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Posts Tagged ‘Pragmatism’

What Is Pragmatism?

In Arts & Letters, Humanities, liberal arts, Philosophy, Pragmatism, Western Philosophy on February 28, 2018 at 6:45 am

Pragmatism is difficult to define because it refers to a wide-ranging philosophical tradition.  Figures with little in common, such as W. E. B. Du Bois, Isaac Levi, Reinhold Niebuhr, and George Herbert Mead, have been associated with pragmatism.

C.S. Peirce is credited as the wellspring of pragmatism, in part because he used the term “pragmatism” to refer to his writings and teachings. Yet when his friend William James began identifying as a pragmatist, Peirce sought to rename his mode of thinking “pragmaticism” to distinguish his ideas from James’s.

More recently, Richard Rorty garnered a reputation as a pragmatist despite his deep misgivings about Peirce. James himself claimed to have learned pragmatism from reading John Stuart Mill. He called pragmatism a new name for old ways of thinking. Pragmatism, in this sense, has no fixed origin and is not confined to a single philosophical discipline attributable to any one thinker. It is, rather, a plastic concept describing an instrumental approach to solving concrete problems.

Descriptions of pragmatism are fluid and wide-ranging because of its various iterations by multiple thinkers with disparate interests and backgrounds. Pragmatism is nevertheless identifiable by certain features and qualities.

Pragmatists tend to avoid claims to unqualified certainty or universalism; they resist abstractions, closed schools of thought, and dogma that purport to have all the answers. They are searchers and seekers, never comfortable that the knowledge they have attained is complete or comprehensive.

Pragmatists seek to generate inquiry by systematically and intentionally testing ideas in the material world through practical application and sustained observation, by modifying or adapting ideas when errors are found, by subjecting ideas to a community of minds for verification (rather than leaving them to individuals in isolation), and by examining the habits and tendencies of nature and behavior for recurring, lasting themes or traits. Although pragmatists tend to be tolerant of views that have not been discounted, or open to ideas that have not been disproven, they are also prudently skeptical of ideas that have not won out in the course of history, i.e., that are unrepresented in custom or tradition.

Pragmatism is neither liberal nor conservative in the political sense, but represents a mode of knowing and understanding based on lived experience and confirmed hypotheses. Pragmatism is a constantly modified methodology for acquiring knowledge; it’s not a doctrine. It looks to ascertainable outcomes and proven results as indicia of the truth and workability of ideas.


The American Nietzsche? Fate and Power in Oliver Wendell Holmes Jr.’s Pragmatism

In America, American History, American Literature, Arts & Letters, Creativity, Emerson, Essays, History, Humanities, Jurisprudence, Law, Law-and-Literature, liberal arts, Oliver Wendell Holmes Jr., Philosophy, Pragmatism, Rhetoric, Scholarship, Western Philosophy on February 15, 2017 at 6:45 am

Allen Mendenhall

Seth Vannatta of Morgan State University recently coauthored a piece with me on Friedrich Nietzsche’s influence on U.S. Supreme Court Justice Oliver Wendell Holmes Jr.  The piece appeared in the fall 2016 issue of UMKC Law Review.

Richard Posner is one of the few legal minds to have noticed the affinity between the philosophies of Holmes and Nietzsche. Dr. Vannatta and I hope to expand the circles of interest in this topic.

Our article demonstrates how Holmes’s pragmatism both comports with and departs from Nietzsche’s existentialism. Holmes’s pragmatism shares with Nietzsche’s existentialism a commitment to skepticism, perspectivalism, experiential knowledge, and aesthetics, as well as an abiding awareness of the problematic nature of truth and the fallibility of the human mind.

We suggest that Holmes was familiar with Nietzsche’s writings and that the two thinkers turned away from Christian ethics and glorified the life struggle in distinctly evolutionary terms. Both men celebrated the individual capacity to exercise the will for purposes of personal autonomy, greatness, and creative or aesthetic achievement. Nietzsche, however, did not share Holmes’s belief in the pragmatic potential of meliorism, which marks the distinction between their notions of fate.

