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Was Oliver Wendell Holmes Jr. a Conservative?

In American History, Arts & Letters, Conservatism, History, Humanities, Judicial Restraint, Jurisprudence, Law, Oliver Wendell Holmes Jr., Philosophy, Politics, Pragmatism on November 4, 2015 at 8:45 am

Allen 2

Oliver Wendell Holmes Jr. can seem politically enigmatic in part because he was a jurist, not a legislator. He was no conservative, but he was no progressive, either. Misconstruing and mislabeling him only leads to the confusion and discrediting of certain views that conservatives and libertarians alike seriously ought to consider. One must not mistakenly assume that because Lochner-era Fourteenth Amendment due process jurisprudence favored business interests, Holmes stood against business interests when he rejected New York’s Fourteenth Amendment due process defense. (I have avoided the anachronistic term “substantive due process,” which gained currency decades after Lochner.)

Holmes resisted sprawling interpretations of words and principles—even if his hermeneutics brought about consequences he did not like—and he was open about his willingness to decide cases against his own interests. As he wrote to his cousin John T. Morse, “It has given me great pleasure to sustain the Constitutionality of laws that I believe to be as bad as possible, because I thereby helped to mark the difference between what I would forbid and what the Constitution permits.”

All labels for Holmes miss the mark. Holmes defies categorization, which can be a lazy way of affixing a name to something in order to avoid considering the complexity and nuances, and even contradictions, inherent in that something. “Only the shallow,” said Justice Felix Frankfurter, “would attempt to put Mr. Justice Holmes in the shallow pigeonholes of classification.”

Holmes was not conservative but more like a pragmatist in the judicial sense. His position on judging is analogous to William James’s suggestion that a person is entitled to believe what he wants so long as the practice of his religious belief is verifiable in experience and does not infringe upon the opportunity of others to exercise their own legitimate religious practices. James exposited the idea of a “pluralistic world,” which he envisioned to be, in his words, “more like a federal republic than like an empire or a kingdom.” Holmes likewise contemplated the notion of a federal republic in his majority opinions and dissents.

The above text is adapted from an excerpt of my essay “Justice Holmes and Conservatism,” published in The Texas Review of Law & Politics, Vol. 17 (2013). To view the full essay, you may download it here at SSRN or visit the website of The Texas Review of Law & Politics.

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Allen Mendenhall Interviews Joyce Corrington

In American History, American Literature, Arts & Letters, Books, Creative Writing, Fiction, Film, History, Humanities, John William Corrington, Joyce Corrington, Literature, Novels, Screenwriting, Southern History, Southern Literature, Television, Television Writing, Writing on October 28, 2015 at 8:45 am
Photo by Robert Corrington

Photo by Robert Corrington

APM: Joyce, thanks for doing this interview. The last time we did one of these, I suggested that we might do another one day. I’m glad that day is here. I guess if there’s a particular occasion for the interview, it’s that you and your son Robert have recently finished your project of making the literary works of your late husband, John William “Bill” Corrington, available to the public. How did you do that?

JC: Bill began his literary career as a poet in the 1960s, publishing in the “little magazines” that were prevalent at that time and also publishing five collections of his poems. Then he largely switched to fiction and published pieces of short fiction in literary magazines and in three collections, which were themselves collected into a publication by the University of Missouri Press after Bill’s untimely death.  Finally he published four novels, the last of which, Shad Sentell, was published in 1984.  Since almost thirty years have passed since then, all of Bill’s works were out of print and available to the public only as rather expensive used books.  Our son Robert, who works for Microsoft and is very informed about IT matters, told me that Amazon and its subsidiary Create Space would accept digital manuscripts and publish them at no charge as eBooks or print on demand books that would be offered to the public on the Amazon.com/books website.  So we began a many years long project to make all of Bill’s literary work again available to the public in inexpensive editions.  The “many years” was due to the fact that we had no digital manuscripts.  I had to retype the poems, short stories and novels on my computer and then Robert edited the digital files and created original covers for the books in Photoshop.  Finally, with the recent publication of Shad Sentell, we are done!

APM: Having recently reread the entirety of Bill’s published works, what is your overall impression?

JC: It was interesting to read a lifetime of work in a relatively short period of time. I found that a sense of history permeates Bill’s work. Even many of his poems have historical themes and his first novel, And Wait for the Night, was concerned with the consequences of the Civil War, as were many of his short stories.  Also infusing the work is a strong sense of morality and religion.  This might surprise someone who casually reads The Upper Hand, which is about a priest who loses his faith and descends into the “hell” of the French Quarter.  Much of it seems sacrilegious and offensive to a person of religious sensibilities, but the first words of the novel are “God Almighty…” and the last are “the living the dead,” both phrases which appear in the Apostle’s Creed.  Bill’s novella The Rise’s Wife resulted from a deep study of Hinduism.  Of course, as many have noted, Bill’s taking a J.D. midway in his life resulted in many lawyers and judges becoming characters in his fiction.  This allowed Bill to explore the logos of a moral life.  Finally, and almost in contrast to all these other serious themes, Bill displayed an ironic and even black sense of humor in many of his poems, such as “Prayers for a Mass in the Vernacular,” in his short story “The Great Pumpkin,” and especially in his novel The Upper Hand.

APM: You’ve said that Shad Sentell is your favorite of Bill’s books. Why is that? 

JC: Mostly because the humor in Shad Sentell is farcical and not black.  It is a really fun read, if you are not prudish.  Shad, who is a “redneck” Don Giovanni, is likely one of the most carnal characters in literature and this, thirty years ago, was perhaps shocking to many readers.  I hope that today readers can see that this novel is (excuse my partiality) a work of genius that records for all time the character and language of the Southern redneck.  Bill shows he has a surprising depth of intelligence and sensibility that one would not suspect from his bluff and crass surface.

APM: Do you remember the circumstances under which Bill authored the book? In other words, do you have any memories of him writing it?

