See Disclaimer Below.

Archive for the ‘Nineteenth-Century America’ Category

, , , , , , , , ,

Thoreau, Environmentalism, Economy

In America, American History, Arts & Letters, Books, History, Humanities, Literary Theory & Criticism, Literature, Nineteenth-Century America, Philosophy, Writing on May 22, 2013 at 8:45 am

Allen Mendenhall

This post first appeared here at The Literary Table in 2010.

Turning to the works of Henry David Thoreau might provide a “third way” and go some length toward resolving debates about the Environmentalists’ Dilemma.  I borrow the words “Environmentalists’ Dilemma” from Bryan G. Norton, who uses the phrase to refer to the competing discourses of two environmentalist camps: the economists and the moralists.  These camps would, Norton submits, provide very different answers to the question, “What is the value of biodiversity?”  Economists would emphasize “the actual and potential uses of living species” whereas the moralists “do not believe our obligations to protect nature can be traded off against other obligations” (Norton 29-30).  Economists would state the value of biodiversity in quantifiable, utilitarian, and anthropocentric terms whereas the moralists “insist that we have an obligation to protect all species, an obligation that transcends economic reasoning and trumps our mere interests in using nature for our own welfare” (Norton 30).  The dilemma for the environmentalist is which of the two realms, economic or moral, to heed.  Norton’s argument is that the two realms are not in fact mutually exclusive and that Henry David Thoreau supplies proof of their mutual reinforcement.  That Thoreau titles the opening chapter of Walden with one simple if unsuspecting word, “Economy,” is no coincidence.  The Environmentalists’ Dilemma, for Thoreau, is no dilemma at all: “most commentators have assumed that we should give one answer or the other,” but an absolute, totalizing separation is neither necessary nor accurate (Norton 31, my italics).  I agree with Norton and would like to extend his reasoning in this brief post, which draws its analysis from Thoreau’s Walden.

If economists first measure value “as contributions to human welfare” and then promise “an aggregation of values”—i.e., if they promise a calculation of “the contribution of nature to human welfare” as “commensurable and interchangeable with other human benefits”—then Thoreau was something of an economist (Norton 30).  As implied by the title of his opening chapter, Thoreau uses nature as an occasion to opine about human affairs, often in purely economic terms; he transforms the humble, small, and common scenes of nature into grand meditations about labor and profit.  “When my hoe tinkled against the stones,” he says of a day in the bean field, “that music echoed to the woods and the sky, and was an accompaniment to my labor which yielded an instant and immeasurable crop” (247).  Here, Thoreau’s profit—his “yield”—is not quantifiable in monetary terms but in vague moral insight:  “It was no longer beans that I hoed, nor I that hoed beans; and I remembered with as much pity as pride, if I remembered at all, my acquaintances who had gone to the city to attend the oratorios” (247).  Thoreau appreciates the value of labor (minimal physical input for cost-effective output—free food) while recognizing that such value goes far beyond the fiscal benefit of planting crops rather than purchasing food at a store: the labor becomes valuable for what it teaches about solitude, individualism, and freedom from materialism, and not just for its potential for monetary savings.  In this respect, Thoreau marries economics and morality.  Or, as Norton, looking elsewhere in Walden, puts it, “Thoreau describes the benefits of the transformation to higher values in terms of human maturation and fulfillment of potential, as improvements within human consciousness, not in terms of obligations to nature and extrinsic to human consciousness” (32).  In other words, in his celebration of nature, Thoreau takes pains to privilege human economy over natural aesthetic, although the former is dependent upon the latter for its “proceeds.”  Nature is a vehicle for arriving at virtue, thrift included.  It is good—and a good—but humanity is essentially of higher importance.

The merger, as it were, of economics and morality finds its most obvious expression in Thoreau’s various price listings: the costs of building a house; the profits turned from harvesting corn, potatoes, turnips, and beans; the expenses of food and clothing; and the overhead in maintaining a self-sufficient lifestyle.  Of these, John Updike writes,

The long opening chapter, “Economy,” joyously details just how to build a house […] down to a list of expenses totaling $28.11 1/2.  Briskly marketing to the world his program of austerity and self-reliance, he itemizes the few foodstuffs he paid for and the profits he obtained from his seven miles of bean rows.  (xiv, my italics)

Updike’s choice of the word “marketing” is important, revealing as it does that Thoreau’s economics did not stop at savings and cutbacks, but actively advertised a lifestyle at once economic and environmentalist.  Thoreau sold his routine and persona to a curious public, a few of whom bought—and bought into—the ultimately published and publicized form (the book).

On the one hand, Thoreau’s frugality is a lesson about simplicity and prudence; on the other hand, it offers a more environmentally friendly approach to architecture and construction while simultaneously warning about the destructive effects of what today we might call “the tragedy of commons.”  I have neither the time nor space to fully hash out my ideas about the tragedy of commons.  I will, however, quickly supply Steven C. Hackett’s definition for the term and then offer a short justification for my reference to it.  According to Hackett,

The tragedy of the commons is most likely to occur under the conditions of open-access or other poorly designed and enforced property rights regimes.  The tragedy of the commons outcome results from strategic behavior—behavior that an individual takes based on how other people are expected to behave and respond.  At the heart of the tragedy of commons is the belief that if one were to conserve the CPR, others will take what was conserved, and the CPR will degrade (116).

Thoreau’s worries about the tragedy of commons are evident in a few abrupt asides.  Take, for instance, these lines regarding hunting:

Almost every New England boy among my contemporaries shouldered a fowling piece between the ages of ten and fourteen; and his hunting and fishing grounds were not limited, like the preserves of an English nobleman, but were more boundless even that those of a savage.  No wonder, then, that he did not oftener stay to play on the common.  But already change is taking place, owing, not to an increased humanity, but to an increased scarcity of game, for perhaps the hunter is the greatest friend of the animals hunted, not excepting the Humane Society (329).

