Judgment: Public and Private, Finite and Infinite (Theopolitical Reflections on Nolan’s Dark Knight Trilogy, Pt. 2)

(Warning: This post contains spoilers for The Dark Knight, Batman Begins, and Memento, but NOT The Dark Knight Rises)

We ended the first installment asking why Rachel’s admonition to Bruce in Batman Begins that revenge is “never the same” as justice should always hold true.  What if the public system of justice is broken, and only the private individual can set wrongs right?

Here we can turn back to O’Donovan for illumination.  The proper object of judgment, he says, is a “new public context, and in this way judgment is distinct from all actions that have as their object a private or restricted good.”  Harvey (or Wayne at the beginning of the trilogy) might contend that they do have the public good in mind, however much it may appear to be a mere private vendetta.  But in any case, this is not enough for legitimacy: “A political act with political authority occurs where not only the interests of the community are in play, but the agency of the community as well.”  Why is this so important? 

“Political judgment prevents the fragmentation of the public space into myriad private spaces, each construed according to the differing perceptions and emotions of individual agents.  This is necessary because the dissolution of the common world into mutual incomprehension is always possible.  The alternative to public judgment is not no judgment, but private judgments, multitudinous and conflicting, frustrating each other and denying everyone the space of freedom.  ‘There was no king in Israel; everyone did what was right in his own eyes’ (Judg. 21:25).  A private person acting only on his or her own behalf could not establish a new public context, and so could not perform an act of political judgment.  The private act of vengeance, even if it is intended to serve the common good, is not done ‘on behalf of’ the community.  There was a popular story-line used by more than one author in the heyday of the detective story, which concerned a public-spirited individual resolved, in a spirit of disinterested justice, to settle society’s unpaid debts by killing off its unpunished murderers.  The pleasing paradox in the idea was that the objects of this disinterested justice inevitably became victims rather than executed criminals.  Such informal dealings could never give society what it needs in response to crime, which is judgment.” (23-24)  

This “popular story-line” is of course one construal of Harvey Two-Face’s determination to hunt down the corrupt cops who colluded with the Joker’s schemes.  Such a resort to private judgment, “construed according to the perceptions and emotions of an individual agent,” cannot in the end remain a judgment according to truth, as Nolan is keen to show us. Read More