See Disclaimer Below.

Archive for the ‘Literary Theory & Criticism’ Category

Transnational Law: An Essay in Definition with a Polemic Addendum

In Arts & Letters, Austrian Economics, Economics, Humane Economy, Humanities, Jurisprudence, Law, Law-and-Literature, Libertarianism, Literary Theory & Criticism, Rhetoric & Communication, Transnational Law on May 24, 2011 at 8:56 pm

Allen Mendenhall

The Libertarian Alliance (London, U.K.) has published my article “Transnational Law: An Essay in Definition with a Polemic Addendum.”  View the article here, or download it from SSRN by clicking here.  I have pasted the abstract below:

What is transnational law? Various procedures and theories have emanated from this slippery signifier, but in general academics and legal practitioners who use the term have settled on certain common meanings for it. My purpose in this article is not to disrupt but to clarify these meanings by turning to literary theory and criticism that regularly address transnationality. Cultural and postcolonial studies are the particular strains of literary theory and criticism to which I will attend. To review “transnational law,” examining its literary inertia and significations, is the objective of this article, which does not purport to settle the matter of denotation. Rather, this article is an essay in definition, a quest for etymological precision. Its take on transnationalism will rely not so much on works of literature (novels, plays, poems, drama, and so forth) but on works of literary theory and criticism. It will reference literary critics as wide-ranging as George Orwell, Kenneth Burke, and Edward Said. It will explore the “trans” prefix as a supplantation of the “post” prefix. The first section of this article, “Nationalism,” will examine the concept of nationalism that transnationalism replaced. A proper understanding of transnational law is not possible without a look at its most prominent antecedent. The first section, then, will not explore what transnationalism is; it will explore what transnationalism is not. The second section, “Transnationalism,” will piece together the assemblages of thought comprising transnationalist studies. This section will then narrow the subject of transnationalism to transnational law. Here I will attempt to squeeze several broad themes and ideals into comprehensible explanations, hopefully without oversimplifying; here also I will tighten our understanding of transitional law into something of a definition. Having tentatively defined transnational law, I will, in section three, “Against the New Imperialism,” address some critiques of capitalism by those cultural critics who celebrate the transnational turn in global law and politics. Although I share these critics’ enthusiasm for transnational law, I see capitalism – another hazy construct that will require further clarification – as a good thing, not as a repressive ideology that serves the wants and needs of the hegemonic or elite.

Interview with Troy Camplin, Interdisciplinary Scholar and Author of Diaphysics

In Arts & Letters, Austrian Economics, Communication, Creative Writing, Humanities, Information Design, Libertarianism, Literary Theory & Criticism, News and Current Events, Pedagogy, Rhetoric, Teaching, Theatre, Western Kentucky University, Writing on May 18, 2011 at 3:30 pm

Allen Mendenhall interviews Troy Camplin.

 

Troy Camplin holds a Ph.D. in humanities from the University of Texas at Dallas.  He has taught English in middle school, high school, and college, and is currently taking care of his children at home. He is the author of Diaphysics, an interdisciplinary work on systems philosophy; other projects include the application of F.A. Hayek’s spontaneous order theory to ethics, the arts, and literature. His play “Almost Ithacad” won the PIA Award from the Cyberfest at Dallas Hub Theater.  
 

 

Q:  Your interdisciplinary background seems to lend itself to commentary on this site.  Tell us a bit about that background and a bit about your thoughts on the value of interdisciplinary scholarship.

A:  I have an unusual educational background that I only made more unusual in my independent studies. My undergraduate degree is in Recombinant Gene Technology, with a minor in chemistry, from Western Kentucky University. When I am interested in something, I spend all of my time learning about it. So, as an undergrad, I not only learned about molecular biology through my classes, but also in my independent reading. I read the journals and I read even popular works on molecular biology. This led me to John Gribbin’s book In Search of the Double Helix, in which he talks a great deal about quantum physics. I didn’t know a thing about quantum physics, and I really didn’t understand what he was saying about it in that book, so I decided to read his other books on quantum physics, including In Search of Shroedinger’s Cat. I cannot say I understood quantum physics much after reading that book, either, but I was hooked, and read every popular book on quantum physics I could read. In addition, I ran across several other popular science books that introduced me to what would become much more central to my thinking, including Gleick’s Chaos and Ilya Prigogine’s works on self-organization. These provided several of the seeds of my development as an interdisciplinary scholar.