The thinking of Nietzsche and Holmes converges in the person of Ralph Waldo Emerson, who was a manifest influence on both Holmes and Nietzsche and whose thinking on fate and power, inflected as it is by aesthetic pragmatism, shapes our understanding not only of Holmes and Nietzsche in isolation but also of Holmes and Nietzsche as paired, ambitious philosophers concerned about the role of fate and power in human activity.

The article is available for download here in the SSRN database for those who are interested in reading more about this curious relationship between two intellectuals whose ideas shaped society during the 20th century.

Richard Posner is a Monster

In Academia, Arts & Letters, Book Reviews, Books, History, Humanities, Jurisprudence, Law, Legal Education & Pedagogy, liberal arts, Oliver Wendell Holmes Jr., Pragmatism, Scholarship, Writing on January 11, 2017 at 6:45 am

Allen Mendenhall

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

William Domnarski is probably right when he writes that Richard Posner, like his hero Oliver Wendell Holmes Jr., “seemed destined for a literary life.” Holmes modeled himself on Emerson; he was the class poet at Harvard and earned his reputation as a thoughtful if controversial man of letters who could write with panache.

Posner, who majored in English at Yale, modeled himself on Holmes. “Holmes,” Posner declared in a missive, “is the greatest jurist, at least of modern times, because the sum of his ideas, metaphors, decisions, dissents, and other contributions exceeds the sum of contributions of any other jurist of modern times.” Posner’s writing similarly stands out for its flair and confidence.

Both men extended their influence beyond their legal opinions and have contributed to philosophy, becoming provocative historical figures in their own right. Posner has correctly invoked Holmes as a pragmatist, even if Holmes avoided the designation and referred to William James’s pragmatism as an “amusing humbug.” A member of the short-lived Cambridge Metaphysical Club that birthed pragmatism in the 1870s — and which also included James and C. S. Peirce — Holmes at least imbibed the pragmatism that was, so to speak, in the Boston air. Posner’s pragmatism, however, is only tangentially related to the thinking of Peirce and James, and so one hesitates to call it pragmatism at all.

In a move that must irritate University of Miami professor, Peirce supporter, and Richard Rorty critic Susan Haack, Posner distinguishes his variety of pragmatism — what he calls “everyday pragmatism” — from philosophical pragmatism. His thesis is most pronounced in his book Law, Pragmatism, and Democracy(2005). The quotidian pragmatism that inheres in the law is, in his view, practical and forward-looking and based on “reasonableness.”

It’s not always clear how this mode of pragmatism intersects with, or diverges from, the so-called traditional or classical pragmatism, though it differs markedly — and refreshingly — from what Haack labeled “vulgar Rortyism,” that Frenchified variety of structuralism that dispensed with truth as a meaningful category of discourse.


One suspects, given his outsized ego, that Posner delights in having placed his stamp on legal pragmatism, thereby forcing perplexed students in philosophy departments to come to terms with his ideas and square them with not only Peirce and James but also John Dewey, George Herbert Mead, and W. V. Quine.

Posner’s self-importance can be charming or off-putting. You might see him as an erudite, spirited dandy playing the part of flamboyant intellectual; or, more cruelly, as a bitter sophist bent on celebrating his own idiosyncratic views and maliciously dismissing his opponents with callous words and harsh indictments. Certainly his gratuitous rhetorical attacks on the late Antonin Scalia warrant this latter take.

And yet the man speaks with a high, soft voice; loves and spoils his cat; and spends most of his time reading and writing. It’s hard to condemn such things.

Posner is on record as having fancied himself as not just equal to, but more intelligent than, Learned Hand and Henry Friendly — two giants of American law — because he considered himself more informed about economics. This is surprising, chiefly because his self-assessment occurred before he became a judge.

As a judge, Domnarski tells us, “he could seek to persuade his new judicial colleagues to follow him, so as to further shape the law as he saw it — in his own image.” He continues to shape everything, it seems, in his own image, including, perhaps, Domnarski’s biography, which he read both in draft form and as a final manuscript.

One wonders how heavily he edited his own biography — how much latitude he enjoyed in fashioning his story. He sat for interviews and emailed with Domnarski, which wouldn’t be unusual or improper had he not been a primary source of his own legend, as he certainly appears to have been. As a young man, Posner exercised his authority as president of Harvard Law Review to include certain content over the objections of his peers. Might he have done this with his biographer?


