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John William Corrington on Intuition and Intellect

In America, American History, American Literature, Arts & Letters, Books, Essays, History, Humanities, John William Corrington, liberal arts, Literary Theory & Criticism, Literature, Modernism, Philosophy, Poetry, Religion, Scholarship, Southern History, Southern Literature, The South, Western Philosophy, Writing on October 17, 2018 at 6:45 am

In my edition of John William Corrington’s essays, I assembled Corrington’s unpublished notes and sections of his unpublished lectures from the early 1970s that he maintained in one document.  Because of the subject matter, I titled this section “Intuition-Intellect.”

This material demonstrates the shift in Corrington’s interests in poetry as a craft to more philosophical concerns that were influenced by poetry, or mythopoetics. His discussion of myth and his references to Eric Voegelin in these notes suggests that he had just begun to read Voegelin and to explore Gnosticism and myth criticism.

Corrington questions here the relationship between science and philosophy and hypothesizes about how the truths generated by science become mythologized to satisfy certain human desires. He proposes that science itself has a “mythic” character and claims that “the aftermath of every significant act of science is its mythologization.” Corrington speculates whether myth is inevitable because it fulfills something basic or instinctive in human nature.

Science amasses data for their predictive value, but asking what these data mean is the beginning of myth, which, properly understood, is another form of understanding and articulating truths about the world. However, myth can also, Corrington claims, have destructive implications at odds with truth. He warns about mismanaging myth, giving such examples as Nazism, Marxism, and free enterprise: ideological constructs that rely on abstract myth narratives to stamp out opposition.

Corrington critiques the scientism that has developed since the Enlightenment because he considers its emphasis on empiricism and rationalism to mask its role in formulating mythic patterns or archetypes for governing the phenomenal world, including the human social order. These patterns or archetypes, despite their mythic nature, are taken as authoritative and valid because they are conflated with or understood as scientific truth; in this manner they are assumed to be separate and apart from myth when in fact they constitute myth.  They are dangerous because they are presumed to be scientific truth subject to certain and definite application when in fact they represent mythopoetic urges to satisfy innate and instinctual human impulses.

Corrington transitions from this discussion of myth and science into a discussion of twentieth-century poetry and its “overintellectualization,” as evidenced by the implementation of supposedly scientific approaches to the study of poetry. Corrington considers the New Criticism to represent such a scientific approach to poetry.

The turn to reason and science, Corrington suggests, has destroyed the aesthetics of poetry just as it has destroyed human civilizations in the sociopolitical context. In both contexts there has been, he believes, a failure to realize the distinction between science and the mythologization of science, a failure that has led certain groups to mistake what is unreasonable and irrational for absolute reason and rationality, to believe, that is, that what is merely a pattern or archetype—a human construct—is something given and definite even apart from human knowledge of it. Those who fail to understand the distinction between science and the mythologization of science embrace a potentially destructive psychic system that mistakes science for its opposite. This essay shows that, as Corrington begins to transition away from the writing of poetry, he is also trying to integrate his interest in poetry with his growing interest in philosophy.

The exact date of this Corrington material is unknown; however, certain references suggest that Corrington wrote these notes in or around 1971. For example, he mentions a “new” album by the Rolling Stones, Sticky Fingers, which came out in 1971. It is possible that part of this material comes from a lecture that Corrington gave to the South-Central Modern Language Association in 1968. That lecture was titled “Cassirer’s Curse, Keats’s Urn, and the Poem Before the Poem.” Some of the material may have come from the National Science Foundation Lecture that Corrington titled “Science and the Humanities” and delivered at Louisiana State University in 1966. Corrington began the essay with four discursive notes under the heading “Statements and Questions.” Because the ideas in these notes are more fully developed in the text proper, I have moved them to the end of the essay.

“Intuition-Intellect” has been printed in my recent edition of Corrington’s work, which is available for purchase by clicking on the image below:

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Who Was John William Corrington?

In America, American Literature, Arts & Letters, Books, Conservatism, Essays, History, Humanities, liberal arts, Literary Theory & Criticism, Literature, Novels, Poetry, Scholarship, Southern History, Southern Literature, The South, Writing on October 10, 2018 at 6:45 am

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Born in Cleveland, Ohio, on October 28, 1932, John William Corrington—or Bill, as his friends and family called him—claimed on his academic CV that he was born in Memphis, Tennessee.  Raised Catholic, he attended a Jesuit high school in Louisiana but was expelled for “having the wrong attitude.” The Jesuit influence would remain with him as he explored in his scholarly pursuits certain forms of Catholic mysticism as well as the teachings of the ancient Gnostics.

Bill loved the South and Southern literature and during his career authored or edited, or in some cases co-edited, twenty books of varying genres.  He earned a B.A. from Centenary College and M.A. in Renaissance literature from Rice University, where he met his wife, Joyce, whom he married on February 6, 1960. In September of that year, he and Joyce moved to Baton Rouge, where he became an instructor in the Department of English at Louisiana State University (LSU). At that time, LSU’s English department was known above all for The Southern Review (TSR), the brainchild of Cleanth Brooks and Robert Penn Warren, but also for such literary luminaries as Robert Heilman, who would become Bill’s friend.

In the early 1960s, Bill pushed for TSR to feature fiction and poetry and not just literary criticism. He butted heads with then-editors Donald E. Stanford and Lewis P. Simpson. A year after joining the LSU faculty, he published his first book of poetry, Where We Are. With only 18 poems and 225 first edition printings, the book hardly established his reputation as a Southern man of letters. But it gave his name instant recognition and inspired his confidence to complete his first novel, And Wait for the Night (1964).

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Bill and Joyce spent the 1963-64 academic year in Sussex, England, where Bill took his D.Phil. from the University of Sussex in 1965, writing his dissertation on James Joyce. In the summer of 1966, at a conference at Northwestern State College, Mel Bradford, a Southern conservative English professor, pulled Bill aside and told him that And Wait for the Night (1964) shared some of the themes and approaches of William Faulkner’s The Unvanquished.  Bill agreed, happily.

