"The Holocaust: Private Memories, Public Memory," by Anita Shapira

Total Page:16

File Type:pdf, Size:1020Kb

[40] Jewish Social The Holocaust: Private Studies Memories, Public Memory Anita Shapira ver the past 15 years it has been the penchant among histori- ans—myself among them—to present the first couple of de- Ocades following World War II as a period during which the Holocaust was suppressed in Israeli national consciousness. It has been claimed that, throughout this period, the Holocaust played no more than a marginal role in shaping the Israeli national identity, that it was never at the center of the public discourse, that it was not internalized by the education system. People did not want to hear about the Holocaust. People did not wish to discuss the Holocaust. The struggle preceding the founding of the state and, later, the War of Independence suppressed the shock of the Holocaust and the impact it had. There was no room in the newly formed heroic state for exhibitions of weakness and humilia- tion. Some historians have been able to understand this attitude, even excusing and explaining it away. Others were enraged by it and regarded it as a crude expression of heartlessness on the part of the veteran Israeli population toward the new immigrants, survivors of the devastation. But as for actually pushing aside the Holocaust issue to the edges of the Israeli agenda, there was no dispute: this assumption has been accepted as fact by historians and writers alike, and it has received wide coverage in the popular press and television. It served as a central factor in a scathing accusation against David Ben-Gurion—who is identified as the state’s founding father—and against the first native generation, the Sabras, for ignoring or erasing deliberately the memory of the Holo- caust. On the other hand—so goes the accusation—they over-empha- sized the role played by the all-powerful Israeli “macho” in building the nation and the country, and they nurtured the myth of heroism. This convention was to become one of the battering rams in attacks on the Israeli entity.1 It is now widely agreed that the age of marginalizing the Holocaust in Israeli awareness is past. There is no agreement, however, as to the exact moment at which it came to an end. Some see the Eichmann trial in 1961 [41] as the event that brought the Holocaust into Israeli public awareness. Others point to the waiting period that preceded the Six Day War in 1967 Anita as the turning point on this issue. Still others reckon that this change Shapira took place immediately following the trauma of the Yom Kipur War in • 1973. And there are also those who would go so far as naming the 1977 The Holocaust political takeover by the Likud Party as the time of Israel’s revised self- awareness with regard to the Holocaust. Anchoring the end of the moratorium in each of these events is the direct result of individual points of view with regard to the factors that brought about the repres- sion of the Holocaust in the first place and is therefore also connected to the timing of the end of this repression. Those who saw the Eichmann trial as representing the end of the repression period related this repression simply to a lack of knowledge and understanding of the significance of the Holocaust from a factual point of view. The accusations and testimonies presented in the trial brought the Holocaust into every household in the country. According to this version, it was knowledge that brought about awareness. Those who considered the change in awareness to have been caused by the waiting period prior to the Six Day War focused on the collective fear of annihilation that, at the time, was shared by the entire population of Israel. The sense of helplessness, of there being no way out, that had hitherto been identified only with the Holocaust and life in exile was seen now as being possible in the free Jewish state as well. The feeling of Jewish solidarity, the ability to identify with the annihilated Jewish people, was no longer mere rhetoric referring to another reality but had became part of a collective Israeli experience. Another dimension was added by the Yom Kipur War: for the first time, footage was shown on television of Israelis taken prisoner, of weakness and of degradation. These phenomena, which had so far been considered characteristic of the Diaspora Jew in the negative sense, received an overnight legitimacy, becoming part of the Israeli experi- ence. The heroic self-image of the Israeli Sabra, as personified by Moshe Dayan, lost much of its glamour: the independent, forceful aura that had made the Sabra so attractive turned out to be no more than an aura, unable to protect its owner against human weakness, defeat, surrender, and humiliation. The downfall of the Sabra as society’s ideal self-image in the wake of the war, together with the shock waves