Posner, an only child, is used to promoting himself, and his acquaintances at different stages of his life often note his arrogance. As early as high school, he would say “the Poze knows,” and called himself “the mighty one,” writing in yearbooks that he “welcomes you as a High Priest of Posner Worship.” You can write this off as playful, but you can’t write off the fact that he cites himself in cases more than any other judge — though not by name, Domnarski points out, as if to acquit him of unseemly motivations.

An editor of a peer-reviewed journal once complained that Posner had cited himself too often in a paper, to which Posner rejoined that self-citation was necessary because he had produced most of the relevant literature on the subject. “The Poze knows,” the footnotes might have read. Another time an exasperated Posner wrote to editors at Cambridge University Press, “Don’t you know who I am?” — the same remark that landed Henry Louis Gates Jr. in hot water under different circumstances.

Although Domnarski connected with over 200 people to piece together this book, Posner’s personal opinion of himself seems to control the narrative and crowd out contrary valuations that critics may have offered. It’s not that Posner’s accomplishments and reputation are unearned. He’s worked hard to become perhaps the best-known and most prolific federal circuit judge in our nation’s history, and his talents and learning are unquestionable and impressive. The person who emerges in these pages is exceptional at what he does, but difficult to like. He graduated first in his class at Harvard Law School but was not popular. He remains good with ideas — just not with people. He’d rather disseminate brilliant theories than keep them to himself, even when they’re in bad taste or poor form. Whether that’s a virtue or vice depends upon one’s priority for manners and decorum.


Posner’s most remarkable and admirable quality, it seems to me, is his ability — even willingness — to accept constructive criticism in stride. He doesn’t take evaluations of his work personally, and he invites opposition to fine-tune and improve his ideas. He instructs his clerks to criticize his draft opinions line by line so that he can perfect his rationale. “[W]e should want” and “insist upon,” he wrote to a colleague, “challenge and criticism; the rougher the better; for one of the great dangers of achieving eminence is that people are afraid to criticize you and then you end up inhabiting a fool’s paradise.”

Posner has referred to himself as a “monster,” a characterization he’s also reserved for Wagner, Tolstoy, Nietzsche, Wittgenstein, Proust, Kafka, and Michelangelo. The term thus seems like an odd form of self-approbation rather than regret or self-loathing. It accords with his grand notion that he is “a Promethean intellectual hero,” not just some federal judge who happens to be well read.

Posner remains “a writer first and a lawyer second.” He’s correct that, as he told one correspondent, “the modern practice of law does not offer a great deal of scope for the poetic imagination.” Law schools have divided faculty into fields and sub-fields, and specialists in different areas of practice are increasingly unable to speak to one another in a common idiom or with shared vocabularies. Posner studied at Yale under Cleanth Brooks, who directed Posner’s research on William Butler Yeats, so he knows a thing or two about the poetic imagination and memorable expression.

But maybe the law is not about poetic imagination. Maybe it requires a prosaic and mechanical mind that can dispassionately and without fanfare adjudge the soundness of legal arguments presented by the parties to a case. If so, Posner may have been better suited for a different profession, one he would have loved and within which he could have more appropriately flaunted his creativity. Being an English professor, though, would’ve been out of the question; he dismisses much of what English literature departments regard as scholarship as “bullshit.” He uses the same word to describe work in the legal professoriate, of which he was once a seminal figure. By age 30, in fact, he had achieved the rank of full professor at the University of Chicago Law School. He cultivated the image of an iconoclastic rabble-rouser willing to subject all human activity to cost-benefit analysis. He popularized the law-and-economics movement and eagerly imparted that economic efficiency supplied the right methodology for describing and delineating common-law judging, which involved practical resolutions to concrete problems. The doctrinaire Posner of this period drifted far from the Communist roots of his mother. More recently, though, he’s alleged that capitalism is a failure and moved decidedly to the left on key issues.

Perhaps because of his haughtiness, the law can seem boring and routine without him. There’s something to be said for the color and liveliness he brings to his office, and for his belief that “the law really is a very limited field for a person of literary bent.” Domnarski’s treatment may seem deferential, but it doesn’t cover up Posner’s naked, sometimes brutal honesty. Posner is willing to say what others aren’t, and able to say it more eloquently.

