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Part One: Review of Nathaniel Branden Issue of the Journal of Ayn Rand Studies

In America, Arts & Letters, Book Reviews, Books, History, Humanities, liberal arts, Philosophy, Scholarship, Western Civilization, Western Philosophy on June 21, 2017 at 6:45 am

This post is the reproduction of portions of a series of pieces originally published at Atlas Society’s website.  The original series of posts is available here, here, here, and here.

The idea for a symposium on the life and thought of Nathaniel Branden came in 2012, two years before Branden’s death. Branden himself knew about and approved of the symposium but never saw it completed before he passed away.

The editorial board of The Journal of Ayn Rand Studies conceived of this symposium as a wide-ranging, probing treatment of Branden’s vast and complex career, not just of his years with Ayn Rand. The response from potential contributors exceeded their expectations; they were inundated with submissions. What was supposed to be one volume became two. The once-slender manuscript grew to over 300 pages bearing the title “Nathaniel Branden: His Work and Legacy.”  This is the first such work of its kind to assess Branden as a central figure in both philosophy and applied psychology in the latter half of the twentieth century.

Although the contributors to this collection come from various disciplines and represent different, sometimes incompatible positions, the editors received no contributions from the more “fundamentalist” Objectivists, and none from scholars associated with the Ayn Rand Institute (ARI). The editors emphasize this fact in their prologue not to display resentment or animus, it seems, but as a sort of disclaimer—and explanation for the largely positive  tone that characterizes much of the content here.

I have striven for impartiality regarding the Branden-Rand split and have, I think, made a good-faith effort to maintain the critical detachment necessary to write searchingly and decisively about this collection without sacrificing scholarly rigor or causing needless offense to students of Branden or Rand.

Section I

Section I of the collection is devoted to the so-called “Rand Years” of Branden’s career. It contains essays by Duncan Scott and Susan Love Brown and the reproduction of a lecture and question-answer session by Branden himself.

Scott, a filmmaker, tells the “truly epic story” of the improbable rise of the Objectivist movement that is attributable in part to Branden’s efforts. Scott met Branden but did not know him well. Filming Branden in 2003 for the Objectivist History Project, however, led him to realize Branden’s seminal role in the proliferation of Objectivism.

Scott credits Branden with popularizing Rand’s work and institutionalizing her lecture series. “The creation of a philosophy and the creation of a philosophical movement,” he says, “are not one and the same.” Undoubtedly Rand achieved the former on her own, but Branden is largely responsible for the latter, having responded to Rand’s fan mail, planned her events, established a newsletter in her honor, and spread her message across the globe to eager students and curious minds. These labors not only increased Rand’s following, but also lifted her spirits. Discouraged by negative reviews of her work, she began, with Branden’s help, to realize the extent of the impact her novels were having.

Branden popularized Rand as a writer of nonfiction and encouraged her to write about “racism as biological collectivism, totally incompatible with individualist philosophy”—a position that drew needed attention during the height of the Civil Rights Era. Scott succeeds in showing that Branden’s singular devotion to Rand during this period made him something of a publicist for, not just a disciple of, her work. He created vehicles for driving her ideas to vast audiences and made possible the formation of groups devoted to her philosophy. Without him, Rand may not have become the towering figure she is today.

Because it is so titillating and provocative, Brown’s piece on Branden’s sexuality is the most memorable part of the opening section of“Nathaniel Branden: His Work and Legacy,” recently published by The Journal of Ayn Rand Studies.

Even its title—“Nathaniel Branden’s Oedipus Complex”—invites controversy. Although Branden was a psychologist, or perhaps because he was one, Brown’s invocation of Freud seems both fitting and surprising. Freud, like Branden and Rand, was educated in philosophy. But Freud’s oedipal theories remain divisive and contested, not to mention opposed by both Branden and Rand. At least since Richard Webster’s publication of Why Freud Was Wrong in 1995, and probably much earlier, consensus among psychologists has held that Freud’s theories, many of them anyway, have been discredited. Yet Brown gives them full and unequivocal expression in her treatment of Branden.

Having left behind the phallic stage, transfixed by an unconscious castration anxiety, aroused by his loving mother and threatened by her loyal closeness to his father, the sexualized developing male child, in Freud’s paradigm, represses his feelings towards his mother or transfers them onto another female, one who is more appropriate for pursuit. When he reaches puberty, his excited feelings for his mother are reanimated; if left unresolved, they can cause eventual adult neurosis, the fading memory of the unattainable, ideal young mother serving as the inescapable fixation that blurs perceptions of reality. The thematic suggestions of this Freudian scheme characterize Brown’s curious approach to Branden.    