Of Bill and Miller Williams, Bill’s colleague at LSU, Jo LeCoeur, poet and literature professor, once stated, “Both men had run into a Northern bias against what was perceived as the culturally backward South.  While at LSU they fought back against this snub, editing two anthologies of Southern writing and lecturing on ‘The Dominance of Southern Writers.’  Controversial as a refutation of the anti-intellectual Southern stereotype, their joint lecture was so popular [that] the two took it on the road to area colleges.”

In 1966, Bill and Joyce moved to New Orleans, where the English Department at Loyola University, housed in a grand Victorian mansion on St. Charles Avenue, offered him a chairmanship. Joyce earned her M.S. in chemistry from LSU that same year. By this time, Bill had written four additional books of poetry, the last of which, Lines to the South and Other Poems (1965), benefited from Charles Bukowski’s friendship and influence. Bill’s poetry earned a few favorable reviews but not as much attention as his novels—And Wait for the Night (1964), The Upper Hand (1967), and The Bombardier (1970). Writing in The Massachusetts Review, Beat poet and critic Josephine Miles approvingly noted two of Bill’s poems from Lines, “Lucifer Means Light” and “Algerien Reveur,” alongside poetry by James Dickey. Dickey himself admired Bill’s writing, saying, “A more forthright, bold, adventurous writer than John William Corrington would be very hard to find.”

Joyce earned her PhD in chemistry from Tulane in 1968.  Her thesis, which she wrote under the direction of L. C. Cusachs, was titled, “Effects of Neighboring Atoms in Molecular Orbital Theory.” She began teaching chemistry at Xavier University; her knowledge of the hard sciences brought about engaging conservations, between her and Bill, about the New Physics. “Even though Bill only passed high school algebra,” Joyce would later say, “his grounding in Platonic idealism made him more capable of understanding the implications of quantum theory than many with more adequate educations.”

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Bill became increasingly disenchanted with what he perceived to be radical campus politics, so he entered law school at Tulane University, graduating in 1975 and, with Joyce, coauthoring the screenplay for Battle for the Planet of the Apes (1973) while he was still a law student. By the time he graduated from law school, he had penned three novels, a short story collection, two editions (anthologies), and four books of poetry. But his writings earned him little money despite their sales figures.

Bill joined the law firm of Plotkin & Bradley, a small personal injury practice in New Orleans, and continued to publish in such journals as The Sewanee Review and The Southern Review, and in such conservative periodicals as The Intercollegiate Review and Modern Age.  His stories took on a legal bent, peopled as they were with judges and attorneys. But neither law nor legal fiction brought him the fame or fortune he desired.

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So he turned to screenplays—and, at last, earned the profits he sought. Viewers of the recent film I am Legend (2007), starring Will Smith, might be surprised to learn that Bill and Joyce wrote the screenplay for the earlier version, Omega Man (1971), starring Charlton Heston.  And viewers of the recent Battle for the Planet of the Apes films, the latest of which is currently in theaters, might be surprised to learn that Bill co-wrote the film’s original screenplay. All told, Bill and Joyce wrote five screenplays and one television movie together. Bill collaborated with Joyce on various television soap operas as well, among them Search for TomorrowAnother WorldTexasCapitolOne Life to LiveSuperior Court, and General Hospital.  These ventures gained the favor of Hollywood stars, and Bill and Joyce eventually moved to Malibu.

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By the mid-70s, Bill, who preferred deep learning and philosophy to the popular writing that was earning him a comfortable living, had become fascinated by Eric Voegelin. A German historian, philosopher, and émigré who had fled the Third Reich, Voegelin taught in LSU’s history department and lectured for the Hoover Institution at Stanford University, where he was a Salvatori Fellow. Voegelin’s philosophy inspired Bill and gave Bill a research focus and writing subject for the hours when he was not writing for film or television. In fact, Voegelin made such a lasting impression that, at the time of Bill’s death, Bill was working on an edition of Voegelin’s The Nature of the Law and Related Legal Writings. (After Bill’s death, two men—Robert Anthony Pascal and James Lee Babin—finished what Bill had begun. The completed edition appeared in 1991.)

Bill constantly molded and remolded his image, embracing Southern signifiers while altering their various expressions.  His early photos suggest a pensive, put-together gentleman wearing ties and sport coats and smoking pipes.  Later photos depict a rugged man clad in western wear. Still later photos conjure up the likes of Roy Orbison, what with Bill’s greased hair, cigarettes, and dark sunglasses.

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Whatever his looks, Bill was a stark, provocative, and profoundly sensitive writer. His impressive oeuvre has yet to receive the critical attention it deserves. There are no doubt many aspects of Bill’s life and literature left to be discovered.  As Bill’s friend William Mills put it, “I believe there is a critique of modernity throughout [Bill’s] writing that will continue to deserve serious attentiveness and response.”

On Thanksgiving Day, November 24, 1988, Bill suffered a heart attack and died. He was 56. His last words were, “it’s all right.” An introduction to his life’s work is both timely and necessary; this proposed manuscript will fill a gap in scholarship in addition to surveying the works of a man who was so important to the literary scene of the 1960s and 1970s. In other words, this manuscript will make a scholarly contribution even as it serves as a basic introduction to Corrington’s writing and career.

This manuscript, moreover, will have the added benefit of being the first book-length exposition of Corrington’s oeuvre and will place his fiction and poetry into historical context. The manuscript will consist of approximately 58,000 to 60,000 words, including bibliography and front matter. It will include both primary and secondary bibliographies. More detailed information about the specific plan of the book may be found below. Here, in conclusion, is a list of Corrington’s most notable works:

 

Where We Are (Poetry), The Charioteer Press, Washington,

  1. C., 1962. Hardback and paperback.

 

The Anatomy of Love and Other Poems (Poetry), Roman Books,

Ft. Lauderdale, Florida, 1964.  Hardback and paperback.

 

Mr. Clean and Other Poems (Poetry), Amber House Press, San

Francisco, California, 1964.

