Criminals and Mass Men in Pre- Totalitarian Peace Time
Preliminaries 1
In October 2002, John Allen Muhammad and Lee Boyd Malvo went on a shooting spree in the Washington, D.C., area, killing ten people and wounding three others in the space of three weeks.2 A year later, the search for their motive became one of the most central aspects of their trial. Since Malvo was 17 years old at the time of the shootingsandassumedtobeunderhisolderpartner’sinfluence,motivetheoriesfocused largely on Muhammad. They included his “deranged” condition, family trouble, his perceived ostracization as a Muslim after the 9/11 attacks, latent trauma dating back to his military career,3 even the suggestion that he was a “government ‘hit man’ operating under psychological programming.”4 Eventually, Muhammad’s estranged wife weighed in with a twist on Agatha Christie’s The ABC Murders , claiming that Muhammad’s shooting of thirteen people was merely a cover-up “because he was trying to hide his efforts to murder me.”5
One motive not on offer was Muhammad’s and Malvo’s repeated self-description as Muslim jihadists. In fact, investigators, the prosecution and the press did everything they could to avoid linking the events of October 2002 with those of September 2001. In the face of some evidence presented at the trial, this cannot have been easy. A Virginia court eventually found Muhammad guilty of killing “pursuant to the direction or order” of terrorism.6 Nine exhibits at their trial associated the shooting spree with jihadism, including a father-and-son portrait of Muhammad and Malvo with the legend “We will kill them all. Jihad.” The most direct link to the 9/11 attacks (which, according to a statement attributed to Muhammad by a friend, “should have happened a long time ago”) was Exhibit 65–117: a picture of the White House drawn in crosshairs, embellished with the comment “Sep. 11 we will ensure will look like a picnic to you.”7 Barely two years after what is now commonly considered “the deadliest terrorist attacks on American soil in U.S. history,”8 onemighthaveexpectedsuchcolorfulstatementstobeendlessly expounded, scrupulously scrutinized, and comprehensively commented on. Instead, they were barely mentioned. The idea of Muhammad and Malvo as jihadist fighters received no more than sporadic attention, neither at the time of the trial nor in the years to follow, and what little there was tended to be limited to publication
venues whose breadth of distribution or degree of impartiality might be called into question.9 The mainstream press, on the other hand, did not even engage with the theory sufficiently to bother refuting it.
The question “why not?” seems hardly worth asking, or at least not in the biographical sense. Maybe the courts and the press downplayed the jihadist link in an effort to protect America’s Muslim community. Maybe there was no jihadist link and the killers simply tried to endow deeds committed for contemptible motives with a political purpose they perceived as lofty. Or maybe both. The question worth asking is not what motivated two killers in 2002, but why America as a nation, when presented with t wo possible explanations for their crimes—terrorism on the one hand and, on the other, a plethora of contradictory and unconvincing motives—opted for the latter. C ommentators both at the time and later noted that the demotion of Muhammad and Malvo from jihadists to garden-variety American serial killers was greeted with palpable relief, even with a sense that things had returned to “normal.” 10 To be sure, serial killing is an odd signifier of normality, but on the heels of the trauma of 9/11, it seemed an idea whose time had come. Serial killer movies were released at a noticeably accelerated clip in the years immediately following the 9/11 attacks. 11 As Schmid has noted, “the figure of the serial killer plays an even more central role in post–9/11 America than it did before the attacks,” conceivably because “The serial killer provided a way to present the figure of the terrorist to the American public in a way that was [ …] familiar enough to keep public fear and paranoia at manageable levels.” 12 In an America plunged into chaos by terrorism, cinema and the news media attempted to reestablish a semblance of order by focusing on the devil they knew, on an evil that— unlike terrorism—could be defeated. In a world of Us Against Them, Serial Killers ’R Us.
The basic premise of this book is that something very similar was going on in Germany and Austria in the years leading up to both World Wars. These years saw not only an escalation of hate literature directed at Jews (the “Them” of the time), but also an unprecedented increase in the study and depiction of the criminal (by the contemporary “Us,” as I will show in this book). Trial coverage in the press, crime fiction, and criminological studies in the wake of Lombroso’s Criminal Man (1876) and Criminal Woman (1893) increasingly conceptualized the criminal as a human being who could be analyzed, explained, understood, and predicted, even sympathized with. Works in early criminology were split into two camps: those who subscribed to Lombroso’s notions of criminal predisposition or “character” on the one hand, and, on the other, those who attributed criminality to a more complex mix of hereditary and environmental factors. While this debate went on in academic circles, the criminal became a major character in German literature, which offered a hypothesis that criminologists never even considered: that crime is attributable to environmental factors alone. In fact, criminals in literature of the time rank among German culture’s most lovable, sympathetic, and abjectly pitiable characters. Pre–World War I literature gave us the heartbreaking stories of Gerhart Hauptmann’s “Signalman Thiel” (“Bahnwärter Thiel,” 1888) and The Weavers (Die Weber,1892), that of the bank teller in Georg Kaiser’s From Morning to Midnight (Von Morgens bis Mitternachts,1912) and Kafka’s helpless accused or condemned characters in The Trial (Der Prozeß, 1914) and The Penal Colony (In der Strafkolonie, 1914).
Pre–World War II literature depicted both the tragic criminal, like the son in Arnolt Bronnen’s Parricide (Vatermord,1922) or Biberkopf in Alfred Döblin’s Berlin Alexanderplatz (1929), and the criminal as a wit, dunce or schlemiel, for instance Jaroslav Hašek’s Good Soldier Švejk (1923) or the characters in Brecht and Weill’s The Threepenny Opera (Die Dreigroschenoper, 1928). An undisputed darling of the German nation was (and remains) Friedrich Wilhelm Voigt, an East Prussian shoemaker who, with the help of a troupe of gullible soldiers, occupied Köpenick’s city hall in 1906, arrested the mayor, and made off with the money in the city treasury. His miniature coup d’état was much fêted in literature and film, including three films made in 1906 (the year of Voigt’s feat and arrest) and another in 1908 (the year of Voigt’s release from prison), followed by a substantial body of texts and films spanning the entire twentieth century and the beginning of the twenty-first.
