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Archive for the ‘Arts & Letters’ Category

Law and Locality

In Arts & Letters, Humanities, Jurisprudence, Justice, Law, Libertarianism, Philosophy, Politics on August 7, 2013 at 8:45 am

Allen Mendenhall - Copy

On one common definition, law is a practice or set of rules based in custom and habit.  Law is not diktat.  It arises spontaneously through the interaction of human agents operating within and among social groups and precedes State promulgation.

Legislative enactment can reflect the law as it is constituted in the mores and traditions of groups, but it can also be the result of governmental usurpation.  The legislator does not embody the peoples he represents, and as society grows ever more complex and populations ever denser, as technologies link us more and more to one another in cyberspace and other virtual fora with disembodied communicants, the notion that the legislator speaks on behalf of his constituents becomes increasingly dubious if not downright absurd.

Local groups such as schools, clubs, community organizations, and churches have complex rules of exchange derived from shared mores and traditions.  They are more likely to speak accurately about the wants and needs of their community.  Their rules are not necessarily articulated, but tacitly understood.

These local groups recognize regulations not as monolithic, governmental impositions but as integrated schemes of social principles.  Group-members who fail or refuse to follow rules and regulations are punished.  On this local level, punishment can be simple: ostracism or public disapproval. A businessperson who violates another businessperson’s trust will lose business, just as he will lose clients by losing consumers’ trust; a church-member living in sin will likewise suffer from the judgment of his peers or, more appropriately, from the canon law pertaining to his sin.

In these examples, it is clear that the State should not intervene in punishing the wrongdoer; local custom and habit suffice to regulate conduct without resort to State violence or compulsion; therefore, private associations suffice to generate rules and their corresponding punishments.  Distant government bodies are not likely to conform to the intricate constitutions of local peoples and therefore are likely to exercise their disciplinary powers using punitive, exploitative, or arbitrary means.

William Lane Craig: Four Debates

In Arts & Letters, Christianity, Epistemology, Ethics, God, Humanities, Philosophy, Religion, Teaching on July 31, 2013 at 8:45 am

William Lane Craig

William Lane Craig, a philosopher and Christian apologist, is a member of Johnson Ferry Baptist Church, which my wife and I visited regularly when we lived in Atlanta and where my parents, siblings, grandmother, uncle, aunt, and cousins remain members.  Earlier this month, The Chronicle of Higher Education ran a profile piece on Dr. Craig.  Below are four high-profile debates in which Dr. Craig participated.  Enjoy.

1.  Dr. Craig debates Christopher Hitchens on the Existence of God.  The video has not been made available for embedding on external websites, so the best I can offer is a link.

2.  Dr. Craig debates Stephen Law on the Existence of God.

 

3.  Dr. Craig debates Peter Atkins on the existence of God.

 

4.  Dr. Craig debates Alex Rosenberg on the reasonableness of faith in God.

Pantry, 1982

In Arts & Letters, Creative Writing, Humanities, Poetry, Writing on July 24, 2013 at 8:45 am

Allen Mendenhall

 

A box of cereal, stale, ants running

Up the side, two brown bananas that

 

He says cleanse the pores

(If rubbed thoroughly),

 

An unwrapped chocolate bar

And a plethora of cans, unopened:

 

In a locked pantry, Little Maddy sits

Plucking the stems

 

Off Granny-Smiths.  Just ten more

Minutes.  Maddy, weary, wondering

 

Just when daddy would come home.

Time: the pantry is unlocked

 

And out comes light

And apples and, lastly, Maddy.

 

Daddy reaches

For the two rotting bananas,

 

Notes can upon unopened can,

Unwraps the chocolate bar,

 

Smears chocolate on his fingers,

Stops, thinks how unlikely it is

 

For apples to lose their stems.

Donna Meredith Reviews “Keep No Secrets,” by Julie Compton

In Arts & Letters, Books, Fiction, Humanities, Law, Law-and-Literature, Novels, Writing on July 17, 2013 at 8:45 am

Donna Meredith is a freelance writer living in Tallahassee, Florida. She taught English, journalism, and TV production in public high schools in West Virginia and Georgia for 29 years. Donna earned a BA in Education with a double major in English and Journalism from Fairmont State College, an MS in Journalism from West Virginia University, and an EdS in English from Nova Southeastern University. She has also participated in fiction writing workshops at Florida State University and served as a newsletter editor for the Florida State Attorney General’s Office. The Glass Madonna was her first novel. It won first place for unpublished women’s fiction in the Royal Palm Literary Awards, sponsored by the Florida Writers Association, and runner up in the Gulf Coast novel writing contest. Her second novel, The Color of Lies, won the gold medal for adult fiction in 2012 from the Florida Publishers Association and also first place in unpublished women’s fiction from the Florida Writers Association. Her latest book is nonfiction, Magic in the Mountains, the amazing story of how a determined and talented woman revived the ancient art of cameo glass in the twentieth century in West Virginia.  She is currently working on a series of environmental thrillers featuring a female hydrogeologist as the lead character.

Julie Compton

Above: Julie Compton

The following review is appearing simultaneously in Southern Literary Review.

Keep No Secrets, Julie Compton’s powerful sequel to Tell No Lies, is guaranteed to keep readers turning pages into the wee hours of the morning. Both of Compton’s courtroom thrillers are set in St. Louis, Missouri, where she grew up.

Like Jodi Picoult’s best works, Compton’s novels sizzle with all the trust, betrayal, love, and forgiveness family relationships entail—especially when you expose their private conflicts in a public courtroom. Her books seem to pose this question: how well can you know even those people closest to you?