It seems abundantly clear that Thoreau refers here to the phenomenon—now known as the tragedy of commons—whereby people acting in their own self-interest use up a limited shared resource, in this case animal prey, despite their knowledge that doing so will be bad for everyone.  [Consider this point in light of another sentence by Thoreau: “By avarice and selfishness, and a groveling habit, from which none of us is free, of regarding the soil as property, or the means of acquiring property chiefly, the landscape is deformed, husbandry is degraded with us, and the farmer leads the meanest of lives” (257-58).]  Perhaps the tragedy of commons motivates Thoreau’s declaration that “if all men were to live as simply as I then did, thieving and robbery would be unknown” (269-70).  After all, thieving and robbery “take place only in communities where some have got more than is sufficient while others have not enough” (270).

Economics and morality also apply—albeit more tenuously—to what Michael Berger calls Thoreau’s “study of ecological dynamics in forests,” a “vigorous program of research” about seed dispersal and its spontaneous generation (381-82).  Although Berger does not explicitly say so, he implies that Thoreau’s scientific forays lend authority to his literary works.  This authority allows Thoreau to promote himself and his philosophical vision.  Berger analyzes Thoreau’s The Dispersion of Seeds, which was not published until 1993.  Nevertheless, Berger’s observations apply almost as aptly to various passages in Walden.  Setting out to show that Thoreau’s somewhat Darwinian ideas were not only sophisticated but also pioneering, Berger posits, “Thoreau’s seed dispersal ecology was […] rich in significance regarding the various kinds of complicated mechanisms, principles, and patterns by which species of plants succeed one another in local ecosystems” (382).  To substantiate this point, Berger quotes the following from The Dispersion of Seeds:

In this haphazard manner Nature surely creates you a forest at last, though as if it were the last thing she were thinking of.  By seemingly feeble and stealthy steps—by a geologic pace—she gets over the greatest distances and accomplishes her greatest results.  It is a vulgar prejudice that such forests are ‘spontaneously generated,’ but science knows that there has not been a sudden new creation in their case but a steady progress according to existing laws, that they came from seeds—that is, are the result of causes still in operation, though we may not be aware that they are operating. (383)

This passage recalls Thoreau’s claim in Walden that “where a forest was cut down last winter another is springing up by its shore as lustily as ever” (302).  Thoreau’s point, at any rate, is, in both cases, that forests (in all their various manifestations—trees, plants, etc.) will spring up as if on their own: independent of the botany or vegetation that preceded them.  In the “big picture,” the economics and morality at issue have to do with Thoreau’s ability to market himself and his ideas.  If he could pit himself as both scientist and writer, his writings would gain both cultural and actual currency as well as popular credibility.  This coupling of scientific sophistication with moral sensitivity produces, in Updike’s words, Thoreau’s thinginess: “the thinginess of Thoreau’s prose […] still excites us, the athleticism with which he springs from detail to detail, image to image, while still toting something of Transcendentalism’s metaphysical burden” (xxii).  Without science, Thoreau is little more than a gushing nature enthusiast; without science or the metaphysical burden, he “comes close to being merely an attentive and eloquent travel writer” (Updike xxii).  Fortunately, Thoreau recognizes the need to economize while moralizing, and to do the former well required a certain scientific literacy.  Norton is more generous than I because he casts Thoreau’s scientific observations about the forest as having nothing to do with self-promotion and everything to do with the Environmentalists’ Dilemma.  Thoreau’s self-promotion notwithstanding, Norton’s praise does tend to demonstrate the manner in which Thoreau yoked science to economics and morality:

Thoreau quite explicitly recognized that the forest, a dynamic system, had a ‘language of its own, and that the transition form the immature state was both literary and scientific. […]  He saw that one learns more important things by relating an organism to its environment than by dissecting an organism into parts.  This indicates that Thoreau was on the right track, seeking the secret of life and its organization in the larger systems in which species live.  Especially, he thought we learn more important things about human behavior, and the evaluation of it, by observing organisms in environments.  He believed that if he could unlock the code of nature’s language, it would provide the key to a new, dynamic and scientific understanding of nature.  The key prerequisite for this change to a more contemplative consciousness was development of a new ‘language’ of human values based on analogies from the ‘language’ of nature. (40)

If Norton is right, as I believe he is, then the Environmentalists’ Dilemma is not so paralyzing as some would suggest.  Indeed, Thoreau’s Walden shows how economy and morality can participate with each other in unique and even scientific ways.

For further reading, see the following:

Berger, Michael.  “Henry David Thoreau’s Science in the Dispersion of Seeds.”  Annals of Science.  Vol. 53 (1996:  381-397).

Hackett, Steven C.  Environmental and Natural Resources Economics:  Theory, Policy, and the Sustainable Society.  M.E. Sharpe, 2001.

Norton, Bryan G.  Searching for Sustainability:  Interdisciplinary Essays in Philosophy and Biology.  Cambridge University Press, 2003.

Thoreau, Henry David.  Walden.  Houghton Mifflin Company, 1893.

Updike, John.  “Introduction.”  Walden.  Princeton University Press, 2004.

, , , , , , , , ,

Edgar Allan Poe and Mesmeric Possibility

In American History, Arts & Letters, Fiction, History, Humanities, Literary Theory & Criticism, Literature, Nineteenth-Century America, Writing on May 15, 2013 at 8:45 am

Allen Mendenhall

This piece first appeared here at The Literary Table in 2010.

