See Disclaimer Below.

Archive for the ‘Literature’ Category

Allen Mendenhall Interviews J. Neil Schulman, Prometheus Award–Winning Author of Alongside Night

In Artist, Arts & Letters, Austrian Economics, Creative Writing, Creativity, Economics, Fiction, Film, Humanities, Imagination, Libertarianism, Literary Theory & Criticism, Literature, News and Current Events, Novels, Philosophy, Screenwriting, Television, Television Writing, Writing on January 17, 2012 at 9:00 am

J. Neil Schulman

J. Neil Schulman is a novelist, actor, filmmaker, journalist, composer, and publisher.  Among his many books are Alongside Night and The Rainbow Cadenza, both of which won the Prometheus Award.  Visit his website at http://jneilschulman.rationalreview.com/.

 

The following interview originally appeared here at Prometheus Unbound: A Libertarian Review of Fiction and Literature.

AM:  Right off the bat, it strikes me that I don’t know what to call you.  Will Neil work?

JNS:  Sure. It’s J. Neil Schulman in credits, and Neil in person.

AM:  Anyway, thank you for doing this interview, Neil.  You’ve had a fascinating and unique career.  You’ve written novels, short fiction, nonfiction, screenplays, and other works.  Which of your works is your favorite and why?

JNS:  Every artist gets asked this question sooner or later. I asked it of Robert A. Heinlein when I interviewed him in 1973, and his answer was, “The latest one I’ve been working on.”

I’ve only completed one movie so far — Lady Magdalene’s — so it’s a Hobson’s Choice on that one. Ask me again when I’ve made two! But a lot of people also seem to like the script I wrote for The Twilight Zone, “Profile in Silver.”

I’ve written three novels. My first, Alongside Night [editor’s note: free in pdf], seems to be my most accessible and popular. I consider my second novel, The Rainbow Cadenza, to be my most layered, literary, and richest in explicit philosophy. My third novel, Escape from Heaven, is my favorite. It may not be as timely as my first novel or literary as my second novel, but it’s the one that’s closest to my heart…both the funniest thing I’ve ever written, and the one which is most deceptively simple. It appears to be a lightweight piece of comic fantasy, but it’s full of ideas that if examined more closely turn both traditional theology and rationalist philosophy on their heads.

Short stories? I’ll pick a few: “The Musician,” “Day of Atonement,” and “When Freemen Shall Stand” — all in my collection Nasty. Brutish, and Short Stories — and my latest short story, “The Laughskeller,” published on my blog, J. Neil Schulman @ Rational Review.

AM:  Your worldview is, in a word, libertarian.  Why is that?  How does libertarianism come across in your writing?

JNS:  In my nonfiction essays it comes across explicitly. In fiction, drama, and comedy, I try to examine libertarian themes without preaching. I was probably most subtle doing this in The Rainbow Cadenza. The utilitarian politics advocated by the chief villain, Burke Filcher, is so self-consistent that a lot of readers have thought this character speaks for the author. In fact, I wrote the novel to attack utilitarianism as a nullification of the natural individual rights I believe in. The novel reduces utilitarianism to absurdity — it’s a formal satire of it.

Alongside Night is less subtle, though I’m probably more successful in the new movie script than the 1970s novel when it comes to letting the audience make up its own mind. I have learned some refinements of my craft in the last three decades.

Alongside Night by J. Neil SchulmanAM:  I recently noticed that you commented on a post at the Austrian Economics and Literature blog edited by my good friend Troy Camplin.  Tell me about the influence that Austrian economics has had on you.

JNS:  I would say that Austrian economics — and more fundamentally, the analytical tools of praxeology and games theory — have been fundamental to my work for my entire professional career. They’re not the only tools in my kit, but they get shopworn as much as any of them. Austrian economics is most explicit in Alongside Night, projecting the social and political consequences of fiat money hyperinflation — but I used games theory in plotting “Profile in Silver” and applied praxeology to the afterlife in Escape from Heaven. Read the rest of this entry »

Law and Literature at the Seventh Annual Meeting of the Property and Freedom Society

In Arts & Letters, Austrian Economics, Conservatism, Economics, Humane Economy, Humanities, Law, Law-and-Literature, Libertarianism, Literary Theory & Criticism, Literature, News and Current Events, News Release, Philosophy, Politics, Western Philosophy on January 14, 2012 at 9:55 am

Allen Mendenhall

The Seventh Annual Meeting of the Property and Freedom Society will take place in Bodrum, Turkey, at the Hotel Karia Princess, from Thursday, September 27, through Monday, October 1, 2012.  Readers of this site may be interested in some of the proposed talks for this event.

