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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

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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.

Review of “The Final Days of Great American Shopping,” by Gilbert Allen

In American Literature, Arts & Letters, Book Reviews, Books, Creative Writing, Fiction, Humanities, liberal arts, Literary Theory & Criticism, Literature, Poetry, Short Story, Southern Literary Review, Southern Literature, Writing on November 30, 2016 at 6:45 am

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This review originally appeared here in Southern Literary Review.

With so many journals and genres available today, the dependable reviewer has a duty to warn off the noble optimists and advise the faint-hearted when a book is not for them.  Obligation thus requires that I caution readers:  Gilbert Allen’s The Final Days of Great American Shopping, a collection of short stories, is intelligent, nuanced, poignant, and distressing—and hence not for everyone.

If you’ve read more than one Nicholas Sparks novel this year, this book isn’t for you.  If you think Oprah is a guardian of culture, this book isn’t for you.  If you believe Fox News and CNN are edifying, this book isn’t for you.  If you think David Brooks, Charles Krauthammer, and Sidney Blumenthal are men of letters, this book isn’t for you.  If you prefer Dr. Phil to Jung and Freud, this book isn’t for you.  If Joel Osteen inspires you in a way that Augustine and Aquinas cannot, this book isn’t for you.  If, in fact, any of the aforesaid are true of your case, you might just be the unwitting target of Allen’s satire.

Having dispensed with the stereotypes and requisite preamble, I own that this is, in some respects, a personal review.  Allen was my professor at Furman University and a man I continue to admire.  He cannot be blamed for the way I turned out, and certainly not for my politics.  But he is partially responsible for my love of poetry and aesthetics.

Allen, I recall, loved cats, as well as his isolated, sylvan home in Traveler’s Rest, South Carolina, which is far from his native Long Island, both culturally and geographically.  His spoken diction was always precise, as was the pencil-thin mustache that grayed above his lips.  Tall and skinny, with belts so long they could’ve wrapped around him twice, he spoke softly and carried a big pen.

He commits poems to memory.  I once heard him recite “Stopping by Woods on a Snowing Evening” to the tune of La cumparsita, a curious performance he allegedly repeats using other poems and tangos.  Ancient or modern, free verse or rhyming, short or long, poetry is his lifework, calling, and passion.  So, I suspect, he suffers, as honorable poets are wont to do.  His suffering will surely escalate as he decides how to mass-market this latest book—his first one in prose—that’s critical of mass-marketing.

The book depicts a self-indulgent American suburbia starved for money and materialism, where people try to purchase happiness and other forms of fleeting satisfaction while fixated on their own or others’ sexuality.  These 16 stories, told in chronological order from the recent past to the immediate future—and, at last, to the year 2084—are not directly about sex.  Yet sexual anxieties, appetites, and insecurities bear a subterranean, causative relationship to the acquisitive urge and cupidity that complicate many of the characters in Allen’s dystopian community, Belladonna, a gated subdivision in South Carolina, probably near Greenville.

Allen’s opening story is a complex portrait of loving and loathing, and the fine line between the two.  A childless couple, Butler and Marjory Breedlove, still in their early 40s, struggle to remain compatible as they degenerate into a life of stultifying domesticity, having suffered through three miscarriages and the abortion of an anencephalic child.  Butler is an insurance salesman and a beer-drinking baseball fan who will pull for an aging veteran against his own beloved Atlanta Braves.  Marjory, the silent, brooding type, obsesses over her luxuriant, blooming flowers, the fecundity and fertility of which contrast with her own barrenness.

Butler, as if to compensate for a sense of emasculation occasioned by his inability to sire offspring, sets out to install storm windows one Saturday morning while Marjory is off visiting her mother.  If Marjory cannot be gratified through sexual activity, he presumably reasons, then she’ll derive pleasure from his dutiful, manly labor.  A client has told him that storm windows are “easier than a second honeymoon” because they require just nine “screws,” so there’s little doubt that Butler’s chore is substitutionary: it fulfills the need for virile exertion that, we may assume, is not met through copulation.

The problem is, Butler procrastinates and leaves the windows leaning over Marjory’s flowers for too long.  Any boy who’s used a magnifying glass to burn ants would’ve known not to do this, but not Butler.  He doesn’t consider what might happen to Marjory’s flowers as he sets aside the windows to pursue booze and television.  He does, however, manage to complete the window installation.  When Marjory returns, he proudly reveals his handwork, announcing, “I did it myself.”

He’s not fully aware of what it is until Marjory, ignoring the windows, says, “My flowers.”  She stares at her garden as if peering into an “open grave.”  The florae that were adjuncts for her lost children, that were little leafy lives she had created and sustained, are now dead.  She can’t bear the loss.  Tragedy compels her to mourn on a closet floor in her nightgown.  It’s an intolerable image—her sitting there, grieved and defeated—that captures the sad inability of two people to live out their most primitive desires.

The seemingly banal agonies in this story of strained marriage are subtly and quizzically meaningful.  What is the significance, for instance, of Marjory’s decision to serve up a scrumptious breakfast for Butler while she munches on blackened toast?  Such a small gesture, but so gravely significant.

With moments like these, impressively numerous in such a short, short story, Allen achieves, I think, the right amount of ambiguity: neither Butler nor Marjory is the “bad guy,” and both seem thwarted from intimacy and happiness by forces beyond their control yet caused by their own deliberate action.  They mean well, mostly, but they’re the same poles on a magnet, destined, it seems, to repel one another.  Even their surname—Breedlove—raises interpretive puzzles, since breeding and loving seem foreign to their relationship.  Whether it’s their childlessness or an accumulation of small disappointments that causes their desperation and despair remains unclear.

Perhaps they recognize, as most of us do at some point, that they’ll never become the people their younger selves wanted to be—and that this, whatever this may be, is all there is.  Youthful aspiration is bound to become dashed hope, and once we’ve made ourselves what we are, there’s no unmaking us.

John Beegle, the protagonist of the following story who happens to have purchased health insurance from Butler Breedlove—each story is delicately linked—faces a different problem, or problems: a growing estrangement from his wife and the incapability to connect with his teenaged daughters, one of whom has grown increasingly flirtatious in proportion to her budding breasts.  John likes “to understand things, piece by piece,” but he can’t make sense of the females in his family.  They move so fast, and he so slowly.

This all changes when he discovers, in the garage of his new house, an “autogyro,” or small helicopter, circa 1961.  This antique machine remains operational, and the more John works on it, the more his daughters take to him.  He even revives his libido, surprising his wife with a “midday tryst.”  The restoration of the helicopter refurbishes his own spirits, and he eventually takes the perilous contraption for a ride, rising high into the air until he can “see everything.”  Like Frost’s wistful narrator who imagines himself climbing a birch tree up toward heaven only to be set back down again, John, hovering in the sky, “begins to dream of his landing, of his own house.”  He thinks of his family and his return to the ground.  Earth is, indeed, the right place for love.

The book is full of characters like these: the widowed Priscilla Knobloch with her twelve-year-old, one-handed daughter; Ted Dickey, whose numerous speed-dating partners represent different social ailments from materialism to decadence; the unnamed hick hair stylist who likes to rear-end Porsches (just a “love tap”) and talk about blow jobs; a thrift store worker and his wife, the menopausal Meredith, who start a non-profit corporation for religious “bedding”; Jorja Sorenson, a painter, and her husband, Houston, who collaborate on the sculpture of a fetus that draws the attention of none other than Marjorie Breedlove; and on and on.

Through these hapless, heedless figures and their goods, interests, and acquisitions—television, cars, homes, designer shoes—certain symptoms of our national condition are projected: greed, consumerism, profligacy, extravagance, melancholy.  It’s not overstating to say that, with these stories, Allen has tapped into our national consciousness and disorder.  The quintessential American, restless and without a past, energetic and democratic, his works and beliefs at once enterprising and derivative—that iconic, preeminently rugged and relatable laborer—has, in our imagination, transitioned from self-reliant and industrious, always ready to “simply, simplify,” to dark and pitiful, burdened by the wealth and joy that forever elude him.

Although Americans once envisioned a vast frontier of possibility, an unknown and ever-widening expanse of hope and promise, imbuing optimism and idealism wherever we went, we now, sketchy and insecure, stumble along looking for opportunities that don’t exist, endeavoring to remain perpetually young and verdant, as if gray hair weren’t a crown of glory and splendor.  We want what we can’t have and have what we don’t want.

Once we were Franklins and Jeffersons, Emersons and Whitmans; today we’re Willy Lomans.  Or Cher Horowitzes.  Or Gordon Gekkos.  Without guilt we can’t identify with Reverend Dimmesdale or Hester Prynne.  Without abstinence, we can’t appreciate the allure of Rappacini’s daughter.  As coddled, perpetual children, we don’t get Ishmael and Ahab, Frederick Douglass, or Jay Gatsby.  We’re so phony that we don’t understand Holden Caulfield anymore.

So Allen has done us a great service.  By mocking us and portraying our ominously recognizable and quotidian depravities, he’s exposed the warring desires to which we’ve fallen prey: extravagance and simplicity, envy and indifference, aspiration and defeat, conformity and revolt.  He’s a spokesman for the disenchanted and disillusioned, for those who still possess the poetic vision about which Emerson intoned.   He sees a double consciousness, a conflict of the mind, that drags us into woeful insipidity and angst.  If reading his book isn’t like looking reluctantly and masochistically into the mirror, or less figuratively into your own split psyche, then you’re delusional or dishonest, or perhaps—just perhaps—the rare exception.

These stories are harsh, biting, titillating, disparaging, and sarcastic, but they’re also funny.  Allen derides us, and perhaps himself, with humor.  He’s a sensitive man, and very quiet.  Who knew that, beneath his silent façade, there was a hilarious personality?

I did.  Because his poetry reveals that about him.

His first collection of poetry, In Everything, was spiritual and serious, a sort of Buddhist mystical meditation on Nature and Being.  As time went on, he eased up and relaxed.  He moved from the intensity of numinous experience to the comic realities of everyday life.

It’s not that his writing became lighthearted, upbeat, or shallow.  It remained pensive and complex and open to rigorous interpretation, sometimes even cosmic in scope.  Yet there was something more playful and satirical about it.  He came to enjoy social criticism as much as he enjoyed, say, the splendor of sentience and the complexities of the mind and soul.

This tendency towards the witty and quirky, as I have suggested, finds expression in The Final Days of Great American Shopping.  It’s evident in a pick-up line: “Would you like to go on a corporate retreat next month?  As my tax deduction?”  It materializes in unsuspecting places such as the urinal, where a man talks on his cell phone as he pisses.  It even surfaces in the epithet “Confederate Flaggots,” which implies a phallic fascination with flag poles that’s endemic among men “who dress up in nineteenth-century costumes to do unspeakable things to one another in public parks.”