That Branden would describe his mother affectionately in his memoir should come as no surprise. Absent any evidence of abuse or neglect, most adult males probably have articulated love for, and devotion to, their mothers. Whether these feelings amount to oedipal sexual attraction in the Freudian sense is open to debate. Branden was a psychologist and so wrote with a vocabulary specific to his discipline. “One consequence of my repression,” he said, “was that sometimes I failed to see that girls I liked returned my feelings.” Brown picks up on the word “repression,” hypothesizing about Branden’s “unresolved feelings about his mother” that implicated “his feelings toward his father.” Either Brown is on to something, or she overreads and overstates what was merely the retelling of an ordinary adolescent incident with no symbolic significance. The value of Brown’s analysis on this score is only as valuable as Freud’s theories are credible.  

Branden moved out of his parents’ house when he graduated high school, as is customary for young adults of that age. Brown sees in this natural transition the carnal workings of an oedipal force that explains, in part, his budding relationship with Barbara Weidman, who became his first wife. Brown claims that, through Barbara, Branden “insinuat[ed] himself into a surrogate family and, out of that, tr[ied] to construct an ideal family within which he could at last resolve his Oedipal complex.” It so happened that Branden read The Fountainhead during this time of alleged psycho-sexual fantasy and stimulation, and Brown attributes his interest in the novel, not to his own agency, will, intelligence, or curiosity, but to instinctual sexual fixations that were mostly out of his control and subject to random events and chance relationships, such as the one with Rand and her husband, Frank O’Connor.

Brown’s theorizing about Branden’s “genital stage” (a Freudian term she avoids) raises compelling questions: were Rand and O’Connor—who were around the age of Branden’s parents—surrogates for Branden’s natal family on whom he could project his sexual energies? Did Branden’s relationship with Barbara reenact the power plays between his own father and mother? Did Branden attempt to push away O’Connor as a male child in the phallic stage struggles through his rivalry with his father? Was Rand’s dedication of Atlas Shrugged to both Branden and O’Connor a signal that Branden had achieved sexual equality with Rand while supplanting O’Connor as Rand’s romantic interest?  

Brown suggests that, through his affair with Rand, “Branden had effectively slept with his ‘mother’ and vanquished his ‘father.’” These and other stimulating conclusions demonstrate how Brown provides a unique and intriguing perspective even if her psychological hypotheses are ultimately untestable and thus unprovable. Rand’s admirers may take issue with Brown’s portrayal of Rand as increasingly needy and dependent on Branden’s affections as he grew apart from her. They may not like the effort to superimpose Freudian paradigms on complicated human experiences from long ago. But they cannot deny the magnetism of Brown’s analysis.

Session Eight: Richard Bulliet on the History of the World

In Arts & Letters, Eastern Civilizaton, Historicism, History, Humanities, liberal arts, Philosophy, Western Civilization on June 14, 2017 at 6:45 am

Here, in the eighth lecture of his course, The History of the World, Richard Bulliet discusses Greece and Iran (1000-30 B.C.E./ India, 1500 B.C.E.-550 C.E. Part I).

What Is the Rule of Law, Anyway?

In America, Civics, Economics, History, Humanities, Jurisprudence, Law, Libertarianism, Philosophy, Western Civilization, Western Philosophy on June 7, 2017 at 6:45 am

This piece originally appeared here in The Intercollegiate Review.

“Donald Trump Could Threaten U.S. Rule of Law, Scholars Say.” So declared an ominous headline in the New York Times roughly one year ago. MSNBC likewise ran a suggestive interview in January entitled, “Will the ‘rule of law’ survive under Trump?”

Such alarming commentary presupposes the existence of the rule of law in the United States and appears designed to portray Donald Trump as a threat to that rule. In March, however, Reason republished and retitled a curious piece that first appeared in The Week: “The Immoral ‘Rule of Law’ Behind Trump’s Deportation Regime.” The implication of this revised title (the original read, “How today’s pro-immigrant activists are adopting the tactics of abolitionists”) is that Trump is staunchly committed, rather than antagonistic, to the rule of law.

So which is it? Does Trump jeopardize or safeguard the rule of law?

The answer, if we assume the rule of law is in full force and effect in the United States, is probably situational: In some cases, Trump undermines the rule of law, while in others he reinforces it. But to know for sure, and to appreciate the difference, one must first understand what the rule of law is.

The rule of law encompasses multiple legal principles, chief among them is that the rules that govern society apply equally to all individuals within the prescribed jurisdiction. No person, not even the king or the president, is above the law. Law, not the arbitrary commands or categorical dictates of human rulers, is supreme.

