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Archive for the ‘Libertarianism’ Category

The Manuel H. Johnson Center for Political Economy

In Academia, Economics, Libertarianism on June 12, 2023 at 8:00 am

Libertarianism and the Common Law

In Arts & Letters, Britain, Economics, History, Humanities, Law, Libertarianism, Philosophy on October 20, 2022 at 6:00 am

Allen Mendenhall and Walter Block Discuss Environmentalism

In Conservatism, Liberalism, Libertarianism, Politics on October 19, 2022 at 6:00 am

e.e. in the U.S.S.R.

In America, Arts & Letters, Books, Emerson, Humanities, liberal arts, Libertarianism, Literary Theory & Criticism, Literature, Modernism, Philosophy, Poetry, Politics on August 25, 2022 at 6:00 am

This piece originally appeared here in Discourse Magazine.

Born in 1894, E.E. Cummings—poet, painter, playwright, novelist—is known for his innovative idioms, very unconventional punctuation and experimental forms. He is less remembered for his staunch commitment to philosophical and political individualism, in the tradition of 19th-century transcendentalist Ralph Waldo Emerson, which found its fullest expression in his opposition to the ascendent Marxism and communism of the early 20th century.

Cummings was raised by Unitarian parents around Harvard Yard (his father taught at the university) at a time when the chief modes of transportation were not yet by automobile. The ebullient young poet enjoyed his academic milieu with its residual transcendentalism. Even the jurist Oliver Wendell Holmes Jr., an allegedly cold realist then serving on the Massachusetts Supreme Judicial Court, acknowledged Emerson as his inspiration and wrote about “an echo of the infinite” and “a hint of the universal law.”

An urban center for publishing and speaking and all varieties of expatiation, Cambridge, Massachusetts, was at the time home to American intellectuals such as William James, Josiah Royce and Charles Eliot Norton, as well as to the nascent pragmatism that would eclipse republicanism, Unitarianism and other New World paradigms in its importance to the identity of educated Bostonians and Harvard highbrows. Burgeoning industry generated prosperity and energetic commercialism in Boston and its surrounds. The Civil War had tempered the optimism of earlier generations, but vibrant efforts to fashion a uniquely American culture and to break free from the constraints of European customs and traditions continued to shape the growing market for newspapers and books.

In this stimulating climate, under his parents’ care, young Cummings cultivated his creative talents, especially for poetry. He entered Harvard University in 1911, published his first poem in 1912, graduated in 1915 and earned a master’s degree from Harvard in 1916. As a college student he became, according to biographer Susan Cheever, “a new man, an archetypal questioner, and with this newness would come a different kind of poetry.”

Originality was the hallmark of American writing long before Cummings. The national literature, such as it was, sought discontinuity and inventiveness. The crass humor of Samuel Clemens (Mark Twain), the gothic grotesqueness of Edgar Allan Poe, the bold activism of Margaret Fuller, the caustic realism of Edith Wharton, the performative independence of Henry David Thoreau, the shocking obscenity of Walt Whitman—each contributed to the paradox of the emergent American canon: its derivative novelty and mimetic resistance to outside influences.

Strictly rhyming meter and syntax in American poetry gave way to a rebellious free verse and democratic improvisation. The ostentatious vocabulary and syntactical pretensions of upper-class Europeans were not suited to rugged American prose, which—as in Twain’s “Adventures of Huckleberry Finn”—featured common speech, plain diction and vulgar colloquialisms. But how far could writers push boundaries? How could they transcend the inescapable past or reimagine inherited orthographies? Could language exist without recognizable precedents, rules or structures? What approaches had not been tried? What poems could satisfy the endless aspiration for American ingenuity?

Stretching the Limits

Cummings may have stretched the limits as far as they could go. His anarchic, avant-garde style signaled his rogue, rollicking individualism, which, in his view, defied the dehumanizing forces of collectivism. This is not the space to examine his extensive oeuvre or undertake close readings of his thousands of brilliant poems. Yet two acclaimed examples suffice to show the lyric distinctiveness of his curious method:

when my love comes to see me it’s

when my love comes to see me it’s
just a little like music,a
little more like curving colour(say
orange)
       against silence,or darkness….

the coming of my love emits
a wonderful smell in my mind,

you should see when i turn to find
her how my least heart-beat becomes less.
And then all her beauty is a vise

whose stilling lips murder suddenly me,

but of my corpose the tool her smile makes something
suddenly luminous and precise

—and then we are I and She….

what is that the hurdy-gurdy’s playing

[in Just-]

in Just-

spring          when the world is mud-

luscious the little

lame balloonman

whistles          far          and wee

and eddieandbill come

running from marbles and

piracies and it’s

spring

when the world is puddle-wonderful

the queer

old balloonman whistles

far          and             wee

and bettyandisbel come dancing

from hop-scotch and jump-rope and

it’s

spring

and

the

goat-footed

balloonMan          whistles

far

and

wee

In the first poem we experience a traditional theme: tender, romantic love. The second, with its evocative images, vague figures, fragmented lines and unusual, disruptive punctuation, is like the scene of an abstract painting or photograph, a rendered moment, the sounds purely imagined.

Cummings famously embraced lowercase font (or, if you prefer, infamously avoided capitalization). The spatial arrangement of this poem—large gaps between words, for instance, or the swaying effect of differing line lengths—lends the impression that the wind has blown the letters and words back and forth, together and apart, and that the ominous perspective is that of a child who is unable to articulate clearly or cogently the evanescent flurry of activity he beholds.

Emerson coined “individualism” for the American lexicon to capture the “individualisme” that Alexis de Tocqueville recorded in the early 1830s in his observations while touring the United States. The individualism that Cummings developed was more than merely a youthful sense of bravado and self-importance that would moderate as his testosterone receded with age. It was deep-seated, rational and enduring—in a word, Emersonian.

Mentor. Ralph Waldo Emerson in 1857. Image Credit: Josiah Johnson Hawes/Wikimedia Commons

Lasting beliefs earn staying power through lived experience; trying circumstances force people to validate or renounce their convictions. Two pressing events reinforced Cummings’ individualism, which he exposited with an ever-maturing understanding of the dangers of totalitarianism.

