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Archive for the ‘Academia’ Category

Love and the Law Professors

In Academia, Arts & Letters, Book Reviews, Books, Conservatism, Jurisprudence, Law, Law School, Legal Education & Pedagogy, Legal Research & Writing, Liberalism, Oliver Wendell Holmes Jr., Pedagogy, Scholarship, Teaching, Writing on March 29, 2017 at 6:45 am

This review originally appeared here in The University Bookman. 

As improbable as it sounds, someone has written “a love letter to the teaching of law.” At least that’s what Stephen B. Presser sets out to do in Law Professors, which is less pedagogical than it is historical and biographical in approach. If not a love letter, it’s at minimum a labor of love about the genealogy of American legal education, for which Presser is admirably passionate.

Even more improbable is how a book about three centuries of law professors could be enjoyable. Yet it is. Every rising law student in the United States should read it as a primer; experienced legal educators should consult it to refresh their memory about the history and purpose of their profession.

Presser is the Raoul Berger Professor of Legal History Emeritus at Northwestern University’s Prizker School of Law and the legal-affairs editor of Chronicles. He’s a leading voice of what is sometime referred to as paleoconservatism, who maintains that our political dysfunction derives in part from the methods and jurisprudence of law professors. His book might be called a diagnosis of our social ailments, the cure being the repurposing of legal education.

Beneath his silhouettes—two involve fictional figures (Lewis Eliot and Charles Kingsfield) while the other twenty deal with actual flesh-and-blood teachers—lies a structural dualism that enables him to classify his subjects under mutually exclusive heads: those who believe in higher law and divine order, and those who believe that laws are merely commands of some human sovereign. The former recognize natural law, whereby rules and norms are antecedent to human promulgation, whereas the latter promote positivism, or the concept of law as socially constructed, i.e., ordered and instituted by human rulers.

These binaries, Presser says, explain the difference between “common lawyers and codifiers,” “advocates of Constitutional original understanding and a living Constitution,” and “economic analysts of law and Critical Legal Studies.” Here the dualism collapses into itself. The common-law method is at odds with originalism in that it is evolutionary, reflecting the changing mores and values of local populations in a bottom-up rather than a top-down process of deciphering governing norms. Constitutionalism, especially the originalism practiced by Justice Scalia, treats the social contract created by a small group of founding framers as fixed and unamendable except on its own terms. The law-and-economics movement as represented by Judge Posner and Judge Easterbrook is difficult to square with natural law because it’s predicated on cost-benefit analysis and utilitarianism. In short, it’s a stretch to group the common law, originalism, and the law-and-economics movements together, just as it’s strange to conflate legislative codification with critical legal studies. Distinctions between these schools and traditions are important, and with regard to certain law professors, the binaries Presser erects are permeable, not rigid or absolute.

Presser’s narrative is one of decline, spanning from the late eighteenth century to the present day. It begins with Sir William Blackstone, “the first of the great modern law professors.” Presser may overstate the degree to which Blackstone propounded a common-law paradigm that was frozen or static and characterized by biblical principles. The influence of Christianity and moral principles is unmistakable in Blackstone’s Commentaries on the Law of England, especially in its introductory and more general sections, but the vast majority of the treatise—which was intended for an audience of young aspiring lawyers, not scholars or jurists—describes basic, mundane elements of the British legal system and organizes judicial principles and decisions topically for ease of reference. Presser is right that, more than anyone else, Blackstone influenced early American lawyers and their conception that the common law conformed to universal, uniform Christian values, but Jefferson’s more secular articulation of natural law as rooted in nature had its own adherents.

Other teachers included here are James Wilson (after whom Hadley Arkes has named a fine institute), Joseph Story (whose commitment to natural law is offset by his federalist and nationalist leanings), Christopher Columbus Langdell (whose “original and continuing impact on American legal education is unparalleled”), Oliver Wendell Holmes Jr. (whose career as a professor was short and undistinguished), John Henry Wigmore (whose “sometimes idol” was Holmes), Roscoe Pound (“a figure of extraordinary talent”), Karl Llewellyn (the “avatar” of the legal-realist movement), Felix Frankfurter (“no longer the God-like figure at Harvard”), Herbert Wechsler (“the anti-Holmes”), Ronald Dworkin (who reformulated the theories of John Rawls), Richard Posner (the subject of William Domnarski’s recent biography), Antonin Scalia (“best known for his bold conservative jurisprudence”), and several still-living contemporaries.

Presser is particularly hard on Holmes, relying on Albert Alschuler’s harsh and often careless assessments of the Magnificent Yankee. He charges Holmes with embracing the view that judges were essentially legislators and suggests that Holmes was “policy-oriented.” Although this portrayal is popular, it is not entirely accurate. In fact, Holmes’s jurisprudence was marked not by crude command theory (the Benthamite version of which he adamantly rejected) but by deference and restraint. Presser himself recalls Alschuler in claiming that Holmes “was prepared to approve of virtually anything any legislature did.”

So was Holmes a policy-oriented judge legislating from the bench, or did he defer to legislatures? Undoubtedly the latter. Only once during his twenty years on the Massachusetts Supreme Judicial Court did he hold legislation to be unconstitutional. As a Supreme Court Justice, he almost programmatically deferred to state law. “[A] state legislature,” he said, “can do whatever it sees fit to do unless it is restrained by some express prohibition in the Constitution of the United States,” adding that courts “should be careful not to extend such prohibitions beyond their obvious meaning by reading into them conceptions of public policy that the particular Court may happen to entertain.” Rather than imposing his personal policy preferences, Holmes believed that a judge’s “first business is to see that the game is played according to the rules whether [he] like[s] them or not.” If Holmes’s conception of judicial restraint and the Fourteenth Amendment had carried the day, the holdings in Roe v. Wade, Planned Parenthood v. Casey, Lawrence v. Texas, and Obergefell v. Hodges, among others, would not have occurred.

Presser admittedly doesn’t like Holmes, but he is polite about it. There’s a charming sense of collegiality in his assessments of his contemporaries as well. He boasts of his own traditionalism without hesitating to call Duncan Kennedy and Catharine MacKinnon “brilliant.” He disagrees with his opponents without denigrating their intelligence and expresses gratitude to faculty whose politics differ radically from his own. He describes a variety of disciplinary schools, including critical race theory, which don’t appeal to him. And he gives some unjustly neglected thinkers (e.g., Mary Ann Glendon) the attention they rightly deserve while some overrated thinkers (e.g., Cass Sunstein) receive the attention they relish.

President Obama is held up as the quintessential modern law professor, the type of haughty pedagogue responsible for the demise of the rule of law and the widespread disregard for constitutional mandates and restrictions. Yet law professors as a class weren’t always bad; in fact, they once, according to Presser, contributed marvelously to the moral, spiritual, and religious life of America. Presser hopes for a return to that era. He wishes to restore a proper understanding of natural law and the common-law tradition. His conclusion takes a tendentious turn that reveals his abiding conservatism. Those who agree with him will finish reading this book on a high note. His political adversaries, however, may question whether they missed some latent political message in earlier chapters.