 

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And Wait for the Night (Novel),

  1. P. Putnam’s Sons, New York, N. Y., 1964;

Anthony Blond, Ltd., London, 1964;

Pocket Books, Inc., New York, N. Y., 1965;

Panther Books, Ltd., London, 1967.

 

Lines to the South and Other Poems (Poetry), Louisiana State

University Press, Baton Rouge, Louisiana, 1965.

 

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Southern Writing in the Sixties: Fiction (Anthology), ed.

with Miller Williams, Louisiana State University Press,

Baton Rouge, Louisiana, 1966. Hardback and paperback.

 

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Southern Writing in the Sixties: Poetry (Anthology), ed.

with Miller Williams, Louisiana State University Press,

Baton Rouge, Louisiana, 1967. Hardback and paperback.

 

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The Upper Hand (Novel),

  1. P. Putnam’s Sons, New York, N. Y., 1967;

Anthony Blond, Ltd., London, 1968;

Berkeley Books, New York, N. Y., 1968;

Panther Books, London, 1969.

 

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The Lonesome Traveler and Other Stories (Short Fiction),

  1. P. Putnam’s Sons, New York, N. Y., 1968.

 

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The Bombardier (Novel),

  1. P. Putnam’s Sons, New York, N. Y., 1970;

Lancer Books, New York, N. Y., 1972.

 

The Actes and Monuments (Short Fiction), University of

Illinois Press, Urbana, Illinois, 1978. Hardback and paperback.

 

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The Southern Reporter Stories (Short Fiction),

Louisiana State University Press, Baton Rouge,

Louisiana, 1981.

 

 

Shad Sentell (Novel),

Congdon & Weed, Inc., New York, N. Y., 1984;

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(Shad) Macmillan, London, 1984;

(Shad) Grafton Books, London, 1986.

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So Small a Carnival, (Novel, with Joyce H. Corrington),

Viking/Penguin, New York, 1986;

Ballantine Books, New York, 1987;

(Karneval med doden) Nyt Nordisk Forlag Arnold Busck

A/S, Kobenhavn, Denmark, 1988;

Hayakawa Publishing, Inc, Japan, 1988;

(New Orleans Carneval) Wilhelm Heyne Verlag, Munchen,

Germany, 1988;

(Carnaval de Sangue) Editora Best Seller, Sao Paulo,

Brazil, 1988;

Mysterious Press, London, UK, 1989;

(Carnaval de Sangue) Editora Nova Cultural Ltda., Sao

Paulo, Brazil, 1990.

 

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A Project Named Desire, (Novel, with Joyce H. Corrington),

Viking/Penguin, New York, 1987;

(Das Desire-Projekt) Wilhelm Heyne Verlag, Munchen,

Germany, 1987;

 

Ballantine Books, New York, 1988;

(Dannys sidste sang) Nyt Nordisk Forlag Arnold Busck,

Kobenhavn, Denmark, 1988;

Hayakawa Publishing, Inc., Japan, 1988;

(Una Canzone Per Morire) Arnoldo Mondadori Editore

S.p.A., Milano, Italy;

(Um Projecto Chamado Desejo) Editora Nova Cultural

Ltda., Sao Paulo, Brazil, 1990;

(Um Projecto Chamado Desejo) Circulo do Livro, Sao

Paulo, Brazil, 1990;

(Um Projecto Chamado Desejo) Editora Best Seller, Sao

Paulo, Brazil, 1990.

 

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A Civil Death, (Novel, with Joyce H. Corrington),

Viking/Penguin, New York, 1987;

(Begrabnis Erster Klasse) Wilhelm Heyne Verlag,

Munchen, Germany, 1988;

Ballantine Books, New York, 1989;

Hayakawa Publishing, Inc., Japan, 1989;

(Finche Odio Ci Separi) Arnoldo Mondadori Editore

S.p.A., Milano, Italy, 1989.

 

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All My Trials, (2 Short Novels, “Decoration Day” and “The

Risi’s Wife”), University of Arkansas Press,

Fayetteville, Arkansas, 1987. Hardback and paperback.

 

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The White Zone, (Novel with Joyce Corrington),

Viking/Penguin, New York, 1990.

 

 

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The Collected Stories of John William Corrington, ed. by

Joyce Corrington, University of Missouri Press,

Columbia, Missouri, 1990.

 

The Collected Works of Eric Voegelin, Volume 27, The Nature

    of the Law, and Related Legal Writings, ed. with Robert

Anthony Pascal, James Lee Babin, Louisiana State

University Press, Baton Rouge, Louisiana, 1991.

John William Corrington’s Credo for Poets

In American History, American Literature, Arts & Letters, Books, Essays, History, Humanities, John William Corrington, liberal arts, Literary Theory & Criticism, Literature, Scholarship, Southern History, Southern Literature, The South, Writing on October 3, 2018 at 6:45 am

John William Corrington’s essay “A Poet’s Credo” appeared in the journal Midwest in 1961. In it, Corrington writes that over the course of the twentieth century, poetry gradually became less “intellectual,” a view he purports to share with Norman Mailer. Corrington decries as “love drivel” much of the poetry from the sixteenth to the twentieth century but considers the end of the nineteenth and the beginning of the twentieth century to have been a renaissance for poetry that is now in decline, with the notable exception of the poetry of Charles Bukowski, Allen Ginsberg, and Lawrence Ferlinghetti.

Corrington writes against the mass proliferation of quarterly journals that, he says, has resulted in the publication of more and more bad poetry. Corrington expresses appreciation for poets like Auden, Eliot, and Pound, but wishes there were more room in anthologies for writers like Bukowski, Ginsberg, and Ferlinghetti, who, he says, represent “the new vision, the new lightning that is shaking on the west coast and in New Orleans, in New York and along the tidewater.”

Corrington is not against modernist poets like W. H. Auden, T.S. Eliot, and Ezra Pound; rather, he is against those who continue to imitate or copy these figures. What Corrington prizes in poetry is originality, which he considers to be lacking in the industry of literary periodicals in no small part because the editors of such periodicals publish only poems that copy the poetry of an earlier age rather than staking out new territory.

