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Review of James Seaton’s “Literary Criticism from Plato to Postmodernism”

In Academia, Arts & Letters, Book Reviews, Books, Essays, Fiction, Historicism, History, Humanities, Literary Theory & Criticism, Literature, Pedagogy, Philosophy, Poetry, Politics, Postmodernism, Rhetoric, Scholarship, Western Civilization, Western Philosophy, Writing on December 31, 2014 at 8:45 am

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This review first appeared here in The University Bookman.

Back when I was a pimple-faced graduate student in English and law, I ordered a book from Amazon titled Cultural Conservatism, Political Liberalism: From Criticism to Cultural Studies. The book had been out awhile, but I had only recently come across an intriguing piece by its author, James Seaton, a professor of English at Michigan State University. I read my purchase in earnest and then dashed off a complimentary email to Seaton days later. He responded, and we struck up a dialogue that continued for several years. I once visited him at the Russell Kirk Center for Cultural Renewal, where he spoke to a small crowd about George Santayana. He had just edited two of Santayana’s seminal essays for Yale University Press and had recruited Wilfred M. McClay, John Lachs, and Roger Kimball to contribute to the edition. We got along swimmingly, and Annette Kirk ensured that he and I had time alone to discuss whether I should apply to a doctoral program in English or continue down the path of the law.

Literary Criticism from Plato to Postmodernism has all the themes and qualities that first drew me to Seaton. It is a collection of Seaton’s latest essays and reviews revised and synthesized into a comprehensive case for humanistic inquiry. Amplifying his arguments from Cultural Conservatism, Political Liberalism and reformulating his principles about the value of literature to society, Seaton continues to undercut the discipline of cultural studies, which he decries for its “obligatory leftism.” His leading contribution—the subject about which he stands to forge new directions in the field of literary criticism—is to revitalize old contributions, namely, the humanistic tradition as defined by Irving Babbitt and as represented by Aristotle, Alexander Pope, Samuel Johnson, Matthew Arnold, Henry James, Edmund Wilson, Lionel Trilling, and Ralph Ellison. Chapters Two and Four are profitable beginnings of this project because they explain which critics (William Wordsworth and Samuel Taylor Coleridge) and which schools of criticism (Romanticism, Marxism, and the New Criticism) fall outside the humanistic tradition. These chapters, Four especially, are exciting, provocative, and significant. They supply the basis and much of the substance for the rest of the book and suggest that literature is not an agent of ideology, nor literary theory a master key that unlocks the door to grand solutions for political, scientific, and economic problems.

For those who are uninterested or unversed in literary criticism, however, reading Seaton will be like watching strategic athletic maneuvers—swing! parry! dive!—without a sense of what’s at stake in a sporting match whose tactics and rules are unknown. From the start he frames his argument with Plato and Aristotle, but today’s graduate students in English will be unclear what these men mean for the larger project of humanism or why they matter to contemporary audiences. With the exception of the Norton anthologies, most accounts of literary criticism in popular anthologies begin with Nietzsche in the late nineteenth century or with the New Critics in the early twentieth. The pinnacle of influence for these late critics roughly coincides with the development of English departments as institutions. To begin at the beginning—with the Greeks—will disorient those trained to look back at the literary canon through the prism of “contemporary” theories.

This remark is not a reproach of Seaton but of current literary studies; the chief merit of Seaton’s methodology is to demystify literary studies and to affirm there’s nothing new under the sun: the latest theories have definite antecedents (not necessarily good ones) and can be mapped by their continuity with other methodologies. Marxists of the Frankfurt School such as Herbert Marcuse, for example, follow in the wake of Plato: “Just as Plato had insisted on the necessity of censorship in his ideal Republic, Marcuse argued that suppression of free speech was required in the twentieth century for the establishment of what he considered true freedom.”

Seaton’s knack for classification emerges forcefully in the opening chapter. Here he arranges under three heads the whole history of literary criticism: the Platonic, the Neoplatonic, and the Aristotelian. He defines literary criticism as “a continuing conversation” among these three traditions inspired by just two Greek men. Adhering to the third category, the Aristotelian, which he calls humanistic, Seaton rejects the first because it questions the aesthetic value of literature, distrusts the sensory effects of literature, and treats great works as mere symptoms of ideological structures or institutions. “The philosophy of the Republic,” Seaton explains, “leaves no room for judging poetry according to literary excellence; all that counts is its political and social impact.” Seaton rejects the second, the Neoplatonic, for defending literature and poetry on the narrow and quixotic “basis of the moral and spiritual elevation it made possible.”