it caused, opened the door to legitimizing other types of Israeliness and legitimizing an Israeli identity that appropriates experiences of the Holocaust as its own. Those who attributed the change in awareness to the 1977 political overthrow saw the key to this process in the replacement of the country’s [42] governing political elite. Until 1977 the Israeli ethos had been shaped by the Labor culture. A direct line existed between the governing elite of Jewish the veteran pre-state Yishuv and that of the young state. This left its stamp Social on major aspects of the country’s identity, formulating the legitimate Studies images of “Israeliness,” the country’s cultural symbols, and the accepted conventions of memory. Anyone who had not been part of that social- political entity—the Israeli right-wing circles, known as the “fighting family” of the Irgun (IZL) and Lehi underground organizations, orien- tal Jews, and Holocaust survivors—tended to feel discriminated against and alienated. The political revolution, then, was also a cultural one in that it brought to power new elites and lent legitimacy to their cultures and to their claims of representing a different kind of Israeliness. Doors were thus opened to a new awareness of the Holocaust and its survivors. These four versions of the point at which the Holocaust penetrated Israeli awareness do not necessarily contradict one another. The process of creating a new Israeli identity gained strength and achieved depth with each new experience and change. Common to them all was the assumption that there had been an earlier period of silence, a suppres- sion—either passive disregard or active attempts at repression—of the consciousness of the Holocaust in Israel’s collective history. The accusation of “silence/silencing” did not appear until after the screen separating the awareness of the Holocaust and the collective Israeli memory had faded away. In other words, it was only after the Holocaust had become an integral, central component in the Israeli self- image that the criticism appeared regarding the period when this important component was not included in the Israeli identity. Accusa- tions against the past are usually aimed at achieving changes in the present. Thus any debate on this issue should also look at the question of what and whose interests were to be served by these changes in the national identity and collective memory. The terms “collective memory” and “national identity” gain signifi- cance from within a cultural consensus; both the speaker and the listener understand the issue at hand for the simple reason that they both have access to a common world of codes and associations. A debate on such vague terms raises complex problems of definition: how are we going to define the components of national identity during Period A as opposed to Period B? What were the experiences that were included or excluded in the collective memory? What signs will prove to us that a certain component exists or does not exist? What are the characteristics of collective memory at one time versus another? The method has not yet been found whereby an historian can ascertain that the data at his or her disposal covered the whole collective experience. This problem should bother all historians, but it should be of special interest to those [43] involved in researching “national identity” or “collective memory,” since they are trying to reflect the essence of the society in question. The Anita difficulty of encompassing the entire collective experience by using Shapira existing methodological tools casts doubts on the viability of defining a • “national identity” or “collective memory.” Each definition is based on The Holocaust the historian’s choice of part of the data on the era at the expense of other aspects. Paradoxically, the richer the material at hand, the more groundless is our pretense at presenting a complete picture. Therefore, it is hard to draw an extensive picture of processes that are close to us in time, not only because of a lack of perspective but also because of the wealth of material available. The frequency of public debate on certain issues is held as proof that these issues are central or secondary components in the collective memory or national identity. Official ceremonies, annually repeated standard texts, the involvement of the media in various aspects of these issues, all kinds of memorial projects (from headstones to research projects to the publication of testimonials and memoirs), cooperation with the educational system in an attempt at “bequeathing” the collec- tive memory—all of these are seen as evidence of the central role attributed to the issue in the national identity. Likewise, a dearth of these elements proves the opposite. This evidence is not based on hard fact but rather on impressions that help the historian to analyze society.
