Posts Tagged ‘Edmund Burke’
The Blackstone & Burke Center for Law & Liberty
In higher education, History, Humanities, Jurisprudence, Law, Law School, Legal Education & Pedagogy on January 29, 2020 at 6:45 amWhat is the Blackstone & Burke Center for Law & Liberty?
In higher education, History, Humanities, Jurisprudence, Law, Legal Education & Pedagogy on January 22, 2020 at 6:45 amOur Real Constitution—And What Happened to It
In American History, Arts & Letters, Book Reviews, Books, Conservatism, History, Humanities, Jurisprudence, Law, liberal arts, Philosophy, Politics, Scholarship, Western Philosophy on January 25, 2017 at 6:45 amThis review originally appeared here in The University Bookman.
Conservatism lost a giant when George W. Carey passed away in 2013. Thanks to Bruce Frohnen, his longtime friend, we’re able to hear anew Carey’s prudent admonitions in these strange and interesting times.
Before his death, Carey completed drafts of chapters on progressivism and progressive constitutional reform that later became substantial portions of two chapters in Constitutional Morality and the Rise of Quasi-Law, the book that Frohnen has now completed. The final product is an impressively collaborative effort that substantiates the idea of constitutional morality, which Carey spent years developing.
The two men had planned to split the chapters in half. Having few disagreements between them, they reserved the right to approve and edit each other’s contributions. Carey’s untimely passing changed these plans. To honor his friend, Frohnen consulted Carey’s work carefully, downplaying his own more “antifederalist” positions to accommodate Carey’s more federalist leanings. If Jefferson and Hamilton would have agreed that the size and scope of the American government has become dangerous and unmanageable, then it’s no surprise that Frohnen and Carey found common ground.
Constitutional morality denotes “the felt duty of government officials … to abide by the restrictions and imperatives imposed on them by a constitution.” It contemplates the “unwritten constitution,” a concept central to Frohnen and Carey’s argument that’s drawn from Russell Kirk and Orestes Brownson, both of whom Frohnen in particular has interpreted thoughtfully and skilfully. Kirk defined the unwritten constitution as “the body of institutions, customs, manners, conventions, and voluntary associations which may not even be mentioned in the formal constitution, but which nevertheless form the fabric of social reality and sustain the formal constitution.” To maintain their authority and gain general acceptance in a community, written constitutions and positive laws must reflect the norms and values of the people they bind. Frohnen and Carey’s narrative is about how quasi-law in the form of executive decree and the administrative state have become divorced from the people they govern.
The narrative runs something like this. Rule by executive command and administrative agencies has resulted in a decline of the rule of law in the United States. Odd, extratextual interpretations of the United States Constitution have dislocated its content from the common understandings of reasonably prudent Americans. The Progressive Era facilitated a shift in our approach to law that was qualitatively different from the teachings of checks-and-balances, decentralization, separation-of-powers, and other such doctrines alive in the minds of our Founders, even those like Hamilton and the young Madison (as against the later Madison) who favored a strong national government. Consequently, we have found ourselves in a crisis of constitutional morality, there being little institutional and systemic accountability to curb the broad powers of bureaucracy, reckless and unelected federal judges, a delegating congress beholden to lobbyists and corporations, and the expansion of executive privilege, prerogative, and patronage.
Political rhetoric of limited government, common among Republican leaders, does not square with the manifest reality of the ever-growing managerial state. Heated discourse alone won’t suffice to roll back federal programs and agencies. “What is required,” say Frohnen and Carey, “is a retrenchment of the federal government into a much smaller but more detailed and legalistic form that allows more actions to be taken by other institutions, be they states, localities, or associations within civil society.” In short, these men call for devolution and subsidiarity. They make the case for localized control based on clear rules that are consistent with common norms and expressed in a shared idiom.
Championing the rule of law involves the recognition that, although morality does or should underpin laws, “we cannot use the tool of law to achieve perfect virtue, or freedom, or any other moral good.” Without denying the importance or reality of natural law, which is antecedent to human promulgation, Frohnen and Carey approach it cautiously, stating that it “is not a rigid code demanding that human law force all human beings into a straightjacket of specific individual conduct.” Seemingly skeptical of grand schemes for the magnificent systematization and organization of natural-law principles, they humbly submit that humans “can only do our best to develop practical lawmaking and interpreting virtues such that the laws we make will be efficacious in spelling out and enforcing duties in such a way as perhaps to encourage people to pursue virtue.” This nomocratic mode of thinking recalls Hume, Burke, Oakeshott, Kirk, and Hayek with its awareness of the limitations of human knowledge and its attention to the historical, institutional, and cultural embeddedness of standards and values.