By contrast, Seaton submits, the “humanistic view of literature” might be “a middle way between the Platonic condemnation of art and literature and the Neoplatonic elevation.” The humanistic view “remains Aristotelian” because it considers “literature as a source of insight about human life” and is willing “to judge grand theory by the norms of common sense.” While Plato would expel poetry and theater from his ideal Republic, segregate poetry from philosophy, and train his Guardians to submit their virtues to the service of the State, Aristotle calls for “individual judgment about the literary merit and relevance to human life of particular works from audiences and certainly from would-be critics.” Neoplatonist overstatement about the manner in which “poetry brings us closer to the divine” also finds no place in Aristotelian humanism, which modestly maintains that literature “can tell us important things about human life but little about the universe.” Humanists write of the person as the person: they turn to literature to learn and to teach how to live well and wisely without fancying transcendental essences or utopian abstraction. The very crux of Aristotelian humanism is that “the importance of literature is linked to the significance of human life itself,” not to the political, ideological, or religious convictions that a work of literature implicates.

The triadic paradigm (Aristotelian, Platonist, Neoplatonist) may seem reductive, and indeed it is, but such reduction establishes recognizable classifications that encompass a diversity of interests and approaches while shaping a vocabulary for arranging distinctive properties into taxonomies to set apart certain authors and texts. Despite his skill for categorizing and simplifying schools of literary criticism, Seaton is steadfast that literary criticism is distinct in function and form from science: the former is as much an art as the art it explicates, whereas the latter is an empirical discipline that ascertains the natural rules of the phenomenal world by gathering and testing concrete data, building consensus among experts, and denominating general propositions to describe observable events. The contrast is not as sharp or essentialist as I have portrayed it—the pragmatic tradition of Peirce, James, and Santayana falls somewhere between art and science—but the fact that literary criticism has splintered into innumerable, contradictory schools suggests that the disparate methods and judgments of literary critics are not derived from shared conditions or by recourse to the same techniques.

Criticism of the humanistic variety championed by Seaton is found today not in academic journals but in popular literary reviews and journals such as this one. It has the important civic function of educating and inspiring mass audiences. Humanism rejects the “implicit promise” of cultural studies “that adepts gain the ability to make authoritative pronouncements about all aspects of human life without going to the trouble of learning the rudiments of any particular discipline.” Humanism, instead, engages in public debate without resorting to naked polemics; its practitioners understand or at least appreciate the complexity of the cultural norms and standards of readers outside the ivory tower. Professors in the academy, on the other hand, disconnected from the lifestyles and manners and conventions of the general public, tend to write themselves into little corners, retreating from the potential scrutiny of educated laypeople and insisting that true scholarship “requires specialization on topics specific enough to allow for the production of new knowledge, not open-ended conversation about questions to which no definitive answer is possible.” Seaton’s model of humanism advocates a different errand: “to make available to the larger culture the testimony of literature on human life … by accurately assessing the literary merit of the witness.”

They waste it that do state it with no style. Seaton, accordingly, makes short work of the “dominant theorizing” that lacks “literary distinction,” and he does so with his own unique style that remains as accessible to the educated layperson as it is to professional scholars of literature. His is not the delightfully repetitious, grandstanding prose of a Harold Bloom or Richard Poirier—the type of prose that, in its very makeup, shouts down the technical writing of hyper-professionalized humanities scholarship. Yet Seaton can turn a phrase with the best of them. Although it is a subsidiary point, the notion that a critic should write in a mode many people will enjoy is the literary equivalent to popular sovereignty: the common reader, not the expert, ought to determine which works continue to be read and therefore which become canonized. Like his guides Ralph Ellison and Dwight Macdonald, Seaton, mindful of his audience, takes pains to avoid jargon even as he discusses such theorists as Max Horkheimer and Theodor Adorno whose writing is riddled with esoterica.

Seaton ends with a hopeful note: “Although the task of addressing the arguments of the dominant contemporary theories is important, the decisive answer [to the question what to do now that the dominant theories dismiss the importance of literature to life and thought] will come from the literary criticism of the twenty-first century that conveys to the general public the pleasures and insights that poems, plays, and fiction continue to make available to all those willing to attend.” Let’s hope the coming decades yield critics like Edmund Wilson and Lionel Trilling, who were “members of a humanistic tradition capacious enough to study the connections between literature and society while also insisting that poems, plays, and novels should be judged on their own merits as works of art.”

It isn’t that the political and social sphere should be off-limits to critics, only that critics should, as Seaton does, subordinate their political and social presuppositions to aesthetic judgments, the most discerning of which account for the value of imaginative literature to plain living and high thinking. The best criticism helps us to understand how literature makes life better, more meaningful, and more fulfilling. Simple as it sounds, this proposition is tremendously complex because of the tremendous complexity of life itself. Held to his own high standards, Seaton succeeds: his chapters force you to consider what role literature has played in your own development, and how that role might play out in the lives of others. Good literature is more than a material object; it’s a way of living, a crucial check on those who purport to know it all with utter certainty.