This book focuses on writing, fictional and otherwise, about criminals, Jewish and otherwise, in an effort to determine whether reading these texts in the context of each other shows an inverse relationship between the “foreign” (Jewish) and the “familiar” (“German”) criminal. It attempts, in other words, to link two developments that are already—separately—well documented: the more dangerous, contemptible, and incomprehensible Jews appear in antisemitic13 texts, the safer and more understandable (predictable, sympathetic, pitiable, helpless, harmless, tragically misunderstood, “driven” to crime, farcical, or funny) the non–Jewish criminal appears in criminology, fiction, even crime reporting on court cases. Implicitly juxtaposed with Jewish criminals, perceived as the “foreign element” within German and Viennese society, the “ordinary” (non–Jewish) criminal became familiar, the devil one knows. We might read the exceptional attention lavished on understanding the criminal in the years immediately preceding bothWorld Wars as a simultaneous and paradoxical act of both conflict resolution (in this case, crime prevention and the rehabilitation of the criminal) and conflict fabrication. This fabrication can be broken down into four distinct steps: first, the definition of the German “national character” in direct juxtaposition with Jews as the antithesis of Germanness and the “foreign” element within German society; second, the creation of the perception of a conflict between the two groups; third, the presentation, in antisemitic literature, of the “conflict” between Germans and Jews as intractable; and finally a distinct refusal to engage with this intractable conflict and the “foreign” element within society, coupled with a focus on the “homegrown,” familiar, and fixable problem of crime.
Precursors
Among the many who deserve to have their work gratefully acknowledged,14 two historians have written particularly eloquently (and, apparently, concurrently, since both books appeared in the same year) on how the tale of Jewish criminality was spun in times and places relevant to this book. Together, Daniel Vyleta’s Crime, Jews and News: Vienna, 1895–1914 (2007) and Michael Berkowitz’s The Crime of My Very Existence: Nazism and the Myth of Jewish Criminality (2007) provide us with a roadmap tracing the intersection of crime and antisemitism in texts written during the years
before both world wars. Vyleta’s point of departure is the fact that both criminology and antisemitism created narratives of biological difference, and that both did so with the aim of “othering” and excluding, that is: separating the criminal, or the Jew, from “regular” (law-abiding/gentile) society. However, Vyleta’s findings, based on an examination of contemporary criminology and his extensive analysis of press coverage of court trials involving Jewish defendants, complicate the easy parallel between the criminologist’s born criminal and the antisemite’s racially predestined Jewish crook. For one thing, even though Lombroso’s themes “were absolutely central to contemporary antisemitic constructions of the criminal Jew,” rather surprisingly “no clear example of the construction of a specifically Jewish ‘born criminal’ exists in the contemporary criminological literature in any language.” 15 In fifteen years of writing in the two most important criminological journals of the time, 16 Vyleta found only twenty articles on any aspect of “Jewish” crime. Early warners against antisemitic misrepresentations of the theme—which included Lombroso himself—pointed out, often buttressed by impressive statistics, that Jewish criminality was typically lower than that of the overall population, and markedly lower in terms of violent crime. Yet even these well-meaning works established a precedent that would later stand arguers in favor of a racial understanding of crime in good stead: suddenly “it made sense to contemporary commentators to break down criminal patterns according to racial allegiance, and specifically in terms of Jews versus non–Jews.” 17
While Vyleta’s findings document a general reluctance among criminologists to treat Jewish criminality as a function of “race,” 18 press coverage of Jews on trial was similarly inclined. Even where it portrayed crimes committed by individual Jews as implicating “Jewry,” it was far likelier to invoke fears of modernity than racial panic. Jewish criminality as portrayed in the press of the day was rational and cunning, competent and organized, and volitional rather than “driven”—a considerable distance, in other words, from the degenerate race arguments that marked NS discourse a generation later. Even racially inclined antisemitic venues like the Deutsches Volksblatt emphasized the Jewish crook’s rationality and cunning over biological characteristics.19 Thus Vyleta concludes that Jewish criminals in the Viennese fin-de-siècle were not seen as biologically propelled but merely as the winners of modernity, in brief: “symbols of all those modern institutions and phenomena despised by many antisemites, including capitalism, materialism, secularisation, and scientific progress.” 20 Criminals were not defined physiognomically and psychologically, as Lombroso had suggested, but intellectually and socially: “those who were pushed into crime because of economic hardship, but were badly equipped for it intellectually, and those who prospered in this modern world of criminality that so resembled the capitalist world of production at large.” 21 It is a generalizing, dehumanizing and deindividualizing argument, as Vyleta recognizes in his paraphrase of Herz’s 1908 book Criminals and Criminality in Austria: “Jews successfully ‘judaised’ crime, even as they ‘capitalised’ the economy; they effectively brought into being a whole new criminal scene.”22 But it is not yet, Vyleta argues, a racial argument.
This, as Berkowitz explores at length and as Vyleta also points out in his conclusion, would change drastically in the following generation, which apparently saw no reason to abandon one antisemitic argument in favor of another merely because the two directly
contradict each other. Thus “[w]hile notions of Jews as malign financial and criminal geniuses, as manipulators of public opinion and so on, remained a mainstay of antisemitic discourse, they were joined by a much more racially reductive vision of Jewish crime.”23 Berkowitz’s book, whose title The Crime of My Very Existence already alludes to the idea of Jews as “born criminals,” is dedicated to exploring how this played out during the NS era in Germany. The Nazis, Berkowitz shows, established and p opularized the principle of a racially predetermined and hence fundamental Jewish criminality: “‘Judentum,’ Jewry and Judaism, proclaimed a prominent Nazi billboard, ‘ist Verbrechertum’—is criminality.” 24 The NS State, touting itself as a bastion of “law and order,” set about the systematic creation and promotion of this racial understanding of Jewish criminality. It did this by—to cite a few of Berkowitz’s examples— converting leading criminologists to teach racially inherent (“Jewish”) crime at universities25; by implicating the German police in the mass murder of Jewish civilians (“criminals”) 26; by identifying all Jews as criminals—for instance by establishing mug shots as the default manner of photographing Jews27; and by conversely, and falsely, identifying notable criminals such as Al Capone and “Legs” Diamond as Jews.28 Ghettos, which could not be anything but hotbeds of crime since the Nazis made living there within the law impossible, became self- fulfilling prophecies 29 ; more generally, Jews in the Nazi era were pushed into “criminality” because the laws governing their lives changed constantly and changes were usually not announced.30 German news media were exhorted to leave readers in no doubt “that every single Jew, wherever he is and whatever he does, is an accessory to crime.”