Thus, the opposite of the “rule of law” is the “rule of man,” or the idea that the formal, discretionary imperatives of a powerful sovereign necessarily bind his subjects and subordinates.

The rule of law is a philosophical concept and a liberal ideal that gained ascendency during the Enlightenment (think Locke and Montesquieu) but that can be traced to antiquity (think Aristotle). The British jurist Albert Venn Dicey listed as its prime characteristics:

  1. “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power”;
  2. “equality before the law, or the equal subjection of all classes to the ordinary law of the land administered by the ordinary Law Courts”; and
  3. “a formula for expressing the fact that with us the law of the constitution, the rules which in foreign countries naturally form part of a constitutional code, are not the source but the consequence of the rights of individuals, as defined and enforced by the Courts.”

These suggest that the rule of law is a bottom-up rather than a top-down system of governmental ordering based on already enunciated and widely accepted precepts. The operative rules that regulate the normative order of human activity in a free society under the law are rooted in custom and tradition. A ruler or judge is, in such a happy jurisdiction, responsive to the controlling principles that are antecedent to his or her political election, appointment, or empowerment.

F. A. Hayek identified the rule of law as a defining attribute of the common-law system, which, in his view, stood in contradistinction to the civil-law system that instituted vast codes and complex administrative agencies to superintend the unvigilant populace. Legislatures, of course, are accountable to the people through elections; thus, their enactments must reflect extant social practices and beliefs to satisfy voters. Administrative agencies, with their extensive rulemaking powers, are not so accountable. They are by design removed from legislative procedures and thus isolated from voters.

Hayek saw the common law as a decentralized form of social organization, and civil law as centralized planning and design. The rule of law, he thought, inhered in the former system but not in the latter. “The possession of even the most perfectly drawn-up legal code does not, of course, insure that certainty which the rule of law demands,” he warned, “and it therefore provides no substitute for a deeply rooted tradition,” which the common law embodied.

The rule of law encapsulates other seminal concepts as well: the predictability, consistency, reliability, neutrality, and clarity of working rules, for instance. These, however, are in some way derived from the principal teaching that, in Hayek’s words, “all rules apply equally to all, including those who govern.” By any appreciable standard, the United States has not lived up to this high ideal in light of the growth of sovereign immunity and qualified immunity for government officials, the disparate treatment of individuals based on their political power and connections, and, among others, the rapid rise of the administrative state.

Lately the rule of law has become associated with a law-and-order mentality that emphasizes punishment, severity, and rigidity as touchstones of the legal system. The rule of law, on this view, is the instantiation of brute force or the execution of raw power, or perhaps an ideological construct meant to condition the populace into servile submission to government authority.

This understanding of the rule of law has some merit: John Hasnas’s article “The Myth of the Rule of Law” explains how rule-of-law rhetoric indoctrinates people into casual acceptance of the harmful government monopoly on the institutions of law. He decries the gradual acquiescence of ordinary people to, in his words, “the steady erosion of their fundamental freedoms” in the name of the rule of law.

But the rule of law as an ideal, rather than a felt reality, aims to preserve rather than imperil fundamental freedoms. Perhaps there are those with ulterior motives who champion the rule of law to achieve concealed goals; perhaps government in its current form cannot actualize rule-of-law ideals. When rule-of-law discourse does serve the repressive function that Hasnas describes, it is unduly coercive and abusive. In its proper form, and as it was originally understood, however, the rule of law aspired to restrain government power.

In the minds of yesteryear patriots like Thomas Paine, the United States epitomized the rule of law. He averred that “in America the law is king,” whereas “in absolute governments the king is law.” He said, as well, that “in free countries the law ought to be king; and there ought to be no other.”

If the law is no longer king in America, it’s not because of Trump. That he enjoys immense and immeasurable power is evidence of the extent of the decline of the rule of law in this country.

Having flouted and subverted the rule of law for decades, the radical elements of the progressive left in the United States now face the inevitable consequence of their concerted activity—namely, that their coercive methods and institutions may be turned against them, and the authoritarian structures they created may service policies at odds with their own.

We can all learn a lesson from this revealing irony.

Session Seven: Richard Bulliet on the History of the World

In Arts & Letters, Eastern Civilizaton, Historicism, History, Humanities, Pedagogy, Teaching, The Academy, Western Civilization on May 31, 2017 at 6:45 am

Here, in the seventh lecture of his course, The History of the World, Richard Bulliet discusses The Mediterranean and the Middle East (2000-500 B.C.E. Part II).