Recommended publications
  • April 30, 1971
    R. t. J H 13!1 !! I STO~ I GA L AS SO~. 11 20 0 t,1,GE LL ST• P. ROV. b, R. I. Q2 (J09 VOLUME LV, NUMBER 9 FRIDAY, APRIL 30, 1971 16 PAGES 15c PER COP"ll Jerusalem City Cou.ncil In Uproar Over Acting Deputy's Ideas For City JERUSALEM - Some Foreign Ministry ofttclals and What the newspaper did not members ot the Jerusalem City Mayor Kollek promptly warned say, but the Foreign Ministry and Council demanded this week the that national pollc)'- was In dange r the Mayor's otftce quickly re Je ct lo n ot Mayor Teddy of being compromised In local announced, was that this proposal Kollek's acting deputy for political feud s . This Is had been submitted by Mr. development and planning when it "particularly unfortunate and Benvenlsti three years ago, as was reported that he had unfair," the Mayor said, Just a one ot the contingencies that advocated returning part of tew days before Secretary ot ' Israel might consider as the Jerusalem to Arab sovereignty. State WWlam P, Rogers is due In political situation evolved. Israel. "Ideas that were prevalent Just after the war In 196 7," Says Discrimination A day uproar In the council ot Mayor Kollek said In a formal marked the latest chapter in the statement, "have evolved during In Private Clubs dispute over Jerusalem, where the last three years and I do not municipal planning had become a now see any way to separate the Will Disappear problem of International diplomacy. subject or Jerusalem from the NEW YORK - A leading entire problem of Arab-Israeli Industrialist predicted this week The local point of the con­ relations by specific suggestions that racial and religious trqversy Is Meron Benvenistl, a concerning Jerusalem in any discrimination In private social 36-year-old Counatman known area." clubs In the United states would for his persistent defense ot Arab The Foreign Ministry be eliminated within 10 years, Interests In the formerly divided spokesman acknowledged that Roger P, Sonnabend, president city.
    [Show full text]
  • Miracles Or Randomness? the Traditional Jewish Perspective
    DADON Kotel The Casting of Lots in the Bible and the Modern Age: Miracles or Randomness? The Traditional Jewish Perspective Introduction1 What is the significance of the castingof lots? From Greek philosophy to modern rationalism, there has been an ongoing secularization of the concepts of the casting of lots and randomness,which are allegedly only governed by blind chance and meaningless. Mathematicalscience has even developed an entire branch of probability designed to analyze random events while ignoring their possible interpretation. However, in another world, the world of the Sages, casting lots and randomness have serious roles with multiple meanings. Asurprising number of Jewish sources consider the casting or drawing of lots as a good way to decide on ethical matters, noting its religious value.Throughobservation of lotteries and randomness, it can be demonstratedthat ostensibly chance events are full of meaning and, thereby, exciting cultural and religious options. Science: From Hubris to Randomness Duringthe nineteenth century, thehubris of the natural sciences reached its zenith. Scientific thinking was dominated by positivism, i.e., the view that nature behaves deterministically, with absolute predictability.It followed that if all the data of the present were known to us, we could foresee all future events accurately, since everything occurs as a result of something else. Scientific positivism was convinced that it wasonly a matter of timebefore humanitywould have the scientific knowledge needed to explain and anticipate all natural phenomena. Such assumptions were challenged in the twentieth century. The natural sciences are becoming less deterministic. Randomness has been increasingly recognized as one of the most fundamental natural phenomena.