31 A directive to the German press from April 2, 1943, curtly sums it all up: “Jews are criminals.”32 In effect, the now explicitly racial criminalization of Jews created a dehumanized and deindividualized collective “Jewry,” and it was this, in Berkowitz’s argument, that enabled Nazis not only to “rob and kill them with impunity” but also “helped a huge number of Germans and their fellow perpetrators, as well as bystanders, to accept what the Nazis were doing to the Jews.” 33
The map jointly drawn by Vyleta’s and Berkowitz’s books indicates that despite the suggestive biological aspects of criminological writing of earlier times, Jewish criminality as a racial category did not, or not fully, come into vogue until Nazi Germany. In pre–World War I Austria, the antisemitic view of Jewish criminality still entertained a variety of explanations that took into account the radical transformation of the Western world into the increasingly internationalized, mercantilized, urbanized, industrialized, bureaucratized, democratized, secularized and commodified space in which all Europeans, Jewish or not, were beginning to live. A generation later, the Nazis’ interpretation of Jewish criminality exploited these external contexts further but transferred them from the realm of the causal to that of the incidental. To them, all of modernity’s ills were “caused” by Jews, but modernity, in turn, could not serve as an explanation for Jewish criminality. There could only be one explanation for that: a racial predilection for crime. We should ask at this point whether this reduction and simplification of the “motive,” from global contexts describing an entire epoch to the inner workings of a specific ostracized group, describes not only crime writing, but more generally the progression of Austrian and German antisemitism from the years preceding the First World War to those preceding the Second.
Theories
One problem with the “eternal hatred” theory—the idea that the Holocaust was “simply the culmination of a long unbroken line of anti–Semitism, from pharaoh and Nebuchadnezzar to Hitler and Arafat”34—is that it muddles the view of specifics. Broad strokes writers who have viewed the entire history of antisemitism as a dress rehearsal for the Holocaust have possibly attracted the most attention and inspired the loudest debates.35 Yet much of our concrete knowledge has actually come from scholars who have focused on the details: how antisemitism debates tied in with ideas of the nation state and liberalism 36; why “progressive” people like Imperial Germany’s Social Democrats did not rise in defense of the Jews 37; how liberalism linked with antisemitism in literature38; how antisemitism was staged—literally as well as figuratively39; how Austrian antisemitism differed from the German version 40; what the conceptual differences are— if any—between antisemitism and racism 41; how and why Nazi propaganda focused on Jews,42 and how antisemitism manifested itself in Imperial Germany and the Weimar Republic 43 as opposed to the Nazi era. 44 From writers like Levy and Pulzer we know that antisemitic parties in Imperial Germany were losing, not gaining, power,45 and we owe Jochmann, Mosse and other historians for another significant insight: that the decline of antisemitic political parties did not mean the decline of antisemitism.46 Too much has been written about the history of antisemitism to attempt a representative overview here. I will instead focus on the two historians and philosophers whose ideas have had the most significant impact on my thinking about the specific link between antisemitism and crime: Shulamit Volkov’s understanding of antisemitism as a “cultural code” and Hannah Arendt’s exposé on the human condition in totalitarian States.
In Germans, Jews, and Antisemites (2006),47 Volkov explains that antisemitism in pre–Nazi Germany most particularly functioned as a “cultural code” that created a larger semantic vessel for desired contents. As an “-ism,” it could be unproblematically placed on a par with other “-isms” such as “liberalism” or “conservatism,” “thus entering respectable linguistic company, no doubt” 48; it “pretended to connote an entire corpus of social and political opinions, a cohesive worldview, an ideology.” 49 In the late 19th century, the evolution of the crass Jew-hating perpetrated by loonies on the fringe to an antisemitism that could be espoused by the intellectual or moneyed élites was achieved by what Volkov calls “wrong metaphors” and, using a term coined by Kenneth Burke, “associative mergers.” 50 Both established a link between social ills and the “Jewish question” that had not existed before, as did, for example, an 1879 pamphlet by Otto Glagau that called upon working men to unite against their exploitation by “a foreign race” and culminated in an associative merger: “The social question is the Jewish question.”51 By far the richest harvest of wrong metaphors and associative mergers, according to Volkov, can be found in the works of Heinrich von Treitschke, where the “Jewish Question” becomes the problem that stands for all others:
The “Jewish Question” was not one problem among others, but the essence of all evil. A quick turn of the pen made a single problem stand for all others. The Jews were equated with every negative aspect of German life, everything that Treitschke and his readers detested. Their equation with an entire syndrome of ills—social, political, and cultural—was a stroke of genius. By using a simple rhetorical technique, an unsati sfactory situation was suddenly made comprehensible. A
strong opposition to government policies could now be coupled with an idolizing of the state. The responsibility for weakness of character, for folly and failure, was placed where it hurt the least— at the margin, on the outcast, on the Jews. 52