The Circuitous Path of Papa and Ezra

In Arts & Letters, Essays, History, Humanities, liberal arts, Literary Theory & Criticism, Literature, Modernism, Politics, Western Civilization, Writing on May 24, 2017 at 6:45 am

This review originally appeared here in The American Conservative.

Ernest Hemingway, fresh off his marriage to Hadley Richardson, his first wife, arrived in Paris in 1921. Paris was a playground for writers and artists, offering respite from the radical politics spreading across Europe. Sherwood Anderson supplied Hemingway with a letter of introduction to Ezra Pound. The two litterateurs met at Sylvia Beach’s bookshop and struck up a friendship that would shape the world of letters.

They frolicked the streets of Paris as bohemians, joined by rambunctious and disillusioned painters, aesthetes, druggies, and drinkers. They smoked opium, inhabited salons, and delighted in casual soirées, fine champagnes, expensive caviars, and robust conversations about art, literature, and the avant-garde. Pound was, through 1923, exuberant, having fallen for Olga Rudge, his soon-to-be mistress, a young concert violinist with firm breasts, shapely curves, midnight hair, and long eyebrows and eyelashes. She exuded a kind of mystical sensuality unique among eccentric highbrow musicians; Pound found her irresistible.

Pound was known for his loyalty to friends. Although he had many companions besides Hemingway—among them William Butler Yeats, James Joyce, T.S. Eliot, Marianne Moore, Robert McAlmon, Gertrude Stein, e.e. cummings, Pablo Picasso, Wyndham Lewis, T.E. Hulme, William Carlos Williams, Walter Morse Rummel, Ford Madox Ford, Jean Cocteau, and Malcolm Cowley—Hemingway arguably did more than the others to reciprocate Pound’s favors, at least during the Paris years when he promoted Pound as Pound promoted others.

Pound was aware of Hemingway’s talent for publicity: he and Hemingway had combined their genius to promote Eliot’s The Waste Land. Hemingway introduced Pound to William Bird, an American reporter who arranged to publish an autobiographical piece about Pound’s childhood. Bird was instrumental to the eventual publication of Pound’s A Draft of XVI Cantos. Pound, for his part, secured for Hemingway a position as assistant editor of The Transatlantic Review. Their relationship matured into something symbiotic and mutually beneficial.

Pound edited Hemingway’s work, stripping his prose of excessive adjectives. Hemingway remarked that Pound had taught him “to distrust adjectives as I would later learn to distrust certain people in certain situations.” Unlike, say, Conrad Aiken or Robert Frost, who resisted Pound’s editing, Hemingway acquiesced to Pound’s revisions. In exchange, Hemingway taught Pound how to box. He acknowledged that the scraggly Pound had “developed a terrific wallop” and had “come along to beat the hell wit the gloves.” Hemingway worried that “I will get careless and [Pound] will knock me for a row of latrines.” He even treated Pound to a night at the prizefights to brighten Pound’s spirits as Pound battled various illnesses.

Pound, however, grew disillusioned with Paris, where his friends were gravitating toward socialism and communism. Paris, he decided, was not good for his waning health. Hemingway himself had been in and out of Paris, settling for a short time in Toronto. In 1923, accompanied by their wives, Pound and Hemingway undertook a walking tour of Italy. The fond memories of this rejuvenating getaway inspired Pound to return to Italy with his wife Dorothy Shakespear in 1924. They relocated, in 1925, to a picturesque hotel in Rapallo, a beautiful sea town in the province of Genoa, on the bright blue Tigullio Gulf.

Pound found the weather in Rapallo to be soothing and agreeable. It was Hemingway who had first recommended this scenic spot, having visited Sir Max Beerbohm there years before. Hemingway’s tales of the sunshine, swimming, tennis, and other outdoor activity in Rapallo appealed to Pound, who fancied himself an athlete. The fact that his mistress Olga frequented Italy—where her father owned a house—made Rapallo all the more desirable, as did Dorothy’s seeming willingness to share her husband with his lover.

The friendship remained intact as Pound settled into Rapallo. About to vacate Europe for Key West, Hemingway dashed off a missive to Pound that began “Dear Duce” and then boasted about how Papa, as people had begun to call Hemingway, was “going to know everything about fucking and fighting and eating and drinking and begging and stealing and living and dying.” Gradually, though, the Pound-Papa gulf widened.

