was still possible to return home by train but on the other hand he men1p1e d the hope of possibie adv eanwre far sometimes there were girls in the villages as in Grosicstringcn recently nwho appreciated a traveler in textiles And so with renewed spir its me I ma lo rd the hasaea Bells elangeed from the clnurchm Cows were making for their various barns mooing The twostory country house stood in a sizable garden its walls a daz zling white at mot green shutters the building half cencealed by shrubs elippe beech and ever greens Toward the street there were owers mainly roses and in the amidst of them an aged little naan wearing a leather aapwn possibly the master of the heusc was prunin and snipping Traps introduced himself and asked fr lodg ings 12 39 T R A P S 39 ltlzetlll I la had conic up to the garden gate smoking 1 cigar Vlml i 15 you do the all d lnmn and was barely higher thanathegigiale itself 391 am in ilcmlilclsiquot The old man exaznined Traps closely peer ing over small irimlcss glasses in the manner of the farsighted quotYes cerminly you can stay here rnigl1l 39 Traps asked the price of the T0111 He was not in the habit of charging the old 8 n rep icd he wwa sz lalllom h is on lmvlnl gl gone to the United Slates he had 1 housekeeper Mlle Simone who look good care of him and he en joyed hmrini a guest now and then The co mmcnial traveler lhamkted him He was touch by this car of hospitality and felt called upon to say that in the country evidently the od2 0lid emu lsl dz not yet iled 0 The garden gate was opened to him Traps looked around Gravel paths l mn J3 T R A F S 39 lare shaded areas interspersed with patches of sunlight When they reached the roses the old man reg marked that ill owns expecting several Lgentlecnten for the evenin With great care he snipped away at a mstebush Friens mm the neigh borhooal were coming he said two of them lived in the village one laerther oil towalrd the hills they were retired like himself attracted here by the mild climate and the absence of fijhn wind all were lonely widowed eager to know about anything new stimulating and lively and so it would be a pleasure to him to invite Herr Traps for dinner and the little stag party that always followed 0 tc oimm eracil tmvtteler was taken aback had intended eating in the village at that well khowo country inn At the same time he could not vezy well turn down the invitation He felt obligated After all he had been offered at night39s lodging gratis He did not want to seem the typi L4 h ills irm A T R A P est p cal iscourteotis urbanite And so he pretended to be dverjoyed His host showed him up to the 5 em h d llcm The ma xumsi plea ssn ml 0 wi t h u n ning water wide bed table c mfortable chair T Ild Hodler painting on the wall Qld leather volumes in the oltakcase Traps opened his lvalise washed shaved patted hirriscll with eau de co logne walked over to the wihdow lit a cigarette A great disk of sun was sliding down toward the itatilng the beeehesl He rim quilclktly we r the ay39s business the order from Roachcr Inc not bad the dil cultics with Wilholz ll1e fel lmv twas asking for E vetelr cent diseotmt but he would really twist his neck for him Then memol ties lo the surface Disordered common places a planned adultery at the Touring Hotel the queslilon ml wihelher he 5 htould buy his you in g est his favorite child a set of electric trains the thoughtlhat he really ought to telephone his ttwiilel and let he know at was d e t aininl g hi 4 I5 T R A P s But he did not lake the trouble It was an old stcznry She was used to it and would not dbelicve llinl anyhow He yawned allowed llimself an lolahcr cigarette Walclning 39il39Olilgl39 i me wlndolvl he saw threlel old gentlemen come marching up the gmvell path two of them arm in arm the third a fat baldheaded old fellow bringing up me rear Greetings handshakes embraces words abut roses Traps moved away from the windaw and ex 1mimd the bookshelves To judge by the titles he was in for a dull evening Hulz endo r lolf title and l hej mm Pellzmlr Sdvigny S yslmn of C mlllemporzary Ranrlcm Law H llei Interrogation Practice The commercial traveler saw the whole situation His host was a jurist perhaps a former lawyer llc prepared himself mentally or an eve ning of boring discourse After all what did these educated blokes know about real life Nolhilng you know how the law is There wins allso the 16 TRlPS39 unpleasant possibility that the talk would turn to art or such matters in which he might mildly make a fool of himself Ohwell if he were not in the thick of the struggle for existence if he were not in business he too would be able to keep up with higher things And so he went downstairs without much en thusiasm The old parties had settled down on the still sunlit veranda while the housekeeper a woman of robust proportions was setting the table in the adjoining dining room Traps was quite jolted when he saw the company more closely It was fortunate that his host gave him a chance to recover by coming forward to greet him The master of the house was now dressed with almost dandyish care his sparse hair care fully brushed but his rock coat was much too big for him He welcomed Traps with a little speech that gave the commercial traveler some cue to his further conduct Traps murmured that 17 TRIFS the pleasure was all on his side playing the part of the ly brusitnresstmrm he bDt quoted Cally amid aloo y and wistfully thought to himself that he ltad only stayed in this village in the hope of picks ing up some girl That twas out of the question throw llc mm in p imsicl f cionttftrontt rt F tree ntmrei old codgcrs not 1 whit less queer than their an cient host Like monstrous crows their blacka Had gures filled the summary veranda witlt its wicltelr chatirs and gay awnings Tlztcir frock coats were of the material as he intrrtcdiatcly noted yet the men looked slovcnly superannuatcd un tidy except for tlte halclrheaded fellow Pilct by name seventyseven years old as his host in formed Traps in the course of the introductions that now began who sat sti ly and prirnly upon an extrentcly uncomlorttablc sitoal even thlaugh there were several easy chairs available Herr Pilet was if anything decked out vith excessive formality had a white carnation in his buttons 48 T R P S hole and constantly stroked his blackdyed bushy IlMSi39 EhlE39vgt a man obviously retired on a pension perhaps a former sexton orfhimneyswccp whom luck llzld raised to prosperity perhaps evcn 1 mil h road engineer By contrast the other two looked all the sioppicr One of them Herr Khummcr cighhtytrmh0 xms even fallehr than ilet simply enonnous he looked as though he were made of greasy sausages He sat in a rocking chair his face blowhsy sporting the swollen E055 of an al cohholih c and jhovial popeyes behind goldrirumcd pincencz He was wearing a ni hlshirt under his black suitprobably because he had forgotten to change it and his pockets leaked newspapers The oer Hen Zorn eightysix and ca daverhous had ainmnocle dumped into his left eye dueling scars on his face a hooked nose 3 snowwhite lion s manch a smmkcn mouLhaall in all an antcdiluvhia phenomcuon with vast but 19 T R P S 39 tuned awry and socks of two different patterns quotA drinkquot the host asked Yes thank youquot Traps replied droppihg into azm ntrmcltmtir in The lanl cadavcrous fcllw eyed him with interest through the monoclle I trust Itlerr Traps will take part in our gamequot he asked Why of course I always like gamesquot The old parties stmilcdi rocking their heads quotOurquot gaznc iapossibly 21 little stranequot l1i l39lost comeslsed cdrwtitolusly Wlmt tN39B do at l hesu39eve nings is to play at our old professionsquot The guests smiled again politely discrcctl Traps xias perplexed How was he to interpret that Well 7 l1 is host mt plincd quotll utsed to be a judge llerr Zorn a prosecuting attorney and Hart Kummer a triad lawyer And xvlc play at holdi g courtquot Ah I seequot Traps said The idea struck him 20 39 7 A P Its not bad Perhaps the eveniirig wasn39t altogether lust nlter all His host regarded tl1e eommerciztl travelerquot snl ernnly in general he explained in 1 gentle voice they did rexrivals of flarnous hl5t 0rlct1l ttriuls the trial of Socrates the trial of Jesus the trial of Joan of Are the trial of Dreyfus Recently they had held the Reiehstag Fire trial and once they had found Frederick the Great non eornpa mantis Traps wars arstonlimed Do you play this every eveningquot The judge nodded But of course he contin ued it vns most fun when tlrey were able to play with living material which frequently resulted in estpecinllty piqnant situnltinnls Qnly the day before yesterday for example they had had up before thern it politician wht haul delivered an election speech in the village and missed the last terrain He had been sentenced to founeen years in the penirtentiary for extertioln and bribery T R A P 3 A tough court you hsimmes herequot Traps de clsured with amusempemep The old men beasmpedas quotA matter of primziplcs with us 39 t Then what part could he play the gamma Traps aske More smiles almost laughter They already had the judge the prosecutor and the defense attorney host pointed out Morecwer thesewere posts that required knowi edge of the subjeel and of the rules of the game Only the post of defendant was unoccupied but he wantcgl tn emphasize once more that Herr Traps um under no obligation to join in the game unless he xvished to It happened that the idea appealed to the com mercial traveler The evening was saved It was not going to be hightoned and boring on the contrary it promised to be jolly For Traps was a simple fellow without any great mental powers 22 E T R A P S or bent for thinking a businsssman clcvcr enough when he had to be out or all he could get in his own line of work but also fgnd of good food and drink with a 1ikin for cru icjvractical jokes He would be glad to play he said and would be lwnorcd to take over the vacant post of defend ant quotBravoquot the prosecutor cawcd czlapping his hands rave there39s a man 5 peaking I call that couragequot The commercial traveler asked curiously what crime vmuld be uMrib4uled to him quotAn altogether minor matterquot the pmsccumr replied polishing his monocl e A c rnc can 1 ways p foundquot All laughed Herr Iiummer rose quotCorns H rr Traps he said almost paternally We mrum to try the part this house has to offer It39s wonderful stu You m us L not miss itquot 23 r R A P S H6 led Tramps mm the cJini4ng room The big round mblc Ahnd been set most as tivcly The chairs were all highbacked there were dark pictures on the walls citrything was solid and oldafnshiongd From the veranda came the chatter Of the old parties the sunset s irlimcrcd through the upn windov39s birds lwiltcrcd out side and on a smn cr mble stood an array of bottles There were more btmcxs mm Mm hearth me Brmaamz in baskets The dcfcnsu auornvcy paurcd carefully with somewhat trcmulous hands from an old braille of port 11 lled two small glasses to the brim and touched glasses with the comfnerciznl traveler but circumspeclly barely pcrn tling Contact between the two glasses with llncir preciaus liquid Traps tasted the wine quot ExcclIcmquot39 he ap prx39cd 0 am your attorney for the defense Herr 24 TRAFstA Trapsquot Meir Kurnmer said Theriefotre let the wto of us drink Ate good fr39iendsil1ip quot quotTo good l39rient7shi p 1 It would