Volkov’s view of antisemitism in turn-of-the-century Germany goes a good bit further than Rürup’s definition of antisemitism as a “world view,”53 or Mosse’s view of it as a “German ideology,” 54 or Jochmann’s idea of it as part of German “cultural pessimism.” 55 Volkov opts for the broader term “culture” to express her understanding of antisemitism as “operating, in society as well as in individuals, both on the intellectualrational level and on that of implicit values, norms, lifestyle and thought, common ambitions, and emotions.”56 Neither “ideology” nor “world view” quite capture this “cluster of ideas, sentiments, and public behavior patterns,” she claims; only “culture” articulates “the total interconnected ways of thinking, feeling, and acting,” subsumes both Weltanschauung and ideology, does not exclude philosophy, science, and the arts, and “includes traditions that consciously and subconsciously affect such a collectivity, habits of mind, a variety of automatic reactions, and a plethora of accepted norms.” 57 Volkov’s term “culture” has much to recommend it. It allows us to view antisemitism as culturally specific (in this case: pertaining to Germany and Austria during the twenty years preceding both World Wars) rather than eternal and ubiquitous (from Pharaoh to Hitler). Yet it also militates for an understanding of antisemitism as a gradual, insidiously subtle, and encompassing process—the creeping encroachment of culture, not the big bang of political incident. Much historical writing does not see it that way. In fin-de-siècle Vienna, Vyleta claims, most readers were aware that antisemitic language was used by a specific camp and that to use it was to ally oneself with it: “One might go so far as to say that antisemitism remained somewhat of a ‘forbidden’ language used only by those who prided themselves on their defiance of good social manners.”58 Yet by the 1930s, he continues, the well-mannered classes had become ardent antisemites: “the electoral success of the Nazi party was to a good part due to voters with middleclass, even intellectual, backgrounds: civil servants, architects and business men. The Anschluss- movement and the Great Depression further fostered antisemitic sentiments.” 59 The change, within a mere generation, from a society that squirmed at antisemitic language to one that embarked on the road to extermination policies, is described as sudden, radical, and tied to specific political events (the Nazis’ electoral triumph, the Great Depression, the Anschluss). Volkov, who is more interested in sliding scales and slippery slopes than in contrasts, and more concerned with language, writing, and conceptualization than with events, would demur: “Antisemitism was not a direct response to real events. Indeed, human beings do not react directly to events. They construct their own interpretation of world-events in a process of conceptualization and verbalization, and they can only respond to this home-made concept of reality.”60
Vyleta’s idea of a “forbidden” antisemitism in the fin de siècle versus its general acceptance a generation later is beholden to the idea of antisemitism as an ideology, inspired by concrete incidents or propaganda, each of which might be individually accepted or rejected. But within a culture of antisemitism, Volkov claims, “such a separation of issues was no longer possible.”61 Cultural codes, wrong metaphors and associative mergers—in other words, writing—had assigned to Jews a far more encompassing value than that of people, or even a people, under attack; they had become “a symbol of the time,” 62
not only to their persecutors, but also to their defenders. Treitschke, in claiming that the “Jewish Question” was not one problem among others but the essence of all evil, and Theodor Mommsen interpreting antisemitism as hatred not of Jews alone but of “Bildung, freedom and humanity”63 invoked the same symbolic view of Jews and the same cultural code of antisemitism. Both lived in a world in which it is “impossible to separate one’s attitude toward Jews and Judaism from the rest of one’s ideological and cultural ‘package deal.’”64
Forty years before Volkov first outlined these ideas, Hannah Arendt’s The Origins of Totalitarianism (1951) anticipated some of her most significant historical points. “The simultaneous rise of antisemitism as a serious political factor in Germany, Austria, and France” occurred, according to Arendt, at the same time during which Volkov diagnoses the rise of a “cultural code” of antisemitism, namely “in the last twenty years of the nineteenth century.”65 Similar to Volkov, who describes the rise of antisemitic culture as a protracted, subtle and all-encompassing process that ultimately resulted in a broad consensus on the “Jewish Question,” Arendt viewed antisemitism as “slowly and gradually” infiltrating society until it emerged “as the one issue upon which an almost unified opinion could be achieved.”66 In Arendt’s view, totalitarianism—her focus, although closely tied in with antisemitism—vanquishes by similar means: by creeping up on you. One of its most distinguishing features, she claims, is that you normally don’t notice it because it appears both normal and familiar. “The only rule of which everybody in a totalitarian state may be sure is that the more visible government agencies are, the less
Mural of Hannah Arendt in Hanover on the wall of the house in which she was born (“Nobody has the right to obey”). Graffiti art by Patrik Wolters and Kevin Lasner, based on a photograph by Käthe Fürst (photograph by Bernd Schwabe, Hannover. Wikimedia Commons).
power they carry, and the less is known of the existence of an institution, the more powerful it will ultimately turn out to be.” 67
Arendt’s main point is that totalitarian societies engage in “a gigantic massing of individuals,” ultimately replacing individuals with what she terms “mass men,” or, alternately, “inanimate men,” “atomized individuals,” or “One Man” (“In a perfect totalitarian government […] all men have become One Man.”)68 Mass Man is characterized by“the radical loss of self-interest, the cynical or bored indifference in the face of death or other personal catastrophes, the passionate inclination toward the most abstract notions as guides for life, and the general contempt for even the most obvious rules of common sense.”69 Unlike the individual, Mass Man is both expendable and aware of it, as illustrated by Arendt’s citation of Himmler’s description of his SS men: “they were not interested in ‘everyday problems’ but only ‘in ideological questions of importance for decades and centuries, so that the man … knows he is working for a great task which occurs but once in 2,000 years.’” Thus the massing of individuals, Arendt concludes, “produced a mentality which […] thought in continents and felt in centuries.”70 Her citation and analysis of Hitler’s announcement to the German Reichstag in January 1939 is another case in point: “I want today once again to make a prophecy: In case the Jewish financiers … succeed once more in hurling the peoples into a world war, the result will be … the annihilation of the Jewish race in Europe.” Translated into nonutilitarian language, this mea nt: I intend to make war and I intend to kill the Jews of Europe. […] the liquidation is fitted into a historical process in which man only does or suffers what, according to immutable laws, is bound to happen anyway. 71
In other words: in a totalitarian State, there are no individual pronouncements, intentions, or personal responsibility, just as there are no individual citizens—only continents, centuries, and the processes of history.