If, as Domnarski avers, Posner considers the average lawyer to be like Bartleby or Ivan Ilych — fancifully tragic figures — then he must disdain or pity those lawyers who come before him in the courtroom and submit their briefs for his relentless scrutiny. The 1987 Almanac of the Federal Judiciary states that lawyers who argued before Posner found him to be “arrogant, impatient, dogmatic,” and “opinionated,” and that he “dominates arguments” and “cross-examines lawyers as if they were 1-Ls in a Socratic exchange with a professor.” The man is important, no doubt, but never learned how to play nicely.

Ever the Darwinian, Posner has suggested that great books prove their merit over time in the competition of the marketplace; perhaps his reputation will too.


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 am

Allen 2

At 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.


Oliver Wendell Holmes Jr., Pragmatism, and the Jurisprudence of Agon

In America, American History, American Literature, Arts & Letters, Books, History, Humanities, Jurisprudence, Law, Law-and-Literature, Legal Research & Writing, liberal arts, Literary Theory & Criticism, Literature, Oliver Wendell Holmes Jr., Philosophy, Pragmatism, Rhetoric, Scholarship, The Supreme Court, Western Philosophy, Writing on December 7, 2016 at 6:45 am

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My latest book, scheduled for release next week through Bucknell University Press, is about United States Supreme Court Justice Oliver Wendell Holmes Jr.  The book continues my work at the intersection of law and the humanities and should interest scholars of literary theory, American literature, jurisprudence, and pragmatism.

I argue in the book that Holmes helps us see the law through an Emersonian lens by the way in which he wrote his judicial dissents. Holmes’s literary style mimics and enacts two characteristics of Ralph Waldo Emerson’s thought: “superfluity” and the “poetics of transition,” concepts ascribed to Emerson and developed by literary critic Richard Poirier. Using this aesthetic style borrowed from Emerson and carried out by later pragmatists, Holmes not only made it more likely that his dissents would remain alive for future judges or justices (because how they were written was itself memorable, whatever the value of their content), but also shaped our understanding of dissents and, in this, our understanding of law. By opening constitutional precedent to potential change, Holmes’s dissents made room for future thought, moving our understanding of legal concepts in a more pragmatic direction and away from formalistic understandings of law. Included in this new understanding is the idea that the “canon” of judicial cases involves oppositional positions that must be sustained if the law is to serve pragmatic purposes. This process of precedent-making in a common-law system resembles the construction of the literary canon as it is conceived by Harold Bloom and Richard Posner.

The book is available for purchase here:

Click here to purchase


Varieties of Emersonian Pragmatism: Synthesis in Justice Holmes

In Academia, America, American History, American Literature, Arts & Letters, Books, Creativity, Emerson, Historicism, History, Humanities, Literary Theory & Criticism, Literature, Nineteenth-Century America, Oliver Wendell Holmes Jr., Philosophy, Poetry, Pragmatism, Rhetoric, Scholarship on April 20, 2016 at 6:45 am

Allen 2

There is a long tradition of scholarship regarding Emerson’s pragmatism. Among those who have written about Emerson’s pragmatism are Russell B. Goodman, Giles Gunn, Poirier, Cornel West, Joan Richardson, Levin, and James M. Albrecht. Even earlier Kenneth Burke noted that “we can see the incipient pragmatism in Emerson’s idealism” and that “Emerson’s brand of transcendentalism was but a short step ahead of an out-and-out pragmatism.”

Goodman analyzed Emerson as “America’s first Romantic philosopher,” the counterpart to Wordsworth, Coleridge, and Carlyle whose idealism would influence William James and later John Dewey and Stanley Cavell.

Gunn examined while contributing to the critical renaissance of American pragmatism in the 1990s; he suggested that Emerson cast a long shadow “at the commencement of the pragmatist tradition in America” and that Emerson belonged to a family of writers that included Henry James, Kenneth Burke, John Dewey, Frank Lentricchia, and others.