But not every attempt at humor is successful: the narrator of the story “Friends with Porsches” speaks like a redneck, but not a real redneck—just a forced caricature whose colloquialisms and ungrammatical syntax aren’t quite believable as actual speech.

Allen’s sardonic, unpretentious fiction renders a society that’s abandoned the “errand into the wilderness”—as Perry Miller so aptly labeled the once powerful theme of American experience—for the errand into the shopping mall.  Although some of the technology that appears in his stories is already dated—most of the stories were first published before iPhones and iPads made the Internet and email a ubiquitous, hand-held phenomenon—one senses in their representation a renewed and profane scrutiny that’s both subversive and daring.

Are we in the final days of American shopping, as Allen suggests?  If so, is that an apocryphal singularity, the secular equivalent to the eschaton?

Maybe.  Shopping, for Allen, is, after all, much more than merely examining and evaluating retail merchandise with an eye toward a trivial purchase.  It’s systemic and magnificent, a fluid cultural sickness with no immediate cure.  Alike in severity to those idolatrous practices which demand prophetic ministry, it signals a coming destruction that necessitates oracular warning.  Shopping has become the lord and king of us all.

As for the other events of shopping’s reign, those which don’t appear in Allen’s book, are they not written in the records of the Internet, the annotations of our technology, and the annals of our digital media?  Allen buries shopping with its ancestors.  And he buries us, and our endless wants, with it.

Deidre McCloskey and the Enrichment of the World

In Arts & Letters, Austrian Economics, Book Reviews, Books, Creativity, Economics, Fiction, Historicism, History, Humane Economy, Humanities, liberal arts, Liberalism, Libertarianism, Literary Theory & Criticism, Literature, Philosophy, Politics, Property, Scholarship, Western Civilization, Western Philosophy on October 26, 2016 at 6:45 am

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The following excerpt is adapted from my review of Deirdre McCloskey’s book Bourgeois Equality; the original review, which appeared in the Quarterly Journal of Austrian Economics, is available here.

If it’s true that Wayne Booth inspired Deirdre McCloskey’s interest in the study of rhetoric, then it’s also true—happily, in my view—that McCloskey has refused to mimic Booth’s programmatic, formulaic methods and boorish insistence on prosaic succinctness. Bourgeois Equality is McCloskey’s third volume in a monumental trilogy that began with The Bourgeois Virtues (2006) and Bourgeois Dignity (2010), each published by the University of Chicago Press. This latest volume is a Big Book, alike in kind but not in theme to Jacques Barzun’s From Dawn to Decadence (2000), Camille Paglia’s Sexual Personae (1990), or Herald Berman’s Law and Revolution (1983) and Law and Revolution II (2006). It’s meandering and personal, blending scholarship with an essayistic style that recalls Montaigne or Emerson.

McCloskey’s elastic arguments are shaped by informal narrative and enlivened by her plain and playful voice. At times humorous, rambling, and deliberately erratic, she gives the distinct impression that she’s simply telling a story, one that happens to validate a thesis. She’s having fun. Imagine Phillip Lopate articulating economic history. McCloskey is, in this regard, a latter-day Edward Gibbon, adopting a mode and persona that’s currently unfashionable among mainstream historians, except that she’s more lighthearted than Gibbon, and unashamedly optimistic.

Writing with an air of confidence, McCloskey submits, contra Thomas Piketty, that ideas and ideology—not capital accumulation or material resources—have caused widespread economic development. Since 1800, worldwide material wealth has increased and proliferated; the quality of life in poor countries has risen—even if it remains unequal to that of more prosperous countries—and the typical human being now enjoys access to the food, goods, services, medicine, and healthcare that, in earlier centuries, were available to only a select few in the richest parts of the globe. The transition from poverty to wealth was occasioned by shifting rhetoric that reflected an emerging ethical consensus. The rhetorical-ethical change involved people’s “attitudes toward other humans” (p. xxiii), namely, the recognition of shared experience and “sympathy,” as Adam Smith stated in The Theory of Moral Sentiments. Attributing human progress to ideas enables McCloskey to advocate the norms and principles that facilitated economic growth and social improvement (e.g., class mobility and fluidity) while generating extensive prosperity. Thus, her project is at once scholarly and tendentious: a study of the conditions and principles that, in turn, she promotes.

She argues that commercialism flourished in the eighteenth century under the influence of ideas—such as “human equality of liberty in law and of dignity and esteem” (p. xxix)—that were packaged in memorable rhetoric and aesthetics. “Not matter, mainly, but ideas” caused the Great Enrichment (p. 643). In other words, “[t]he original and sustaining causes of the modern world […] were ethical, not material,” and they included “the new and liberal economic idea of liberty for ordinary people and the new and democratic social idea of dignity for them” (p. xxxi). This thesis about liberty and dignity is clear and unmistakable if only because it is repetitive. McCloskey has a habit of reminding readers—in case you missed her point the first, second, or fifty-seventh time around—that the causes of the Industrial Revolution and the Great Enrichment were ideas, not “narrowly economic or political or legal changes” (p. 470). She maintains, to this end, that the Scottish Enlightenment succeeded in combining the concepts of liberty and dignity into a desirable form of equality—not equality of outcomes, of course, but of opportunity and treatment under the law. And the Scottish model, to her mind, stands in contradistinction to the French example of centralized, top-down codification, command, planning, and design.

A perennial villain lurks in the pages of her history: the “clerisy,” which is an “appendage of the bourgeoisie” (p. 597) and often dubbed “the elite” in regular parlance. McCloskey calls the clerisy “the sons of bourgeois fathers” (p. xvii) and “neo-aristocratic” (p. 440). The clerisy includes those “artists, intellectuals, journalists, professionals, and bureaucrats” who resent “the commercial and bettering bourgeoisie” (p. xvi). The clerisy seeks, in different ways at different times, to extinguish unfettered competition with exclusive, illiberal, irrevocable grants and privileges that are odious to free society and offensive to the rights of average consumers. “Early on,” says McCloskey, referring to the period in Europe after the revolutionary year 1848, “the clerisy began to declare that ordinary people are misled in trading, and so require expert protection and supervision” (p. 609). The clerisy since then has been characterized by paternalism and a sense of superiority.

Because the clerisy is shape-shifting, assuming various forms from time to time and place to place, it’s a tough concept to pin down. The word “clerisy” does not appear in the book’s index to permit further scrutiny. By contrast, McCloskey’s general arguments are easy to follow because the book is separated into parts with questions as their titles; subparts consisting of onesentence headings answer those questions.

In a massive tour de force such as this, readers are bound to take issue with certain interpretive claims. Historians will find McCloskey’s summaries to be too breezy. Even libertarians will accuse her of overlooking manifest wrongs that occurred during the periods she surveys. My complaints are few but severe. For instance, McCloskey is, I believe, either careless or mistaken to announce that, during the nineteenth and early twentieth century, “under the influence of a version of science,” in a territory that’s never specifically identified, “the right seized upon social Darwinism and eugenics to devalue the liberty and dignity of ordinary people, and to elevate the nation’s mission above the mere individual person, recommending, for example, colonialism and compulsory sterilization and the cleansing power of war” (p. xviii).

Let’s hope that it’s innocent negligence rather than willful distortion that underlies this odd, unqualified, categorical assertion. Adam Cohen’s Imbeciles (2016) and Thomas C. Leonard’s Illiberal Reformers (2016) describe how, in the United States, social Darwinism and eugenics were adopted primarily, though not exclusively, by the Left, not the Right. These recent books come on the heels of several scholarly treatments of this subject: Thomas M. Shapiro’s Population Control Politics (1985), Philip R. Reilly’s The Surgical Solution (1991), Joel Braslow’s Mental Ills and Bodily Cures (1997), Wendy Kline’s Building a Better Race (2001), Stefan Kuhl’s The Nazi Connection (2002), Nancy Ordover’s American Eugenics (2003), Christine Rosen’s Preaching Eugenics (2004), Christina Cogdell’s Eugenic Design (2004), Gregory Michael Dorr’s Segregation’s Science (2008), Paul A. Lombardo’s edition A Century of Eugenics in America (2011), and Alexander Minna Stern’s Eugenic Nation (2016). These represent only a small sampling.

Is McCloskey unware of these texts? Probably not: she reviewed Leonard’s book for Reason, although she did so after her own book reached press. At any rate, would she have us believe that Emma Goldman, George Bernard Shaw, Eugene Debs, Marie Stopes, Margaret Sanger, John Maynard Keynes, Lester Ward, and W. E. B. Du Bois were eugenicist agitators for the political Right? If so, she should supply her definition of “Right,” since it would go against commonly accepted meanings. On the matter of colonialism and war, self-identified members of the Old Right such as Albert Jay Nock, John Flynn, and Senator Robert Taft advocated precisely the opposite of what McCloskey characterizes as “Right.” These men opposed, among other things, military interventionism and adventurism. The trouble is that McCloskey’s muddying of the signifiers “Left” and “Right” comes so early in the book—in the “Exordium”— that readers may lose trust in her, question her credibility, and begin to suspect the labels and arguments in her later chapters.

Other undefined terms only make matters worse, ensuring that McCloskey will alienate many academics, who, as a class, are already inclined to reject her libertarian premises. She throws around the term “Romanticism” as if its referent were eminently clear and uncontested: “a conservative and Romantic vision” (p. xviii); “science fiction and horror fiction [are] … offshoots of Romanticism” (p. 30); “[Jane Austen] is not a Romantic novelist … [because] [s]he does not take Art as a model for life, and does not elevate the Artist to a lonely pinnacle of heroism, or worship of the Middle Ages, or adopt any of the other, antibourgeois themes of Novalis, [Franz] Brentano, Sir Walter Scott, and later Romantics” (p. 170); “Romanticism around 1800 revived talk of hope and faith and a love for Art or Nature or the Revolution as a necessary transcendent in people’s lives” (p. 171); “Romantic candor” (p. 242); “the late eighteenth-century Romantic literary critics in England had no idea what John Milton was on about [sic], because they had set aside the rigorously Calvinist theology that structured his poetry” (p. 334); “the nationalist tradition of Romantic writing of history” (p. 353); “Romantic … hostilities to … democratic rhetoric” (p. 510); “[i]n the eighteenth century … the idea of autonomy triumphed, at any rate among the progressive clerisy, and then became a leading Romantic idea, á la Victor Hugo” (p. 636); and “the Romantic conservative Thomas Carlyle” (p. 643).