But isn’t that the nature of love letters—to mean more than they say and say more than they mean? Presser’s love letter to law teaching is enjoyable to read and draws attention to the far-reaching consequences of mundane classroom instruction. He’s a trustworthy voice in these loud and rowdy times.

Allen Mendenhall Interviews Paul Goldstein About His Latest Novel, “Legal Asylum”

In Academia, Arts & Letters, Books, Creative Writing, Fiction, Humanities, Law, Law School, Law-and-Literature, Literature, Novels, Teaching, The Academy, Writing on March 1, 2017 at 6:45 am

Paul Goldstein is an expert on intellectual property law and the Stella W. and Ira S. Lillick Professor of Law at Stanford Law School. He is the author of an influential four-volume treatise on U.S. copyright law and a one-volume treatise on international property. He has also authored ten books including five novels. Some of his other works include Copyright’s Highway: From Gutenberg to the Celestial Jukebox, a widely acclaimed book on the history and future of copyright, and Intellectual Property: The Tough New Realities That Could Make or Break Your Business. Havana Requiem, his third novel, won the 2013 Harper Lee Prize for Legal Fiction.

Paul Goldstein

Paul Goldstein

AM:  Thanks for taking the time to do this interview. What has been your colleagues’ reaction to this satire? 

PG:  My colleagues are, by and large, a sturdy and good-natured lot, and most of the reactions I’ve received have been very positive. Several have told me that they actually found themselves laughing out loud while reading the book. Still, there are a couple of colleagues who I know have read the book, but who seem curiously silent, and avoid my glance in the hallways. Who knows what they’re thinking!

AM:  Were you afraid your colleagues might push back against the novel, seeing themselves in the characters?  

PG:  I decided at the outset not to make Legal Asylum a roman a clef—a genre that I find cowardly and mean-spirited, and that I put in the same category as practical jokes. At the same time, there are certainly recognizable types of legal academics in the book, and it’s been a good deal of fun talking with colleagues about which group they put themselves in—Poets, Quants or Bog Dwellers.

AM:  In an interview with Jon Malysiak, the director of Ankerwycke Books, you stated that you’d spent 50 years thinking about the absurd and eccentric features of legal education. What are some of these?

PG:  One absurdity of course is the grim-faced crusade of law school deans to secure for their institutions a higher and still higher slot in the US News law school rankings, or at least not to slip from their present perch. That’s the question that drives the story: Can a law school make it into the US News Top Five and lose its ABA accreditation, all in the same year? Another absurdity highlighted in Legal Asylum is that, where in other university departments academic advancement, including tenure, turns on publication in peer-reviewed journals, American law schools commit the credentialing function to second-year law students who run the law reviews.

AM:  Your book is funny.  Why is humor a powerful mode of critique?

PG:  I’m glad you found the book funny! As to why humor is such a powerful mode of critique, it is because, for humor to work, it has to surprise the reader. Wait…she said that! He did what! And it’s that surprise, that unexpected twist, that turns the reader’s angle of view a fraction of a degree—or if it’s a belly laugh, maybe a full degree—so that the subject of the lampoon suddenly appears in a different light. To discover, for example, that the emperor is wearing no clothes, is not only funny, but it’s also a powerful critique of a certain kind of political leader.

AM:  You’ve called your protagonist, Dean Elspeth Flowers, a hero.  Why?

PG:  For a literary hero to be at all interesting, she or he needs to be flawed—the deeper the flaw the better—because it is only character defects like pride, willfulness and grandiosity that will get the hero in trouble, and without trouble, what kind of story do you have? Several readers of Legal Asylum have told me how shocked they were to discover that, by the end of the book, they were truly rooting for Elspeth.

AM:  Is there anything good about the obsession with law-school rankings and the so-called “arms race” between law schools?

PG:  I’m sure there are some beneficiaries of the law school rankings game. The companies that publish all those glossy brochures touting law school achievements to prospective respondents in the US News polls certainly come out ahead. So do the airlines that fly admitted students to the law schools that are recruiting them like prized football prospects. And of course there’s US News itself, for which rankings must be a rare profit center in a bleak economic landscape for news media.

AM:  It’s interesting that the American Bar Association doesn’t dodge satire in the book, yet the ABA—or a division of it—published the book.

PG:  I have a wonderful and brave editor at Ankerwycke, and he didn’t once bat an eye at the parts of the story that poke fun at the A.B.A accreditation process.

AM:  Did you ever consider writing about lower-ranked law schools, or did you, a Stanford law professor, write from the perspective you knew—from a top-ranked law school?  I’m thinking now of Charlotte Law School and the troubles it’s been facing in light of the Department of Education’s decision to revoke federal funding there. It seems to me that law professors and administrators at these schools, who are in crisis mode, may not be in the mood for humor about legal education. 

PG:  My first law teaching job was at a state law school and, although this was long before the rankings game got underway, I can say that, like countless other schools today—state and private—that haven’t made it into the top tiers, it was preparing its students for the practice of law as effectively as any law school in the country. Are there law schools that shouldn’t be in business today? I expect that there are, and that has nothing to do with the US News hierarchy. But other schools have a legitimate grievance against rankings that pretend that their fine-grained hierarchical distinctions convey any useful information.

AM:  Why the noun “asylum” in the title of the book?  It’s provocative and suggestive.

PG:  I like book titles that are at once evocative and descriptive. It’s hard to beat Anthony Doerr’s All the Light We Cannot See, for example.  There is of course an asylum for the criminally insane that figures in the plot of Legal Asylum, but the book’s title also aims to evoke the sheltered craziness that passes for legal education at the state law school where the story takes place.

AM:  Thanks again for the interview.  Any closing comments about how readers can find your work?

PG:  It was a pleasure. Readers can buy the book at Amazon.com, Barnes & Noble, IndieBound, and Shop ABA.

Why law schools should be transparent about their problems and prospective law students should exercise due diligence before they matriculate at law schools

In Academia, Law, Law School, Legal Education & Pedagogy on February 22, 2017 at 6:45 am

Allen Mendenhall

When I was in college, the common assumption was that students who couldn’t decide what to do after graduation enrolled in law school. The law was a fallback profession, the legal academy a repository for good but dithering students looking to find their way.

Things have changed. The blogosphere abounds with news about the crisis in legal education. The global financial recession brought about a decrease in law-school applications and LSAT takers while tuition rates continued rising. Undergraduates increasingly determined that law school was not worth the time or student-loan debt, in part because starting salaries for lawyers remained stagnant while the job market for legal positions remained saturated.