To reach this conclusion Gunn adopted a more diffuse definition of pragmatism that went beyond the philosophical tradition of Peirce, Dewey, George Herbert Mead, Sidney Hook, Morton White, Richard Bernstein, John McDermott, and Richard Rorty. He attended to aesthetically charged political texts presented not only by Emerson but also by W.E.B. DuBois, James Baldwin, Flannery O’ Connor, Elizabeth Hardwick, Poirier, Cornel West, Clifford Geertz, and Stanley Fish. Gunn left behind James’s “somewhat restricted focus on the nature of knowledge and the meaning of truth” and turned instead to literary and cultural works that affected social issues.

Gunn’s focus on the social indicates a debt to Dewey, and his valuation of Emerson must be considered in a Deweyian context. That Emerson is a pragmatist is somewhat implied or tacit in Gunn’s account; his discussion is not about what elements of Emersonian thought evidence pragmatism but about how Emerson influenced Henry James Sr. and his sons William and Henry, who in turn influenced a host of other writers; how Emerson spearheaded an American tradition of strong poets and transmitted optimism to subsequent writers; and how Emerson cultivated aesthetic rhetoric and anticipated progressive sociopolitical thought.

If Gunn is a bridge between classical philosophical pragmatism and neopragmatism of the aesthetic variety, Poirier was neither classical philosophical nor neopragmatist, eschewing as he did the logics and empiricism of Pierce and James as well as the political agitating of some of Gunn’s subjects. Poirier concentrated above all on the literary and cultural aspects of pragmatism: not that these aspects are divorced from politics, only that their primary objective is aesthetic or philosophical rather than partisan or activist.

Poirier sought to “revitalize a tradition linking Emerson to, among others, Stein, and to claim that new directions can thereby be opened up for contemporary criticism.” He, like Gunn, was frank about his attempt to expand the pragmatist canon that purportedly began with Emerson. “As Emerson would have it,” he explained, “every text is a reconstruction of some previous texts of work, work that itself is always, again, work-in-progress.”

This constant, competitive process of aesthetic revision gives rise to a community of authors whose mimetic activities gradually form and reform a canon that resembles and functions like the constantly reformulating legal principles in a common-law system: “The same work gets repeated throughout history in different texts, each being a revision of past texts to meet present needs, needs which are perceived differently by each new generation.” Within this revisionary paradigm, Poirier heralded Emerson as the writer who “wants us […] to discover traces of productive energy that pass through a text or a composition or an author, pointing always beyond any one of them.”

Cornel West explored the radical implications of pragmatism to democracy in the works of Emerson, Peirce, William James, Dewey, Sidney Hook, C. Wright Mills, W.E.B. DuBois, Reinhold Niebuhur, Lionel Trilling, Roberto Unger, and Michel Foucault. Unlike the interpreters of pragmatism discussed above, West extended the pragmatist canon from America to the European continent and professed a radical preoccupation with knowledge, power, control, discourse, and politics. Like the previous interpreters, however, he acknowledged the family resemblances among disparate pragmatist thinkers and their ideas and so, in Nietzschean or Foucaultian fashion, undertook a “genealogy” of their traditions.

Recent work by Colin Koopman has run with the historicist compatibilities between genealogy and pragmatism to articulate novel approaches to cultural studies. Although the topic exceeds the scope of this short post, genealogical pragmatism might serve as a promising methodology for future studies of the common-law system.

“My emphasis on the political and moral side of pragmatism,” West explained, “permits me to make the case for the familiar, but rarely argued, claim that Emerson is the appropriate starting point for the pragmatist tradition.” West’s emphasis on pragmatism as a “new and novel form of indigenous American oppositional thought” has an interesting valence with Oliver Wendell Holmes Jr.’s new and novel form of dissenting from the majority and plurality opinions of the U.S. Supreme Court. Holmes’s jurisprudence was oppositional, in other words, although not radical in the sense that West means.

West credited Emerson with enacting “an intellectual style of cultural criticism that permits and encourages American pragmatists to swerve from mainstream European philosophy,” and Holmes’s dissents likewise moved American jurisprudence away from its British origins—especially from Blackstonian paradigms of the common law—and towards an oppositional paradigm modeled off theories of Darwinian struggle.