Hans-Hermann Hoppe and Stephan Kinsella will speak on Philosophy and Law.  Professor Hoppe’s paper is titled “The Nature of Man: Does Any Such Thing Exist?”  Mr. Kinsella’s paper is titled “The Market for Law.”

Sean Gabb and Benjamin Marks will speak on Literature and Literary Criticism.  Dr. Gabb’s paper is titled “On Literature and Liberty.”  Mr. Marks’s paper is titled “On H. L. Mencken as a Libertarian Model (and Some Romantic Libertarian Delusions).”

Other literati to speak include Jeffery Tucker, who interviewed me about literature and the economics of liberty and who now is the executive editor for Laissez Faire Books, and Theodore Dalrymple.

 

How I Taught Sustainability

In Arts & Letters, Communication, Emerson, Fiction, Humanities, Literature, Nineteenth-Century America, Pedagogy, Rhetoric, Rhetoric & Communication, Teaching, Writing on January 9, 2012 at 1:12 am

Allen Mendenhall

Last spring I learned that I had been assigned to teach a freshman writing course on sustainability.  I don’t know much about sustainability, at least not in the currently popular sense of that term, and for many other reasons I was not thrilled about having to teach this course.  So I decided to put a spin on the subject.  What follows is an abridged version of my syllabus.  I owe more than a little gratitude to John Hasnas for the sections called “The Classroom Experience,” “Present and Prepared Policy,” and “Ground Rules for Discussion.”  He created these policies, and, with a few exceptions, the language from these policies is taken from a syllabus he provided during a workshop at a July 2011 Institute for Humane Studies conference on teaching and pedagogy.

Sustainability and American Communities

What is sustainability?  You have registered for this course about sustainability, so presumably you have some notion of what sustainability means.  The Oxford English Dictionary treats “sustainability” as a derivative of “sustainable,” which is defined as

  1. Capable of being borne or endured; supportable, bearable.
  2. Capable of being upheld or defended; maintainable.
  3. Capable of being maintained at a certain rate or level.

Recently, though, sustainability has become associated with ecology and the environment.  The OED dates this development as beginning in 1980 and trending during the 1990s.  The OED also defines “sustainability” in the ecological context as follows: “Of, relating to, or designating forms of human economic activity and culture that do not lead to environmental degradation, esp. avoiding the long-term depletion of natural resources.”  With this definition in mind, we will examine landmark American authors and texts and discuss their relationship to sustainability.  You will read William Bartram, Thomas Jefferson, Emerson, Thoreau, Hawthorne, Whitman, Mark Twain, and others.  Our readings will address nature, community, place, stewardship, husbandry, and other concepts related to sustainability.  By the end of the course, you will have refined your understanding of sustainability through the study of literary texts. 

Course Objectives

I have designed this course to help you improve your reading, writing, and thinking skills.  In this course, you will learn to write prose for general, academic, and professional audiences.  ENGL 1120 is a writing course, not a lecture course.  Plan to work on your writing every night.  You will have writing assignments every week. Read the rest of this entry »

Joyce Corrington Publishes New E-Books

In Arts & Letters, Creative Writing, Fiction, Humanities, John William Corrington, Law, Literature, News and Current Events, News Release, Novels, Writing on January 4, 2012 at 9:00 pm

Allen Mendenhall

Joyce Corrington, a long-term friend and supporter of this site whose interview with me appeared back in September, recently republished, in e-book format, the four New Orleans mysteries she wrote in a series with her late husband John William Corrington.  The books are available at the following links:

So Small a Carnival

A Project Named Desire

A Civil Death

The White Zone

Joyce’s latest novel, Fear of Dying, the fifth in the series, came out in 2011.