Law schools with struggling reputations (say, those which fall into the fourth tier of the U.S. News and World Report rankings) have experienced a decrease in applications and reduced matriculation rates. Forced to shrink the size of their classes to remain statistically competitive and satisfy American Bar Association (ABA) admissions standards, these schools have taken creative measures such as accepting more transfer students and developing non-J.D. courses and programming to counteract reduced tuition revenue.

Elite institutions are not immune from trouble. One study has shown that applications to Harvard Law School are down 18%. Applications to the University of Minnesota Law School are down 50%, forcing that school to scramble to save money. It reportedly has not only bought out faculty but also cut coffee in the faculty lounge. Dorothy Brown, a professor of tax law at Emory University School of Law, predicts the imminent closure of a top law school. Meanwhile, as these financial woes grow and spread, LSAT scores and bar passage rates continue to worsen at lower-ranked institutions.

The ABA and the Department of Education (DOE) are cracking down on law schools, the former in response to pressure from the latter.  The DOE, in 2016, proposed a one-year revocation of the ABA’s accreditation powers. Consequently, the ABA has more aggressively enforced compliance with its admissions standards, threatening law schools with, among other things, reprimands, probation, and sanctions. For example, the ABA instituted a remedial plan to reverse the negative trends of Ave Maria School of Law’s bar-passage rates and admissions data. Around three months ago, the ABA censured Valparaiso University School of Law and placed Charlotte School of Law on probation.

The ABA has not revoked Charlotte School of Law’s accreditation, but the DOE has nevertheless terminated this school’s access to federal student aid. Law students there have filed a federal class-action lawsuit alleging that Charlotte School of Law and its parent company, InfiLaw, misrepresented the extent of the problems they were confronting, thereby misleading students about the health of the institution in which they were enrolled. Speculation now circulates about whether the closure of Charlotte Law School is inevitable.

Indiana Tech Law School, known for its experimental pedagogical approaches, has announced that it is shutting down. Other law schools have turned to institutional consolidation to remain financially viable. The William Mitchell College of Law, for instance, merged with Hamline University School of Law in 2015. Thomas M. Cooley Law School affiliated with Western Michigan University in 2014, changing its name to Western Michigan University Cooley Law School. It closed its Ann Arbor campus that same year.

The good news for worried law school administrators is that the ABA House of Delegates has voted down proposed Resolution 110B, which would have required 75% of graduates from any law school to pass the bar exam within two years, a figure that would have resulted in the non-compliance of several schools with ABA standards.

In this climate of institutional contraction and uncertainty, law school administrators must remain transparent, lest they invite litigation of the kind facing Charlotte School of Law. On the other hand, prospective law students must complete their due diligence before enrolling in law school. Although the doctrine of caveat emptor has faded away, some residual form of it could benefit the wider culture. Absent any evidence of fraudulent misrepresentation or deceptive practices, law schools should not be liable for the poor matriculation decisions of starry-eyed students.

Prospective law students have a personal responsibility to make informed choices about their graduate education. They should examine closely a law school’s admissions data, including GPA and LSAT scores, and stay sober about their own qualifications and preparedness for law school. They should account for a law school’s employment records and bar-passage rates. And they should research the state of the legal job market in the geographical area surrounding different law schools, paying close attention to the hiring patterns of local firms and organizations.

Not everyone goes to law school for the same reason. Some wish to study at an institution with a religious affiliation; others attend schools that consistently secure for their graduates judicial clerkships or opportunities to work at prestigious law firms. It’s important that prospective law students know exactly what they want from law school—and that they refuse to “settle” on a law school that isn’t a good fit for them.

During this transitional period for legal education, law schools with a long history of recognized stability may not satisfy consumer demands as they once did. Law schools need students, and they’re recruiting them vigorously with mixed results. The days when law school was a prudent option for students who waffled about their profession or career are long gone. While law schools should be scrutinized for their marketing strategies and admissions and employment data, students, too, should be responsible for their poor decisions.

Accountability runs both ways. Law schools and prospective law students alike must equip themselves with knowledge of the legal job market—in addition to the costs and demands of legal education—and adjust their plans accordingly. Otherwise their future could be bleak.

Richard Posner is a Monster

In Academia, Arts & Letters, Book Reviews, Books, History, Humanities, Jurisprudence, Law, Legal Education & Pedagogy, liberal arts, Oliver Wendell Holmes Jr., Pragmatism, Scholarship, Writing on January 11, 2017 at 6:45 am

Allen Mendenhall

This review originally appeared here in the Los Angeles Review of Books.

William Domnarski is probably right when he writes that Richard Posner, like his hero Oliver Wendell Holmes Jr., “seemed destined for a literary life.” Holmes modeled himself on Emerson; he was the class poet at Harvard and earned his reputation as a thoughtful if controversial man of letters who could write with panache.

Posner, who majored in English at Yale, modeled himself on Holmes. “Holmes,” Posner declared in a missive, “is the greatest jurist, at least of modern times, because the sum of his ideas, metaphors, decisions, dissents, and other contributions exceeds the sum of contributions of any other jurist of modern times.” Posner’s writing similarly stands out for its flair and confidence.

Both men extended their influence beyond their legal opinions and have contributed to philosophy, becoming provocative historical figures in their own right. Posner has correctly invoked Holmes as a pragmatist, even if Holmes avoided the designation and referred to William James’s pragmatism as an “amusing humbug.” A member of the short-lived Cambridge Metaphysical Club that birthed pragmatism in the 1870s — and which also included James and C. S. Peirce — Holmes at least imbibed the pragmatism that was, so to speak, in the Boston air. Posner’s pragmatism, however, is only tangentially related to the thinking of Peirce and James, and so one hesitates to call it pragmatism at all.

In a move that must irritate University of Miami professor, Peirce supporter, and Richard Rorty critic Susan Haack, Posner distinguishes his variety of pragmatism — what he calls “everyday pragmatism” — from philosophical pragmatism. His thesis is most pronounced in his book Law, Pragmatism, and Democracy(2005). The quotidian pragmatism that inheres in the law is, in his view, practical and forward-looking and based on “reasonableness.”

It’s not always clear how this mode of pragmatism intersects with, or diverges from, the so-called traditional or classical pragmatism, though it differs markedly — and refreshingly — from what Haack labeled “vulgar Rortyism,” that Frenchified variety of structuralism that dispensed with truth as a meaningful category of discourse.

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One suspects, given his outsized ego, that Posner delights in having placed his stamp on legal pragmatism, thereby forcing perplexed students in philosophy departments to come to terms with his ideas and square them with not only Peirce and James but also John Dewey, George Herbert Mead, and W. V. Quine.

Posner’s self-importance can be charming or off-putting. You might see him as an erudite, spirited dandy playing the part of flamboyant intellectual; or, more cruelly, as a bitter sophist bent on celebrating his own idiosyncratic views and maliciously dismissing his opponents with callous words and harsh indictments. Certainly his gratuitous rhetorical attacks on the late Antonin Scalia warrant this latter take.

