Allen Porter Mendenhall

Posts Tagged ‘free market’

Book Review: Paul Cantor and Stephen Cox’s Literature and the Economics of Liberty

In Law-and-Literature, Humane Economy, Literary Theory & Criticism, Book Reviews, Politics, Arts & Letters, Libertarianism, Austrian Economics, Western Civilization, History, Novels, Economics, Conservatism, Communism, Humanities, Liberalism, Fiction, Literature, Essays, Philosophy, Western Philosophy on January 23, 2012 at 4:53 am

Allen Mendenhall

The following book review originally appeared here in the Fall 2010 issue of The Independent Review.

Humans are not automated and predictable, but beautifully complex and spontaneous. History is not linear. Progress is not inevitable. Our world is strangely intertextual and multivocal. It is irreducible to trite summaries and easy answers, despite what our semiliterate politicians would have us believe. Thinking in terms of free-market economics allows us to appreciate the complicated dynamics of human behavior while making sense of the ambiguities leading to and following from that behavior. With these realities in mind, I applaud Paul Cantor and Stephen Cox for compiling the timely collection Literature and the Economics of Liberty, which places imaginative literature in conversation with Austrian economic theory.

Cantor and Cox celebrate the manifold intricacies of the market, which, contrary to popular opinion, is neither perfect nor evil, but a proven catalyst for social happiness and well-being. They do not recycle tired attacks on Marxist approaches to literature: they reject the “return to aesthetics” slogans of critics such as Allan Bloom, Harold Bloom, and John M. Ellis, and they adopt the principles, insights, and paradigms of the Austrian school of economics. Nor do Cantor and Cox merely invert the privilege of the terms Marxist and capitalist (please excuse my resort to Derridean vocabulary), although they do suggest that one might easily turn “the tables on Marxism” by applying “its technique of ideology critique to socialist authors, questioning whether they have dubious motives for attacking capitalism.” Cantor and Cox are surprisingly the first critics to look to Austrian economics for literary purposes, and their groundbreaking efforts are sure to ruffle a few feathers—but also to reach audiences who otherwise might not have heard of Austrian economics.

Cantor and Cox submit that the Austrian school offers “the most humane form of economics we know, and the most philosophically informed.” They acknowledge that this school is heterodox and wide ranging, which, they say, are good things. By turning to economics in general, the various contributors to this book—five in all—suggest that literature is not created in a vacuum but rather informs and is informed by the so-called real world. By turning to Austrian economics in particular, the contributors seek to secure a place for freedom and liberty in the understanding of culture. The trouble with contemporary literary theory, for them, lies not with economic approaches, but with bad economic approaches. An economic methodology of literary theory is useful and incisive so long as it pivots on sound philosophies and not on obsolete or destructive ideologies. Austrian economics appreciates the complexity and nuance of human behavior. It avoids classifying individuals as cookiecutter caricatures. It champions a humane-economy counter to mechanistic massproduction, central planning, and collectivism. Marxism, in contrast, is collectivist, predictable, monolithic, impersonal, linear, reductive–in short, wholly inadequate as an instrument for good in an age in which, quite frankly, we know better than to reduce the variety of human experience to simplistic formulae. A person’s creative and intellectual energies are never completely products of culture or otherwise culturally underwritten. People are rational agents who choose between different courses of action based on their reason, knowledge, and experience. A person’s choices, for better or worse, affect lives, circumstances, and communities. (“Ideas have consequences,” as Richard Weaver famously remarked.) And communities themselves consist of multiplicities that defy simple labels. It is not insignificant, in light of these principles, that Michel Foucault late in his career instructed his students to read the collected works of Ludwig von Mises and F. A. Hayek. Read the rest of this entry »

Excerpt from “Transnational Law: An Essay in Definition with a Polemic Conclusion”

In Arts & Letters, Austrian Economics, Conservatism, Humane Economy, Jurisprudence, Law, Law-and-Literature, Liberalism, Libertarianism, Literary Theory & Criticism, Politics, Pragmatism, Transnational Law on August 3, 2011 at 11:18 am

Allen Mendenhall

A few months ago, the Libertarian Alliance, a London-based think tank, published my paper on transnational law.  Below is an excerpt from that paper.  The piece is available for download through SSRN by clicking here, or on the website of the Libertarian Alliance by clicking here.

In 1957, reviewing Philip Jessup’s Transnational Law, James N. Hyde wrote that “[t]ransnational law is not likely to become a term of art for a new body of law.”25  Mr. Hyde was wrong.  There has been a proliferation of relatively new law journals bearing “transnational law” in their titles: Transnational Law & Contemporary Problems: A Journal of the University of Iowa College of Law, Ashburn Institute Transnational Law Journal, Journal of Transnational Law & Policy, Vanderbilt Journal of Transnational Law, Transnational Law Review, and Columbia Journal of Transnational Law.  There are LLM programs in transnational law (such as the one I am in), and there are even institutes and think-tanks devoted to the study and development of transnational law.  Transnational law has in fact become the term of art for a new body of law, and here we will consider the nature and meaning of this term as well as the corpus of law it has created.  It is perhaps not coincidental that the emergence of transnational law coincided with transnational poetics26 and other transnational trends in literary criticism because the legal and literary fields always seem responsive to one another.

One of the earliest references, if not the earliest reference, to the concept of transnationalism comes from the pragmatist philosopher and student of John Dewey: Randolph Bourne.  Bourne’s use of the term “transnational” recalls William James’s notion of religious pluralism as non-absolute and non-monist.27  Bourne appears to have revised and extended James’s pragmatism to fit the political instead of the religious or philosophical context, although James himself came close to addressing the former context in “A Pluralistic Universe.”  Bourne’s essay “Trans-National America” regarded transnationalism as a cousin of cultural pluralism, the notion that differences in belief across cultures and communities may not be equally valid but can be at least equally practical.  Against essentialism, monism, and absolutism, Bourne posits a consequentialist system of polycentrism that regards multiplicity as positive and collectivism as dangerous.  Society can and should be multiple and heterogeneous, not single and homogeneous, for a one-size-fits-all polis can only materialize through the stamping out of minority views and through the erasing of distinct, regional cultures.  Put another way, Bourne transforms James’s varieties of religious experience28 into varieties of political experience.

Kenneth Burke, a literary critic, sometime student of pragmatism, and Marxist converted into a non-“ism” altogether, argued later in his life that ideology and fanaticism – by which he meant “the effort to impose one doctrine of motives abruptly upon a world composed of many different motivational situations”29 – were destructive missions incompatible with pluralism or democracy.  Burke, who remained naively critical of the free market, nevertheless refused ideologies as simplifying what cannot be simplified: human behavior.  What Burke did not realize is that free market theories, especially those of the Austrian variety, are not deterministic: they refuse to pigeonhole people or to reduce them to economic calculations; they treat humans as unpredictable and spontaneous and celebrate the sheer variety of human behavior.  My point in referencing Burke is not to systematically demolish his economic preferences but to suggest that his wide-ranging theories have positive implications for our understanding of transnationalism.  One could argue that Bourne and Burke were the earliest expositors of transnationalist theories tied to the practical world and that Jessup and others merely repackaged Bourne and Burke’s dicta.  Regardless of whether Jessup either read or credited Bourne and Burke, the theories emanating from these two literary critics would have been in circulation at Jessup’s moment in history.  Jessup, widely read as he was, probably would have encountered Bourne and Burke’s transnationalism directly or indirectly. Read the rest of this entry »

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