Sidney E. Lind, writing in the 1940s, said of the “mesmeric lexica” of nineteenth-century America:  “It is safe to say that the terminology of mesmerism was bandied about in much the same manner as the language of psychoanalysis was to be eighty years later, and with, in all probability, as little real comprehension on the part of the public.”

Lind’s reference to psychoanalysis—signified, at that moment, by Austrian physicist Sigmund Freud—is particularly telling for 21st century audiences, who have witnessed an avalanche of criticism of psychoanalysis, a pseudoscience, according to the naysayers, the results of which are un-testable at best and bogus at worst.  Lind’s aim is not to destabilize the practices of psychoanalysis but to interrogate three short works by Edgar Allan Poe in which mesmerism features prominently:  “A Tale of the Ragged Mountains,” “Mesmeric Revelation,” and “The Facts in the Case of M. Valdemar.”  “These three stories,” Lind submits, “constitute a series within which the mesmeric experiment becomes more profound, irrespective of plausibility or implausibility, or of whether or not Poe in at least two of the three was hoaxing his readers.”

Lind’s point is well-taken.  In Poe’s day, the subject of mesmerism was “in the air” and therefore “it was logical that Poe, as a journalist sensitive to popular interest, should have exploited it.”  True, these three stories exhibit, often wryly, a profound familiarity with mesmeric techniques and influences.  But more is going on in them than Lind lets on.  Indeed, Lind goes to great lengths to contextualize these stories within scientific (or other) discourses on mesmerism in Poe’s era, but he overemphasizes their “unity,” “theme,” and “intention” (always mimetic) instead of their singular dialogic contribution.  That is to say, Lind treats the stories as “echoes” or “reiterations” of other thinkers rather than as unique theses in their own right.  For Lind, the stories are indebted to other sources because they derive their vocabularies and methods from these sources.  I would suggest that Poe’s stories are in conversation with various dissertations on mesmerism rather than mere signs of cherry-picking or copying.  Although Poe’s modus operandi or preferred genre is fiction, his supposedly plagiarized passages lend substance to the notion that he might actually have been dissertating on mesmerism, animal magnetism, or hypnosis.  The luxury of storytelling is that the storyteller can dismiss unverifiable data as hoaxes or products of imagination; nevertheless, the storyteller can at least hope to hit on something real, novel, or scientific.  Two examples, Jules Verne and H.G. Wells, writing well after Poe, conceived of technological advances—most notably space travel—long before such advances were practical.

Lind’s work, at any rate, is impressively researched, laying the foundation for future analyses of Poe and his infatuations with mesmerism.  But why does Lind downplay Poe’s role in developing pioneering work?  All arguments are indebted to previous arguments; indebtedness does not take away from the originality or force of their articulation or genre.

Unlike Lind, Matthew A. Taylor calls attention to the distinctiveness of Poe’s contributions to “mesmeric theory” (for want of a better phrase) and its progeny.  He locates Poe in contradistinction to Herbert Mayo:  “Unlike Mayo, […] Poe radically deviated from the utopian utilitarian, or benign notions of mesmerism at play in most contemporary discourses on the topic, picturing instead the unsettling implications for human ontology consequent upon the idea that persons are less sovereign entities than manipulatable effects of external powers.”  In short, Poe considered mesmerism a bad thing, or at least a dangerous thing that did not lead down a road to human improvement.  “Poe concluded,” Taylor opines, “that an all-encompassing cosmic energy inevitably troubles human-being by suspending the autonomy and interiority of individual humans; the disorientation of normal, corporeal functioning and the literal loss of self-possession attending mesmeric practice illustrated for Poe the fact that people are little more than occasions for the demonstration of an impersonal power.”  If Taylor is right, then Poe’s take on mesmerism is not only unique but also quite sophisticated; it demonstrates a full understanding of mesmeric theory while simultaneously rejecting that theory.  More to the point, if Taylor is right, then Poe’s take on mesmerism stands on its own and demands critical attention.  Unlike Lind, Taylor seems to acknowledge Poe’s special role in shaping mesmeric theory—or, more precisely, mesmeric counter-theory.  In fact, Taylor seems to think Poe’s ideas about mesmerism reflect an entire cosmology about human nature and the imperfectability of humankind.  This is a tall claim.  For present purposes, it shows that Poe might have been worried about more than entertaining readers with fanciful mind-candy.  He might have been positing a worldview that flew in the face of prevailing physics (that “perverse yet consistent calculus that unites everything in existence under a single, universal law that, by definition, eliminates all difference—including, of course, the human difference”).  Poe, the relativistic Renaissance man, might have been demonstrating his facility as both scientist and philosopher.  To further establish Poe’s uniqueness, I might add to Taylor’s observations the theological dimension of “Mesmeric Revelation,” which accounts for evangelical objections to mesmerism without plainly endorsing or rejecting them.

Besides the three stories that Lind interrogates, there are, Martin Willis claims, “many other tales that exemplify [Poe’s] abiding interest in the contestation between the science and the human, as well as his fascination with the borderlands of scientific achievement, both in terms of their advancement to new states of knowledge and their place within the scientific pantheon.”  Poe’s interest in scientific trends was not a passing one.  Willis points out that Poe spent years studying science in general before turning to mesmerism in particular.  Whether Poe “believed” in mesmerism is unclear.  It seems plausible that his stories about mesmerism were meant, in Willis’s words,  to “consider mesmeric debates in the realm of fiction rather than that of science.”  I would argue that Poe collapses any distinction between science and fiction by teasing out various theses—which, for all he knew, might one day be proven—through the medium of imaginary characters.  In doing so, Poe forges a distance between theories and their authors: if the theories turn out to be “true,” future generations will consider Poe a genius; if they turn out to be bogus, future generations will claim Poe was merely hoaxing.  Thus the dual-advantage of employing fiction to hash out scientific hypotheses.  Regardless of whether Poe is ultimately “right” about any of his dissertations, which he dresses up as fiction, he demonstrates an impressive breadth of knowledge that should not be ignored.

