I recently came across a high-profile petition addressed to the Swiss courts, asking for the release of Roman Polanski. It was written more than a month ago by the French philosopher Bernard-Henri Lévy and was signed by Salman Rushdie, Milan Kundera, Mike Nichols, and Paul Auster, among other celebrities. Take a look:
Are artists and intellectuals doomed always to embarrass themselves so thoroughly in matters of this kind? Are smart people really so stupid?Apprehended like a common terrorist Saturday evening, 26 September, as he came to receive a prize for his entire body of work, Roman Polanski now sleeps in prison.
He risks extradition to the United States for an episode that happened years ago and whose principal plaintiff repeatedly and emphatically declares she has put it behind her and abandoned any wish for legal proceedings.
Seventy-six years old, a survivor of Nazism and of Stalinist persecutions in Poland, Roman Polanski risks spending the rest of his life in jail for deeds which would be beyond the statute of limitations in Europe.
We ask the Swiss courts to free him immediately and not to turn this ingenious film-maker into a martyr of a politico-legal imbroglio that is unworthy of two democracies like Switzerland and the United States. Good sense, as well as honour, require it.
This morally lofty letter can't withstand the smallest bit of moral scrutiny. Forget the idiotic opening line, with its implicit complaint that Polanski was treated commonly and not like the sort of person who is friends with Bernard-Henri Lévy -- and that, by arresting him before an awards ceremony, the police deviated from some gentlemanly code of honor that officers of the law should be obliged to follow when arresting rapists. Forget the trite and simplistic suggestion that the Nazis or the Stalinists caused Polanski to rape that 13-year-old -- or that, in surviving those villains, he accumulated such a stockpile of suffering as to offset any future wrongdoing on his part. Forget even that the subject and the verb disagree in the last sentence. (Seriously?)
The real embarrassment is that phrase in the penultimate sentence: "ingenious film-maker." When I began reading the letter, I was truly hoping Lévy could make it to the end without bringing that up. Yes, Polanski is an ingenious filmmaker, but can someone tell me how that is the least bit relevant?
Everyone who values art knows the frustration of hearing philistines try to discredit a great artist by bringing up unpleasant details of his life (he was a racist, a sexist, an anti-Semite). We know that a novel or poem is good or bad irrespective of the private misdeeds or kindnesses of its author. Indeed, I would venture to guess that every person who signed Lévy's letter knows this. But if a bad life cannot make great art less great, then it follows that great art cannot make a bad life less bad. So when we're talking about Roman Polanski's life, it doesn't matter that Chinatown and Tess were terrific films.
This seems pretty elementary to me, and perhaps not even those who signed this letter would argue against it, but by tossing in that ostensibly casual reference to Polanski's brilliance, Lévy tacitly makes an opposing claim: Roman Polanski is a genius, and that must be considered. He exposes the foolish reason why he and his cosigners are really on the criminal's side. Polanski is an artist, and they like his movies. Who would petition for the release of a garbageman who sodomized a 13-year-old? For a defender of Roman Polanski to have credibility, we must be able to believe that said defender would equally support a talentless, unlikable, uneducated rapist, even if the victim were that defender's own daughter. Who can believe that of a writer who, in his letter, invokes the word "film-maker" but leaves out the word "rape"?
Some commentators have pointed out that, if Polanski were not a famous filmmaker, he would not have been hunted down -- that the United States is just flexing its muscles in a high-profile case. This is correct but, ultimately, also irrelevant. If other people get away with rape, it does not follow that we must lament the one who gets caught; we might instead lament that the others get away. If what Polanski did is wrong, then it is wrong no matter how vainglorious his accuser.
The irony of Lévy's protest is that it's more likely to harm Polanski's cause than to help it. In general, people detest the frivolous moral posturing of the intelligentsia, and it probably has aggravated public anger toward Polanski.
Surely there are better reasons to wish for his freedom than the ones insinuated by Lévy. I, too, would prefer to see Polanski freed -- I suspect that he's not a threat to anyone anymore, and I can't say that he deserves to go to jail for what he did, because I have no idea what he or anybody else deserves. I don't think anyone, even a judge, knows what anyone deserves. To me, the only use of a prison is to restrain those whose crimes suggest that they would otherwise be likely to cause harm -- I do not trust it to be an instrument of "justice."
I discovered Lévy's petition in the London Review of Books, which has published a good article by Jenny Diski, in which she discusses Polanski's case in relation to the rape she suffered as a 14-year-old. She suggests that all of us, even Polanski's fans, should face up honestly to what the director did (I agree) and that we "shouldn't worry too much about Polanski's present sleeping arrangements." I don't know about the last part -- as it happens, I don't spend much time worrying about Polanski's sleeping arrangements or anyone else's except my own, but I think I probably should. Maybe this is too easy for me to say, but just as I can't be sure what fate Polanski deserves, I can't really be sure that he deserves less of our concern than others do. I am sure, however, that he does not deserve more of it for having directed excellent movies.