Read Tell No Lies first. Though the sequel provides enough backstory to be a great read on its own, without understanding the first book you’d miss the riveting psychological development of the primary characters, all of whom star in the sequel as well.

In Tell No Lies, idealistic lawyer Jack Hilliard leaves behind a lucrative private practice to run for district attorney. The plot centers around a high-profile murder case. Jack is easy to like because he tries so hard to do the right thing. But there wouldn’t be a story if he were perfect. He yields to one temptation, which hurls his life on a downward spiral that nearly ends his marriage and his career.

The final plot twist leaves you wondering if Jack has been manipulated. Compton is that rare author who trusts her readers’ intelligence. She allows us to figure things out for ourselves, to experience the same doubts as Jack Hilliard. It makes the novel more like our own lives, where we can’t always tell what people’s motives are or know when they are lying.

Keep No Secrets begins four and a half years after the events of Tell No Lies. During that time, Jack Hilliard has worked arduously to repair the damage caused by his mistakes—and has largely succeeded. Until the night he finds his teenage son Michael having sex with his girlfriend. They are drunk. Being a white knight kind of guy, Jack gives the girl a ride home. In an effort to win back his son’s love and respect, Jack doesn’t tell his wife about Michael’s transgressions. That car ride sets off an unforeseeable chain of events that threaten to wreck Jack’s career and marriage once again.

Think that’s enough dirt to dump on a nice guy like Jack? Not a chance. The already untenable situation deteriorates further when Jenny Dodson, the woman involved in his earlier downfall, reappears after all these years, asking for his help. He can’t say no, but he vows to keep his wife truthfully informed of everything that happens. He does. Sort of. “The lies aren’t what he says; they’re what he doesn’t say”—this is a refrain Compton artfully employs several times.

This novel deals with social issues like the impact of adultery and sexual assault on families. Most readers are going to put themselves in the various characters’ situations and ask themselves if they would have behaved differently. Would we lie to protect a loved one? What if you knew something that would put the one you love in jail or in danger? Would you tell the truth? What if not telling keeps an innocent person imprisoned? How far should we trust the legal system? If a spouse gave us reason to doubt, could we forgive and trust again? When is it time to give a marriage another chance—and when is it time to walk away?

Compton’s novels are as fine as any courtroom thrillers out there. Though her use of present tense can be a bit distracting, the well-plotted series sparkles with psychologically complex characters.

For both undergraduate work and law school, Compton attended Washington University in Missouri. She began her legal career there, but last practiced in Wilmington, Delaware, as a trial attorney for the U.S. Department of Justice. She now lives near Orlando with her husband and two daughters and writes full-time. She is also the author of Rescuing Olivia, a novel of suspense, romance, and family drama.

Below: Donna Meredith

Donna Meredith

Abolish the Bar Exam

In America, American History, Arts & Letters, History, Humanities, Law, Legal Education & Pedagogy, Nineteenth-Century America on July 10, 2013 at 8:45 am

Allen Mendenhall

This article originally appeared here at LewRockwell.com.

Every year in July, thousands of anxious men and women, in different states across America, take a bar exam in hopes that they will become licensed attorneys. Having memorized hundreds if not thousands of rules and counter-rules — also known as black letter law — these men and women come to the exam equipped with their pens, laptops, and government-issued forms of identification. Nothing is more remote from their minds than that the ideological currents that brought about this horrifying ritual were fundamentally statist and unquestionably bad for the American economy.

The bar exam is a barrier to entry, as are all forms of professional licensure. Today the federal government regulates thousands of occupations and excludes millions of capable workers from the workforce by means of expensive tests and certifications; likewise various state governments restrict upward mobility and economic progress by mandating that workers obtain costly degrees and undergo routinized assessments that have little to do with the practical, everyday dealings of the professional world.

As a practicing attorney, I can say with confidence that many paralegals I know can do the job of an attorney better than some attorneys, and that is because the practice of law is perfected not by abstract education but lived experience.

So why does our society require bar exams that bear little relation to the ability of a person to understand legal technicalities, manage case loads, and satisfy clients? The answer harkens back to the Progressive Era when elites used government strings and influence to prevent hardworking and entrepreneurial individuals from climbing the social ladder.

Lawyers were part of two important groups that Murray Rothbard blamed for spreading statism during the Progressive Era: the first was “a growing legion of educated (and often overeducated) intellectuals, technocrats, and the ‘helping professions’ who sought power, prestige, subsidies, contracts, cushy jobs from the welfare state, and restrictions of entry into their field via forms of licensing,” and the second was “groups of businessmen who, after failing to achieve monopoly power on the free market, turned to government — local, state, and federal — to gain it for them.”

The bar exam was merely one aspect of the growth of the legal system and its concomitant centralization in the early twentieth century. Bar associations began cropping up in the 1870s, but they were, at first, more like professional societies than state-sponsored machines. By 1900, all of that changed, and bar associations became a fraternity of elites opposed to any economic development that might threaten their social status.

The elites who formed the American Bar Association (ABA), concerned that smart and savvy yet poor and entrepreneurial men might gain control of the legal system, sought to establish a monopoly on the field by forbidding advertising, regulating the “unauthorized” practice of law, restricting legal fees to a designated minimum or maximum, and scaling back contingency fees. The elitist progressives pushing these reforms also forbade qualified women from joining their ranks.

The American Bar Association was far from the only body of elites generating this trend. State bars began to rise and spread, but only small percentages of lawyers in any given state were members. The elites were reaching to squeeze some justification out of their blatant discrimination and to strike a delicate balance between exclusivity on the one hand, and an appearance of propriety on the other. They made short shrift of the American Dream and began to require expensive degrees and education as a prerequisite for bar admission. It was at this time that American law schools proliferated and the American Association of Law Schools (AALS) was created to evaluate the quality of new law schools as well as to hold them to uniform standards.