Paul H. Fry on “Freud and Fiction”

In Academia, Arts & Letters, Books, History, Humanities, Literary Theory & Criticism, Literature, Pedagogy, Philosophy, Teaching, The Academy, Western Civilization, Western Philosophy, Writing on December 26, 2014 at 8:45 am

Below is the next installment in the lecture series on literary theory and criticism by Paul H. Fry.  The previous lectures are here, here, here, here, here, here, here, here, here, here, and here.

 

 

Literature and Liberty: Essays in Libertarian Literary Criticism

In Arts & Letters, Books, Economics, Essays, Humane Economy, Humanities, Law-and-Literature, Liberalism, Libertarianism, Literary Theory & Criticism, Literature, News Release, Philosophy, Politics, Western Civilization, Western Philosophy on December 17, 2014 at 8:45 am

Literature and Liberty

A Christmas gift available here at Rowman & Littlefield’s website, here at Amazon, here at ebay, and here at Barnes & Noble.   

The economic theories of Karl Marx and his disciples continue to be anthologized in books of literary theory and criticism and taught in humanities classrooms to the exclusion of other, competing economic paradigms. Marxism is collectivist, predictable, monolithic, impersonal, linear, reductive — in short, wholly inadequate as an instrument for good in an era when we know better than to reduce the variety of human experience to simplistic formulae. A person’s creative and intellectual energies are never completely the products of culture or class. People are rational agents who choose between different courses of action based on their reason, knowledge, and experience. A person’s choices affect lives, circumstances, and communities. Even literary scholars who reject pure Marxism are still motivated by it, because nearly all economic literary theory derives from Marxism or advocates for vast economic interventionism as a solution to social problems.

Such interventionism, however, has a track-record of mass murder, war, taxation, colonization, pollution, imprisonment, espionage, and enslavement — things most scholars of imaginative literature deplore. Yet most scholars of imaginative literature remain interventionists. Literature and Liberty offers these scholars an alternative economic paradigm, one that over the course of human history has eliminated more generic bads than any other system. It argues that free market or libertarian literary theory is more humane than any variety of Marxism or interventionism. Just as Marxist historiography can be identified in the use of structuralism and materialist literary theory, so should free-market libertarianism be identifiable in all sorts of literary theory. Literature and Liberty disrupts the near monopolistic control of economic ideas in literary studies and offers a new mode of thinking for those who believe that arts and literature should play a role in discussions about law, politics, government, and economics. Drawing from authors as wide-ranging as Emerson, Shakespeare, E.M. Forster, Geoffrey of Monmouth, Henry Hazlitt, and Mark Twain, Literature and Liberty is a significant contribution to libertarianism and literary studies.

Here’s what others are saying about Literature and Liberty:

By subtitling his book “Essays in Libertarian Literary Criticism,” Allen Mendenhall situates his work within an exciting methodological approach that is still off the radar screens of most academicians.  Not since the appearance of Edward Said’s Orientalism has a new literary approach invited us to read texts from a vantage point that jolts us into recognition of deep-seated ideological undercurrents that had previously remained unnoticed, or were simply passed over in silence. … It is a pleasure to now add Mendenhall’s deftly argued and passionately engaged volume to my list of recommended readings in libertarian scholarship.— Jo Ann Cavallo, Professor of Italian and Director of Undergraduate Studies, Columbia University

The much celebrated interdisciplinarity of contemporary criticism often amounts to nothing more than the absence of grounding in any traditional intellectual discipline, literary or otherwise. By contrast, Allen Mendenhall’s book is genuinely interdisciplinary. With solid credentials in law, economics, and literature, he moves seamlessly and productively among the fields. Covering a wide range of topics—from medieval history to postcolonial studies—Mendenhall opens up fresh perspectives on long-debated critical issues and raises new questions of his own.Paul A. Cantor, Clifton Waller Barrett Professor of English, University of Virginia

Freedom is all around us, but we sometimes need expert guides to help us see it. This is exactly what the brilliant Allen Mendenhall has done with his outstanding collection of essays on the way great literary fiction interacts with the themes of human liberty. In taking this approach, he is turning certain academic conventions on their heads, finding individualism and property rights where others look for social forces and collectivist imperatives. He helps us to have a rich and deeper appreciation of the libertarian tradition and its expanse beyond economics and politics.Jeffrey Tucker, CEO of Liberty.me, Distinguished Fellow at the Foundation for Economic Education, executive editor of Laissez-Faire Books, and Research Fellow at the Acton Institute