    [Show full text]
  • TESI Con Frontespizio.Rtf
    Università degli Studi di Padova Dipartimento di Scienze Storiche, Geografiche e dell'Antichità Corso di Laurea Specialistica in Storia Moderna e Contemporanea Le ragioni dei Giusti Azioni, tecniche e motivazioni dei "Giusti" italiani durante la Seconda Guerra Mondiale, 1941 - 1945 Relatore: Professoressa Monica Fioravanzo Laureando: Davide Spada Pianezzola Matricola n.: 585736 Anno Accademico: 2013 - 2014 1 2 I N D I C E Incipit . ............................................................................................5 CAPITOLO 1 STORIA DELL’ANTISEMITISMO . ...... 9 Sulla definizione del termine antisemitismo...................................9 I volti dell'antisemitismo....................................................................... 11 L'antisemitismo religioso: le origini .............................................13 Una leggenda dalla lunga vita: gli omicidi rituali.........................15 L'antisemitismo religioso: dal Medioevo al Secolo dei lumi. .......19 L'antisemitismo nazionalista: l'ebreo come ‘serpe in seno’. ........31 L’antisemitismo scientifico: l’ebreo ‘geneticamente inferiore’....50 L’antisemitismo scientifico in Italia .............................................61 Un antisemitismo di facciata? . .....................................................77 CAPITOLO 2 LE RAGIONI DI UNA SALVEZZA. .... 89 Opportunità o carattere?. ............................................................100 I perché dell’altruismo . ..............................................................117 Lo Yad Vashem. .........................................................................124
    [Show full text]
  • A History of Modern Palestine
    A HISTORY OF MODERN PALESTINE Ilan Pappe’s history of modern Palestine has been updated to include the dramatic events of the s and the early twenty-first century. These years, which began with a sense of optimism, as the Oslo peace accord was being negotiated, culminated in the second intifada and the increase of militancy on both sides. Pappe explains the reasons for the failure of Oslo and the two-state solution, and reflects upon life thereafter as the Palestinians and Israelis battle it out under the shadow of the wall of separation. I P is Senior Lecturer in Political Science at the University of Haifa in Israel. He has written extensively on the politics of the Middle East, and is well known for his revisionist interpretation of Israel’s history. His books include The Making of the Arab–Israeli Conflict, – (/) and The Modern Middle East (). A HISTORY OF MODERN PALESTINE One Land, Two Peoples ILAN PAPPE University of Haifa, Israel CAMBRIDGE UNIVERSITY PRESS Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, Delhi, Mexico City Cambridge University Press The Edinburgh Building, Cambridge, CB2 8RU, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521683159 © Ilan Pappe 2004, 2006 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2004 Second edition 2006 7th printing 2013 Printed and bound in the United Kingdom by the MPG Books Group A catalog record for this publication is available from the British Library.
    [Show full text]
  • War Criminal in a Glass Box: Eichmann Trial 40 Years Later
    Film Review: War Criminal in a Glass Box: Eichmann Trial 4... http://www.nytimes.com/library/film/041200specialist-fil... April 12, 2000 FILM REVIEW War Criminal in a Glass Box: Eichmann Trial 40 Years Later Forum Join a Discussion on Current Film By ELVIS MITCHELL new documentary, "The Specialist," comes at an interesting time in the culture. The producer and director, Eyal Sivan, has compiled and assembled black-and-white footage of the trial of the SS officer and war criminal Adolf Eichmann, and his film is the grimmest possible precursor to the occasionally frivolous "Court TV," which plays on the current fascination with watching the judicial process grind exceedingly slow, and exceedingly fine. This year brings the 40th anniversary of Eichmann's capture; the trial opened in Jerusalem a year later, in 1961. "The Specialist" is an amazing document, if only for the spectacle of watching Eichmann, seated in a glass box with two armed guards, take in the trial. The box exaggerates Eichmann's own natural remove, and as he primly cleans his Kino International eyeglasses, it is hard to Adolf Eichmann, chief architect of separate his demeanor Hitler's "final solution," on trial in from his appearance: the Jerusalem in 1961. sharp features, the thin, almost lipless mouth that suggests the horrifying stereotype of dispassionate cruelty. Mr. Sivan and his co-writer, Rony Brauman, have sifted through 350 hours of tape shot by the American documentary filmmaker Leo T. Hurwitz, who was commissioned to film the trial, and found the most dramatic footage. A scene in which the courtroom is darkened and film evidence of atrocities is projected is both low-key and unsettling.