JC: Bill had been disappointed that his first three “serious” novels had received little critical acclaim.  He decided to write one aimed at what he thought was more to the taste of the general public.  In this I think he was far ahead of his time, but I hope Shad Sentell will eventually find its audience.

APM: I once read something that Lloyd Halliburton wrote about how you critiqued parts of Shad Sentell and caused Bill to rethink some passages. I can’t recall the details. Do you know what I’m referring to?

JC: I always acted as Bill’s sounding board and editor as he was writing a novel. We would sit over coffee in the morning or maybe a gin a tonic in the afternoon and discuss his ideas on what was to come next.  I thought he got carried away with the farcical fun of the Mardi Gras scenes and, when his agent agreed with me, he let me cut much of that material from the manuscript.  But likely the biggest change I suggested was the ending.  Bill’s first idea was to have Shad die in the climactic oil well explosion, but I told him I thought that was a wrong decision.  Despite his seeing Shad as a modern day Don Giovanni, Shad Sentell was a comedy, not a tragedy, and the hero survives in a comedy.  Bill went along with my suggestion.

APM: Where did the character Shad Sentell come from? Was he based on any one person?

JC: Bill had a very good friend, Sam Lachle, who shared many of Shad’s characteristics. During high school and college Bill played trumpet with local bands in the bars of Bossier City.  He had a very smart mouth and it would likely have gotten him into more trouble than it did if he had not hung out with two very large friends, Sam and Don Radcliff, who protected him.  Sam died of a stroke at an early age and Shad Sentell, which is dedicated to him, is to some degree a loving memorial.

APM: I assume the newly released version of the book that you and Robert have put together will be available on Amazon, right? What about your website?  Can readers find and purchase it there?

JC: My son Robert not only formatted the books but created a website, www.jcorrington.com, which lists all the books that are available on Amazon. There are also biographies and a menu of critical works.

APM: This changes the subject a bit, but you once mentioned, I think when I was visiting you in New Orleans a few years ago, that there was a graduate student writing a dissertation on Battle for the Planet of the Apes and that he was trying to read into the screenplay something that wasn’t there. Does this ring a bell? Am I remembering this correctly?

JC: Bill and I wrote six films, one of which was the last in the original Planet of the Apes series. Bill never took film writing seriously, which was probably for the best since as writers we never had any control over what was done with our scripts after turning them over to the producer who hired us to write them.  We were actually quite dismayed when the film Battle for the Planet of the Apes was released to find some elements had been dropped and others added (a crying statue, for heaven’s sake), but we wrote it off as “just an entertainment.”  Imagine my surprise when years later I received a phone call from a young man who was doing his Ph.D. dissertation on the Planet of the Apes series!  He asked for an interview which I was happy to grant.  I soon discovered that his thesis was that the films were really about racism in America in the 1960s.  I told him that I would not try to speak for the other films, but ours was actually a Cain and Abel story (the apes had previously been presented as innocent pacifists compared to warmongering humans and our story was of the first ape killing another ape).  The graduate student chose to ignore this and stick to his thesis.  He won his Ph.D. and even later published his dissertation work.

APM: I ask in part because the latest installment of the Battle for the Planet of the Apes series came out last year. That was Dawn of the Planet of the Apes, which followed the 2011 Rise of the Planet of the Apes. What do you think about these latest films?

JC: I am afraid I did not bother to see it.

APM: Giuliana and I saw Rise of the Planet of the Apes in the theater, and we waited around after the film to see if you or Bill received any mention in the credits. I can’t remember if you did, but I’m inclined to say that you did not. Do you have any comment about that?

JC: I don’t think we did receive any credit because the Writer Guild of America would have sent me a notice to see if I wanted to dispute the credit.  They did this with the remake of our film Omega Man, which was titled I Am Legend.  I asked if there was any money involved and when the Guild said no, I replied that I did not really care what credit we received.  Subsequently a lot of friends were surprised to see a credit for us at the end of the new film and sent me emails about it.

APM: I’m now thinking these interviews should be an ongoing thing. I’d like to continue the conversation. What do you think? We could do one every now and then for the historical record.

JC: I would like that very much. I especially would like to have an opportunity to talk to you about the Collected Poems of John William Corrington and the Collected Short Fiction of John William Corrington.  These are also recently published and available on Amazon.com or through my website www.jcorrington.com.

APM: Thanks, Joyce, let’s do it again soon.

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Atticus Finch: Still a Hero?

In America, American History, American Literature, Arts & Letters, Book Reviews, Books, Fiction, History, Humanities, Literary Theory & Criticism, Literature, Scholarship, Southern Literature, The Novel, The South, Writing on October 21, 2015 at 8:45 am

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Despite blots on his character after Harper Lee’s publication of Go Set a Watchman, Atticus Finch can and probably should remain a hero, though not without qualification. He can no longer represent the impossible standard of perfection that no actual person or compelling fictional character could meet.

If it wasn’t clear before, it is now: Atticus is a flawed man who despite his depravity found the courage and wisdom to do the right thing under perilous circumstances.

Consider what Uncle Jack says to Jean Louise Finch in the final pages of Watchman: “As you grew up, when you were grown, totally unknown to yourself, you confused your father with God. You never saw him as a man with a man’s heart, and a man’s failings – I’ll grant you it may have been hard to see, he makes so few mistakes, but he makes ‘em like all of us.”

These words are aimed at adoring readers as much as at Jean Louise. They’re not just about the Atticus of To Kill a Mockingbird; they are about any Atticuses we might have known and loved in our lives: our fathers, grandfathers, teachers, coaches, and mentors. Lee may have had her own father, A. C. Lee, in mind. After all, he was, according to Lee’s biographer Charles Shields, “no saint, no prophet crying in the wilderness with regard to racial matters. In many ways, he was typical of his generation, especially about issues involving integration. Like most of his generation, he believed that the current social order, segregation, was natural and created harmony between the races.”

Yet A. C. Lee defended two black men charged with murder, just as Atticus defended Tom Robinson.