One was his detainment during World War I, right out of college. He and novelist William Slater Brown had volunteered for the Norton-Harjes Ambulance service in France. Charged with espionage because of cryptic comments in their letters home, they were imprisoned for three months in holding cells at a military detention camp in the French town of La Ferté-Macé. Meanwhile the U.S. Department of State erroneously notified Cummings’ parents that he had been aboard the SS Antilles, which a German U-boat had torpedoed and sunk.

Cummings was released from confinement without commotion or fanfare shortly before Christmas 1917 and was stateside again by January. He would later portray this period in his autobiographical novel “The Enormous Room,” which biographer Richard S. Kennedy describes as a “symbolic attack upon all governmental structures whatsoever.”

Lenin’s Tomb

The other belief-affirming event was Cummings’ five-week trip to the Soviet Union in 1931, which hardened him against communism and its American supporters. During this trip Cummings kept a diary that became his second prose book, “Eimi.” The title is Greek for “I am.” In his 1958 preface, Cummings wrote, “To devotees of the Old Testament, this may suggest Exodus III, 14—‘I AM THAT I AM.’” Cummings’ signature “i,” rendered in lowercase throughout his poetry, lacks the grandeur and majesty of the Hebrew God. Yet, paradoxically, it seems mighty in its diminutive size: a sign of individuality that draws attention to itself, its power made perfect in weakness.

First published in 1933, “Eimi” abounds with bitter, biting critiques of collectivism and of its corollary, a planned economy. This diary-invective can be obscure, its plot sequencing at times difficult to follow. Guided by a derisory version of Virgil, Cummings—the mocking and mythical narrator, a 20th-century Dante—undertakes a depressing, disturbing passage through the “unworld,” Stalinist Russia: a nightmarish hell of senseless bureaucracy, unimaginative ideology and brutalizing oppression.

His first stop on this journey: “A singularly unbanklike bank:outside,mildly imposing mansion; inside,hugely promiscuous hideousness—not the impeccable sanitary ordered and efficient hideousness of American or imitation-American banks,but a strictly ubiquitous whenwhere of casual filth and aimless commotion and profound hoping inefficiency.” Such bleak, odd imagery and frank disgust anticipate the surreal, satirical episodes he later sees and records: propaganda plays, indoctrination speeches, a plethora of comrades, secret police, a socialist jail. The neologism “whenwhere” emphasizes the managerial pointlessness of Soviet administration, which homogenizes society into a monotonous, mechanistic mass of inept, brainwashed automatons.

Henry Wadsworth Longfellow “Harry” Dana (grandson of the renowned poet Henry Wadsworth Longfellow, who had died in 1882), a union-loving advocate of labor causes, a Harvard habitué and a lively expert on Russian drama, happened to be in Russia when Cummings arrived there. With entrée into Russian cognoscenti society, Dana was Cummings’ Virgil, introducing him to the glitterati, the literati and local theater. Anti-authoritarian to his core, Cummings was unimpressed. He “went to the Soviet Union with his eyes open and without an agenda,” explains biographer Christopher Sawyer-Lauçanno, but “his experiences there, in which he witnessed first-hand the privation and sadness of the Stalinist state, certainly helped him develop an agenda.”

In “Eimi,” Cummings allegorizes his haunting visit to Lenin’s mausoleum, calling it the “Vision of Satan.” The revulsion with which Cummings illustrates the procession of bodies to the grave is palpable. Too lengthy to quote here, these lines scramble with intensity in the manner of the mourning throng—a “number of numberlessness”—which mobilizes toward “the Tomb of Tombs,” toward “Lenin our life!” and “Lenin our hope!” The tomb, discussed much earlier in the narrative, is “a rigid pyramidal composition of blocks; an impurely mathematical game of edges.”

The picture here is religious, or irreligious—the hallowed Lenin in his sacred space, wholly consecrated, absolutely revered. If Lenin is God, then his state—his government—is holy. Nothing could have been more frightening or distressing to Cummings.

Kennedy asserts that the concluding lines of “Eimi” attempt to “express something similar to an Emersonian transcendental experience, a mystical union with the creative force”:

silence is made of

(behind perfectly or

final rising

humbly

more dark

most luminous

whereless fragrant whenlessly erect

a sudden the!entirelyblossoming)

Voice

(Who:

Loves;

Creates,

Imagines)

OPENS

Notice the emergence of sound from silence: the voice a mode of agency, a source, a genesis, a conception. The result is as if to say, “You, reader, are now released from Soviet censorship, restraint and restriction; you have ended that chapter and may close this book; the future is yours to make.”

Standing Alone

Kennedy explains that the self-celebrating and increasingly embittered Cummings sometimes “felt isolated from other literary contemporaries, mostly leftists who shunned him because of his strong anticommunist views.” True Emersonian self-reliance means standing alone, if necessary, in the face of hostility and to the chagrin or ire of the naysaying multitudes. Cummings, “no base imitator of another,” struck out on his own, taking great risks with his poetry despite harsh charges that his writing was indecipherable, esoteric or impenetrable.

His acrobatic, often puzzling techniques represent aesthetically the prevailing motifs of his romantic, nonconformist individualism: imagination, life, emotion, instinct, spontaneity and love. His liberating eccentricity contrasts with the crushing, repressive and absurd Soviet system. “Eimi,” a sustained indictment of Marxism and communism, depicts the all-encompassing despotism of mobs as well as a cruel and implacable government run by myriad comrades who lack character or personality because they are subservient sycophants: dispensable units within an indiscriminate superstate of interchangeable agents and functionaries.

When the idiosyncratic Cummings died of a stroke in 1962, he was a household name, his stature secured by the blooming hippie, hipster subculture that, dissatisfied with current affairs, followed his lead in rejecting establishment standards and submission to authority. His obituary in The New York Times, published the day after his death, commences on the front page and, because of its length, extends to another section. He was a force, a giant of his time, a modernist trendsetter whose trends were insuperable, a transparent eyeball, the “i” and the person he decided to be, the Whitmanesque “me myself” who would not capitulate to badges, names, large societies or dead institutions. He was e.e. and E.E., living truly, seeing truly, acting singly. There can never be another.

Allen Mendenhall Interviews John Allison on “Success Stories”

In Libertarianism on November 18, 2021 at 6:15 am

What is Capitalism?

In Academia, Economics, Libertarianism on September 1, 2021 at 11:08 am

What Austrian Economists Can Learn From Roger Scruton

In Arts & Letters, Austrian Economics, Britain, Conservatism, Economics, Essays, History, Humane Economy, Humanities, liberal arts, Libertarianism, Literature, Philosophy, Western Civilization, Western Philosophy on June 17, 2020 at 6:45 am

This piece originally appeared here in The Imaginative Conservative. 