And yet the man speaks with a high, soft voice; loves and spoils his cat; and spends most of his time reading and writing. It’s hard to condemn such things.

Posner is on record as having fancied himself as not just equal to, but more intelligent than, Learned Hand and Henry Friendly — two giants of American law — because he considered himself more informed about economics. This is surprising, chiefly because his self-assessment occurred before he became a judge.

As a judge, Domnarski tells us, “he could seek to persuade his new judicial colleagues to follow him, so as to further shape the law as he saw it — in his own image.” He continues to shape everything, it seems, in his own image, including, perhaps, Domnarski’s biography, which he read both in draft form and as a final manuscript.

One wonders how heavily he edited his own biography — how much latitude he enjoyed in fashioning his story. He sat for interviews and emailed with Domnarski, which wouldn’t be unusual or improper had he not been a primary source of his own legend, as he certainly appears to have been. As a young man, Posner exercised his authority as president of Harvard Law Review to include certain content over the objections of his peers. Might he have done this with his biographer?

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Posner, an only child, is used to promoting himself, and his acquaintances at different stages of his life often note his arrogance. As early as high school, he would say “the Poze knows,” and called himself “the mighty one,” writing in yearbooks that he “welcomes you as a High Priest of Posner Worship.” You can write this off as playful, but you can’t write off the fact that he cites himself in cases more than any other judge — though not by name, Domnarski points out, as if to acquit him of unseemly motivations.

An editor of a peer-reviewed journal once complained that Posner had cited himself too often in a paper, to which Posner rejoined that self-citation was necessary because he had produced most of the relevant literature on the subject. “The Poze knows,” the footnotes might have read. Another time an exasperated Posner wrote to editors at Cambridge University Press, “Don’t you know who I am?” — the same remark that landed Henry Louis Gates Jr. in hot water under different circumstances.

Although Domnarski connected with over 200 people to piece together this book, Posner’s personal opinion of himself seems to control the narrative and crowd out contrary valuations that critics may have offered. It’s not that Posner’s accomplishments and reputation are unearned. He’s worked hard to become perhaps the best-known and most prolific federal circuit judge in our nation’s history, and his talents and learning are unquestionable and impressive. The person who emerges in these pages is exceptional at what he does, but difficult to like. He graduated first in his class at Harvard Law School but was not popular. He remains good with ideas — just not with people. He’d rather disseminate brilliant theories than keep them to himself, even when they’re in bad taste or poor form. Whether that’s a virtue or vice depends upon one’s priority for manners and decorum.

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Posner’s most remarkable and admirable quality, it seems to me, is his ability — even willingness — to accept constructive criticism in stride. He doesn’t take evaluations of his work personally, and he invites opposition to fine-tune and improve his ideas. He instructs his clerks to criticize his draft opinions line by line so that he can perfect his rationale. “[W]e should want” and “insist upon,” he wrote to a colleague, “challenge and criticism; the rougher the better; for one of the great dangers of achieving eminence is that people are afraid to criticize you and then you end up inhabiting a fool’s paradise.”

Posner has referred to himself as a “monster,” a characterization he’s also reserved for Wagner, Tolstoy, Nietzsche, Wittgenstein, Proust, Kafka, and Michelangelo. The term thus seems like an odd form of self-approbation rather than regret or self-loathing. It accords with his grand notion that he is “a Promethean intellectual hero,” not just some federal judge who happens to be well read.

Posner remains “a writer first and a lawyer second.” He’s correct that, as he told one correspondent, “the modern practice of law does not offer a great deal of scope for the poetic imagination.” Law schools have divided faculty into fields and sub-fields, and specialists in different areas of practice are increasingly unable to speak to one another in a common idiom or with shared vocabularies. Posner studied at Yale under Cleanth Brooks, who directed Posner’s research on William Butler Yeats, so he knows a thing or two about the poetic imagination and memorable expression.

But maybe the law is not about poetic imagination. Maybe it requires a prosaic and mechanical mind that can dispassionately and without fanfare adjudge the soundness of legal arguments presented by the parties to a case. If so, Posner may have been better suited for a different profession, one he would have loved and within which he could have more appropriately flaunted his creativity. Being an English professor, though, would’ve been out of the question; he dismisses much of what English literature departments regard as scholarship as “bullshit.” He uses the same word to describe work in the legal professoriate, of which he was once a seminal figure. By age 30, in fact, he had achieved the rank of full professor at the University of Chicago Law School. He cultivated the image of an iconoclastic rabble-rouser willing to subject all human activity to cost-benefit analysis. He popularized the law-and-economics movement and eagerly imparted that economic efficiency supplied the right methodology for describing and delineating common-law judging, which involved practical resolutions to concrete problems. The doctrinaire Posner of this period drifted far from the Communist roots of his mother. More recently, though, he’s alleged that capitalism is a failure and moved decidedly to the left on key issues.

Perhaps because of his haughtiness, the law can seem boring and routine without him. There’s something to be said for the color and liveliness he brings to his office, and for his belief that “the law really is a very limited field for a person of literary bent.” Domnarski’s treatment may seem deferential, but it doesn’t cover up Posner’s naked, sometimes brutal honesty. Posner is willing to say what others aren’t, and able to say it more eloquently.

If, as Domnarski avers, Posner considers the average lawyer to be like Bartleby or Ivan Ilych — fancifully tragic figures — then he must disdain or pity those lawyers who come before him in the courtroom and submit their briefs for his relentless scrutiny. The 1987 Almanac of the Federal Judiciary states that lawyers who argued before Posner found him to be “arrogant, impatient, dogmatic,” and “opinionated,” and that he “dominates arguments” and “cross-examines lawyers as if they were 1-Ls in a Socratic exchange with a professor.” The man is important, no doubt, but never learned how to play nicely.

Ever the Darwinian, Posner has suggested that great books prove their merit over time in the competition of the marketplace; perhaps his reputation will too.

Cornel West and Robert P. George Discuss the Liberal Arts

In Academia, Arts & Letters, Books, Ethics, History, Humanities, liberal arts, Liberalism, Literature, Pedagogy, Philosophy, Politics, Scholarship, Western Civilization, Western Philosophy on January 4, 2017 at 6:45 am

Dr. Cornel West and Dr. Robert P. George discussed the purpose of a liberal arts education at a forum of the American Enterprise Institute (AEI) in Washington, D.C., on Wednesday, November 30, 2016.  AEI Visiting Fellow Ramesh Ponnuru moderated the discussion, which appears in the video below.

Seth Vannatta on Conservatism and Pragmatism in Law, Politics, and Ethics

In Academia, American History, Arts & Letters, Book Reviews, Books, Conservatism, History, Humanities, Jurisprudence, Law, liberal arts, Philosophy, Politics, Pragmatism, Scholarship, The Academy, Western Philosophy on December 28, 2016 at 6:45 am

Allen 2

At some point all writers come across a book they wish they had written. Several such books line my bookcases; the latest of which is Seth Vannatta’s Conservativism and Pragmatism in Law, Politics, and Ethics.