To allege that the clerisy was “thrilled by the Romantic radicalism of books like Mein Kampf or What Is to Be Done” (p. xviii) is also recklessly to associate the philosophies of, say, Keats or Coleridge or Wordsworth with the exterminatory fantasies of Hitler and Lenin. McCloskey might have guarded against this misleading conflation by distinguishing German idealism or contextualizing Hegel or by being more vigilant with diction and definition. Her loose language will leave some experts (I do not profess to be one) scratching or shaking their heads and, more problematic, some non-experts with misconceptions and misplaced targets of enmity. One imagines the overeager and well-meaning undergraduate, having read Bourgeois Equality, setting out to demonize William Blake or destroy the reputation of Percy Shelly, about whom Paul Cantor has written judiciously.2 Wouldn’t originality, imagination, creativity, and individualism—widely accepted markers of Romanticism—appeal to McCloskey? Yet her unconditionally derogatory treatment of Romanticism—which she portrays as a fixed, monolithic, self-evident thing—undermines aspects of that fluctuating movement, period, style, culture, and attitude that are, or seem to be, consistent with her Weltanschauung.

But I protest too much. These complaints should not diminish what McCloskey has accomplished. Would that we had more grand studies that mapped ideas and traced influences across cultures, communities, and eras. McCloskey takes the long view, as we all should. Her focus on rhetoric is crucial to the future of liberty if, given the technological advances we have made, the “work we do will be more and more about decisions and persuading others to agree, changing minds, and less and less about implementation by hand” (p. 498). Equally significant is her embrace of humanomics—defined as “the story [of] a complete human being, with her ethics and language and upbringing” (p. xx)—which materializes in casual references to Henrik Ibsen’s plays, challenges to the depiction of John Milton “as a lonely poet in a garret writing merely to the starry heavens” (p. 393), analyses of Jane Austen’s novels, and portrayals of Elizabethan England. Her historical and narrative arc enables us to contextualize our own moment, with all of its troubles and possibilities.

Best of all, her book is inspiring and exhilarating and brimming with rousing imperatives and moving calls to action. “Let us, then,” she says at one point, “not reject the blessings of economic growth on account of planning or pessimism, the busybody if wellintentioned rationalism of some voices of the French Enlightenment or the adolescent if charming doubts of some voices of the German Romantic movement, fashionable though both attitudes have long been among the clerisy. As rational optimists, let us celebrate the Great Enrichment, and the rhetorical changes in freer societies that caused it” (p. 146). At another point she encourages her audience to guard against “both cynicism and utopianism” (p. 540), and elsewhere to heed “trade-tested cooperation, competition, and conservation in the right mix” (p. 523). These little nudges lend her credibility insofar as they reveal her true colors, as it were, and demonstrate that she is not attempting—as is the academic wont—to hide her prejudices and conceal her beliefs behind pretended objectivities.

Poverty is relative and, hence, permanent and ineradicable, despite McCloskey’s claim that we can “end poverty” (p. 8). If, tomorrow, we woke up and the wealth of each living person were magically to multiply twentyfold—even fiftyfold—there would still be people at the bottom. The quality of life at the bottom, however, would be vastly improved. The current manifestation of global poverty shows how far we as a species have advanced in the last few centuries. McCloskey is right: We should pursue the ideas that accelerated and achieved human flourishing, that demonstrably brought people out of distress and destitution. Hard sciences and mathematical models are insufficient in themselves to convey the magnitude and splendor of these ideas and their accomplishments. Hence we should welcome and produce more books like McCloskey’s that undertake a “rhetorical-ethical Revaluation” to both examine and celebrate “a society of open inquiry,” one which not only “depends on rhetoric in its politics and in its science and in its economy,” but which also yields intellectual creativity and political freedom (p. 650). In McCloskey’s approach, economics and the humanities are not mutually exclusive; rather, they are mutually illuminating and, in fact, indispensably and inextricably tied. An economics that forsakes the dignity of the human person and his capacity for creativity and aesthetics does so at its own peril and to its own disgrace. All economics is, at its core, humanomics. We could do without the latter term if we understood the former.

REFERENCES

Barzun, Jacques. 2000. From Dawn to Decadence: 500 Years of Western Cultural Life, 1500 to the Present. New York: HarperCollins.

Berman, Harold J. 1983. Law and Revolution: The Formation of the Western Legal Tradition. Cambridge, Mass.: Harvard University Press, 2003.

——. 2006. Law and Revolution II: The Impact of the Protestant Reformations on the Western Legal Tradition. Cambridge, Mass.: Harvard University Press.

Braslow, Joel. 1997. Mental Ills and Bodily Cures: Psychiatric Treatment in the First Half of the Twentieth Century. Berkeley and Los Angeles: University of California Press.

Cantor, Paul. 1997. “The Poet as Economist: Shelley’s Critique of Paper Money and the British National Debt,” Journal of Libertarian Studies 13, no. 1: 21–44.

Cantor, Paul, and Stephen Cox, eds. 2009. Literature and the Economics of Liberty. Auburn, Ala.: Ludwig von Mises Institute.

Cogdell, Christina. 2004. Eugenic Design. Philadelphia: University of Pennsylvania Press.

Cohen, Adam. 2016. Imbeciles. London: Penguin Press.

Dorr, Gregory M. 2008. Segregation’s Science. Charlottesville, Va.: University of Virginia Press.

Kline, Wendy. 2001. Building a Better Race. Berkeley and Los Angeles: University of California Press.

Kuhl, Stefan. 2002. The Nazi Connection. Oxford: Oxford University Press.

Leonard, Thomas C. 2016. Illiberal Reformers. Princeton: Princeton University Press.

Lombardo, Paul A. 2011. A Century of Eugenics in America. Bloomington, Ind.: Indiana University Press.

McCloskey, Deirdre. 2006. The Bourgeois Virtues. Chicago: University of Chicago Press.

——. 2010. Bourgeois Dignity. Chicago: University of Chicago Press.

Ordover, Nancy. 2003. American Eugenics. Minneapolis: University of Minnesota Press.

Paglia, Camille. 1990. Sexual Personae: Art and Decadence from Nefertiti to Emily Dickinson. New Haven, Conn.: Yale University Press.

Reilly, Philip R. 1991. The Surgical Solution. Baltimore: Johns Hopkins University Press.

Rosen, Christine. 2004. Preaching Eugenics. Oxford: Oxford University Press.

Shapiro, Thomas M. 1985. Population Control Politics. Philadelphia: Temple University Press.

Stern, Alexander Minna. 2016. Eugenic Nation. Berkeley and Los Angeles: University of California Press.

The Antiwar Tradition in American Letters

In American History, American Literature, Arts & Letters, Book Reviews, Books, Christianity, Conservatism, Essays, Fiction, History, Humanities, Literary Theory & Criticism, Literature, Politics, Religion, Rhetoric, Writing on October 12, 2016 at 6:45 am

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This review originally appeared here at Antiwar.com.

A review of War No More: Three Centuries of American Antiwar and Peace Writing.  Lawrence Rosenwald, editor.  New York: The Library of America, 2016.  838 pgs.

James Carroll, the novelist and Christian man of letters who has won numerous accolades over a long, distinguished career, sets the tone for this fine edition, War No More, in his short foreword.  “Wars,” he says, “have defined the nation’s narrative, especially once the apocalyptic fratricide of the Civil War set the current running in blood – toward the Jim Crow reenslavement of African Americans, further genocidal assaults against native peoples, imperial adventures abroad, a two-phased World War that permanently militarized the American economy and spawned a bifurcated imagination that so requires an evil enemy that the Cold War morphed seamlessly into the War on Terror.”

We’ve seen editions like this before – We Who Dared to Say No to War, edited by Murray Polner and Thomas E. Woods Jr. comes to mind – but the focus here is different and decidedly literary.  Lawrence Rosenwald, the editor, believes the “antiwar impulse” requires a rich “vocabulary” that’s “visionary, sensual, prophetic, outraged, introspective, self-doubting, fantastic, irreverent, witty, obscene, uncertain, heartbroken” – in short, that signals a range of human emotions and experiences.  Rosenwald promises that “[a]ll of those traits are on display here,” and follows through with essays and memoirs by Ralph Waldo Emerson, Henry David Thoreau, Kurt Vonnegut, Edmund Wilson, and, among others, Norman Mailer.

Rosenwald has also achieved a diversity of genre. He includes poems by Henry Wadsworth Longfellow, Stephen Crane, Adrienne Rich, Herman Melville, Robert Bly, Sara Teasdale, Edna St. Vincent Millay, George Starbuck, and Walt Whitman; short stories by Ray Bradbury and Ambrose Bierce; a genre-defying piece by Mark Twain (“The War Prayer”); songs by Country Joe McDonald, Ed McCurdy, and Pete Seeger and Joe Hickerson; a statement before a federal grand jury; letters and an interview; a gospel song (“Down by the River-Side”); a leaflet on the Vietnam War (the conflict with the most permeating presence in the book); excerpts of the prefatory articles of the Constitution of the Iroquois Confederacy; and more.

Women as a class are underrepresented in Rosenwald’s selections.  I count 104 men and 35 women among the contributors.  Are there fewer women involved in the antiwar movement throughout American history?  Or did Rosenwald ignore females because of his preference for particular writers and writings?  We may never know because he does not address the gender disparity.  If antiwar writers are, in fact, disproportionally male, then further study of that curious fact – or at least some speculation about it – seems warranted.

Multiple traditions merge in these pages:  John Woolman, Benjamin Rush, and Reinhold Niebuhr speak as Christians; Eugene V. Debs, Jane Addams, Arturo Giovannitti, and Howard Zinn as proxies for the Left; and Andrew Bacevich as a representative of the Right.  Figures like Randolph Bourne cut across trite political labels.  And writers associated with certain styles and forms demonstrate their versatility with other kinds of writing.  For instance, Robert Lowell, known for his poetry, shows his mastery of the epistolary form in his letter to President Franklin D. Roosevelt.

Rosenwald proves to be far more astute than Jonah Goldberg in his assessment of William James’s “The Moral Equivalent of War.” Whereas Rosenwald submits that this essay is “intended as oppositional” to war, Goldberg, a senior editor at National Review, treats it as fascist and accuses it of presenting “militarism as a social philosophy” that was not only “a pragmatic expedient” but also the basis for “a workable and sensible model for achieving desirable ends.”  Of course, Goldberg has been wrong before.