The room is alive with happy discussion, the clanking of plates and silverware, hearty laughter, and the pitter-patter of smartly dressed servers buzzing about the room. Wine flows. We’re on the final course, awaiting dessert and coffee, when suddenly the lights dim, leaving dancing candlelight on the tables and the illicit glow of cell phones. On an enormous screen behind the stage comes a loud, hoarse voice: “It is a great honor to be named Defender of Western Civilization.”

I look up, puzzled. There before me in magnified form, filling the screen, is Sir Roger Scruton, sitting beside a lamp, his face framed by a flux of flaxen hair, his chair squeaking as he readjusts himself.  It’s evening, both here and in England, and the sun is down, so the faint light beaming on his face through an obscured window betrays the disappointing reality that we’re watching a recording, not a live feed. The moment, at any rate, is exciting. Scruton goes on to ask, “What is a civilization?”  And to answer: “It is surely a form of connection between people, not just a way in which people understand their languages, their customs, their forms of behavior, but also the way in which they connect to each other, eye to eye, face to face, in the day-to-day life which they share.”

That, anyway, is how I recall the Intercollegiate Studies Institute’s 14th Annual Gala for Western Civilization that honored Scruton, who, because of his chemotherapy treatment, was unable to attend.

Sir Roger, as he’s affectionately known, departed from this world on January 12, 2020.  This erudite philosopher of a bygone era raises grave questions about the compatibility between traditionalism and classical liberalism, custom and markets, the individual and the state, convention and innovation. From Scruton, we can, I think, learn the following. That a society of modest scope and scale functions optimally when its people are good and virtuous, when they voluntarily organize themselves into charitable communities, fearing the eternal consequences of wickedness. That free societies thrive where crime is rare and private property rights are both recognized and respected, where families work hard and support one another and leaders are classically and rigorously educated, having wrestled with the greatest thinkers and texts from across the ages. That lasting social harmony develops in cohesive communities where solidarity involves kindness and benevolence and members do not superciliously dismiss received wisdom and norms.

Scruton’s Fools, Frauds and Firebrands—first published in 1985 as Thinkers of the New Left, reworked and rereleased in 2015, produced in paperback in 2016, and reissued in 2019 as yet a newer edition—demonstrates that Scruton wasn’t tilting at windmills as conservative pundits and talking heads on television and popular media seem too often to do. Scruton’s chief targets were, not senseless and sycophantic politicians, but ideas. He traced these ideas to particular leftist luminaries: Eric Hobsbawm, E. P. Thompson, J.K. Galbraith, Ronald Dworkin, Jean-Paul Sartre, Michel Foucault, Jürgen Habermas, Louis Althusser, Jacques Lacan, Gilles Deleuze, Antonio Gramsci, Edward Said, Alain Badiou, and Slavoj Źižek. His concern was principally philosophical and cultural. He took ideas seriously and didn’t simplify or exploit them merely for entertainment value.

Scruton acknowledged that the term “Left,” referring to the object of his opprobrium, covers a wide range of intellectuals and ideological movements, but that all of these, to some degree, “illustrate an enduring outlook on the world, and one that has been a permanent feature of Western civilization at least since the Enlightenment, nourished by … elaborate social and political theories,”[1] namely those which hold “that the goods of this world are unjustly distributed, and that the fault lies not in human nature but in usurpations practiced by a dominant class.”[2] The word “Left” or “leftist,” then, suitably encompasses a multiplicity of views that, although singular in their particulars, hang together as a classifiable category at a certain level of generalization.

Scruton added that leftists “define themselves in opposition to established power, the champions of a new order that will rectify the ancient grievance of the oppressed,”[3] and that they pursue two abstract goals: liberation and social justice. The liberation Scruton refers to is not necessarily a libertarian version of personal autonomy; rather, it refers to “emancipation from …. ‘structures,’” e.g., from “the institutions, customs and conventions that shaped the ‘bourgeois’ order, and which established a shared system of norms and values at the heart of Western society.”[4] The Left seeks to deconstruct and dismantle historic associations (families, churches, clubs, sporting leagues, etc.) that provide order and stability in the absence of overarching government rules and regulations.

If that’s “the Left” in a nutshell, then what’s “the Right,” according to Scruton?  In short, the Right is a community of individuals believing in the primacy of those personal relationships, prevailing norms, and controlling institutions that precede government, mediate between private actors and the State, and celebrate the intrinsic worth of every human being. “The right,” explains Scruton, “rests its case in representation and law,” advocating a “civil society that grows from below without asking permission of its rulers.”[5] The Right, accordingly, treats government as accountable to its citizens in light of its dangerous capacity for mischief and violence. The Right also recognizes the sinful, flawed nature of human beings and, therefore, attempts to offset or neutralize—rather than to amass or centralize—power.

By contrast, the Left promotes institutionalized coercion and centralized power. Its attempts to realize concretely the abstractions of social justice and equality necessitate the use of a forcible apparatus, controlled by a select group of people, to press resistant communities into compliance. “Who controls what and how in the realm of pure equality,” asks Scruton on this score, “and what is done to ensure that the ambitious, the attractive, the energetic and the intelligent do not upset whatever pattern it is that their wise masters might impose on them?”[6] No true and absolute equality of talent or wealth can ever be achieved in tangible reality because humans are wonderfully and brilliantly diverse, even as they are made, universally, in the image of God.

Given a binary choice between the Left and the Right so described, libertarians ought to side with the Right, cultivating a literate society characterized not only by self-ownership, free markets, and private property, but also by aesthetic appreciation, religious worship, obedience to successful and constructive customs, and concern for the souls and material wellbeing of the generations not yet born. Libertarians and conservatives can agree that everyone is plugged into vast networks of commerce and activity, however remote their neighborhoods or habitats. They can agree with Scruton that self-regulating, disciplined communities of caring individuals administer felt, proportional restraints more fairly and efficiently than do faraway government bureaucrats or impersonal agencies of mechanical functionaries who enjoy a compulsory monopoly on the implementation of force.

Scruton suggested that the Right, more than the Left, benevolently esteems the multiplying, bewildering variety of human behavior and interests. Whereas the Left reduces human beings to determined products of intractable systems and rigid social structures, the Right marvels in the mystery of quotidian experience, mining the past for evidence of good and bad decisions, prudent and imprudent courses of action, and workable and unworkable approaches to difficult challenges and exigent circumstances.

