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Archive for the ‘Arts & Letters’ Category

Review of John Ernest’s Chaotic Justice (Chapel Hill: University of North Carolina Press, 2009)

In American History, Arts & Letters, Book Reviews, Dred Scott, Jurisprudence, Law-and-Literature, Legal Education & Pedagogy, Literary Theory & Criticism on July 7, 2010 at 2:30 pm

 

John Ernest, Eberly Distinguished Professor of American Literature at West Virginia University, has written a new book, Chaotic Justice, that should appeal to lawyers and law professors alike.  Ernest’s project began with basic research on Frances E. W. Harper’s Iola Leroy (1892), but over time Ernest realized that, in his words, “I did not know nearly enough about the literary and cultural history on which, according to my doctorate and professional experience, I was supposed to be an expert.”  Ernest found himself “increasingly convinced that we cannot appreciate American literary and cultural history without a deep understanding of nineteenth-century African American literature,” so he set out to gain that understanding and to convey his findings to a wide audience.  Some of the articles he published along the way—in such journals as PMLA, African American Review, American Literature, and Arizona Quarterly—appear in the book, albeit in slightly different form.   

Examining a vast network of authors who shaped the African American literary corpus, Ernest, a critical race theorist, has strong words for those who teach histories and theories about race as a nod toward idealized multiculturalism.  “Too often,” he says, “social progress relating to race is considered to be an approach toward an imagined horizon by which either the color line gradually disappears or an imagined multiculturalist ideal emerges—an escape, in effect, from a social world largely constructed by and long devoted to racial theories and racist practices.”  More harm than good, in other words, will come of a curriculum that celebrates a quixotic post-racial future while overlooking—or, worse, generalizing—about America’s fraught history of racism.      Read the rest of this entry »

Jefferson’s Laws of Nature

In Arts & Letters, Jurisprudence, Law-and-Literature, Literary Theory & Criticism, Politics, Thomas Jefferson on June 29, 2010 at 10:24 pm

My article on Jefferson is going to print this month.  Titled “‘Jefferson’s Laws of Nature’: Newtonian Influence and the Dual Valence of Jurisprudence and Science,” the article will appear in The Canadian Journal of Law and Jurisprudence, Vol. 23, No. 2 (2010).  View the SSRN page here.

Shakespeare and Forster

In Arts & Letters, E.M. Forster, Law-and-Literature, Legal Education & Pedagogy, Literary Theory & Criticism, Shakespeare on June 17, 2010 at 3:35 pm

On SSRN, I’ve posted abstracts for articles on E.M. Forster and William Shakespeare.  The Forster abstract is available here. The Shakespeare abstract is available here.

The Dred Scott Decision

In Arts & Letters, Dred Scott, Jurisprudence, Law-and-Literature, Legal Education & Pedagogy, Literary Theory & Criticism, The Supreme Court on June 16, 2010 at 10:08 pm

My paper on the Dred Scott decision is available on SSRN.  Click here to view the abstract and then click “One-click Download” to read the paper.

A Quick Musing on the Santayana Movement

In Arts & Letters, Literary Theory & Criticism, Santayana on June 8, 2010 at 3:54 pm

There’s been, of late, a renewal of interest in George Santayana.

Yale University Press recently released The Genteel Tradition in American Philosophy and Character and Opinion in the United States (2009), edited by James Seaton.  With contributions by Seaton, Wilfred M. McClay, John Lachs, and Roger Kimball, and comprised of two seminal works by Santayana and four critical essays about Santayana, the book, however thin, seeks nothing less than a revamping of “culture.”  That’s because its subject, the enigmatic Santayana, was an aesthete par excellence and, paradoxically if not impossibly, an atheist-Catholic defender of the faith.

Most conservatives remember Santayana from Russell Kirk’s magnum opus, The Conservative Mind.  The original title to that work was The Conservative Mind: From Burke to Santayana.  Santayana’s reputation has receded in importance since Kirk’s landmark book, in part because conservatives have drifted away from the literati while the literati have drifted away from conservatives.      Read the rest of this entry »

The Literary Table

In Arts & Letters, Literary Theory & Criticism, The Literary Table on May 27, 2010 at 3:22 pm

I will begin blogging for The Literary Table, a website that explores the world of literature through history, law, religion, and other disciplines.  Read my first post here.

John William Corrington

In Arts & Letters, John William Corrington, Law-and-Literature on May 25, 2010 at 10:42 am

My profile of John William Corrington, a Southern man of letters, appears in The Front Porch Republic. View the piece here.

Jefferson and Information Policy

In Arts & Letters, Information Design, Jurisprudence, Literary Theory & Criticism, Politics, Rhetoric & Communication on May 18, 2010 at 7:11 pm

 

Since the emergence of the Internet and the innovations of information technology, intellectual property law (IP) has become an increasingly important and contentious field.  Applying old ideas to new inventions can lead to heated debates.

IP has always stood on shaky footing in light of claims that rights to intangible products such as ideas, or tangible products that amount to artistic or commercial creations of the mind, are legal fictions.

IP involves monopolistic privileges for inventors to incentivize inventing.  Opponents of IP argue that monopolies are inefficient, uncompetitive, exploitative, and unjust, even when granted to artists or performers.

David Opderbeck, a scholar of IP, has examined information policy, which studies the interface of information technology and government.  He argues against social constructivism as an approach to information policy and for a combination of critical realism and environmental virtue ethics.  The latter approach breaks from what he calls “modern positivism” and “postmodern skepticism,” insisting that social constructivism is itself grounded in deeper realities.

Opderbeck brings to mind Bruno Latour’s description of the vacuum pump experiment: although the conditions of the experiment are artificial or socially constructed in that they never would appear naturally, the results of the experiment are real (i.e., natural).  Social constructions are means to natural ends, but to reduce the entire experiment to social constructivism misses the point.

The same is true for information technology.  Social constructions influence the ways in which information, broadly conceived, interacts with government, just as they influence the ways in which humans interact with nature.   Read the rest of this entry »

Michael Blumenthal, Country of the Second Chance

In Arts & Letters, Law-and-Literature, Legal Education & Pedagogy on May 12, 2010 at 5:48 pm

Listen to Michael Blumenthal, novelist, poet, translator, and now law professor, as he muses about life, America, and growing older: West Virginia Public Broadcasting.

Stanley Fish Takes on David A. Strauss

In Arts & Letters, Jurisprudence, Law-and-Literature, Literary Theory & Criticism, The Supreme Court on May 11, 2010 at 10:09 am

In his weekly column for The New York Times, Stanley Fish takes to task David A. Strauss, whose method of constitutional interpretation, or explanation of constitutional interpretation, seems incoherent, pivoting on grand assumptions about the ways in which readers of a text construe the meaning(s) of that text.