If there is one take-home point from this book, it’s that government is not the instrument through which to facilitate the good, the true, or the beautiful. We should avoid the “new dispensation” that consists in “a government ruled not by formal structures and procedures but by the pursuit of putatively good policy through broad statements of programmatic goals and the exercise of broad discretionary power.” Disempowering the central government may be the obvious counter to this new dispensation, but we’ve been advocating that for decades. In fact, Frohnen and Carey believe that “there can be no simple return to the original dispensation,” which involved “the Framers’ constitutional morality, emphasizing procedure, caution, and restrained defense of one’s institutional prerogatives.”
With no quick and easy remedy at the ready, Frohnen and Carey encourage something less magnificent and extraordinary: civic participation in local associations and mediating institutions such as “families, unions, clubs, schools, and religious groups,” the kinds of little platoons that struck Alexis de Tocqueville, during his tour of America, as bulwarks against tyranny. “More important than any particular policy,” Frohnen and Carey aver, “is the attitude toward law and policy making that must be recaptured.” Although they suggest that some form of separation or secession may become inevitable, the corrective they envision is rhetorical and discursive. We must, in their view, shape the political discourse through private associations, which, in the aggregate, engender the bottom-up processes of rulemaking that reflect the normative orders of local communities rather than the top-down commands of a faraway, massive, impersonal sovereign.
Seth Vannatta on Conservatism and Pragmatism in Law, Politics, and Ethics
In Academia, American History, Arts & Letters, Book Reviews, Books, Conservatism, History, Humanities, Jurisprudence, Law, liberal arts, Philosophy, Politics, Pragmatism, Scholarship, The Academy, Western Philosophy on December 28, 2016 at 6:45 amAt some point all writers come across a book they wish they had written. Several such books line my bookcases; the latest of which is Seth Vannatta’s Conservativism and Pragmatism in Law, Politics, and Ethics.
The two words conservatism and pragmatism circulate widely and with apparent ease, as if their import were immediately clear and uncontroversial. But if you press strangers for concise definitions, you’ll likely find that the signification of these words differs from person to person. Maybe it’s not just that people are unwilling to update their understanding of conservatism and pragmatism—maybe it’s that they cling passionately to their understanding (or misunderstanding), fearing that their operative paradigms and working notions of 20th century history and philosophy will collapse if conservatism and pragmatism differ from some developed expectation or ingrained supposition.
I began to immerse myself in pragmatism in graduate school when I discovered that its central tenets aligned rather cleanly with those of Edmund Burke, David Hume, F. A. Hayek, Michael Oakeshott, and Russell Kirk, men widely considered to be on the right end of the political spectrum even if their ideas diverge in key areas. In fact, I came to believe that pragmatism reconciled these thinkers, that whatever their marked intellectual differences, these men believed certain things that could be synthesized and organized in terms of pragmatism. I reached this conclusion from the same premise adopted by Vannatta: “Conservatism and pragmatism . . . are methods . . . guided by various common norms.” As such, they can lead to different political policies despite the consistently conservative character of their processes and techniques.
Read my review of Vannatta’s book in University of Dayton Law Review by downloading it from SSRN at this link.
Harold Bloom’s American Sublime
In Academia, America, American Literature, Art, Artist, Arts & Letters, Book Reviews, Books, Creativity, Emerson, Fiction, History, Humanities, Literary Theory & Criticism, Literature, Nineteenth-Century America, Novels, Philosophy, Poetry, Rhetoric, Scholarship, The Novel, Western Civilization, Western Philosophy, Writing on August 12, 2015 at 8:45 amThis review originally appeared here in the American Conservative.
What can be said about Harold Bloom that hasn’t been said already? The Yale professor is a controversial visionary, a polarizing seer who has been recycling and reformulating parallel theories of creativity and influence, with slightly different foci and inflections, for his entire career, never seeming tiresome or repetitive. He demonstrates what is manifestly true about the best literary critics: they are as much artists as the subjects they undertake.