Not all scholars have ignored it.  Antoine Faivre takes pains to explain how Poe appropriated scientific knowledge and then inserted it into fictional narratives.  He suggests that many readers have mistaken or misread Poe’s tales as “factual, non-fictional case studies,” which in turn has led to a “flurry of reactions and debates.”  My point is not to argue that Poe treats his stories as factual case-studies but to suggest that he left open the case-study possibility.  In other words, Poe might have wanted readers to misread his tales as factual, or else to have some later scientist come along and verify the “truth” of his hypotheses, notwithstanding whether they were in fact his, or whether they were intended as reasoned argument at all.

Lind allows that Poe might not have been hoaxing readers in writing about mesmerism.  “Mesmerism as a theme for fiction,” he explains, “was, like metempsychosis and the exploration of the realm of the conscience, so well suited to Poe’s principles of literary composition that it was natural for him to work this new field, to attempt to achieve the sensational without deliberately attempting to mislead.”  More than simply avoiding misleading commentary, Poe might have been dissertating with the hopes that, one day, scientists would look on his fiction as a catalyst for new and innovative practices.  While not aspiring to complete verisimilitude, Poe’s stories about mesmerism are highly sophisticated tracts, informed by trendy scientific theories (and their counter-discourses), and very probably marked with the faint expectation that their subjects, though fictional, might somehow contribute to future systems of knowledge.

See the following for further reading:

Faivre, Antoine.  “Borrowings and Misreading:  Edgar Allan Poe’s ‘Mesmeric’ Tales and the Strange Case of their Reception.”  Aries, Vol. 7, No. 1 (2007: 21-62).

Lind, Sidney E.  “Poe and Mesmerism.”  PMLA, Vol. 62, No. 4 (1947:  1077-1094).

Torrey, E. Fuller.  Freudian Fraud:  The Malignant Effect of Freud’s Theory on American Thought and Culture. Lucas Publishers, 1999.

Taylor, Matthew A.  “Edgar Allan Poe’s (Meta)physics:  A Pre-History of the Post Human.”  Nineteenth-Century Literature, Vol. 62, No. 2 (2007: 193-221).

Willis, Martin.  Mesmerists, Monsters, and Machines:  Science Fiction and the Cultures of Science in the Nineteenth Century. Kent State University Press, 2006.

, , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

American Literary History and Pragmatism

In America, American History, Arts & Letters, Emerson, Fiction, History, Humanities, Literary Theory & Criticism, Literature, Nineteenth-Century America, Walt Whitman, Writing on August 29, 2012 at 8:45 am

Allen Mendenhall

American literary history, even before C.S. Peirce named “pragmatism” as a philosophy, validates much of what pragmatism has to offer.  Joan Richardson speaks of “frontier instances” whereby certain writers become aesthetic outposts from which we can trace continuities of thought and artistic representation.  She treats literature as a life form that must adapt to its environment; similarly, Richard Poirier looks to a tradition of linguistic skepticism in American literature to show the role that artistic influence and troping have had on American culture.  Long before Richardson and Poirier, George Santayana exercised his own literary flair in his celebratory, summative essays about American culture and experience.  If American literary history can undergo operations of tracing and mapping, it might be because—as Richardson, Poirier, and Santayana have suggested—the unfolding and development of an American literary canon have been processes of evolution.  Literary texts and movements have shown a tendency toward growth that is responsive to the natural and changing circumstances of the time.

Richardson begins A Natural History of Pragmatism with 17th century Puritan ministers and then quickly moves to Jonathan Edwards.  Edwards is representative of the Calvinist notion of limited disclosure, the idea, in other words, that God reveals his divinity to us through the shapes, forms, and outlines he provides to us in the phenomenal world.  From this idea (and others like it) began the uniquely American insistence on the value of nature and the physical universe to thought and the spiritual or psychological realm.  As Americans sought to make themselves culturally and intellectually independent from Europe, both in the eighteenth and nineteenth centuries, they used the New World landscapes and vastly unexplored (by Europeans at least) terrains as objects of their fascination and as sources of inspiration.  Even figures like Jefferson insisted upon the scientific study of the natural world in order to authorize theories about law and politics, which he wished to distinguish from European ways.  Jefferson, like William Bartram, another naturalist, lionized Natives as being more in tune with nature and hence more “lawful” in the sense that their communal governments were in keeping with the laws of nature.  However problematic we may consider these romanticized depictions today, we should at least say of them that they inspired further attention to sustained observation of nature as a critical component of what was intended to be a new way of thinking divorced from the Old World of Europe.

Santayana says that when orthodoxy recedes, speculation flourishes, and accordingly it is no surprise that as Puritanism solidified into an orthodoxy of the kind against which it once defined itself, there was a resistance among artists and writers and thinkers.  Emerson, for one, adapted the thinking of the Calvinists while maintaining their commitment to the natural world as a means for realizing higher truths.  Instead of God revealing himself to man through the forms of the natural world, God, according to Emerson, was realized within the person with a poetical sense, who was inspired by the natural world to discover the divinity within himself.  To become one and to see all—that is, to become a “transparent eyeball”—was something of a religious experience for Emerson.  Read the rest of this entry »

, , , , , , , , , , , , , , ,

Rugged Individualism in Slave Narratives

In American History, Arts & Letters, Emerson, Humanities, Liberalism, Libertarianism, Literary Theory & Criticism, Literature, Nineteenth-Century America, Slavery on August 1, 2012 at 8:45 am

Allen Mendenhall

The transcendental idealism of Emerson and Thoreau found its most illuminating expression and drew its most ardent followers before the Civil War would temper the spirits of many Americans.  Emerson and Thoreau both advocated for removing oneself from the constraints of society and for realizing an inner drive and power for epistemological, spiritual, and political purposes.  This individualism had more credence in New England than it did in the Southern states, and it is therefore not surprising that 19th century slave narratives would seek to appropriate that discourse of individualism in order to explain and condemn the realities of slavery.  Slavery could be cast as a symptom of the collective mindset, an evil that clearly could be seen as such if only individuals would separate themselves from conformity with the social unit and prevailing ideology.