    [Show full text]
  • Das Israelbild in Tageszeitungen Der DDR
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Digitale Hochschulschriften der LMU Das Israelbild in Tageszeitungen der DDR. Inauguraldissertation zur Erlangung des Doktorgrades der Philosophie an der Ludwig-Maximilians-Universität München vorgelegt von Oren Osterer aus München München, 2014 Erstgutachter: Prof. Dr. Michael Brenner Zweitgutachter: Hans Günter Hockerts Datum der mündlichen Prüfung: 1. Februar 2013 Inhalt Vorwort .................................................................................................................................................................................. 6 I. Prolog ................................................................................................................................................................................. 7 1. Fragestellung und Zielsetzung ................................................................................................................................ 12 2. Zum Aufbau, zur Methodik und zu den Forschungsquellen ............................................................................ 15 3. Forschungsstreit und Forschungsstand: Antisemitismus und Antizionismus ................................................ 18 3.1. Judenhass: Inhalt, Funktion und Struktur ..................................................................................................... 21 3.2. Eine Theorie über die Aufnahme von Antisemitismus in den Marxismus-Leninismus ....................... 23 3.3. Rahmenbedingungen für
    [Show full text]
  • The Strange and Curious History of the Law Used to Prosecute Adolf Eichmann
    Loyola of Los Angeles International and Comparative Law Review Volume 34 Number 3 Spring 2012 Article 7 Spring 2012 The Strange and Curious History of the Law Used to Prosecute Adolf Eichmann Michael J. Bazyler Chapman University School of Law Julia Y. Scheppach UOP McGeorge School of Law, 2009 Follow this and additional works at: https://digitalcommons.lmu.edu/ilr Part of the Law Commons Recommended Citation Michael J. Bazyler and Julia Y. Scheppach, The Strange and Curious History of the Law Used to Prosecute Adolf Eichmann, 34 Loy. L.A. Int'l & Comp. L. Rev. 417 (2012). Available at: https://digitalcommons.lmu.edu/ilr/vol34/iss3/7 This Article is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles International and Comparative Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. The Strange and Curious History of the Law Used to Prosecute Adolf Eichmann MICHAEL J. BAZYLER* AND JULIA Y. SCHEPPACH** I. INTRODUCTION The modern State of Israel was born of two powerful impulses. First was the dream of the Zionist pioneers, starting in the late nineteenth century, to return to the ancient Jewish homeland, cultivate the land, and create a new kind of Jew—strong and proud—in an independent state of their own.1 Second was the growing need for a place of refuge in the land of Zion for persecuted
    [Show full text]
  • A Record of Events and Trends in American and World Jewish Life
    American Jewish Year Book 1960 A Record of Events and Trends in American and World Jewish Life AMERICAN JFAVISH COMMITTEE JEWISH PUBLICATION SOCIETY OF AMERICA $6.00 N ITS 61 YEARS OF PUBLICATION, the AMERICAN JEWISH YEAR BOOK has provided a unique chronicle of Jewish life in the United States and throughout the world. Appearing at a time when anti-Semitism and neo-Nazism have shocked the world, when tensions and antagonisms in the Middle East are flaring anew and the Jewish commu- nities of North Africa are faced with a rising tide of Arab nationalism, this lat- est volume once again colors in the in- dispensable background for an intelhV gent reading of today's headlines. The present volume also offers inten- sive examination of key issues in the United States and summaries of major programs in American Jewish life. An article based on the first National Study of Jewish Education describes the achievements and failures of Jewish edu- cation in America, gives statistical data, and analyzes its many problems. Another article reports the first find- ings of the National Jewish Cultural Study — which includes surveys of ar- chives, scholarships, research, publica- tions and Jewish studies in secular insti- tutions of higher learning. In addition, there are incisive analyses of civil rights and civil liberties in the United States; recent developments in church-state relationships; anti-Jewish agitation; Jewish education, fund rais- ing, the Jewish center movement, Jew- ish social welfare, and other communal programs. The present volume also answers basic questions about Jews in America; popu- (Continued on back flap) 4198 * * • * * * * * * jI AMERICAN JEWISH I YEAR BOOK * * •I* >j» AMERICAN JEWISH YEAR BOOK ADVISORY COMMITTEE Oscar Handlin, Chairman Salo W.