There can be no freedom, however, absent some authority. Conservatives and libertarians alike may locate that authority in mediating institutions of modest size, recognizing the importance of consent and localism, family and place, to good government. Scruton’s example shows that certain conservative cultural conditions enable market-based economies to flourish. Conservatives and libertarians may agree that, in Scruton’s words, “[Ludwig von] Mises and [Friedrich] Hayek between them destroyed the possibility of a socialist economy,” giving the “conclusive argument against it.” Mises’s and Hayek’s argument, a tenet of the Austrian School of Economics, involves the recognition that humans are fallible creatures with limited knowledge and perspective who prosper when society writ large values humility over hubris, and economic exchange over warfare or coercion.

Despite the rancor between them lately, conservatives and libertarians need each other. Dividing them unites the Left. Scruton was no libertarian, but his ideas, if thoughtfully considered by libertarians, could enable a more fruitful, contemplative, and beautiful libertarianism to emerge.

[1] Pg. 1.

[2] Pg. 3. Note: I have Americanized Scruton’s spelling so that, for instance, “practised” has become “practiced.”

[3] Pg. 3.

[4] Pg. 3.

[5] Pg. 286.

[6] Pg. 274.

Alcohol to the Rescue!

In Economics, Humane Economy, Libertarianism on April 8, 2020 at 6:45 am

This article originally appeared here at the American Institute for Economic Research on March 21, 2020.

The world, it seems, is full of bad news.

The disorienting coronavirus pandemic has occasioned an upsetting parade of horribles: Government-imposed shutdowns of business. Bans on public gatherings. A national lockdown. Restricted travel. Shortages of testing kits and hospital beds. Mass layoffs. Social distancing. Martial law. Strained supply chains.

There’s even talk of recession and depression.

Should we panic? Should we despair?

Of course not! How would that help?

This unusual moment, however stressful it may be, teaches us about the wonderful workings of spontaneous order in society, and of the innovative ability of ordinary people—not of presidents, dictators, chancellors, generals, or prime ministers—to improve lives and institutions in disparate communities across the globe.

Take the example of craft distilleries, which, of course, make liquors and spirits. Today they’re distilling a different concoction: hand sanitizer!

One estimate is that 75% of craft distilleries in the United States have considered producing hand sanitizer, which, because of panic purchasing, has been difficult to find in grocery stores and pharmacies. Bottles of hand sanitizer can sell for hundreds of dollars. Yet many distilleries are now giving them away!

Right down the road from AIER, where I’ve spent the last week as a visiting scholar, Berkshire Mountain Distillers is selling hand sanitizer for a mere $6 per bottle. And, folks, these aren’t little bottles.

Back home, where my family anxiously awaits my return, John Emerald Distilling Company is converting its facility into a “disinfectant depot.” It’s providing hand sanitizer in large spray bottles.

Wait, you might ask, what about those pesky regulations that prohibit distilleries from generating hand sanitizer? Well, the federal government has waived them. Makes you wonder: were these regulations even necessary?

It’s fascinating that distillers found a simple solution to a pervasive problem before the bureaucrats did. While governments investigated and arrested alleged price gougers who “stockpiled” hand sanitizer, industrious individuals invented practical substitutes.

Hubris and arrogance deceive government leaders into believing that only the most qualified experts among us can centrally design and maintain a mass, uniform plan to mitigate if not contain coronavirus. Meanwhile, despite government red tape, entrepreneurial forces quietly operate to supply consumers with the products they need during trying times.

Come to think of it, I don’t remember owning or using hand sanitizer when I was a kid. Presently, though, it seems so essential to quotidian experience that stores can’t keep it on the shelves. How quickly and innocently we grow accustomed to everyday possessions that would have amazed us just decades ago.

The current crisis, if that is the right word, affirms F. A. Hayek’s proposition that a spontaneous order constitutes “an adaptation to the multitude of circumstances which are known to all the members of that society taken together but which are not known as a whole to any one person.” Each of us, despite government action or inaction, as the case may be, has changed our lives to respond to this rapidly evolving situation. We’ve made sacrifices and compromises, adjusted our habits and routines, and imaginatively resolved unforeseeable challenges.

That’s what the market is: the free, aggregated actions and decisions of innumerable buyers and sellers within their unique settings and particular contexts. The market isn’t some monolithic evil bent on elevating certain classes of people at the expense of others. It isn’t the embodiment of a single, undifferentiated intent or an unvarying scheme to enrich some homogenous group.

Perhaps the invisible hand metaphor, though well meaning, is misleading. We human beings are not wooden chess pieces that a deific Mr. Market moves from square to square on his playing board. We’re complex, conflicted, loving, and curious agents exercising our reason and judgment to help our families, friends, and neighbors—and to discover needed goods and services as well as the viable means for delivering them.

People are, sadly, suffering and dying because of coronavirus, the harms from which are planetary in scale. We should remember, all of us, amid hardships and confusion, isolation and loss, disruption and sorrow, to appreciate the small, entrepreneurial miracles that have widespread and salubrious effects—like turning vodka into pocket-sized, germ-killing gel!

To distillers everywhere, let’s raise a glass. Cheers! Salud! Yamas! Kanpai! Prost! Saúde! Chin chin! Noroc! Skål! Ganbei! Geonbae! Gesondheid! Santé! 

Thank you, and here’s to your health.

Civility, Humility, and the Pursuit of Knowledge

In Arts & Letters, Humanities, Law, Libertarianism, Pedagogy, Philosophy on March 25, 2020 at 6:45 am

The following speech was given to the Furman University Conservative Student Society on February 24, 2020. The American Institute for Economic Research published this speech here.

Good evening.  I’ve come from Alabama, but without a banjo on my knee.

It’s always nice to be back at Furman University, my alma mater, where memories of my professors, late evenings in the library, campus strolls around the lake, football games, fraternity shenanigans, ex-girlfriends, meals in the dining hall, rounds of golf, great books and profound discoveries all come rushing back to me with haunting vividness and intensity.

The day I moved into my dorm room, just before orientation began, was sad and exciting and frightening and chaotic. I pulled out of my parents’ driveway in Atlanta that morning to the melodies of James Taylor singing that he was gone to Carolina in his mind. A couple of hours later I was gone to Carolina, too, but not just in my mind.