be best the lawyer said moving his red face with its aleoiholids nose and pinecnez closer to Traps so that his huge belly a soft unpleasant mass actually touched our friend4it would be best for the genllernan to con de his crime tn him at once If Traps would only do that he eould guarantee to bring him safely through the trial The situation was not dangerous of course but its di iculties should net beiunderestimated as the cadaverous prosecutor was still in full possession of his intellectual p0v39ers he was someone to be feared while the judge their host unfortunately inclined to strictness and possibly even to ped antry These traits hrld tvorsened with quottge the ood man was cighty scven after all In spite of all this he the defense attorney had succeeded T A F 5 in saving most of his clients or at least prcscrving thcn1A from the Aworst Only in one c sc that of a robbery accompanied by homicide had A bgen m1n n blc to rescue his client But it would be his guess that robbgry with homicide was scarcely in Herr Traps s lill e Or was it I 0 Unlortunatcls he had c0mmilt ed no crirne Traps said laughing Your healthquot he said quotBetter confess it to mequot his defense attornpy said encouragiugly There39s no need for you 6 be ashamed I9 know life nothing surprises me any longer Human destinies haw led before me Her139 Traps frightful abysscs have yawncrd be fore m c bcli4c5ve mequot quotSorrjrquot The icommmcrcial trmelcr grinned Really sorry but here I stand a defendant with out a crime Anyway ifs the prosccutor39s busi ness to nd the crime Vhe said so himself so let39s take him at hisiword ga1nc s a gamequot He was 26 39 p I pO P 9 curious to see wlmt would come of it Traps con titiucd Would tl1crc be 1 real interrogation I should think so3939 l39m looking fonvunrd tl0 ltquot The defending lawyer looked grave D you feel yourself to be innocent lcrr Trapsquot l l 2 com tnrlerc it tm xtce 1 la gllm Et ll Al sol u t c l 3 soquot He thought 111 whole affair innncnscly amus ing Th e def msc att0rn ey lcleumd hlzs lplm ncz Mark rny words yottng lrlcnd innocence doesn39t matter onc way or the other l Ictics are what count It is sheer recklclss11css 40 put it milLlly to feign lnnlocence belre our court On the cunt trary the most prudent thing N to accuse oncscll of 1 crime right call good chtiicc for business l39l7lwBlquotl 10 can lmple is l rm lt lnmy l W5 ICU m out in the course of the trial that the defendant is exaggerating that h really 5 not committed l X 1quot R A P 5 any llE t Ll3 l fraud but has only say SjlUPPl39CSSC39Ll 1 law lzlcls as is customary in business The road from guilt to acquliltal is difficult but not irllpos siblc n the other hand it is literally hopeless tn try to niainlain inltlqcczxcc nml llu rrusull dm39ls 111ling You will ldlse where yu could lxinn1ore ovclr the choice yiiu are making forces you into p silllmion wllcrc you can no llonger select your crime ml will have to lmvc it imposed upon youquot I Anlusml the commercial trawler sllruggcd his shoulders Me was sorry he could not oblige he said but he lCOUl lla Ol think of 1 single misdecd that had ever brought him iinto con ict with the law The dlcnsc ampllOf39llC39 replaced his pinccncz He would be having his lroubles with Tnlps ln rcmarlied pcnsivcly it would be l llgll 5lcrldingl quotBut above all he conclued c nsi dm39 ever x39ord you say don39t start blabbilng or you will 23 39 T R A P S suddenly nd yourself condemned to years of penal servitude and nothing to be dne about itquot The rest of the company come in They sat tl own at the rotuncl table tlt emselves tcom tJM lJ39lCl elxehttnged jests First vinlrious entrees were servedt cold cuts dieviled eggs snnils and then turtle soup All were in fine fcttle they spooned away contentedly slurped without res struint quotWell defendant what have you to offer us3939 the prosecutor crooked ne subttntitl mur lCJI39 p hop e 39139he defense attorney protested quotMy client is E defendant without a crime 1 judicial rarity as it were He maintains he is innocentquot quotInnocentquot the pfosectttor exclaimed in ass tonisltmcnt His dueling scars reddcncd and his monoclc slipped from his eye almost falling into his plate andswung back and U1quotll1 at the and of tits black coral 29 T R 4 3 The slumcd liulc judge who was breaking bread into his soup paused cast a reproachful lmik at 391 raps and shook his head gravcly bnldi t Eil39ampF nl party with the white ciaiirnati0n 1ikc39 w39i5c stamdi at him in astonishment The sudden sii thce was frightening Not me click at a mark oar spoon not a hacwily drawn bmsa iii 0 i i5ipp i m g cilquot soup cinuid be heard But L the back at me roam Will Simonc giggled softly he prosccuio riccmrier cid his cum posurc at inst quotWEN have to ionk into thisquot hyci said If an thing can ot be it docs not emitquot quot G o w it Traps laughed quotI aim at your dis posillquot Vs39im was served with the sh 1 light sparkling Nsuclifllci 39 39Wll then the praseculor said as he seciled his trout quotlet us see Married Fquotur eleven yearsquot C39l1ildrcn39quot 30 R A p E p quotFourquot Occupalioniquotquot I am in the textile indiislyquot quotAh than you are 1 salesi hn my dear Herr 39I39mpsquot Sales nianagerquot quotl39 ina And your car brake dom39rI39quot39 quotAs luck would have it First time in 1 yumquot Aha And before that quot011 iin those days I sliH had my old cMiquot Traps explained A 393 Cilr n But nw Iquotve gut in wdcbmkcr red spccriail jn b quot An American car eh Well well Interesting And acquired only recently I take it I supptnsc you were not a sales imanagcr yetquot quotNo I xvas just 1 piuin ordinary traveler in t M iicisiquot i The prsecutor nodded quotBorn times elfquot The defense ullorney um sealed beside Traps quotWa lcl1 your stepquot he whispcrcdi T 0 A P S 39 But the coomomocricinl lravelcr4or rather the soles moaonogcr as we may now call him mo cccdcd wiolhoout 1 Como in the vorld to doclggrbis sotwk mrtrmvs He had his private rccipe3quota 39fEo drops of cmon o dash of cogrmc papr m and sun Roam lmoh jcclorcd happily he ncvci cojoovycd on pleosonlcr meal He had always thought mo meetings of the Utopia Club the best fun a clloow of hgis sort could ever hpo for but this evening was jollicr by far Ahquot the prosecutor observed you are 1 nwember of the Utopia Club then May I ask what nicknmnolllcy give you in the clubquot Casmovaquot quotWonder ful39M39 the prosecutor baxvled joyously as though this i nformation xvere of the greatest importance Ho lucked llu monoclc back into its place quot39We or all delighted to hear it Does this nickname clolitle us rny dear Traps to draw any conclusions about your prints lifequot F 32 39TRAPS quotCarefulquot the defense attorney whispered quotWithin limits my dear sir within limitsquot Traps replied quotIf I do hayeany extramarital ex periences it39s a matter quotof pure chance I don39t make a point of itquot The judge refilled their glasses with Ncuch tcl and tool occasion to ask a question of his own Would Traps have the kindness to give the as isembled company a brief summary of his life As they had decided to sit in judgment upon their dear guest and delightful rniscreant and perhaps to put him behind bars for years it was only right that they should hear some of the more intimate details of his personal life Affairs with women would be much to the point of course and let him not spare the salt and spice Let39s have it let39s lmve itquot the old gentlemen cackled in chorus After all they informed him they had once had a procurer at their table who had favored them with a host of anecdotes of the 33 0 e R P P S39 39 mut scnsationt kind concerning his busincsst Even so they had sentenced him to only four years at hard inbor o Now now vh 0Ix quot Traps joined lfi mtltciwf liltlghl r j l1ajggn t anything so colrful to tutTcr i lead a very ogjinary life gentlcmetn t life no L ET Cl39tHl mttt anyone ctsc39s I many just as 39t trquot m Bttttmns upquot quotB0lttmts upquot The sales mmagcr raised lli gli39lS39i With the utmost cordialityi he met the birdlike eyes of the Your Old men who gazed at him as if he were 1 particularly juicy morscl Then they touched glasses V Outside the sun had set ps last and the infernal din of thc hirtls html tttso t539U bStill Ed But the mun H 39SiLI E xvas still bathed in tth1ylitgltt tl05 ct hy wtctt c the red roofs of the village sct among tnts EH1 thcr off the wooded hills and in the distance the mountzlins with laciers still catching rays of w R A P S stlnlight an atrnosphere of sweet peace and rustic silence a n of elilCil d lull nee blessli n and csmic harnmny p lle Mild bulTeled his vsajr l rougll El hard youtrh Traps began while Mlle Simone changed their bowl of plates and placed a huge stenminr creamed mlusllmorns on the lele llis ether lrmd been 3 fncm worker a prolemrizln led astray by men IEIISE zlocrlrines of rilu eml Elngels an em hillcrcd joyless man whn had never paid any attention P his only child His mother had been 1 wnsherwon1m1 and had come in an early end I never went farmer than grade schol no far M l 1 e r ill a n gr a d e heal quot he we r red rl lee rs in ins eyes trn between bitterness and deep scntirnen mlily over his own mengcrr ll They raised their glasses and toasted one an other in Reserve des hllzur elaznuxg u ri I ll lrmeeu er id u rims No arlher than grade school You certainly have 39 T 4 P S workcd your way up in the world h1x39c139t youquot k should think I havequot Traps boasted hczttcd by the Mtr clmut inspired also by the j0Ui 1l1 sociability of tho otccastion and the stottcmnt Uk nttlty of tho ctotuntrytstide htsidc the tvindowst I tsltould thittk I haven Onljt lean years ago I was nothing but a peddlcr going from house to hcmse with it little suitcasc full of odds and ends I lnrd work it wits tratmtping the roads spending the night in haylofts and lowclass inns I started at the bot tom in my trade at the very bottom And now gcntlctmn you ought to see my bank occottnt I tJUtW l wtnt to brtng butt Jones any one of you own at Stu dtob tnkm39quot quotTry to be cotttiousquot Wt dcfctnso attorney tohispct39ed anxiously Arid what was his position now the prosecutor inquired Agzlin the dofonsc attorney x391rn l Ttrnps to watch his step and not talk so ntuch 36 39TRAPS39 quotNow now I39m the sole agent for llephaeston on the Continent Traps announced looking around him with an air of triun1pl1 Except for Spain and the Balkans sorneone else has that territoryquot The little judge heaped mushrooms on his plate quotI am familiar with the name Hephaestusquot he said chuckling A Greek god he was and a great and subtle smith who trapped the goddess of love and her lover the god of war in a net forged so fine as to be invisible The other gods laughed till their sides ached to see the queer fish he had caught But what Ilephaeston may be of which our friend has the honor to be sole agent is a mystery wrapped in seven veils to mequot Traps guffawed quotYou39re on the right track my dear host and judge You said the key word yourself veils So there was this Greek god I never heard of him before this momentwho wove a line invisible net Well you gentlemen 37 T R A 0 J 5 quot of the court Imvc no doubt heard of nylon pcrlon myrlon and the other synthetics X cl lhcrc 8 nlsn lcplmcsmn the grhemhcst synthetic of lI1cm all Trzmspmcm tough as steel Cq l fquotfllscrlllh in