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Archive for November, 2011|Monthly archive page

Ciceronian Society Annual Conference, March 29-31, 2012: Call for Papers

In Arts & Letters, Conservatism, Humanities, News and Current Events, News Release, Western Civilization on November 30, 2011 at 8:27 am

 

Allen Mendenhall

The Ciceronian Society will be holding its annual meeting at the University of Virginia, March 29-31, 2012. This will be an academic conference in which panelists can present on a variety of topics related to the themes of Tradition, Place, and ‘Things Divine.’ A more elaborate description of these core-themes and their relation to the humanities is provided on the Ciceronian Society website

Possible panel themes include the following: 

 

  1.  The Relationship of Modern Thought to Tradition and the Divine. 
  2.  Greek and Roman Thought. 
  3.  Place, ‘Things Divine,’ and Tradition in Medieval Thought
  4.  Human Scale, Decentralism, and Federalism
  5.  American Thought/Experience and Tradition and Place
  6.  Literature, Localism, History, and the Divine. 
  7.  Agrarianism, Localism, and Economics 
  8.  Social-Political Theology

 

Speculations About Baudrillard

In Arts & Letters, Austrian Economics, Economics, Humane Economy, Humanities, Literary Theory & Criticism, Philosophy, Western Philosophy on November 22, 2011 at 9:54 pm

Allen Mendenhall

The following post originally appeared here at Austrian Economics and Literature.

The emancipation of the sign: remove this ‘archaic’ obligation to designate something and it finally becomes free, indifferent and totally indeterminate, in the structural or combinatory play which succeeds the previous rule of determinate equivalence. The same operation takes place at the level of labour power and the production process: the annihilation of any goal as regards the contents of production allows the latter to function as a code, and the monetary sign, for example, to escape into infinite speculation, beyond all reference to a real production, or event to a gold-standard. The floatation of money and signs, the floatation of ‘needs’ and ends of production, the floatation of labour itself—the commutability of every term is accompanied by speculation and a limitless inflation (and we really have total liberty—no duties, disaffection and general disenchantment; but this remains a magic, a sort of magical obligation which keeps the sign chained up to the real, capital has freed signs from this ‘naïvety’ in order to deliver them into pure circulation).

—Jean Baudrillard, from “Symbolic Exchange and Death”

Baudrillard’s hyperreality is fascinating. I’ve written about it here and here. I have reservations about Baudrillard, but I think his theories could be useful to libertarians and Austrian economists. What follows is merely speculation. I’m seeking feedback, not advancing an argument that I’m invested in.

What Baudrillard calls the “political economy of the sign,” economists call the “subjective theory of value.” Claiming that his term is inadequate because its signification is allusive and coded, Baudrillard seems to multiply the subjective theory of value until it (and what it evaluates: the good or service for which people exchange currency) becomes something else, something re-signified. In so doing, Baudrillard seems to mimic or participate in the very semiotic processes that he is describing.

The re-signified version of the subjective theory of value can no longer be called the subjective theory of value because the re-signified version is, to a degree, counterfeit; the same can be said of the materiality (the thing used to facilitate or complete an economic transaction) constituting the monetary unit described by the subjective theory of value. Strictly speaking, the re-signified version of this theory is itself a replacement copy of the theory, just as money and other units of exchange are merely signs standing in the place of “worth.”

The subjective theory of value holds that a thing does not possess inherent worth. Instead, worth arises because of the social value that attaches to a thing. Worth, or cost, is the price which one person is willing to pay and which another person is willing to sell. Standing in contradistinction to the labor theory of value, which Baudrillard seems to pooh-pooh (perhaps because of his disaffiliation with the Marxism of his youth), the subjective theory of value maintains that worth or cost depends upon the ability of a thing to satisfy the wants of consumers. A consumer is satisfied to the extent that a thing is useful to him. Utility here is measurable in psychological and not just “practical” terms; a person may want something because it makes him feel good. What seems to bother Baudrillard is the extent to which consumers exchange goods (themselves mediated by signs and representations) to become plugged into a symbolic network rather than to satisfy an immediate need. The satisfaction is what comes with the entrance into a symbolic order.

A thing, according to this conception of value, is not worth a lot simply because a lot of people mix their labor with it. Nor is a thing worth a lot because of some essential properties or qualities it contains. Rather, thing A is worth a lot because people think it is worth a lot: because people are willing to exchange something they own (thing B or C or D) in order to own thing A.