Corrington calls this essay a “credo,” perhaps because of the incantatory rhythms of the essay in addition to the statement of his belief that lasting poetry is, paradoxically, that which seems new.

This essay is remarkable for revealing Corrington’s early affiliation with Beat writers. Early in his career Corrington was known as a poet and interested mostly in poetry. Later in life he began to retreat from poetry as he grew more interested in philosophy, specifically in the thinking of Eric Voegelin and Gnosticism.

“A Poet’s Credo” has been printed in my recent edition of Corrington’s work, which is available for purchase by clicking on the image below:

John William Corrington on the Uses of History and the Meaning of Fiction

In American History, American Literature, Arts & Letters, Books, Conservatism, Creative Writing, Essays, History, Humanities, John William Corrington, liberal arts, Literary Theory & Criticism, Literature, Scholarship, Writing on September 26, 2018 at 6:45 am

In 1966, John William Corrington delivered a lecture titled “The Uses of History and the Meaning of Fiction” as part of a discussion series created by the National Defense Education Act.

Corrington used the occasion to attack what he dubbed “realism” and to decry the use of verisimilitude in fiction. Corrington focuses on “dialogue” and suggests that, although his fiction is praised above all for its dialogue, the dialect spoken by his characters does not actually exist. He developed what he calls “synthetic speech,” a mix of Southern or Appalachian dialect coupled with African-American dialect.

Corrington surveys several “canonical” writers in his lecture for the way in which they employed dialogue and speech in their work, i.e., whether they were after the sounds that are actually spoken or some form of manufactured speech that served the rhetorical function of fiction.

Corrington believed that writers ought to strike a balance between actual and imaginary speech.

Although primarily a commentary on craft, this lecture reveals elements of Corrington’s traditionalism. His use of such phrases as “the best literature in the Western world” indicates his abiding conservatism and his belief in a literary canon characterized by fixed and unchanging aesthetic standards.

“The Uses of History and the Meaning of Fiction” has been printed in my recent edition of Corrington’s work, which is available for purchase by clicking on the image below:

John William Corrington on the Mystery of Writing

In Academia, American History, American Literature, Arts & Letters, Books, Conservatism, Creative Writing, Creativity, Essays, History, Humanities, John William Corrington, liberal arts, Literary Theory & Criticism, Literature, Scholarship, Southern History, Southern Literature, The South, Writing on September 19, 2018 at 6:45 am

In 1985, John William Corrington delivered a lecture (“The Mystery of Writing”) at the Northwest Louisiana Writer’s Conference in Shreveport, Louisiana, his hometown. The lecture is part memoir, part commentary on writing as a craft.

Corrington explained in his lecture that he wanted to be a musician before he wanted to be a writer. He discusses his education at Centenary College and the state of popular literature at the time. He explains that he left academia because he felt disenfranchised politically in the academy, thus causing him to enter law school.

The lecture demonstrates that Corrington saw himself as a Southern author who bemoaned the state of current popular writing. He notes how his popular writing for film and television earned him money though his literary writing—novels and poetry—was not profitable.

Although he wrote for film and television, Corrington disdained those media forms and felt they did not challenge viewers intellectually, at least not in the way that literature challenged readers.

Corrington’s conservatism is evident in his emphasis on a discernible literary tradition and his disgust for the technologies that made possible his own career. His advice for his audience is that they write about what they know, just as he writes about the South; therefore, he advises his audience not to become professional writers, but to find other employment as a source for writing. His discussion of good writing as an ongoing investigation of perennial themes calls to mind the controversial notion of the literary canon as developed by Harold Bloom, Allan Bloom, John Ellis, and E. D. Hirsch.

“The Mystery of Writing” has been printed in my recent edition of Corrington’s work, which is available for purchase by clicking on the image below:

Why Universities Must Embrace Free Speech—Or Else

In Academia, America, Arts & Letters, Book Reviews, Books, Communication, Humanities, liberal arts, Liberalism, Pedagogy, Philosophy, Rhetoric & Communication, Scholarship on August 22, 2018 at 6:45 am

This review originally appeared here in The Federalist.

Keith E. Whittington, a professor of politics at Princeton University, calls his latest book, Speak Freely: Why Universities Must Defend Free Speech, a “reminder”—a term suggesting that we’ve forgotten something or that there’s something so important that we shouldn’t forget it. This something is the purpose of the modern university, which is, or should be, a refuge for open dialogue, rigorous debate, and the free exchange of ideas.

Safe spaces, trigger  warnings, speaker disinvitations, speech zones, no-platforming, physical assaults against speakers—these are sure signs that some university cultures have become illiberal and intolerant, prioritizing indoctrination, orthodoxy, conformity, narrow-mindedness, censorship, and dogmatism over the unfettered pursuit of knowledge and wide dissemination of ideas.

Universities are not one-size-fits-all. The multiplicity among and between institutions of higher education in the United States, from community colleges to liberal-arts colleges to state flagship universities, makes generalizations about them impossible. Modern universities, however, are decidedly committed to research on the nineteenth-century German model. Whittington’s chief subject is this modern university, not religiously affiliated colleges guided by a core mission to spread and inspire doctrinal faith through formal education.

This is a very different model than, say, the distinctly Catholic university contemplated by Cardinal John Henry Newman in The Idea of a University that is predicated on the belief that scientific and philosophical knowledge is intimately tied to the revealed truths of the church. Whittington’s key focus appears to be on those institutions classified as doctoral research universities by the Carnegie Classification of Institutions of Higher Education. The gravest problem at such institutions is their coercive restrictions on speech.

Newly Relevant Free Speech Concerns

“My concern here,” Whittington says, “is with a particular problem on college campuses that is not new but newly relevant,” namely that “we are in danger of giving up on the hard-won freedoms of critical inquiry that have been wrested from figures of authority over the course of a century.” An ascendant intolerance jeopardizes free speech at universities, which have as their principal objective the formation and transmission of knowledge that itself depends upon free speech and inquiry.