imluslry and in l39asl1ion in wartime and peacea thnc The pertct material fur pargachuhtcs aiid 11 the smile time the most h cclnblc stu for hIudics39 xli ghighowns as I know rom rsthnnd cxe pcriemcquot ll1r hear the old men tackled 9 ex pcrinhcc wl11l do you knovquot Mlle hShimmnc xM5kcdh muha the plmhcsh aiguin nndh brought in 1 roast loin ofh veal V0 regular banquetquot the sales nxanagcr ex 3Min cd with dxrlighl 4 mn picascdwo sac that you appreciate stmch chlic1cicsquot the proscctltor said quotAnd right you are Our Tomi oi the nst7 and we enjoy quan tity as well as qtlalily A manta lhzrt wouid hizw2 done lmnor to the last century when people still 3 8 I R A lc S V l1ad the courage to eat l1e1rly Let us praise Mndcnioiscllc Simone Let us praise our hnst too the iillic shrimpwis a gourmet of the first water and does all the slio nwing hims eif And as for Iiim wines they are priovidcd by our friend Pilct Vpropriclnr of the Bull and Stirrup in the next ivilingc All priaisc to him too But noxv Ict us see how things stand will you own virtuoso of the business world We iznoxv soziiclhing of your life now it was pleasure In be lcl into some i its sicicriclsi and w39n nrcn new fully briefed as to the nulllrc of ymur occzipuliun 39l39l1cru is uni one minor point llmt has not yet been icirri cd Immi in ynur professional life did you arrive at so lu cralivc ia positioni sneer discipliine and un ngging cHu139tiquot quotBe cnrciiuHquot the dzicnisc numney whiispcrcd Tli1is is the damgcr pointquot It had not by any nmnns been cas Tramps rm plied txatchinggrcedily as the judge began to 39 T R A P S 39 carve the roast First of all he had had ta underl cut Gym and that had been a tough proposi tion I quotAh indeed And who may Herr Gygax lac3 quotl ly former bossquot quotHe had to be supplanted you meanquot rid of l o give it to you straiglnl from the shoulder the way we do in my linequot Traps re plicd He Iadled gravy onto his meat You gens Ilumm vvm39lA mind if I speak frzulkly It39s alog cal dug in business you know an eye of an 5 and 339 tooth for a tooth If you try to handle people with gIowsV you gel kickcd in the guts for wur pains I39m r a7 ing in me dough nowadays but I smv c like lam cleplmms for it do our hun dred miles day in my ASluAdAebakcr4 I mils ad mit I ulidn39m exnVcMy play fui r when it came to culling 0111 Gygazfs Lhrum but 1 had to gel cm help Em Dusimrss is bus incs5 zmer alwlwquot The prosecm0r lnkcd up from his veal with a 40 R X AP k 39 gleam in his eye quotGet rid of cut old Gygazfs tl1roat those are pretty strong expressions my dear Tmpsquot The sales manager laugEci 391 mean them only as figures of speech of coursequot quotAnd how is Herr Gygax these daysquot quotHe39s demd ditd l1sl yearquot quotAre you crazyquot Traps39s lawyer whispered to him You xe gone clean out of your nmindlquot quotquotLasl yIrquot the prosecutor Icp tud sywmnymw tl relicalVy quotWhat 1 pity How old wsls the mm39quot39 quotFi1fIyauxoquot quotSo very yung And xvhal did e die ofquot quotSome disease or other After you hid taken his jobquot Shortly beforequot quotFi m For the present mm is all I need to kr1mvquot the pmsccumr said quotWhat luck xa391u luck we are hawing tonight Wcwe turned up a corpse and that is the main thing after allquot i 41 fr R A7 P 5 They all l1ugl1cd Even bald Pilct who was rcvLrcnIly pcdaimliiczilly dcvoliing hinisclf to his calling refusing to be distracted frontl l1is piqgg occupation of devouring cnrmous quantities 0 food l ICd up quotFirmquot he said stroking his black nmslachc He said no more and returned to his plate The prosecutor sioicmnly raised his giaisis quot3EN39 39EquotInC F he idcclarcd 39in honor of this newi est laieice at data let us imbibe the PichonLonggum ville 1933 A good Bordeaux to go with a good guncquot They clinlicd glasses once more and drank 10 one another Uhm Traps emptied his glass at one draft and held it out to the jude for re lling By God that hits the spotquot Twilight had vgimllli rl and the faces of the nmnv M the table couldi scarcely be distinguished in the 42 T R A P s dusk In the sky outside the window the rst shimmer of stars could be seen The housekeeper applied a match to the candles in the three silver candelabra on the table and V shadows of the assembled company danced on the walls like the wondrous chalice of some fantastic ower A cosy intimacy a warmth and fondness of each for all spread through the company accompanied by a relaxation of manners and a greaterinformality quotLike a fairy talequot Traps exclaimed The defense attorney raised his napkin to wipe the sweat from his brow quotYou are the fairy tale my dear Trapsquot he said quotI have never yet met a defendant who made such reckless statements with greater assurancequot Traps laughed quotDon39t worry about a thing my friendquot he said Wait till the interrogation begins I won39t lose my head I assure youquot This remark was followed by a deathly silence 43 T R A P s sncll as had fallen once bcfolrc All noise of chew ing of sniacking lips of sipping wine ccnscd nbmptly r You unfortunate wrctch39i39 the lawyer jgraancd What do you mean by wait till the interrogation bcgirisl quotOhquot Traps said heaping salad on his plate has it begun alreadyquot T11 old men grinncid looked slyly down zit their plates nnLlnlt Inst burst into blunts of glee The silent equablc baldheaded man sniggcrcd quotHe tliLln39t catclt hunt he didn39t catch on Astonisl1cd Traps paused in his calling Fm 1 moment the roguish rnerriment of these digni ed old men struck him as sinister But the im pression quickly passed and he joined in their laughter I beg your pardon gentlemenquot he said I thought of the interrogation as being more sol T 44 P 0 M emn digni ed and formal more like a regular courhquot in 9 My dear Trapsquot thg jude explained quotthe cxprc5si0 n on 390Vuf face is Eri cicsk I see that our way of halding court Vstrikcs you as pcculiim and much too gay ut my dear fellow the four of us here at this mblc are in relircment which means that we are free from the nccidlcss red tape of forms and slcnogmphic minute and documcnts and statute books which the burden of our or dinary courts Ne dispense justice without re gard for wareighly mes zmd Article This and Article Thatquot quot Cm1rageou5quot Traps replied his tngue al ready bcginnin to labor over wmds quotcowragc ous Gen39lernen I39m impressed A court of law with out the IawbooVks lh crc39s 11 smart idea for 9 The defense attorney swayed heavily to his 45 39TRAPS39 face I lie was with t 0 tctatrcih pC bretath of S D r h e announced Before they began on the fowl and the rest it was time for a short stroll and nciga rcttc E ould llcrr Traps care to accontpnhiyhhint They stcppcti down from the vcrancia into 1 warm n1ajestic39night for full darkness had L sccndcd Golda beams of ligltt extended from t he w ih0w s quotL e d in g 3 m as f 1 if h t h e 0 0 beds The sky was bright with stars but there was no moon so that the trces stod out only A2 WI u1 as of d tchsh d in bk mass One corulid hat39 ciy make out the gravel paths down which they each other moved The two men were clutchin arms Both wcttc heavy withwine they staggered and reeled new and again though tthey strove ta xvalk straight They smoked cigarettes which made red dots of light in the darkness quotthank a date A tbma Ga ttrhtt ftt rt xvc re having in therequot he said gesturing toward the illuminated window in which loomed the 45 k 7 1quot CL A F 5 O sturdy silhouette of the housvckccpcr 8M grand grandquot J dear friendquot M defense attorney said swaying and leaning on Trg s to steady himscif quotbefore we return and amack ou capon quotlet rnc say 3 word to yu in all seriousness and beg that you lake what I say to heart I like yam yung mam I feel a lender a cction for you and I want to talk to you like a father 0 A are well on the way 10 losing our case right down the linequot quotThat39s too bad Traps rcplicd guiding his lawyer cautiously along the gravel path and around the black p3ramid of 1 shrub They came to a pal divincd rathcr than Emu a stone bcncl1 and sat down Stars gliuercd in me water and coolnus waited into their faces From the village came the sounds of an accorVdim1 singinv and then the melancholy blast of an alpenhorn The Poultry Raisers39 Associmion was celebrating You must pull yourseii 1ogcthcrquot the lawyer 47 39TRAPS39 continued quotThe enemy have already taken vital bastions The death of Gygax there was no need for that fact to have turned up at all if you39l1adn39t let your tongue run away with you the dea tl1 of Gygax is a tremendous threat The situation is so bad that ordinary lawyer would have to throw in the sponge But if I stick to it and ex ploit all opportunitics and above all if you exer cise maximum prudence and selfdiscipline I can still save something from the wreckagequot Traps laughed This was an absolutely first class parlor garne he declared he would make a point of introducing it at the Utopia Club39s next meeting quot Isn39t it thoughquot the lawyer agreed intensely grati ed Brings a man to life again My dear friend I was dying by inches after I retired and was supposed to enjoy my old age here in this village without anything to do without practicing my profession Do you think anything ever hap 48 39 T R A P V pens here Nothing at all except that there is no Iiihtn to give you heeduelues thut s all Wliafs the good of a ne clin11te It s ridiculous if tlile brain has no oeeupatin ll39l1c prosecutor was Practically on his dcathbed our host was thotught to have cancer of the stomach Pilct was suffering from diubetess and I tw39las having all kinds of trou ble with my blood pressure That vms twhat emue of our retirement A dog39s life Now and then we met ut1oumully tulked tnestelgically about our old professions and the successes we had had that was etur sole and rare pleasure Then the prosecutor invented the game The judge pro pU Ilhe house and I placed mye resources at the disposal of the con1pemy alter all I39m a bache lor and when you39ve been 1 lawyer for the upper crust all your life yeru put aside 1 ticlyt little surn my friend You can39t imagine how generous the robber barons can be when their defense attorney has won them an mequittal lmrish I assure you 49 T R A P S And the game has become our fountain of youth Ilormones stomachs gastric juices exerytliing is in balance again Our boredom vanish5do1tr energy youthiulncss elasticity and 39appeiit39cs were totally restored Look at this quot And in spite of hisi ipaunch he performed what Traps in the darkness vaguely recognized as gymnastic exercises quotWe play our game with the judge39s guestsquot the lawyer continued quotThey function as defendantsquot He sat down again quotSometimes we have salesmen sometimes vacationers Two months ago we had the privilege of sentencing a German general to twenty years at hard labor lie was passing through here on a walking tour with his wife Only my skill saved him from the gallowsquot quotMarvelousquot Traps exclaimed quotWhat a show But you must be exaggerating a little when you speak of the gallows After all capital pun ishment has been abolished in Switzerlandquot 50 39 T R A P S Z In the rb icial judicial system yesquot the lawyer corrected him quotbut we arc dispensing our wn private brand of jusliccehcr and we have rein sitmied it It pmciisciy mi risk of the death pen alty