The above text is an excerpt from my essay “Children Once, Not Forever: Harper Lee’s Go Set a Watchman and Growing Up,” published in the Indiana Law Journal Supplement, Vol. 91, No. 6 (2015). To view the full essay, you may download it here at SSRN or visit the website of the Indiana Law Journal.

 

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1881: The Year Oliver Wendell Holmes Jr. Adapted Emerson to the Post-War Intellectual Climate

In American History, American Literature, Arts & Letters, Emerson, History, Humanities, Jurisprudence, Law, Literature, Oliver Wendell Holmes Jr., Philosophy, Pragmatism, Western Philosophy on October 14, 2015 at 8:45 am

Allen 2

Oliver Wendell Holmes Jr. turned forty in 1881. The publication of The Common Law that year gave him a chance to express his jurisprudence to a wide audience. This marked a turning point in his career. Over the next year, he would become a professor at Harvard Law School and then, a few months later, an associate justice of the Massachusetts Supreme Judicial Court.

The trauma of the Civil War affected his thinking and would eventually impact his jurisprudence. Leading up to the War, he had been an Emersonian idealist who associated with such abolitionists as Wendell Phillips. As a student at Harvard, he had served as Phillips’s bodyguard. He later enlisted in the infantry before joining the Twentieth Massachusetts, a regiment that lost five eighths of its men. He was wounded at the Battle of Ball’s Bluff in October of 1861, when he took a bullet to his chest; the bullet passed through his body without touching his heart or lungs. In September of 1862, he was wounded at the Battle of Antietam, a bullet having passed through his neck. In May of 1863, at Marye’s Hill, close to where the battle of Fredericksburg had taken place six months earlier, Holmes was shot and wounded a third time. This time the bullet struck him in the heel, splintered his bone, and tore his ligaments; his doctors were convinced that he would lose his leg. He did not, but he limped for the rest of his life.

He emerged from the War a different man. He was colder now, and more soberminded. “Holmes believed,” Louis Menand says, “that it was no longer possible to think the way he had as a young man before the war, that the world was more resistant than he had imagined. But he did not forget what it felt like to be a young man before the war.” And he learned that forms of resistance were necessary and natural in the constant struggle of humans to organize their societies and to discover what practices and activities ought to govern their conduct. The War, accordingly, made him both wiser and more disillusioned. In light of his disillusionment, he reflected the general attitudes of many men his age.

But not all men his age shared his penetrating intellect or his exhilarating facility with words; nor did they have his wartime experience, for most men who experienced what he had during the war did not live to tell about it. Certainly no one besides Holmes could claim to have enjoyed such intimate and privileged access to the Brahmin, Emersonian culture of New England before the War, and he more than anyone was equipped to see the continued relevance of that culture to the present. He knew there were things the War could not destroy and varieties of thought that could endure.

The above text is an excerpt from my essay “Pragmatism on the Shoulders of Emerson: Oliver Wendell Holmes Jr.’s Jurisprudence as a Synthesis of Emerson, Peirce, James, and Dewey,” published in The South Carolina Review, Vol. 48, No. 1 (2015). To view the full essay, you may download it here at SSRN or visit the website of The South Carolina Review.

 

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“A Selected Bibliography on the Political and Legal Thought of Oliver Wendell Holmes, Jr.,” by Seth Vannatta

In Academia, American History, Arts & Letters, Books, Conservatism, History, Humanities, Jurisprudence, Law, Oliver Wendell Holmes Jr., Politics, Pragmatism, Scholarship on October 7, 2015 at 8:45 am

Seth Vannatta

Seth Vannatta is an Associate Professor and Interim Department Head in the Department of Philosophy and Religious Studies at Morgan State University. He earned a PhD in Philosophy at Southern Illinois University Carbondale (2010), where he lived from 2006-2010. Before attending SIUC, Seth taught grades 5 through 12 in the History, English, and Religion Departments at Casady School. He served as head varsity volleyball coach for ten years and head varsity soccer coach for three years. He also served as chair of the history department for two years. He has a BA from Colorado College in History (1995) and a Master’s in Liberal Arts from Oklahoma City University (2002). His wife, Rachel, has a BA from Northwestern University (2006), an Master’s in Counselor Education from Southern Illinois University (2010) and is a doctoral candidate in Counselor Education at George Washington University.

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Part II

Alexander, Tom. John Dewey’s Theory of Art, Experience, and Nature The Horizons of Feeling.   Albany: State University of New York Press, 1987.

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Rorty, Richard, “Dewey and Posner on Pragmatism and Moral Progress.” 74 University of Chicago Law Review 915 (2007).

Tushnet, Mark. “The Logic of Experience: Oliver Wendell Holmes on the Supreme Court.” 63 Virginia Law Review 975 (1977).

Vetter, Jan. “The Evolution of Holmes, Holmes and Evolution.” 72 California Law Review 343  (May, 1984).

Wacks, Raymond. Philosophy of Law A Very Short Introduction. Oxford: Oxford University Press, 2006.

Wells, Catherine Pierce. “Symposium Oliver Wendell Holmes, Jr. The Judging Years: Holmes on Legal Method: The Predictive Theory of Law as an Instance of Scientific Method.” 18 S.M.U. Law Review 329 (Winter, 1994).

White, Edward G. Justice Oliver Wendell Holmes Law and the Inner Self. Oxford: Oxford University Press, 1993.

 

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Paul H. Fry on “The Social Permeability of Reader and Text”

In Arts & Letters, Books, History, Humanities, Literary Theory & Criticism, Literature, Philosophy, Rhetoric, Rhetoric & Communication, Teaching, The Academy, Western Philosophy on September 30, 2015 at 8:45 am

Below is the next installment in the lecture series on literary theory and criticism by Paul H. Fry.  The previous lectures are here, here, here, here, here, here, here, here, here, here, here, here, here, here, and here.