To cultivate a liberal atmosphere tolerant of diverse views, universities must make room for marginalized voices and controversial ideas, submit received customs and conventions to continuous and critical examination, and welcome good-faith arguments that challenge cherished cultural norms and undermine accepted wisdom. Only by subjecting their beliefs to sustained scrutiny may scholars sharpen and refine their claims and achieve mutual understanding. Only by protecting the speech of dissenters from the shaming and retaliation of those who hold majority or dominant views may universities nurture the empathy and humility necessary to maintain constructive, scholarly conversations.

“[T]he value of free speech,” submits Whittington, “is closely associated with the core commitments of the university itself. The failure to adequately foster an environment of free speech on campus represents a failure of the university to fully realize its own ideals and aspirations.” More than that, such failure “subverts the very rationale for having a university and hampers the ability of universities to achieve their most basic goals.” To value the university is to value the free speech that characterizes the university’s goal and function.

In four succinct chapters, Whittington maps the history of the modern American university, demonstrating how free speech is integral to its mission and indispensable to the search for knowledge and understanding. The Jeffersonians’ opposition to the Sedition Act, and John Stuart Mill’s case against compelled silence in On Liberty, present seminal defenses of free expression that gave substance to the modern university’s commitment to vigorous deliberation and civil debate.

Universities Must Decide Where They Stand

Whittington shows that the free-speech ideal has always been contested on campus, its concrete manifestations differing from school to school and context to context. The tension, moreover, between protecting provocative speech and providing for student safety isn’t new. University administrators have long struggled to balance the promise of robust speech with the need for security in light of potentially violent backlash to offensive, incendiary utterances.

To those who abuse the system by inviting notorious speakers to campus to shout odious words that lack intellectual content and are meant only to shock and incite, Whittington offers this wisdom: “When we are making decisions about whom to invite to campus to speak, the goal should be neither to stack the deck with our closest allies nor to sprinkle in the most extreme provocateurs. The goal should be to make available to the campus community thoughtful representatives of serious ideas.”

The Charles Murrays of the world might enjoy more campus appearances, and more serious attention, if there were fewer speaking invitations to those grandstanding Milo Yiannopouloses, whose (typically) puerile messages and (typically) sophomoric style lack substantive intellectual content. Rather than Milo, why not invite one of the many conservative scholars who seek with sincerity and integrity to contribute to the sum of knowledge, but have been disenfranchised and dismissed by left-leaning faculty?

It’s not contradictory to celebrate free speech while urging restraint in selecting competent, well-meaning speakers. A dedication to pushing the limits of acceptable discourse is not, after all, the same as a dedication to learning the true and the good. Discerning the difference, however, is a task for the informed audience, not the campus censors. Suppressing foolish and fallacious ideas deprives students of the opportunity to learn what constitutes foolishness and fallaciousness.

Universities must choose: “They must decide whether they are committed to a joint project of learning and the principles and practices that make learning possible. If universities are to operate at the outer boundaries of our state of knowledge and to push those boundaries further outward, they must be places where new, unorthodox, controversial, and disturbing ideas can be raised and scrutinized.”

If universities cannot be counted on to expand the frontiers of knowledge, who or what will? This weighty question should cut across partisan lines and ideological camps and unite those of disparate backgrounds in a common cause: that of human progress and achievement.

Review of Paul Finkelman’s “Supreme Injustice”

In America, American History, Arts & Letters, Book Reviews, Books, Dred Scott, Historicism, History, Humanities, Jurisprudence, Justice, Law, Laws of Slavery, liberal arts, Nineteenth-Century America, Politics, Scholarship, Southern History, The South, Writing on August 8, 2018 at 6:45 am

This review originally appeared here in the Los Angeles Review of Books.

Paul Finkelman is an anomaly: a historian with no law degree who’s held chairs or fellowships at numerous law schools, testified as an expert witness in high-profile cases, and filed amicus briefs with several courts. Federal appellate judges, including justices on the United States Supreme Court, have cited his work. Liberal arts professors anxious about the state and fate of their discipline might look to him to demonstrate the practical relevance of the humanities to everyday society.

Finkelman specializes in American legal history, slavery and the law, constitutional law, and race and the law. His new book, Supreme Injustice, tells the story of three United States Supreme Court Justices — John Marshall, Joseph Story, and Roger B. Taney — and their “slavery jurisprudence.” Each of these men, Finkelman argues, differed in background and methodology but shared the belief that antislavery agitation undermined the legal and political structures instituted by the Constitution. Had they aligned their operative principles with the ideals of liberty, equality, and justice enshrined in the Declaration of Independence, liberty rather than racism and oppression might have defined antebellum America.

Finkelman insists that the legacy of Marshall, Story, and Taney had enormous implications for the state of the nation, strengthening the institutions of slavery and embedding in the law a systemic hostility to fundamental freedom and basic justice. These are strong allegations, attributed to only three individuals. Yet the evidence adds up.

Start with Marshall, a perennially celebrated figure who, unlike many of his generation, in particular his occasional nemesis Thomas Jefferson, has escaped scrutiny on matters of race and slavery. Finkelman submits that scholarship on Marshall is “universally admiring” — an overstatement perhaps, but one that underscores the prevalence of the mythology Finkelman hopes to dispel.

Finkelman emphasizes Marshall’s “personal ties to slavery” and “considerable commitment to owning other human beings.” He combs through numerous records and presents ample data to establish that Marshall, a life member of the American Colonization Society, “actively participated in slavery on a very personal level.” Finkelman then turns to Marshall’s votes and opinions in cases, several of which challenged state laws and rulings that freed slaves. In fact, Marshall would go so far as to overturn the verdicts of white Southern jurors and the judgments of white Southern judges who, in freedom suits, sided with slaves and against masters.