According to Arendt, totalitarian societies, unused as they have become to thinking in terms of the individual, have difficulty imagining crime, criminality or the criminal. One passage in Arendt’s book over which readers might well puzzle is her somewhat obscure assessment of what she calls a moment of “social glory” for Jews in fin-de-siècle Europe, namely, the Dreyfus affair. His alleged crime of treason, she claims, raised all Jews temporarily from “insignificance,” but as soon as the traitor was discovered to be the innocent victim of an ordinary frame-up, “Jews were again looked upon as ordinary mortals.”72 The Dreyfus passage, murky in itself, makes sense only in the context of Arendt’s larger assessment of how totalitarianism works: its main job is to deny and eradicate the individual. Dreyfus, a Jew, was marked as an individual by his perception as a traitor, a criminal. Criminals are individuals. Crime is an individual act. Far from establishing a universal discourse in which all Jews were labeled as criminals (see Berkowitz), totalitarian societies, at least in Arendt’s thinking, would be compelled to remove this label, and all other distinguishing characteristics of individuality, particularly from hated groups. For this reason, Arendt claims, totalitarianism finds a deindividualizing means of expressing the idea of Jewish criminality. The brush with which the Nazis tarred the Jews is not that of crime but that of vice. Crime is something one commits (and, by implication, can stop doing); “vice” describes what one is (and, by implication, cannot stop being). Thus vice is but the corresponding reflection of crime in society. Human wickedness, if accepted by society, is changed from an act of will into an inherent, psychological quality which man cannot choose or
reject but which is imposed upon him from without, and which rules him as compulsively as the drug rules the addict. In assimilating crime and transforming it into vice, society denies all responsibility and establishes a world of fatalities in which men find themselves entangled. 73
Such thinking in grand categories, in terms of history, continents, centuries, and Fate (“fatalities”), is the extermination of individuals in a speech act and a precursor to the real thing. According to Arendt, this is precisely what happened to the Jews. Their subsumption under the category of “Jewishness,” which “from then on could be considered only in the categories of virtue or vice,” 74 already implies both racial antisemitism and the Final Solution: “the transformation of the ‘crime’ of Judaism into the fashionable ‘vice’ of Jewishness was dangerous in the extreme. Jews had been able to escape from Judaism into conversion; from Jewishness there was no escape. A crime, moreover, is met with punishment; a vice can only be exterminated.” 75
The Nazis’ refusal to treat Jews as criminals (that is: to acknowledge them as individuals), Arendt holds, was not merely expressed philosophically but resulted in concrete policy decisions. She takes care to differentiate between the internment of “criminals” and that of “Mass Men,” claiming that Jews who actually happened to be criminals were safer throughout the NS regime than innocent Jews. Just as the concentration camp system was placed outside the normal penal system, law- abiding Jews were placed outside the law. Jews in their millions were imprisoned in concentration camps for no reason; criminals were not ordinarily sent there until after they had completed their prison sentence and were entitled to their freedom. Total erasure of the individual implies the elimination of the “juridical person in man”76 and therefore also the elimination of all recognizable and comprehensible links between crime and punishment. “Under no circumstances must the concentration camp become a calculable punishment for definite offenses.”77 The world of crime and punishment is anathema to the totalitarian regime, simply because crime leaves traces. “The murderer leaves behind him a corpse, and although he tries to efface the traces of his own identity, he has no power to erase the identity of his victim from the memory of the surviving world.” 78 Totalitarian States, conversely, erase their victims to the point where they never existed; they create “veritable holes of oblivion into which people stumble by accident and without leaving behind them such ordinary traces of former existence as a body and a grave.”79
Throughout The Origins of Totalitarianism, Arendt’s focus is on Mass Man as an encapsulation of what happens to human beings under totalitarianism, and thus she has little time for the ordinary criminal. And yet, more often than not, the last vestiges of individuality and humanity in her book tend to be linked directly with crime, criminality and the criminal. Crimes leave clues, thus denying the total erasure of the individual. Crimes may result in “calculable punishments,” thus resurrecting the principle of action and consequence and breathing new life into the “juridical man,” who finds paradoxical embodiment particularly in those who do not obey the law. Criminals— and here I am, of course, speaking of the criminal type as established in criminology, press coverage and fiction of the time—do not think in terms of history, centuries or Fate. They do not consider themselves expendable. Potentially at least, they are the very antithetis of Mass Man, with his “radical loss of self-interest, the cynical or bored indifference in the face of death or other personal catastrophes, the passionate inclination
toward the most abstract notions as guides for life.”80 On the contrary, criminals tend to be direct rather than abstract, ruled by self-interest, and anything but indifferent to their fate.
In the Age of Mass Man, Arendt claims, “the masses are obsessed by a desire to escape from reality because in their essential homelessness they can no longer bear its accidental, incomprehensible aspects.” This manifests itself, above all, in “their longing for fiction.”81 Arendt is speaking here of Mass Man’s response to propaganda, but there is really no reason not to take the passage literally. Mass Man’s longing for fiction would certainly go some way toward explaining the extraordinary success of the lovable, laughable or pitiable criminal in writing before the World Wars. In a society headed for totalitarianism, fiction provided a much-needed reminder of a comprehensible world and of a not-atomized, not-inanimate individual. The criminal analyzed in criminological treatises, the criminal celebrated or condemned in the press, the criminal adored or pitied in fiction held considerable potential to serve as an antidote to what Germans were becoming: Mass Men. Criminals, by their very existence, imply a legal system that still works. Send a criminal to prison and he knows why he’s there. The same does not apply to innocents interned in a camp. Punishment is meted out to the individual; extermination, as Arendt has shown, is not. Criminals can be read as symbols for a nontotalitarian order in two contradictory ways. By breaking society’s rules, they assert a defiant individuality—they’re in business for themselves. Yet they also represent legality—their punishment makes sense and in making sense contrasts starkly with the senseless slaughter of innocents. Criminals thus both defy and represent a comprehensible order.