Given that Rosenwald purports to have featured the writing of “pacifists,” the inclusion of John Kerry and Barack Obama is deplorable.  True, Kerry’s statement against the Vietnam War is notable as a work of peace activism, but Kerry also voted in 2002 to authorize President Bush’s use of force to disarm Saddam Hussein, advocated U.S. military involvement in Syria, and appears at least partially responsible for the US backing of Saudi-led bombings in Yemen.

If opposition to the Vietnam War is now the measure of pacifism, then most Americans today are pacifists, there being, as of the year 2000, just 30% of Americans who believe that that war was not a mistake, according to a Gallup poll. Thus, Kerry is hardly unique in such opposition. Nicholson Baker, in his energetic essay for this volume, seems more attuned than Rosenwald to Kerry’s foreign-policy prescriptions, castigating Kerry for inciting military involvement in Gaddafi’s Libya.

President Obama, for his part, has overseen regular bombings throughout the Middle East, including in Pakistan, Yemen, Iraq, and Somalia; ordered US military intervention in Libya; increased US troop levels in Afghanistan and escalated US military operations there; and urged Americans to support US military involvement in Syria. These positions are ironic in light of his warning, in his piece in this collection, against traveling “blindly” down “that hellish path” to war.

Rosenwald’s brief, personal introductions (he recalls hearing James Baldwin speak in the Cathedral of St. John the Divine in New York, for instance, and mentions a tribute he wrote for Daniel Berrigan) to each chapter engender an autobiographical feel. One senses that this book represents a patchwork of accumulated memories, that Rosenwald has recounted and repurposed old reading experiences for present political needs. Inviting Carroll to pen the foreword, moreover, was entirely appropriate and wise.  As this review opened with Carroll’s eloquent words, so it closes with them.

“Because the human future, for the first time in history, is itself imperiled by the ancient impulse to respond to violence with violence,” Carroll intones, “the cry ‘war no more!’ can be heard coming back at us from time ahead, from the as yet unborn men and women – the ultimate voices of peace – who simply will not come into existence if the essential American soul does not change.”  But all is not lost; Carroll remains optimistic.  “The voices of this book, a replying chorus of hope,” he says, “insist that such change is possible.”

The Problem With Socialism

In Arts & Letters, Austrian Economics, Book Reviews, Books, Economics, History, Humane Economy, Humanities, Libertarianism, Politics, Western Philosophy on September 28, 2016 at 6:45 am

Allen 2

This review originally appeared here in The Daily Caller.

If you’re looking for a short introduction to socialism that rewards rereading, Thomas DiLorenzo’s The Problem With Socialism is it.

Perhaps your son or daughter has returned from college talking about collective control of the means of production and sporting Bernie Sanders t-shirts. Perhaps you’re a political novice looking for informed guidance.

Perhaps you’re frustrated with America’s economic decline and deplorable unemployment rates. Perhaps you listened with bewilderment as some pundit this election season distinguished democratic socialism from pure socialism in an attempt to justify the former.

Whoever you are, and whatever your occasion for curiosity, you’re likely to find insight and answers from DiLorenzo.

A professor of economics at Loyola University Maryland, DiLorenzo opens his book with troubling statistics: 43% of millennials, or at least those between ages 18 and 29, view socialism more favorably than capitalism, and 69% of voters under 30 would vote for a socialist presidential candidate. Socialism—depending on how it’s defined in relation to communism—may have killed over 100 million people and impoverished countless others over the course of the 20th Century.

So why have the youth (full disclaimer: by certain measures, at 33, I’m considered a millennial myself) welcomed this ideology that’s responsible for mass killings, organized theft, war crimes, forced labor, concentration camps, executions, show trials, ethnic cleansing, disease, totalitarianism, censorship, starvation, hyperinflation, poverty, and terror?

Why have death, destruction, and abject destitution become so hip and cool? Because of effective propaganda and utopian promises of “free” everything.

The problem is, as anyone who’s ever studied economics knows, there’s no such thing as free stuff. Somebodypays at some point.

“What socialists like Senator Sanders should say if they want to be truthful and straightforward,” DiLorenzo thus avers, “is not that government can offer citizens anything for free, but that they want healthcare (and much else) to become a government-run monopoly financed entirely with taxes. Taxes hide, but do not eliminate, the cost of individual government programs.”

And these programs are far more expensive to society than they would be on the free market.

The predicable rejoinder to such a claim — repeated ad nauseam by television personalities—is that socialism works, nay thrives, in, say, Sweden. DiLorenzo corrects the record: “Socialism nearly wrecked Sweden, and free market reforms are finally bringing its economy back from the brink of disaster.”

Strong language, but DiLorenzo maps the history and supplies the data to back it up. “The real source of Sweden’s relatively high standard of living,” he explains, has “everything to do with Sweden avoiding both world wars and jumping into the industrial revolution when its economy was one of the freest, least regulated, and least taxed in Europe.”

Other common binary assumptions are reversed in these pages: socialism causes pollution whereas capitalism protects the environment; socialism leads to war whereas capitalism is peaceful; socialism consolidates power among an elite few whereas capitalism decentralizes and disperses power, which ultimately resides with individual consumers making small economic adjustments based on their particular needs.

Even socialized medicine proves more inequitable than market-based alternatives. Proponents of Canadian-style healthcare ignore the fact that “Canadian health care is actually far more expensive, and the quality far lessthan it would be if doctors and hospitals had to compete for patients on the basis of quality and price.”

Coloring his analysis with references to the Austrian economists Ludwig von Mises, Friedrich Hayek, and Murray Rothbard, DiLorenzo undertakes a variety of other issues implicated by socialism: egalitarianism, fascism, income taxation, wage and price controls, monopolies, public schooling, and more.

Had I been his publisher, I would have insisted that he also include disturbing, graphic, and gruesome images of real, dead human bodies stacked on real, dead human bodies, of ransacked churches, and of confiscated property—alarmingly tangible consequences and horrifying illustrations of pure, realized socialism.

Senator Sanders and most of his followers mean well, of course, and genuinely and in good faith advocate policies they believe to be in the best interests of the United States. Yet the history of the cause they champion is fundamentally at odds with their desired goals.

DiLorenzo has the courage to call socialism what it is: “the biggest generator of poverty the world has ever known.” For young students especially, his concise primer could make the difference between feeling the Bern, and getting burned.

How Unelected Bureaucrats Became ‘Liberty’s Nemesis’

In America, Book Reviews, Books, Jurisprudence, Law on August 17, 2016 at 6:45 am

Allen 2

This post originally appeared here in The Federalist.

Whether they realize it or not, Americans are subject to the soft despotism of administrative law. The common-law system of ordered liberty and evolutionary correction that the United States inherited from England is hardly recognizable in our current legal system. Bureaucratic administrative agencies that are unaccountable to voters now determine many of the rules and regulations that have palpable effects on the everyday lives of ordinary citizens.

In many important respects, we no longer live in a constitutional republic—we’re subject to the rule of an unaccountable administrative state. This the problem confronted in Liberty’s Nemesis: The Unchecked Expansion of the State, edited by Dean Reuter and John Yoo.

Although the U.S. Constitution does not expressly endow them with legislative prerogative, or even contemplate their current form and function, administrative agencies issue and enforce binding rules. They arrogate to themselves powers nowhere authorized by the Constitution or validated by historical Anglo-American experience. These agencies, moreover, govern quotidian activities once left to local communities and small businesses—everything from managing hospital beds to issuing permits to liquefied petroleum gas dealers. On both the state and federal level, administrative agencies have intruded upon local customs and practices and have imposed burdensome regulations on resistant groups, trades, neighborhoods, and civic associations.

Administrative agencies are creatures of legislation but directed by the executive branch, which has no constitutional authority to pass laws. Their powers derive from statutes that delegate the quasi-legislative authority to issue binding commands in specified contexts. Administrative agencies generally operate independently from Congress and the courts and possess discretionary rulemaking authority.

They conduct hearings and investigations and adjudicate disputes between parties. Some agencies are household names, such as the Federal Trade Commission and the Environmental Protection Agency; some are less known, especially within state government. For instance, state personnel boards manage employment disputes involving state employers and employees, and smaller agencies regulate all sorts of activity—from cosmetology and barbering to translation services and historical preservation efforts.

The justifying theory underlying the creation and existence of administrative agencies is that they consist of qualified experts in a specialized field. Whereas the legislature is made up of elected generalists who come and go, an agency is peopled by nonpartisan specialists with unique training and experience who hold permanent positions. Administrative agencies should thus be more reliable and efficient than legislative or executive bodies in promulgating or enforcing rules and regulations. Moreover, they should be isolated from political processes and partisan pressure. Yet this institutional independence that is touted as a virtue has in practice resulted in widespread unaccountability.

It’s axiomatic that an agency may not be sued without the consent of the state. Such consent, when given, is typically limited in scope so that any potential substantive liability is narrowed. Administrative proceedings only approximate the processes and protocols recognized in courts of law. An administrative adjudicatory forum seldom replicates or reflects the procedural and functional characteristics of a courtroom. When an administrative tribunal enters a final order, the non-prevailing party may seek redress through judicial review, but the tribunal’s decision carries a presumption of correctness on appeal—both on findings of fact and matters of law—except in rare circumstances when a statute prescribes otherwise.

F. A. Hayek warned about administrative agencies—and what he dubbed the “public administration movement”—in The Constitution of Liberty.

He explained that the public administration movement had adopted slogans about government efficiency “to enlist the support of the business community for basically socialist ends.” “The members of this movement,” he cautioned, “directed their heaviest attack against the traditional safeguards of individual liberty, such as the rule of law, constitutional restraints, judicial review, and the conception of a ‘fundamental law.’” Hayek then traced the history of public administration to show that “the progressives have become the main advocates of the extension of the discretionary powers of the administrative agency.”

Philip Hamburger’s Is Administrative Law Unlawful? (2014) echoed Hayek’s criticism that, in Hayek’s words, “the widespread use of [administrative] delegation in modern times is not that the power of making general rules is delegated but that administrative authorities are, in effect, given power to wield coercion without rule, as no general rules can be formulated which will unambiguously guide the exercise of such power.”

Hamburger reframed Hayek’s criticisms in deontological terms by suggesting that administrative law is not, in fact, law—it is inherently lawless. Hayek and Hamburger both make the compelling case that administrative agencies routinely undermine the rule of law, or the principle that the general rules of society apply equally to all citizens as well as the sovereign.