In Literature and Liberty, Allen Mendenhall aims to expand the marketplace of ideas in literary studies to include the entire spectrum of free-market theories. His goal is to break Marxism’s monopolistic hold over economic ideas in the study of imaginative literature. In his diverse chapters, he convincingly offers multiple transdisciplinary approaches to libertarian theory that literature scholars could adopt and build upon. Celebrating individualism and freedom in place of collectivism and determinism, Mendenhall focuses on commonalities and areas of agreement with respect to free-market theories. This approach increases the probability that the ideas in this ground-breaking volume will be widely embraced by thinkers from various schools of pro-capitalist thought, including, but not limited to Classical Liberalism, the Austrian School, the Judeo-Christian perspective, the Public Choice School, the Chicago School, the Human Flourishing School, and Objectivism.Edward W. Younkins, Professor of Accountancy and Business Administration and Executive Director of the Institute for the Study of Capitalism and Morality, Wheeling Jesuit University

Allen Mendenhall is both an attorney and an advanced student of literature. He also has an excellent knowledge of modern economics. … [A]s Mendenhall notes, non-Marxist treatments of economics and literature have been slow to develop. His new book, Literature and Liberty, goes far toward supplying this lack. It shows how much work can be done, and good work too, when law and literature are studied from the perspectives offered by a real competence in economic ideas. … Every part of the book shows the fully interdisciplinary character of Mendenhall’s understanding of his subjects and his large knowledge of the historical periods he treats. Only the rare reader will be unable to learn from Mendenhall. … The kind of interdisciplinary work that Mendenhall advocates is an exciting enterprise, and one hopes that he will have much more to do with it.— Stephen Cox, Professor of Literature, University of California, San Diego, and Editor in Chief, Liberty

A Few of My Favorite Things, 2014

In Arts & Letters, Book Reviews, Books, Fiction, Film, Humanities, Literature, Novels, Poetry, Politics, Writing on December 12, 2014 at 7:45 am

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I sat down this week to consider my reading habits over the last year and to make reading goals for next year.  As I did so, I started making lists, and I thought I’d share three of them.  Here, in these lists, are fourteen of my favorite writers, magazines or journals, and books that I read in 2014.  I thought about adding a film category, but I grew disenchanted with films this year.

My favorite writers for popular magazines and journals:

I place these names in no particular order; this is not a ranking.

Gracy Olmstead

Brad Birzer

George Scialabba (not as prolific this year)

Gerald Russello

Mark Bauerlein

Stephen Cox (UC San Diego)

Justin Raimondo

Joseph Epstein

Micah Mattix

Julie Baldwin

Bruce Frohnen

Jeffrey Tucker

Paul Gottfried

William Deresiewicz

My favorite books:

This is an eclectic mix. Genre has not factored into my decision. I enjoyed these very different books for very different reasons. Some are new; some aren’t. They’ve made the list because I liked them more than the other books I read this year.

Washington Square by Henry James

Great Expectations by Charles Dickens

A Literary Education and Other Essays by Joseph Epstein

The Sun Also Rises by Ernest Hemingway

Inventing the Individual: The Origins of Western Liberalism by Larry Siedentop

Collected Poems: 1952-1993 by W.S. Merwin

Common-Law Liberty by James R. Stoner, Jr.

The Novel: A Biography by Michael Schmidt

The Morality of Pluralism by John Kekes

The Institutes of Biblical Law by R.S. Rushdoony

Thomas Jefferson: The Art of Power by Jon Meacham

Literary Criticism: From Plato to Postmodernism by James Seaton

Smiling Through the Cultural Catastrophe by Jeffrey Hart

The Meaning of Human Existence by Edward O. Wilson

My favorite popular magazines and journals:

This list was easy; I read every piece these publications run. I do not miss a single essay, article, or review in these outlets.

The American Conservative

The New York Times Book Review

Chronicles

The Freeman

Mises Daily

Pacific Standard

LewRockwell.com

The Imaginative Conservative

The University Bookman

Reason

The American Spectator

The New Criterion

First Things

The Front Porch Republic

Interview with Robert J. Ernst, author of “The Inside War”

In America, American History, American Literature, Arts & Letters, Books, Creative Writing, Fiction, History, Humanities, Nineteenth-Century America, Novels, Southern History, Southern Literary Review, Southern Literature, The Novel, The South, Writing on December 4, 2014 at 8:45 am

This interview originally appeared here in Southern Literary Review.

Robert Ernst

Robert Ernst

APM: Thanks for taking the time to sit down for this interview, Bob. Your novel The Inside War is about an Appalachian mountain family during the Civil War. How long have you been interested in the Civil War?