    [Show full text]
  • Tikun Olam, with All the Letters Mentioned Above
    Battle For the Truth A Documentary of the Struggle of the Minchas Elazar and Other Rabbanim Against Agudath Israel and the Zionist Movement Index by Name (All the rabbis listed below signed letters and proclamations against Agudah and against Zionism) Rabbi Abraham Joseph Greenwald of Uzhgorod, Ukraine Rabbi Aryeh Leibush Halberstam of Sanz, Poland Rabbi Abraham Joshua Freund of Interdam, Hungary Rabbi Aryeh Leib Alter of Gur, Poland, author of Sfas Emes Rabbi Asher Lemel Spitzer of Kirchdorf, Slovakia Rabbi Asher Zelig Greenzweig of Dalha, Hungary Rabbi Abraham of Sochatchev, Ukraine, author of Avnei Nezer Rabbi Abraham M. S. Frankel, president of the Orthodox Office in Pest, Hungary Rabbi Elazar Shapiro of Lanszut, Poland Rabbi Elazar Halevi Rosenfeld of Ospicen, Poland Rabbi Asher Meyer Halberstam of Bochnia, Poland Rabbi Aaron Abraham Zlotky of Jerusalem, Palestine Rabbi Abraham Aminoff of Jerusalem, Palestine Rabbi Elijah Moses Maaravi of Jerusalem, Palestine Rabbi Aaron Teitelbaum of Volova, Romania Rabbi Elazar Shapiro of Kiviashad, Hungary Rabbi Elazar Reinman of Bitchkoff, Romania Rabbi Aaron Zevi Kestenbaum of Aulik, Hungary Rabbi Ben Zion Sneiders of Rab, Hungary Rabbi Baruch Wiesner of Batya, Hungary Rabbi David Schlussel of Mukachevo, Czechoslovakia Rabbi David Dov Meisels of Satoraljaujhely, Hungary Rabbi David Elimelech Weiss of Szkernizsa, Poland Rabbi David Frankel of Neflecovitz, Slovakia Rabbi David Schreiber, president of the Galician Kollel in Arislav, Germany Rabbi David Zevi Krelenstein of Jerusalem, Palestine Rabbi
    [Show full text]
  • Four Constructions of the Holocaust in Israeli Political Culture
    Cont Jewry (2017) 37:125–170 DOI 10.1007/s12397-017-9208-7 The Holocaust in Israeli Political Culture: Four Constructions and Their Consequences Editor’s Note: This Article is Followed by Four Comments and a Response by Ian Lustick Ian S. Lustick1 Received: 14 March 2016 / Accepted: 23 March 2017 / Published online: 24 April 2017 Ó Springer Science+Business Media Dordrecht 2017 Abstract The collective memory of the Holocaust among Israeli Jews has featured competition among four related but distinct constructions: Zionist Proof-text; Wasting Asset; Object Lesson for safeguarding human rights; and Template for Jewish life. This paper will analyze this competition and the implications of the apparent victory of the Template. While there is a sequence to the changing prominence of these different versions of the Holocaust, each version has enjoyed periods of relative success since World War II. In recent decades, however, the Holocaust as a Template for Jewish Life has emerged as ascendant. Throughout, competition among the four constructions was driven by parochial and temporary political interests and by the unintended consequences of dissatisfactions associated with any one of them. My analysis will trace this competition and those conse- quences, using them to explain the extreme and highly particular features of current Israeli Jewish collective memory of the Holocaust. The paper concludes with an assessment of the implications of the hegemonic status of this version of the Holocaust for appreciating Israel’s contemporary political predicament. Keywords Israel Á Holocaust Á Political culture Á Collective memory Á Hegemony Á Constructivism & Ian S. Lustick [email protected] 1 Department of Political Science, University of Pennsylvania, Philadelphia, PA, USA 123 126 I.