The two words conservatism and pragmatism circulate widely and with apparent ease, as if their import were immediately clear and uncontroversial. But if you press strangers for concise definitions, you’ll likely find that the signification of these words differs from person to person. Maybe it’s not just that people are unwilling to update their understanding of conservatism and pragmatism—maybe it’s that they cling passionately to their understanding (or misunderstanding), fearing that their operative paradigms and working notions of 20th century history and philosophy will collapse if conservatism and pragmatism differ from some developed expectation or ingrained supposition.

I began to immerse myself in pragmatism in graduate school when I discovered that its central tenets aligned rather cleanly with those of Edmund Burke, David Hume, F. A. Hayek, Michael Oakeshott, and Russell Kirk, men widely considered to be on the right end of the political spectrum even if their ideas diverge in key areas. In fact, I came to believe that pragmatism reconciled these thinkers, that whatever their marked intellectual differences, these men believed certain things that could be synthesized and organized in terms of pragmatism. I reached this conclusion from the same premise adopted by Vannatta: “Conservatism and pragmatism . . . are methods . . . guided by various common norms.” As such, they can lead to different political policies despite the consistently conservative character of their processes and techniques.

Read my review of Vannatta’s book in University of Dayton Law Review by downloading it from SSRN at this link.

Terry Eagleton on the Death of Criticism

In Academia, Arts & Letters, Books, Fiction, History, Humanities, liberal arts, Literary Theory & Criticism, Literature, Philosophy, Rhetoric, Scholarship, The Academy, Western Philosophy on December 14, 2016 at 6:45 am

The following lecture by Terry Eagleton was delivered at the University of California Berkeley in 2010.

Part Three: Allen Mendenhall Interviews Mark Zunac about his new edition, “Literature and the Conservative Ideal”

In Academia, America, American Literature, Arts & Letters, Books, British Literature, Conservatism, Fiction, History, Humanities, liberal arts, Liberalism, Literary Theory & Criticism, Literature, Novels, Pedagogy, Philosophy, Politics, Postmodernism, Scholarship, Teaching, The Academy, Western Civilization, Western Philosophy on November 23, 2016 at 6:45 am
Mark Zunac

Mark Zunac

Mark Zunac is associate professor in the Department of Languages and Literatures at the University of Wisconsin-Whitewater.  Editor of Literature and the Conservative Ideal, he researches revolution, writing, and the rise of intellectual conservatism in Britain following the French Revolution. He received his Ph.D. from Marquette University in 2008.

 

AM:  James Seaton is a good friend.  He and I began corresponding roughly a decade ago, and we first met in person about six years ago at the Russell Kirk Center for Cultural Renewal in Mecosta, Michigan.  His edition of Santayana had just come out with Yale University Press, and he was there to give a lecture on it.  Seaton opens his essay for your volume with the following sentence:  “Neither Henry James nor George Santayana were active participants in the politics of their time.”  Don’t you think there’s something inherently conservative in this very distance from one’s own cultural and political moment?  I’m thinking of Kirk’s admonition that conservatism is about the rejection of ideology. 

MZ:  It was actually James Seaton who, some time ago, in an innocuous but characteristically trenchant review of the Norton Anthology of Theory and Criticism published in The Weekly Standard, provided for me the framework for thinking deeply about literature’s authenticity and its exploitation by postmodern criticism. I very regrettably lacked a lot of exposure to more traditional approaches to literature and, while I instinctively eschewed the most obscure theoretics, I remained unaware that the critic could do more than scamper around the edges of territory claimed by Jürgen Habermas and Paul de Man. To Kirk’s point, I think I had always rejected the ideology – I just wasn’t fully aware that there might be a viable alternative to it.

I do think there is something to be said for one’s distance from the cultural and political moment. The conservative disposition doesn’t really lend itself well to the act of politics, and this is perhaps why conservatives have been consistently rolled in nearly every public debate over culture for the last half-century. Being always on the defensive and lacking the language to explain the intuitive – Lee Harris calls this the “visceral code” – puts the conservative at a rhetorical, if not moral, disadvantage. For me, the everyday analogy to Seaton’s statement is the conservative tendency to focus on the admittedly prosaic underpinnings of civic life – largely the familial and the associational. As we are witnessing with the ever-increasing presence of the state in the daily lives of individuals, the absence of participation in politics by those whose disposition might be called “conservative” is conspicuous.

AM:  I remember where I was when I read Seaton’s review that you mention. In his book Cultural Conservatism, Political Liberalism, in the context of remarks about E. D. Hirsch, he says that “’[c]ultural literacy’ would be particularly valuable for those now termed the ‘culturally disadvantaged’ in achieving individual economic mobility,” and he adds that the “spread of cultural literacy would also promote political democracy, since discussion can only take place on the basis of at least some shared assumptions and common vocabulary.”  Do you agree with this?

 MZ: I would agree wholeheartedly. There has been much invested, however, in facilitating a kind of cultural amnesia. Some of it has been inadvertent, but much of it has not. As reflexive relativism has taken hold, any semblance of commonality has been superseded by historical moral equivalencies. Consequently, we are left with little more than recriminations and collective guilt. Western culture perhaps has much to atone for, but past transgressions cannot be the sole basis for self-definition. There just may be certain shared values and traditions that could serve as the basis for a common culture and a source of pride, but it is often more expedient to assign particular beliefs and behaviors to discrete and easily identifiable groups.

This may be cynical, but I think there is much to be gained politically – the recent election notwithstanding – from the veneration of difference. I’m not sure the individual is or ever has been truly dignified when human worth is either enhanced or degraded by how that individual is situated during any given cultural moment. It is difficult to argue that this is not what is happening now, at least to some degree. Perhaps by expanding our very narrow conceptions of diversity, we would have a much greater chance of constructive dialogue, which might then enact a more conscientious effort to promote this notion of cultural literacy. The deliberately false promise that multiculturalism is the surest path to unity and a common, mutual understanding has generated much confusion and it has, against its fundamental premise, created self-defeating forms of tribalism. The multiculturalist program has sought to validate rather than engage and evaluate global cultures, and its underside has been the raw factionalizing that consumes so much public discourse.

AM:  It is interesting and bothersome to see how multiculturalism has degenerated into a monolithic orthodoxy, which is by its very form and function against diversity, not for it.  I wonder what would happen if we exposed more students to political theory in the vein of Michael Polanyi of F. A. Hayek, thinkers whose intelligence and theoretical sophistication have to be taken seriously by those who study literary theory and criticism.  The forms of devolution and subsidiarity advocated by these men might provide challenges to the prevailing consensus among many students and teachers in English departments about the kind of ideas motivating certain figures on the right.