Frederick Douglass, in both Narrative of the Life and his later work My Bondage and My Freedom, reveals that his childhood in slavery was relatively relaxed compared to that of other slaves, yet as he moved from master to master and was denied education—that is, as he grew into a man—the regulation of his body became harsher and more violent.  Douglass, who, as a lecturer, impressed upon his listeners a sense of rugged masculinity, uses his narratives to show how an individual can stand up to an entire institution.  In both narratives he vividly depicts his battle with Mr. Covey, a vicious overseer who was determined to train Douglass into docile submission by means of overwhelming violence.  It is an inner will as much as brute strength that brings about Douglass’s triumph over Covey, and it is Douglass’s determination to read and to learn that allows him to circumvent white law to achieve the literacy that made both of these works possible.

As an anti-slavery advocate in the North, having attained his freedom, Douglass expressed his individualism in a variety of ways, not least of which in his insistence to remain independent of William Lloyd Garrison and other abolitionists with whom Douglass had, as it were, a falling out.  Douglass also articulated a desire for blacks to embrace the ideal of personal responsibility and to look to their own personhood as a means for pulling themselves out of their unfortunate condition.  His enabling rhetoric was intended to be inspirational and to imitate the rhetoric and values of New England whites, without whose support neither he nor other slaves could mobilize political action.  Other authors of slave narratives such as William Wells Brown (who, it should be mentioned, had a falling out with Douglass) employ similar tactics and strategies regarding the appeal to individualism.  Brown also promoted himself as a masculine figure who realized his autonomy and drew strength from his own will to deliver himself from bondage.

Harriet Jacobs’s narrative couches individualism in more ambiguous terms.  She gives herself the name Linda Brent in the narrative, which is addressed explicitly to the “women of the North.”  Her narrative is replete with apostrophes to these women readers and, therefore, with signals and coded references meant to gain sympathy and provoke anger at the institution of slavery.  When Linda’s master attempts to take her in as his sex slave, she goes so far as to have an affair with a white man, Mr. Sands, as a form of resistance.  Knowing the decorum of her audience and the precariousness of her status as a freed slave, Linda repeatedly acknowledges the sinfulness of her act but stresses, too, that she cannot be held to the same standards as white women, who enjoy the freedom to make moral choices.  In a system of slavery, Linda suggests, there are no moral choices because one is reduced to selecting between one bad act or another.  Like Douglass, Linda finds freedom in the North, and, like Douglass, she spends time in England, where, she indicates, freedom flourishes, at least in relation to the United States.  Jacobs’s narrative can be taken as an urgent statement on the agency of slaves in the face of seemingly insurmountable obstacles, and the image of the strong woman that she cultivates (not just in herself but in the person of her grandmother) resonates as a powerful trope that others would pick up on. Read the rest of this entry »

, , , , ,

Abolish the Bar Exam

In America, American History, Arts & Letters, Austrian Economics, History, Humanities, Law, Libertarianism, Nineteenth-Century America on July 20, 2012 at 8:45 am

Allen Mendenhall

The following piece first appeared here at LewRockwell.com.

Every year in July, thousands of anxious men and women, in different states across America, take a bar exam in hopes that they will become licensed attorneys. Having memorized hundreds if not thousands of rules and counter-rules – also known as black letter law – these men and women come to the exam equipped with their pens, laptops, and government-issued forms of identification. Nothing is more remote from their minds than that the ideological currents that brought about this horrifying ritual were fundamentally statist and unquestionably bad for the American economy.

The bar exam is a barrier to entry, as are all forms of professional licensure. Today the federal government regulates thousands of occupations and excludes millions of capable workers from the workforce by means of expensive tests and certifications; likewise various state governments restrict upward mobility and economic progress by mandating that workers obtain costly degrees and undergo routinized assessments that have little to do with the practical, everyday dealings of the professional world.

As a practicing attorney, I can say with confidence that many paralegals I know can do the job of an attorney better than some attorneys, and that is because the practice of law is perfected not by abstract education but lived experience.

So why does our society require bar exams that bear little relation to the ability of a person to understand legal technicalities, manage case loads, and satisfy clients? The answer harkens back to the Progressive Era when elites used government strings and influence to prevent hardworking and entrepreneurial individuals from climbing the social ladder.

Lawyers were part of two important groups that Murray Rothbard blamed for spreading statism during the Progressive Era: the first was “a growing legion of educated (and often overeducated) intellectuals, technocrats, and the ‘helping professions’ who sought power, prestige, subsidies, contracts, cushy jobs from the welfare state, and restrictions of entry into their field via forms of licensing,” and the second was “groups of businessmen who, after failing to achieve monopoly power on the free market, turned to government – local, state, and federal – to gain it for them.”

The bar exam was merely one aspect of the growth of the legal system and its concomitant centralization in the early twentieth century. Bar associations began cropping up in the 1870s, but they were, at first, more like professional societies than state-sponsored machines. By 1900, all of that changed, and bar associations became a fraternity of elites opposed to any economic development that might threaten their social status.