that makes our game so mnciliing an so uniquequot quotAnd I suppose yau have an executioner tooquot Traps said laughing H Of coursequot the lawyer declared proudly quotWe certainly do Pilot 39 quot Pilcl quotHa Mml surp riscs you oc5nf l i39IL 39 39 Tm psi swni lowed Md s cvcml times is the proprhlor of the Bull and Stirrup and pro vidcs the wines we liars been drinkingquot The lawyer smirkcd cumplaccnlly quotHe always has run 1 tavern His work for the state was just a side line Almost an honorary o icc In his native Germany he was cnsidcrcd one of the Inost ilalentcd men in his profession He39s been 51 TRIFS with us for twenty years now more or less in re tirement but he still keeps up to date in his craftquot A car passed on the highway and the gam of its headlights irradiated the smoke of their ciga rettes For a second Traps caught a glimpsc of his lawyer a siiapcless ligure in a stained frock coat with a fat smug jovial face Traps shivcred Beads of cold sweat broke out on his brow Pietquot Why what is the matter with you all of 1 sud den my friend I can feel you trembling Don t you feel wellquot quotI don39t knowquot Traps whispered breathing heavily quot1 don t knowquot The image of the bald man leaped into his mind how Pilet had sat at table dumb and un asstttttittg shoveling in his food it was something of an imposition being asked to dine with a fellow like that But then the poor ellow wasn39t to blame for his occupation The warmth of the 52 iTRLAPS sunlmer night and the greater wmmlh of lhe wine tempered Traps momentary outrage inclined him toxvard feelings of lojeren e e of being ebove prejudice After all he vms Jinan wh had seen a good deal a man who knew the world a big wheel in the textile industry not some limomus straitlaced smalbminded prig In fact on sec ond thought the evening xvould have been much we io rer without the executioner far less piqimm altogether What a story this would make when men he saw the boys at the Utopia Club The club might even invite the executioner some day to give a ishort talk to the membership he would surely come in return for a small fee andg expenses Having thus come to ierms with his eznotions Tramps inuglicd heartily Th1t was 1 bombshell Gzwei me quite 1 turn for 1 rninutc The more I hieiar about this game the funnier it gels A con dence for a e0nii denceeiquot the lawyer 53 mg r R A P p said They rose and in arm blinded by the ligm from the windows fumled their way back Ioxsnznrul the Imusc Hoxv did you do mx39ijr if339iili1 G1gay M 39 What makes you think I did away with him39quot39 3911c2 deauiEn1 he But I had h lhin be do H39iii l that The laiwycr stood slilli b13 dear young fri nd39 39 he replied synipatlletically quotI quite unw dcrstand your hgsitzmcy Murder f the ruost pain ful of all criunes to c 0infcss The ri e endnm is 1sh1n1cdE does not want to recognize his act or gets it represses it drives it fron1 his nmmory He becomes louc11y aquotbouI lire past allogetlicr u we hi i39SElf Ii M1 ma gen led gumilt ccii n amd refuses in trust anyone even his friend who is like 1 father to him hisdefcnsc attorney And Hunt of courstt is as WI39Ungi lEZJCi39i as unyllliilg C0lLiii be I si real defense mtrney lavas nfumr dcr he is absolutely in seventh heaven i 1 murder 54 T 0 P S P5 I clon t really begin to enjoy things until I lance 1 s ugh 5 to p mu Le ll ll l P a p 15 l tough prahlcm like an alpiist bcftwrc a good lcn thLISElnl fD0l meant I sp al as Val regular old mountaineer rnyself Give me 1 tough problem and my brain begins to function to hum purr it s a joy to feel how smoolhly it opcmtcs c re z l Y ll 0 pg y mistake Yes your decisive mistake So let39s hztve Four confession old ujfquot l l3ut I don have auyllmllng lo conl essquot the sales nirmagcr asserted The lawyer slurcd in astonishment Ilc gupcd 11 Traps the planes of his shzlllcrcd old furs gm csq Au ly l l illlc l i llunl ill a g ull xv through xs39hicl1 cmnc the clink of glasses and the ancients galcs of mlflh lgluy m buyquot llw ll39lJl lll39lll Ll l39I Jll39lUlillISlll39lllll39l what are you up to n0u39 After all We said do you still insist on these foolish tactics of yours 55 T R lAl P S 39439 Arc you determined to go on lpllaying the inno cent lllwcn39t youl caught on yet You IIIWC to confess whether you want to or not and Elll l l alwnlys is sonlclhing to confess ll1al sl1ouldmquotl3911vc drctwmzd on you by now So let39s get at it my 39il ll Let Have done with all this toyness Give it to me Straight from the slwulldcr how did you kill Gygax In 1 sudden rage wasn39t it In that case we wollld have to be prepared for an nmnslaughlcr indicmcnt I39ll bet the prosecutor is stcerinl that way I just lmvcl o feeling about llmt I know the old lboyquot Traps slwol his heacl My dear devoted dc fcmc mllornyquot hr saigl quotthe p1niu I1r Lu1m of lhis game of lows ilf I may be alloxvcd to give rny opinion though this is the first lirne l39ve pl 1yed il ls the way it gets under yotlr skin and gives you the shivers The ganic lhrc1lcr1s to flip imo lrmlalilyl All of a suddcn you ask yourscll whcllhcr you may not be crimirml alter all 56 39 T R A P S whether you did or didn39t kill old Gygax All your talk has been making my brain reel And so con dence for con dence I am not guilty of the old bastard39s death Really notquot With that they reentered the dining room where the capon had already been brought to the table and a Cltiiteatt Pavie I921 was sparkling in the glasses Traps over owing with humor went over to the grave taciturn bald fellow and pressed his hand The lawyer had explained about his former profession he said and he wanted to state that he personally could imagine no greater pleasure than to have so fine and upstanding a man to dine with He Traps had no prejudices about that sort of tl1ing Lquite the contrary Pilet stroking his dyed mustnlte flushed and then murmured with embarrassment quotDelighted delighted will do my bestquot After this moving exchange of civilities the 57 TRAPS39 capon tasted all the better The recipe was a se cret of Mlle Sim0ne39s the judge announced They smacked their lips ate with their lingers entlolled the masterpiece drank their wine toasted one another39s health and while they regaled them selves the trial took its course The prosecutor a napkin tied under his chin holding the drum stick to his masticating greasesmeared mouth expressed the hope that the company would have a confession served up along with the fowl quotSurely my dearest my most honorable defend antquot he probed quotsurely you poisoned Gygaxquot Noquot Traps laughed quotNothing of the sortquot quotThen shall we say you shot himquot i quotNot that eitherquot quotArranged an automobile accidentquot Everyone laughed except the defense attorney who whispered sharply once more walclt out this is a trapquot quotSorry Friend Prosecutor sorryquot Traps cried 58 39 R F S 39 exulaarantly but Gygax died at a heart attack And it was not even his rsl lle d had one years and lwas supposed to be careful He let on llml he was t as 1 ddle but there was always danger that my excitement would bring it on again I know that for certain 39 Indeed Who told youquot quotHis wifequot For heaven39s sake watch your step the law yer urged in his usual audible whisper The Chateau Pavia 1921 lslulrpasslcd all expec mlions Traps W215 already on his fourth glass and Mlle Simone had placed an lama bottle near him Raising his glass to masll the old gentlemen the manager declared that bclicvc it or not he had nothing to conceal Just to prev this to the court and no mailer how lunonhodoa it seemed he inlcndcd to tell them the tlrullll llmcl whole truth and nothing but the truth despite the fact that his defense attorney luad repeatedly 59 a T R 4 P 3 urged him to U careful The fact was hc d had 1 little romance with Frau lGygnx The old has llnrcl was often away on lrilps after all gncl lmd cruelly neglected the little woman who xvns39a mighty juicy piece And sq he Traps hail un cle l c n to la ololkc Valuer new n n w hen ll lsll long IMG couch in Gygnfs living room and later on as he grew more at home in the Gygax marital bcd Things like that lhnppencd nfm all it was lllc way of the xvorld At lliesc words the old entlcmcn froze for 1 snorncnt in utter astonisl1n1ent But an instant llnlerl lmy 5 lClTEEChEl ll with plllcnsurc lal ltllxlcndctl old Pilet who said so lime tossed his white carna tion into the air crying quotA confession 1 con 139 p 5 ion l A The dcfensc attorney alone did not share Heir glee He pounded his fists despairingly against his temples Such folly such follyquot he cried 60 T R A P 5 His client had lost his mind he protested They Au 5 0m 0 M h be iiieivc h is f 1 biikc i m indignnmiy amid renewed applause firmn the rest of the company Traps took issue xxiilh llii s 1 the contrary he knew exactly what he was saying 11 was simply cring frank There bc gan a long dispute between the lawyer and the prosecutor a stubborn argumcntu half in jest i 1 cm I if siciriious imh Tm P5 mu M h 11 rd ii u ndc r stand It all llingcd on llle word dams and the sales manager did not know what the word meant The discussion grew steadily louder more vies lent and more incomprehensible The judge ina tcnvcncd and likewise became hcatcd Al the smrl Traps had made zm rli39iiort to iisticni ilryi mg to pi Iiigect he r quotthine rubs in me 0 the si pule but his attention soon wandered lie breathed 1 sigh of relief when the housckccpcr served cheese Camembert Brie Emmentaler 61 39 T R A P S Gruy rc Tic te dc Maine Vachcrin Lim burgcr Gorgonzola Turning his attention to tttese comestibics Traps let dang be daut39 but drank it glass to the bald man who alone ub tstaincd from the discussion which seemed to be above his head At last however the iprosecmor tturncd to Traps again his lconine mam in disarray his face flusthedt his left hand toying with the mono cle Herr Trapsquot he asked quotare you still on friendly terms with Frau Gygnx All of thern stared at Imps who had tihlrust a piece of white bread spread with Camembert into his mouth and was chewing happily Before mak ing his reply 11 lack another long swallowi calquot Chateau Pavia A clock was ticking stcmtewhcre and fro the willing thcrc came onto niorc the distant sounds of an accordion and a rnale chorus 11 had kept away from there since Gtygax s death Trays explained Aitcr all he did not i 62 G T R A P S want to be responsible for compromising the repu tntlon of a wicl ow To his amazement his explanation was the signal for another bout of fantastic incompre hensible rnerriment Everyone shou ted with glee ands the prosecutor shouted quotDela malo dolo malo He bellowed verse in Greek and Latin and hurled quotations from Schiller and Goethe al39hiirB the mi get jucl ge blew ornt all to loandtles except one Bloating hissing and growling a wild accompaniment he held hishands behind the ame of this single candle and deftly threw a shadow play llpo n the ewe l l he ctrookqe h is ngeris this way and that to make goats bats devils gob lins while Pilet drummed on the table until the dishes and glasses danced chantingE have at death srenleoee we39ll have one death sentennze The defense attorney alone held aloof from the general uproar He pushed the platter of cheese in front of We quotTale somequot he to rgecl We 3 I R A P 5 may as well eat hearty There39s nothing left for us to doquot Chilean Mar aux was