 MZ:  I do believe that radical multiculturalism militates against diversity, and in this regard the university has failed in one of its stated core missions. The failure to cultivate an inclusive campus community has been made evident not only by civil disobedience and other visible forms of unrest, but also by the imposition of predictable bureaucratic programs aimed at solving problems that the administrative bureaucracy has itself made worse. Obsessing about difference and instituting special privileges for certain groups, and then pontificating about equality just seems disingenuous. Current narratives on race as well as the devaluing of our common culture have been toxic for the university, as a lot of students, I think rightly, feel as though justice in this context is punitive. If there is any palpable hostility to the learning process or to intellectual climate on today’s typical campus, perhaps we as the academy should look inward rather than to historical prejudices that we can conveniently circle back to after having tried to address all of them through administrative means and a thoroughly politicized curriculum.

Moreover, as politics has regrettably become a proxy for character, even reasoned opposition to progressive ideals, particularly on the campus, is delegitimized and discounted as having been informed by sinister motives. I argue in the book that too often conservative ideas are either ignored by their critics or deliberately distorted so as to identify an enemy against which the social justice war may be fought. There is ample evidence of this, and I hesitate to identify any one event or episode to draw conclusions. Yet I recently find myself coming back to a video passed along to me that recorded the Young Americas Foundation at the University of Kansas being aggressively confronted at one of their meetings by protesters. What strikes me in that video is that the person behind the camera seems to be officiating the ensuing debate, commenting on and critiquing every gesture or utterance made by members of the YAF group, essentially flagging them for violations of rules to which they never agreed. The concept of civil discourse is applied so lopsidedly that only one set of ideas is allowed to prevail. I think this is by design, even though, as you suggest, a serious consideration of conservative ideas and philosophies would broaden minds and better prepare us all for the responsibilities of civic life.

AM:  Do you worry about our habits of reading in our technological and digital age?  I recall Harold Bloom once saying that we all read “against the clock.”  Readers of the Bible, he says, read with more urgency than, say, readers of Shakespeare, but there’s always the problem of the limitations of time: Life just isn’t long enough for us to read everything worth reading.  Thinking about that has sometimes led me into a feeling of existential angst, especially after I spent a few years on a self-imposed reading diet that included the consumption of a canonical work from Western Civilization per week.  When I finished the program each year, I was distraught at how little I’d actually read.  I’m concerned that we’re wasting a lot of precious time reading texts that just aren’t that fulfilling or edifying. 

MZ:  The reading project you describe is an ambitious one. I merely committed to reading a page of Waugh every day this year, and I couldn’t even do that. On a related note, a current depressing irony for me is that I have volume I of Proust’s In Search of Lost Time sitting on my shelf, and I have spent precious minutes staring at it, wondering if I could actually ever get through all 7 volumes. There are a lot of reasons for our society’s detachment from literature, and reading has definitely been made very difficult in the digital age. The sheer amount of available information is daunting, and it has led to a frenetic search for the quick, easy, and thereby ungratifying.

I think, though, that while the internet has shifted our ability to focus and perhaps even changed how our brains process information, it has also caused a loss of discipline. It appeals to human nature to swipe to the next task if something becomes intellectually difficult, and this is made almost compulsory by technology, especially for those young people who have been immersed in it almost literally from day 1. Maybe I’m just projecting, though. I struggle with it as well, and I also find myself often wondering, in this day and age of always needing to be busy, how much we all might benefit from slowing down and reading a little Austen.

AM:  This has been a fun interview for me.  One last question: are you working on any projects right now that readers should know about?

MZ:  Thanks, Allen, for the opportunity to talk with you. I have enjoyed it as well. I have shifted my research focus a bit from literature toward the state of the university more generally. Editing Literature and the Conservative Ideal prompted much thought about the future of higher education and the increasing importance of broad-mindedness on the campus.

I am currently editing a collection for Rowman & Littlefield tentatively titled Remaking the University: Liberal Learning, the West, and the Revival of American Higher Education. I am also in discussions to publish a separate volume entitled Defending the West: Finding Culture and Common Humanity in the Postmodern Age. Both books seek to build on a long tradition of support for free expression and the pursuit of truth as well as Western culture’s influence on both. After our discussion, though, I am realizing I might need to just be doing a bit more reading.

AM:  We all need that.  Thanks for the interview, Mark.

Part Two: Allen Mendenhall Interviews Mark Zunac about his new edition, “Literature and the Conservative Ideal”

In Academia, American Literature, Arts & Letters, Books, British Literature, Conservatism, Fiction, Humanities, liberal arts, Liberalism, Literary Theory & Criticism, Literature, Novels, Pedagogy, Philosophy, Politics, Scholarship, Teaching, The Academy, Western Civilization, Western Philosophy on November 16, 2016 at 7:00 am
Mark Zunac

Mark Zunac

Mark Zunac is associate professor in the Department of Languages and Literatures at the University of Wisconsin-Whitewater.  Editor of Literature and the Conservative Ideal, he researches revolution, writing, and the rise of intellectual conservatism in Britain following the French Revolution. He received his Ph.D. from Marquette University in 2008.

AM:  In your essay “Conservatism, Liberal Education, and the Promise of the Humanities,” one of two essays you contributed to the edition, you state, “There is a broader philosophical conflict at hand between the very principle of academic freedom, encompassing the rights of individuals to engage in scholarly inquiry and espouse contrarian views, and policies currently governing campus discourse.”  What do you mean by this?

MZ: Quite simply, the state of campus discourse is, by its very essence, incompatible with the rights of faculty – and students themselves – to engage in the search for truth. When conduct, particularly verbal conduct, can be reported and penalized through mechanisms designed to “protect” students, we might sense that something much greater is afoot. If such fundamental rights as speech and due process are curtailed – as I feel they have systematically been on today’s campus – then we are no longer interested in educating an informed and responsible citizenry. The great irony in this is that even as faculty and administrators maintain the conceit that students must confront dissonant viewpoints, the viewpoints that qualify are limited and selective. Therefore, I think the fear of faculty to approach teaching or research from a conservative angle, or even to introduce conservative arguments in the context of intellectual debate, is very real. Some things are better left unsaid, especially when tenure, promotion, or funding are on the line.

On the other hand, the concept of academic freedom has been so narrowed as to apply almost exclusively to members of the faculty. The dearth of conservative faculty in the humanities and social sciences makes it difficult to determine the degree to which this privilege might be invoked as a defense against charges of offending progressive student sensibilities. The case of Marquette professor John McAdams that I discuss in the book is not promising. It is fortuitous that the demands of students to be protected from certain ideas are often in harmony with the ideological makeup of the faculty. Nevertheless, it can be argued that the freedom claimed by a largely progressive professoriate is not afforded to the student body, which labors more under the onerous regulations governing speech and conduct.