Bloom’s criticism is characterized by sonorous, cadenced, almost haunting prose, by an exacting judgment and expansive imagination, and by a painful, sagacious sensitivity to the complexities of human behavior and psychology. He is a discerning Romantic in an age of banality and distraction, in a culture of proud illiteracy and historical unawareness. Bloom reminds us that to be faithful to tradition is to rework it, to keep it alive, and that tradition and innovation are yoked pairs, necessarily dependent on one another.
Bloom has been cultivating the image and reputation of a prophet or mystic for decades. His stalwart defense of the Western canon is well known but widely misunderstood. His descriptive account is that the canon is fluid, not fixed—open, not closed. It might be stable, but it’s not unchangeable. The literary canon is the product of evolution, a collection of the fittest works that have been selectively retained, surviving the onslaught of relentless competition.
Bloom’s prescriptive position is that, because human agency is a controllable factor in this agnostic filtering process, serious readers can and should ensure that masterpieces, those stirring products of original, even genius minds, are retained, and that the latest works are held to the highest aesthetic standards, which are themselves established and proven by revisionary struggle. The merit of a work is not found in the identity of its author—his or her race, gender, or sexuality—but in the text proper, in the forms and qualities of the work itself.
Bloom’s latest book, The Daemon Knows: Literary Greatness and the American Sublime, examines ambitious and representative American authors, its chapters organized by curious pairings: Whitman with Melville (the “Giant Forms” of American literature), Emerson with Dickinson (the Sage of Concord is Dickinson’s “closest imaginative father”), Hawthorne with Henry James (a relation “of direct influence”), Twain with Frost (“our only great masters with popular audiences”), Stevens with Eliot (“an intricate interlocking” developed through antithetical competition), and Faulkner with Crane (“each forces the American language to its limits”). This mostly male cast, a dozen progenitors of the American sublime, is not meant to constitute a national canon. For that, Bloom avers in his introduction, he envisions alternative selections, including more women: Edith Wharton, Willa Cather, Marianne Moore, and Flannery O’Connor. Bloom’s chosen 12 represent, instead, “our incessant effort to transcend the human without forsaking humanism.” These writers have in common a “receptivity to daemonic influx.” “What lies beyond the human for nearly all of these writers,” Bloom explains, “is the daemon.”
What is this daemon, you ask. As always, Bloom is short on definition, embracing the constructive obscurity—the aesthetic vagueness—that Richard Poirier celebrated in Emerson and William James and Robert Frost, Bloom’s predecessors. Bloom implies that calling the “daemon” an idea is too limiting; the word defies ready explanation or summation.
The daemon, as I read it, is an amorphous and spiritual source of quasi-divine inspiration and influence, the spark of transitional creative powers; it’s akin to shamanism, and endeavors to transcend, move beyond, and surpass. Its opposite is stasis, repose. “Daemons divide up divine power and are in perpetual movement from their supernal heights to us,” Bloom remarks in one of his more superlative moments. “They bring down messages,” he intones, “each day’s news of the metamorphic meanings of the division between our mundane shell and the upper world.”
What, you might ask in follow up, is the American sublime that it should stand in marked contrast to the European tradition, rupturing the great chain of influence, revealing troublesome textual discontinuities and making gaps of influence that even two poets can pass abreast? “Simplistically,” Bloom submits, “the sublime in literature has been associated with peak experiences that render a secular version of a theophany: a sense of something interfused that transforms a natural moment, landscape, action, or countenance.” This isn’t quite Edmund Burke’s definition, but it does evoke the numinous, what Bloom calls, following Burke, “an excursion into the psychological origins of aesthetic magnificence.”
The Daemon Knows is part memoir, a recounting of a lifetime spent with books. There are accounts of Robert Penn Warren, Leslie Fiedler, and Cleanth Brooks. Bloom’s former students and mentors also make brief appearances: Kenneth Burke, for instance, and Camille Paglia. And Bloom doesn’t just analyze, say, Moby Dick—he narrates about his first encounter with that book back in the summer of 1940. He later asserts, “I began reading Hart Crane in the library on my tenth birthday.” That he remembers these experiences at all speaks volumes to Melville’s and Crane’s bewitching facility and to Bloom’s remarkable receptivity.