 

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“Raleigh and Spenser, 1580,” by F L Light

In Arts & Letters, Britain, British Literature, Creative Writing, History, Humanities, Literature, Writing on September 23, 2015 at 8:45 am

Fred Light

A Shakespearean proficiency in meter and rhetoric may to F L Light be ascribed. Nearly forty of his dramas are now available on Amazon, and twenty have been produced for Audible. His Gouldium is a series of twenty four dramas on the life and times of Jay Gould which he followed with six plays on Henry Clay Frick. The whole first book of his translation of The Iliad was published serially in Sonnetto Poesia. He has also appeared in Classical Outlook and The Raintown Review. Most of his thirty five books of couplets are on economics, such as Shakespeare Versus Keynes and Upwards to Emptiness the State Expands.

This scene (from a work in progress) occurs after the Battle of Glenmalure in County Wicklow, Ireland, where the English suffered a strong defeat. Edmund Spenser was secretary to Lord Grey, the English general at that battle. Raleigh and Spenser were later to become neighbors in Munster. Spenser had vexed Queen Elizabeth when he sought to dissuade her from marriage to the Duke of Alençon in The Shepherds’ Calendar.

Dublin Castle. Enter Sir Walter Raleigh and Edmund Spenser.

Raleigh: The Phoenix re-inflames herself to stand
Alive. Like her we can re-spring ourselves
And spread our advents forth. Re-mustered loyalty
Can be enlarged. In multiplied aggression
We may go forth erelong. They’ve not undone
Regeneration nor defeated fatherly
Revival of our cause. In myriad dominance
Amain we’ll march again and recommence
Composure in this land. Colonial neighborhoods
Of Perikles in fertilized profundity
May lettered conscientiousness assert.
This island of untutored emptiness
Oxonian literacy should accept
Or Cantabrigian dogma comprehend.
No feudal diffidence in reason nor
Despotic fairyland we Englishmen
Profess. The fairest possibilities
Of free endeavors should in husbandry
Not pall on Ireland.

Spenser: If recoveries
Refresh mortality for us, then all
Of Desmond’s Munster is dispropertied
And shall in efficacious forfeiture
To Lord Grey’s officers be meted out.

Raleigh: Incentive victory therefore may as
The greediest of attainments comfort us.
Now for the landed fortune of a lord
I’d follow my triumphant appetite
And trust emotional inclemency
For gain.

Spenser: A magnate’s animosity
For main extents you mean, in deep intent
On money.

Raleigh: Gainful joyance is no jape
For me. To my increaseful happiness,
Disposed like Croesus, I would magnify
My dirt.

Spenser: The fertile presence of your voice
In Munster would immortal lucre breed.
But the uncivilized delusions seen
Among the people there no peaceable
Facilities permit.

Raleigh: That profit is
The flow where life proceeds in grace the folk
Of Ireland will perceive. Your fluency,
In clarion inculcation, should be clear
Enough for that. Unguarded politics
Allow the Queen. You should political
Decorum to consultants in the court
Concede. On lucrative georgics, not
Upon her Majesty’s conclusiveness
In marriage, should your verses touch.

Spenser: Therefore
On spacious tilth for capital I should,
Sir Walter, songful eloquence enlarge?

Raleigh: I say proprietary sapience may
The most unsoftened pulchritude confirm
In poetry. The unmitigated tone
Of merchantry for English metre would
Be fit. Commercial intonations may
The strongest likelihood for music hold.
Singing your sagaciousness on seeds
For money, you would planters multiply
For Munster’s plenitude of various means.

Spenser: Now that convulsive wilderness consumedly
Has waned. Delinquent emptiness is left
In Munster, where abandoned decadence
Abides in death. Of starved disorder few
Survive. The naked likelihood of misery
Upon fulfilled oppression is avowed.
Now warfare to inflammable extremes,
Infesting Ireland, intervenient fire
On Desmond’s land inflicts.

Raleigh: But after war
The inflammation of vitality
We shall for savant juvenescence light
In Ireland. Verdant exploitation I’d
Advise and greenest diligence for growth.

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Scene from “A Trial of Recognition,” by F L Light

In Arts & Letters, Britain, British Literature, Creative Writing, Fiction, History, Humanities, Law, Literature, Shakespeare on September 16, 2015 at 8:45 am

Fred Light

A Shakespearean proficiency in meter and rhetoric may to F L Light be ascribed. Nearly forty of his dramas are now available on Amazon, and twenty have been produced for Audible. His Gouldium is a series of twenty four dramas on the life and times of Jay Gould which he followed with six plays on Henry Clay Frick. The whole first book of his translation of The Iliad was published serially in Sonnetto Poesia. He has also appeared in Classical Outlook and The Raintown Review. Most of his thirty five books of couplets are on economics, such as Shakespeare Versus Keynes and Upwards to Emptiness the State Expands.

The Earls of Essex and Southampton are tried together for High Treason before a jury of the noblest peers. Pleading not guilty, they strive in angry and arrant disputation with Attorney General Edward Coke and Francis Bacon. This drama is the third part of an Aeschylean trilogy and maintains the classical form of tragedy in English with seven scenes of dialogue and seven choral performances.

This trial was conducted in Westminster Hall, February 19th, 1601.

Yelverton: Now the Attorney General will speak.

Coke: My lords of courtly justice, chief pronouncers
And primest fathers of preceptive law,
Treason unsettles what is set by God.
Thrones of established exaltation it
Would overthrow. The firmest Tudor fundament
Upon immediate evanescence fades
To nothing should betrayal triumph, come
Upon premeditated compassments
Of power. Therefore to think projected thoughts
Of treason, all in violent mindfulness
For power, is death. And he that strides against
The realm, with royalty striving, must be judged
By the intent transgression of his thought.
Whoever is at arms in his array
Of might amid a kingdomed commonwealth
Founded on authentic ancestry,
Cannot be suffered by the law, perceived
As lawless as usurpers are.