brought in and the dusty boule vinlagle of I914 restored quiet Everyone gazed respecllfully at the iudge as he cuuliously and will great deliberation bcgml re molsing I16 cork employing 1 eurllolus loldlFash ioncd corkscrew that enalble him to draw the cor from the battle as it lay on its side in the little basket quotl hey watched in brezlthlcss sus pense for the cork had to be removed will the least possible damage as it was the only proof of the age of the wine Aller four decades there was little left of the label The cork did not conlc out quite whole and the rlcnmilnder had to be scraped out with delicate carci But enough of the curl was left fur llme dam to be lecgilnle It was handed around the table sniffed admirecl and nally solemnly presented to the sales manager as a n1cmento the judge said of their wonlclerful 7 64 39 T R P S eveninjg The judge now tasted the wine licked his lips and lled the other glasses The rest of the Vconwpany smelled the fine sipped it bufst int cries of ecstasy and pmisc The cheese wjas handed around again and U10 judge requcstcd the pmsccmor to make his little speech and pre sent the quotcase for the prosecutionquot The prosecutor asked for new candles rst to mark lhc solemnity of the occasion The task fore llim called 115 sai for utmost cnccntration for reverenm and even composure Mlle Simone brught the czmdlcs and amid tense silence lit them The snl s manager felt tluat the mmosphere was slightly sinister and a chill ran through him still and all he thought w adventure Not mfor anything in is a fi r stcl 0g lllc world would he have missed it f all the company only uu l1wcr secmcd somewhat disgru ntlcd G d Trapsquot he said quotlet us listen to the prosecutor39s charge You 65 T R p S 39 EV I be st M m nod to to W h 1 t you h mm d on o i t I your careless tongue what a mess you have made with your illsadviscd tactics If the situation was bad before it is catastroplaic tnoiv But P up your courage and W get you out of this prcdic mcnt Only rift lose your head you39ll need all your wits about you to come through with a whole Stm 39quot39 The rnornent had come There was 3 general clearing of throats Someone coughcd Once tmom they toasted one at1othcr And then amid grins and chuckles tin prosecutor began his ad dress quotThe greatest pleasure ofur soireequot he said seated om its aisin g his gt as s t rem oinin p4 crowning achievement is that we hav uncovcrtd a murder so subtly arranged that of course it has bti M i a on canoe the B t tntiont of so in justicequot Startlcd gave way to 1 momentary out 66 T R A P 5 burst of annoyance quotDo you mcm 19 say that I have cortmiucd a n1urdcrquot he spluucdrdd quotNow look herei mm is gding mo far J own lawyer has already taken that craiy idea into J head M and bK But then he rcniernbcred that it was all in the game and began to laugh vildly uncon lrdllably Ah of course what a wonderful joke New he understood it they wantedd in tall him imo beldieving he had comdmditdtcdd cdrime Ter ri c absolutely terri c The prosecutor regarding Traps with a digni ed air wiped his monoclc and replaced it in his eye The defendantquot he said quotdoubts his mm gum A human impulse Wm among us knwds dhinwself who knms his mxvn crdinms and secrat misdeeds However I should like to lay stress upon one thing now before the passions of our game rise once more to high tide It Traps is a dmudrderer as 1 mminmin as I hope iwdimh all my 67 T R A P S 39 llcillll Wt are about to enter ttpoxn an ltolttlquot ml grav est solemnity And rightly so For the discovery of a murder is 1 joyful event an event that nmlzcs QUE hearts beat ltighcart that ccmlronts us with new tasks decisions duties Therefore before all else i wish to c 0ngratt1laltte tr tllcar pritestumptiivc cUlquotquot prit for without a culprit it is scarcely pssible to discover 1murder to make justice prcivail A special health to him then to our friend our modest Allrcdo Traps whom a kindly destiny has bmught into nttr rnistlquot Shouts of joy greeted this speech All rose and dranlc to the sales manager39s health Tears iziihis eyes Traps thanked them and asi sured them that this was the most enjoyable esc tnittg lit lmd ever spent The prosecutor to had tears in his eyes as he stpole a gain mstt ertl0y1blct evcng 0 W noble friend tells us Glorious xsmds gentlemen deeply moving words Let us recall the times 68 TRAPS wtren rm performed mrr gloonry rlutits in the in te rest or the u te tTjh e rt 3 de fr rt H M t 0 y before us not as a friend but as t Inc We had to thrust him assay from us whereas new we can take him 1 DUI hearts To my heart thenquot Quilting his place he threw his arms around Traps and hugged him ternpestuously Prosecutr my dear dear friiertrl the sales rm mmge r st 2 mmtered Defendant my dear dear Trapsquot the prose cuter sobbcd Let us drop these formalities My name is Kurt To your health Alfredoquot To your health Kurtquot They embraced hugged patted each other on the btrrckt drank t each other zm tide of etnwtion ur39astr ed over hem it he It a t att crn P nuiets t he blossonting of a new friendship quotHow cyerything has changedquot the prosecutor rejieed quotWhere onee 2 were harried from case to case from crime to crime from verdict to T R A P 5 verdict ow we have all the leisure in the writ to build our case to discuss refute dispute we can speak and reply gaily and giladly come to appreciate the defendant to love him to feel the warmth of his gyrnpalhy Both sides are united in bonds of biroiherily ilovc And onccT that has come into bciing crime has no weight xicrdicl no sling Let me ihcni express my appreciation for Hie murder which has been commiltedi Prve it Kukn my 0 pmvc itquot Traps threw in once agairfbalhcd in nod humor And rightly so for xv are dealing here with ia beautiful 3 perfect murder Now our dcliightful culprit may imfgginc that Lam using such a term in a spirit of brash cynicism um M from iti rather I musrcharaclcrize his dead as 39beautiful in two respects philosophically and tension of its technical skill Lct me assure yu my damquot Alfredo that our company has long since abandancd the narrow and prejudiced point of 70 39 T A P S 39 View that scans crime as ugly and terrible and jus Mce am the other hand as in thing of beauty If wvvc a re to campus he Lxvof I m i gm 5 3y tha t justice can be the more meri39ibIc But the duality is only np parcm the beauty of crime indispen4 sablre for the beauty of jusmice4 without trim we would ha we rm justice much or the P11 i I sophical siwe Letus mmw mm an apprAccia Hon of the technical bVc auty of the am I believe address for the prosec ution is not intended as P1 that apprcciation is exactly the right war for g T terrifying indictrmtnt that might cr mbarrass and bewilde139 our friend but as an uapprcpiation that will reveal his crime for him help it to wer im piant it in his consciousness For the awless monurncnt of justice an be erected only upon the stainless pedestal of u dcrstandingquot The cighlysixyearold prosccuquotIor paused in exhaustion In spite of his age he had skcn in 1 loud vaicc and with sweeping gestures eating T R A P s and drinking a great deal all the while Now he used the greasy napkin tied around his collar to wipe the sweat from his forehead andldry his wrinkled neck Traps was touched He sat heavily in his chair sluggish from the meal He was satiated but he did not want to be outdone by the four graybeards although he had to admit to himself that he was hard put to match the vast appetite and vaster thirst of these old men He was a hearty eater himself but never in his life had he encountered such avidity as theirs He sat gaping lazily across the table attered by the eflusiveness of the prose cutor and listening as the bell in the church tower solemnly struck twelve and then rumbling in the distance came the nocturnal chorus of the Poultry Growers singing Our life is like a voy age quot quotLike a fairy talequot the sales manager ex claimed again and again quotlike a fairy talequot And 39 T R A P S 39 then quotSo Pm supposed I01 lmvc cornmimzd 1 mur der Me of all people Would you kindly tell me hmv I did itquot Mcanwhila the judge had uncorked another bottle of Ch tcau Margaux 1914 The proscc tor refreshed began again Now what has happenedquot he said I low did I discover that our dear friend could justly boast of a murder And not an ordinary murder Vfnr from it A masterpiece of a murder commimtd without bloodshed without resort to poison guns or anything so crudequot I I3 cleared his throat Traps mouth full of chee se regarded him in fnsqinalion It was in the nature of his profession the prose culor continued to clmrish the assurnpIion tlunt a crime might lurk behind every event back f every person The first indication that friend A redo was one of those favored by destiny singled out for crime lay in the circumstance that the j 73 39 T R A P S comm 1 rEil39 II lmvclller llad driven an old ill r n unly 1 yam lzmgom mml now ml provmlly M the tiller of a bramllnew slplcciallmlodcl Slludclmlllcr quotNow l knmvT39 lm c onlllnucl quotthat we llivc in boom times and 59 that d emi l cmlltl not be mkcln by itself as prillmaffaclc clvildcncrc of arlyllling ll served merely as a clue fccdin the prcmonllloll um we wlem on the verge of a joyous experience 0 the discovery of a murder mat is That our dear friend assumed his supcriu s former posi tion that he had to fare this superior out and i lhat lac supcriorlslilbsequenlly dcpartcd is llfc all these facts wetquot still not proofs were merely elements con rming my premonition lending substance to iL Flea suspicion founded upon 1 logical basis did1ot arise until we learned how it was that this superior departed this lifeFr0m 1 heart attack At this point we had to apply all our skill utllizc all our kcenncss and subtlety put lw and two leather advance discrcclly p u 0 A P S creep up on the truth recognize the cxtmrdinary in the conwmmiplncci ccirtniinly in IiInccrt1fimis outlines in the mist to believe in a murder pre cisely because rnurdcir secrneiil railed out quotLet us cnsider the Eiid 639mE39 at hand Let us slzclch a picture of the dead man We know little about him for xvhat we know we iarc indebted entirely to our dear friend and guest Herr Gygaix was the sales manager for the company produc ing Iiephaeslon a synthetic textile that we will ingly believe possesses all the cxcdllicnt qualities sour dearest Alfredo ascribes tea it Gygax was as man we may deduce who was out for all he could gct wh ruthlessly cxploiiud his subordi nates xxhe 1was adept at closing deals allhugh the rnelhds he used were often more than ques linablcquot quotRight you arequot Traps cried enthusiastically quotThe oil crook you ve got him perfectly quot Wc may further concludequot the prosecunxr 75 39TRAPSquot continued quotthat outwardly he played the part of a vigorous robust man a hardhitting successful businessman bristling with good health able to cope with any situation a man who knew his way around In order to maintain this image Gygax carefully concealed the fact of his severe heart disease here too we are quoting Alfredo We may assume thatlte took the fact of his illness with a kind of de ant fury as though it meant an admission of someikind of failurequot quotWonderfulquot Traps exclaimed It was simply uncanny he would bet that Kurt had known the dead man personally quotBe still be stillquot