The move to Italy also effectively terminated Pound’s glory years in Paris, about which Hemingway wrote affectionately:

So far we have Pound the major poet devoting, say, one fifth of his time to poetry. With the rest of his time he tries to advance the fortunes, both material and artistic, of his friends. He defends them when they are attacked, he gets them into magazines and out of jail. He loans them money. He sells their pictures. He arranges concerts for them. He writes articles about them. He introduces them to wealthy women. He gets publishers to take their books. He sits up all night with them when they claim to be dying and he witnesses their wills. He advances them hospital expenses and persuades them from suicide. And in the end a few of them refrain from knifing him at the first opportunity.

This last line is both teasing and fitting because there was, in fact, at least one assailant in Paris who didn’t refrain: a man who attempted to stab Pound at a dinner party hosted by the surrealists.

Hemingway guessed that Pound might stay in Italy “sometime” even if he took “no interest in Italian politics.” Hemingway was right about Pound’s love for Rapallo but wrong about his political affinities. More than anything else, Italian politics—and the rise of fascism—damaged Hemingway’s regard for Pound, who became a zealous supporter of Mussolini and a reckless trafficker in conspiracy theories.

Hemingway grumbled that if Pound “actually and honest to God … admire[d] and respect[ed] … [Mussolini] and his works [then] all I can say is SHIT.” Hemingway, true to character, remained manfully playful, stating, “I will take practical steps by denouncing you here in Paris as a dangerous anti-fascist and we can amuse one another by counting the hours before you get beaten up in spite of your probity—which in such a fine country as it must be would undoubtedly save you.” Such slight criticisms may have been colored with a lighthearted tone, but the disapproval was plain.

When Hemingway and Guy Hickock visited Pound in northern Italy in 1927, Pound was living in self-imposed exile. Hemingway had recently converted to Catholicism and was enjoying renewed fame after the publication of The Sun Also Rises. He divorced and remarried that year, offering Hadley a portion of the profit from The Sun Also Rises as part of their divorce. Pound, meanwhile, was immersing himself in political theories that likely baffled Hemingway as much as they angered him.

Shortly after the stock-market crash in 1929 and the onset of a worldwide economic crisis, Pound took to writing in Italian. Mussolini’s March on Rome had occurred seven years earlier, and since then he had assumed dictatorial control of Italy, suppressed opposition parties, and built a police state. Pound was enthralled. He met Mussolini in 1933, peddling strange monetary schemes to the fascist leader.

In 1933 Pound and Hemingway exchanged letters that highlighted their diverging attitudes toward Mussolini, fascism, and government. Pound, who’d embraced wild and polemical speculations about the economic theories of the American Founders—Jefferson in particular—began to decry capitalism and taxation while celebrating fiat currency and a convoluted system of state central planning. “Since when are you an economist, pal?” Hemingway mocked. “The last I knew you you were a fuckin’ bassoon player.” Hemingway offered Pound some money, sensing that money was needed, but Pound declined it.

Pound was now enamored with Il Duce; Hemingway was furious. Hemingway hated government, he told Pound, and preferred organized anarchism and masculine sport to statist ideology. Hemingway saw through Pound’s charlatanic flourishes and economic fallacies and accused Pound, quite rightly, of lacking clarity. Yet Pound’s admiration for Hemingway’s work did not diminish, and Pound, ever devoted, included Hemingway in an anthology that he was then editing.

Possibly the last time Pound and Hemingway saw each other, they were having dinner with Joyce on a warm summer night in Paris. Pound allegedly bloviated about economics and the decline of art and European civilization, and Hemingway and Joyce feared that Pound had gone mad. The date and details of the dinner are a matter of debate, as is the veracity of any account of that evening. But one thing is certain: Hemingway was frustrated with Pound’s embrace of Italian fascism. By the time Pound voiced support for Franco in the Spanish Civil War, putting him once again at odds with Hemingway, their once thriving friendship had deteriorated beyond repair.

The falling out was no secret, and other writers took sides. William Carlos Williams wrote to Pound in 1938, saying, “It is you, not Hemingway, in this case who is playing directly into the hands of the International Bankers.” Hemingway conveyed his concerns about Pound to their friend Archibald MacLeish:

Thanks for sending the stats of Ezra’s rantings. He is obviously crazy. I think you might prove he was crazy as far back as the latter Cantos. He deserves punishment and disgrace but what he really deserves most is ridicule. He should not be hanged and he should not be made a martyr of. He has a long history of generosity and unselfish aid to other artists and he is one of the greatest living poets. It is impossible to believe that anyone in his right mind could utter the vile, absolutely idiotic drivel he has broadcast. His friends who knew him and who watched the warpeing [sic] and twisting and decay of his mind and his judgement [sic] should defend him and explain him on that basis. It will be a completely unpopular but an absolutely necessary thing to do. I have had no correspondence with him for ten years and the last time I saw him was in 1933 when Joyce asked me to come to make it easier haveing [sic] Ezra at his house. Ezra was moderately whacky then. The broadcasts are absolutely balmy. I wish we could talk the whole damned thing over. But you can count on me for anything an honest man should do.