I parked my blue Ford pickup on the fields beside Blackwell where the SUVs and other pickups were parked or parking. My parents, who had followed me to Greenville in their car, parked in what’s now the Trone Student Center parking lot. Back then it was mostly dirt and gravel except for some paved spaces near the coffee shop, which became a Starbucks Coffee but is now, I’m told, part of the on-campus bookstore. My parents helped me to unload the stuff of my old life and to arrange my dorm room for my new life.

My roommate hadn’t arrived yet. I claimed one side of the room and began filling my dresser, desk, and closet with things. Since I appropriated one section of the room, I wanted my roommate, Bill, to choose the top or bottom bunk for himself. We’d spoken only once before, by phone, a pitiful attempt by two distant, disembodied voices to share in a matter of minutes deep convictions, career ambitions, and preferred hobbies. Bill informed me years later that our initial phone conversation had discouraged him. I was coming to college with my high school girlfriend, so he presumed I would be fully invested in passionate romance and uninterested in secondary friendships.

Were it not for my girlfriend, he would have been correct. She, a socialite and a cheerleader, was the type who always searched for bigger and better things, who elevated revelry to the supreme virtue. To keep up with her, I had to fritter away precious hours at parties and functions and bars. She grew bored of me eventually, and found herself in the arms of many other freshmen boys that year. Or rather, they found themselves in hers; she was the aggressor.

I was talking about Bill’s arrival. He materialized in the dorm room out of nowhere and with an entourage of relatives: his mother and Irish Catholic stepfather (God rest his soul) and his aunts and uncles and cousins and who knows what else besides. They swept into the room, a noisy spectacle, and everyone was introducing themselves and moving furniture and clothes and electronics and sporting equipment that was never used and encyclopedias that were never opened.

What would’ve taken my parents and me several trips to unpack took Bill only one. That’s how many people attended him and serviced his every need. It was impressive, really, as though I were in the presence of royalty. He was rich, in fact, and made a point of displaying his wealth. Only our dorm room seemed bare, too plain and unadorned for this princely graduate of a distinguished private high school in Columbus, Ohio. So the next thing we knew we were at the finest of fine establishments, Walmart, buying decorations. I had the clever idea to acquire signs with which to adorn our door: a stop sign, a men’s and women’s restroom sign, and whatever other signs I cleared from the hardware section. Bill eyed these curious treasures skeptically but assented to their purchase. He’d known me only about an hour. Best not to upset the poor Southerner over these procurements, the magnanimous Yankee must’ve thought.

By mid-afternoon our room was fully furnished. Our new hall mates stopped by to introduce themselves, allured by the bewildering array of signage on our door, which, in the Tate, would have resembled a modernist masterpiece: a condemnatory symbol of the directionless chaos of the consumerist decade we were leaving behind. (It was, after all, 2001.) A crowd developed in our room. We were instantly popular. Bill seemed to appreciate, at length, my unique design tastes.

Bill and I decided to look around after everyone left. Where, we wondered, was the laundry room? We needed to find out, maybe even to experiment with the washer and dryer since we had never used either before. We found the laundry room musty and tucked away in the basement. At least the machines, despite their coin slots, no longer required quarters. I noticed a button on the wall beside a green light. “To test carbon monoxide levels,” read an adjacent sign, “press button when light is green.” I didn’t know much about carbon monoxide, but suddenly had the urge to test its levels.

I pressed the button. The fire alarm erupted; red lights flashed on and off. Bill shot me a glare that conveyed anger, panic, and amusement all at once. Which feeling prevailed, I couldn’t say.

We needed to flee. We knew it was illegal to stay in the building, but also that we weren’t in danger, that there wasn’t a fire, so we repaired to our room. The hallways were empty. No one saw us sneaking up the stairs. Once in our room, we determined to wait out the alarm. Eventually, we knew, everyone would come filing back when no fire was detected.

So we sat. And we sat. And we sat, completely silent. Then came a loud knocking at the door. Wham! Wham! Wham!

I stood, frightened. Bill stared at me, desperately shaking his head as if to say, “Do not open the door!”  I paused out of deference. The knock came again: Wham! Wham! Wham! “I’m sorry,” I said, “I have to open it.”  Bill buried his face in his palm.

I opened the door. There before me, standing six foot six, muscles bulging, stood a firefighter in full gear. From behind his goggles, which were affixed to his helmet, he looked me up and down, head to toe. This is it, I thought. I am going to be arrested on my first day on campus, and I’m taking my innocent roommate with me.

Speechless, I offered my wrists for the cuffing, obsequiously extending my arms. The firefighter lifted his goggles, revealing brown button eyes, and removed his helmet. He looked at me and then behind me, back at me and then behind me again. It struck me that he was examining the door. “I’m sorry,” he said. “I thought this was the bathroom.”

“The bathroom’s over there,” I said, pointing down the hall.

“Thank you,” he said, and walked away.

I closed the door. Bill sighed with relief and then he and I roared with laughter.

I remember my first day of class. It was early, Introduction to Philosophy with Dr. Sarah Worth. After class I walked back to the dorms. A guy named Jonathan Horn, who lived on what was then the Sigma Chi hall on the ground floor, intercepted me. He was animated and flustered. I had played little league baseball with him back in Marietta, Georgia, when I was seven or eight, but had not seen him again until orientation week. He was now a rising sophomore in college. I don’t recall how we established that we’d been teammates long ago, but we made the connection. He was the first student to show me around campus and to introduce me to the fraternity ecosystem. At this particular moment, he was frazzled and going on about how an airplane had crashed into the World Trade Center. I was confused, not really knowing what the World Trade Center was. “You know,” said Jonathan, “that tall building with offices and restaurants and stuff on top.”

I didn’t know, and had assumed that whatever struck the building had been small: a glider or an ultralight. I walked up the stairs to my room and turned on the television. Moments later a second plane—a large commercial airliner—crashed into the Twin Towers, and I saw, or at least seem to recall, people leaping from the monstrous building to their deaths. I was horrified and scared and confused, still so very confused, and tried calling my dad’s cell phone because I knew he was flying to New York that morning.