In addition to Hamburger, several recent books have charted the slow growth of administrative law in the United States. Chief among them are Jerry L. Mashaw’s Creating the Administrative Constitution: The Lost One Hundred Years of Administrative Law (2012), Joanna L. Grisinger’s The Unwieldy American State: Administrative Politics Since the New Deal (2012), and Daniel R. Ernst’s Tocqueville’s Nightmare: The Administrative State Emerges in America (2014). These studies are indispensable and together form a comprehensive history of how ordinary citizens succumbed to the supervisory powers of administrative regulators.

Liberty’s Nemesis follows in the wake of these rigorous works, though it is perhaps more polemical. The book includes essays by highly visible and influential figures who range from legal practitioners to politicians, academics to activists, jurists to jurisprudents. The book’s primary focus is on administrative agencies, but certain essays—such as former congressman Bob Barr’s discussion of threats to the Second Amendment or John Eastman’s concerns about same, sex marriage—widen the topical scope.

Reuter and Yoo have collaborated before. In 2011 they published Confronting Terror: 9/11 and the Future of American National Security, an edition that featured disparate essays by prominent conservatives and libertarians, some of whom have also contributed to Liberty’s Nemesis.

Reuter, who serves as vice president for the Federalist Society, has supplied the introduction to the book. His contribution is a primer on American civics with an emphasis on the subtle tyranny of administrative law. Yoo, a law professor at the University of California, Berkeley, who’s perhaps best known for authoring legal memoranda regarding torture and the War on Terror during the George W. Bush administration, offers a brief conclusion to the book that calls for conservatives to “recalibrate their revolution” by turning their activist energies against administrative agencies rather than Congress.

In my view, the most intriguing essays in the book belong to Jonathan H. Adler, Gerard V. Bradley and Robert P. George (coauthors), and Patrick Morrisey and Elbert Lin (also coauthors). Some subjects, such as Ronald A. Cass’s appraisal of the so-called Chevron doctrine, under which courts defer to the decisions of administrative agencies, may seem predictable in a text that assails administrative regulation. However, they are no less insightful or important for their predictability.

Other subjects include immigration, financial regulation, and campus speech. An edition with such diverse chapters defies simple summary and ready classification. Doing it justice in this space is impossible. When the authors of such wide-ranging chapters include sitting senators like Orrin Hatch and former commissioners of federal agencies like Harold Furchtgott-Roth, Daniel Gallagher, F. Scott Kieff, Maureen Ohlhausen, Troy Paredes, and Joshua Wright, the reviewer’s task becomes daunting if not impossible.

So permit me a few brief remarks about just three chapters and accept my general endorsement of the book as reason enough to buy it and read it in its entirety. I’ll start with Adler, who details, among other things, the manner in which the Obama administration exceeded the scope of its authority by delaying the implementation of the employer mandate found in the Patient Protection and Affordable Care Act, a.k.a. Obamacare. The first time his administration announced this delay was in a blog post.

Similar announcements followed from the Internal Revenue Service (which was under fire for the politicization of its activities) and the Treasury Department. Obamacare itself was silent as to any executive authority to waive the requirements of the employer mandate, which, as its name suggests, mandated the implementation of its terms. Ignoring that mandate, President Obama and his executive officers enjoy the unique distinction of being the first violators of the law they championed and swore to uphold. In light of the foregoing, Adler concludes that President Obama implemented Obamacare through “unlawful administrative action” carefully calculated to avoid Democratic losses in the 2014 midterm elections.

Bradley and George, for their part, argue the Obama administration has “remapped” religion and society by erasing (or at least by seeking to erase) religious exercise and expression from the public sphere while subjecting private religious exercise and expression to novel and intrusive regulation. Bradley and George argue the Obama administration is erasing religious exercise and expression from the public sphere. For example, the Obama administration promulgated rules that compel religious employers to subsidize not just contraception but abortifacients for their female employees. The exception to this requirement was crafted such that no religious institution could qualify to opt out. The Obama administration promulgated another rule that may effectively eliminate government contracts with religious-based humanitarian organizations that provide care and counseling for crisis pregnancies. Executive Order 13672, which became effective in April of last year, adds sexual orientation and general identity to the non-discrimination categories or classes under Title VII of the Civil Rights Act of 1964. The list could go on—and does go on in Bradley and George’s sustained critique.

Finally, Morrisey, and Lin present a firsthand perspective on the overreach of environmental regulations that have crippled the economy in West Virginia and Appalachia more generally. They target the Environmental Protection Agency, which used Section 112 of the Clean Air Act as a pretext for regulating power plants in West Virginia.

Morrisey is the current Republican attorney general of West Virginia, having defeated the five-term Democratic incumbent Darrell McGraw in 2012. Morrisey’s political rise in West Virginia, which coincided with the Republican takeover of that state’s government, has generated national attention in addition to speculation about his future in higher office.

The fresh-faced Lin, a graduate of Yale Law School, is the Solicitor General of West Virginia, making him the chief appellate lawyer for the state. His experience includes a stint in private practice in Washington DC as well as clerkships with Justice Clarence Thomas, Judge William (“Bill”) Pryor, and Judge Robert E. Keeton. Morrisey and Lin, who actually practice what they preach, give the following warning that sums up the message of the book: “The worst that can be done with respect to an overreaching federal agency is to simply accept it and allow it, through sheer inertia, to remake this country according to the preferences of a handful of unelected bureaucrats.”

Although the composition and character of the U.S. Supreme Court is undoubtedly the most important issue in the 2016 election because of the president’s power to appoint a successor to Justice Scalia—and possibly other justices nearing retirement—voters must also bear in mind the rapid and steady expansion of the administrative managerial state under President Obama. Conservatives now populate state legislatures in vast numbers; state attorneys general collaboratively have begun pushing back against federal agencies; state supreme courts have welcomed traditionalist jurisprudents who revere their state constitutions and the federalist system envisioned by the American Founders.

It will take a new kind of president to roll back the administrative state altogether. State resistance alone is no longer enough. Without any pressure from the executive branch, Congress will remain content to pass off touchy political decisions to administrative agencies, which, unlike politicians, cannot be voted out of power. Congress, in turn, can blame the agencies for any negative political consequences of those choices.

We may never recover the framework of ordered liberty that the Founding generation celebrated and enjoyed. But for the sake of our future, and to secure the hope of freedom for our sons and daughters, our grandchildren and their children, we must expose and undo the regulatory regime of administrative agencies. It’s our duty to do so.

Those concerned must applaud Reuter and Yoo for their efforts at publicizing the complex problems occasioned by administrative agencies. But there’s still much work left to do. Practical solutions will not come quickly or easily. Yet they’ll be necessary if we’re ever going to reverse course and remain a nation of promise and prosperity.

Make America Mobile Again

In America, American History, Arts & Letters, Book Reviews, Books, Humane Economy, Humanities, Law, Politics on August 10, 2016 at 6:45 am

Allen 2

This review originally appeared here in The American Spectator.  Note that some of the references to the presidential election are now dated but were timely when this review was originally published.

This election season has proven that, regardless of who becomes the Democratic or Republic nominee for president, the American political landscape has been reshaped. Candidates expected to have a smooth path to their party’s nomination have met, instead, a bumpy road. The rise of Donald Trump and Bernie Sanders as viable candidates reflects the growing feeling among ordinary Americans that the system is rigged, that they’re stuck in conditions enabled and controlled by an amorphous cadre of elites from Washington and Wall Street.

Income inequality is higher today than it’s been in nearly a century. Middle and lower class citizens of other First World countries enjoy more economic mobility than do middle and lower class Americans. The United States has fallen behind managerial and quasi-socialist governments in Europe in empirical rankings of economic freedom. The gap between the so-called 1% and the rest of America is growing, and recent college graduates, saddled with student loan debt and poor job prospects, are financially behind where their parents were at the same age.

Things don’t look promising. But one law professor, F. H. Buckley of the freshly named Antonin Scalia Law School at George Mason University, outlines ways to repair structural, systemic burdens on the American economy. His new book, The Way Back, published today by Encounter Books, provocatively advocates for socialist ends by capitalist means.

Although the word socialism recalls revolution, stifled competition, attacks on private ownership, abolition of the price-system and sound economic calculation, hunger, mass-murder, off-brand goods and low-quality services, among other demonstrable horribles, Buckley has something less vicious in mind. By socialism, he does not mean a centralized government that replaces the market system with economic planning and state control of the means of production. His “socialism” is not socialism at all.

Leaving socialism undefined, he suggests that free-market economics (a term he avoids but implies) and the dismantling of the regulatory state will do more than actual socialism and its variants to lift people out of poverty and maximize their quality of life. The Left, in short, has asked the right questions about income inequality and economic mobility but supplied the wrong answers or solutions. “Sadly,” Buckley complains, “those who loudly decry income disparities often support policies which make things worse.”

It’s the aristocratic elites, in Buckley’s view, who benefit from mass bureaucracy, the welfare state, a broken immigration and public-school system, trade barriers, a flawed tax code, and a general decline in the rule of law. These unjust institutions, policies, and conditions, with their built-in advantages for a select few, cause and sustain economic immobility. They solidify the place of aristocrats — what Buckley also calls the New Class — at the top of the social stratum. Those with high levels of wealth game the system through special favors, government grants, shell companies, complicated tax schemes, offshore banking, and other loopholes designed to ensure that the 1% are excluded from the regulatory barriers imposed and administered by government at the expense of the 99%.

The aristocracy that Buckley targets is not the natural aristocracy celebrated by certain American Founders for its virtue and political disinterestedness. It’s an artificial aristocracy that has little to do with merit or talent. The Founders — probably all of them — would have been appalled by the likes of Bill and Hillary Clinton: figures who became multi-millionaires through partisan politics. The Clintons embody the new artificial aristocracy. They amassed their wealth by championing programs that have slowed economic mobility while purporting to do the opposite. The Founders, by contrast, believed that benevolent aristocrats would be free from economic pressure and thus would not succumb to the temptations to use government positions or privileges for personal gain.

The Founders would have cringed to learn that public service has become a vehicle to riches. For all his many faults, Donald Trump appeals to disenfranchised Americans because he declares he’s financed his own campaign and admits that a rigged system — exemplified by our federal bankruptcy laws — has worked in his favor. He knows the government system is unfair and claims he wants to change it.

“America was a mobile society for most of the twentieth century,” Buckley says, citing statistics and substantiating his claim with charts and graphs. Trump’s supporters no doubt long for those days of economic mobility that Buckley locates in the exuberant 1950s.

When Trump announces that he wants to make America great again, people stuck at the bottom of the rigid class divide respond with enthusiasm. On a subterranean level, they seem to be hoping that America can once again become a mobile society, a place where a lowly pioneering frontiersman like Abraham Lincoln (Buckley’s favored symbol of social and economic mobility) can rise from humble beginnings to become the President of the United States. Buckley believes that “the central idea of America, as expressed in the Declaration [of Independence], became through Lincoln the promise of income mobility and a faith in the ability of people to rise to a higher station in life.”

