CHAPTER FOUR
A
FTER MY
state exam, I had to decide on a profession within the law. I gave myself a little time; Gertrud, who immediately began working in the judiciary, had her hands full, and we were happy that I could remain at home and take care of Julia. Once Gertrud had got over all the difficulties of getting started and Julia was in kindergarten, I had to make a decision.
I had a hard time of it. I didn’t see myself in any of the roles I had seen lawyers play at Hanna’s trial. Prosecution seemed to me as grotesque a simplification as defense, and judging was the most grotesque oversimplification of all. Nor could I see myself as an administrative official; I had worked at a local government office during my training, and found its rooms, corridors, smells, and employees gray, sterile, and dreary.
That did not leave many legal careers, and I don’t know what I would have done if a professor of legal history had not offered me a research job. Gertrud said it was an evasion, an escape from the challenges and responsibilities of life, and she was right. I escaped and was relieved that I could do so. After all, it wasn’t forever, I told both her and myself; I was young enough to enter any solid branch of the legal profession after a few years of legal history. But it was forever; the first escape was followed by a second, when I moved from the university to a research institution, seeking and finding a niche in which I could pursue my interest in legal history, in which I needed no one and disturbed no one.
Now escape involves not just running away, but arriving somewhere. And the past I arrived in as a legal historian was no less alive than the present. It is also not true, as outsiders might assume, that one can merely observe the richness of life in the past, whereas one can participate in the present. Doing history means building bridges between the past and the present, observing both banks of the river, taking an active part on both sides. One of my areas of research was law in the Third Reich, and here it is particularly obvious how the past and present come together in a single reality. Here, escape is not a preoccupation with the past, but a determined focus on the present and the future that is blind to the legacy of the past which brands us and with which we must live.
In saying this, I do not mean to conceal how gratifying it was to plunge into different stretches of the past that were not so urgently connected to the present. I felt it for the first time when I was working on the legal codes and drafts of the Enlightenment. They were based on the belief that a good order is intrinsic to the world, and that therefore the world can be brought into good order. To see how legal provisions were created paragraph by paragraph out of this belief as solemn guardians of this good order, and worked into laws that strove for beauty and by their very beauty for truth, made me happy. For a long time I believed that there was progress in the history of law, a development towards greater beauty and truth, rationality and humanity, despite terrible setbacks and retreats. Once it became clear to me that this belief was a chimera, I began playing with a different image of the course of legal history. In this one it still has a purpose, but the goal it finally attains, after countless disruptions, confusions, and delusions, is the beginning, its own original starting point, which once reached must be set off from again.
I reread the
Odyssey
at that time, which I had first read in school and remembered as the story of a homecoming. But it is not the story of a homecoming. How could the Greeks, who knew that one never enters the same river twice, believe in homecoming? Odysseus does not return home to stay, but to set off again. The
Odyssey
is the story of motion both purposeful and purposeless, successful and futile. What else is the history of law?
CHAPTER FIVE
I
BEGAN WITH
the
Odyssey.
I read it after Gertrud and I had separated. There were many nights when I couldn’t sleep for more than a few hours; I would lie awake, and when I switched on the light and picked up a book, my eyes closed, and when I put the book down and turned off the light, I was wide awake again. So I read aloud, and my eyes didn’t close. And because in all my confused half-waking thoughts that swirled in tormenting circles of memories and dreams around my marriage and my daughter and my life, it was always Hanna who predominated, I read to Hanna. I read to Hanna on tape.
It was several months before I sent off the tapes. At first I didn’t want to send just bits of it, so I waited until I had recorded all of the
Odyssey.
Then I began to wonder if Hanna would find the
Odyssey
sufficiently interesting, so I recorded what I read next after the
Odyssey,
stories by Schnitzler and Chekhov. Then I put off calling the court that had convicted Hanna to find out where she was serving her sentence. Finally I had everything together, Hanna’s address in a prison near the city where she had been tried and convicted, a cassette player, and the cassettes, numbered from Chekhov to Schnitzler to Homer. And so finally I sent off the package with the machine and the tapes.