the defense attorney whis pered sharply quotBut let us complete our portrait of Gygaxquot S the prosecutor continued There is the additional fact that the deceased neglected his wife whom we are to imagine as a mighty juicy piece at l 76 39 T R A P S 39 39Ahquot the prosecutor asked quothow did the old sinner find out Did his juicy little piece of a wife adrnit to Hquot wcVxarcr lmwc Jae harnul mg c cuAIim3939 Traps replied quotShe was scared stiff of the old bIsti rdquot bid Gygax gure it out for himselfquot quotmllim He was too conceited for thatquot g you by any change spring it on him my dcaii friend and on Juanquot Invormmarily Tmps ushed W1y no Kung he said quotWhat kind of guy do you think I am It O ne of his mica cm ibusi fr it ms who told the old crookquot But why wuld he have done Il1aL quot quot1 la wanted to took my goose e was always out to get mequot What types there are in this world the prose C1110 exclaimed But how could this honest soul have known about your a airV Vquot iZquot 7V3939 7 7 8 39 T R A S quotI to himquot Totd It i rn39 quotOh wcll over a glash of wine You know how it isi you lot things slip when you39ve had 1 drop too muchquot quotGrantedquot The prosecutor nodded agreement mt you were just say in b M you kno Gytgax39s business friend to be an enemy of yours In that cost was it not fairly obvious to you that he wouild go to your boss with the storyquot At this point the defense attorney interccdcd He rose to his feet strcmtting pcirspitrntrion the collar of his frock coat soaked through He would ti kc A 1 rise Tras he dtercflo red it h at he need not anssvor this question But Traps disagrccld Why notquot he said There39s no harm in the question After all I didn39t give a damn whether Gygax found out or not The twhy the id bastard 5 always treated me the way he tried to givc me the short end of 7 TRlPS39 the stick every time I really didn39t see any reason to be considerate of ltimquot For a motnent another hush fell over the room a deathly hush Then a deafening tumult broke out shouts Q glee a hurricane of laughter a roar of jubiltttionj The taciturn baldheaded man embraced Traps even kissed him on both checks The judge and the prosecutor danced around the room staggered into the walls shook hands with each other39clambered onto chairs smashed bot tles reeled in a delirium of delight quotA second confessionquot39 the prosecutor bellowed he had scrambled up onto the arm of his chair and was now balancing on it l39trst39on one leg and then the other llurrah for their guest he was playing the game beautifully Iiven the defense attorney was doubled over with laughter It was too rich he exclaimed One could not even be angry with such a delendartt 3939 The case is clear the last link in the chain of 30 T R A P 5 q evidence has been forgcd tho prscculor con tinued rocking u the chair like u weatherbeaten baroque statue quotBehold our noble soul our du1r est Alfredo We see him under the thumb of that stinks of a U and driving his secondhand Citro n about the country Only 3 year ago this was Ho must novcrlhuicss l1ave taken pride in his PSiuiDgtNf39 our friend the other of ow chiklron the son of 21 factory band And rightly so For udmin the war he hood been a more peddler not even that for he was unliccnsod oa tramp going about with illegal textiles a petty blackmaoh okctccr lravcloiong by railroad from1 village pA uvil logo or trudging on foot over dirt rods making his xinary way for miles lhrotmgh dork woods to remote Imus 1 diyly leather pouch slung over lmis shouluduzr or possibly even a basket and a bat tered suitcase in his hand Now he had bemom d himself had found 1 foothold for himself in a good rm was a member of the Liberal Party T R A P X whclrcos his other had been a crazy radical But ll 1 may be pcrmillcld no poetic pl1mso xx39l1o rests upon the bmnrsh lo 39Wl 1lCl l he llasaclillllml when abovgwhils head strclch more branch s hear ing still ngfli fruit Of course he In earning it good living llitling about in his Citroiin lrom place to pllam w cor vasn39t bad but our good Al freclo saw new models bobbing up all around llim roaring lolizard him pulling up alongside llim passing him Prosperity was spreading over the land Why should he not have a piece of itquot Traps bconicd quotThat39s exactly how itll wns Ktorl Exo cllylquot Tllo pro culor warms in hls elemelll noxv rodlxml happy as a child on Christmas morning Tllart was easier ltesolvcd than donequot he continued straddlingquotthc arm of his chair His boss would l not let him risle in the world Spilcfully cmssly openly he exploited him gave him advances only 2 6 i R A P 5 in order to impose new quotas fettercd him hand and foot tied hint down 39 Right you are the sales manager shouted passionately You have no idea gentlemen how that old bastard put the squeeze on mequot And so there was nothing for it but to go out for all you could getquot the prosecutor said quotSurequot Traps agreed The defendant39s interruptions inspired the prosecutor to further heights of eloquence lle stood up on his chair seat waving his wine spottcd napkin like a banner flaunting his vest sprinkled with bits of salad and meat and splashes of tomato sauce quotOur dear friend went at it first on the business level Here too his conduct was not entirely ethical as he himself admits We can fairly wellguess how he went about it He secretly got in touch with his boss39s suppliers ferreted out what information he could promised 83 39 T A P S B better results confused issues talked M111 other 5trrlcsntctn made alliances and routntemlli1nccs But then he hit on another 39ttayquot39 Another 39wayquot Traps asked in surprist The proscgulor nodded A way gentlemen which led from the couch in Gygais ztpartment directly into His n1nr ital bedquot All laughed Traps even harder than the others u he agrced it was 1 ltorwadwn tritk I played on the old crook But when I tltink fback on it the situation was just too tfunrty The fact is I39ve altvajrs fell a little ashamed abdut it up to now N0 Torte likcs to go toe deeply into his own actions and after all nobody twears pcrfcctiy clean linen But when I come up against such understanding friends as you shame sectms nt ttogethcr out df p1r1cct It39s odd but I feel that lyou understan me and Prn beginning to utnderrstand myself as though I39m meeting 1 person v110 harps pcns to be msclf and whom I used to know only 3 T R A P 5 1 in 1 vague sort of away as a sales mnnitgcr with 1 Studebaker attd rt wife ttnd kids somcwltcrctquot quotWe ohrscrve with arlc 1stchrcquot the prosecutor replied warmly cordially that 1 light is dawning on our friend Let us lend him our aid until he secs it all in full luciclity Let US ttracl Llowrt his motives with the merry zeal of rtrchacolcgitsts until we come upon the glory of buried crimes llc c gztrt an mlhlr with Frrtu Ci339g1x How did this CUIHB r1 bout39quot Let us iin11ginc that he saw this juicy little piece one day Perhaps it was late one evening possibly in vitlrtcrr st39 rtrrrmrrLl six 0 rclocl3quot Traps Around seven Kurt boy nrcund scxcnlquot Witlt rtight already sctllccl on the Oil with the street lamps shedding 1 golden glow shop windows and n1cwic theaters all illurninatcd and green artrl 339ellrow twinkling ligltts over the mar quccs It is the hur of cosy intimacy of allure 85 T R A P S 39 and volupluousncss He had driven his Cilro n up the slippery streets to the swanky hrasidcmial quarter when his boss l39iwE 39 quot quotS whnnkyrcsidenii l quarter l hal395quotbX39539 itly itquot Traps inlggjeclcd enhlhusiaslicallyh b ricf a c my on the car seat beside him lled with ofhdersh samples of cllotlu An important dhccision had to niade btit G yax39s big liI1wu4 sine xvas I16 parked in its usma l place at lhccurb Nevertheless he went up the path through the dark gardeh and rang the bell Frau Gygax opcncchl the door hcrsclf Her husband would not be home tonight she said mid her maidhpwaas out Shlie wahs dressed for an ex ning ill lmomc or bel ler yet whns w cm39ing an drcs ing gzown Ncvcrlhc less Traps must come in fur 1 drink she hinvilcd him cordhialhly and so they sat log thcf in the living roomquot Traps was thunderslruck quotHoxv do yru knows all this Kurt my boy You39re a wizardquot 35 r R A P 5 quotPracli ccquot the prosicculor declared quot39 Pcopl39s lives are all rnuclz the same ll vn5 not even a case of seduction on Taps39s part or the wom1n39s it W33 siinply rm opportunity Ilmt calniic his way She was alone and bored had nothing special in mind xvas merely glad of the chance in tall with somconie The house was pleasantly warm and under the owerprimed idrcssiing gown she was wearing nothing but her niglitgown Traps sczilcd beside her saw lner tvlmitc lhwm and the swell of her breasts and as she talked in vitzdictivc di5il lusioned lcnns about her husbmd Ills idea came to Trapls that it was here he mluzst apply his lever age and in fact he had already begun by the lime it occurred to him He soon found out weir thing about Gygax that the slate of his health was sliaky that any disturbance might kill him Traps learned his exact age llegrlied how coarscl and crude he was with his wife and hour com pletely he tk her faillllulness for granlled For 37 i 139 R A P 5 yuvul rwiunLl Iiml ilJ lLli m39errilming irvtmmr nr wCm11n who wants to take vcngcauncc on her husband quotAnd so our friend continued tl1c391I1 1ir for in Law in i whim win I 0 r med no he urrr dmc mined to ruin his boss by any and all nmczms come Wilill r11igI1t And so the monicnt nrriwzd avhcn at inst he held all the cards He had won uur V r W c M pm im r 1 zZ d 0339 gm Pg d b M S N b par M M cur and at 1igl1t he lurid naked in his arms the soft whim body of the m391n s xvife And then he drew his noose tighlg he produced a scandal Deliber u tclyi cam piclurru rigs P 1i I1SL fur rJursih39crsrr Again the inlinimlc twilight hour We find our friend in 1 rcslauurnnt or let us say in one of those lylaiczil uwcrins of H12 OM rqunrlcr wt Nu ciily wmmr xvhm nvcrrhc1Ircdi the mmosphcrc in every u1y cmmnzurmnl with tin spirit nf our cn1lonal dcmt1c racy patriotic solid bull39seye windows awry thing surbsliir1liiii rlhc prices M0 by the way 39139h e bulk prulzrierl0r quot 739 R t y S P z 3939It was the Ratltauskellcr old boyquot Tramps ctcltim c d quotPardan then we must nmkc 1 corrccticm the btilky proprictrcssl sits surlmundcd dx portraits of loyal customer of former years A ncwspaper scllcr drifts through the place and goes out Later along comes a troupe from the 39Sallx1tion Army singing Let the sunshine in Some students arc driltlllain with tltciI39 pl39UlCSSUt39 Traps at it tlubltr two glasses El bottle ol good stuli in from of l1im ll El mg g l he ex tmtsle ri glm ll OW A p post i t 2 h my st low fat drenched in SWCEII collztr open i apo plcctic 3 type as the intended victint sits Gygzufs business hicnd tvondcring what this is all about wlxy Traps has invited hint all of Dc sudden llc listens al tcnti39clly hears front TrIps395 ouirn lips the ndrnission of adultery And then 1 few hours la to r s 3 t in la vi t El bl tr y d Pi 0 ll ur 0n l39lm dd id lorcsccn the fellow rushes coli to the boss con vinced that duty fricndt5hip and decency de 39 1quot R14 P 395 mand that he let the unfortunate deceivedt Inns bamdt know what he has learnedquot The hypocritclquot Traps erie cl He listened will round glistening eyes to the prosecutor