At one time lawyers learned on the job; now law schools were tasked with training new lawyers, but the result was that lawyers’ real training was merely delayed until the date they could practice, and aspiring attorneys had to be wealthy enough to afford this delay if they wanted to practice at all.

Entrepreneurial forces attempted to fight back by establishing night schools to ensure a more competitive market, but the various bar associations, backed by the power of the government, simply dictated that law school was not enough: one had to first earn a college degree before entering law school if one were to be admitted to practice. Then two degrees were not enough: one had to pass a restructured, formalized bar exam as well.

Bar exams have been around in America since the eighteenth century, but before the twentieth century they were relaxed and informal and could have been as simple as interviewing with a judge. At the zenith of the Progressive Era, however, they had become an exclusive licensing agency for the government. It is not surprising that at this time bar associations became, in some respects, as powerful as the states themselves. That’s because bar associations were seen, as they are still seen today, as agents and instrumentalities of the state, despite that their members were not, and are not, elected by the so-called public.

In our present era, hardly anyone thinks twice of the magnificent powers exercised and enjoyed by state bar associations, which are unquestionably the most unquestioned monopolies in American history. What other profession than law can claim to be entirely self-regulated? What other profession than law can go to such lengths to exclude new membership and to regulate the industry standards of other professions?

Bar associations remain, on the whole, as progressive today as they were at their inception. Their calls for pro bono work and their bias against creditors’ attorneys, to name just two examples, are wittingly or unwittingly part of a greater movement to consolidate state power and to spread ideologies that increase dependence upon the state and “the public welfare.” It is rare indeed to find the rhetoric of personal responsibility or accountability in a bar journal. Instead, lawyers are reminded of their privileged and dignified station in life, and of their unique position in relation to “members of the public.”

The thousands of men and women who will sit for the bar exam this month are no doubt wishing they didn’t have to take the test. I wish they didn’t have to either; there should be no bar exam because such a test presupposes the validity of an authoritative entity to administer it. There is nothing magical about the practice of law; all who are capable of doing it ought to have a chance to do it. That will never happen, of course, if bar associations continue to maintain total control of the legal profession. Perhaps it’s not just the exam that should go.

The 13 Virtues of Benjamin Franklin

In America, American History, Arts & Letters, Books, Ethics, History, Humanities, Literature, Western Civilization on June 26, 2013 at 8:49 am

Benjamin Franklin

In his autobiography, Benjamin Franklin listed 13 virtues by which he sought to live.  Here they are:

1.  TEMPERANCE. Eat not to dullness; drink not to elevation.

2.  SILENCE. Speak not but what may benefit others or yourself; avoid trifling conversation.

3.  ORDER. Let all your things have their places; let each part of your business have its time.

4.  RESOLUTION. Resolve to perform what you ought; perform without fail what you resolve.

5.  FRUGALITY. Make no expense but to do good to others or yourself; i.e., waste nothing.

6.  INDUSTRY. Lose no time; be always employ’d in something useful; cut off all unnecessary actions.

7.  SINCERITY. Use no hurtful deceit; think innocently and justly, and, if you speak, speak accordingly.

8.  JUSTICE. Wrong none by doing injuries, or omitting the benefits that are your duty.

9.  MODERATION. Avoid extreams; forbear resenting injuries so much as you think they deserve.

10.  CLEANLINESS. Tolerate no uncleanliness in body, cloaths, or habitation.

11.  TRANQUILLITY. Be not disturbed at trifles, or at accidents common or unavoidable.

12.  CHASTITY. Rarely use venery but for health or offspring, never to dulness, weakness, or the injury of your own or another’s peace or reputation.

13.  HUMILITY. Imitate Jesus and Socrates.

Franklin was a great man, even if he fell far short of his own high standards.  Lists like these can, I think, help one to improve oneself.  See my reading list for this year.

Pragmatists Versus Agrarians?

In America, American History, Arts & Letters, Book Reviews, Books, Conservatism, Emerson, History, Humanities, Liberalism, Literary Theory & Criticism, Literature, Nineteenth-Century America, Philosophy, Politics, Pragmatism, Southern History, Southern Literature, Western Civilization, Western Philosophy, Writing on June 19, 2013 at 8:45 am

Allen Mendenhall

This review originally appeared here at The University Bookman.

John J. Langdale’s Superfluous Southerners paints a magnificent portrait of Southern conservatism and the Southern Agrarians, and it will become recognized as an outstanding contribution to the field of Southern Studies. It charts an accurate and compelling narrative regarding Southern, Agrarian conservatism during the twentieth century, but it erroneously conflates Northern liberalism with pragmatism, muddying an otherwise immaculate study.

Langdale sets up a false dichotomy as his foundational premise: progressive, Northern pragmatists versus traditionalist, Southern conservatives. From this premise, he draws several conclusions: that Southern conservatism offers a revealing context for examining the gradual demise of traditional humanism in America; that Northern pragmatism, which ushered in modernity in America, was an impediment to traditional humanism; that “pragmatic liberalism” (his term) was Gnostic insofar as it viewed humanity as perfectible; that the man of letters archetype finds support in Southern conservatism; that Southern conservatives eschewed ideology while Northern liberals used it to present society as constantly ameliorating; that Southern conservatives celebrated “superfluity” in order to preserve canons and traditions; that allegedly superfluous ways of living were, in the minds of Southern conservatives, essential to cultural stability; that Agrarianism arose as a response to the New Humanism; and that superfluous Southerners, so deemed, refined and revised established values for new generations.