For Baudrillard, the subjective theory of value (a term he never uses) has vast implications for the sign in the postmodern world, just as the sign has vast implications for the subjective theory of value in the postmodern world. Because the worth or value of a thing is not tied to labor, it is, in a way, as Baudrillard suggests, subject to infinite speculation and free from all reference to production. Media of exchange (e.g., money) float outside the real—which is to say, outside of material things. They became simulacra for some temporary and contingent concept of value. Perhaps more importantly, the media of exchange are themselves distorted and fabricated by structures of symbols marking various exchanges. Fiat money brings about the complete arbitrariness of the sign, which is entirely divorced from use value. The ability of a green piece of paper (speaking in terms of American dollars) to become exchangeable for products depends upon social signification; the economy itself is dominated by signs and images, which are, after all, what producers and consumers exchange for products. Read the rest of this entry »

Teaching Style

In Arts & Letters, Communication, Pedagogy, Rhetoric, Rhetoric & Communication, Teaching, Writing on November 16, 2011 at 10:13 am

Allen Mendenhall

In his essay “Teaching Style: A Possible Anatomy,” Winston Weathers mentions a “definite exercise system” whereby students learn to mimic stylistic writing models.  This exercise recalls writing emulation activities that were popular in late 19th and early 20th century America.  Recently, I have conducted some “emulation exercises” in my classes. 

I had students compare Natalia Ginsburg’s “He and I” with the draft of an essay by Michael Blumenthal (whom I met during law school and who was kind enough to show my students what a professional writer’s “rough” draft looks like).  Then the students undertook an exercise.  They picked out their favorite sentences, which were mostly the sentences they thought were the most “stylistic.”  The students wrote these sentences on the board.  They erased all the words in the sentence so that only punctuation remained.  Finally, they inserted their own words where the authors’ had been, maintaining the integrity of the sentence structure (i.e., the punctuation) but conveying an entirely different message.  After doing this with several sentences, my students, some of them at least, began to see how professional authors use colons, dashes, and semi-colons.  They began to see how professional authors use different styles.  I believe they also learned ways to experiment with syntax. 

To employ Weathers’s wording, I hope the students learned “(1) how to recognize stylistic material, (2) how to transfer this stylistic material and make it a part of compositional technique, (3) how to combine stylistic materials into particular stylistic modes, and (4) how to adapt particular stylistic modes to particular rhetorical situations” (369).  I’m not sure my exercise provided much guidance as to # 4, but it seemed to teach the lessons of # 1, # 2, and # 3. 

Since I gave this exercise, I’ve noticed one sign of improvement among my students:  they have become better readers.  They know, for instance, what style they like.  Some students preferred Ginsburg’s style to Blumenthal’s, and vice versa.  At first, they weren’t sure why, but after the exercise, they slowly gained a sense of why they liked one more than the other.  One student claimed that Ginsburg’s piece was a faster read because it had fewer commas.  This student preferred short, matter-of-fact sentences with a quick rhythm.  I don’t think he realized this preference until he did the exercise.  I later gave this student a Hemingway passage and asked, “Is this the style you like?”  The student said that, indeed, this was the style he liked, and also that he was afraid that my reading assignments were encouraging students to write sentences in a New Yorker style: long, meandering, and comma-heavy.  This last comment was interesting on many levels.

Writing instructors ought to teach or at least encourage style. 

Style is important; style can be cultivated.

 

For further reading, see Winston Weathers, “Teaching Style: A Possible Anatomy,” in The Writing Teacher’s Sourcebook, Fourth Edition.  Edited by Edward P. J. Corbett, Nancy Meyers and Gary Tate (Oxford University Press, 1999).

Southern Literary Review

In Arts & Letters, Creative Writing, Essays, Fiction, Humanities, Literary Theory & Criticism, Literature, News and Current Events, News Release, Novels, Poetry, Writing on November 13, 2011 at 12:01 pm

Allen Mendenhall

I have become the managing editor of the Southern Literary Review.  Writer and editor Phil Jason will serve as editor and publisher of the journal.  Former editors Julie Cantrell and Adele Annesi  have stepped down after a successful tenure.  They increased readership and brought on new contributors, including Sean Ennis, Kerry Madden, Matthew Simmons, Donna Meredith, Christopher Bundrick, Peter Schmitt, Paul Yarbrough, Rhett DeVane, Danielle Sellers, Abigail Greenbaum, Patricia O’Sullivan, Peggy Kassees, Heather Cousins, Niles Reddick, and Andrew McFadyen-Ketchum.