We had a land line in our dorm room: a phone that plugged into the wall. Only a few students carried cell phones back then. It was the first year I hadn’t worn a pager on my belt. My parents had given me a cell phone the week before, but I didn’t use it—and wouldn’t use it regularly until spring semester, when cell phones suddenly proliferated across campus. My dad didn’t answer his phone. I assumed the worst and tried calling mom. Eventually I got ahold of her. She had, she assured me, spoken to dad. He was okay. Now she was trying to locate her brother, my uncle, who’d also flown to New York that day, or maybe was in New York already for work. In either case, he was eventually accounted for.

The first day of college is disorienting and momentous, one of those rare occasions when you’re acutely aware of the gravity of the moment you’re experiencing. For my classmates, though, that day was disorienting and momentous, not just for us, but for the entire country, perhaps the entire planet. It marked the end of an era. I was a grownup, and so, too, was the United States of America. The ideas and books my classmates and I discussed that semester, and for the next few years, took on a furious intensity. Everyone, it seemed, was debating weighty and difficult questions: What was America? What was terrorism? Who was responsible for this attack? What was just war? What were the differences between Islam, Christianity, and Judaism? What was totalitarianism? What is Western Civilization and Eastern Civilization? Weren’t there other civilizations? What the hell was civilization? What was the difference between a conservative and a liberal? How do you accommodate differences in beliefs, feelings, and opinions within a diverse populace? What were facts, and how could people arrange them differently to produce competing narratives?

My high school sweetheart broke up with me a few weeks into freshmen year. I was devastated and buried myself in books. Bill, to his credit, grew concerned and suggested that I meet with his English professor, Judy Bainbridge, for advice and direction. He watched me reading and writing poetry in the evenings, slowly disengaging from the social scene, spending countless hours in the library with books that weren’t assigned in my classes. He thought I needed an intervention.

He was right. I met with Dr. Bainbridge and showed her some of my poetry, which did not impress her. I don’t remember much about our conversation, but I recall her recommendation that I take certain courses with certain professors, and also that I join both the college Republicans and the college Democrats so that I could be exposed to different viewpoints and learn to avoid ideological complacency. I followed her advice, joined both organizations, and throughout my time at Furman tried to keep an open mind about, well, everything.

I majored in English and quickly adopted convictions that I considered to be leftist—in particular in the field of economics of which I was ignorant—because I wanted to do good, be nice, and help those who were less fortunate. Turns out I still desire those goals, only now I have a more principled and mature approach that in our current intellectual climate would be considered conservative or libertarian. This approach is predicated, not on how much I know, but on how much I don’t know. I have F.A. Hayek to thank for my epistemological commitments.

The development of the legal system demonstrates the importance of maintaining conflict at the level of rhetoric and persuasion, the alternatives to coercion and force

I have spent over a decade studying former United States Supreme Court justice Oliver Wendell Holmes Jr., who, to my mind, is one of the most misunderstood figures in our country’s history—a punching bag for commentators of various political persuasions. His book The Common Law tells the story of the evolution of the common-law system from its rude and primitive origins, when violence and personal vendetta characterized the arbitrary rule of kin and clan, to a more mature and sophisticated system involving public fora, courts and tribunals, administrative procedures, impartial juries, and the emergence of general principles out of concrete cases regarding unforeseeable conflicts between antagonistic parties.

This tidy account details how vengeance and passion yielded to reason, rhetoric, and rationality as argumentation and persuasion took the place of blood feuds as the operative form of dispute resolution. I’m reminded of Aeschylus’s great trilogy, The Oresteia, which consists of tragedies that mythologize the founding of a rational Greek legal system that supplanted the carnage and recklessness of the grand age of Homeric gods and heroes who warred without end. You might find a distinctively American version of this myth in the television series Deadwood, which traces the development of government and law in a chaotic Western town.

I bring up Holmes and Aeschylus and Deadwood to suggest to you the immense importance of free and open dialogue, of rational argumentation and civil disagreement. Civilization itself—that is, a state of human society that is organized, peaceful, and prosperous, consisting of science, industry, arts, and literature—is potentially at stake when disagreement is no longer maintained at the level of rhetoric and resolved through persuasion and procedure. In the absence of ongoing conversation and debate, we risk falling into the chaos and violence and internecine strife that destabilize and destroy civil societies.

Before the Civil War, the idealistic young Holmes—then known as Wendell—flirted with transcendentalism. Having fought in the 20th Massachusetts during the Civil War and having experienced firsthand the carnage of battle, he spent his later career as a jurist seeking to accommodate disagreement, diffuse conflict, and moderate uncompromising political forces that threatened to bring about widespread violence. He did not want to witness another Civil War.

When I worked at the Alabama Supreme Court, I handled hundreds if not thousands of cases. Appellate cases provide edifying examples of the centrality of patience, humility, tenacity, and open-mindedness to problem-solving and unfettered inquiry. I would read appellants’ briefs that convinced me of the rightness of their clients’ positions. Then I would turn to the appellees’ briefs that seemed equally persuasive. Had I been tasked with deciding between the appellant and the appellee using my isolated reason and judgment, I would have struggled and despaired and probably arrived at erroneous conclusions. Fortunately, though, I had not only my colleagues to assist me, but innumerable precedents in prior cases and hundreds of years of development in the law to guide me. The appellant and the appellee were just two parties to a larger conversation that had endured in varying forms for centuries. Resolving their particular dispute required an exploration of the reasoning and rationale of several judges faced with similar facts and issues.

We learn by similar processes. Stuck between competing arguments, torn between opposing positions, we suspend judgment, or should, until we have analyzed the relevant facts and issues and mined the past for like situations and instructive examples. We should question our presuppositions and examine complex conflicts from different angles. Aware that knowledge is limited, memory is selective, and perspective is partial, we must avoid the trap of ideology, which causes people to choose what they believe and then to find support for it, or to draw complicated ideas through simplistic formulae to generate favored outcomes.

College should be about discovery, learning, and the acquisition and transmission of knowledge. It should involve inquiry and curiosity, challenge and exploration, forcing us to shape and revise our beliefs, to pursue clarity through rigorous study. The Book of Proverbs submits that fools despise wisdom and instruction.[1] To avoid foolishness, we must be teachable. And we must learn our limitations.

Learning our limitations

Across the hall from me, on the top floor of Manly Hall, during my freshman year at Furman, lived my friend Andre, a kicker on the football team.  He was affable and happy, the kind of person you wanted around when you told jokes because of his contagious laughter. He was much bigger than I was, though not as large, say, as an offensive or defensive lineman, and one day we wrestled on the floor right there in the hallway of the dorm. It was all for fun, but a real contest of manly strength with actual pride and reputation at stake. Several of our hall-mates watched and cheered as Andre wrapped me up like a pretzel and pinned me to the ground in an impressive show of force. At first I tried to maneuver out of his iron grip but, realizing I lacked the strength, I simply submitted, defeated and docile, waiting for him to release me.