In short, his argument is that Southern conservatives believed their errand was to defend and reanimate a disintegrating past. This belief is expressed in discussion of the work of six prominent Southern men of letters spanning two generations: John Crowe Ransom, Donald Davidson, Allen Tate, Cleanth Brooks, Richard Weaver, and M. E. Bradford.

Langdale ably demonstrates how the Southern Agrarians mounted an effective and tireless rhetorical battle against organized counterforces, worried that scientific and industrial progress would replace traditional faith in the unknown and mysterious, and fused poetry and politics to summon forth an ethos of Romanticism and chivalry. He sketches the lines of thought connecting the earliest Agrarians to such later Southerners as Weaver and Bradford. He is so meticulous in his treatment of Southern conservatives that it is surprising the degree to which he neglects the constructive and decent aspects of pragmatism.

Careful to show that “Agrarianism, far from a monolithic movement, had always been as varied as the men who devised it,” he does not exercise the same fastidiousness and impartiality towards the pragmatists, who are branded with derogatory labels throughout the book even though their ideas are never explained in detail. The result is a series of avoidable errors.

First, what Langdale treats as a monolithic antithesis to Southern conservatism is actually a multifaceted philosophy marked by only occasional agreement among its practitioners. C. S. Peirce was the founder of pragmatism, followed by William James, yet Peirce considered James’s pragmatism so distinct from his own that he renamed his philosophy “pragmaticism.” John Dewey reworked James’s pragmatism until his own version retained few similarities with James’s or Peirce’s. Oliver Wendell Holmes Jr. never identified himself as a pragmatist, and his jurisprudence is readily distinguishable from the philosophy of Peirce, James, and Dewey. Each of these men had nuanced interpretations of pragmatism that are difficult to harmonize with each other, let alone view as a bloc against Southern, traditionalist conservatism.

Second, the Southern Agrarians espoused ideas that were generally widespread among Southerners, embedded in Southern culture, and reflective of Southern attitudes. By contrast, pragmatism was an academic enterprise rejected by most Northern intellectuals and completely out of the purview of the average Northern citizen. Pragmatism was nowhere near representative of Northern thinking, especially not in the political or economic realm, and it is hyperbolic to suggest, as Langdale does, that pragmatism influenced the intellectual climate in the North to the extent that traditionalist conservatism influenced the intellectual climate in the South.

Third, the pragmatism of Peirce and James is not about sociopolitical or socioeconomic advancement. It is a methodology, a process of scientific inquiry. It does not address conservatism per se or liberalism per se. It can lead one to either conservative or liberal outcomes, although the earliest pragmatists rarely applied it to politics as such. It is, accordingly, a vehicle to an end, not an end itself. Peirce and James viewed it as a technique to ferret out the truth of an idea by subjecting concrete data to rigorous analysis based on statistical probability, sustained experimentation, and trial and error. Although James occasionally undertook to discuss political subjects, he did not treat pragmatism as the realization of political fantasy. Pragmatism, properly understood, can be used to validate a political idea, but does not comprise one.

The Southern Agrarians may have privileged poetic supernaturalism over scientific inquiry; it does not follow, however, that pragmatists like Peirce and James evinced theories with overt or intended political consequences aimed at Southerners or traditionalists or, for that matter, Northern liberals. Rather than regional conflict or identity, the pragmatists were concerned with fine-tuning what they believed to be loose methods of science and epistemology and metaphysics. They identified with epistemic traditions of Western philosophy but wanted to distill them to their core, knowing full well that humans could not perfect philosophy, only tweak it to become comprehensible and meaningful for a given moment. On the other hand, the Southern Agrarians were also concerned with epistemology and metaphysics, but their concern was invariably colored by regional associations, their rhetoric inflected with political overtones. Both Southern Agrarians and pragmatists attempted to conserve the most profitable and essential elements of Western philosophy; opinions about what those elements were differed from thinker to thinker.

Fourth, Langdale’s caricature (for that is what it is) of pragmatism at times resembles a mode of thought that is alien to pragmatism. For instance, he claims that “pragmatism is a distinctly American incarnation of the historical compulsion to the utopian and of what philosopher Eric Voegelin described as the ancient tradition of ‘gnosticism.’” Nothing, however, is more fundamental to pragmatism than the rejection of utopianism or Gnosticism. That rejection is so widely recognized that even Merriam-Webster lists “pragmatism” as an antonym for “utopian.”

Pragmatism is against teleology and dogma; it takes as its starting point observable realities rather than intangible, impractical abstractions and ideals. What Langdale describes is more like Marxism: a messianic ideology with a sprawling, utopian teleology regarding the supposedly inevitable progress of humankind.

Given that pragmatism is central to his thesis, it is telling that Langdale never takes the time to define it, explain the numerous differences between leading pragmatists, or analyze any landmark pragmatist texts. The effect is disappointing.

Landgale’s approach to “superfluity” makes Superfluous Southerners the inverse of Richard Poirier’s 1992 Poetry and Pragmatism: whereas Langdale relates “superfluity” to Southern men of letters who conserve what the modern era has ticketed as superfluous, Poirier relates “superfluity” to Emerson and his literary posterity in Robert Frost, Gertrude Stein, Wallace Stevens, T. S. Eliot, William Carlos Williams, and Ezra Pound. Both notions of superfluity contemplate the preservation of perennial virtues and literary forms; one, however, condemns pragmatism while the other applauds it.

For both Langdale and Poirier, “superfluity” is good. It is not a term of denunciation as it is usually taken to be. Langdale cites Hungarian sociologist Karl Mannheim to link “superfluity” to traditionalists who transform and adapt ideas to “the new stage of social and mental development,” thus keeping “alive a ‘strand’ of social development which would otherwise have become extinct.”

