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Plato and Natural Law Theory

In Arts & Letters, Communism, Humanities, Jurisprudence, Law, Literary Theory & Criticism, Literature, Philosophy, Western Philosophy on March 27, 2013 at 8:45 am

Allen Mendenhall

Natural law theory, at its essence, is not far removed, conceptually at least, from Plato’s theory of forms.  According to Plato, only the philosopher kings are equipped and trained intellectually to comprehend the true forms as opposed to the sensible forms that are readily understandable in the phenomenal world.  These philosopher kings can grasp the Form of the Good, for instance, which is the fountainhead from which flow all true forms, including knowledge, truth, and beauty.  But how are we to know who these philosopher kings are?  How are we to distinguish them from charlatans?  And why should the polis uncritically accept the supposedly sound judgments and determinations of those who cannot prove to us their purportedly superior faculties?

There is no ideal city, no Platonic Utopia, nor even a realm approaching the character of Magnesia.  Plato’s communistic fantasies have never been achieved,[1] and the disenchantment one senses in The Laws differs markedly from the tone and confidence exuded in The Republic. It is as if Plato, having aged, realized the dreaminess of his younger vision in The Republic and wished to correct the record, even though he did not go far enough.  At least in The Laws he acknowledged that the first principle of politics is to attain peace; the absence of military conflict ought to be the chief aim of the legislator; judges are another matter.

Plato seems to have continued to admire tyranny, despite his criticism of tyrants in The Laws, for elsewhere in that work he discusses how leaders ought to create an obedient disposition among the citizens.  Commonplace though that proposition may sound, it suggests that the State and its politicians should condition citizens to act for the good of the State.  The problem is that the State is made up of those who live off the citizens, so unchecked obedience to the State means that the citizens ensure their perpetual subordination to those who exploit citizen labor.  It is little wonder that the Platonic State devotes itself to educating the young, for the State must guarantee that there are future generations of uncritical followers to take advantage of.

This is not to suggest that Plato’s works are without truth, only that they are underdeveloped and often misguided.  Aristotle seems to have thought so, too.  The free polis is a multifaceted collection of networks bound together by the voluntary acts of free agents whose rules of habit and exchange exist separately from legislative fiat.


[1] Aristotle himself recognizes that Plato lacks a proper understanding of unity because Plato treats it in terms of property ownership because it is contracted by experience.  “[A]though there is a sense in which property ought to be common,” says Aristotle, “it should in general be private.  When everyone has his own separate sphere of interest, there will not be the same ground for quarrels; and they will make more effort, because each man will feel that he is applying himself to what is his own.” Aristotle, The Politics (Translated by Ernest Barker; Revised with an Introduction by R. F. Stanley). Oxford and New York: Oxford University Press, 1995. P. 47.

To Educate in the Permanent Things

In Arts & Letters, Books, Essays, Fiction, History, Humanities, Literary Theory & Criticism, Literature, Politics, Walt Whitman, Western Philosophy, Writing on March 20, 2013 at 8:18 am

Allen Mendenhall

This article originally appeared here in The American Spectator.

In his State of the Union address last month, President Obama proposed changes to preschool, high school, and college education, respectively. His proposals generated praise and condemnation from the predictable cheerleaders and naysayers. Some celebrated his efforts to expand early childhood education; others suggested that he should have focused more on the student loan crisis; still others, not to be outdone, pointed to school funding, teacher salaries, grading, standardized testing, technology, and foreign study as the pressing issues that he neglected to address with sufficient detail.

Everyone, it seems, has an opinion about how to improve American education from the top down. But positive change rarely happens through centralized design; it arises spontaneously through the interaction of human agents operating within and among social groups. The State cannot plan and then promulgate a proper education, and legislative enactments cannot reflect the mores and traditions of local groups with differing standards and expectations. The most prudent and humble proposals for improving education are not couched in statist, Platonic terms about civic education and human perfection; instead, they approach learning modestly, on the individual level. They entail the everyday interactions between teachers and students. They are not stamped with the approval of politicians, unions, think tanks, or interest groups.  They take place in the classroom, not the public square. A teacher anywhere, whatever his station, school, or background, can implement them in his course without disrupting the pace or provoking the ire of the educational establishment. The best of these, because it is so easily executed, is simply to teach what T.S. Eliot, and Russell Kirk after him, called “permanent things.”

The permanent things are the inherited principles, mores, customs, and traditions that sustain humane thinking and preserve civilized existence for future generations; their canonization in literary, philosophical, religious, and historical texts happened and is happening in slow degrees. We can trace the permanent things through curricula that emphasize the ultimate values of prosperous societies. An informed, laborious study of the perennial themes and archetypal patterns in what are variously denominated as the Great Works, the Western Canon, or the Classics can help us to organize and make sense of the permanent things. There are those who would object that this approach seems too hopeful and ideal. But no one has suggested it as a panacea, of which there are none, and anyway, is there a proposal that could be simpler, more straightforward, and more workable than assigning and discussing the Great Works?