descrip tion hahppy to be learning the truth his own pmlutd courageous tmiquc tmthg The prosecutor continued Thus the metal rm mcnt arrixedt the moment so carefully Calculated when Gygax heard the whole story The old crook was still able to drive home Let us picture him lled with rage perspiring profusely as he drives stabing pains in the reion of his hettrt lmnds shaking on the wheel traffic policemen wliistling angrily after him as he ignores signals Then the laborious walk from the garage to the front door collapse perhaps in the hallway as the little woman comes award him the juicy little iecc It does not take long the doctor ad ministers morphine and then it is all over lin ishcd zt brief rattling in the throat and that is 94 39 I R A P Ub 39 all while the wife stands pzb the bed sobbing Traps at home in the bosom of his family lifts the lclcplmnc off the hook OuIwarrl dismay in ncir jubilation the game is uon Hurrah Three months later the Studebakerquot This closing note evoked fresh Agales of laughter Tms who ha been batted lj rorn one amazement to the next llaughhcd along with the rest although with a sligiht EYURB of clmbarmssmenh He scratched his head and gave the prosecutor an iapprccihalive had He was in line sphiritls It had been a won idcirlhlly isuccesishml evening Of course the fact llml lhey imputed la mulrdcr lo hlim upset him snlmeivhnt hand nmdc him a bit pcnslive But he felt this mad as a p lrisanl ohm for it awakened in him ilquotllilil7lgS ml liigher thihgls loll justice clrihliim and punisliment guilt and agmncmcnt and lled hinl wi ill ahmzchic h it all h iDiul 39Lll l ca pacilli The fear which he had not yet lorghmcn than chill which had suxlepl him in the garden and later dur cD R A P 5 ing the hilarity at me mble nexv seenwneid to him utterly unfounded part of the joke it was all 50 Iluman lie was eager to see what wuld follow The company mevedi mm the parlor for EMRIB I39i r elemitasse Staggering guiding the reeling M torncy for the defense Traps entered 1 room erienwimieid with kniekkinaeks and vases There were enormous engravings on line wall views of towns and iliistorienl sujeels the Riitli Oath the victory of the Bernese over the Emperor s troops at the Birliie of Laupen in 1339 me nmassacre of the Swiss Guard The ceiling WIIS slueceed plaster in one corner a grand pian comfortable arm clmirs of huge dimieinsiiinsi ihcir ianlirnaeassars embroidered with pious sentiments quotBlessed be he vl1o walks in the ways of righteousnessquot quotA aclear conscience makes a soft pillow Tlirough the open Wil dOW the highway could be s ensed more than seen magically present a sunken path along which the iheadiliighls of cars came aring q T R A P 5 of his bosom friend the prosecutor was correct ho had really become involved with Frau Gygax only lbecu use 116 Wain to ruin the old bosom N KQ n fact he remembered distinctly how lying in tGygaxi39s bed on top of his wife he had sitamd at the man39s portrait photograph which stood on the night table had looked his fill at that fat un plieltlsoiniti face with its owlalilcc eyes behind Immi rimmed glasses and how 11 kind of premonition had come over him a wild ecstmic dlcligltt M tllo thought that in what he was doing with such enjoyment and ardor he v39as really cutting the throat of his bastard of a boss was coldbloodcdly nishing him o Th icy war alroadgy isolated in the it ch at i rs as Traps explained this reaching out for the coffee stirring it With it they drank tan l cognac Rolli gnac out of big sniftcrs It was time now to propose the sentence the prosecutor amnioumcedl He U sprawled athtvart a 94 T R A P 3 monsltmus reclining chair his rlcgs in their urt nmtched sbcl s cine clzlctctlztccl in gray and black the other grtretert resting over the pJ quotOur friend Alfredo did not act rlolo indirecror and the ensuing death was not accidental He is guilty rfola male of having acted with premeditation is clear from the factls that on the one hand he engineered the revelation and that on the other hand after the superCrook39s death he ceased to visit the juicy little piece in qttcsttlon llclncc P nec ssartily follows tlmt the mill mums only an in strurnelnt for his bltdthirsty plans Lh de lect1bl e rmurcler xvcapon as it were Clearly tllcn lure have a case of murder performed by a psy chlogical technique in such a manner that aside from adlulttery nothing was done contrary to the law to all appearances at any rate Wherefore now that the guise of innocence has vanishul and our dear defendant has been liincl enough to make his coinfession twice otter I have the pleasure as 95 T A S prosecutor to demand that our high court impose the death penalty upon Alfredo Traps as reward a crime that merits admiratinn astnnishmient and respect and may deservedly be considered one of the most extraordinary crimes of our cen turyquot They laughed applaudacl and fell upon the cake that Mlle Sinitona brought in The croxvning glory of the evening they all declared Outside as a special attraction the late ntonn rose a thin crescent The trees rustlcd softly tOtlttcrwisc all was still onl rarely did a car pass on the read now 0ccasinnn39lly there sounded the hesitant uncertain footfalls of some belated l1 0mc Collier The sales tnanagcr cit secure lmppy sltcltcrcd He sat b eside Pilct n a n ovtarstttcld sofa whose antimacassar was embroidered with the words East and wcst hontc is bestquot Pilct still sparing of speech said no more than 96 P C T CC A Pquot F an nccasional Sp1end idVquot uMcre d with 1 heavily 1oiced hissing F Traps pressed close to him with wander affecs tionalc familiarity laid P check against Pilc s admired his phlegmatic elegance Sluggish and peaceful from mi wine he took a voluptuous pleasure in being himself in this understanding company in no longer having a secret because secrecy was n longer necessary in being np precialed cllcrished loved understood The idea that he had tmnimillcd a murder bccrn41c mmc and more ncccpI1llc to him it touclncd him deeply transformed his life madc evcrylluing mare con1plcx more heroic rnore prccziious H was swept by a current 0f eml1usinsm He had planned and executed the 1nurd cr he told hin1 self He had done so in order to rise but not so much to further his career not so much for nuamial reasens for the sake of owning a Stude baker Rather it was in order to become a more 97 T A S wh1t xxas the word a rc1lcr person deeper more ixvorthy hc fumbled for the Umught halving rcacimcdh the limits of his inlheilhlect mor worthy of the respect and affection of educated cultivalled men WIICJ now seemed to him even Pilet like Ihosvc ancient gi w him he imci 0 n CC rwcfazd how in lhc Reader Digest and who had known not only the secrets of the stars but the secrets of jus tice also Jiusiliceallow the word inluxicalcd him in his life as a saiesman of textiles he had emi sioned justice only as abstract pcllifoggcry now it rose like 1 huge inconmrclicnsilc sun over his lirniilcd horizon an idea qniy vngmljf grasped and for 39 i s39Qn nii the march able to send shud ders of awe through him And so sipping his cognac he listened in profound astonishment at first and than with rising outrage in the 391rgmn cmts of his fat attorney for the defense who zealously strcve to fit his crime into the spheres of ordinary life to reduce it to conlmonplncc 98 39 T R A P S 39 He had listened with pleasure to his esteemed opponent39s ingenious oration Herr Kummer be gan lifting his pincenez from the orid swollen shapeless lump of his nose and making his points with short precise geometrical gestures Granted the old crook Gygax was dead Granted his client had smarted under his dominion had worked up a veritable animosity against the man had tried to bring about his downfall No one in his senses would deny this And where one might ask where in the world of business did such things not occur But it was utterly fantastic to repre sent as a murder the death of a businessman with a weak heart But I did murder himquot Traps protested val iantly Unlike the prosecutor Kummer declared he considered the defendant not only innocent but even incapable of guilt 99 T R A P S 39 Enlbiucred insulted Traps inlicrjctlcLl quotBut I am guillly I aquot quotOn the contraryquot the laxvyer cunlinued quotour sales nmnagclr and sole agent for llIcplmeslon is mic example mnonyg mzmyl ln dcclming him in Cni7lp Zlblc ul guilti I do no niman to nsselgrt mu he is an innocent Mel smimlcsls soul Far frmn it Traps has conimlilted all the crimes oil xlvhiclli he is capa ble he has been guillyi of mlulibciry he WIS swinltl lcd his xlway llirougla life he lmxs sli own goodl deal of malignant spite NM that his life has consisted only of adultery and sxvilmlling Not at all not at all For it has lmd in positive slides our friend Alfredo has his 1 irtucs He is harri workzing hardlhcaded loyal to his friands lie is trying to provide well for his children He has sound political views Taken all in all we cannot detect more than an unclhical mint a slight spoil age such as occurs and 1111151 occug in so many average lives But for that very reason on the 10 T R A P 5 5 other hand he is not capable of a culpability that is great and pure and proud he is not capa ble of a resi0Iiu39Ie deed an unequivocal crime He is not a criminal but a victim of the age of our Western civiiizailion which alas has fallcni farther and Lmrlimri away from Faith from Chris tianity from uniiwcrsalis succurnbing more and more to the ruin of chaos so that me indiividual no longer may look up to a guiding star and in place of order and true morality disorder and irnrmrmli ily reign the law of the jungle prevails Now xvhat has in truth l kv place This wcragc rnan of ours this nmn in the 5 l raEquotI has fallen unful warned into the lmnds of a crafty pmsecumr who has probed analyzed diissecliied his purely in stincliw management of his u niirs in the ilcxlih iinidusliryq who has gone muckmking into his 4pcr sonal life and cast the harsh light or publicity upon the mdvvcnluries of 1 main whose existence xxras conipoundcd of business trips the strugigilc for 101 T R x P S 39 livclihuud and more or less innocent p liciaisuiims n prdsecumr whi has tied together unrelated facts tmccd E logical plan upoin the diisorgnnizc whole seized upon incidents that n glit as easily hzwc taken quite anoillmr turn and given them a casual siiini cinncc he has ma imemion where there was only accident has twisted thugilulcssness into P7C lC t liG so that in the end the inter rogation ceuld have no other ouitcoime but to pro ducc a murderer like a rabbit popping out of a nmgicizwfs hmquot Traps That isn39t 50quot quotLet us rcgnird the case of Gygnx with sober objecliviIr willmiut being Inuislcd by the prose ciut or39s limciusp oicus We can only conclude that the old crook had himself to thank for his dcztlil His own irregular life destrycd his cionslilmiin We all knuw only too well the ianmiliiar disease of the managciriial ersanalily 115 causes are rcslivc 1 02 A P S 39 n noisle 3 loveless mnrlrlln gel lraincd nerves As for the ncliual lhcnril almcilc ltlmafiiilmin llmt Tmpls 111emioned is the crucial factor The in uence of the film upon cardiac pnlicnls X well known quot quotRidiculousquot Traps exclaimed quotin short Gygmfs dcallli was unquestionably a i39l 39iEf E accident Of mmisle I must 1dmit that there was a certain rullmlessncss in my