Then There Was Light

In Arts & Letters, Christianity, Conservatism, History, Humanities, King James Bible, Literary Theory & Criticism, Literature, Religion, Western Civilization, Western Philosophy, Writing on December 27, 2011 at 2:02 am

James Banks is a doctoral student studying Renaissance and Restoration English literature at the University of Rochester. He also contributes to the American Interest Online. He has been a Fellow with the Intercollegiate Studies Institute Honors Program; in addition to The Literary Lawyer, he has written for the Intercollegiate Review, First Principles and The Heritage Foundation’s blog The Foundry. A native of Idaho’s panhandle, he lives in upstate New York and serves in the New York Army National Guard.

A politician calls for his country’s ecclesiastical leaders to “stand up and defend” the moral codes of the King James Bible and says that promoting “Christian values” is not a snub to other religions. This is just the kind of thing that America’s “Christianist” watchdogs have been waiting for Michelle Bachmann to say. But she didn’t say it. David Cameron did.

The fact that Cameron can say this in a country where less than 40% of the population believes in God suggests the cultural significance of the King James Version in Great Britain.  (The King James Version, that is, not the Bible itself so much.) This is not wholly surprising. It would be impolite to say anything against the King James Bible on its 400th birthday. Still, this is the first time in recent memory that the King James Version has been glorified in the mainstream media by a popular political figure.

I should note that the King James Bible is—in my non-expert opinion—the best translation available in English. Whereas there have been numerous translations that have, no doubt, captured the literal meaning of the words better, there is none that captures the sublimity more perfectly than the old text of 1611.  The King James Bible is not only in English, it is also very much of English. Translating scriptures into Britannia’s native tongue had been enough to endanger Wycliffe and Tyndale. Nonetheless, by the time that the King James was printed, its heavily Tyndale-influenced Old and New Testaments were typical symbols of British conservative moderation.

Yes, it would be in English, offensive to Roman Catholicism’s preferred Latin Vulgate.  But it would lack the marginal notes of the radical Calvinists: Popery and Puritans! A pox on both your houses! It’s hard to imagine a more appropriate text for the Church of England. Auberon Waugh once wrote that the modern Church of England managed to take such broad positions in public discourse that no one, from Mau Zedong to the pope, could say with any level of certainty that he was not an Anglican.

It is in this historical context of moderation that David Cameron’s comments should be read: The prime minister did not mean that he expected the Church to speak out on moral issues more commonly found in American discourse: abortion, gay marriage, prayer in schools. Rather, he feels that the traditional Anglo paradigm of tolerance and temperateness is threatened by radicals (on the left), nativists (on the right) and youth run wild (in the contact zone in between). He wants the Church to take a more activist role in reasserting the moral virtues which made Britain strong—presumably by saying that looting, pillaging and burning are bad things. Read the rest of this entry »

Review of Forensic Fictions by Jay Watson

In Arts & Letters, Book Reviews, Fiction, Georgia, Humanities, Jurisprudence, Justice, Law, Law-and-Literature, Literary Theory & Criticism, Literature, Novels, Rhetoric, Rhetoric & Communication, Southern History, Southern Literary Review, The South, Writing on December 5, 2011 at 10:56 pm

Allen Mendenhall

The following review originally appeared here at the Southern Literary Review.  If you enjoy this review, please consider subscribing to the Southern Literary Review.  I became the managing editor of the Southern Literary Review in November.

 

Kudos to the University of Georgia Press for this recent reprint of Jay Watson’s Forensic Fictions, which has become something of a classic among law-and-literature scholars.  A pioneering project, Forensic Fictions stands as the first critical work to interrogate the lawyer figure in Faulkner’s oeuvre.

Watson submits that law is vast and multidimensional, “at once a deeply normative cultural system, a vehicle of ideology (in its constructive and destructive manifestations), a force of social stability and control, an entrenched and often blindly self-interested institution, and not least of all a human vocation, a form of practice that in some instances achieves the status of a calling.” 