I had lost, and was genuinely surprised by the ease with which I had been conquered. I realized that, given my size, I possessed only so much physical power, and that someone of greater size and strength could, quite efficiently, subdue me. You would think that common sense, or a basic understanding of physical reality, would have led me to that conclusion already, but I was young and hubristic. At some point, a short man must acknowledge he’s short. A slow man must acknowledge he’s slow. A clumsy man must acknowledge his inelegance. We’re not all mathematicians, rocket scientists, or geniuses. But to realize our fullest potential, to maximize our ability to know things and accomplish our goals, we must discover our strengths and weaknesses. We can’t be who we’re not, but we can make the best of who we are.

Aesop, a slave in the ancient world whose fables have been told since at least the 6th century B.C., tells of the Proud Frog, the mother of several little froglets. One morning, while she was away, an ox, not seeing the froglets, stepped on one and squashed him to death. When the mother returned, the froglet brothers and sisters croaked and squeaked, warning their mother of the enormous beast that had killed their brother. “Was it this big?” the mother asked, swelling up her belly. “Bigger,” the children said. “This big?” she said, swelling her belly even more. “Much bigger,” the children said. “Was it this big?” she said, swelling her belly and puffing herself up with tremendous force. “No, mother, the beast was much bigger than you.” Offended, the mother strained and strained, swelling and puffing, swelling and puffing until—boom! She popped!

You see, we shouldn’t presume to be more than we are.

I learned years after graduation that, while he was in medical school, Andre entered the great, ever-growing family of the departed, having taken his own life for reasons I don’t know and probably couldn’t understand. Even today it’s hard for me to imagine what could have driven this fun-loving, kind, strong, and generous person to such unbearable, unspeakable despair.

Channeling human emotions through debate and rhetorical fora

Human beings are emotional and passionate. Our feelings, our tendencies towards anger and wrath, are not, however, necessarily bad. If someone were to enter this room and commit some violent atrocity, we would be horrified and enraged. When we hear grievous stories of innocents who have been slaughtered, deprived of their possessions, hurt, mistreated, or oppressed, we fume and demand responsive, retributive action. Anger towards some people suggests that we feel strongly towards other people, that we have the capacity, in other words, to love deeply, bond, and affectionately associate.

But our anger and wrath must be constructively channeled. The legal system provides a mechanism for managing the pain, outrage, hurt, and anger that threaten to disrupt social harmony. Consider The Eumenides, the last play in the trilogy, The Oresteia, which I mentioned earlier. Here is the backstory. Clytemnestra murdered her husband, Agamemnon, king of Mycenae, after he returned home to Argos from the Trojan War. She had taken a lover, Aegisthus, just as Agamemnon had taken a lover: the seer, Cassandra, whom Clytemnestra also murdered. At the behest of Apollo, Orestes, the son of Agamemnon and Clytemnestra, avenges his father’s death by killing both Aegisthus and Clytemnestra.

Now the Furies—three enraged goddesses in the form of beasts who are older than the Olympian gods and goddesses—relentlessly and recklessly pursue Orestes to avenge the murder of Clytemnestra. Apollo has given Orestes temporary refuge in the temple at Delphi, but Clytemnestra’s ghost rouses the passionate, bloodthirsty Furies into uncontrolled passion. They are shocked and angered by unpunished matricide. Athena intervenes to assemble a jury and hold a public trial in which the prosecuting Furies will argue their case and Apollo will serve, in effect, as Orestes’s defense attorney.

The jury splits, leaving Athena to cast the deciding vote. The Furies worry that if Athena opts to acquit Orestes, she’ll usher in an era of lawlessness. They believe that order and the integrity of the ancient law depend on killing Orestes. To them, Orestes’s murder is especially offensive because Clytemnestra is the mother, the fertile figure, the bearer of life from whose womb Orestes emerged into the cosmos. An attack on the mother is an attack on life itself, on the very continuity of human existence.

Athena is faced with a seemingly zero-sum situation: she must either spare Orestes’s life and enrage the Furies, who will unleash their lethal rage on society, or give the Furies what they wish, namely Orestes’s death, and thereby inflame Apollo and the other Olympian gods. Violent revenge appears inevitable. A self-perpetuating cycle of violence seems destined.

The Furies are wild, destructive, and vindictive. Athena in her divine wisdom recognizes, however, that they are indispensable to the law precisely because of those qualities. If someone is murdered, the legal system must bring about justice and mete out coercive punishment. The emotions and passions that animate revenge must be mediated, however, through formal and public processes, procedures, and protocols to ensure that they do not spin out of control, infecting whole populations beyond the immediate parties to a case. The legal system, by bringing conflicts into the field of rhetoric, argumentation, and persuasion in open fora governed by procedural rules, mitigates the intensity of the parties’ passions and emotions, which must be channeled through formal institutions and subjected to public scrutiny.

So what does Athena do? She splits the baby, as it were, by voting to free Orestes and by promising the Furies a high seat on the throne of her city, where they will enjoy everlasting honor and reverence. Of course, she must persuade the Furies of the rightness of this resolution. She does so with such effectiveness that her persuasion is likened to a “spell”; the Furies call her rhetoric “magic.” “Your magic is working,” the leader of the Furies submits. “I can feel the hate, / the fury slip away.”

Like Holmes, Athena despised civil war. “Let our wars / rage on abroad, with all their force, to satisfy / our powerful lust for fame,” she says. “But as for the bird / that fights at home—my curse on civil war.” She has pacified the hateful Furies and established a system of conflict resolution, not just for this matter but for all future matters.

Dealing with the inevitability of conflict

Imagine, if you will, that you could press a reset button that erased all memory and knowledge of the past but that instilled in each of us one definite principle, namely that every person by virtue of being human deserves to live freely and peaceably until visited by a natural death. This button would provide humanity with a clean slate, as it were. A fresh beginning. But it wouldn’t be long before inevitable conflicts arose. Accidents would happen. People would get hurt. Emotions and passions would be inflamed as a result. We seem to be wired to favor family over strangers, and to desire healthy and prosperous lives for our children. We want to maximize our wellbeing, sometimes at the expense of others’ wellbeing. Given the option to help our children or the children of some faraway stranger, we choose our children, the beings we brought into the world, on whose behalf we labor, weep, and rejoice.