Aside from being able to report the utterance of harmful words, students have very little stake in academic freedom’s fundamental premise, and their rights have ceased to be part of the conversation on classroom conduct. I don’t count the imposition of trigger warnings and the creation of safe spaces as really striking a blow for freedom or the intellectual pursuit. Faculty might be able to proselytize under the banner of academic freedom, but students have little recourse when scholarly inquiry descends into partisan demagoguery. It speaks volumes that today’s campus will often charge conservative student groups for added security at their events in anticipation of disruption and unrest. The campus in this case is refusing to guarantee what is essentially the safety of free expression. It has been said that the greatest beneficiaries of a political and ideological monoculture are conservative students, who are consistently challenged to refine their arguments and confront opposing viewpoints. But that’s perhaps little compensation when those arguments are preemptively dismissed and delegitimized by an institution unwilling to entertain them. Some critics have been ambivalent about either the extent of curricular politicization that exists on today’s campus or its impact on students. I don’t think either can be overstated.

AM:  The question I hear a lot—and in different contexts—is “what can be done?”  Do you have an answer to that question in light of what you’ve just said? 

MZ:  To answer that important question I would probably qualify some rejections to otherwise bad ideas. Federal funding should not be tied to the amount of money students can be expected to earn upon graduation. However, at some point students must be expected to see some material returns from the meteoric rise of tuition and administrative costs. We have seen an intense regulatory push directed exclusively at for-profit colleges over the last eight years. The question of value in higher education is a good one, and perhaps it shouldn’t only be asked of these for-profits.

Also, while the idea has been floated, I do not believe in any kind of affirmative action for conservative professors. However, departments conspicuously lacking in conservative faculty members might take steps to acknowledge the intellectual costs of such insularity and promote viewpoint diversity, a concept propounded by groups like Heterodox Academy, the National Association of Scholars, and the John William Pope Center. These are not conservative organizations but rather ones that care deeply about the state of discourse on today’s campus and how it adversely affects learning.

Furthermore, while we must heed Michael Oakeshott’s warning not to “suspend conversationality for a politicizing counterrevolution,” a more robust rejection of identity’s preeminent place in in the classroom might restore some dignity to the learning process. It is not atypical for composition students, for example, to be assigned anthologies that are promoted as much for the racial, ethnic, and gender identifications of their authors as the dynamism of their prose or the enduring legacy of their ideas. No doubt many of the essays in these collections are worth modeling and are deserving of study, but not because of predetermined genetic variables. Having students read essays by Max Beerbohm, John Ruskin, or Evelyn Waugh – all the while ignoring their “privilege” – might inadvertently put the focus of the class on prose style, rhetoric, and stylistic precision.

Finally, it should remain up to students to choose their colleges carefully. There are a lot of alternative institutions that have placed the pursuit of knowledge above all else. The market for this kind of place is strong, and those charged with administering higher education could do very well to take notice.

AM:  At one point in the book you mention a “multicultural canon.”  I’m interested in this phrase because I’m interested in canonicity and the idea that there are certain works that are more influential and important than others within a given tradition, and even that certain traditions may produce works that are more influential and important than works produced by other traditions.  You often here people dismiss the idea of a canon but urge the reading of certain texts.  It seems that any support for a program of reading necessarily entails a view of the canon, however different that might be from prevailing consensus.  At a time when English departments are struggling to maintain stable and uniform curricula, and the notion of a canon has become unpopular, what does it mean for a work to be canonical? 

MZ:  While the idea of a canon has become unpopular, it still exists in every department that embraces the multicultural ethos of the university. And it is equally as narrow as the one it sought to replace and far more intransigent. Like so many revolutions, the spirit of canon reform was swept away by a radical zeal to destroy foundations necessary for, in this case, literature’s survival as part of a college curriculum. To me, literature is universal and it has the potential to speak to a common humanity. In short, it should be valued for its own sake and for its cultural status as an expression of artistic endeavor. It has intrinsic value, and its success lies in part on historical continuity – on its relationship to what came before it. In the book, I mention T.S. Eliot’s “historical sense,” the idea that tradition must be defended against forces that would destroy it out of hand. I think that in many ways this has happened. Today’s literature has become so balkanized as to render impossible the continuance of any sort of shared cultural value system. To that point, I would also argue that an English curriculum consisting predominantly of identity-based literature (African-American, Native American, Women’s, Latinx, etc.) can in no real way be considered diverse. As it is, those who might turn to literature for the truth it tells, for its contemplation of ideas, or for its linguistic execution have been in retreat.

I’m not sure anyone would make the case that the traditional canon was never fluid or that it hasn’t contained glaring omissions. It has, and they should be rectified. But whereas critics in the past denounced the traditional canon as the product of “institutional tastemaking,” today’s demands for courses that aim to represent some unique, singular experience are guilty of the same thing. A canon is necessarily foundational. It isn’t, however, necessarily exclusionary, and an inclusive canon should be exactly that. This is a very long way of saying that a canonical work might be one that embodies an idea or an epoch, or one that masterfully portrays the psychological depth of a character in crisis. There are many divergent opinions as to this question, and I don’t consider myself an authority. But my vision is this: surely others have treated the same subjects as, say, Edith Wharton, Ralph Ellison, and Saul Bellow. We just have to be able to say that few have perhaps done it better. The reader may take his (or her) pick as to what authors deserve special consideration. The point is that the literature’s function and its success as a work of art are what we consider first and foremost. I think that case can be made, and reinforcing the idea of great literature – asserting its very existence – may benefit our discipline greatly.

AM:  If a student were to ask you for 10 writers you believed every person must read before he or she dies, who would they be?

MZ:  This is a question every literature person longs for, and at the risk of inevitably short-changing some, here is my list, in absolutely no particular order: Ernest Hemingway, George Eliot, Martin Amis, Evelyn Waugh, Charles Dickens, Jane Austen, Fyodor Dostoevsky, Thomas Hardy, Saul Bellow, and Vladamir Nabakov.

 

Part Three coming soon….

Part One: Allen Mendenhall Interviews Mark Zunac about his new edition, “Literature and the Conservative Ideal”

In Academia, American History, American Literature, Arts & Letters, Books, British Literature, Conservatism, Creativity, Fiction, History, Humanities, liberal arts, Liberalism, Literary Theory & Criticism, Literature, Novels, Philosophy, Poetry, Politics, Postmodernism, Scholarship, Western Civilization, Western Philosophy on November 9, 2016 at 6:45 am
Mark Zunac

Mark Zunac

Mark Zunac is associate professor in the Department of Languages and Literatures at the University of Wisconsin-Whitewater.  Editor of Literature and the Conservative Ideal, he researches revolution, writing, and the rise of intellectual conservatism in Britain following the French Revolution. He received his Ph.D. from Marquette University in 2008.

 

AM:  Thank you for this interview, Mark.  Your recent edition is titled Literature and the Conservative Ideal.  What, in your view, is the conservative ideal?