Another element to my interdisciplinary development was a class I pretty much lucked into. Undergraduates have to take several required courses, of course, and one semester I wanted to take a New Testament class with Joseph Trafton (who was highly recommended, and whose class I eventually did take), but it was full. So I took an Intro. To Philosophy class just to get the hours in that section in. By chance I chose a class taught by Ronald Nash—a random choice that ended up changing my life completely.

Nash taught his class using three texts: a collection of Plato’s dialogues and two books Nash himself wrote. One of the books Nash wrote was Poverty and Wealth: A Christian Defense of Capitalism. It was through Nash that I was introduced to free market economics. I was hooked. I read everything I could find in the university library with the word “capitalism” in the title or as the subject. I read Walter Williams, Milton Friedman, Hayek, and a little book titled Capitalism: The Unknown Ideal  by Ayn Rand. The latter, of course, led me to Atlas Shrugged, and that led me to the rest of her work. Rand hooked me on the idea of being a fiction writer and made me interested in philosophy. I began reading the fiction writers she loved (and the ones she hated, to see why) and the philosophers she loved (and the ones she hated, to see why). I read and fell in love with Victor Hugo and Dostoevsky, Aristotle and Nietzsche. Particularly Dostoevsky and Nietzsche, whose tragic worldviews were deeply appealing to me. Nietzsche deepened my appreciation for philosophy, and introduced me to tragedy. Read the rest of this entry »

Andrew Ferguson on “Converting Mamet”

In Arts & Letters, Austrian Economics, Conservatism, Economics, Humane Economy, Literary Theory & Criticism, Politics, Rhetoric, Theatre on May 17, 2011 at 8:06 am

Allen Mendenhall

The following post appeared at Austrian Economics and Literature.

______________________________________________________________________

Although I do not read The Weekly Standard unless James Seaton has contributed an article or review (read Seaton’s review of Paul Cantor and Stephen Cox’s Literature & The Economics of Liberty at this link), I was pleased and intrigued by this recent article by Andrew Ferguson that addresses the political conversion of America’s most famous living playright, David Mamet.  Ferguson opens the piece with this:

Three decades ago David Mamet became known among the culture-consuming public for writing plays with lots of dirty words. “You’re f—ing f—ed” was a typically Mamet-like line, appearing without the prim dashes back in a day when playwrights were still struggling to get anything stronger than a damn on stage. Mamet’s profanity even became a popular joke: So there’s this panhandler who approaches a distinguished looking gentleman and asks for money. The man replies pompously: “ ‘Neither a borrower nor a lender be’ —William Shakespeare.” The beggar looks at him. “ ‘F— you’ —David Mamet.” 

Some critics said his plays were pointlessly brutal. As a consequence he became famous and wealthy. It didn’t hurt when it dawned on people that many of his plays, for all the profanity and brutality, were works of great power and beauty, and often very funny to boot. When people began to say, as they increasingly did by the middle 1980s, that the author of Speed-the-Plow and American Buffalo and Lakeboat had earned a place in the top rank of the century’s dramatists, no one thought that was a joke. He took to writing for the movies (The Verdict, The Untouchables, Wag the Dog), won a Pulitzer Prize for one of his masterpieces (Glengarry Glen Ross), and moved to Holly-wood, where he became a respected and active player in the showbiz hustle.

Ferguson goes on to describe a speech at Stanford in which Mamet expressed his disenchantment with higher education:

Higher ed, he said, was an elaborate scheme to deprive young people of their freedom of thought. He compared four years of college to a lab experiment in which a rat is trained to pull a lever for a pellet of food. A student recites some bit of received and unexamined wisdom—“Thomas Jefferson: slave owner, adulterer, pull the lever”—and is rewarded with his pellet: a grade, a degree, and ultimately a lifelong membership in a tribe of people educated to see the world in the same way.

“If we identify every interaction as having a victim and an oppressor, and we get a pellet when we find the victims, we’re training ourselves not to see cause and effect,” he said. Wasn’t there, he went on, a “much more interesting .  .  . view of the world in which not everything can be reduced to victim and oppressor?”