RJE: I have had an interest in the Civil War for many years. Specifically, the effect of the war on Appalachia became an interest as I researched family history, now more than a decade ago. I realized that not much had been written, outside of academic treatises, on this aspect of the war. Bushwhacking ambushes, bands of roving deserters, intensely opposed partisan factions, and a breakdown in civil society befell western North Carolina. Of course, much study had been given to the poverty of the area during the twentieth century, but not much, save bluegrass music, about its culture. What I discovered was a vibrant pre-war society thoroughly rent by the war. And, the area did not recover.

APM: The story of Will Roberts, your novel’s protagonist, is similar to that of many actual soldiers who fought for the Confederacy. How much historical research went into this book? It seems as if there are a number of events in your story—Sammy Palmer’s shooting of the sheriff, for instance—that track historical occurrences.

RJE: Much of the story is based on historical events. In fact, Will Roberts was a real person, as was his brother, Edwin. I traced their wartime adventures, researched the battles and conditions of their captivity and wove a fictional story around them. Likewise their wives, as portrayed in the story, were based on real people, although their story is more fictionalized. The novel does incorporate many historical characters and events that occurred in the vicinity of Marshall, North Carolina, by which I attempt to portray a picture of the character of the area and the severe impact of the war on it.

APM: There are some themes in the book that cover an aspect of the Civil War that is not often covered. Tell us about those.

RJE: The tactic of bushwhacking, or ambushing mountain patrols, is one. Guerrilla warfare as a matter of accepted tactics was new and was a terrifying degradation of the morality of warfare. There was a real cultural divide among the citizens of western North Carolina between those who supported the North, the “tories,” and those who supported the Confederacy. These divisions played out in many ways, most notably in atrocities like the Shelton Laurel massacre, but more subtly in familial and neighbor relationships. I doubt many women suffered as did those in Appalachia, from the depredations, theft and physical threat of the men who populated the mountains during the war. I was surprised to learn of the inhumane prison conditions at Ft. Delaware. Everyone knows of Andersonville, but not many are aware of Ft. Delaware. We know of the great Civil War battles, but there were scores of skirmishes every week that terrified the contestants and shaped their perceptions. Certainly, Roberts’s family suffered greatly, even though their war happened in the background to better known events.

APM: You seem careful not to glorify war but to present it as the complex tragedy that it is. The book’s epigraph states, “For those who have suffered war.” I wonder if the process of writing this book taught you anything about war itself. What do you think?

Allen Mendenhall

Allen Mendenhall

RJE: The grand histories of the conflicts, eulogizing the fallen and celebrating the victorious are all necessary parts of our remembrance of a terrible, national conflict. What I found in researching this story was intense personal suffering, unnoted except at the basic unit of society, the family, and rippling out to the church, neighborhood and town. Why would a woman abandon her children? What would drive a member of the home guard to massacre captives – mere boys? How could people, so crushed, hope? And, of course, the main theme of The Inside War is hope; hope after, and despite the loss and suffering. As we deal with the veterans of the conflict with radical Islamists we need to surround them with a culture of hope.

APM: From one attorney to another, do you think being a lawyer affects your writing in any way—from the preparation to the organization to the style?

RJE: That’s interesting. Certainly the actual practice of law involves clear writing. I have a hard time reading novels written in stream of consciousness or in rambling, shuffling styles. So, hopefully this book will be understandable and clear to the reader. I like the process of legal research and enjoyed the process of researching this book. However, the characters, though based on historical figures, came about from my imagination, which is why the book is a novel and not a history.

APM: It’s been said that the Revolutionary War produced political philosophy in America whereas the Civil War produced literature. Do you agree with this, and if so, why?

RJE: Perhaps the truth in that statement devolves from the Revolutionary War defining the creation of a nation, the Civil War defining its character. The revolution tested the theories of individual liberty and melded them, free of sovereign control, imperfectly into a new nation. The Civil War represents a gigantic challenge to the notion that a nation of citizens can be free. Millions were intimately involved in the latter conflict and the upheaval and changes were intensely felt and recorded in innumerable books. But the fundamental story of both wars is ongoing, in my view, and that is America must re-experience, “a new birth of freedom,” with regularity if America is to retain her vibrancy and hope.

APM: Thanks, Bob, for taking the time. I appreciate it, and I know our readers do, too.

Review of “Emigration to Liberia” by Matthew F.K. McDaniel

In American History, Arts & Letters, Book Reviews, Books, Georgia, Historicism, History, Humanities, Laws of Slavery, Politics, Scholarship, Slavery, Southern History, Southern Literary Review, The South, Writing on November 26, 2014 at 8:45 am

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This review originally appeared here at Southern Literary Review.