Hemingway was referring to Pound’s notoriety as a propagandist for radio and newspaper during the Second World War.  When he received transcripts of Pound’s radio broadcasts, he surmised that Pound was “obviously crazy” for espousing such “vile, absolutely idiotic drivel.” Pound was a “crazy … and harmless traitor,” Hemingway concluded, and an “idiot” with a “distracted mind” who “ought to go to the loony bin.” And that’s precisely where Pound ended up: He was admitted to St. Elizabeth’s Hospital in Washington, DC, in 1945.

Pound’s friends put their reputations at stake to help him. MacLeish, expressing both love and admonition, dashed off these words in a missive to Pound:

… your information is all second-hand and distorted. You saw nothing with your own eyes. And what you did see—Fascism and Nazism—you didn’t understand: you thought Musso belonged in Jefferson’s tradition and God knows where you thought Hitler belonged. I think your views of the history of our time are just about as wrong as views can be. But I won’t sit by and see you held in confinement because of your views. Which is what is really happening now. I am doing what I am doing partly because I revere you as a poet and partly because I love this Republic and can’t be quiet when it violates its own convictions.

MacLeish helped to orchestrate Pound’s release from St. Elizabeth’s, drafting a letter to the government on Pound’s behalf that included Hemingway’s signature, along with those of Robert Frost and T.S. Eliot. A year later Hemingway provided a statement of support for Pound to be used in a court hearing regarding the dismissal of an indictment against Pound.

Hemingway, who was now living in Cuba, did little else to help Pound. More for practical reasons than personal conviction, Hemingway, who was himself targeted by the American government, refused to sign a petition of amnesty for Pound. The petition had been Olga’s idea, and Hemingway didn’t believe the American people would rally behind the desperate pleas of an adulterous lover. Hemingway never visited Pound at St. Elizabeth’s, but he did tell Pound, via Dorothy, that he had read and enjoyed The Pisan Cantos. And when he won the Nobel Prize in 1954, Hemingway announced that the year was good for releasing poets, a not-so-slight reference to his old friend.

Hemingway awoke on the morning of July 2, 1961, put a 12-gauge, double-barreled shotgun to his head, and, alone in the foyer of his home, blew his brains out. He was 61. Pound’s friends and family didn’t tell him about Hemingway’s death, but a careless nurse did, and Pound reacted hysterically. The older of the two, Pound, at 72, was free from St. Elizabeth’s, where he’d spent 12 solemn years. He had returned to his beloved Italy to finish out his long and full life. In the autumn of 1972, he died peacefully in his sleep in Venice, the day after his birthday, which he’d spent in the company of friends.

Session Six: Richard Bulliet on the History of the World

In Academia, Arts & Letters, Eastern Civilizaton, Historicism, History, Humanities, liberal arts, Pedagogy, Philosophy, Western Civilization on May 17, 2017 at 6:45 am

Here, in the fifth lecture of his course, The History of the World, Richard Bulliet discusses The Mediterranean and the Middle East (2000-500 B.C.E. Part I).

Session Five: Richard Bulliet on the History of the World

In Arts & Letters, Eastern Civilizaton, Historicism, History, Humanities, liberal arts, Pedagogy, Western Civilization on May 3, 2017 at 6:45 am

Here, in the fifth lecture of his course, The History of the World, Richard Bulliet discusses New Civilizations in the Eastern and Western Hemispheres (2200-250 B.C.E. Part II).

Civics Education and the Blackstone & Burke Center for Law & Liberty

In Academia, Civics, Conservatism, Humanities, Law, Law School, Legal Education & Pedagogy, liberal arts, Libertarianism, News and Current Events, Pedagogy, Philosophy, Politics, Scholarship, Teaching, The Academy, Western Civilization, Western Philosophy on April 26, 2017 at 10:49 am

A version of this piece will appear in Faulkner Magazine. 

Our country has suffered a decline in civic literacy.  From 2006 until 2011, the Intercollegiate Studies Institute (ISI) conducted annual studies that evaluated the civic literacy of students and citizens.

The results were discouraging. Most Americans were unable to pass a basic test consisting of straightforward, multiple-choice questions about American heritage, government, and law. One of the ISI studies suggested that students knew more about civics before they began college than they did after they graduated college.