Poirier also links superfluity to an effort to maintain past ideas. His notion of “superfluity,” though, refers to the rhetorical excesses and exaggerated style that Emerson flaunted to draw attention to precedents that have proven wise and important. By reenergizing old ideas with creative and exhilarating language, Emerson secured their significance for a new era. In this respect, Emerson is, in Poirier’s words, “radically conservative.”

Who is right? Langdale or Poirier? Langdale seeks to reserve superfluity for the province of Southern, traditionalist conservatives. Does this mean that Poirier is wrong? And if Poirier is right, does not Langdale’s binary opposition collapse into itself?

These questions notwithstanding, it is strange that Langdale would accuse the Emersonian pragmatic tradition of opposing that which, according to Poirier, it represents. Although it would be wrong to call Emerson a political conservative, he cannot be said to lack a reverence for history. A better, more conservative criticism of Emerson—which Langdale mentions in his introduction—would involve Emerson’s transcendentalism that promoted a belief in innate human goodness. Such idealism flies in the face of Southern traditionalism, which generally abides by the Augustinian doctrine of innate human depravity and the political postures appertaining thereto.

What Langdale attributes to pragmatism is in fact a bane to most pragmatists. A basic tenet of pragmatism, for instance, is human fallibilism, which is in keeping with the doctrine of innate human depravity and which Peirce numbers as among his reasons for supporting the scientific method. Peirce’s position is that one human mind is imperfect and cannot by itself reach trustworthy conclusions; therefore, all ideas must be filtered through the logic and experimentation of a community of thinkers; a lasting and uniform consensus is necessary to verify the validity of any given hypothesis. This is, of course, anathema to the transcendentalist’s conviction that society corrupts the inherent power and goodness of the individual genius.

Langdale’s restricted view of pragmatism might have to do with unreliable secondary sources. He cites, of all people, Herbert Croly for the proposition that, in Croly’s words, “democracy cannot be disentangled from an aspiration toward human perfectibility.” The connection between Croly and pragmatism seems to be that Croly was a student of James, but so was the politically and methodologically conservative C. I. Lewis. And let us not forget that the inimitable Jacques Barzun, who excoriated James’s disciples for exploiting and misreading pragmatism, wrote an entire book—A Stroll with William James—which he tagged as “the record of an intellectual debt.”

Pragmatism is a chronic target for conservatives who haven’t read much pragmatism. Frank Purcell has written in Taki’s Magazine about “conservatives who break into hives at the mere mention of pragmatism.” Classical pragmatists are denominated as forerunners of progressivism despite having little in common with progressives. The chief reason for this is the legacy of John Dewey and Richard Rorty, both proud progressives and, nominally at least, pragmatists.

Dewey, behind James, is arguably the most recognizable pragmatist, and it is his reputation, as championed by Rorty, that has done the most to generate negative stereotypes and misplaced generalizations about pragmatism. Conservatives are right to disapprove of Dewey’s theories of educational reform and social democracy, yet he is just one pragmatist among many, and there are important differences between his ideas and the ideas of other pragmatists.

In fact, the classical pragmatists have much to offer conservatives, and conservatives—even the Southern Agrarians—have supported ideas that are compatible with pragmatism, if not outright pragmatic. Burkean instrumentalism, committed to gradualism and wary of ideological extremes, is itself a precursor to social forms of pragmatism, although it bears repeating that social theories do not necessarily entail political action.

Russell Kirk’s The Conservative Mind traces philosophical continuities and thus provides clarifying substance to the pragmatist notion that ideas evolve over time and in response to changing technologies and social circumstances, while always retaining what is focal or fundamental to their composition. The original subtitle of that book was “From Burke to Santayana,” and it is remarkable, is it not, that both Burke and Santayana are pragmatists in their own way? Santayana was plugged into the pragmatist network, having worked alongside James and Josiah Royce, and he authored one of the liveliest expressions of pragmatism ever written: The Life of Reason. Although Santayana snubbed the label, general consensus maintains that he was a pragmatist. It is also striking that Kirk places John Randolph of Roanoke and John C. Calhoun, both Southern conservatives, between these pragmatists on his map of conservative thought. There is, in that respect, an implication that pragmatism complements traditionalism.

Langdale relies on Menand’s outline of pragmatism and appears to mimic Menand’s approach to intellectual history. It is as though Langdale had hoped to write the conservative, Southern companion to The Metaphysical Club. He does not succeed because his representation of pragmatism is indelibly stamped by the ideas of Rorty, who repackaged pragmatism in postmodern lexica. Moreover, Langdale’s failure or refusal to describe standing differences between the classical pragmatists and neo-pragmatists means that his book is subject to the same critique that Susan Haack brought against Menand.

Haack lambasted Menand for sullying the reputation of the classical pragmatists by associating pragmatism with nascent Rortyianism—“vulgar Rortyianism,” in her words. Langdale seems guilty of this same supposition. By pitting pragmatism against Southern conservatism, he implies that Southern conservatism rejects, among other features, the application of mathematics to the scientific method, the analysis of probabilities derived from data sampling and experimentation, and the prediction of outcomes in light of statistical inferences. The problem is that the Agrarians did not oppose these things, although their focus on preserving the literary and cultural traditions of the South led them to express their views through poetry and story rather than as philosophy. But there is nothing in these methods of pragmatism (as opposed to the uses some later pragmatists may have put to them) that is antithetical to Southern Agrarianism.

Superfluous Southerners is at its best when it sticks to its Southern subjects and does not undertake comparative analyses of intellectual schools. It is at its worst when it resorts to incorrect and provocative phrases about “the gnostic hubris of pragmatists” or “the gnostic spirit of American pragmatic liberalism.” Most of its chapters do a remarkable job teasing out distinctions between its Southern conservative subjects and narrating history about the Southern Agrarians’ relationship to modernity, commitment to language and literature, and role as custodians of a fading heritage. Unfortunately, his book confounds the already ramified philosophy known as pragmatism, and at the expense of the Southern traditionalism that he and I admire.