    [Show full text]
  • Hannah Arendt
    Ausgabe 1/2, Band 6 – November 2011 Journey in Thought – Hannah Arendt By Jonathan Rée Editorial note: The text published below is the transcript of a BBC radio feature in the series “Journeys in Thought” created by Jonathan Rée. Rée concentrates on turning points in the intellectual lives of great thinkers, exploring their ideas and positioning them in time and place. His journey to Israel “in the footsteps of the philosopher and political theorist Hannah Arendt” took him to Jerusalem, from where he returned with a unique and lively documentary radio programme, thus adding a valuable contribution to the debate on Arendt and her book Eichmann in Jerusalem. The programme was first broadcast on 23 November 2003, with a repeat on 28 August 2004; it can be listened to at http://www.bbc.co.uk/radio3/journeysinthought/pip/ashxz/. Having taught philosophy in London for nearly thirty years, Jonathan Rée became a househusband and freelance writer at the turn of the millenium. His books include Proletarian Philosophers, Philosophical Tales, Heidegger, and I See a Voice. For the last ten years he has been working on a history of philosophy. We are grateful to Jonathan Rée for permission to reproduce his programme. This is King George V Street in West Jerusalem. It was here on the 9th of April 1961 that the New York writer Hannah Arendt checked into the Hotel Maria ready to tackle what would be the biggest journalistic assignment of her life. She was one of the greatest political thinkers of her time, and she had come to Jerusalem as a reporter for the New Yorker magazine to cover the trial of the former Gestapo officer Adolf Eichmann.
    [Show full text]
  • Considerazioni Sul Cd Processo Politico*. 1
    ANDREA PANZAROLA Considerazioni sul c.d. processo politico*. SOMMARIO: 1. – Giustizia e politica. L’ambivalenza del “politico” e la questione tassonomica. 2. – Il processo politico “puro”: un concetto impossibile e una fenomenologia illimitata. 3. – I processi spettacolo nei regimi comunisti: mostruosità giuridica, tormenti esistenziali e angosciosi riverberi letterari. 4. – Frammenti di una fenomenologia del processo politico “puro”: i processi moscoviti e il Tribunale rivoluzionario francese. 5. – “Giustizia politica” e ordo iudiciarius isonomico nell’epoca di mezzo. La insufficienza del solo paradigma inquisitoriale. 6. – Il processo politico, il “notorio ribelle” e il “bando” nella “Guerra dei Trent’anni”. 7. – Sulla omologazione del processo alla politica in un ordinamento liberal-democratico. 8. – Gli antidoti al processo politico “puro”. 9. – Spunti per una rimeditazione circa i rapporti tra procedimento e processo: è ancora attuale la lezione (già) garantista di Elio Fazzalari? Il processo come iudicium e la eclissi del procedimento. 10. – La neutralità come sublimazione del processo. 1. – In senso lato la politica moderna, quale creazione e insieme concreta gestione di ordine della coesistenza umana per il perseguimento del bene comune1, è legata ad altre dimensioni della organizzazione collettiva, tra le quali la giurisdizione. Posto che la giurisdizione si attua attraverso il processo, anche quest’ultimo – la sua istituzione, il suo ordinamento, il suo funzionamento – concorre alla realizzazione di quell’ordine nella convivenza umana al quale mira la politica. Non da ora, e non per caso, anche il processo civile appartiene al dominio del diritto pubblico e negli scopi anche differenti che nel tempo gli sono stati assegnati – dalla attuazione di concrete volontà di legge alla composizione della lite o all’applicazione di sanzioni, ecc.2 – si indovinano agevolmente obiettivi ordinativi di rilievo generale interni al disciplinamento politico di un certo ambito di vita nell’interesse comune.
    [Show full text]