In Faulkner’s fiction, law helps to highlight the complexity, sometimes liberating and sometimes disorienting, of the “everyday” aspects of Southern culture, institutions, and traditions.  Law is more than bills, statutes, judge-made opinions, codes, and the like.  Law isn’t a monolithic animal but a multiplicity of people and institutions; a product of self-serving performances by lawyers, judges, and politicians; and an accumulation of arguments couched in topoi of guilt and innocence, right and wrong, justice and equality.  Law is, simply put, a network of human relations and a collection of stories. 

Watson’s book examines how lawyers and laws constitute and presuppose authority in the microcosm of Yoknapatawpha.  “Lawyers of course advocate by narrating,” Watson explains, “by telling their clients’ stories in the language of the law.”  Lawyers, then, are raconteurs, and laws are products of language, even as they institute language.

Watson suggests that Faulkner internalized the “conspicuous and complicated presence” of real-life lawyers—Dean R.J. Farley, Governor Lee M. Russell, General James Stone, Ben Wasson, Jim Kyle Hudson, and Lucy Somerville Howorth, to name just a few—and then expressed mixed feelings about lawyers and the legal community in his writings.  Although not a lawyer himself, Faulkner could boast of a legal pedigree, having been born into a family and a society overflowing with attorneys.  Faulkner’s multifaceted and often contradictory ideas about law reflect these cultural associations.

Watson uses the term “forensic fictions” to refer to Faulkner’s depictions “of the legal vocation and the practice of law, a practice that extends from the official space of the courtroom and the professional space of the law office to the farthest reaches of the community.”  Thus conceived, law is not only a communicative vehicle but also a way of life, as mundane as it is exciting. 

Watson works out of the paradigms of forensic discourse.  He treats law as a theater of differences and disparate perspectives and as a vast system of interrelated parts.  An “important subtext” for Faulkner’s forensic fictions, according to Watson, “is the conviction that the values and concerns of the storyteller can and must carry over from a limited, private, aesthetic realm into a public world outside, where verbal creations can reinforce, challenge, or otherwise inform social norms.”

Three novels—Intruder in the Dust, Knight’s Gambit, and Requiem for a Nun—make up what Watson dubs Faulkner’s “forensic trilogy.”  These novels portray the lawyer as citizen-spokesperson, able to appropriate the public sphere as a space for social celebration or critique. Read the rest of this entry »

Can the Humanities Be Saved?

In Arts & Letters, Humanities, Literary Theory & Criticism, Literature, News and Current Events, Pedagogy, Teaching on December 1, 2011 at 12:00 am

James Banks is a doctoral student studying Renaissance and Restoration English literature at the University of Rochester. He also contributes to the American Interest Online. He has been a Fellow with the Intercollegiate Studies Institute Honors Program; in addition to The Literary Lawyer, he has written for the Intercollegiate Review, First Principles and The Heritage Foundation’s blog The Foundry. A native of Idaho’s panhandle, he lives in upstate New York and serves in the New York Army National Guard.

 

Humanities professors hear the bell tolling and are probably beginning to wonder if the next toll will be the last. In response to the impending crisis of student debts, the Modern Language Association (MLA) issued a “formal statement” condemning the rapid increase in tuition and calling on federal and state institutions to do something about it:

Public attention has been directed recently to the educational debt students accumulate in the course of undergraduate, as well as graduate, study. A major contributing factor has been the increasing portion of educational costs students must bear in the form of loans. To reduce debt burdens in the future, we call on Congress, state legislatures, and institutions of higher education to calibrate educational costs and student aid in ways that will keep student debt within strict limits. We also call on them to hold in check tuition increases, which often far outpace inflation, and to ensure that degree programs allow for timely completion.

This statement may be gobbledygook; it’s easy for academics to call for keeping student tuition within strict limits, but it is very hard to actually curb tuition rates. If the MLA wanted to make news, it would have issued a few recommendations for how to, say, tear down the gymnasium, privatize student housing, experiment with virtual conferences, or limit salary increases.

MLA’s concern about student debt and funding for the humanities is still news, though. It indicates that humanities departments are getting wind of the fact that, in tough economic times, they are going to be the first to lose students, and with state governments and universities tightening their belts, programs losing students are going to be first to get axed, if that’s what things come to.

