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.