Recently I found the notebook in which I entered what I recorded for Hanna over the years. The first twelve titles were obviously all entered at the same time; at first I probably just read, and then realized that if I didn’t keep notes I would not remember what I had already recorded. Next to the subsequent titles there is sometimes a date, sometimes none, but even without dates I know that I sent Hanna the first package in the eighth year of her imprisonment, and the last in the eighteenth. In the eighteenth, her plea for clemency was granted.
In general I read to Hanna the things I wanted to read myself at any given moment. With the
Odyssey,
I found at first that it was hard to take in as much when I read aloud as when I read silently to myself. But that changed. The disadvantage of reading aloud remained the fact that it took longer. But books read aloud also stayed long in my memory. Even today, I can remember things in them absolutely clearly.
But I also read books I already knew and loved. So Hanna got to hear a great deal of Keller and Fontane, Heine and Mörike. For a long time I didn’t dare to read poetry, but eventually I really enjoyed it, and I learned many of the poems I read by heart. I can still say them today.
Taken together, the titles in the notebook testify to a great and fundamental confidence in bourgeois culture. I do not ever remember asking myself whether I should go beyond Kafka, Frisch, Johnson, Bachmann, and Lenz, and read experimental literature, literature in which I did not recognize the story or like any of the characters. To me it was obvious that experimental literature was experimenting with the reader, and Hanna didn’t need that and neither did I.
When I began writing myself, I read these pieces aloud to her as well. I waited until I had dictated my handwritten text, and revised the typewritten version, and had the feeling that now it was finished. When I read it aloud, I could tell if the feeling was right or not. And if not, I could revise it and record a new version over the old. But I didn’t like doing that. I wanted to have my reading be the culmination. Hanna became the court before which once again I concentrated all my energies, all my creativity, all my critical imagination. After that, I could send the manuscript to the publisher.
I never made a personal remark on the tapes, never asked after Hanna, never told her anything about myself. I read out the title, the name of the author, and the text. When the text was finished, I waited a moment, closed the book, and pressed the Stop button.
CHAPTER SIX
I
N THE FOURTH
year of our word-driven, wordless contact, a note arrived. “Kid, the last story was especially nice. Thank you. Hanna.”
It was lined paper, torn out of a notebook, and cut smooth. The message was right up at the top, and filled three lines. It was written in blue smudged ballpoint pen. Hanna had been pressing hard on the pen; the letters went through to the other side. She had also written the address with a great deal of pressure; the imprint was legible on the bottom and top halves of the paper, which was folded in the middle.
At first glance, one might have taken it for a child’s handwriting. But what is clumsy and awkward in children’s handwriting was forceful here. You could see the resistance Hanna had had to overcome to make the lines into letters and the letters into words. A child’s hand will wander off this way and that, and has to be kept on track. Hanna’s hand didn’t want to go anywhere and had to be forced. The lines that formed the letters started again each time on the upstroke, the downstroke, and before the curves and loops. And each letter was a victory over a fresh struggle, and had a new slant or slope, and often the wrong height or width.
I read the note and was filled with joy and jubilation. “She can write, she can write!” In these years I had read everything I could lay my hands on to do with illiteracy. I knew about the helplessness in everyday activities, finding one’s way or finding an address or choosing a meal in a restaurant, about how illiterates anxiously stick to prescribed patterns and familiar routines, about how much energy it takes to conceal one’s inability to read and write, energy lost to actual living. Illiteracy is dependence. By finding the courage to learn to read and write, Hanna had advanced from dependence to independence, a step towards liberation.
Then I looked at Hanna’s handwriting and saw how much energy and struggle the writing had cost her. I was proud of her. At the same time, I was sorry for her, sorry for her delayed and failed life, sorry for the delays and failures of life in general. I thought that if the right time gets missed, if one has refused or been refused something for too long, it’s too late, even if it is finally tackled with energy and received with joy. Or is there no such thing as “too late”? Is there only “late,” and is “late” always better than “never”? I don’t know.