The elites who formed the American Bar Association (ABA), concerned that smart and savvy yet poor and entrepreneurial men might gain control of the legal system, sought to establish a monopoly on the field by forbidding advertising, regulating the “unauthorized” practice of law, restricting legal fees to a designated minimum or maximum, and scaling back contingency fees. The elitist progressives pushing these reforms also forbade qualified women from joining their ranks.

The American Bar Association was far from the only body of elites generating this trend. State bars began to rise and spread, but only small percentages of lawyers in any given state were members. The elites were reaching to squeeze some justification out of their blatant discrimination and to strike a delicate balance between exclusivity on the one hand, and an appearance of propriety on the other. They made short shrift of the American Dream and began to require expensive degrees and education as a prerequisite for bar admission. It was at this time that American law schools proliferated and the American Association of Law Schools (AALS) was created to evaluate the quality of new law schools as well as to hold them to uniform standards.

At one time lawyers learned on the job; now law schools were tasked with training new lawyers, but the result was that lawyers’ real training was merely delayed until the date they could practice, and aspiring attorneys had to be wealthy enough to afford this delay if they wanted to practice at all.

Entrepreneurial forces attempted to fight back by establishing night schools to ensure a more competitive market, but the various bar associations, backed by the power of the government, simply dictated that law school was not enough: one had to first earn a college degree before entering law school if one were to be admitted to practice. Then two degrees were not enough: one had to pass a restructured, formalized bar exam as well. Read the rest of this entry »

, , , , , , , , , , , , , , , , , , , , , , , ,

Law in Melville and Hawthorne

In America, American History, Arts & Letters, Historicism, History, Humanities, Law, Law-and-Literature, Literary Theory & Criticism, Literature, Nineteenth-Century America, Novels, Writing on July 11, 2012 at 8:45 am

Allen Mendenhall

Law was a common trope in the writing of nineteenth century American authors.  The jurist Roscoe Pound referred to nineteenth century America as a “frontier society” that was struggling to define what law was.  Justice John Marshall was carving out the jurisdiction of the nation’s high court, even as Andrew Jackson challenged Marshall’s authority to do so.  (Jackson supposedly said, in regard to Worcester v. Georgia, that Marshall had made his decision, “now let him enforce it.”)  American jurisprudents were seeking to reconcile the contradictions between liberty and equality on the one hand—the ideals of the revolutionary generation—with the peculiar institution of slavery on the other.  The ethos of republicanism and the ideal of open discourse clashed with the legislative attempts among the Southern states to resurrect Roman code to validate slave laws, even as the judiciary, on all levels and in all states, attempted to incorporate British common law into a new setting with unique problems.  In short, law was in flux during the nineteenth century in America, and writers like Melville and Hawthorne picked up on this problem and gave it unique and sometimes troubling articulation in their literature.

The “facts” in Benito Cereno are strikingly similar to the facts in one of America’s most memorable cases: U.S. v. The Amistad, in which John Quincy Adams, among others, served as an attorney.  In both “cases,” slaves took over a slave ship, killed some of their white captives, and demanded that the remaining white shipmen return the boat to Africa.  Rather than doing that, however, the white shipmen steered a path toward America, where the unsuspecting crew of another ship, sensing something wrong, came to assist.  These fact patterns raise sensitive and disturbing questions about the law.  What is justice?  How should it be determined?  Which party is right, and what does it mean to be right or to have rights?  For that matter, what is the law to begin with?

In Benito Cereno, Cereno is the captain of the ship bearing slaves, and it is from Delano’s perspective that we learn, gradually, that a slave revolt has occurred and that Cereno is being held captive by Africans.  Delano is the captain of a different ship who has come aboard Cereno’s ship to assist Cereno’s apparently distressed crew.  The leader of the slave revolt, Babo, himself a slave, is always by Cereno’s side, thereby giving Delano the impression that Cereno has a loyal servant.  What Delano eventually discovers is that the slaves have spared the lives of only Cereno and a few other whites in order that these whites return the ship to Africa.

In Amistad as in Benito Cereno, the African slaves had been removed from their homeland, without their consent, and taken to a foreign land among alien peoples for the sole purpose of perpetual enslavement.  On the other hand, the white shipmen had, it could be argued, complied with the law of the sea in conducting these actions, and they were murdered by mutinying slaves.  The problem here is that neither side seems to represent an unquestionably moral or obviously right position.  Slavery is evil, but so is murder.  Melville, perhaps realizing the literary possibilities created by this tension, subjects this challenging set of circumstances to rigorous interrogation by way of a captivating narrative. Read the rest of this entry »

, , , , , , , , ,

Review of Coleman Hutchinson’s Apples and Ashes

In America, American History, Arts & Letters, Book Reviews, Fiction, Historicism, History, Humanities, Literary Theory & Criticism, Literature, Nineteenth-Century America, Novels, Southern History, Southern Literary Review on June 20, 2012 at 8:00 am

Allen Mendenhall

The following review first appeared here at the Southern Literary Review.

Confederate literature and literary culture have not received the critical consideration that they warrant.  Not only that, but they have been dismissed as scant and mediocre.  Scholars of the South and of the Civil War—even those whose work has reached wide audiences—have paid more attention to other humanistic fields than to literature, particularly to Confederate literature and particularly during the so-called “fighting” years of 1861-1865.  This neglect, argues Coleman Hutchison in Apples and Ashes, is regrettable because “the Confederacy gave rise to a robust literary culture.”

Several factors account for the dearth of scholarship on Confederate literature, not least of which is the fact that the Confederacy existed for only a short time, during which Confederate writers had to overcome, among other things, ink and paper shortages; many of these men and women struggled to see their work reach print in cities occupied by Union troops.  Accordingly, much of what might have become Confederate literature was lost or unpublished, yet the relative shortage of Confederate literature was not due to lack of talent, but to printing paralysis.