As early as 1948, Eliot remarked that “there is no doubt that in our headlong rush to educate everybody, we are lowering our standards, and more and more abandoning the study of those subjects by which the essentials of our culture—of that part of it which is transmittable by education—are transmitted; destroying our ancient edifices to make ready the ground upon which the barbarian nomads of the future will encamp in their mechanized caravans.” It might be asked just who these barbarian nomads are and why we ought not to welcome their cultural practices and assumptions. The barbarian nomads could be, I think, any group lacking in historical perspective and mostly ignorant of the illuminating continuities that have guided our weightiest and most imaginative thinkers. The practices and assumptions of these nomads are not grounded in lived experience but aimed at utopian projects such as ensuring equality, creating fundamental rights, or eliminating poverty, and, to the extent that these practices and assumptions deviate from enduring norms, they cannot be said to have flourished ever.

To study the permanent things, on the other hand, is to consider the prevailing and profound ideas from certain times and schools in relation to other such ideas from various times and schools throughout successive eras. It is to map the course of perennial ideas to examine how they apply to different settings and generations. It is both sequential and diachronic in its approach. Its chief benefit is to put ideas into context, which is to say that it is to make us aware of our own presuppositions and perspectives that necessarily arise from our social, cultural, and historical situation.  Each thinker lives in his own specific era and place and cannot gain knowledge in a vacuum outside of time; our era and place shape the manner in which we think and restrict our ability to imagine conditions beyond our immediate and tangible experience.

This is not to submit that our ideas are determined for us, only that we enter into experience with certain perceptions that we have no control over. They are there because of the conditions present at the time and space in which we exist.  A sustained study of the permanent things will show us that our perceptions are not totally alien from those of our predecessors, although the respective perceptions are different. It also teaches us to compensate for our prejudices and to avoid thinking that our necessarily limited perspectives are unconditionally true and universally acceptable, even if they have verifiable antecedents. It reveals, as well, that schools of thought cannot simply be deemed later versions of earlier schools just because the two are in agreement about certain points. Finally, although we cannot escape those presuppositions that are embedded in our thought and culture, being alert to their probable existence can counteract their possible effect.

A rigorous study of the permanent things provides a lodestar for evaluating particular ideas against that which has been tested and tried before. Ideas that seem new always have traceable antecedents, and individuals equipped with a fundamental knowledge of the permanent things are able to situate purportedly novel ideas alongside their forerunners. These individuals recognize that change is not always progress; sometimes it is decline, deterioration, or decay. Only a sense of the continuities of history and thought can demonstrate the difference. Our political pedants in general and President Obama in particular insist on recognizing and implementing new institutions as if a radical departure from historic standards and established customs is itself the mark of good and lasting policy. Yet the permanent things show that even the most exceptional thinkers, those who represent the spirit of their age, whatever that might have been or might be, are part of a greater tradition.

It may be true that to study a particular thinker’s cultural milieu and biography is requisite to placing his ideas into their proper context and to highlighting the unacceptable premises of his philosophy; nevertheless, cautious interpreters ought to consider whether his thoughts necessarily lead to certain consequences, or whether the events that seem related to his thoughts arose accidentally, apart from his philosophy. Put another way, the cautious interpreter must carefully consider causation: whether theories actually generate particular circumstances, or whether those circumstances would have come to pass regardless of what the thinker spoke or wrote. Mussolini, for instance, praised William James, but it does not follow that anything James said or wrote endorses or enables fascism. He who would suggest otherwise betrays an ignorance of James’s work. The permanent things can help us to distinguish the true forms and implications of an individual’s thought from their appropriations by hostile forces.

By studying the permanent things, moreover, we learn that we cannot achieve the proper education through mere funding; nor does the solution to schooling gridlock and setbacks come from student aid, dress codes, student evaluations, tuition, or whatever. These issues begin to seem fleeting and trivial to one with an historical sense. They are at most temporary struggles, and although they are important, as all struggles are important, we are not to subordinate liberal learning to them. The best way to achieve the liberal learning necessary to make important and meaningful distinctions about our complex world is, as I have suggested and as it bears repeating, through a holistic, painstaking exploration of the permanent things. This means not only reading the Great Works for their content, but analyzing them in light of their place in history.

The beauty of this approach is that anyone can carry it out; the wisdom of it lies in its civilizing effects. Whether one is a homeschooling parent, a public school teacher, the leader of a local book club, or simply a curious-minded autodidact, the permanent things are available to him in texts, waiting to be sifted through and analyzed. It is true that there is disagreement as to what constitutes a Great Work and by what criteria, but it does not take more than research and commonsense empiricism to discern which pre-twentieth century texts have withstood the test of time. Teaching the permanent things does not require a large-scale, bureaucratic, administrative overhaul. It does not demand central planning or the implementation of mass, curricular programs; it can be accomplished through decentralized networks of concerned individuals. If parents would teach their children, friends their friends, colleagues their colleagues, and so on, we would in the aggregate become a more literate, astute, and informed society. And as our politicians lecture us about our duties even as they demand our money, we can take comfort in the proverb that these things too shall pass.