After the first note came a steady stream of others. They were always only a few lines, a thank you, a wish to hear more of a particular author or to hear no more, a comment on an author or a poem or a story or a character in a novel, an observation about prison. “The forsythia is already in flower in the yard” or “I like the fact that there have been so many storms this summer” or “From my window I can see the birds flocking to fly south”—often it was Hanna’s note that first made me pay attention to the forsythia, the summer storms, or the flocks of birds. Her remarks about literature often landed astonishingly on the mark. “Schnitzler barks, Stefan Zweig is a dead dog” or “Keller needs a woman” or “Goethe’s poems are like tiny paintings in beautiful frames” or “Lenz must write on a typewriter.” Because she knew nothing about the authors, she assumed they were contemporaries, unless something indicated this was obviously impossible. I was astonished at how much older literature can actually be read as if it were contemporary; to anyone ignorant of history, it would be easy to see ways of life in earlier times simply as ways of life in foreign countries.
I never wrote to Hanna. But I kept reading to her. When I spent a year in America, I sent cassettes from there. When I was on vacation or was particularly busy, it might take longer for me to finish the next cassette; I never established a definite rhythm, but sent cassettes sometimes every week or two weeks, and sometimes only every three or four weeks. I didn’t worry that Hanna might not need my cassettes now that she had learned to read by herself. She could read as well. Reading aloud was my way of speaking to her, with her.
I kept all her notes. The handwriting changed. At first she forced the letters into the same slant and the right height and width. Once she had managed that, she became lighter and more confident. Her handwriting never became fluid, but it acquired something of the severe beauty that characterizes the writing of old people who have written little in their lives.
CHAPTER SEVEN
A
T THE TIME
I never thought about the fact that Hanna would be released one day. The exchange of notes and cassettes was so normal and familiar, and Hanna was both close and removed in such an easy way, that I could have continued the situation indefinitely. That was comfortable and selfish, I know.
Then came the letter from the prison warden.
For years you and Frau Schmitz have corresponded with each other. This is the only contact Frau Schmitz has with the outside world, and so I am turning to you, although I do not know how close your relationship is, and whether you are a relative or a friend.
Next year Frau Schmitz will again make an appeal for clemency, and I expect the parole board to grant the appeal.
She will then be released quite shortly—after eighteen years in prison. Of course we can find or try to find her an apartment and a job; a job will be difficult at her age, even though she is in excellent health and has shown great skill in our sewing shop. But rather than us taking care of her, it would be better for relatives or friends to do so, to have the released prisoner live nearby, and keep her company and give her support. You cannot imagine how lonely and helpless one can be on the outside after eighteen years in prison.
Frau Schmitz can take care of herself quite well, and manages on her own. It would be enough if you could find her a small apartment and a job, visit her, and invite her to your house occasionally during the first weeks and months and make sure she knows about the programs offered by the local congregation, adult education, family support groups, and so on.
It is not easy, after eighteen years, to go into the city for the first time, go shopping, deal with the authorities, go to a restaurant. Doing it with someone else helps.
I have noticed that you do not visit Frau Schmitz. If you did, I would not have written to you, but would have asked to talk to you during one of your visits. Now it seems as if you will have to visit her before she is released. Please come and see me at that opportunity.
The letter closed with sincere greetings which I did not think referred to me, but to the fact that the warden was sincere about the issue. I had heard of her; her institution was considered extraordinary, and her opinion on questions of penal reform carried weight. I liked her letter.
But I did not like what was coming my way. Of course I would have to see about a job and an apartment, and I did. Friends who neither used nor rented out the apartment attached to their house agreed to let it to Hanna at a low rent. The Greek tailor who occasionally altered my clothes was willing to employ Hanna; his sister, who ran the tailoring business with him, wanted to return to Greece. And long before Hanna could have used them, I looked into the social services and educational programs run by churches and secular organizations. But I put off the visit to Hanna.
Precisely because she was both close and removed in such an easy way, I didn’t want to visit her. I had the feeling she could only be what she was to me at an actual distance. I was afraid that the small, light, safe world of notes and cassettes was too artificial and too vulnerable to withstand actual closeness. How could we meet face to face without everything that had happened between us coming to the surface?
So the year passed without me going to the prison. For a long time I heard nothing from the warden; a letter in which I described the housing and job situation for Hanna went unanswered. She was probably expecting to talk to me when I visited Hanna. She had no way to know that I was not only putting off this visit, but avoiding it. Finally, however, the decision came down to pardon and release Hanna, and the warden called me. Could I come now? Hanna was getting out in a week.