MZ:  In my mind the conservative ideal reflects what Michael Oakeshott calls a “disposition” rather than something that can be expressed by a singular identifiable creed. Nevertheless, I would say that it is in many ways an intuitive and practical view of the world, one that privileges human freedom, acknowledges a common humanity, and maintains a healthy regard for the accumulated wisdom of ages.

In today’s context, it is also uniquely defined by what it is not, since the very idea of an intellectual conservatism is often met with condescension or, perhaps in some cases, preemptive disdain. This invariably reflects a reductive and fundamental – and often deliberate – misunderstanding. Contra its critics, the conservative ideal does not demand a blind allegiance to the status quo, nor does it entail uncritical nostalgia for some heroic past. Such willful obtuseness I think would have its present-day parallel in the relentless deconstruction of nearly everything that we as citizens in a liberal democracy have taken for granted.

It is too easy to characterize the conservative disposition as a product of an unenlightened past or, more nefariously, deep-rooted prejudices. The destruction of a civil order grown out of its past has become reflexive and impulsive, and there is seldom any careful reflection as to what, practically speaking, a society unmoored from its historical roots will look like. Thus, the conservative ideal is grounded in the enduring presence of civilizational standards that, while not immune to scrutiny or change, are nevertheless prerequisites for a stable and ordered society.

Of course, as an intellectual exercise, it is more difficult, or at least less exciting, to make a case against earthly utopias, particularly when they have been peddled as some moral zenith. In a word, the conservative ideal encompasses a respect for the past and a deep skepticism for any social innovations that might jeopardize its influence on what may rightly be called culture.

AM:  After the turf wars over canon and curriculum in the 1980s and 1990s, did any expositors of the conservative ideal come out alive? 

MZ:  There have indeed been some survivors, but the side was badly damaged. As English departments became wholly owned subsidiaries of the multicultural program, literature became simply one more vehicle through which victimization and oppression became the sole standard for assigning value.

The study of literature as an artistic endeavor, one subject to critical judgment and the recognition of a work’s place within literary history, was supplanted by the idea that value is situational and that any search for truth or beauty must necessarily be futile. The most significant casualties of the English turf wars have been works of the West, useful now only for their iteration of or complicity in historical cruelties.

Unfortunately, approaches to literature that privilege the text over the identity of its author or characters have become associated with political conservatism, itself a byproduct of the contemporary university’s tendency to hold politics as an individual’s highest calling. Thus, when it comes to literary criticism, a conservative ideal has less to do with promoting certain ideologies than with a dispassionate return to literature as a form of high art. Doubly unfortunate, and perhaps a bit ironic, is that as students of English literature continue to flock to other areas of study, we in the field have doubled-down on curricular approaches that are now not only stale but increasingly obsolete.

AM:  Can anything be done to save the field at this point, or is it doomed for failure? I realize these are strong words, and perhaps premature, but there do seem to be trends and data that suggest that at least English departments will face serious budgetary and enrollment problems in the years to come.

MZ:  Yes, I suppose we shouldn’t be too fatalistic at this point, even though in many cases the situation is nearing critical. I don’t much doubt that English departments will continue to exist, and perhaps even thrive, in the future. They just might have to take on a new identity, as it were. It might ultimately be fortuitous that as fewer people read, the less aptitude there seems to be for writing well. Thus, the rise of professional writing programs and the continuance of rudimentary instruction in composition may throw us a lifeline.

Departments have not, for the most part, adapted to the current climate. In some regard, there will always be a case for literature’s place within the educational landscape, and we should not stop making it. I completely sympathize with certain laments over the decline of literature and the humanities more broadly, indicated, as you suggest, by certain unpropitious trends. Many of them I will grant fall outside of our purview.

I think the liberal arts, even in their purest form, are threatened by the credentialist attitude currently infusing higher education. In addition, the heavy emphasis on STEM fields in primary and secondary education, combined with the turn toward “fact-based” texts, is both a capitulation to market demands and a nod to the reality that slow reading as an intrinsically rewarding enterprise can’t compete in the digital world.

So, despite our own malfeasance, there are certainly many other cultural trends causing our decline. Though I cannot help thinking how the complete dominance of Theory within literary criticism over the last number of decades has left would-be readers wondering how a text can possibly be relevant to their personal lives or how it might provide insights into the human condition. This is to say nothing of how that text might not be so predictably subservient to the social and cultural forces that informed it.

AM:  You mention this in your introduction, but for the sake of readers of the blog, I’ll ask how you chose the contributors to this edition.  

It wasn’t until well after graduate school that I encountered intellectual viewpoints from within my discipline that were congenial to both my own political predilections and my preferred approach to literature. The idea that these could coexist, or even work in concert, hadn’t really occurred to me. I remember feeling somewhat liberated by the presence of literary scholars in opinion and public affairs journals that I avidly read. I realized that while scholarship had its place, questions surrounding the study of literature and its implications for our culture deserved a place in a much wider realm of ideas. In a way, I found an intellectual home outside of the university, which, in my case, proved salutary.

The roster for Literature and the Conservative Ideal was assembled by individual cold calling. I had compiled a fairly short list of scholars whose work I had come across in these popular venues and who I thought might at least be able to consider conservatism’s role in literary study as well as its various formulations in selective literary works. The response to my initial proposal was very positive, and I remain infinitely grateful to the contributors for their generosity.

What I have come to understand over the years is that genuine concern over the state of literature today is not bounded by party affiliations or directed by a singular ideological framework. As I mention in the book, personal politics did not figure in discussions with contributors, nor did I harbor any assumptions about them. I think it is a testament to dispassionate scholarship and the contributors’ dedication to their craft that the volume came together the way that it did.

AM:  What critics do you consider representative of the conservative tradition?

MZ:  I think in this case it is once again useful to detach what might be considered a conservative approach to literature from the more freighted use of the term in a distinctly political context. In so doing, a critic such as Lionel Trilling, known for his oft-repeated equation of conservatism with “irritable mental gestures,” might be classified as an exemplar of a conservative literary tradition. His emphasis on literature as an embodiment of culture cut against the grain of scholarship that valued texts primarily for their reflection of bourgeois society. Close reading and moral judgment are at the center of Trilling’s critiques, and his skepticism of a literature that “pets and dandles its underprivileged characters” might be sustained as a rebuke to today’s critical environment.

Writing also in what might be called the conservative tradition is of course F.R. Leavis, whose concern for literature’s essential role within civilized life is discussed by Thomas Jeffers in the book. I would also include T.S. Eliot and other contributors to Scrutiny, a publication whose critical acumen and attention to literature’s artistic expression is in many ways lacking today. It is, however, still found in the pages of such eminent publications as Commentary, the Claremont Review of Books, The New Criterion, and others. So, as readers of The Literary Lawyer are keenly aware, the humanistic tradition, which stands athwart today’s prevailing postmodernist ethos, is very much alive. It just isn’t generally in vogue in those places where literature is taught.

 

Part Two coming soon….

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