Joyce Corrington Publishes the Work of Late Husband John William Corrington

In Arts & Letters, Books, Fiction, Humanities, John William Corrington, Joyce Corrington, Literature, Poetry, Southern History, Television Writing, The South, Writing on March 13, 2013 at 8:45 am

Joyce Corrington, pictured above, has made her late husband John William “Bill” Corrington’s book The Upper Hand available on Amazon as a Kindle e-book. Click here to view or purchase this book.

Even more important, she has collected John William Corrington’s poems into a book. Click here to view or purchase this book. This is the first publication of Corrington’s collected poems, and Joyce is delighted to make them available to the public and future scholars.

Joyce Corrington is a writer who, with her late husband John William “Bill” Corrington, wrote several films, including The Omega Man (1970), Box Car Bertha (1971), and The Battle for the Planet of the Apes (1973). Also with Bill Corrington, she co-authored four novels: So Small a Carnival (1986), A Project Named Desire (1987), A Civil Death (1987), and The White Zone (1990). She was head writer for such television series as Search for Tomorrow, Texas, General Hospital and Superior Court, and she has been a co-executive producer for MTV’s The Real World. She holds a Ph.D. from Tulane University. Her latest book, Fear of Dying, is available in both Kindle e-book and paperback format. Formerly a Malibu resident, she now resides in New Orleans.

To read more about John William Corrington, click here to read this profile.

Žižek and Agamben’s Homo Sacer

In Arts & Letters, Books, Humanities, Law, Literary Theory & Criticism, Philosophy, Politics, Postmodernism, Western Philosophy on March 6, 2013 at 8:45 am

Allen Mendenhall

“The problem with Rumsfeld’s blunt statement [that the American goal was to kill as many Taliban soldiers and al-Qaeda members as possible], as with other similar phenomena like the uncertain status of the Afghan prisoners at Guantanamo Bay, is that they seem to point directly to Agamben’s distinction between the full citizen and Homo sacer who, although he or she is alive as a human being, is not part of the political community.”

                   —Slavoj Žižek, Welcome to the Desert of the Real

Whatever else it is, Giorgio Agamben’s philosophy is anti-authoritarian and anti-totalitarianism.  Slavoj Žižek draws from Agamben to round out Welcome to the Desert of the Real.  Specifically, Žižek draws from Agamben’s theories about homo sacer and “the state of exception,” the latter of which Agamben borrows from the German jurisprudent Carl Schmitt.  In his book Homo Sacer, Agamben adopts Pompeius Festus’ definition of homo sacer as “the one whom the people have judged on account of a crime,” and the one who cannot be sacrificed, but can be killed without legal consequence.[1]

Agamben suggests that homo sacer is bound up with notions of sovereignty.  Sovereignty is determined by what is included and what is excluded from the jurisdiction of a sovereign.  Although a sovereign has the power to suspend the validity of law and, therefore, to stand outside the law, the sovereign may lose that privilege and become the sacred man who no longer has rights granted and secured by the polis, and who may be killed, but not sacrificed.  According to this paradigm, the sovereign is a man—a king or a monarch—who embodies statehood and sovereignty.  The body of this man is itself the site of law so long as the man remains the sovereign; as soon as the man is no longer sovereign, his body ceases to be the site of the law.

Žižek seems less concerned with the idea of sovereignty implicated by the term homo sacer.  He focuses, instead, on the “outsider,” “fugitive,” or “noncitizen” aspect of homo sacer.  He defines today’s homo sacer as “the privileged object of humanitarian biopolitics: the one who is deprived of his or her full humanity being taken care of in a very patronizing way.”  Žižek’s examples of today’s homo sacer include John Walker, the American who fought with the Taliban; the sans papers in France; the inhabitants of the favelas in Brazil; people in the African-American ghettos in the United States; an American war plane flying above Afghanistan; and others.  None of these examples describes groups or persons who once enjoyed the power of a sovereign.  All of these groups or persons have in common an ambiguous status in relation to the law of the polis.

Žižek shares with Agamben the notion that homo sacer is, or can be, the embodiment of the state of exception: the one who is excluded from the polis, who neither makes laws nor enjoys the protection of laws.  By sidestepping Agamben’s proposition that the sovereign body is the constitution of sovereignty—a move that might have to do with Žižek’s criticism of Agamben as wedded to the dialectics of the Enlightenment and to Foucault’s disciplinary power or biopower—Žižek is able to raise profound and troubling questions about the status of every one of us regarding homo sacer.  He asks, for instance, “What if the true problem is not the fragile status of the excluded but, rather, the fact that, on the most elementary level, we are all ‘excluded’ in the sense that our most elementary, ‘zero’ position is that of an object of biopolitics, and that possible political and citizenship rights are given to us as a secondary gesture, in accordance with biopolitical strategic considerations?”  Žižek does not answer this question, but the answer, disturbing as it is, seems implied in the question.


[1] Giorgio Agamben.  Homo Sacer: Sovereign Power and Bare Life.  Stanford University Press, 1995.  Pg. 71.