Essex: But sir,
No duke would a defenseless dukedom in
This realm maintain. No helpless earldom would
An earl endure. Their settlements are set
Apart from central pertinence in Whitehall.
By vassalled mightiness they serve the main.
And undefended danger I would not
Support, assured that Lord Grey or Sir Walter Raleigh
Were raising homicides against me. Thus
I am no traitor, here a man traduced
For his defensive force.

Coke: You say, my lord,
In a protective insurrection you
Arose, forfending murder by revolt,
Who would insurgently secure yourself.
But all rebels would dissemble their revolt
Or revocation of regimes. Lord Darcy,
That traitor in the Pilgrimage of Grace,
By wrongful reprobation Thomas Cromwell
Blamed for his rebellion, that he feared
The King’s chief minister would murder him.
And like yourself Sir Thomas Wyatt to check
The Spanish from an English crown presumed
At arms his Protestant resolve, who drew
A proditory rise upon the realm.
But as a culpable defendant he
Was put to death. A guiltier prisoner
Than Wyatt you are who by her Majesty
The loftiest rooms of favor were allowed,
Made Master of the Horse at twenty two,
Admitted to the Privy Council then.
Soon as Earl Marshal of the realm you were
Preferred, and for Cadiz were given high
Command, and by her Majesty’s regard
The Azores’ were your charge. And higher yet
For Lord Lieutenant and Governor of Ireland
Her Majesty’s commission you received.
Beyond this, you had bounteous delectation
In her gifts to you, deemed more than thirty
Thousand pounds in favor. But you for pride
And inconsiderate presumption thanklessly
Repressed your memories of wealth. No man
A more ungrateful appetite, when fed
With grace, could manifest than you, who’d by
The kingliest insatiety consume
Yourself, your loyalty, and your liege. All this
Concerns her Majesty, against whose throne
Your rising throbbed. And though no Britishman
Without applause can of her Majesty’s
Protective justice speak, I must remark
That overmeasured mercy by the Queen
Will bring unmerciful exorbitance
On her. For though inhuman disobedience
Would have disabled England, yet no man
Howso wayward ever, violent ever,
Was crossly racked or tortured overthwart
For his confession. Most of them would make
Their conscientious peace with God. The truth
Came forth with faithful certitude in God,
As true religion can relinquish enmity.
Accordant attestations they conveyed,
Though sifted severally.

Essex: Now your unsifted speech
I’ve suffered, Master Coke, at culpable
Traducements kept before you, by confined
Civility not answering forthwith
The guiltiest allegations laid on me.
With insurrectional salvation might
The realm be saved from priestly sinfulness
Of blameful priests who’d stupefaction stress.

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Learning What We Don’t Know

In American Literature, Arts & Letters, Book Reviews, Books, British Literature, Humanities, Literary Theory & Criticism, Literature, Novels on September 9, 2015 at 8:45 am

Allen 2

This review originally appeared here in The University Bookman.

I begin with a trigger warning. The following review contains references that could evoke strong feelings about the nature and purpose of literature, a manifestly dangerous field of human creativity consisting of stories about, and representations of, highly sensitive and potentially upsetting subjects, including but not limited to racism, rape, classism, war, sex, violence, imperialism, colonialism, religious persecution, suicide, and death. Those who find discussions or descriptions of such demonstrably timeless elements of human experience unpalatable or offensive should consult medical professionals before reading this review or the book it promotes. Readers are encouraged not to engage any aspect of this review, or the book under review, that might provoke hurtful memories, grave discomfort, or existential angst.

Reading is precarious enough as it is, without having to introduce concepts or narratives about complex perennial themes, fictional renderings of plausible and fantastic events, or the contingencies of everyday life. Therefore, if you feel you must avoid material that elicits a passionate or emotional response derived from the inevitably discomforting features of both lived and imagined experience, then you must not only bypass Robert P. Waxler’s The Risk of Reading but also lock yourself in a closet, plug your ears with your fingers, and shout la la la la la until you’re no longer aware of your subjective self and the sometimes painful, sometimes joyous ubiquity of reality.

Enough of that. If you’re still reading, you agree to hold harmless this reviewer, Robert Waxler, and the editors and publishers of this journal for any claims or damages resulting from serious discussions of literature. You’re hereby warned: reading is risky—hence the title of Waxler’s book.

Not just reading, but deep reading, is risky, according to Waxler, because it teaches us “about who we are and where we are located in the midst of complexities in the world.” Deep reading disturbs the satisfying complacency of both ignorance and certitude. It can make you unhappy, challenge your most cherished presuppositions, and force you to think rigorously and laboriously about the nature of human relations and our place in the world. A life without reading isn’t so risky, at least for those who prefer not to be bothered with inconvenient narrative or exposed to different points of view. Knowing you’re right without working for understanding is easy. Why get distraught? Why not simply “know” without having to exert yourself in contemplation, without exercising your imaginative powers?

My generation, the millennials, will take shameless offense at Waxler’s notion that we are situated, temporal beings with definite bounds and limitations, little insignificant persons in a vast web of human history, near-nothings within a cosmic totality who are destined to suffer the fate of every living thing. This may be overstating, if not misrepresenting, Waxler’s presiding themes, but the anti-egoist premise is implicit in his chapters. It is an irrefutable premise at odds with my generation’s prized assumption that the knowing self is fluid and permeable, subject to the malleable constructions of choice and chance, always appropriable and appropriated—never fixed, never closed, never immutable, never assigned.

For my generation, the anything-goes-except-standards generation, slow reading—deep reading—is anathema, the kind of tedious exercise rendered unnecessary by hypertext and the rhyzomatic Internet. A studied appreciation for nuanced story and linguistic narrative has been replaced by an insatiable craving for instant gratification, by trite sound bites and fragmented data, by graspable bullet points and ready access to reduced testimony. We’ve got information at our hands, this generation of mine, but no wisdom or knowledge in our heads.