Class structure is more settled in America than in much of Europe. Yet America has always defined itself against the European traditions of monarchy, aristocracy, dynasty, and inherited privilege. Buckley states that “America and Europe have traded places.” The trope of the American Dream is about rising out of your received station in life to accomplish great things for yourself and your posterity. What would it mean if U.S. citizens were to envy, instead, the European Dream? What if America is now the country of privilege, not promise? If the American financial and economic situation remains static, we’ll learn the answers to these questions the hard way.

Perhaps the most interesting and unique feature of Buckley’s book is his embrace of Darwinian theory — including the genetic study of phenotypes and kin selection — to explain why American aristocrats combine to preserve their power and restrain the middle and lower classes. In short, people are hard-wired to ensure the survival of their kind, so they pass on competitive advantages to their children. “American aristocrats,” Buckley submits, “are able to identify each other through settled patterns of cooperation called reciprocal altruism.” People organize themselves into social groups that maximize the genetic fitness of their biological descendants. If certain advantages are biologically heritable, then “a country would have to adopt punitive measures to handicap the gifted and talented in order to erase all genetic earnings advantages.”

Eugenics measures were popular during the Progressive Era, before we learned about the horrors of Nazi genocide and eugenics, but surely the Left does not want to return to such inhumane and homicidal practices to realize their beloved ideal of equality. Yet Buckley reveals — more subtly than my summary suggests — that biological tampering is the only way for egalitarians to transform their utopian fantasies into a concrete reality.

To those who might point out that Buckley, a tenured law professor living in the handsome outskirts of D.C., is himself a member of this self-serving aristocracy, Buckley declares that he’s a traitor to his class. Without bravado or boast, he presents himself as the rare altruist who recognizes the net gains realized through reasonable cooperation among disparate groups.

Trump and Ted Cruz ought to have Buckley’s book on hand as they make their final case to the electorate before this summer’s convention. Buckley explains why conservatives, libertarians, and Republicans alike should care about economic mobility and inequality. By ignoring the problem of economic disparity, he warns, “the Republican establishment has handed the Democrats a hammer with which to pound it.” Buckley identifies the types of cronyism and economic barriers to entry that have caused social immobility and inequality. To resolve our troubles, he advocates “easy pieces of useful and efficient legislation” that he dubs his “wish list.”

The final section of his book describes this “wish list” and sketches what Americans can do to reinvigorate their economy and make their country mobile again. By facilitating educational choice and charter schools, streamlining the immigration system, curtailing prosecutorial overreach and the criminalization of entrepreneurship, and cutting back on the financial regulations, tax loopholes, and corporate laws that are calculated to benefit rather than police those at the top, Americans can bring back the conditions necessary for the proliferation of individual liberty and prosperity — or, in Buckley’s words, restore the promise of America.

The Conservative Mindset

In American History, Arts & Letters, Book Reviews, Books, Conservatism, Emerson, History, Humanities, Literary Theory & Criticism, Literature, Politics, Scholarship, Western Civilization, Western Philosophy on July 20, 2016 at 6:45 am

Allen 2

The following review first appeared here in the Los Angeles Review of Books.  Some of the references, such as those to the presidential primary season, may be dated now, but they were timely on the date of original publication.

The presidential primaries are at last upon us. The leading Republican candidates, including frontrunners Donald Trump and Ted Cruz, have resorted to showmanship and grandstanding to make their case for the party nomination. Their harsh, uncouth rhetoric stands in marked contrast to the writings of Russell Amos Kirk, a founding father of modern American conservatism.

Books on Kirk exist, but they’re few. Fellow conservatives, many of them friends or colleagues of Kirk’s — like T. S. Eliot, William F. Buckley, Barry Goldwater, F. A. Hayek, Eric Voegelin, and Leo Strauss — have received more attention. In this regard, Kirk is the victim of his virtues: he was less polarizing, celebrated by followers and detractors alike for his measured temperament and learned judgments. He did earn numerous adversaries, including Hayek and Frank Meyer, who in retrospect appear more like ambivalent friends, but the staying power of Kirk’s congeniality seems to have softened objections to his most resolute opinions.

Bradley J. Birzer, a professor at Hillsdale College who holds a chair named for Kirk, fills a need with his lucid and ambitious biography. Birzer is the first researcher to have been granted full access to Kirk’s letters, diaries, and draft manuscripts. He has avoided — as others haven’t — defining Kirk by his list of accomplishments and has pieced together a comprehensive, complex account of Kirk’s personality, motivations, and influences.

Birzer offers five themes in Kirk’s work, and less so his private life, which Birzer only touches on: his intellectual heritage, his ideas of the transcendent, his Christian humanism, his fiction, and the reach and implications of his conservatism. Kirk isn’t a dull subject. One need not identify as a conservative to appreciate his polished charm and idiosyncrasies. A plump, bespectacled gentleman who feigned disdain for technology, Kirk was something of a spiritualist with a penchant for the weird. He considered himself a Stoic before he had converted to Catholicism, a regeneration that makes sense in light of the relation of Stoic to Pauline thought.

As a young man Kirk spent four years in the military. His feelings about this experience were conflicted. He suffered from a blend of ennui and disenchantment but occupied his free time with reading, writing, and studying. He was horrified by the use of atomic bombs in Hiroshima and Nagasaki, where the United States had decimated the most flourishing Western cultural and religious centers in the Japanese Empire, just as he was by the internment of Japanese Americans.

The tremendous violence of the 20th century, occasioned by the rise of Nazism, communism, and fascism, impressed upon Kirk a sense of tragedy and fatalism. He came to despise totalitarianism, bureaucracy, radicalism, and “ideology” as leveling systems that stamped out the dignity and individuality of the human person. Hard to place along the left-right spectrum, he was as critical of big corporations and the military as he was of big government and labor.

When Kirk inserted himself into political debates he supported Republican politicians, becoming temporarily more interventionist in his foreign policy before returning to a form of Taftian isolationism, but he always remained more worried about reawakening the moral imagination than in having the right candidates elected to office. His was a long view of society, one without a fixed teleology or secular eschatology, and skeptical of utopian thought. Kirk advocated a “republic of letters,” a community of high-minded and profoundly sensitive thinkers devoted to rearticulating perennial truths (such as the need to pacify human violence, temper human urges for power, and cultivate human longing for the transcendent or divine) and preserving humanist institutions.

Kirk’s politics were shaped by imaginative literature and characterized by a rich poetic vision and vast cultural literacy. Fascinated by such disparate figures as Edmund Burke, Irving Babbitt, Paul Elmer More, T. S. Eliot, Sir Walter Scott, George Santayana, and most of the American Founders, Kirk was also versed in the libertarianism of Albert Jay Nock and Isabel Paterson, whose ideas he admired as a young man but vehemently rejected throughout his mature years. Burke and Babbitt, more than any other men, shaped his political philosophy. And his irreducible imagination made room for mysticism and a curious interest in ghosts.

Kirk’s debt to Burke cannot be overstated. “Like the nineteenth-century liberals,” Birzer says, “Kirk focused on the older Burke, but he countered their dismissal of Burke’s ideas as reactionary and exaggerated.” Kirk also downplayed Burke the Whig, who championed the cause of the American Revolution, which Kirk considered to be not a revolution but a conservative restoration of ancient English liberties. Kirk was wary about the Enlightenment, as was Burke, because the scientism of that period tended to oversimplify inherently complex human nature and behavior. Kirk also thought the Enlightenment philosophes had broken too readily from the tested traditions of the past that shaped human experience.

Kirk appealed to American patriotism — which he distinguished from reckless nationalism — in The American Cause (1957) (which he later renounced as a “child’s book”), The Roots of American Order (1974), and Americas British Culture (1993), drawing attention to what he saw as the enduring customs and mores that guard against utopian conjecture. Yet American patriotism was, in Kirk’s mind, heir to the patrimony of Athens, Jerusalem, Rome, and London. From the mistakes and successes of these symbolic cities Americans could learn to avoid “foreign aid” and “military violence,” as well as grandiose attempts to “struggle for the Americanization of the world.”

Disillusioned with academia after his graduate work at Duke, Kirk was offered a position, which he turned down, at the University of Chicago. Kirk fell in love with the University of St. Andrews, however, where he took his doctorate and wrote a lengthy dissertation on Edmund Burke that would later become his magnum opus, The Conservative Mind. Kirk revised The Conservative Mind throughout his life, adding new permutations and nuances in an attempt to ensure the continued resonance of his cultural mapping.

The almost instant success of The Conservative Mind made Kirk an unlikely celebrity. The book featured sharply etched portraits of men Kirk considered to be representatives of the conservative tradition. Regrettably, and perhaps tellingly, Kirk tended to ignore the contributions of women, passing over such apposite figures as Julian of Norwich or Margery Kempe, with whom he, as a mystic Catholic anglophile, had much in common. Kirk shared more with these women, in fact, than he did with Coleridge or Thomas Babington Macaulay, who appear in The Conservative Mind.

Kirk was also woefully uneducated about American pragmatism. He overlooked Burke’s influence on, and compatibility with, pragmatism. (As Seth Vannatta ably demonstrates in Conservatism and Pragmatism (2014), Burke “is a model precursor of pragmatism because he chose to deal with circumstances rather than abstractions.”) Kirk failed to see the pragmatic elements of Santayana, whom he adored, and he seemed generally unaware of the work of C.S. Peirce. Kirk’s breezy dismissal of William James, Santayana’s teacher and later colleague, suggests he hadn’t read much of James’s oeuvre, for Kirk lumped the very different James and Dewey together in a manner that proved that Kirk himself was susceptible to the simplification and reduction he decried in others.

Conservatism, for Kirk, consisted of an attitude or mindset, not an explicit or detailed political program. Enumerating vague “canons” of conservatism that Kirk tweaked from edition to edition, The Conservative Mind was a “hagiographic litany,” a genealogy of the high-minded heroes of ordered liberty and convention. Kirk didn’t intend the book to be model scholarship. It was something more — an aestheticized bricolage cannibalized from Burke and Eliot and others, with inspirational and ritualistic value. It has never gone out of print.