This led to a full-throated defense of capitalism, a blast at high taxes and the redistribution of wealth, a denunciation of affirmative action, prolonged hymns to the greatness and wonder of the United States, and accusations of hypocrisy toward students and faculty who reviled business and capital even as they fed off the capital that the hard work and ingenuity of businessmen had made possible. The implicit conclusion was that the students in the audience should stop being lab rats and drop out at once, and the faculty should be ashamed of themselves for participating in a swindle—a “shuck,” as Mamet called it. Read the rest of this entry »

Wallace Stevens and Imagination

In Arts & Letters, Communication, Communism, Conservatism, Creative Writing, History, Imagination, John William Corrington, Literary Theory & Criticism, Pragmatism, Rhetoric, Santayana, Wallace Stevens, Western Civilization, Writing on May 4, 2011 at 10:54 pm

Allen Mendenhall

This post first appeared here at themendenhall.

____________________________________________________________

It would seem at first blush that American modernism is incompatible with American conservatism.  But this impression pivots on a too-narrow conception of both “modernism” and “conservatism.”  The aesthetes who animated modern American poetry were, many of them, social and political conservatives.  This fact has been lost on those intellectuals who do not admit or acknowledge alternative and complicating visions of the world in general and of modernism in particular.  In the wake of the radical 1960s, many intellectuals simply ignored the contributions of the conservative imagination to literature, preferring to will away such unpalatable phenomena by pretending they do not exist.  However well-meaning, these intellectuals either assume without much hesitation or qualification that all modernist theories and practices were progressive, or they brush under the rug any conservative tendencies among writers they admire.  American modernism was progressive in its adaptation of forms, but it does not follow that avant-garde aesthetics necessarily entails progressive political programs.  Nevertheless, under Frankfurt School and Marxist auspices, among other things, the literati and others in the academy have rewritten the history and thought of modernist American poetry to purge it of all conservative influence.  George Santayana, Allen Tate, T.S. Eliot, Yvor Winters, Marianne Moore—these individuals, according to progressive mantras, were intellectually challenging and therefore, the argument goes, politically leftist.  Such revisionism will not do. Read the rest of this entry »

Law and the Ordinary, by Alexandre Lefebvre

In Arts & Letters, Communication, Jurisprudence, Law-and-Literature, Literary Theory & Criticism, News and Current Events, Politics, Rhetoric, Rhetoric & Communication, Writing on April 13, 2011 at 10:32 pm

Allen Mendenhall

One of my favorite journals, Telos, has published an essay that might interest readers of this site.  The essay, by Alexandre Lefebvre, is titled “Law and the Ordinary: Hart, Wittgenstein, Jurisprudence.”  Here is the abstract:

This essay argues that H. L. A. Hart’s concept of jurisprudence in the first chapter of The Concept of Law is strongly influenced by the relationship that Wittgenstein establishes between ordinary and metaphysical language. The article is divided into three sections. The first section shows how jurisprudence emerges as a denial of ordinary language in its pursuit of a definition of law. The second section traces Hart’s use of ordinary language to identify idleness or emptiness in jurisprudence. The third section presents Hart’s conception of his work as therapeutic in its attempt to lead jurisprudence back to the everyday.

Telos is one of the few literary-theoretical journals that regularly challenges the critical and political orthodoxy that pits itself, ironically, as the unorthodox, progressive, or transgressive.

Indeed, Telos seriously considers repressed, unpopular, and unapproved thoughts and theories. It complicates “conservative” and “liberal” as meaningful categories of discourse.

Having published such controversial authors as Paul Gottfried, Clyde Wilson, Alain de Benoist and others who situate themselves on the right-wing of the political spectrum, Telos is committed to contemplation and speculation, to profound and difficult ideas and not fashionable or typical recitations of mainstream opinions.

The journal has a long history of interrogating and revising critical theory and critiquing culture and society, and it continues to publish notable scholarship in traditions both left and right, although the signifiers left and right are not useful starting points from which to analyze anything that appears in this journal.

Paul Piconne was the founder and long-term editor of Telos.  Piconne died in 2004.  Today the editor is Russell A. Berman.  The only publication as daring and interesting as Telos is Counterpunch, a political newsletter and not an academic journal.  I urge readers of this site to read both Telos and Counterpunch as often and as closely as possible.