Marshall could be an ardent nationalist attempting to effectuate the supremacy of federal law. One is therefore tempted to attribute his rulings against state laws in cases about slavery to his longstanding desire to centralize federal power. But that is only part of the story. Finkelman brings to light exceptions, including when Marshall selectively deferred to state law if doing so meant that slaves remained the property of their masters. Finkelman highlights these decisions to show that Marshall was hypocritical, compromising his otherwise plenary nationalism to ensure that contractual and property arrangements regarding slaves were protected by law.

Story was also a nationalist, having evolved from Jeffersonianism to anti-Jeffersonianism and eventually becoming Marshall’s jurisprudential adjunct. Unlike Marshall, however, Story could sound “like a full-blown abolitionist.” His opinion in United States v. La Jeune Eugenie (1822) was “an antislavery tour de force,” decrying slavery and the slave trade as “repugnant to the natural rights of man and the dictates of judges.”

Yet he prioritized radical nationalism over the rights of humans in bondage. In Prigg v. Pennsylvania (1842), writing for the Court, he deemed unconstitutional a state ban on the extradition of blacks out of Pennsylvania for purposes of slavery. Story jumped at the chance to pronounce the primacy of federal law over state law even if it meant employing the Supremacy Clause to validate the Fugitive Slave Act of 1793. “A justice who had once thought slavery was deeply immoral,” Finkelman bemoans,

rewrote history, misstated precedents, and made up new constitutional doctrine to nationalize southern slave law and impose it on the entire nation. The decision jeopardized the liberty of every black in the North, whether free or fugitive. The injustice of this opinion was profound.

Author of the notorious Dred Scott opinion, Taney is the most predictable of Finkelman’s targets. By the end of the Civil War, he was vehemently denounced and widely despised. Progressives in the early 20th century, most notably Felix Frankfurter, rehabilitated his reputation in part because progressive economic policy during that era promoted Taney’s approach to states’ rights and political decentralization. The mood has changed; most historians now probably agree that Taney “aggressively protected slavery” and “made war on free blacks.” Few law professors would recall Taney’s “early ambivalence about slavery and his defense of the Reverend Jacob Gruber,” who was arrested for sermonizing against slavery at a Methodist camp meeting and subsequently charged with inciting slave rebellion. Finkelman’s chapter on Taney thus runs with the grain, not against it.

At times Finkelman exaggerates or wishfully portrays the role of judges. He asserts that, prior to the Civil War, courts rather than Congress or the executive had “room for protecting the liberty of free blacks, liberating some slaves, providing due process for alleged fugitive slaves, enforcing the federal suppression of the African slave trade, or preventing slavery from being established in federal territories.” This claim may hold up in some of the cases Finkelman discusses (e.g., LaGrange v. Choteau [1830], in which Marshall declined the opportunity to enforce federal law that could have freed a slave who had traveled into free territory), but not in all of them. If a judge were faced with a problem of statutory construction, he (there were only male judges then) could have asked what the language of the statute meant, how it applied to the concrete facts and material rules before him, and whether it was constitutional, but anything more would have arguably exceeded the scope of his office.

The Constitution was silent about slavery until the Civil War Amendments, also known as the Reconstruction Amendments. Prior to them, any attempt to render slavery unconstitutional would have required appeals to natural law, natural rights, or other like doctrines that appear in the Constitution only in spirit, not in letter. The abolitionist William Lloyd Garrison believed the Constitution was affirmatively proslavery, calling it a “covenant with death” and “an agreement with Hell.” If this is true, then when judges swear an oath to defend the Constitution (the basic framework of government with which all other laws in the United States must comport), they are also inadvertently vowing to defend the institution of slavery — unless the law is more than what statutes and the Constitution provide, in which case these judges could reach beyond the positive law to principles pre-political and universal.

Finkelman suggests another alternative: that certain constitutional provisions supplied a basis in positive law for antislavery strategies and stratagem. He cites, among other things, the congressional powers exercised in the reenactment of the Northwest Ordinance and the enactment of the Missouri Compromise and Oregon Territory; the admission of new free states into the United States; the due process guarantees of the Fifth Amendment; the rights of criminal defendants protected by the Sixth Amendment; the Privileges and Immunities Clause; and the guarantees of the First Amendment.

Each of these would have been problematic during the period Finkelman covers. There was not yet a 14th Amendment through which provisions of the Bill of Rights could have been incorporated to apply against the several states, although state constitutions contained protections of fundamental rights that federal judges recognized and affirmed. Moreover, the provisions Finkelman enumerates empowered Congress, not the courts, to pursue robust antislavery measures. Courts could have responded to and interpreted actions and directives of Congress, but they could not have initiated legislation or litigation. Had the Constitution enabled federal judges and the United States Supreme Court to strike down proslavery laws and regulations with ease, the Civil War Amendments might not have been necessary. But they were necessary to facilitate the demise of slavery.

Finkelman speculates about what the courts could have done to advance antislavery causes, but courts cannot do anything unless the right litigants bring the right cases with the right facts before the right tribunals while making the right arguments. Judges do not commence lawsuits but handle the ones brought before them. Finkelman could have examined some cases more closely to reveal how the facts, issues, reasoning, and holdings should have differed in rationale, not just in result. Too many cases receive only cursory treatment; lawsuits are more than picking winners and losers.

At one point, Finkelman accuses Marshall of reading a statute “in favor of slavery and not freedom,” but the statute isn’t quoted. Readers will have to look up the case to decide if Marshall’s interpretation was reasonable or arbitrary — if, that is, his hermeneutics adequately reflected a common understanding of the statutory language or intolerably controverted congressional purpose and prerogative. Finkelman chides departures from precedent, but rarely analyzes the allegedly controlling cases to verify that they are, in fact, dispositive of the later controversy by analogy of received rules.