Even if we could start over, struggle, contest, fighting, and feuding would arise. In light of the inevitability of conflict, we must make every effort to restrain it at persuasion and rhetoric. The university as an ideal represents a kind of intellectual forum where the sharpest minds come to debate, not the case of a client, but of an idea. Courtrooms provide spaces for litigants to have it out, so to speak, whereas universities provide spaces for scholars to test and debate facts and theories.

Universities are like courtrooms where competing ideas are given a hearing; the principle of rule of law over arbitrary and tyrannical rule should govern inquiry on campuses

We could think of the university as a legal system in which intellectuals “litigate” differing viewpoints before juries of intellectual peers who are committed to the advancement of knowledge and the clarity of ideas. We evaluate legal systems based on their tendency toward tyranny on the one hand and rule of law on the other. A tyrannical legal system is characterized by arbitrary commands, private vendettas, rapidly changing rules and standards, retroactive application of new rules and standards, lack of procedure and due process, and ambiguity.

By contrast, rule of law consists of general, regular, stable, and public rules regarding fundamental fairness that play out in established processes, procedures, and protocols. The university and the legal system realize the benefits of receiving and transmitting knowledge through open dialogue and debate, of resolving complex disputes through argumentation rather than physical force and intimidation, of settling controlling precedents through the aggregated decisions of innumerable minds, of suspending judgment on controversial matters until discovery procedures and deliberative processes have been exhausted, and of appealing contested judgments to additional, impartial bodies that will analyze the facts, evidence, and operative rules from a more removed vantage point.

Violent protests, no-platforming and de-platforming, dis-invitations, the shouting down of controversial speakers, or of blacklisting, harassing, threatening, or doxing them—these push us in the direction of arbitrary and tyrannical rule rather than the rule of law. They foment anger and outrage and privilege immediate vengeance over rational, procedural argumentation. They inhibit learning and deprive others of the opportunity to understand people and issues with greater clarity. They rouse emotions and passions that are antithetical to civility and humility.

College students should, in my view, think of themselves as judges in training—not in the sense that they will preside in courtrooms or manage and decide cases, but in the sense that they will be constructive participants in their civic and intellectual communities, cultivating the standards, norms, and discernment necessary to improve the lives and institutions of their family, friends, neighbors, colleagues, cities, counties, states, and country. They may not render binding judgments, but they will exercise judgment.

You cannot refine your logic and reasoning, your critical thinking, your ability to formulate cogent arguments, without considering diverse ideas with which you disagree. And when you identify an idea with which you disagree, you should adopt a Socratic approach to it, asking question after question until you grasp at a deeper level why you disagree and how to articulate your disagreement in a manner that persuades others to your position.

Good judges are patient, diligent, competent, credible, independent, and impartial. They avoid not just impropriety, but appearances of impropriety. They eschew favoritism. Confidence in their office and judgment depends upon their integrity, high standards of conduct and method, and prioritizing of truth, evidence, and fact over private interests and biases. They are not influenced by familial, financial, or political factors but courteously committed to fair processes, correct answers, sound research, substantiated arguments, and reasonableness. The best judges and professors I have met over my career are those whose personal political convictions, and whose attitude regarding partisan elections or newsworthy current events, were unknown to me.

The lesson of the Furies is that violence breeds violence, and that coercion breeds coercion. If you stifle speech, rough up speakers, intimidate them, prohibit them from airing their opinions, you generate backlash, maybe not right away, maybe not in a form that you’ll immediately recognize, but forces will work to meet your anger with anger. Intellectual inquiry has difficulty flourishing in a climate of radioactive anger and toxic outrage.

Unleashing fury upon those who express views with which you disagree will only jeopardize your credibility, and might just empower the ideas you’re seeking to discredit. Ideas that appear taboo or transgressive often spread when powerful forces seek to suppress them. The paradox of the martyr, of course, is that his or her power resides in defeat, in death. The voice of the martyr is loudest once he or she has been permanently silenced. There’s a reason why passive resistance and civil disobedience are so effective in the long run.

The Apostle Paul wrote that Jesus had told him—perhaps through a vision or a revelatory inner voice—“My power is made perfect in weakness.” Another paradox: strength resides in meekness and mildness. If you are utterly convinced of the rightness of certain views that you sincerely hold, then constructively to advance them, to see them succeed in the long run, you should air them from a position of meekness and mildness. Spreading them with coercion or force will probably fail. Even those who outwardly manifest the signs of a convert might inwardly reject the views they purport to have adopted. Beliefs are dubious that depend for their advancement on the use of coercion and force. A resort to violence in the name of an idea suggests that arguments for that idea are unpersuasive. In the absence of articulated reasoning against certain views, those views gain credence and currency. Attempting to stamp them out through coercion or force is counterproductive.

Civility and humility are therefore indispensable to the pursuit and acquisition of knowledge.

I’ll end with the wisdom of Aesop’s fable “The Cat and the Fox.” The fox, you see, was braggadocios, boasting to the cat about all the things he could and would do if he were attacked by hunting hounds. The modest, sensible cat replied to the haughty fox that she, having only one simple trick to escape dogs, wasn’t so clever. “If my trick doesn’t work,” she sighed, “then I’m done for.”

The fox, laughing, mocked the cat for her lack of cunning. “Too bad you’re not as smart as I am,” he taunted. As soon as these words issued from his snout, a pack of hounds descended upon him. The cat resorted to her one trick and escaped. The fox, however, tried several tricks, each craftily, but they didn’t work. The hounds snatched him up and tore him to shreds, filling their bellies with bloody fox meat.

Friends, my fellow Furman paladins, don’t be the fox. Please, don’t be like him. There are always dogs—and cats for that matter—who are better and smarter than you are. There are always powerful forces beyond your control. Be sensible lest they swallow you up. Be humble and teachable, know your strengths and weaknesses, and suspend judgment on important and controversial matters until you have considered them from different angles and, if possible, examined all relevant data. Unless and until you do these things, you won’t acquire and transmit knowledge with your fullest potential.

 

 

 

 

 

[1] Proverbs 1:7.

Should Libertarians Care About the Constitution?

In American History, History, Law, Libertarianism on March 4, 2020 at 6:45 am