It’s not just students and ordinary citizens displaying civic ignorance. Our political leaders have demonstrated that they lack the understanding of law and government befitting their high office.

Judge Arenda Wright Allen of the U.S. District Court for the Eastern District of Virginia recently began an opinion by stating that the Constitution declared that “‘all men’ are created equal.” This line appears in the Declaration of Independence, not the Constitution.

Senator Chuck Schumer told CNN that the three branches of government were the House, the Senate, and the President. He not only failed to mention the judicial branch, but also treated the bicameral legislature in which he serves as if it were bifurcated into separate branches of government.

Congressman Sheila Jackson Lee, while criticizing the alleged unconstitutionality of proposed legislation, claimed that the Constitution was 400 years old.

These anecdotes suffice to show the extent to which Americans no longer respect their founding principles or the framework of government established in our Constitution.

That is why the Blackstone & Burke Center for Law & Liberty was founded at Thomas Goode Jones School of Law. We seek to promote the principles of the common-law tradition and American constitutionalism so that the next generation of civic leaders will make informed, thoughtful decisions about the future of our country.

Ordered liberty in the United States has rested on a commitment to religious faith and pluralism, fidelity to the rule of law, and ancient liberties grounded in the conviction that all humans are created equal and endowed by their Creator with certain inalienable rights. These values characterize the American experiment. Our society is built upon them, and its continued vitality depends upon maintaining and promoting our commitment to them.

Therefore, the Blackstone & Burke Center will educate students, teachers, judges, and political leaders in the areas of religious freedom, freedom of association, freedom of speech, and economic freedom. We will coordinate educational programs, research initiatives, and judicial conferences that examine the norms and nurture the institutions of ordered liberty.

We believe that the principles and ideas of the American Founding are worth conserving and celebrating. Our vision is to help renew an America where freedom, opportunity, prosperity, and civil society flourish.

The Blackstone & Burke Center has recruited of board of advisers consisting of internationally recognized thought-leaders such as Judge Andrew Napolitano, Senior Legal Analyst for Fox News; Dr. Robert P. George, McCormick Chair in Jurisprudence at Princeton University; Dr. James R. Stoner, Hermann Moyse Jr. Professor and Director of the Eric Voegelin Institute for American Renaissance Studies at Louisiana State University; Professor F. H. Buckley, George Mason University Foundation Professor at Antonin Scalia Law School; Dr. Don Devine, former Director of the U.S. Office of Personnel Management in the Reagan Administration and Senior Scholar at the Fund for American Studies; Dr. Ingrid Gregg, past president of the Earhart Foundation; and Dr. Daniel Mark, Vice Chairman of the U.S. Commission on International Religious Freedom and Professor at Villanova University.

In our first few months of operation, we organized and hosted a reception featuring a Library of Congress traveling Magna Cart exhibit, which was displayed in the rotunda of the Alabama Supreme Court for three weeks.  Judges, business and university leaders, lawyers, students, teachers, and the general public attended the reception to commemorate and learn about Magna Carta, and Acting Chief Justice Lyn Stuart of the Alabama Supreme Court and Judge William “Bill” Pryor of the Eleventh Circuit Court of Appeals delivered remarks about Magna Carta.

The Blackstone & Burke Center received a grant from Liberty Fund, Inc., to gift the entire Liberty Fund book and media catalog to the law library, as well as a grant from the Association for the Study of Free Institutions to bring a prominent speaker to our campus next fall.

The Blackstone & Burke Center also established a formal affiliation with Atlas Network and, through Atlas Network, partnerships with such organizations as the Acton Institute, American Enterprise Institute, American Legislative Exchange Council, Becket Fund for Religious Liberty, Cato Institute, Center for Competitive Politics, Claremont Institute, the Federalist Society, the Foundation for Economic Education, the Foundation for Individual Rights in Education, Freedom Foundation, the Goldwater Institute, the Heritage Foundation, the Hoover Institution, the Hudson Institute, the Independent Institute, Institute for Justice, Intercollegiate Studies Institute, the Law & Economics Center at George Mason University, Liberty Fund, Mackinac Center for Public Policy, Mont Pelerin Society, National Review Institute, Pacific Legal Foundation, the Philadelphia Society, the Pope Center for Higher Education Policy, Reason Foundation, State Policy Network, Students for Liberty, the Fund for American Studies, Young Americans for Liberty, and more.

Finally, the Blackstone & Burke Center received a grant from the Charles Koch Foundation under the auspices of the Philadelphia Society to direct a professional development conference on academic freedom at a meeting of the Philadelphia Society in Pennsylvania. Attendees included graduate students and university administrators from across the country who shared an abiding interest in the meaning, purpose, and characteristics of intellectual exchange in university settings.