The Best Novels and Plays About Business: Results of a Survey

In Arts & Letters, Humanities, Literature, News and Current Events on June 12, 2013 at 8:45 am

Edward W. Younkins

Edward W. Younkins is the founder of the undergraduate major in Political and Economic Philosophy at Wheeling Jesuit University in West Virginia. He is also the founding director of the university’s Master of Business Administration (M.B.A.) and Master of Science in Accountancy (M.S.A.) programs. In addition to earning state and national honors on the Certified Public Accountant (CPA) and Certified Management Accountant (CMA) exams, respectively, Dr. Younkins also received the Outstanding Educator Award for 1997 from the West Virginia Society of Certified Public Accountants. Professor Younkins has written a number of articles in free-market-oriented journals and is the author of Capitalism and Commerce: Conceptual Foundations of Free Enterprise (2002) and Flourishing and Happiness in a Free Society (2011).

My Koch Research Fellows, Jomana Krupinski and Kaitlyn Pytlak, and I conducted a survey of 250 Business and Economics professors and 250 English and Literature professors. Colleges and universities were randomly selected and then professors from the relevant departments were also randomly selected to receive our email survey. They were asked to list and rank from 1 to 10 what they considered to be the best novels and plays about business. We did not attempt to define the word “best” leaving that decision to each respondent. We obtained sixty-nine usable responses from Business and Economics professors and fifty-one from English and Literature professors. A list of fifty choices was given to each respondent and an opportunity was presented to vote for works not on the list. When tabulating the results, ten points were given to a novel or play in a respondent’s first position, nine points were assigned to a work in the second position, and so on, down to the tenth listed work which was allotted one point. The table below presents the top twenty-five novels and plays for each group of professors. Interestingly, fifteen works made both top-25 lists. These are noted in bold type.

Business and   Economics Professors

 

English and   Literature Professors

1.   Atlas Shrugged, Ayn Rand

457

1.   Death of a Salesman, Arthur Miller

282

2.   The Fountainhead, Ayn Rand

297

2.   Bartleby: The Scrivener, Herman   Melville

259

3.   The Great Gatsby, F. Scott   Fitzgerald

216

3.   The Great Gatsby, F. Scott   Fitzgerald

231

4.   Death of a Salesman, Arthur Miller

164

4.   The Jungle, Upton Sinclair

143

5.   Time   Will Run Back, Henry Hazlitt

145

5.   Babbitt, Sinclair Lewis

126

6.   The Jungle, Upton Sinclair

136

6.   Glengarry Glen Ross, David Mamet

121

7.   The Gilded Age, Mark Twain and   Charles Dudley Warner

95

7.   The   Rise of Silas Lapham, William Dean Howells

98

8.   Glengarry Glen Ross, David Mamet

89

8.   American Pastoral, Philip Roth

85

9.   God Bless You, Mr. Rosewater, Kurt   Vonnegut, Jr.

57

9.   The   Confidence Man, Herman Melville

75

10. Other   People’s Money, Jerry Sterner

57

10. The Fountainhead, Ayn Rand

75

11. Bartleby: The Scrivener, Herman   Melville

55

11. A   Hazard of New Fortunes, William Dean Howells

66

12. A Man   in Full, Tom Wolfe

48

12. The Octopus, Frank Norris

65

13. Babbitt, Sinclair Lewis

47

13. Atlas Shrugged, Ayn Rand

62

14. The Man   in the Gray Flannel Suit, Sloan Wilson

43

14. Nice   Work, David Lodge

62

15. Rabbit is Rich, John Updike

41

15. The Big   Money, John Dos Passos

59

16. Major   Barbara, George Bernard Shaw

39

16. The Gilded Age, Mark Twain and   Charles Dudley Marner

58

17. Dombey and Son, Charles Dickens

33

17. Rabbit is Rich, John Updike

55

18. The Goal,   Eliyahu M. Goldratt

33

18. Seize   the Day, Saul Bellow

55

19. The   Driver, Garet Garrett

32

19. Mildred   Pierce, James M. Gain

54

20. Executive   Suite, Cameron Hawley

32

20. The   Financier, Theodore Dreiser

53

21. The Way   We Live Now, Anthony Trollope

32

21. Dombey and Son, Charles Dickens

51

22. American Pastoral, Philip Roth

29

22. Sometimes a Great Notion, Ken   Kesey

45

23. The Octopus, Frank Norris

29

23. The   Last Tycoon, F. Scott Fitzgerald

44

24. Sometimes a Great Notion, Ken   Kesey

28

24. The Moviegoer,   Walker Percy

43

25. North   and South, Elizabeth Gaskell

27

25. God Bless You, Mr. Rosewater, Kurt   Vonnegut, Jr.

39

 

Three Poems by Amy Susan Wilson

In Arts & Letters, Poetry, Southern Literature on June 5, 2013 at 8:45 am

Amy Susan Wilson has recently published in Southern Women’s Review, Fried Chicken and Coffee, Cybersoleil, Dead Mule, Crosstimbers, Red River Review, Red Dirt Review, The Literary Lawyer, and in other similar publications. Amy Susan’s poetry book,  Honk If You Love Billy Ray, is forthcoming from Dead Mule Press; she is the Founder and Publisher of Red Truck Review: A Forum for Southern Literature and Culture, forthcoming September 2013. She holds an MFA from Columbia University and lives in Shawnee, Oklahoma. She can be reached at www.facebook.com/redtruckreview.