Another reason Confederate literature has failed to become a common subject of study is the presumption that this topic is not worthwhile, largely because Confederate cultural values have been discredited.  There is, today, the tendency to demonize or denounce any person who would take seriously the claims and writings of Confederate partisans, politicians, and highbrows.  Yet to take something seriously is not to endorse it, and to proclaim certain intellectual matters off-limits—even if those matters are highly complex and, when studied carefully, telling about contingencies and urgencies of our own day—is dangerous and foolish indeed.  Hutchison is just as aware of the importance of Confederate literature as he is of the importance of disclaiming it.  “To write about the Confederate nation,” he says, “is to risk being seen as endorsing its right to exist.”  He adds, emphatically, that his book “is by no means an apology for the Confederacy or Confederate nationalism,” and that he “finds almost nothing that is admirable in the politics and culture of the Civil War South.”  That Hutchison feels compelled to disassociate himself from Confederate ideology at all suggests how strangely anxious the impulsive, opportunistic, or lazy readers will be to either condemn or celebrate (depending on their perspective) this book as pro-Confederate.

Mostly uninterested in matters of taste and judgment regarding the literary quality of his subjects, Hutchison submits that Confederate literature teaches literary scholars not only about the nuances and cultures of nationalism, but also about nineteenth century American (read: non-Confederate) letters generally, since Confederate literature was in conversation with—and in contradistinction to—American literary nationalism.  Among the distinguishing features of Confederate literature were its aspirational impulses and its focus upon an imagined and impossible future.  In some respects, the South’s belles lettres recognized the poignancy of a lost cause narrative before the cause was actually lost. Read the rest of this entry »

, , , , , , , ,

Sidney Morgenbesser on the American Pragmatists

In America, American History, Arts & Letters, History, Humanities, Literary Theory & Criticism, Nineteenth-Century America, Philosophy, Pragmatism, Rhetoric, Western Civilization, Western Philosophy on June 13, 2012 at 8:00 am

Sidney Morgenbesser was a philosophy professor at Columbia University.  Among his students were Jerry Fodor, Raymond Geuss, Robert Nozick, and Derek Parfit.  In the following videos, Professor Morgenbesser speaks to Bryan Magee about the American Pragmatists.

Section One

Section Two

Section Three

Section Four

Section Five

, , , , , , ,

“Gone,” Edited with Photography by Nell Dickerson

In Arts & Letters, Book Reviews, History, Humanities, Nineteenth-Century America, Southern History, Southern Literary Review, The South, Writing on May 9, 2012 at 7:45 am

Allen Mendenhall

The following review originally appeared here in the Southern Literary Review.

I’ve always maintained a spectator’s curiosity in the rituals and practices of photography.  I can’t take a good picture, no matter which side of the camera I’m on, but I appreciate the idea of reducing the world to a more manageable form, something I can look at and admire without getting overwhelmed by the sheer magnitude and kinetics of it all.

I used to have a friend who was a photographer, and I would watch her take pictures.  She tried, once or twice, to teach me the nuances and particulars of photography, but I’m too proud to fail at new activities, so I strive never to undertake them.

Photographs are, folks say, moments stuck in time.  That makes them especially melancholy if their subjects, as it were, are decaying, rotting, or dying.  That’s what I realized when I leafed through the pages of Gone, a brilliant, conversation-starting, coffee-table book bearing the subtitle “A Heartbreaking Story of the Civil War,” and the sub-sub-title “A Photographic Plea for Preservation.”

Gone makes history even as it documents history.  Its images of antebellum Southern churches, plantations, and homes—some dilapidated, some just barely restored—ought to remind Southerners of the need for preserving the finest monuments of, and to, our complicated history.

That the photographer is Nell Dickerson, cousin to the late, great historian and novelist Shelby Foote, who needs no introduction to readers of this publication—although we editors have given him one—only adds a sense of authenticity to this project.  It’s as if in image and word and authorial kin, the book is tied to a past that struggles, and fails, to remain present; and it’s in that failing that the book achieves its most meaningful and poignant expression.

We Southerners place a premium on the fixed, the immutable, the known, perhaps because we understand that the things we value—family, hearth, home, community, place, religion—are bound to change.  We mourn change as we mourn loss, because all change entails loss, and it’s our tendency to mourn that gives us a unique, constructive identity.

We define ourselves as a people who have lost, or have lost something.  It’s a position that doesn’t survive interrogation, but there it is, a tragic ethos (and, for that matter, pathos) that we hope will stay the same when all else is, if not different, then almost unfamiliar.  Almost. Read the rest of this entry »

, , , , , , , , , , , , , , , , , , , , , , , ,

Emersonian Individualism

In America, American History, Art, Arts & Letters, Creativity, Emerson, Epistemology, Essays, Humanities, Liberalism, Libertarianism, Literary Theory & Criticism, Literature, Nineteenth-Century America, Philosophy, Poetry, Politics, Pragmatism, Rhetoric, Santayana, Western Civilization, Western Philosophy, Writing on April 4, 2012 at 6:48 am

Allen Mendenhall

The following essay originally appeared here at Mises Daily.

Ralph Waldo Emerson is politically elusive. He’s so elusive that thinkers from various schools and with various agendas have appropriated his ideas to validate some activity or another. Harold Bloom once wrote, “In the United States, we continue to have Emersonians of the Left (the post-Pragmatist Richard Rorty) and of the Right (a swarm of libertarian Republicans, who exalt President Bush the Second).”[1] We’ll have to excuse Bloom’s ignorance of political movements and signifiers — libertarians who exalt President Bush, really? — and focus instead on Bloom’s point that Emerson’s influence is evident in a wide array of contemporary thinkers and causes.