Although he does not come right out and say so explicitly, Waxler seems to have my generation in mind. He portrays himself as “someone who grew up with books but now finds himself surrounded by screens, consumer sensation, data streams, [and] the spectacle of electronic circuitry masquerading as public transparency.” A child today cannot avoid these technological distractions. Waxler’s not an old fogey intent on bemoaning new media for the sake of the cozy familiar or Luddite quixotism; rather, he’s worried about what is happening to reading as much as to readers when the rhetorical medium incentivizes rank inattentiveness and scattered interest.

Reading properly, in Waxler’s view, teaches us how much we do not know, not how much we know, about our mysterious universe and human interaction. Consequently and paradoxically, he maintains, reading improves and expands our tacit knowledge about the quotidian things that shape our lives and inform our decisions, the subtle things we might overlook or misapprehend if we aren’t attentive. And we’re not attentive, most of the time—at least that’s what Waxler appears to mean by his emphasis on “the distraction of each flickering instant” in which “information and data pull us away from ourselves, set themselves up as sovereign, as if they are all-knowing gods.”

Having paid homage to deep reading in his introductory chapter, Waxler puts his deep reading, or the fruits of his deep reading, on display. He examines nine texts in as many chapters: Genesis (the creation account), Frankenstein, Alice in Wonderland, Heart of Darkness, The Old Man and the Sea, Catcher in the Rye, One Flew over the Cuckoo’s Nest, Fight Club, and The Sense of an Ending. Then there’s a brief concluding chapter on the future of linguistic narrative—not a prediction or prophecy but a call to pensive action. These books have it all—sex, violence, death, sin, rebellion. They are risky.

Waxler encourages us to face our vulnerabilities and insecurities by reading deeply and widely, ever mindful of the nuances and possibilities of language and story. His subjects proceed chronologically, Genesis being the oldest text and The Sense of Ending, which was published just four years ago, the most recent. These subjects have little in common save for the high regard in which they’re held by a critical mass of readers. It’s premature to say whether some of these books are canonical—as in classics—but all of them are difficult and stirring: candidates for canonicity if they can prove their fitness over time.

All you need to know about Waxler’s thesis resides in his title—and subtitle. He submits that his subjects are “risky” or “dangerous”—terms laced with sarcasm and irony—because they help us to make sense of other people and our surroundings, which together amount to culture and experience. Understanding our concrete phenomenal surroundings, via literature, enables us to make sense of what Whitman called the “Me Myself,” or the “I” that was, for Descartes, the starting-point of metaphysics and epistemology—or so Waxler would have us believe.

Waxler’s thesis may be right—who can deny such broad claims?—but it doesn’t always play out as agreeably as it might in his analyses. Too much summary and synopsis presupposes a reader who hasn’t undertaken the primary text. Waxler’s local points are more interesting than his general conclusions about the worth of reading well and wisely—conclusions that, it must be said, are sufficiently apparent to go without saying, although they form the only discernable through-line in this exposition of disparate authors, texts, and time periods, and thus serve a vital function.

Waxler is not attempting to imbue his readers with cultural literacy; rather, he’s trying to teach them how to read deliberately. He echoes Kenneth Burke by suggesting that literature is equipment for living. We shouldn’t fail to recognize the skill with which Waxler dissects texts. The problem is that such dissection removes the strangeness of the reading experience, deprives the unseasoned reader of his chance to luxuriate in the sublime power of language and story. Waxler’s critical commentary simply cannot do what the literary works themselves do: provoke, inspire, move, awe, stimulate, anger, shock, and hurt. Therefore, a sense of repetition and banality settles over Waxler’s arguments: the biblical account of creation teaches truths regardless of whether it “happened”; Mary Shelley raises unanswerable questions about restraints on human ambition; Lewis Carroll’s Alice finds meaning in a meaningless world; Joseph Conrad’s Marlow and Kurtz help us “locate our own ongoing journey that defines us, each in our own way”; Hemingway’s portrayal of Santiago at sea instills understanding about “the truth of the achievement, the accomplishment, and the loss”; and so on. You get the gist: readers are vicarious participants in the stories they read; thus, the stories are instructive about the self. Again, unoriginal—but also undeniable.

Conservatives will be surprised at the manner in which Waxler enlists men of the left to make some traditionalist-seeming points. He mentions Lacan and Foucault—known in conservative circles for French Theory, poststructuralism, jargon, pseudoscience, and psychobabble, among other things—for the proposition that literature transmits virtues and values that constructively guide human activity and orient moral learning. Such references implicitly warn about the risk and short-sightedness of closing individuals within ideological boxes that can be stored away without consequence—or perhaps they demonstrate how creative thinkers can use just about anyone to make the points they want to make.

By all means read Waxler’s book. But, sooth to sayne, if you really want a risk, if you really want to live dangerously, which is to say, as a self-aware, contemplative being, then you should—trigger warning, trigger warning!—read the books Waxler discusses rather than Waxler himself. I’m confident the risky Waxler would urge the same course. He’s just that dangerous.

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The Dissents of Oliver Wendell Holmes, Jr.

In American History, History, Humanities, Law, Oliver Wendell Holmes Jr., The Supreme Court on September 2, 2015 at 8:45 am

Allen 2

The following table categorizes Oliver Wendell Holmes Jr.’s dissents according to “Dissenting Opinions Authored” and “Dissenting Opinions Joined.” Totaling the dissents in each column will not result in the sum of the cases in which Holmes dissented because the table includes only cases in which Holmes dissented with a writing. (Holmes sometimes dissented without an opinion or joined another dissenting justice who did not write an opinion.) The seven cases that appear in both columns are Haddock v. Haddock, 201 U.S. 562 (1906); American Column & Lumber Co. v. U.S., 257 U.S. 377 (1921); U.S. ex rel. Milwaukee Social Democratic Pub. Co. v. Burleson, 255 U.S. 407 (1921); Myers v. U.S., 272 U.S. 52 (1926); Tyson & Bro.-United Theatre Ticket Offices v. Banton, 273 U.S. 418 (1927); Olmstead v. U.S., 277 U.S. 438 (1928); and Baldwin v. State of Missouri, 281 U.S. 586 (1930).