We at the Blackstone & Burke Center look forward to a promising future as we inspire and educate new leaders in the principles and foundations of ordered liberty. To learn more about the Blackstone & Burke Center, visit our website at www.blackstone&burke.com.

Session Four: Richard Bulliet on the History of the World

In Academia, Arts & Letters, Eastern Civilizaton, Historicism, History, Humanities, liberal arts, Pedagogy, Religion, Teaching on April 19, 2017 at 6:45 am
Here, in the fourth lecture of his course, The History of the World, Richard Bulliet discusses New Civilizations in the Eastern and Western Hemispheres (2200-250 B.C.E. Part I).

Book Review: “Historic Alabama Courthouses,” by Delos Hughes

In American History, Arts & Letters, Book Reviews, Books, History, Humanities, Law, Southern History on April 12, 2017 at 6:45 am

Julia Jordan Weller, a native of Montgomery, Alabama, attended Hollins University and obtained her undergraduate degree from the University of Alabama in 1985. She obtained her Juris Doctorate from Cumberland School of Law in 1988. Since that time, she has served as a law clerk to the Honorable Joel F. Dubina on both the United States District Court and the United States Eleventh Circuit Court of Appeals. Mrs. Weller practiced law with firms in both Montgomery and Birmingham where, in addition to handling litigation throughout the State, she also served as an Administrative Law Judge for the State Health Planning and Development Agency. In 1998, Mrs. Weller became an Assistant United States Attorney, eventually becoming the First Assistant United States Attorney (Chief of Staff) in the Middle District of Alabama. She later worked as the Chief Administrative Law Judge for the State Personnel Board and thereafter as the Chief Administrative Law Judge for the Office of Attorney General. She became the Clerk of the Supreme Court of Alabama on July 16, 2013. Mrs. Weller is married to Christopher W. Weller, Sr., a shareholder with the law firm of Capell and Howard in Montgomery, Alabama. The Wellers have two children, Christopher Weller, Jr. and Florence Weller, and attend St. Peter Catholic Church.

If the walls of courthouses could talk, they would whisper the experiences of those who worked, litigated, and governed over the last 150 years or more.  Some courtrooms have evolved from open air forums, such as those held in Wedowee until 1836, to some of the grand domed buildings that seem to radiate the authority of the court.

Author Delos Hughes escorts the reader through a journey stopping in each Alabama County, beginning from the outset of Alabama’s judicial history.  Hughes explores Alabama’s earliest architectural expressions of justice, ranging from log cabins to Neoclassical Revival.  He notes that courthouses often reflect through their architecture a sense of presence and the ideals of the communities which built them. These elements not only demonstrate the artistic preferences of the county, but also tell stories about the county’s politics, economies, class structures, and ethnic backgrounds.

Hughes writes, for instance, that the courthouse built in Baldwin County in Daphne, Alabama, and designed by the famous architects Frank Lockwood and Benjamin Bosworth Smith, “conveyed permanence, stability, seriousness—just the message that Bay Minette wanted to convey.”  Of the Bibb County 1902 Courthouse, Hughes states, “the building conveys an impression for ecclesiastical rather than governmental or administrative or political.”

Interestingly, in Centre, Alabama, in Cherokee County, fire consumed two courthouses: one in 1882 and, later, the successor that was built in 1895.  Thus, “befitting a facility so prone to burning, the commanding architectural feature” of the 1896 Cherokee County Courthouse included a bell tower to alert citizens of any further fire dangers.

A photograph of the Wilcox County Courthouse of 1859 depicts a grand Greek Revival building with fluted Doric columns and exterior iron stairs to the second floor courtroom.  In contrast, a simple white board fence surrounds the majestic building, apparently for the practical purpose of keeping the livestock, which roamed freely through the streets, from wandering into the courthouse.  The image creates an ironic contrast between the community ideals and perceptions against the backdrop of the county’s practical economic realities.

With witty dialogue and interesting insight, this collection of history and photographs is a must for any individual involved in litigation throughout this great state.  Having handled litigation in nearly every county, I can say what a treasure this book would have been in my earlier years of law practice.

Hughes’s book provides a new set of viewing glasses to observe the personality and expressions fused into Alabama’s earliest judicial architecture.  These historical backdrops shed both a serious and whimsical light on the buildings, some of which still exist, as well as on the tales of Alabamians—their roots, experiences and growth. Historic Alabama Courthouses is a delightful necessity for any Alabama lawyer and a guilty pleasure for lovers of the courtroom.

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