rlicnl s lchmiilr but rulhlcssness is obligatory under the normal laws of commercial life as he himself repeatedly stressed Of course he often felta desire to kill his blnss la l39lclr all people willl ithink anything venlgwe anll1ing in ih0llgi39l I bm only in lholughl and that is iprcciscly the point ll is liJSquotUNi lo sumc that this thought was ever c1rricd out in ac tion and even timrc absurd since my client has now been persuaded that he has actually millcid la murdcr The fact is that the breakdown of hiis auloniobile has been l0lllim d by a nermusl 8 r R A P 5 brcakdvwn and therefore as tntwer UP the dc ftnsc I pmposte that M39trcdn Ttmpts 0 6 acquitmd of his charge Vquot i The sales manager was growing mot and ITIOFC indignant as he listened to the wellmcianing fog in which his lovely crime was being shrouded distorted dissolved rcndcrcd unreal and shad Otttfy El product of the state of the atmosphere He felt bctitttml and flared up vitentty atlrnosl as soon as his lawyer complcttcd the defense Rising outraged to his feet Ell pltltc with a rash piece of cake balanced in his right hand his glass of Ro ignac in his left he declared that before sen tence was pronounced he wanted to insist with the utmost rmness that he agreed hole hcartcugtty with the prosccuto s speech Tears fmctd his eyes it lmd been a murder 31 dtetibctrtntc ptrcmcditttatcd murdter he said He utntettrstood that now and had been pmf0untdly dttisnppointcd horri ed in fact by tttc lawyer39s defense H 104 T R A P S 0 had thought llmat V anyone would undcrsmnd him he could count on mm39derslnnding from this friend And so now he demanded the verdict or rathcr the sentence not out of any grcvglinig desire to please but out of pure id39c1Iism for only in the course of this x39ondcrful slight had il dawned on him what it meant to lead a true life to be true to oneself at this point our good honest Traps grew s m1cs39l1at muddled for 0 lhc true life sublimcr ideas of jtlsticc of pun4ishVn1cm ning lhc crime xIere as essential as the chemical elements and compounds that nmde up his synthetic textile to stick to time eld he was at home in This wI39as 11 revelation that had fcsuited in a new birth for him At any ratc he lmpcd 1112 would nmkuz al lowances for the fact thin his vocabulary was rather limited outsidc his own eld so that he found it haird to expressquot vs39hi1l he really rneVant al any rate rebirth seemed to him the proper word fair the 04verwhc1minig and glorious joy that was 15 T 39 T R A P S 39 now sweeping through him like a typhoon turning everything upside down inside him making a new man of him And so there was nothing left but the verdict Amid the howls of screeching laughter and at tempts at yodeling by Pilet the tiny judge by now drunk as 1 lord announced his decision it was a matter of some diiliculty not only because he had clambered onto or rather into the opened grand piano in the corner but also be cause his tongue tripped repeatedly He stumbled over his words twisted and mutilated them started sentences he could not nish continued others whose purport he had already forgotten But the general sense of it could be guessed The question at issue was he declared whether the prosecutor or the attorney for the defense was right whether Traps had committed the most extraordinary crime of the century or was in nocent as a lamb He the judge found himself I06 T R A P 0m p unable to subscribe corripletely I either view As the attorney of the defense maintained Traps had been tricked and trapped a the prosecutor39s exaiainimtiion and consequventiyt ha adrnitt to good many things that had not happened prca cisely in the way described But oh the othupr hand he had c0mn1itted murder though not out of diabolic prcmcditation rather by sharing in the ethical in di crencc of the world in which he functioned as sales managcr for a synthetic tcx tile named Hephacston Ht had killed because it utterly natural for him I drive another man to the wall to prcccd ruthlessly cm what niight In the world Ilirolugh xvhicih he roared at high speed in his Studctakcr there would have been no serious conseqtuiiencest for ttieir dear Alt frcdo but now he had had the kindness to come here to lhani to their quicl lilllc house amng the trees at this point in judge39s exposition be came rather inebulous and he brought out the rest 107 TR APS of his argument to the acicompanimem of j0ylLIl subs inlchrruptcd now and again by a lrc njcndious sneeze of deep emotion his lliule llca disappear ing behiml an cnolmious h1nicllltcrcl1icf while the miners ronired louder and louder with ilmgl1tcr to their quiet whitepainted cozy iliulc home to four old nun who had illumincd his world with the pure radiance of justice wl1icl1 to be sure often bore strange features he knew knew knmv very well that the justice grinning out ol four weatheribeatein faces rellcctcd in the monlocle of 1 whilehaired prosecumr and the pinccncz of an obese attorney for the defense sniggcring out of the loolihless mouth of a drunken jugci who could lbarcly control his tongue and gleaming will a red glow upon the bald pate of an executiioincr elnerilus growing impatient over this lapse into poetry the ollzners howled quotThe verdict the vcrf diclliquot 1his justice was llld cd a grotesque crotchcly pcn5iJ0nc d 0ff justice but as such it was 739 R 4 P s still and nevertheless and in spite of everything j nrn39cc quotThe verdict the verdictquot in whose name he now sentenced their dearest their best their rtoblest klfredo to death The lawyer the prosecutor the executioner and Mlle Simone shouted huzzahs and Traps now sobbing with emotion cried quotThank you dear Judge thank youquot although the sole real judicial basis for this verdict was the condemned man39s own admis sion of guilt But after all was not that the most important factor I therefore take pleasure in delivering a ver dict that the condemned man approves without quali cation Mercy would be incompatible with the dignity of man and our honored friend and guest may now joyfully receive the crowning glory of his murder in circumstances that I may hope he will regard with no less satisfaction than the murder itself The fatality that comes to the 109 as39cragc mono to the man in the street as clrance will have it in the form of ion automobile accident or as a mere impositioni of nature dis ease the obstruction of a blood vessel by on cin biolismi a malignant growth here emerges as the moral an indispensable outcome in our sen tence life is perfected with logical cor1sisleuc39 like a work of art and the human tragedy is rrcvcalcd in all its beauty slnines radiantly is welded imo awless quot Finish nishquot the others shouted quotIndeed I need not hesitate to declare him only the act of judgment which transforms the dc fcrxdont into a condemned man truly confers the accolade of justice There can be nolhing nobler nothing grcalero nothing imorc sublime man the condemnation of a man to death Therefore I now pronounce this sentence Traps who per haps does not cntircrly deserve his luck as strictly speaking H straightforward verdict of premcdi 110 1 T R A P k tatcd homicide is not altogether justi cd but I will not in any xvny cornmutc the stznlcncc or I wm1ld not wish to disappoint our dear friendF in short Alfredo is now one of M5 a peer worthy to taken into our cornpany and rccognihz d as a nhmsler p z1cr of the game quot The others roared him down Brin on the cl1a1mpngn1c1quot The evening had reached its climax The cham pzlghc bubb1cd there was no cloud upon their mcrrimem even the aHorncy for the defense was taken fralcrnally lo mlnchir maria The candles had burned down shonuc had already glimmcred out The first hint of dawn wmrcrcd outside the m1indohwsh the stars xx39erc fading and the air car ried a suggestion of cool dew and dismnl sun rise Traps xizas still soaring with ezzaltatiom but also tired out he asked to be led to his room and stag gered into the arms of each of his friends in mm 111 T R A P 5 All bubbled drunkenly monologues meaningless speeches an cnarrrmus roar of volccsl lled lhc roam for no one isas listening to anyone else Rceking of wine and odorbus of cheese Elle patted the sales manager39s llend caressed liim kissed him Happy exhausted hc subnriltcd to It heir ch rcssbs llk e a ch zild am bun g 1 rah p of grandfanthcrs and uncles Al law I the lhclllu rm bhhl llrwdtl rmm rni illcd 39l39irmps upstairs 1 was 1 loilsomc ascent on all fours lrullwzry up they could go no further and spranvlcd cm the steps arms and legs entangled From 1 windmv above a slony dawn light fell upon the wlrilchcss of the pilaslcr walls From outtsimlc cjmirc the first noises of 1 new day thc distant whistling a ll w m ii man sit 4 liolh DU P sh all M l in vague reminders of a missed opportunity to re turn humc Traps was in seventh l1etcn all his dbsircs snlialcd as they had newier been before in his un 112 0I T R A P 5 elvenilflul life Dim inmgcls Named lhlroulgh his mind the face of a boy probably his youngest who was his fmorite child then mislily the village in which he had landed as the result of his blrllellal clmm39n the bright ribbon E the rm slwlng l ing over a small rise the hillock on whic11 the church sat the great rustling oak with the iron rings and props the wooded hills lhe glowing in lime sky laeylmml ub0x e all amuml But then the bald man collapsed Want to p sleep xs39unl to sleep tired liredquot lac mumzuredi and lorllem39ilIh dozetl all whille Traps emuvlezl on up the sllrs3l The bald nmn remained conlsciuus just long enough to hear a chair fall over For brief seconds the noise m39olltc him out Of his dreams and memories of tlreml duties long gone by Then a tangle of legs passed over the sleeping man as the others climbed the steps Cruking and squcaking the others had spriblbled out a clemh slemlemee on parlchmleem clmlcely wordeld 113 T R A P S lled with witty turns of phrase with archaic language and academic tags in Latin Then they had started up to lay lheproduct of their will upon the bed of th sleeping sales ntanager so tlmt when he awoke he would nd 2 pleasant mcmcntt of their tremendous drinlltingV bout Outside the brightness gretv Birds began cry ing harshlygand impatiently And so they stornutl up the smirts clmnbcritng 0cI39 the bald ltcttad titan in ltis sleep of inntoecntctc Cltthlting one 39 39mDl39h r4 tench stupportirtg the mxt all thtetc slag gcrlng llll llitngi pultlitng zmtl crawling intcrlclt Eng with one anotthtcr on the landing so that l39c ttcm mud a new start w crltet ne cessattjl lhlcy ztrlrllivltrttl at last at the door to the gucstmom The judge opened it mttl than the sultchltn gl W0 ltl tltt pr0sct l cutorl still tuhh the napkin lied mound his nciclr hrze to immobility In the windowt frame hung Traps motionless a dur l1 silhouette against the dull silver of the sky T 114 T R Pp AP g 39 amid the heavy fragrancc4 of roses oating in 1l1mugh the open windmv hung so definitely and so finally that the prosecutor from whose monoclc the gathering morning light was rc cctcd with 1 brighmcss that increased by the second had to gasp for air before in perplexed llclplcssncss and sadness over the loss of his friend he cried grief strickcmi quotAlfredo my good Alfredo For God39s sake what were you thinking of Y ou39vc ruinecl the most wonderful cvcnirlg we39ve ever hadquot
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