Kirk is sometimes accused of being contradictory, holding simultaneously incompatible positions, in part because he lauded apparent antagonists such as John C. Calhoun and Abraham Lincoln. “Kirk found something to like in each man,” Birzer says of Calhoun and Lincoln, “for each, from [Kirk’s] perspective, embodied some timeless truth made sacramentally incarnate.” Tension between rivaling conservative visions is reconciled in Kirk’s desire never “to create an ideology out of conservatism, a theology at the quick and the ready with which one could easily beat one’s opponents into submission.” Ideology, Kirk believed, was a symptom of totalitarianism, and as such was the common denominator of fascism and communism. Kirk believed his own philosophy was not an ideology, because he, like Burke, preferred “a principled defense of justice and prudence” to any specific faction or agenda. He recognized that change was necessary, but thought it should be guided by prudence and historical sensitivity.

For a history buff, Kirk could be positively ahistorical and uncritical, ignoring the nuances and particularities of events that shaped the lives of his heroes. He ignored Calhoun’s commitment to the peculiar institution, and with a quick wave of the hand erased slavery from Calhoun’s political calculus, adding without qualification that “Calhoun defended the rights of minorities.” Kirk made clumsy caricatures out of his assumed enemies, calling men like Emerson “the most influential of all American radicals.” Emerson had met Coleridge, whose Romanticism partially inspired Emerson’s transcendentalism. Yet Kirk loathed Emerson and praised Coleridge and saw no inconsistency in doing so.

Kirk was not alone during the 1950s. The decade witnessed a renaissance of conservatism, exemplified by the publication of not only Kirk’s The Conservative Mind, but also Robert Nisbet’s The Quest for Community, Strauss’s Natural Right and History, Ray Bradbury’s Fahrenheit 451, Eliot’s The Confidential Clerk, Voegelin’s New Science of Politics, Gabriel Marcel’s Man against Mass Society, Christopher Dawkins’s Understanding Europe, C.S. Lewis’s Mere Christianity, Whittaker Chambers’s Witness, and Buckley’s God and Man at Yale. It was The Conservative Mind, however, that “gave one voice to a number of isolated and atomized voices.” It also lent intellectual substance and credibility to the activist groundswell surrounding such politicians as Goldwater a decade later.

When Kirk joined Buckley’s National Review, the manner of his writing changed. Previously he had contributed to literary and scholarly journals, but, as Birzer points out, his “contributions to the National Review slowly but surely crowded out his output to other periodicals.” Working for National Review also drew Kirk into personality conflicts that passed as theoretical disagreements. Kirk sided with Buckley, for instance, in banishing from the pages of National Review any writers associated with the John Birch Society. Kirk despised the egoism of Ayn Rand, scorned the label neoconservative, and did not take kindly to the doctrines of Irving Kristol. Yet Kirk held Leo Strauss in high regard, in no small part because of Strauss’s scholarship on Burke and natural rights.

Strauss is sometimes treated as the fount of neoconservativism, given that his students include, among others, Allan Bloom, Harry Jaffa, and Paul Wolfowitz. But Kirk never would have considered the esoteric and conscientious Strauss to be in a league with neoconservative provocateurs like Midge Decter and Norman Podhoretz, who indicted Kirk for anti-Semitism after Kirk, in a speech before the Heritage Foundation, stated that some neoconservatives had mistaken Tel Aviv for the capital of the United States — a tactless comment that was blown out of proportion.

“Kirk never sought conformity with those around him,” Birzer argues, “because he never wanted to create a sect or a religion or a cult of personality.” Kirk labored for the sake of posterity, not self-promotion. “The idea of creating ‘Kirkians,’” as there are Straussians, Misesians, Randians, and Rothbardians, “would have horrified [Kirk] at every level of his being”; Birzer insists that Kirk “desired only to inspire and to leaven with the gifts given him,” adding that “[h]e did well.” “I hope,” Birzer concludes, “I have done at least half as well” in writing Kirk’s biography.

Bringing Kirk into renewed focus during a contentious election season, as the term conservatism is bandied about, contested, and abused by commentators as varied as David Brooks and Phyllis Schlafly, Megyn Kelly and Rush Limbaugh, Karl Rove and Michael Savage, Birzer reminds us that conservatism, properly understood, is a “means, a mood, an attitude to conserve, to preserve, and to pass on to future generations the best of the humane tradition rather than to advocate a particular political philosophy, party, or agenda.”

One wonders, watching the campaign stops and debate spectacles, the ominous political advertisements and alarmist fundraising operations, what’s left of this humane tradition in our current political discourse. When our politicians lack a responsible and meaningful awareness of the residual wisdom of the ages, we get the leadership and politics we deserve. Would that we had more Russell Kirks around to remind us of the enduring things that, in times like these, are hard to find and difficult to believe in.

Claire Hamner Matturro Reviews Robert Bailey’s “Between Black and White”

In Arts & Letters, Book Reviews, Books, Creative Writing, Fiction, Humanities, Justice, Law, Law-and-Literature, Literature, Novels, Southern Literary Review, Southern Literature, The Novel, The South, Writing on June 15, 2016 at 6:45 am

ClaireHamnerMatturroforSoLitRev

Claire Hamner Matturro, a former lawyer and college teacher, is the author of four legal mysteries with a sense of humor. Her books are Skinny-Dipping (2004) (a BookSense pick, Romantic Times’ Best First Mystery, and nominated for a Barry Award); Wildcat Wine (2005) (nominated for a Georgia Writer of the Year Award); Bone Valley (2006) and Sweetheart Deal (2007) (winner of Romantic Times’ Toby Bromberg Award for Most Humorous Mystery), all published by William Morrow. She remains active in writers’ groups, teaches creative writing in adult education, and does some freelance editing. Visit her at www.clairematturro.com.

The review originally appeared here in Southern Literary Review.

Following the success of his powerful debut legal thriller, The Professor (Thomas & Mercer 2015), Bailey offers a second, stunning story in the series. In his novel Between Black and White (Thomas & Mercer March 2016), Bailey establishes beyond doubt that he is an author to be read and reckoned with.

Between Black and White is closely tied to Bailey’s first book and involves several of the same characters. In The Professor, readers were introduced to aging former law professor Tom McMurtrie, who returns to the courtroom after being forced out of his teaching position at The University of Alabama School of Law. Tom teams up with Rick Drake, an impetuous young attorney and his one-time student. Together, in The Professor, Tom and Rick pursue a tense and dangerous wrongful death lawsuit.

While Tom and Rick dominate The Professor, another lawyer—Bocephus Haynes, or Bo—steps into that story at critical times to boost and support Tom. Bo is a bigger than life black University of Alabama football star who blew out his knee and, instead of retreating into depression over the loss of a pro football career, goes to law school. Tom is one of his professors, and the two develop a close friendship.

As much as The Professor was Tom and Rick’s story, Between Black and White is Bo’s story. In the prologue, we meet Bo as a five-year-old who watches members of the Ku Klux Klan lynch his beloved father. From the opening pages of Chapter One—which finds a disheartened, angry Bo getting drunk on the anniversary of his father’s brutal lynching—to the shocking, violent conclusion, Bo leaps off the pages with boldness and spirit. But like all well-crafted fictional heroes, he is flawed, and his failings land him in a courtroom as the sole defendant in a capital murder case.

His near fatal flaw: hunger for revenge. Obsessed with punishing the man who lynched his father, Bo shapes his professional life around that goal. After graduating with honors from The University of Alabama School of Law, Bo turns down offers at prestigious law firms. He returns to his home town, Pulaski, Tennessee, to a solo law practice as the city’s only black attorney—and to pursue the man he holds responsible for his father’s death. Too many people in the city of Pulaski know Bo is driven by his fixation to punish the man he blames for his father’s lynching. His wife has even left him because his drive to avenge his father’s murder has endangered their two children.

Since Bo was five years-old, he has blamed Andrew Davis Walton, a powerful businessman in Pulaski, for his father’s death. Once the Imperial Wizard of the Tennessee Knights of the KKK, Walton shook off the robes of the Klan and made millions in the stock market. Known as the “the Warren Buffett of the South,” he tried to make amends for his Klan actions.

Yet people have a long memory when it comes to the Klan—and no one more than Bo. Though Walton was hooded the night five-year-old Bo witnessed the lynching, Bo recognized Walton’s voice. But no one in law enforcement was ever willing—then or later—to prosecute Walton on the testimony of a child claiming to identify a voice.

On the 45th anniversary of his father’s lynching, Bo gets drunks in a local bar. Walton and Maggie, Walton’s aging, beautiful wife and one of the local landed aristocracy, seemingly accidentally run into Bo in the bar. Face to face with Walton, Bo threatens him in front of witnesses by quoting the Old Testament’s “eye for an eye.”

After the bartender breaks up the confrontation, Walton steps outside. But before Bo leaves the bar, Maggie returns to tell him that Walton is dying. She asks that Bo leave her terminally ill husband alone. Bo staggers out, lamenting to himself that Andy Walton was going to die before he could bring him to justice.

That night, someone shoots Walton and stages a mock lynching at the site where Bo’s father was lynched four and a half decades before.

Physical evidence points directly at Bo. Everyone in the legal community knows he had the motive and opportunity. Even before Bo recovers from his hangover, he is in jail. The prosecutor, a fierce woman attorney who has butted heads with Bo in court before, decides to seek the death penalty.

Pulaski was the birthplace of the Ku Klux Klan, and many residents and officials in the city strive to live that down. So when the murder, with its roots in the old KKK lynching, puts Pulaski and its Klan heritage back in the spotlight of national media, city officials attempt to pressure Bo to plead guilty and avoid the further media circus of a trial.

Bo refuses. He is innocent of murdering Walton—or so he claims, though no one in law enforcement believes him. He calls on his former law professor and close friend, Tom, to defend him. Reluctantly, Tom agrees and retains local attorney Raymond “Ray Ray” Pickalew, another former U of A football player. Rick, who is now Tom’s law partner, is dragged into the case as well.

Though Tom and Rick sense a setup, they struggle against multiple roadblocks—and the overwhelming physical evidence of Bo’s guilt—to determine who had a motive to kill Andy Walton and frame Bo. During their quest, Tom is assaulted and sidelined by his injuries; Ray Ray is a drunk with an attitude, and young. Overwhelmed Rick is left to unravel the seemingly unrelated pieces of a complex, emotional puzzle. Villains from The Professor return to taunt and threaten Tom and Rick, adding further intricacy to the plot.

Thus, Bailey sets up the classic formula of a legal thriller. Mind you, formula is not used as a derogatory term here. Shakespeare’s sonnets were formula and critics do not dismiss them in disparaging terms. As used here, formula simply refers to the structure and elements that define a genre or a literary style. In a legal thriller where the focus is on a criminal defendant on trial for his or her life, readers expect the odds to be stacked against the defendant. They expect the defense attorneys to be complicated, troubled, overwhelmed and conflicted. And, owing perhaps to the Perry Mason standard, readers expect a surprise witness and revelation near the close of the trial which allows the defense attorneys to prevail and the defendant to be found not guilty.