And yet, the very fact that it is the criminal who symbolizes individuality clearly implies a sense that the individual can only exist outside of ordinary society, or, at best, on its fringes. It is perhaps no accident that the lovable, hapless, tragic or funny criminal came into vogue at the precise historical juncture when German society became more consolidated and more rigidly defined: during the later years of the Second Reich, which had unified Germany after a thousand years of particularism, and during the early years of the Third. Defining the individual as a societal outsider already implies a clear understanding that the individual is on his last gasp, that the Age of Mass Man is arriving. No matter how funny or lighthearted they may appear, these are nostalgic tales (it is also no accident that most crime fiction written during the NS era is set in earlier periods).
At the same time that criminology individualized the criminal and fiction and the press showered him with love, admiration, tears of compassion, or gales of laughter, Jews came to be viewed as the antithesis of individuality. Neither the mass of anonymous Jewish victims nor the anonymous Jewish crime organizations of Nazi propaganda could answer the yearning for the imagined whole individual. Witness the description of rats in The Eternal Jew, one of the Nazi era’s most notorious antisemitic films: “They mostly emerge as a great mass[…], no different from the way Jews emerge among humans.” 82 Rarely do Jewish criminals in the writing of the time, either during or preceding the NS era, appear as individuals harming other individuals; they appear as a group or as a great conspiracy out to destroy entire nations. Any ritual murder of a single victim involves at least three Jewish monsters standing over the corpse. Any rape
of a German maiden is perpetrated not for the culprit’s own satisfaction but to pollute the blood of the entire Aryan race. Stories of German criminals usually stress not only individuality but a hyper-charged individuality, an individuality beyond the norm. Stories of Jewish criminality tend to invoke the paranoid fear of a mass: world conspiracy, international Jewry, Jewish Bolshevism, the Jewish “race,” or the “Jewish financiers” of Hitler’s Reichstag speech. What Arendt said about pronouncements in totalitarian societies holds true in this context as well. Tales of German criminality are told as stories; tales of Jewish criminality masquerade as history. The lovable, understandable, funny or tragic criminal—in brief: the criminal capable of embodying individuality—is a German criminal.
Structures
Criminals appear most regularly in three text types: criminological treatises, press reporting on actual court cases, and crime fiction. My main interest is to ask to what extent criminals in these texts, written in Germany and Austria during the twenty years immediately preceding each World War, are individualized or portrayed as part of a “mass,” what mechanisms are used to humanize or dehumanize them, and to what extent writing turns them into symbols standing in for something else entirely (assuming, with Vyleta, that “reporting on crime was always also a means of reporting on the state of society”83). Specifically: did the individualized (lovable, tragic, funny, etc.) criminal evolve as a German self-image that explicitly excluded Jews? And if so, what might this new German self- image, with its implications of a subversiveness that stops short of actual criticism or opposition, indicate about the self-perception of citizens transitioning from a chaotic to an organized and vastly more powerful and centralized State (initially from particularism to the Second German Reich, later from a fragmented Republic to the Third)?
My choice of time frame has been influenced by Arendt’s and Volkov’s view of antisemitism as a gradual development that remained imperceptible to many but that eventually gained sufficient universality to be called a “culture.” Cultures flourish not in periods of upheaval but in periods of transition. For this reason, this book focuses on pre-totalitarian peacetime, specifically the twenty years before each World War: ca. 1894–1914 and 1919–39. In this, I am swayed by Arendt’s argument that Germany was not on an irreversible path to totalitarianism until the outbreak of the war; certainly, war enabled Hitler to embark on measures that, as Arendt asserts, “would have been unthinkable in peacetime.” 84 My purpose here is not to examine explicit propaganda but texts that had a chance to be perceived by contemporaries as neutrally scientific, informative or entertaining. Few works written during wartime would have achieved this, regardless of the degree to which they presented themselves as apolitical, nonpropagandistic, or non-militaristic. War, whether waged by totalitarian societies or others, is by definition a national emergency and often results in a consolidation of power and a narrowing of permitted viewpoints. As Arendt has argued elsewhere, in a noncriminal State, the criminal is an exception, whereas in a criminal (that is: in a totalitarian) State the opposite applies; “the relationship of exception and rule […] was
reversed.”85 If we assume, with Arendt, that Germany did not fully become a totalitarian regime until the outbreak of the Second World War, and if we further understand war, like totalitarianism, as an emergency situation and thus a departure from the status quo, then wartime texts written about crime and the criminal would be significantly affected because these are the texts that define both perceived normality and deviations from it. A focus on pre-totalitarian peacetime documents, in other words, will be more likely to yield a text base whose understanding of “criminality” is closer to ours today. Conversely, as Volkov has shown, some form of antisemitism was already at the turn of the century a universal “culture” that seemed, to most contemporaries, neither extreme nor unreasonable, in other words: one that was entirely compatible with the status quo. My search for texts about crime and/or Jewishness will therefore focus on the two places where antisemitism had become uncontroversial enough to be accepted as the “new normal,” namely Germany and Austria. Austria’s capital Vienna, as Vyleta has pointed out, was at the time marked by “disturbing levels of antisemitism” and moreover the only European capital with a democratically elected mayor who had run on an explicitly antisemitic platform. The city also plays a significant part in Mein Kampf, where Hitler identifies Vienna as the place where he first learned to “recognize” Jews as quintessentially non–German, thus creating the antisemitic legend “that turned into something like the nursery of the ‘Final Solution.’”86 Beyond their particular vulnerability to antisemitism, Vienna and Berlin or, more broadly speaking, Prussia (with its capital Berlin) and Austria (with its capital Vienna) are also linked by a much longer and not always affable history. For long centuries, Prussia and Austria were the largest and most powerful German States, each struggling, in a fraught process now dubbed “German Dualism,” to emerge as the predominant political force in Germany. Under Prussia’s King Frederick II and Austria’s Empress Maria Theresia, they spent a considerable portion of the eighteenth century at war with each other, a conflict that was reprised briefly in the form of the Austro-Prussian War of 1866. In the years preceding the World Wars, these old enmities were anything but forgotten; they flare up, time and again, in press coverage on famous crime cases across the border. For example, while many Austrian newspapers took the Köpenick coup of 1906 as occasion to poke fun at Prussian nationalism and militarism, others argued more seriously that the “typical” Prussian gullibility and submissiveness towards a uniform essentially amounted to an abrogation of a citizen’s right and duty to think for himself.