One is regularly left with the impression that the only issue in the cases Finkelman evaluates was whether a slave should be free or not. Many of the cases, however, involved procedural and jurisdictional complexities that had to be resolved before grand political holdings implicating the entire institution of slavery could be reached. We’re still debating the ambiguities of federalism (e.g., how to square the Supremacy Clause with the Ninth and 10th Amendments) that complicate any exposition of the interplay between state and federal law, so it can seem anachronistic and quixotic to condemn Marshall, Story, or Taney for not untangling state and federal law in a manner that in retrospect would appear to have occasioned more freedom and less bondage.

Then again, it’s hard to fault Finkelman for subjecting these giants of the law to such high standards. That men like Marshall and Story have not been investigated as their contemporaries have in light of the horrors and effects of slavery speaks volumes about the willful blindness of the legal profession and the deficiencies of legal scholarship. Finkelman remains an important voice in legal education and has pushed scholarly conversations about slavery in new directions. At 68, he’s likely got more books left in him. Anxious readers await the next.

Richard Bulliet on The Americas, the Atlantic, and Africa, 1530-1770

In Academia, Arts & Letters, Historicism, History, Humanities, liberal arts, Pedagogy, Scholarship, Teaching on August 1, 2018 at 6:45 am

In the following lecture, Richard Bulliet discusses the Americas, the Atlantic, and Africa during the period of 1530-1170:

A Better Sort of Constitutional Learning: James McClellan’s Liberty, Order, and Justice

In American History, Arts & Letters, Books, Britain, History, Humanities, Law, Philosophy, Scholarship on July 25, 2018 at 6:45 am

This piece originally appeared here in Law & Liberty.

Attorney General Jeff Sessions not long ago characterized the office of sheriff as a “critical part of the Anglo-American heritage of law enforcement.” This plain statement of an incontrovertible fact should not have been controversial. Yet with clockwork predictability, social media activists began excoriating Sessions for his ethnocentrism.

Even those who should have known better—Bernice King (daughter of Martin Luther King, Jr.), the NAACP, college-educated personalities in the Twittersphere—piled on the criticism, accusing Sessions of racism and suggesting the term “Anglo-American” was a dog whistle for white nationalists and the alt-Right. It was another sign of how uninformed many in our society have become, and of how name-calling and crude labeling have replaced constructive dialogue and civil conversation in the political sphere.

Fortunately, there’s a good, levelheaded primer for understanding the basic framework of American government that teachers and other leaders should recommend and assign to our ignorant masses: James McClellan’s Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American Government, which the Liberty Fund published in 2000.

McClellan, who passed away in 2005, was a proud Virginian who taught at several universities, including the University of Virginia, and was, among other things, the James Bryce Visiting Fellow in American Studies at the Institute of United States Studies (University of London) and president of the Center for Judicial Studies at Claremont McKenna College in California. He was also for a time a senior resident scholar at Liberty Fund.

Liberty, Order, and Justice is McClellan’s best known work. It maps the history and philosophy that shaped the U.S. Constitution and its amendments and is separated into seven parts, each appended with primary sources that are reproduced in full or in part: Magna Carta, the Petition of Right, the English Bill of Rights, the Mayflower Compact, the Declaration of Independence, the Virginia Bill of Rights, the Federalist Papers, the Virginia Plan, the New Jersey Plan, the Northwest Ordinance, and many others.

As a straightforward overview of the seminal concepts that characterize American government—separation of powers, republicanism, federalism, checks and balances, rule of law—this volume could serve, and probably has served, as the principal textbook for a high school or college course. The “Suggested Reading” lists at the end of each of its sections provide more than enough supplemental material to round out a semester of comprehensive study.

A work of such breadth and scope is impossible to summarize. McClellan begins with British history, in particular the emergence of Parliament, the evolution of the common law, and the development of legal doctrines and principles that responded to changing circumstances. He discusses the differences between the French and American Revolutions, and their respective effects upon the imaginations of Americans who were alive at the time. He devotes an entire section to the Philadelphia Convention, which he says, perhaps overstating, was “often more like a gathering of polite friends than an assemblage of angry political zealots.”

McClellan’s chief concern is federalism, a principle that appears throughout. He highlights disagreements between the Federalists and the Anti-Federalists, warning that “we should not presume that the Anti-Federalists were wrong.” He adds: “The inquiring student, having examined the debates thoroughly and objectively, may well conclude that the Anti-Federalists were right about certain matters.”

Lest his readers get lost in the historical and conceptual details, McClellan prefaces each section with the heading “Points to Remember,” followed by numbered outlines of central facts and themes. This feature enables easy memorization and study—another reason the book is suited for the classroom. 

For the most part, McClellan recounts historical events dispassionately, and lays out influential concepts with no personal pique or ideological bent. Only occasionally is he tendentious, and then only subtly so. For instance, his judicial hermeneutics seek out authorial intent, thereby rejecting textualism and signing on to a now passé version of originalism. “The basic interpretive task,” he submits, “is to determine the intent of the Constitution, laws, and treatises, and to construe all instruments according to the sense of the terms and the intentions of the parties.”

This statement might have made Justice Antonin Scalia unhappy.

He’s also skeptical of natural law, stating:

It may well be that we are all governed by a higher, unwritten natural law, emanating from God; that certain rights are by nature indelibly impressed upon the hearts and minds of all mankind; and that the spirit of ’76 is incorporated into our fundamental law. The problem is that these concepts, whatever their merit and value, are not provided for in the Constitution, and there is no evidence that the Framers ever intended them to be.

This statement would have made Justice Scalia happy.

McClellan calls Sir William Blackstone’s Commentaries on the Laws of England a “great compendium of learning,” a term of endearment that applies equally to Liberty, Order, and Justice. The two have a similar aim: to synthesize disparate principles into a coherent treatise and to explain the origins and foundations of the current legal and political order. In a different age, when information wasn’t immediately available and students couldn’t google their way to quick answers, this book might well have become as important as the Commentaries.

Its cheerful conclusion, at any rate, seems naïve in our present moment: “What we have offered you in this book is the basic structure of America’s constitutional order. It is up to you to preserve and improve that structure; and you have a lifetime in which to work at it.” Were he alive today, McClellan might not be so optimistic.