 

 

Dissenting Opinions Authored

 

  

Dissenting Opinions Joined

 
 

1.      Northern Securities Co. v. U.S., 193 U.S. 197 (1904) (Holmes, J., dissenting).

2.      Kepner v. U.S., 195 U.S. 100 (1904) (Holmes, J., dissenting).

3.      Muhlker v. New York & H.R. Co., 197 U.S. 544 (1905) (Holmes, J., dissenting).

4.      Lochner v. New York, 198 U.S. 45 (1905) (Holmes, J., dissenting).

5.      Madisonville Traction Co. v. St. Bernard Mining Co., 196 U.S. 239 (1905) (Holmes, J., dissenting).

6.      Haddock v. Haddock, 201 U.S. 562 (1906) (Holmes, J., dissenting).

7.      Bernheimer v. Converse, 206 U.S. 516 (1907) (Holmes, J., dissenting).

8.      Travers v. Reinhardt, 205 U.S. 423 (1907) (Holmes, J., dissenting).

9.      Chanler v. Kelsey, 205 U.S. 466 (1907) (Holmes, J., dissenting).

10.  Raymond v. Chicago Union Traction Co., 207 U.S. 20 (1907) (Holmes, J., dissenting).

11.  Howard v. Illinois Cent. R. Co., 207 U.S. 463 (1908) (Holmes, J., dissenting).

12.  Adair v. U.S., 208 U.S. 161 (1908) (Holmes, J., dissenting).

13.  Chicago, B. & Q. Ry. Co. v. Williams, 214 U.S. 492 (1909) (per curiam) (Holmes, J., dissenting).

14.  Keller v. U.S., 213 U.S. 138 (1909) (Holmes, J., dissenting).

15.  Continental Wall Paper Co. v. Louis Voight & Sons Co., 212 U.S. 227 (1909) (Holmes, J., dissenting).

16.  Atchison, T. & S.F. Ry. Co. v. Sowers, 213 U.S. 55 (1909) (Holmes, J., dissenting).

17.  Southern Ry. Co. v. King, 217 U.S. 524 (1910) (Holmes, J., dissenting).

18.  Kuhn v. Fairmont Coal Co., 215 U.S. 349 (1910) (Holmes, J., dissenting).

19.  Pullman Co. v. State of Kansas ex rel. Coleman, 216 U.S. 56 (1910) (Holmes, J., dissenting).

20.  Western Union Telegraph Co. v. State of Kansas ex rel. Coleman, 216 U.S. 1 (1910).

21.  Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U.S. 373 (1911) (Holmes, J., dissenting).