Founded in 2009, the Southern Literary Review celebrates southern authors and their contributions to American literature in general and Southern literature in particular. We feature the classic writers who have defined Southern literature, and we highlight emerging authors through interviews, profiles, and book reviews.  Please check out the journal by clicking here.  The journal will undergo updates and upgrades in the coming weeks.

BOOK REVIEW: Killing Time by John Holloway and Ronald M. Gauthier

In Advocacy, Art, Arts & Letters, Book Reviews, Creative Writing, Criminal Law, Fiction, Justice, Law, Literary Theory & Criticism, Literature, Prison, Southern History, Writing on November 8, 2011 at 9:05 pm

Allen Mendenhall

The following review originally appeared here at The Southern Literary Review just over a year ago.  Click here to view the original version in PDF.

John Hollway and Ronald M. Gauthier have written a thriller.  Unlike other thrillers, Killing Time: An 18-Year Odyssey from Death Row to Freedom (Skyhorse Publishing, 2010) is not fiction.  It is, in the authors’ words, “a true story” told in “narrative style.”  There’s an old saying: reality is stranger than fiction.  Here’s a book that proves reality is not only stranger than fiction but also, in some cases, more terrifying.  

The plot is as chilling as it is plain.  Or perhaps it is chilling because it seems plain.  An unknown man murders an Italian-American hotelier named Ray Liuzza.  Police, witnesses, and prosecutors mistake the killer for an innocent man: John Thompson, a twenty-two-year-old African American.  The crime occurs outside Ray’s apartment.  The year is 1984.  The city is New Orleans.  What follows is the bulk of the book: a police investigation, arrest, trial, sentencing, conviction, appeal, and so forth. 

Using court transcripts, depositions, media reports, interviews, letters, and other records, Hollway and Gauthier piece together a stunning story of power, law, race, and justice.  The result is a book that increasingly calls into question the instrumentalities of our criminal justice system, redeemed, at last, by two Philadelphia lawyers, Michael Banks and Gordon Cooney, who undertake Thompson’s case pro bono and who spend millions of dollars in foregone legal fees. 

Without the intervention of these two men, Thompson, who was wrongly convicted and sentenced to death, might not be alive today.  Released from prison after his exoneration, Thompson resides in Louisiana, where he is involved with Resurrection After Exoneration (REA), an organization he founded.          Read the rest of this entry »

Habermas for Law Professors

In Art, Arts & Letters, Communication, Creativity, Essays, Ethics, Habermas, Humanities, Information Design, Jurisprudence, Law, Law-and-Literature, Legal Education & Pedagogy, Legal Research & Writing, Literary Theory & Criticism, Literature, Pedagogy, Philosophy, Politics, Pragmatism, Rhetoric, Rhetoric & Communication, Teaching, Western Civilization, Western Philosophy, Writing on November 4, 2011 at 3:12 pm

Allen Mendenhall

This post is an adaptation of this printable, PDF document

This post is intended to assist law professors who wish to incorporate critical theory (in general) and Habermas (in particular) into their teaching.  This post addresses just one essay by Habermas that is representative of his thought.  It does not address other important areas of Habermasian theory such as the “public sphere” (a concept that the essay nevertheless implicates). 

This post should provide some basic insights into Habermas that could be incorporated into a law school classroom.  Contracts in particular would benefit from Habermasian analyses, which could just as constructively be applied to torts, evidence, constitutional law, or any course dealing with litigation and the courtroom.  This post provides basic information.  It does not tell law professors how to use the information.  The use will require creativity. 

 

Fundamental to the paradigm of mutual understanding is … the performative attitude of participants in interaction, who coordinate their plans for action by coming to an understanding about something in the world.  When ego carries out a speech act and alter takes up a position with regard to it, the two parties enter into an interpersonal relationship.  The latter is structured by the system of reciprocally interlocked perspectives among speakers, hearers, and non-participants who happen to be present at the time. 