Tater’s Small Engine Repair

Tate, known as Coot to all

him and Reverse, Pete for real

but Reverse cuz his Chevy 250

got no back-up.

Those boys

they get to guzzling

lemons squeezed into vodka

and what-not

Reverse says,

I seen floaters

            Red River.

            Bodies puffed as marshmallows,

            sorriest thing I’d seen.

 “Oh Hale,” Coot says.

             Motor Head here

            best  Negro magician

            on  a power warsher

            rider mower to boot.

Arguing till sunset

whether Motor Head

healed warsher

rider mower alike—

            Come Back 2-morrow  sign

winks purple-neon.

Coot, Reverse

agree on nothing

other than

one  floater

swells whole river

with sorrow.

PJ’s Liquor

My butt anchored

to Elvis-old

wooden stool,

            No Man is an island,

            Entire of itself;

My man Donne says

though no time

to guzzle poetry,

watermelon brandy

$11.73.

            Hey Big Blake Junior!

            How ya doing?

Egg-white sweat

beads the adam’s apple;

nose, forehead

pepper-red.

Just in from the Grandkids,”

Big Blake Jr. lies.

            Every man is a piece of the continent,

so I says,

Take it easy

            hear?”

Non-Milf

beige teeth,

pear-shaped rumpus,

heat seeks

missile-fast

Tecate,

aisle two

shelf three.

Her kid

hangs his

water slide long

tongue

out the passenger

window.

Lord and Gumby Stew–

some kinda new

birth defect?

This place:

Blue-gray

plywood barn

like my

Granpa Ramey’s

lawn mower shed

smack-dab the

Sinclair.

Dinosaur

winks green

as the hair that floats in

to ink up

on Buzz Jam

Whiskey Jel,

Black Licorice.

Yellow halter

butterfly left of nape.

Green Hair Gal

squeals like

she sees a mouse—

TV saying

three bodies

Boston Marathon.

            Any man’s death diminishes me,

            Because I am involved in mankind,

but news dude paid to say,

“Sports up next.”

This big tear

rains down

her left cheek,

four cents short.

Slut Butt Miller: A Barber’s Daughter 

Whale-O-Suds Tunnel Wash,

Jimmy Maloney unfastens

midnight-blue push-up

one hand.

White wife beater

daisy duke shorts

litter John Deere

floor mats

along with

Jack Daniels

Pall Mall pack.

Creamy mint frosting

soaps the Ford 150

as if a giant cupcake.

Turtle Wax

complimentary,

1:00 in the a.m.

Pink thong

unwraps

Jolly Rancher easy,

watermelon kind.

Whale-O-Suds

a done deal,

Slut Butt

squeals donuts alone

Shawnee Bowl.

Keystone glued

to cup holder,

Slut Butt

circles her Daddy’s

‘95 beige Impala

round and round

that empty lot,

swears to FM

and humidity

her Daddy visits

in a dream

that plays

like a movie,

Recall your tire swing

            Salt Fork Landing,

Red River?

                        Old tread

            roped to oak—

                        Just for you,

                        Baby-Girl.

Her Daddy

pushes

up

over

that muddy

Red River,

her Daddy

right now

just north

PJ’s Liquor

A-OK Pawn,

Pottawatomie Cemetery.

Asphalt and sky

pitch-black

as the inside

of a beer can,

the backseat

of some boy’s truck

waiting.

Bartram’s Travels and the Erotica of Nature

In America, American History, Arts & Letters, History, Humanities, Literary Theory & Criticism, Literature, Philosophy, Southern History, The South, Writing on May 29, 2013 at 8:45 am

Allen Mendenhall

This post first appeared here at the Literary Table in 2010.

I’ll limit my discussion of Bartram’s cognitive originality to some finer points made by Michael Gaudio, whose article, “Swallowing the Evidence,” is a mostly on-the-mark interrogation of Bartram’s persistent use of metaphor.

Gaudio writes that Bartram’s Travels, with its imagery of swallowing, mouths, and voids, calls into question Enlightenment aesthetics while signaling glaring absences in the putatively public sphere. Although Gaudio argues convincingly that Bartram’s imagery signifies an “Enlightenment view of the cosmos in which the natural and the social operate according to the same rational principles,” he privileges a political over an erotic reading, thereby reducing the text to a series of subversive patterns of visual perception. In fact, Bartram’s text is less about movement politics than it is about scientific or social politics.

Travels describes a journey lasting from 1773 to 1777, arguably the most intense moment in American political history, yet Bartram makes no mention of the Revolution, the Continental Congress, the Declaration of Independence, or any other political signifier. As the war between Britain and America raged, Bartram rummaged through woods recording data and collecting specimens. He might have been interested in undermining Enlightenment ideals, as Gaudio suggests, but he probably was not keen on likening sink holes to doubts about the democratic project. A better reading would treat Bartram’s concave, hollow, and gaping imagery as vaginal and his nature aesthetics as sexual. Such a reading not only sheds light on Bartram’s aesthetic facility but also gives rise to a better reading of Bartram’s politics as understood through depictions of Natives, black men, or property-owning colonials. Gaudio is right to argue that, for Bartram, “the work of the naturalist is the recording of not only the visibility of nature’s surfaces but also the struggle that leads to that visibility,” but he is wrong to ignore the language of penetration and other pseudo-sexual insinuations. Attending to this sexual language might have allowed Gaudio to enlist Bartram in the “anti-Enlightenment” project in other, more interesting ways—for instance, by contrasting Bartram’s observations of Indian tribes with the unwarranted assumptions of Enlightenment thinkers who dismissed Natives as mere barbarians or worse.