22.  Bailey v. State of Alabama, 219 U.S. 219 (1911) (Holmes, J., dissenting).

23.  Brown v. Elliott, 225 U.S. 392 (1912) (Holmes, J., dissenting).

24.  Hyde v. U.S., 225 U.S. 347 (1912) (Holmes, J., dissenting).

25.  Donnelly v. U.S., 228 U.S. 243 (1913) (Holmes, J., dissenting).

26.  Coppage v. State of Alabama, 236 U.S. 1 (1915) (Holmes, J., dissenting).

27.  Frank v. Mangum, 237 U.S. 309 (1915) (Holmes, J., dissenting).

28.  Southern Pac. Co. v. Jensen, 244 U.S. 205 (1917) (Holmes, J., dissenting).

29.  Motion Picture Patents Co. v. Universal Film Mfg. Co., 243 U.S. 502 (1917) (Holmes, J., dissenting).

30.  Ruddy v. Rossi, 248 U.S. 104 (1918) (Holmes, J., dissenting).

31.  Toledo Newspaper Co. v. U.S., 247 U.S. 402 (1918) (Holmes, J., dissenting).

32.  International News Service v. Associated Press, 248 U.S. 215 (1918) (Holmes, J., dissenting).

33.  Hammer v. Dagenhart, 247 U.S. 251 (1918) (Holmes, J., dissenting).

34.  City and County of Denver v. Denver Union Water Co., 246 U.S. 278 (1918) (Holmes, J., dissenting).

35.  Abrams v. U.S., 250 U.S. 616 (1919) (Holmes, J., dissenting).

36.  Maxwell v. Bugbee, 250 U.S. 525 (1919) (Holmes, J., dissenting).

37.  Evans v. Gore, 253 U.S. 245 (1920) (Holmes, J., dissenting).

38.  Knickerbocker Ice Co. v. Stewart, 253 U.S. 149 (1920) (Holmes, J., dissenting).

39.  Eisner v. Macomber, 252 U.S. 189 (1920) (Holmes, J., dissenting).

40.  Truax v. Corrigan, 257 U.S. 312 (1921) (Holmes, J., dissenting).

41.  American Column & Lumber Co. v. U.S., 257 U.S. 377 (1921) (Holmes, J., dissenting).

42.  Smith v. Kansas City Title & Trust Co., 255 U.S. 180 (1921) (Holmes, J., dissenting).

43.  U.S. ex rel. Milwaukee Social Democratic Pub. Co. v. Burleson, 255 U.S. 407 (1921) (Holmes, J., dissenting).

44.  Leach v. Carlile, 258 U.S. 138 (1922) (Holmes, J., dissenting).

45.  U.S. v. Behrman, 258 U.S. 280 (1922) (Holmes, J., dissenting).

46.  Federal Trade Commission v. Beech-Nut Packing Co., 257 U.S. 441 (1922) (Holmes, J., dissenting).

47.  Adkins v. Children’s Hospital of the District of Columbia, 261 U.S. 525 (1923) (Holmes, J., dissenting).

48.  Bartels v. State of Iowa, 262 U.S. 404 (1923) (Holmes, J., dissenting).

49.  Commonwealth of Pennsylvania v. State of West Virginia, 262 U.S. 553 (1923) (Holmes, J., dissenting).

50.  Craig v. Hecht, 263 U.S. 255 (1923) (Holmes, J., dissenting).

51.  Panama R. Co. v. Rock, 266 U.S. 209 (1924) (Holmes, J., dissenting).

52.  Gitlow v. People of State of New York, 268 U.S. 652 (1925) (Holmes, J., dissenting).

53.  Weaver v. Palmer Bros. Co., 270 U.S. 402 (1926) (Holmes, J., dissenting).

54.  Schlesinger v. State of Wisconsin, 270 U.S. 230 (1926) (Holmes, J., dissenting).

55.  Myers v. U.S., 272 U.S. 52 (1926) (Holmes, J., dissenting).

56.  Frost v. Railroad Commission of State of Cal., 271 U.S. 583 (1926) (Holmes, J., dissenting).

57.  Power Mfg. Co. v. Sanders, 274 U.S. 490 (1927) (Holmes, J., dissenting).

58.  Tyson & Bro.-United Theatre Ticket Offices v. Banton, 273 U.S. 418 (1927) (Holmes, J., dissenting).

59.  Compania General de Tabacos de Filipinas v. Collector of Internal Revenue, 275 U.S. 87 (1927) (Holmes, J., dissenting).

60.  Quaker City Cab Co. v. Commonwealth of Pennsylvania, 277 U.S. 389 (1928) (Holmes, J., dissenting).

61.  Louisville Gas & Electric Co. v. Coleman, 277 U.S. 32 (1928) (Holmes, J., dissenting).

62.  Panhandle Oil Co. v. State of Mississippi ex rel. Knox, 277 U.S. 218 (1928) (Holmes, J., dissenting).

63.  Goodyear Tire & Rubber Co. v. U.S., 276 U.S. 287 (1928) (Holmes, J., dissenting).

64.  Long v. Rockwood, 277 U.S. 142 (1928) (Holmes, J., dissenting).

65.  Louis K. Liggett Co. v. Baldridge, 278 U.S. 105 (1928) (Holmes, J., dissenting).

66.  Olmstead v. U.S., 277 U.S. 438 (1928) (Holmes, J., dissenting).

67.  Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co., 276 U.S. 518 (1928) (Holmes, J. dissenting).

68.  Springer v. Government of Philippine Islands, 277 U.S. 189 (1928) (Holmes, J., dissenting).

69.  U.S. v. Schwimmer, 279 U.S. 644 (1929) (Holmes, J., dissenting).

70.  Farmer’s Loan & Trust Co. v. State of Minnesota, 280 U.S. 204 (1930) (Holmes, J., dissenting).

71.  New Jersey Bell Telephone Co. v. State Board of Texas and Assessment of New Jersey, 280 U.S. 338 (1930) (Holmes, J., dissenting).

72.  Baldwin v. State of Missouri, 281 U.S. 586 (1930) (Holmes, J., dissenting).

73.  Hoeper v. Tax Commission of Wis., 284 U.S. 206 (1931) (Holmes, J., dissenting).

 

  

1.      Board of Directors of Chicago Theological Seminary v. People of State of Illinois ex rel. Raymond, 188 U.S. 662 (1903) (White, J., dissenting).

2.      Hafemann v. Gross, 199 U.S. 342 (1905) (White, J., dissenting).

3.      Haddock v. Haddock, 201 U.S. 562 (1906) (Brown, J., dissenting).

4.      Neilson v. Rhine Shipping Co., 248 U.S. 205 (1918) (McKenna, J., dissenting).

5.      Sandberg v. McDonald, 248 U.S. 185 (1918) (McKenna, J., dissenting).

6.      F.S. Royster Guano Co. v. Commonwealth of Virginia, 253 U.S. 412 (1920) (Brandeis, J., dissenting).

7.      Schaefer v. U.S., 251 U.S. 466 (1920) (Brandeis, J., dissenting).

8.      U.S. v. Reading Co., 253 U.S. 26 (1920) (White, C.J., dissenting).

9.      Burdeau v. McDowell, 256 U.S. 465 (1921) (Brandeis, J., dissenting).

10.  American Column & Lumber Co. v. U.S., 257 U.S. 377 (1921) (Brandeis, J., dissenting).

11.  Duplex Printing Press Co. v. Deering, 254 U.S. 443 (1921) (Brandeis, J., dissenting).

12.  U.S. ex rel. Milwaukee Social Democratic Pub. Co. v. Burleson, 255 U.S. 407 (1921) (Brandeis, J., dissenting).

13.  U.S. v. Moreland, 258 U.S. 433 (1922) (Brandeis, J., dissenting).

14.  U.S. v. Oregon Lumber Co., 260 U.S. 290 (1922) (Brandeis, J., dissenting).

15.  Lemke v. Farmers’ Grain Co. of Embden, N.D., 258 U.S. 50 (1922) (Brandeis, J., dissenting).

16.  Kentucky Finance Corp. v. Paramount Auto Exch. Corp., 262 U.S. 544 (1923) (Brandeis, J., dissenting).

17.  Texas Transport & Terminal Co. v. City of New Orleans, 264 U.S. 150 (1924) (Brandeis, J., dissenting).

18.  Jay Burns Baking Co. v. Bryan, 264 U.S. 504 (1924) (Brandeis, J., dissenting).

19.  Myers v. U.S., 272 U.S. 52 (1926) (Brandeis, J., dissenting).

20.  Di Santo v. Commonwealth of Pennsylvania, 273 U.S. 34 (1927) (Brandeis, J., dissenting).

21.  Tyson & Bro.-United Theatre Ticket Offices v. Banton, 273 U.S. 418 (1927) (Stone, J., dissenting).

22.  Olmstead v. U.S., 277 U.S. 438 (1928) (Brandeis, J., dissenting).

23.  Wuchter v. Pizzutti, 276 U.S. 13 (1928) (Brandeis, J., dissenting).

24.  John P. King Mfg. Co. v. City Council of Augusta, 277 U.S. 100 (1928) (Brandeis, J., dissenting).

25.  Baldwin v. State of Missouri, 281 U.S. 586 (1930) (Stone, J., dissenting).