        —Jürgen Habermas, “An Alternative Way Out of the Philosophy of the Subject”[1]

In a way, “An Alternative Way Out of the Philosophy of the Subject” is a response to Foucault’s theories of subjectivity that treat subjects as produced by forces of power.  Habermas seems to consider Foucault’s theories as so preoccupied with knowledge formation and structural preconditions for knowledge formation that they (the theories) become pseudoscience abstracted from practical realities.  A Foucaultian paradigm centers on subjectivity trained by mechanical forces whereas a Habermasian paradigm explores communicative reason in the context of discourse enabled by the ideations of individual subjects articulating their positions to one another in mutually intelligible utterances.       

Contra Foucault, Habermas submits that reason—articulated, assimilated, and mediated by language—must be understood as social.  For social interaction to be meaningful, its interlocutors must believe that their articulations are objectively “true” or sincere (I place “true” in quotations because the “pragmatically expanded theory of meaning overcomes [the] fixation on the fact-mirroring function of language”).  Speech must be governed by points of common understanding.  These points are reached when “ego carries out a speech act and alter takes up a position with regard to it.”  Ego, here, refers to a person’s conscious awareness that is capable of being conveyed in speech.  “Alter” does not refer to alter ego, but to some agent outside the subjective world of cognition, intention, and belief.  This “alter” is part of the external or objective world to which the ego can articulate feelings or thoughts, provided that ego and alter have in common a familiar discursive space (a lifeworld) for their subjective expressions.  By this reading, alter has an ego, and ego can be an alter.  The terms simply depend upon which subject is articulating his position in a given speech situation; the terms are merely descriptive.  

To claim that we can comprehend events or things in the world is to suggest that we can speak about them.  To speak about events or things in the world is to convey information about them from one party to another using shared vocabularies governed by rules that the parties accept unconditionally. The interpersonal relationship among or between parties, as Habermas suggests, is “structured by the system of reciprocally interlocked perspectives.”  The study of this relationship brings Habermas further away from the Foucaultian paradigms of subjectivity and towards the paradigm of mutual understanding that has come to mark Habermasian thought.  Read the rest of this entry »

BOOK REVIEW | Autobiography of Mark Twain, Vol. 1: The Complete and Authoritative Edition

In American History, Arts & Letters, Book Reviews, Essays, Fiction, History, Humanities, Liberalism, Libertarianism, Literary Theory & Criticism, Literature, Nineteenth-Century America, Novels, Politics, Rhetoric, Western Civilization, Writing on November 1, 2011 at 9:26 am

Allen Mendenhall

The following post originally appeared here at Prometheus Unbound: A Libertarian Review of Fiction and Literature.

Good things come to those who wait, the old adage goes, and the world has waited a century for Mark Twain’s autobiography, which, in Twain’s words, is a “complete and purposed jumble.”

This 760 page jumble is a good thing. And well worth the wait.

Twain, or Samuel L. Clemens, compiled this autobiography over the course of 35 years. The manuscript began in fits and starts. Twain, while establishing his legacy as a beloved humorist and man of letters, dashed off brief episodes here and there, assigning chapter numbers to some and simply shelving others. In 1906, he began making efforts to turn these cobbled-together passages into a coherent narrative. He met daily with a stenographer to dictate various reflections and then to compile them into a single, albeit muddled, document. The result was a 5,000 page, unedited stack of papers that, per Twain’s strict handwritten instructions, could not be published until 100 years after his death.

To say that we’ve waited a century to view this manuscript is only partially accurate because pieces of the manuscript appeared in 1924, 1940, and 1959. But this edition, handsomely bound by the University of California Press, and edited by Harriet Elinor Smith and others of the Mark Twain Project, is the first full, printed compilation of the autobiographical dictations and extracts. The editors, noting that “the goal of the present edition [is] to publish the complete text as nearly as possible in the way Mark Twain intended it to be published before his death,” explain that “no text of the Autobiography so far published is even remotely complete, much less completely authorial.” The contents of this much-awaited beast of a book, then, are virtually priceless; no doubt many of Twain’s previously unread or unconsidered passages will become part of the American literary canon.

Stark photographs of the manuscript drafts and of Twain and his subjects — including family members and residences — accompany this fragmentary work. The lively and at times comical prose is in keeping with the rambling style of this rambling man whom readers have come to know and appreciate for generations.  Read the rest of this entry »