Humanities departments won’t save themselves by doing what they have always done, which is to make moralist pronouncements and then leave the hard work of paying the bills to the administrations and government. Survival of these departments will require a more radical stance. Critics of the humanities predictably responded to the MLA statement by saying that humanities departments have brought the impending crisis on themselves by teaching classes with names like “GaGa for Gaga: Sex, Gender and Identity” instead of the good old-fashioned “Introduction to Chaucer, Shakespeare and Milton.”

It’s true that humanities departments would probably have more students if they stuck to a more traditional curriculum (which would also make for less embarrassing conversations between students and their grandparents, who want to know what their grandchildren are studying at school), but humanities departments have changed less than conservative critics claim. Although curriculum content in the humanities has evolved, humanities students can still read Shakespeare if they want to, and the place of the humanities in universities has not changed radically. 

The idea behind departments like English, philosophy and history was not to help people live longer but to help them live better. Writers, philosophers and historians may not be more moral than the average human being—in many cases, they are less so—but wrestling with the moral dilemmas that the humanities present could at least train tomorrow’s leaders to exercise their moral instincts. Humanities departments still see themselves as being the moral conscience of the higher education system, and, by extension, high culture.

However, as the moral standards of the academy and America’s mainstream culture have diverged, humanities departments have been demoted from being moral authorities to being moralistic beadles; to the rest of the academy, humanities faculty are ivory tower preachers who occasionally publish articles on America’s promiscuous history of imperialism and who host forums about cultural failures at the nexus of race, class and gender. Read the rest of this entry »

Southern Literary Review

In Arts & Letters, Creative Writing, Essays, Fiction, Humanities, Literary Theory & Criticism, Literature, News and Current Events, News Release, Novels, Poetry, Writing on November 13, 2011 at 12:01 pm

Allen Mendenhall

I have become the managing editor of the Southern Literary Review.  Writer and editor Phil Jason will serve as editor and publisher of the journal.  Former editors Julie Cantrell and Adele Annesi  have stepped down after a successful tenure.  They increased readership and brought on new contributors, including Sean Ennis, Kerry Madden, Matthew Simmons, Donna Meredith, Christopher Bundrick, Peter Schmitt, Paul Yarbrough, Rhett DeVane, Danielle Sellers, Abigail Greenbaum, Patricia O’Sullivan, Peggy Kassees, Heather Cousins, Niles Reddick, and Andrew McFadyen-Ketchum.

Founded in 2009, the Southern Literary Review celebrates southern authors and their contributions to American literature in general and Southern literature in particular. We feature the classic writers who have defined Southern literature, and we highlight emerging authors through interviews, profiles, and book reviews.  Please check out the journal by clicking here.  The journal will undergo updates and upgrades in the coming weeks.

BOOK REVIEW: Killing Time by John Holloway and Ronald M. Gauthier

In Advocacy, Art, Arts & Letters, Book Reviews, Creative Writing, Criminal Law, Fiction, Justice, Law, Literary Theory & Criticism, Literature, Prison, Southern History, Writing on November 8, 2011 at 9:05 pm

Allen Mendenhall

The following review originally appeared here at The Southern Literary Review just over a year ago.  Click here to view the original version in PDF.

John Hollway and Ronald M. Gauthier have written a thriller.  Unlike other thrillers, Killing Time: An 18-Year Odyssey from Death Row to Freedom (Skyhorse Publishing, 2010) is not fiction.  It is, in the authors’ words, “a true story” told in “narrative style.”  There’s an old saying: reality is stranger than fiction.  Here’s a book that proves reality is not only stranger than fiction but also, in some cases, more terrifying.  

The plot is as chilling as it is plain.  Or perhaps it is chilling because it seems plain.  An unknown man murders an Italian-American hotelier named Ray Liuzza.  Police, witnesses, and prosecutors mistake the killer for an innocent man: John Thompson, a twenty-two-year-old African American.  The crime occurs outside Ray’s apartment.  The year is 1984.  The city is New Orleans.  What follows is the bulk of the book: a police investigation, arrest, trial, sentencing, conviction, appeal, and so forth. 