Emigration to Liberia is the story of the nearly 500 African-Americans who left Columbus, Georgia, and Eufaula, Alabama, from 1853 to 1903, to emigrate to Liberia, the West African nation that was founded in 1822 by United States colonization.

Matthew F.K. McDaniel marshals evidence from written correspondence and newspapers to piece together the first narrative treatment of those African-American emigrants from this specific region, which he calls the “Chattahoochee Valley.” He contends that the establishment of Liberia united many Northerners and Southerners for different reasons, namely, in the North, for the gradual abolition of slavery, and, in the South, for the stability of the slave system once freed African-Americans were removed from the purview of their brothers and sisters in bondage.

Liberian emigrants from the Chattahoochee Valley made up roughly ten percent of the total number of emigrants to Liberia from the entire United States; therefore, the story of the migration from this region reveals much about the overall characteristics of the entire emigrant movement and provides clues as to why many emigrants decided to leave in the first place.

“To blacks,” McDaniel explains, “the prospect of Liberia was escape, safety, and opportunity. They could own their own land in their own country and be governed by their own people. Liberia was a new start and a new future for families, far from the whites who had oppressed them.”

McDaniel supplies enough historiography to interest and benefit historians working in the field, but enough narrative to engage non-specialists. At only 64 pages, excluding the highly useful notes and bibliography, his book can be read in a single sitting. Its brevity has to do with the fact that it began as a 2007 master’s thesis in history at the Louisiana State University. Credit must be given to the editors at NewSouth Books for having the wisdom, faith, and generosity to take a chance on such a short but important work.

Settled by Europeans between 1816 and 1823, Eufaula fell into the hands of whites after the 1832 Treaty of Cusseta forced the Creek Indians off their ancestral land. Columbus was founded in 1828, six years after the founding of Liberia. The future of the African Americans who remained in Eufaula and Columbus turned out to be much different from that of the emigrants to Liberia, many of whom suffered or returned to America.

“Liberia was neither American or African,” McDaniel submits, “but a strange medley of the two worlds, and it disappointed many of the Chattahoochee Valley emigrants,” who became stuck “within a stringent social hierarchy” that was “similar to the one they had escaped from.” They were not used to the tropical climate and were not skilled in the work that was specific to the region; they discovered, too, that the native Liberian elite “mimicked the customs and styles of the whites who had once looked down upon them.”

An appendix rounds out McDaniel’s research by listing the names, ages, sexes, and, among other things, occupations of all the emigrants who sailed in either the 1867 or 1868 voyages to Liberia aboard the ship Golconda. To run your finger down the list, slowly, is to invite questions about who these people were, what they were like, what they did for entertainment, what their wishes and dreams were, what they were leaving behind and hoping to accomplish with their move to Africa, and what happened to them after they arrived there. Facts and data are limited, so, in many cases, we cannot know for sure.

McDaniel has done well with what information he had available to him. Let’s hope he’s inspired others to pick up where he left off. This is a story worth telling and knowing.

Is Hacking the Future of Scholarship?

In Arts & Letters, Books, Communication, Ethics, Historicism, History, Humanities, Information Design, Property, Scholarship on November 19, 2014 at 8:45 am

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This piece originally appeared here in Pacific Standard in 2013.

Most attorneys are familiar with e-discovery, a method for obtaining computer and electronic information during litigation. E-discovery has been around a long time. It has grown more complex and controversial, however, with the rise of new technologies and the growing awareness that just about anything you do online or with your devices can be made available to the public. Emails, search histories, voicemails, instant messages, text messages, call history, music playlists, private Facebook conversations (not just wall posts)—if relevant to a lawsuit, these and other latent evidence, for better or worse, can be exposed, even if you think they’ve been hidden or discarded.

Anyone who has conducted or been involved with e-discovery realizes how much personal, privileged, and confidential information is stored on our devices. When you “delete” files and documents from your computer, they do not go away. They remain embedded in the hard drive; they may become difficult to find, but they’re there. Odds are, someone can access them. Even encrypted files can be traced back to the very encryption keys that created them.

E-discovery has been used to uncover registries and cache data showing that murderers had been planning their crimes, spouses had been cheating, perverts had been downloading illegal images, and employees had been stealing or compromising sensitive company data or destroying intellectual property. Computer forensics were even used to reveal medical documents from Dr. Conrad Murray’s computer during the so-called “Michael Jackson death trial.”

More information is good; it helps us to understand our universe and the people in it. The tracking and amassing of computer and electronic data are inevitable; the extent and details of their operation, however, cannot yet be known.