Bloom is right that what “matters most about Emerson is that he is the theologian of the American religion of Self-Reliance.”[2] Indeed, the essay “Self-Reliance” remains the most cited of Emerson’s works, and American politicians and intellectuals selectively recycle ideas of self-reliance in the service of often disparate goals.

Emerson doesn’t use the term “individualism” in “Self-Reliance,” which was published in 1841, when the term “individualism” was just beginning to gain traction. Tocqueville unintentionally popularized the signifier “individualism” with the publication of Democracy in America. He used a French term that had no counterpart in English. Translators of Tocqueville labored over this French term because its signification wasn’t part of the English lexicon. Emerson’s first mention of “individualism” was not until 1843.

It is clear, though, that Emerson’s notion of self-reliance was tied to what later would be called “individualism.” Emerson’s individualism was so radical that it bordered on self-deification. Only through personal will could one realize the majesty of God. Nature for Emerson was like the handwriting of God, and individuals with a poetical sense — those who had the desire and capability to “read” nature — could understand nature’s universal, divine teachings.

Lakes, streams, meadows, forests — these and other phenomena were, according to Emerson, sources of mental and spiritual pleasure or unity. They were what allowed one to become “part and parcel with God,” if only one had or could become a “transparent eyeball.” “Nothing at last is sacred,” Emerson said, “but the integrity of your own mind.” That’s because a person’s intellect translates shapes and forms into spiritual insights.

We cannot judge Emerson exclusively on the basis of his actions. Emerson didn’t always seem self-reliant or individualistic. His politics, to the extent that they are knowable, could not be called libertarian. We’re better off judging Emerson on the basis of his words, which could be called libertarian, even if they endow individualism with a religiosity that would make some people uncomfortable.

Emerson suggests in “Self-Reliance” that the spontaneous expression of thought or feeling is more in keeping with personal will, and hence with the natural world as constituted by human faculties, than that which is passively assumed or accepted as right or good, or that which conforms to social norms. Emerson’s individualism or self-reliance exalted human intuition, which precedes reflection, and it privileged the will over the intellect. Feeling and sensation are antecedent to reason, and Emerson believed that they registered moral truths more important than anything cognition could summon forth.

Emerson’s transcendentalism was, as George Santayana pointed out in 1911, a method conducive to the 19-century American mindset.[3] As a relatively new nation seeking to define itself, America was split between two mentalities, or two sources of what Santayana called the “genteel tradition”: Calvinism and transcendentalism.

The American philosophical tradition somehow managed to reconcile these seeming dualities. On the one hand, Calvinism taught that the self was bad, that man was depraved by nature and saved only by the grace of God. On the other hand, transcendentalism taught that the self was good, that man was equipped with creative faculties that could divine the presence of God in the world. The Calvinist distrusted impulses and urges as sprung from an inner evil. The transcendentalist trusted impulses and urges as moral intuition preceding society’s baseless judgments and prevailing conventions.

What these two philosophies had in common was an abiding awareness of sensation and perception: a belief that the human mind registers external data in meaningful and potentially spiritual ways. The Calvinist notion of limited disclosure — that God reveals his glory through the natural world — played into the transcendentalists’ conviction that the natural world supplied instruments for piecing together divinity.

The problem for Santayana is that transcendentalism was just a method, a way of tapping into one’s poetical sense. What one did after that was unclear. Santayana thought that transcendentalism was the right method, but he felt that Emerson didn’t use that method to instruct us in practical living. Transcendentalism was a means to an end, but not an end itself.

According to Santayana, Emerson “had no system” because he merely “opened his eyes on the world every morning with a fresh sincerity, marking how things seemed to him then, or what they suggested to his spontaneous fancy.”[4] Emerson did not seek to group all senses and impressions into a synthetic whole. Nor did he suggest a politics toward which senses and impressions ought to lead. Santayana stops short of accusing Emerson of advancing an “anything-goes” metaphysics. But Santayana does suggest that Emerson failed to advance a set of principles; instead, Emerson gave us a technique for arriving at a set of principles. Emerson provided transportation, but gave no direction. This shortcoming — if it is a shortcoming — might explain why Bloom speaks of the “paradox of Emerson’s influence,” namely, that “Peace Marchers and Bushians alike are Emerson’s heirs in his dialectics of power.”[5]

For Emerson, human will is paramount. It moves the intellect to create. It is immediate, not mediate. In other words, it is the sense or subjectivity that is not yet processed by the human mind. We ought to trust the integrity of will and intuition and avoid the dictates and decorum of society.

“Society,” Emerson says, “everywhere is in conspiracy against the manhood of every one of its members.” Society corrupts the purity of the will by forcing individuals to second-guess their impulses and to look to others for moral guidance. Against this socialization, Emerson declares, “Whoso would be a man, must be a nonconformist.”

Emerson’s nonconformist ethic opposed habits of thinking, which society influenced but did not determine. Emerson famously stated that a foolish consistency is the hobgoblin of little minds. What he meant, I think, is that humans ought to improve themselves by tapping into intuitive truths. Nature, with her figures, forms, and outlines, provides images that the individual can harness to create beauty and energize the self. Beauty therefore does not exist in the world; rather, the human mind makes beauty out of the externalities it has internalized. Beauty, accordingly, resides within us, but only after we create it.

Here we see something similar to Ayn Rand’s Objectivism stripped of its appeals to divinity. Rand believed that reality existed apart from the thinking subject, that the thinking subject employs reason and logic to make sense of experience and perception, and that the self or will is instrumental in generating meaning from the phenomenal world. Read the rest of this entry »