There are, of course, notable exceptions to this basic formula. Lincoln Lawyer and A Time to Kill come to mind. Both of those legal thrillers had guilty defendants, yet with vastly differing twists at the end.

Given the formulaic elements at play in the genre, a successful legal thriller author has to avoid creating a stale, mechanical plot that reads like a written version of a paint-by-number canvas. Yet the author has to keep the plot within the confines of the genre or publishers will scratch their heads and throw the manuscript on the reject pile.

In other words, authors working within a prescribed genre face a kind of delicate yet vicious circle. On the one hand, they must write within the parameters of their chosen genre. But, on the other hand, they have to do something new, exciting and fresh. It’s kind of like saying: Color within the lines. But don’t color within the lines.

Within this catch-22, the author has to give the reader something more—and something different. This Bailey does, and does with a bang.

Yet, having said that much, to say much more about the surprising, original twists of Between Black and White risks spoiling the plot. Thus, this reviewer will only observe that per the Perry Mason/John Grisham model, an unexpected witness with a startling revelation does pop up at the end of the trial. But just when the reader settles back to relax and believe that justice has been achieved, something complicated, violent and utterly surprising happens.

It isn’t just that Bailey knows how to surprise us, but he also writes well. Very well. Make no mistake on that point. His sentences are clear, clean, distinctive, and when they need to hit with a punch, they do. His pacing is excellent—an edge-of-the-seat, can’t-put-it-down momentum fuels the storyline from the prologue to the climatic ending. His characters are well-drawn, his sense of place and world-building excellent. The plot is intricate, but believable. There is redemption for some characters, resolution for others—and those that deserve neither are left to flounder in their own hell. Justice is achieved, albeit in a confused, violent way.

In short, Bailey wrestles what in less talented hands could have been a formulaic story into something wholly fresh, engaging, and ultimately rich and satisfying. This is a book you want to own and read.

Claire Hamner Matturo Reviews Robert Bailey’s “The Professor”

In Arts & Letters, Book Reviews, Books, Fiction, Humanities, Justice, Law, Law-and-Literature, Literature, The Novel, Writing on May 25, 2016 at 6:45 am

ClaireHamnerMatturroforSoLitRev

Claire Hamner Matturro, a former lawyer and college teacher, is the author of four legal mysteries with a sense of humor. Her books are Skinny-Dipping (2004) (a BookSense pick, Romantic Times’ Best First Mystery, and nominated for a Barry Award); Wildcat Wine (2005) (nominated for a Georgia Writer of the Year Award); Bone Valley (2006) and Sweetheart Deal (2007) (winner of Romantic Times’ Toby Bromberg Award for Most Humorous Mystery), all published by William Morrow. She remains active in writers’ groups, teaches creative writing in adult education, and does some freelance editing. Visit her at www.clairematturro.com

This review originally appeared here in Southern Literary Review.

Move over, John Grisham, there’s a new kid on the legal thriller playing field.

Robert Bailey, an Alabama trial attorney and graduate of The University of Alabama School of Law, returns the kickoff for a 100 yard touchdown with his debut novel, The Professor. The football reference is apropos as the protagonist of The Professor was a member of Alabama’s famous 1961 National Champion football team, and the book opens with a guest appearance by venerated Alabama football coach, Paul “Bear” Bryant. Alabama’s 1961 national championship was the first of the six that Bear Bryant would win as head coach of the Crimson Tide, and the fighting spirit of that 1961 team resounds throughout the novel.

But one does not need to be a football fan or even a fan of legal thrillers to enjoy Bailey’s book as its writing is smooth, captivating and, in all the right places, emotionally moving—all the more impressive in that Bailey only took a single creative writing class while an undergraduate at Davidson College. According to Bailey, “We wrote four short stories, and the critiques I received were mostly positive.  It was definitely a confidence builder and a whole lot of fun.”

How did he go from taking just one creative writing class to writing a riveting debut of a legal thriller?

In law school, Bailey served on the law review, an honor generally reserved for those who can write well. Yet there is a football field of difference in writing an analytical, academic, footnoted and blue-booked law review article and composing an edge-of-your-seat legal thriller.

The bridge, then, between writing like a lawyer and writing like a top-drawer novelist was part inspiration, part studying other novels, and part the hard work of rewriting, redrafting, and revising. Bailey’s inspiration came from growing up in Alabama as a Bear Bryant fan and from wanting to write about a brash young “bull-in-a-china-shop” new attorney—a character whose experiences resemble Bailey’s own days straight out of law school. As for studying other legal thrillers and books, Bailey has said, “Yes, I have learned a lot from reading other novels.  Also, Stephen King’s instructional memoir, On Writing, was a big influence and inspiration.” And as for the hard work of revision and rewriting—it took Bailey eight years to finish The Professor, though he was practicing law, trying cases, and raising a family at the same time.

Bailey, a history major and a Huntsville, Alabama, native, is quite the Bear Bryant fan and a football historian. These personal interests enrich The Professor and play into Bailey’s creation of the lead character, Professor Thomas Jackson McMurtrie.

In some ways McMurtrie, the protagonist, is an unusual leading man. For one thing, he is 68 and his glory days on the famous Alabama football team of 1961 are long behind him. He faces serious health issues, mourns his late wife, and has been unfairly manipulated out of his position as an evidence professor at the University of Alabama School of Law into an unwanted early retirement. One of his former students—and a man he had called a friend—was complicit in the scheme to push him out as a law professor, and the betrayal wounds McMurtrie deeply.

Yet, in other ways, McMurtrie is the ideal leading man—for one thing his skills and instincts as a trial attorney form the perfect balance to his headstrong, volatile former student, Rick Drake, when they take on a trucking company in a wrongful-death case. McMurtrie, named after Thomas “Stonewall” Jackson, epitomizes what we would want in both a leading man and a lawyer—he is somewhat of a modern Atticus Finch, albeit with some different demons. Bailey writes in his author’s notes that he wanted to create a character that was a “man of exceptional integrity, strength, and class.” This Bailey has done.

Rick Drake, the lawyer version of a yin to McMurtrie’s yang, is more of what readers might expect in legal thrillers. A young lawyer, brash, over his head, yet passionate about his client and the case, Drake has more gumption and zeal than skills. He needs the experience and even temperament of McMurtrie. Drake also needs an expert in evidence, and McMurtrie literally wrote the textbook on evidence law in Alabama.

But here’s the rub: Drake and McMurtrie have a turbulent history. Drake was McMurtrie’s law student and the two came to blows—literally—after Drake hotheadedly dashed his trial advocate team’s chances of winning a national trial competition. McMurtrie was the team’s coach. After a video of the angry clash between the professor and the student was posted on YouTube, a conniving new dean at the law school used the incident as part of his plan to push McMurtrie out of his tenured position.

So, let’s just say Drake and McMurtrie are not best friends.

Yet each man knows the value of the other. Drake has the vigor McMurtrie fears is waning in himself. And McMurtrie has decades of knowledge and the calm, deliberate skills Drake lacks.

Thus, out of these conflicts and contrasting personalities, the characters of McMurtrie and Drake form an integral part of what makes The Professor work so well. This is a book about people, vividly drawn and fully realized, overcoming obstacles within themselves—as well as obstacles placed in their way by unscrupulous others.

Superb writing and engaging protagonists, though, are not the only things that make this debut so compelling. This is a bam-bam-bam book as far as plot goes, with plenty of action in and out of the courtroom. In the opening chapters, there is a horrific and fiery automobile crash, betrayal, suicide, murder, blackmail and enough suspense to keep the reader turning pages all night. There’s a good reason Winston Groom, author of Forrest Gump and another Alabama writer, calls The Professor “[g]ripping from the first page to the last.”

In a tightly woven plot that unfolds naturally in well-paced scenes, McMurtrie refers a former girlfriend (from the days before his marriage) to Drake for representation in a wrongful-death action after her granddaughter, daughter and son-in-law slam into a speeding eighteen-wheeler and die. McMurtrie recommends that she retain Drake in part because Drake grew up in the town where the lawsuit will be tried and McMurtrie believes in the home-court advantage. Yet McMurtrie also believes Drake can win the case—and he wants to help the struggling lawyer.

The defendant trucking company’s owner is an unscrupulous yet tough adversary who has the power to pervert the quest for hard evidence. Drake and McMurtrie have to prove in a court of law what they know is true—the trucking company had a consistent, deliberate pattern of forcing its truckers to speed in order to clock more miles and make more money for the company. Yet the trucking company’s owner doesn’t play by any rules, which gives him an apparent upper hand in disposing of key witnesses and the paper trail of evidence. Compounding the pressure on Drake and McMurtrie, the trucking company’s attorney is none other than McMurtrie’s former friend who betrayed him and helped oust him from his teaching career.

The stakes go beyond money. The plaintiff wants the world to know the truth about the accident—that her family died because of a concerted, greedy corporate plan that turned its eighteen-wheelers into dangerous weapons.

McMurtrie wants to avenge himself against his former friend and later betrayer, and he wants to help his former girlfriend. Not incidentally, he hopes to prove that even at 68, “The old bull still has a little gas in the tank.” And, maybe, he hopes to get his job as a law professor back. He definitely wants to help Drake and set matters right between them.

Yet in some ways, Drake is the one who has the most at stake. The YouTube of his shoving contest with McMurtrie painted him as an uncontrollable hothead and cost him his position at a big law firm. He is barely earning his rent as a solo practitioner. He questions himself. If Drake is going to survive as an attorney, he needs a courtroom victory. But beyond building his career, he needs to get right in his own head and prove he is capable of being a winning trial attorney—one who will not blow up and ruin the case as he did during the law school trial team competition. Drake is a young man, not fully formed as a man or an attorney, and this trial will make or break his maturation.

The trial scenes resonate with realism. Naturally so, given that the author is a practicing attorney and a shareholder with the law firm of Lanier Ford in Huntsville. Interestingly enough, the author defends—among others—trucking companies. Similar to his character Drake, Bailey was a winner in trial advocacy competitions while in law school.

The Professor introduces the character of Bocephus Haynes, McMurtrie’s favorite former student. Bocephus plays an important yet secondary role in the story as ally and emotional support, but he is set to return in a leading role in the sequel, Between Black and White. A third manuscript, now in the works, will take Drake and McMurtrie back to Tuscaloosa, and Drake’s story line and growth as a character will be explored further and in more detail.