Using court transcripts, depositions, media reports, interviews, letters, and other records, Hollway and Gauthier piece together a stunning story of power, law, race, and justice.  The result is a book that increasingly calls into question the instrumentalities of our criminal justice system, redeemed, at last, by two Philadelphia lawyers, Michael Banks and Gordon Cooney, who undertake Thompson’s case pro bono and who spend millions of dollars in foregone legal fees. 

Without the intervention of these two men, Thompson, who was wrongly convicted and sentenced to death, might not be alive today.  Released from prison after his exoneration, Thompson resides in Louisiana, where he is involved with Resurrection After Exoneration (REA), an organization he founded.          Read the rest of this entry »

Habermas for Law Professors

In Art, Arts & Letters, Communication, Creativity, Essays, Ethics, Habermas, Humanities, Information Design, Jurisprudence, Law, Law-and-Literature, Legal Education & Pedagogy, Legal Research & Writing, Literary Theory & Criticism, Literature, Pedagogy, Philosophy, Politics, Pragmatism, Rhetoric, Rhetoric & Communication, Teaching, Western Civilization, Western Philosophy, Writing on November 4, 2011 at 3:12 pm

Allen Mendenhall

This post is an adaptation of this printable, PDF document

This post is intended to assist law professors who wish to incorporate critical theory (in general) and Habermas (in particular) into their teaching.  This post addresses just one essay by Habermas that is representative of his thought.  It does not address other important areas of Habermasian theory such as the “public sphere” (a concept that the essay nevertheless implicates). 

This post should provide some basic insights into Habermas that could be incorporated into a law school classroom.  Contracts in particular would benefit from Habermasian analyses, which could just as constructively be applied to torts, evidence, constitutional law, or any course dealing with litigation and the courtroom.  This post provides basic information.  It does not tell law professors how to use the information.  The use will require creativity. 

 

Fundamental to the paradigm of mutual understanding is … the performative attitude of participants in interaction, who coordinate their plans for action by coming to an understanding about something in the world.  When ego carries out a speech act and alter takes up a position with regard to it, the two parties enter into an interpersonal relationship.  The latter is structured by the system of reciprocally interlocked perspectives among speakers, hearers, and non-participants who happen to be present at the time. 

        —Jürgen Habermas, “An Alternative Way Out of the Philosophy of the Subject”[1]

In a way, “An Alternative Way Out of the Philosophy of the Subject” is a response to Foucault’s theories of subjectivity that treat subjects as produced by forces of power.  Habermas seems to consider Foucault’s theories as so preoccupied with knowledge formation and structural preconditions for knowledge formation that they (the theories) become pseudoscience abstracted from practical realities.  A Foucaultian paradigm centers on subjectivity trained by mechanical forces whereas a Habermasian paradigm explores communicative reason in the context of discourse enabled by the ideations of individual subjects articulating their positions to one another in mutually intelligible utterances.       

Contra Foucault, Habermas submits that reason—articulated, assimilated, and mediated by language—must be understood as social.  For social interaction to be meaningful, its interlocutors must believe that their articulations are objectively “true” or sincere (I place “true” in quotations because the “pragmatically expanded theory of meaning overcomes [the] fixation on the fact-mirroring function of language”).  Speech must be governed by points of common understanding.  These points are reached when “ego carries out a speech act and alter takes up a position with regard to it.”  Ego, here, refers to a person’s conscious awareness that is capable of being conveyed in speech.  “Alter” does not refer to alter ego, but to some agent outside the subjective world of cognition, intention, and belief.  This “alter” is part of the external or objective world to which the ego can articulate feelings or thoughts, provided that ego and alter have in common a familiar discursive space (a lifeworld) for their subjective expressions.  By this reading, alter has an ego, and ego can be an alter.  The terms simply depend upon which subject is articulating his position in a given speech situation; the terms are merely descriptive.  

To claim that we can comprehend events or things in the world is to suggest that we can speak about them.  To speak about events or things in the world is to convey information about them from one party to another using shared vocabularies governed by rules that the parties accept unconditionally. The interpersonal relationship among or between parties, as Habermas suggests, is “structured by the system of reciprocally interlocked perspectives.”  The study of this relationship brings Habermas further away from the Foucaultian paradigms of subjectivity and towards the paradigm of mutual understanding that has come to mark Habermasian thought.  Read the rest of this entry »