Review of Bryan Caplan’s “The Case Against Education”

In Academia, Economics, Humanities, Scholarship on July 11, 2018 at 6:45 am

This review originally appeared here in Cato Journal.

Bryan Caplan is a professor of economics at George Mason University who has spent over 40 years in school. “The system has been good to me,” he confesses. “Very good. I have a dream job for life.”

He’s also a shameless traitor to his profession and guild, a critic of the system that’s afforded him a life of leisure and affluence. That’s a good thing. We need more honest critiques of the higher-education boondoggle from privileged insiders. As an economist, moreover, he argues from data and facts, not feelings or emotions. He’ll undermine his own best interests if statistics lead him inexorably to positions at odds with his personal welfare.

The Case Against Education: Why the Education System Is a Waste of Time and Money hits bookshelves amid reductions in government spending on universities due to budget shortfalls in the aftermath of the Great Recession. The chorus of complaints runs something like this: “Legislators don’t realize what goes on in the university; they don’t understand what it takes to teach and research; they don’t know what I do to earn my pay; they don’t appreciate how important education is to our state; they can’t competently assess my everyday work.”

But Caplan understands these things, having spent his entire career as a student or a professor at major research institutions. The argument against educational excess is more credible coming from an academic, like him, who’s complicit in its harms.

Caplan’s chosen title (with subtitle) says it all: His target isn’t the acquisition of knowledge (it’s good for people to learn), but the wasteful, exorbitant system that in many cases impedes rather than facilitates the acquisition of knowledge. Five provocative words on the book’s opening page—“there’s way too much education”—are predicated on the proposition that learning and education are distinct, that garnering credentials does not correlate with increased erudition or competence.

It’s no secret that the costs of higher education have been rising steadily for decades. Universities have long been reallocating resources away from basic classroom instruction and towards amenities, administrative payrolls, athletic programs, student services, and construction projects. The ready availability of federal student loan money has enabled colleges to hike tuition and fees, forcing students to shoulder heavy, often unmanageable debt burdens. As a result, the artificially inflated price of a college degree is greater than the actual costs associated with teaching and research.

Caplan believes enough is enough. “The heralded social dividends of education,” he insists, “are largely illusory: rising education’s main fruit is not broad-based prosperity, but credential inflation.” He boldly submits that “the average college student shouldn’t go to college.”

Objections to these strong claims are predictable: don’t college graduates earn more money than those without a college degree? The answer, of course, is yes. But that’s not the full story.

Caplan explains that the primary value of a college degree is in its “signaling” power. That diploma on your wall doesn’t tell employers how much you know or what skills you have attained. Rather, it signals to them your tenacious character and work ethic. Finishing college proves you have the wherewithal and discipline to claw your way to the top. The problem, of course, is that an abundance of earned bachelor’s degrees diminishes their value while graduate degrees become the substitute marker of distinction. If you aren’t learning practical skills as you chase multiple degrees, you and the institutions funding your education (likely the government) are just dumping money to jumpstart or advance your career, in which case all this spending seems, well, inefficient and unnecessary.

Courses in college aren’t intrinsically valuable. You can spend months on YouTube watching recorded faculty instruction at Yale and Stanford, learning vast amounts of information, but no one will hire you for that effort. After all, you’ve gained no credential. On the other hand, you could sit through college classes that don’t interest you, excelling on exams but forgetting the tested material as soon as the class ends. You will be no wiser from this experience. Employers know that and don’t care. They don’t hire students for wisdom or knowledge. They hire students with a record of demonstrated success.

Caplan emphasizes the importance of “conformity” to the signaling model. Employers and teachers share a key preference: they generally favor cooperative and dutiful personalities over lazier and more disagreeable alternatives. The ability to fit in, to adapt to different social settings, tends to impress business leaders. College grades reveal temperaments, dispositions, traits, and priorities—they demonstrate whether a student conforms to expectations. Formal education isn’t the only way to demonstrate conformity, but, in Caplan’s words, it “signals a package of socially desirable strengths.” He adds, “If you want the labor market to recognize your strengths, and most of the people who share your strengths hold a credential, you’d better earn one too.”

Caplan sensibly advocates vocational training as an institutional corrective, but has little workable advice for people pursuing certain vocations. Someone who wants to be a teacher must earn the necessary credential; someone who wants to be a lawyer must attend law school. Whether these credentials are needed at all—that is, whether they are suitable prerequisites that adequately prepare students for the everyday practice of their desired vocation—is a significant question warranting extensive debate, but regrettably it falls outside the scope of Caplan’s project. His substantial case against education might leave you wondering, at any rate, why he thinks universities can effectively provide vocational training at all. If they’re so bad at what they do, why would they shine at this new task?

There’s also a “presentist’ element to Caplan’s thesis. Universities weren’t designed to prepare students for vocations outside of medicine, law, or the clergy. Until late in the 20th century, you didn’t need college to compete on the job market. Universities have a complex and chaotic history that makes undue emphasis on workforce training seem shortsighted. The number of students attending college to advance innovative research or otherwise contribute academically to the sum of knowledge remains low. The central purpose of the university isn’t served by the current form of higher education in which a premium is placed on employment outcomes. Caplan isn’t trying to remake higher education or return it to its medieval roots, but by inflaming passions at least he might redirect attention to the central mission of universities: to educate and spread knowledge.

As the holder of a Ph.D. in English, I commend the colorful chapter “Nourishing Mother” to the skeptically inclined humanities professor who stands ready to accuse Caplan of prizing social and economic returns over the immeasurable effects of literary, aesthetic, philosophical, historical, or theological inquiry. The scholar of arts, society, and culture may be surprised to find a useful ally in Caplan, although his discussions of “high culture” and “taste” may irritate English professors, who will quickly recognize how little Caplan understands their discipline.

It’s obvious that higher education in its current manifestation is financially unsustainable. Something has to give. Skeptics should read The Case Against Education with an open mind and an eye toward the future. Caplan is heavy on issue-spotting but short on solutions, but he provokes difficult conversations that are long past due.

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