Law & Literature: A Basic Bibliography

In American History, Arts & Letters, Law-and-Literature, Legal Education & Pedagogy, Literary Theory & Criticism, Nineteenth-Century America, Novels, Pedagogy, Politics, Rhetoric, Rhetoric & Communication, Semiotics, Slavery, The Literary Table, The Supreme Court, Western Civilization on April 2, 2011 at 9:16 pm

Patrick S. O’Donnell compiled this bibliography in 2010.  He teaches philosophy at Santa Barbara City College in California.  This bibliography first appeared over at The Literary Table

Amsterdam, Anthony G. and Jerome Bruner. Minding the Law. Cambridge, MA: Harvard University Press, 2000.

Atkinson, Logan and Diana Majury, eds. Law, Mystery, and the Humanities: Collected Essays. Toronto: University of Toronto Press, 2008.

Ball, Milner S. The Word and the Law. Chicago, IL: University of Chicago Press, 1993.

Bergman, Paul and Michael Asimow. Reel Justice: The Courtroom Goes to the Movies.  Kansas  City, MO: Andrew McMeels Publ., revised ed., 2006.

Best, Stephen M. The Fugitive’s Properties: Law and the Poetics of Possession. Chicago, IL: University of Chicago Press, 2004.

Binder, Guyora and Robert Weisburg. Literary Criticisms of Law. Princeton, NJ: Princeton University Press, 2000.

Biressi, Anita. Crime, Fear and the Law in True Crime Stories. New York: Palgrave, 2001.

Black, David A. Law in Film: Resonance and Representation. Urbana, IL: University of Illinois Press, 1999.

Brooks, Peter. Troubling Confessions: Speaking Guilt in Law and Literature. Chicago, IL: University of  Chicago Press, 2001.

Brooks, Peter and Paul Gewirtz, eds. Law’s Stories: Narrative and Rhetoric in the Law. New Haven, CT: Yale University Press, 1998 ed. Read the rest of this entry »

Joyce Corrington Publishes Fear of Dying

In Arts & Letters, Book Reviews, Creative Writing, John William Corrington, Literary Theory & Criticism, Novels, Writing on March 20, 2011 at 2:03 pm

Allen Mendenhall

The late John William Corrington, known to friends and family as Bill, was a novelist, poet, attorney, screenwriter, essayist, and philosopher.  He authored several books of varying genres.  Click here to read my profile of Bill in The Front Porch Republic.     

Bill and his wife Joyce Corrington, a scientist, wrote a series of novels together, including So Small a Carnival (1986), A Project Named Desire (1987), A Civil Death (1987), and The White Zone (1990).  After Bill’s death, Joyce wrote a fifth novel that was never published—until now.  This fifth novel, Fear of Dying, has been published as a Kindle ebook and is available here.

Joyce Corrington is a kind and generous woman who has helped me in many different ways over the last few years.  Please buy this book and, if you like it, review it for the Kindle site.

Cantor on Greenblatt and Shakespeare

In Arts & Letters, Austrian Economics, Book Reviews, Libertarianism, Literary Theory & Criticism, News and Current Events, Shakespeare on March 13, 2011 at 1:38 pm

Allen Mendenhall

Paul Cantor’s review of Stephen Greenblatt’s Shakespeare’s Freedom appears in this month’s issue of The American Conservative.  Greenblatt’s about-face means that my paper “Shakespeare’s Place in Law & Literature” will be dated upon publication, but that’s okay, because the trend of liberty is more important to me (and to society) than the timeliness of my research.

Literature and the Economics of Liberty

In Arts & Letters, Austrian Economics, Book Reviews, Communication, E.M. Forster, Law-and-Literature, Libertarianism, Literary Theory & Criticism on February 5, 2011 at 10:53 pm

Allen Mendenhall

Recently Jeffrey Tucker, editorial vice president of the Ludwig Von Mises Institute, interviewed me about capitalism, the free market, and literature.  We discussed, among other things, Marxism in literature and humanities departments.  Just days later, a review titled “Marx’s Return” appeared in the London Review of Books.  That shows how relevant my interview was and is.  The interview is below:

News of Note

In Arts & Letters, Law-and-Literature, Legal Education & Pedagogy, Literary Theory & Criticism, News and Current Events on January 14, 2011 at 9:40 pm

Allen Mendenhall

Giorgio Agamben is a critical legal-literary theorist whose work Homo Sacer I both admire and recommend.  This new edition addresses Agamben’s scholarship. 

Here is an interesting article for anyone considering law school.