To the significant insights about crime and antisemitism that we already owe to Daniel Vyleta, Michael Berkowitz, Shulamit Volkovand Hannah Arendt, I hope to add some new aspects. Among these are a consideration of the German criminal (all four writers focus on antisemitism), the inclusion of crime fiction (all four deal exclusively with nonfictional texts such as State-sponsored propaganda, criminology or press coverage), and a comparative and contrastive approach to both prewar periods and both places (all four concentrate either on the fin de siècle or the Nazi period, and either on Vienna specifically or Germany). My focus on both prewar periods provides a means of asking to what extent key aspects of totalitarianism already appear at earlier historical junctures. Hannah Arendt, for example, saw the “massing” of individuals as an aspect of totalitarian societies and its culmination in mass extermination. But perhaps we can observe the inception of the idea of the expendable mass much earlier, for instance in
that defining moment in August 1914, when the German Emperor looked down from his balcony upon a crowd cheering another war and saw no parties, no classes, no confessions, and no Thuringians, Hessians, Saxons or Bavarians, but only “Germans.” 87 Throughout, I favor cases, texts and contexts that have rarely been examined and that thus have the potential to provide us with fresh insights over others that have previously received a lot of attention (such as the writings of senior propagandists like Joseph Goebbels or the writers of Der Stürmer). 88 For the same reason, I largely exclude canonical texts on the criminal (by Hauptmann, Döblin, Kafka and many others) to which entire libraries are already devoted. As Vyleta has noted, historians tend to bother only with the talent and ignore the gutter press and the popular.89 Yet an argument can be made, and has been made in other contexts, that “Popular culture does not make the political parties, the legislation, the armies that fight to sustain and defend racism, but it has always been their best recruiting agent.” 90 The crime fiction avidly devoured by fans all over Germany, the popular films that drew huge crowds after the First World War have much to teach us on contemporary ideas on “German” versus “Jewish” criminality, and their universal availability and popularity make them at least as indicative of contemporary thinking on these subjects as academic treatises and newspaper articles.
My discussion of fictional texts alongside those that lay claim to factuality, such as criminological works or press reporting, is not meant to reduce the discussion to the dissatisfying divide between “literature” and “real life.” Nor do I intend to make the undoubtedly true but profoundly uninteresting claim that “real life” is described in literature or that literature shapes “real life.” Instead, I assume the “literariness” of all texts, whether or not they would normally be understood as fictional, and question any text’s ability to describe “reality.” In this, I have been influenced by both Volkov’s understanding of antisemitism as a “cultural code,” that is: as a reality initiated in and through writing , and by Vyleta’s treatment of all text types—scientific journals, true crime accounts and reporting—“as narratives, i.e. stories that order and construct knowledge about criminals and Jews.” Citing Miri Rubin, Vyleta advocates thinking of narrative as a mode of organising events, unified by plot[…]. Whole cultural systems are carried in myths, and myth is carried in rituals and through narratives. People act through narratives and they remember through narrative.
This vision of narrative takes seriously Alasdair MacIntyre’s claim that human kind is a storytelling animal, a creature that can only exist and impose meaning upon his or her worl d through constant narration.91
Focusing on narrative means to shine a light on how a story presents its truth claims, which may lead us to recognize the fragility of such claims. Stories may or may not advance truth claims per se, but they can—as Volkov has shown—combine and develop to form a culture that is universally or nearly universally accepted as “history.” We might think of the relationship between literary and non-literary, or less literary, genres in terms of Turner’s concept of “modes of symbolic action,” which he defines as “the peculiar relationship between the mundane, everyday sociocultural processes (domestic, economic, political, legal and the like) found in societies […] and what may be called […] their dominant genres of ‘cultural performance.’” 92 He sees this relationship not as “unidirectional and ‘positive’—in the sense that the performative genre merely
‘reflects’ or ‘expresses’ the social system or the cultural configuration,” but as “reciprocal and reflexive—in the sense that the performance is often a critique, direct or veiled, of the social life it grows out of, an evaluation (with lively possibilities of rejection) of the way society handles history.”93 If authors, as he puts it,
“hold the mirror up to nature,” they do this with “magic mirrors”[…]. The mirrors themselves are not mechanical, but consist of reflecting consciousnesses and the products of such consciousnesses formed into vocabularies and rules, into metalinguistic grammars, by means of which new unprecedented performances may be generated. […] The result is something like a hall of mirrors—magic mirrors, each interpreting as well as reflecting the images beamed to it, and flashed f rom one to the others.94
Throughout this book, I read texts describing the “German” versus the “Jewish” criminal—regardless of their genre or their degree of fictionality—as “magic mirrors,” in the sense that I assume them to “interpret as well as reflect the images beamed into them.” Tales of lovable criminals, hapless dunces, and Jewish conspiracies told in academic works, court records, press articles, and crime fiction are examined for their potential to generate new “unprecedented performances.” Turner’s hall of mirrors allows us to think of stories rooted in real life and in fiction not in terms of origin and influence, cause and effect, but as drawing water from the same well, the well in this case being the “culture” (Volkov) of thinking about Jews and crime. In the hall of mirrors, all tales are more or less fictional, and in the act of interpretation, reflection and beaming back, they all participate in a cultural performance. My primary interest in these tales lies not in the chicken-and-egg question, but in the persistency of these tales and the perniciousness of their meanings: how they reflect and interpret common beliefs about crime and Jews, or about individuals and mass men, and what they add to this store of ideas when they are “beamed back.” I further presume that the cultural performers who add to the lore of crime and antisemitism incorporate both “rehearsed” and “spontaneous” elements95 into their performance. Rehearsed elements describe the cultural heritage of ideas, passed down in tales and traditions until they become the things “we have always known” about Jews: that they are usurers and swindlers, for example, or that their “congenital” cruelty, immorality, dishonesty, etc., predestine them for crime. Spontaneous elements would describe what cultural performers then do with this knowledge. Like Vyleta, I focus throughout on narrative elements; like Volkov, I concentrate on the creation of a culture; like Turner, I am interested in showing that culture is created through repeated “cultural performances.” For the purposes of this project, I define such performances as the telling of tales whose relationship with each other may be causal, contrastive, or simply analogical, all of them creating and recreating the same interrelated thought system on Germans, Jews, and crime.