Bloom has not shied away from his signature and grandiose ahistorical pronouncements, perhaps because they’re right. Melville, for instance, is “the most Shakespearean of our authors,” an “American High Romantic, a Shelleyan divided between head and heart, who held against Emerson the sage’s supposed deficiency in the region of the heart.” Or, “Emersonian idealism was rejected by Whitman in favor of Lucretian materialism, itself not compatible with Indian speculations.” Or, “Stevens received from Whitman the Emersonian conviction that poetry imparts wisdom as well as pleasure.” These generalizations would seem to service hagiography, but even if they’re overstatement, are they wrong?
My professors in graduate school, many of them anyway, chastised Bloom and dubbed him variously a reactionary, a racist, a misogynist, a bigot, or a simpleton; they discouraged his presence in my essays and papers, laughing him out of classroom conversation and dismissing his theories out-of-hand. Or else, stubbornly refusing to assess his theories on their own terms, they judged the theories in the light of their results: the theories were bad because certain authors, the allegedly privileged ones, came out on top, as they always have. This left little room for newcomers, for egalitarian fads and fashions, and discredited (or at least undermined) the supposedly noble project of literary affirmative action.
They will be forgotten, these dismissive pedants of the academy, having contributed nothing of lasting value to the economy of letters, while Bloom will live on, continuing to shock and upset his readers, forcing them to second-guess their judgments and tastes, their criteria for aesthetic value, challenging their received assumptions and thumping them over the head with inconvenient facts and radical common sense. The school of resentment and amateurish cultural studies, appropriate targets of Bloom’s learned animus, will die an inglorious death, as dogmatic political hermeneutics cannot withstand the test of time.
Bloom, on the other hand, like his subjects, taps his inner daemon, invokes it and rides it where it travels, struggles against the anxiety of influence and displays all of the rhetorical power and play of the strong poets he worships. Dr. Samuel Johnson and Northrop Frye reverberate throughout his capacious tome, and for that matter his entire oeuvre. Bloom’s psychic brooding becomes our own, if we read him pensively, and we are better off for it.
Those who view literary study as a profession requiring specialized and technical training, who chase tenure and peer approval, publishing in academic journals and gaining no wider audience than groveling colleagues, do not possess the originality, the foresight, or the brute imagination necessary to achieve enduring appeal. Reading, done right, is a profoundly personal activity, an exercise in solitary contemplation and possible revelation; writing, done right, is transference: the redirection of complex states of consciousness and knowing from one person to another. A few sentences of Bloom’s contemplative questioning, such as the following, are worth the weight of whole academic articles: “At eighty-four I wonder why poems in particular obsessed me from childhood onward. Because I had an overemotional sensibility, I tended to need more affection from my parents and sisters than even they could sustain. From the age of ten on, I sought from Moyshe-Leyb Halpern and Hart Crane, from Shakespeare and Shelley, the strong affect I seemed to need from answering voices.” Here Bloom invites Freudian investigation of himself, summoning the psychoanalytic models he uses on others.
Bloom is now 85. He claims to have another book left in him, making this one his penultimate. His awesome and dedicated engagement with the best that has been thought and known in the world appears to have left him unafraid of the finish, of what comes next, as though literary intimacy and understanding have prepared him, equipped him, for the ultimate. It seems fitting, then, to quote him on this score and to end with a musing on the end: “We are at least bequeathed to an earthly shore and seek memorial inscriptions, fragments heaped against our ruins: an interval and then we are gone. High literature endeavors to augment that span: My twelve authors center, for me, that proliferation of consciousness by which we go on living and finding our own sense of being.”
The Oft-Ignored Mr. Turton: Part Two
In Arts & Letters, Britain, Conservatism, Eastern Civilizaton, Fiction, History, Humanities, Jurisprudence, Law, Law-and-Literature, Liberalism, Libertarianism, Literary Theory & Criticism, Literature, Philosophy, Politics on April 16, 2012 at 7:55 amThe following originally appeared here at Libertarian Papers. Full Works Cited to appear in Part Three.