Computer forensics can teach you a lot about a person: the websites he visits, the people he chats with, the rough drafts he abandons, the videos he watches, the advertisements he clicks, the magazines he reads, the news networks he prefers, the places he shops, the profiles he views, the songs he listens to, and so on. It is fair to say that given a laptop hard drive, a forensic expert could nearly piece together an individual’s personality and perhaps come to know more about that person—secret fetishes, guilty pleasures, and criminal activities—than his friends and family do.

In light of this potential access to people’s most private activities, one wonders how long it will be until academics turn to computer forensics for research purposes. This is already being done in scientific and technology fields, which is not surprising because the subject matter is the machine and not the human, but imagine what it would mean for the humanities? If Jefferson had used a computer, perhaps we would know the details of his relationship with Sally Hemings. If we could get ahold of Shakespeare’s iPad, we could learn whether he wrote all those plays by himself. By analyzing da Vinci’s browsing history, we might know which images he studied and which people he interacted with before and during his work on the Mona Lisa—and thus might discover her identity.

There are, of course, government safeguards in place to prevent the abuse of, and unauthorized access to, computer and electronic data: the Wiretap Act, the Pen Registers and Trap and Trace Devices Statute, and the Stored Wired and Electronic Communication Act come to mind. Not just anyone can access everything on another person’s computer, at least not without some form of authorization. But what if researchers could obtain authorization to mine computer and electronic data for the personal and sensitive information of historical figures? What if computer forensics could be used in controlled settings and with the consent of the individual whose electronic data are being analyzed?

Consent, to me, is crucial: It is not controversial to turn up information on a person if he voluntarily authorized you to go snooping, never mind that you might turn up something he did not expect you to find. But under what circumstances could computer forensics be employed on a non-consensual basis? And what sort of integrity does computer or electronic information require and deserve? Is extracting data from a person’s laptop akin to drilling through a precious fresco to search for lost paintings, to excavating tombs for evidence that might challenge the foundations of organized religion and modern civilization, or to exhuming the bodies of dead presidents? Surely not. But why not?

We have been combing through letters by our dead predecessors for some time. Even these, however, were meant for transmission and had, to that end, intended audiences. E-discovery, by contrast, provides access to things never meant to be received, let alone preserved or recorded. It is the tool that comes closest to revealing what an individual actually thinks, not just what he says he thinks, or for that matter, how and why he says he thinks it. Imagine retracing the Internet browsing history of President Obama, Billy Graham, Kenneth Branagh, Martha Nussbaum, Salmon Rushdie, Nancy Pelosi, Richard Dawkins, Toni Morrison, Ai Weiwei, or Harold Bloom. Imagine reading the private emails of Bruno Latour, Ron Paul, Pope Francis, Noam Chomsky, Lady Gaga, Roger Scruton, Paul Krugman, Justice Scalia, or Queen Elizabeth II. What would you find out about your favorite novelists, poets, musicians, politicians, theologians, academics, actors, pastors, judges, and playwrights if you could expose what they did when no one else was around, when no audience was anticipated, or when they believed that the details of their activity were limited to their person?

This is another reason why computer and electronic data mining is not like sifting through the notes and letters of a deceased person: having written the notes and letters, a person is aware of their content and can, before death, destroy or revise what might appear unseemly or counter to the legacy he wants to promote. Computer and electronic data, however, contain information that the person probably doesn’t know exists.

More information is good; it helps us to understand our universe and the people in it. The tracking and amassing of computer and electronic data are inevitable; the extent and details of their operation, however, cannot yet be known. We should embrace—although we don’t have to celebrate—the technologies that enable us to produce this wealth of knowledge previously unattainable to scholars, even if they mean, in the end, that our heroes, idols, and mentors are demystified, their flaws and prejudices and conceits brought to light.

The question is, when will we have crossed the line? How much snooping goes too far and breaches standards of decency and respect? It is one thing for a person to leave behind a will that says, in essence, “Here’s my computer. Do what you want with it. Find anything you can and tell your narrative however you wish.” It is quite another thing for a person never to consent to such a search and then to pass away and have his computer scanned for revealing or incriminating data.

It’s hard to say what crosses the line because it’s hard to know where the line should be drawn. As Justice Potter Stewart said of hard-core pornography, “I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description; and perhaps I could never succeed in intelligibly doing so. But I know it when I see it.” Once scholars begin—and the day is coming—hacking devices to find out more about influential people, the courts and the academic community will be faced with privacy decisions to make. We will have to ask if computer and electronic data are substantially similar to private correspondence such as letters, to balance the need for information with the desire for privacy, to define what information is “private” or “public,” and to honor the requests of those savvy enough to anticipate the consequences of this coming age of research.