If we accept Arendt’s claim that discourse in totalitarian States masquerades as history, it becomes more important than ever to retain a sense that discourse is, in fact, composed of stories, of tales that, their fragility and dubious truth-claims notwithstanding, have the power to create my ths and new meanings. 96 This sense guides my readings throughout this book, not only of fiction but also of artifacts that lay claim to factual accuracy, such as press articles, court records and criminological treatises. Arendt’s mandate to recognize that which impersonates history as a story has also stood godmother to the titles of the book’s sections, which are named after the five essential ele-
ments of a story: Setting (what others might term an “Introduction”); Characters, Plot, and Conflict (comprising the three main parts of the book and containing, between them, eight chapters), and Resolutions? (what might elsewhere be called a “Conclusion”). Characters focuses on the criminal “character” described in criminology before the World Wars, texts on Jewish criminality in both prewar periods, and the victory of criminal biology over criminal sociology during the Weimar Republic and the early Nazi era. Conflicts contrasts two pairs of trials, one pair in each prewar period, each featuring Jewish v. non–Jewish accused, chosen for compatibility both of time periods (the trials in each pairing took place within five years) and similarity of crime (all defendants were accused of nonviolent crimes and thus theoretically eligible for sympathetic or humorous treatment in the press). This part of the book focuses on the myth of the lovable “rogue” criminal, outlines how and why he was conceptualized as a German criminal in courts and in press coverage, and shows that criminals who had committed similar crimes but were coded as “Jewish” were considered ineligible for the role. Plots showcases the criminals, Jewish and otherwise, of crime fiction, and asks whether and how the Jewish v. German “coding” of criminals familiar from criminology and press reporting on real-life trials was reflected in fiction. Resolutions?, with an emphatic question mark, asks whether the lovable criminal’s ability to represent “Germanness” and the implications of this model ended with the Second World War or if it reached into a past much closer to our present.
The inverse trajectory I’m proposing between literature celebrating the lovable German criminal and antisemitic texts demonizing the Jewish crook, between the individuation of the one and the “massing” of the other, is, on the one hand, specific to German and Viennese history. Yet it also entails broader implications about conflict resolution and conflict avoidance strategies in times of national crisis. Clearly, the decision to define conflicts as either solvable or intractable is predicated upon definitions of others as either comprehensible or unfathomable. Ultimately, this book aims to increase our understanding of historical mechanisms of conflict resolution and conflict avoidance: which problems (or people) we chooseto understand at specific historical junctures, which ones we relegate to the realms of the incomprehensible, which mechanisms we rely on to either promote or preclude understanding, and why we make these choices. As modern depictions of “terrorists” versus “criminals” since the beginning of the global War on Terror shows, the gulf between the incomprehensibly foreign and the homegrown and familiar, between lovable individuals and hateful mass conspiracies, b etween solvable and intractable conflicts, is still with us. Taking another good, hard look at mechanisms that paved the way for totalitarianism in Germany and Austria can perhaps help us recognize the ways in which we reproduce these patterns today. As Koepnick once put it: “The point of any reconstruction lies in the present.” 97
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Compulsion v. Conspiracy: German and Jewish Criminals in Criminology (1890s–1914)
A Criminal Is Born
The criminal rose to prominence in the late 19th century on the back of Cesare Lombroso (1835–1909). His work L’uomo delinquente (Criminal Man, 1876, first available in Germany in 1887 and then followed by endless re-editions) was the first to proclaim that the determining aspect of crime was not the deed, its circumstances or its punishment, but its perpetrator. Walter Gerteis has likened the appearance of Lombroso’s book to a rock thrown into the placid pond of then nonexistent German criminology. Barely twenty years after the pond was thus disturbed, Germany boasted two new and flourishing disciplines: criminal anthropology and criminal psychology. Both spent years discussing, adapting and responding to Lombroso’s ideas.1 Under Lombroso’s formidable influence, the focus shifted from penal reform in the mid–19th century to the causes of crime at century’s end,2 and the undisputed star of the new debate, the criminal, underwent a radical change of character. The mid–19th-century crook, viewed as individually accountable for his evil deeds and as the primary responsibility of the courts and the police, had gone into hiding by the end of the century. He was supplanted at first by the atavistic and later by the degenerate criminal, compulsively driven by inborn and hereditary physical and psychological factors that became the object of medical study. 3 It was not only a new characterization of the criminal, but also a radical shift in the personnel primarily entrusted to deal with him: from practitioners to theorists and from law to medicine. 4
Lombroso, a physician himself, collected, studied, measured, weighed, and looked inside bodies on the slab and at cells under the microscope. A committed Darwinist, he saw humans as the result of a long development reaching across the animal world and the world of primitive Man to the present day, and he was convinced that setbacks in this development, which he called “atavisms,” could manifest themselves physically. His eureka moment, an autopsy of a particularly objectionable criminal during which he found evidence of such atavism in the form of a cranial abnormality, set him on a decades-long course of trying to convince the world that there was such a thing as the “born” criminal, a throwback to an earlier form of humanity who could be recognized by physiognomic and psychological traits. Lombroso aimed to create for criminals what
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