Gaudio submits that because Bartram’s aim was to “exhibit the self-evidence of nature” and to “set the full presence of its surfaces before the viewer,” Bartram’s appeals were necessarily visual. That much, I think, we can grant. But Gaudio goes too far when he contrasts Bartram with Bacon by claiming that the latter employed “rhetoric of penetration” to peer beneath nature’s surfaces whereas Bartram looked precisely to nature’s surfaces because he preferred architectural forms to dissected taxonomies. Gaudio suggests, in other words, that Bartram seeks out rational forms, which share a visual logic, to show nature’s uniform and universal manifestations. Nevertheless, Bartram’s rhetoric (like Bacon’s) is rich in references to penetration. Gaudio’s formative analogy therefore does not stand up to close examination.

“Having some repairs to make in the tackle of my vessel, I paid my first attention to them,” Bartram says of a particularly cheerful morning, adding, “my curiosity prompted me to penetrate the grove and view the illuminated plains.” Similarly, Bartram speaks of “penetrating the groves,” “penetrating the Canes,” “penetrating the forests,” penetrating the “first line” of alligators, “penetrating a thick grove of oaks,” and penetrating “the projecting promontories.” All of this penetration flies in the face of Gaudio’s argument that Bartram’s “voids” signal the limits of Enlightenment thought. Rather than avoiding vocabulary of penetration, Bartram embraces it. Bartram may be interested in surfaces, but he is also interested in—one might say seduced by—what lies beneath. He even employs sexual innuendo and other erotic lexica to portray what lies beneath.

The sexual language in Travels serves to eroticize nature, which seduces with its enchanting if virginal charms. In a brilliant essay, Thomas Hallock speaks of botanic men (including William Bartram’s father, John) who turned “genteel ladies into fascinated subjects.” For these men, plants “served as a shorthand for intimate relationships that were transacted across vast space.” According to this logic, it follows that any “individual who interacts with the natural world takes on an ‘ecopersona,’ an identity or costume of manners that locates consumption of the natural within a given cultural code.” By ignoring the eros pouring forth from Bartram’s nature writings, Gaudio overlooks a very telling association between Native women, whom Bartram eroticizes, and nature, itself a sensual “organism.” More to the point, he misses Bartram’s odd constructions of eco-personae for Native women. Indeed, Bartram forges an association between nature and Native women in his “sylvan scene of primitive innocence,” which was “enchanting” and “perhaps too enticing for hearty young men long to continue idle spectators.”

In what Bartram calls a “joyous scene of action,” nature (read: passion) prevails over reason and European men are drawn helplessly—as if by Sirens—to the Native “nymphs” guarded by “vigilant” and “envious” matrons. The Native women are sensual and seductive because they seem in tune with Nature and the “Elysian fields.” In light of this analogy, Bartram speaks of Natives as “amorous topers,” “amorous and bacchanalian” dancers, amorous singers, and amorous and intriguing wives, just as he speaks of the “sweet enchanting melody of the feathered songsters” in their “varied wanton amorous chaces,” or of the “soothing love lays of the amorous cuckoo.” That is to say, Bartram effectively ties Native women to the carnal cravings of animal lust. For this reason, the desire to penetrate takes on a much stronger meaning than the one Gaudio describes vis-à-vis Bacon—it becomes not just about examinations of exterior surfaces but about the physical need and urge to thrust right through surfaces.

The land on and adjacent to a particular river “appears naturally fertile,” Bartram declares, “notwithstanding its arenaceous surface.” Surfaces can be deceiving, so Bartram digs deeper, so to speak, and identifies their sexual and reproductive possibilities. Similarly, he likens “many acres of surface” to a “delusive green wavy plain of the Nymphae Nelumbo,” a plant that represents sexual purity or virginity. In these and other instances, Bartram renders nature as a playground of erotic spaces for male pleasure. Simply put, Bartram’s nature is fertile and stimulates sexual arousal.

If, for Bartram, Native women were in harmony with nature and so were fertile and seductive—if they were hypersexualized—then Gaudio could have done far more with the vaginal motifs in Travels. Like countless others, he could have called into question the tropes, male gazing, and sexual power plays at work in the book and thereby achieved a “political” reading actually supported by the text. Gaudio is at his best when bringing to light metaphors that would seem easy to overlook, but his analysis fails for disregarding the obvious sexual and vaginal connotations evoked by these metaphors. At worst, his analysis fails for pivoting on a major assumption—that Bartram limited his analysis to surfaces and exteriors without regard to “the insides.” If anything, Bartram seems even more interested in “the insides” given his sexual renderings of a nature that invites penetration and carnal exploration.

See the following articles for more reading:

Abrams, Ann Uhry. The Pilgrims and Pocahontas: Rival Myths of American Origin. Boulder: Westview, 1999.

Fischer, Kirsten. “The Imperial Gaze: Native American, African American, and Colonial Women in European Eyes,” in A Companion to American Women’s History. Blackwell Publishing, 2002.

Fleming, E. McClung. “The American Image as Indian Princess.” Winterthur Portfolio. Vol. 2 (1965: 65-81).

Gaudio, Michael. “Swallowing the Evidence: William Bartram and the Limits of Enlightenment.” Winterthur Portfolio. Vol. 36, No. 1 (2001: 1-17).

Hallock, Thomas. “Male Pleasure and the Genders of Eighteenth-Century Botanic Exchange: A Garden Tour.” The William and Mary Quarterly 62.4 (2005): 32 pars. 13 Oct. 2009 .

The Travels of William Bartram. Ed. Mark Van Doren. New York: Dover Publications, 1928.

Schoelwer, Susan Prendergast. “The Absent Other,” in Discovered Lands, Inventing Pasts. Yale University Press, 1992.