The Role of District Collector
Partly because of Lord Thomas Babington Macaulay’s codes, and partly because of the British need to establish powerful offices that would entice colonizers to remain in India rather than return to England, collectors gained extraordinary powers between 1857 and 1909 (Arora and Goyal 243). “In him [the Collector] was created a ‘little Napoleon,’” Ramesh Kumar Arora and Rajni Goyal explain, “who, being part and parcel of the steel-frame, made it possible for the British to govern and control the vast subcontinent” (244). It is fair to say that Mr. Turton is one of these little Napoleons—an official forced to countenance Indian interests while pledging ultimate allegiance to the British sovereign. In fact, Forster goes so far as to call Mr. and Mrs. Turton “little gods” (20).[1] Thus cast, Mr. Turton is problematic—for like other collectors he “had to adjust his autocratic rule and at times benevolent administration to a climate of representative politics” (Tummala 126).[2] In other words, he had to straddle two societies and to pander to multiple interests; but his loyalties were to remain unchanged. Turton is a conflicted, ambivalent character in part because his occupation is itself conflicted. He is a site and symbol of British power but also of British mercy and tolerance. As such, he is the perfect character through which to critique colonial programs in general and utilitarian jurisprudence in particular. Forster uses Turton to show that British rule of law is either a myth or a pretext for nation-building, and that Brahman Hindu philosophy is a jurisprudentially sound alternative to rule of law.
The district collector was a major locus of power in the centrally planned Indian Civil Service. Arora and Goyal describe the current office of district collector as “the kingpin of district administration in India” (243). “The office,” Arora and Goyal continue, “is the result of a long process of evolution of about two hundred years of the British rule” (243). Forster’s productions came about during the late stages of this British rule. Although the “administration of revenue, civil justice and magistracy was united in the office of District Collector,” thus making the District Collector “the executive machinery in the district,” District Collectors did not become “the symbol of imperial rule” until after the 1857 revolt (Sarkar 117). Before the revolt, also known as the Indian Mutiny or the First War of Independence, the district collector signified an “extremely powerful civil servant running the executive machinery in the district” (Sarkar 117). The causes of the Indian Rebellion are disputed,[3] but the ramifications seem to have been, in one contemporary’s words, “a persistent attempt to force Western ideas,” including Benthamite utilitarianism, “upon an Eastern people” (Malleson G. B. 412).
By the time Forster visited India,[4] the office of district collector would entail “powers of the magistrate and the judge too” (Tummala 126), the former power being limited to small claims and ceremonial rights (Brimnes 222). During Forster’s visit, district collectors would have spent “more time on the office desk and less on tours which provided [them] an opportunity to come in direct contact with people,” including tourists like Forster (Parashar 83). The prepositional phrase “on the office desk” seems suggestive of any number of activities (some sexual) besides simply work. Anyhow, district Collectors worked closely with District Magistrates (represented by the character Ronny in Passage) and District Police Superintendents (represented by McBryde) to keep local populations under constant surveillance as required by Macaulay’s legal codes (Kumar and Verma 66–67).
Macaulay was a British statesman and a man of letters who participated on the Supreme Council of India in the early 19th century. In this position, Macaulay advised George Lord Auckland, the Governor-General of India, regarding the laws of India. The best known of these efforts is probably the Indian Penal Code, the introductory footnote to which proclaims, “These papers […] are by no means merely of Indian interest, for, while they were the commencement of a new system of law for India, they chiefly relate to general principles of jurisprudence which are of universal application” (Macaulay, The Complete Works 551). This short footnote exemplifies the extent to which doctrinaire utilitarian paternalism had come to mark British administration in India. Indeed, Macaulay’s codes pivot on the assumption that British utilitarian jurisprudence is so enlightened as to be universal. By this logic, anything at odds with this jurisprudence would be unenlightened and backward and thus would require replacement.
Depicting Ronny as foolish and Turton as misguided, Forster rejects British utilitarianism and its assertion of consequentialism and legalism. Forster constantly refers to India as a muddle; he celebrates the chaos and confusion of the Gokul Astami festival, a rapturous Hindu “muddle” that is not only “the approaching triumph of India” but also “a frustration of reason and form” (258). During this festival, Godbole, a Brahman Hindu who teaches with Fielding, detaches “the tiny reverberation that was his soul” (258, 260). This scene reveals “a positive attitude toward chaos,” which is “completely un-Western” (Singh 272). It shows that the seemingly disordered is really spontaneously ordered. Chaos, here, recalls Brahman Hindu philosophy, which blends dualities into a single state and renders all things inclusive or unified. Forster portrays Hindu as organizing despite its inherent anarchy. It is the ultimate reality and thus the ultimate law. Forster, then, reverses the British utilitarian’s assumption about the universality of his jurisprudence. The truly universal system is Indian and, paradoxically, ordered by chaos. Read the rest of this entry »