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Posts Tagged ‘Billy Budd’

Book Note: Poetic Justice and Legal Fictions, by Jonathan Kertzer

In Arts & Letters, Book Reviews, Humanities, Jurisprudence, Justice, Law, Law-and-Literature, Literary Theory & Criticism, Literature, Writing on September 28, 2012 at 8:45 am

Allen Mendenhall

The following excerpt first appeared as part of the Routledge Annotated Bibliography of English Studies series.

This book is a compilation of literary essays that at first blush seem to have no through line save for an attention to law in the abstract.  Nevertheless, each chapter is connected by the theme of justice and the relation of language to both law and literature.

Á la Flaubert, the book treats justice as the supreme literary value, and it distinguishes between the justice of literature and the literariness of justice.  Language has its own jurisdiction and can be used judiciously, and the author seems to believe that signifiers can represent the phenomenal world in ways that have a practical bearing in law.  By the same token, language itself is regulated by laws even as it enacts laws.  The author discusses literary justice as a poetic expression of the material world.

The phrase “poetic justice” refers to the possibility that poetry might offer something better than truth in order to bring about justice; the truly poetic is just.  Genre and jurisdiction resemble one another in their conceptual claims to authority or law.

Beginning with judicial discourse in comedies, more specifically with the operas of Gilbert and Sullivan, the book moves through Nietzsche, Baudrillard, Disgrace, Huckleberry Finn, The African Queen, Billy Budd, the poetry of Wallace Stevens, Anil’s Ghost, and other works.  The book therefore does not limit itself to discussion of a particular historical period, a fixed geography, or a specific genre.  Rather, it weaves together a wide range of novelists, theorists, and historical figures, many of whom are unlikely to be categorized together were it not for their interests (some longstanding, some fleeting) in law.

What allows the book to read as a unified whole is its analysis at the intersections of justice, law, and literary forms.

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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 »

How I Taught Sustainability

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

Allen Mendenhall

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

Sustainability and American Communities

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

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

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

Course Objectives

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

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