Amid this ambiguity, one thing will be certain: Soon we can all join with Princess Margaret in proclaiming, “I have as much privacy as a goldfish in a bowl.” That is good and bad news.

Paul H. Fry on Deconstruction, Part II

In American Literature, Arts & Letters, Books, Epistemology, Fiction, History, Humanities, Literary Theory & Criticism, Literature, Pedagogy, Philosophy, Politics, Postmodernism, Rhetoric, Scholarship, Semiotics, Teaching, The Academy, Western Civilization, Western Philosophy, Writing on November 12, 2014 at 8:45 am

Below is the ninth installment in the lecture series on literary theory and criticism by Paul H. Fry.  The previous lectures are here, here, here, here, here, here, here, here, here, and here.

Remedies for Breach of Contract

In Advocacy, Humanities, Jurisprudence, Law, Legal Education & Pedagogy, Philosophy on November 5, 2014 at 8:45 am

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A breach of contract occasions potential damages traditionally measured in the form of three remedies: “expectation,” “restitution,” or “reliance.” The goal of the expectation remedy, which is the most common measure of damages for a breach of contract and is popularly said to confer the “benefit of the bargain,” is to put the non-breaching party in as good of a position as he or she would have been in had the breaching party performed the contract.

When a breaching party has defectively performed a contract, for instance, the non-breaching party can recover the cost of remedying the defective performance, i.e., the cost of completion. In a breach of contract lawsuit for the delivery of personal property at a fixed time and place, the proper measure of damages is the contract price subtracted by the market price at the place and time of delivery. By comparison, the proper measure of damages for the failure to complete a construction contract is the cost of completion subtracted by the amount that remains unpaid under the contract.

Restitution remedies are designed to prevent “unjust enrichment.” They represent the interest of a non-breaching party in recovering the value that was conferred upon the breaching party through the effort to perform a contract. In other words, restitution seeks to restore what was lost to the non-breaching party or to make the non-breaching party whole again.

Reliance remedies, finally, aim to put the non-breaching party in as good a position as he or she was in before the promise or agreement was made. Whereas expectation damages are “forward-looking” and consider what position the non-breaching party would have been in had the contract been performed, reliance damages are “backward-looking” and consider what position the non-breaching party would have been in had the contract never been contemplated.

These are not the only remedies available when a breach of contract occurs, but they are the most widely recognized and commonly implemented of such remedies.

Causation and Criminal Law

In America, Criminal Law, Humanities, Jurisprudence, Justice, Law, Philosophy on October 29, 2014 at 8:45 am

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Actus reus, which is shorthand for the opening words in the Latin phrase actus non facit reum nisi mens sit rea (“an act does not make a person guilty unless his mind is also guilty”), is one element of a crime that a prosecutor must prove to establish criminal liability. A prosecutor must prove, in particular, that the defendant’s actus reus caused the harmful result at issue in the case. To do so, the prosecutor must show not only that the act was the “actual cause” of the harm (i.e., the “factual cause” or the “but for” cause”) but also that the act was the “proximate cause” of the harm (i.e., the “legal cause”).

The so-called “but for” test, also known as the sine qua non test, seeks to determine whether a particular act brought about the particular harm to the alleged victim. If the question whether the harm would not have happened but for the defendant’s action is answered in the affirmative, then causation is established; accordingly, if the harm would have happened notwithstanding the defendant’s act, then the defendant’s act is not a “cause in fact.” The “but for” test is not satisfied unless the prosecutor can show that the harm was foreseeable; if the harm was not foreseeable, then the defendant cannot be said to be the actual cause of the harm, only the proximate cause of the harm.

Determining causation is difficult when two people are performing different acts at different times, and each of their acts could have caused the harm at the time the harm occurred. The two acts by the two different people constitute concurrent sufficient causes under the “but for” test. Because there are two different people who could have “caused” the harm according to the “but for” test, yet only one of the two people actually caused the harm, the “but for” test fails to establish causation.

There are two tests that courts may apply when there are multiple sufficient causes under the facts. The first is the substantial factor test, according to which a defendant is criminally liable if his acts are shown to be a substantial factor leading to the harm to the alleged victim. This test is not commonly used because it can be arbitrary and subjective. The better test is a modified form of the “but for” test, formulated this way: “But for the defendant’s voluntary act, the harm would not have occurred not just when it did, but as it did.” Even this revised test falls short of ideal. For instance, it is not clear how this test is applied when two non-lethal acts combine to cause the death of one victim.

Regardless of which tests for causation obtain or prevail in a particular case, a prosecutor must establish each element of a crime beyond a reasonable doubt. That standard, at least, is a legal certainty.