Richardson borrows a phrase from Darwin, “frontier instances,” which he borrowed from Francis Bacon, to trace the continuity of pragmatism in American life and thought. Her argument “proceeds by amplification, a gesture mimetic of Pragmatism itself, each essay illustrating what happened over time to a form of thinking brought over by the Puritans to the New World.” She treats pragmatism as a uniquely American philosophy and more impressively as an organism that develops through natural selection: “The signal, if implicit, motive of Pragmatism is the realization of thinking as a life form, subject to the same processes of growth and change as all other life forms.” Her diverse subjects signal the definitive expositors of pragmatism for their respective eras: Jonathan Edwards, Emerson, William and Henry James, Wallace Stevens, and Gertrude Stein.

Richardson’s Emerson is a visionary who retained a ministerial or spiritual philosophy but who repackaged it in less conventionally Christian terms than his Puritan, evangelical predecessors. She explains that Emerson imperfectly replicated the work of Old Testament prophets and New Testament apostles to make it apprehensible in the rapidly changing American context. Her latest book, Pragmatism and American Experience, endeavors to untangle the knot of pragmatism and transcendentalism, searching Cavell for illumination regarding the perceived mismatch between these two prominent schools of American philosophy.

Albrecht interrogates the term “individualism” and describes its currency within a pragmatic tradition that runs from Emerson, William James, and Dewey to Kenneth Burke and Ralph Ellison. Unlike the aforementioned scholars of Emerson, who “do not resolve the question of how far, and to what purpose, one can claim the ‘pragmatic’ character of Emerson’s thought,” Albrecht comes close to a practical answer that is made more insightful and understandable in light of Holmes’s judicial writings that appear in media (opinions and dissents) that control rather than merely influence social patterns.

Albrecht strikes a balance between radical and conservative characterizations of pragmatism, “which gets accused of […] contradictory sins: it optimistically overestimates the possibilities for reform, or it succumbs to a conservative gradualism; it is too committed to a mere, contentless method of inquiry that undermines the stability of traditional meanings, or its emphasis on existing means places too much weight on the need to accommodate existing customs, truths, and institutions.” The same could be said of the common-law tradition that Holmes adored and about which he authored his only book, The Common Law, in 1881.

Albrecht never mentions the common law, but there is a mutual radiance between his analysis of Emerson and the longstanding notion of the common law as the gradual implementation and description of rules by courts, aggregated into a canon by way of innumerable cases and in response to changing social norms. Nor does Albrecht mention Holmes, whose Emersonian contributions to pragmatism only affirm Albrecht’s contention that “there are important benefits to be gained not by calling Emerson a pragmatist, […] but by reading Emerson pragmatically—by applying the fundamental methods and attitudes of pragmatism in order to highlight the ways in which similar attitudes are already present in, and central to, Emerson.”

One such benefit involves the sober realization that Holmes’s Emersonian pragmatism cannot be or ought not to be distorted to mean an equivalence with contemporary and coordinate signifiers such as “Left” and “Right,” “Liberal” and “Conservative,” for there are as many self-proclaimed “Conservative pragmatists,” to borrow a term from the jurist Robert H. Bork, as there are Cornel Wests: thinkers “concern[ed] with particularity—respect for difference, circumstance, tradition, history and the irreducible complexity of human beings and human societies—[which] does not qualify as a universal principle, but competes with and holds absurd the idea of a utopia achievable in this world” (Bork’s words).

Due to the long line of scholars celebrating and studying Emersonian pragmatism, Albrecht is able to remark, “The notion that Emerson is a seminal figure or precursor for American pragmatism is no longer new or controversial.” He extends and affirms a scholarly tradition by depicting “an Emerson whose vision of the limited yet sufficient opportunities for human agency and power prefigures the philosophy of American pragmatism.”

More important than Albrecht’s being the latest link in a chain is the clarifying focus he provides for examining an Emersonian Holmes by attending to two ideas that comport with common-law theory: first, that Emerson prefigured James by walking a line between monism and pluralism and by emphasizing the contingency and complexity of natural phenomena; and second, that Emerson considered ideas as derived from past experience but open to creative revision in keeping with present circumstances.

Regarding the first, Albrecht seeks to undermine a prevailing assumption that Emerson was some kind of absolute idealist, as even William James suggested. Albrecht’s argument is based on the position that Emerson rejected essentialisms and envisioned a cosmos consisting of competing forms and ideas that grow and evolve because of their competition.

Regarding the second, Albrecht seeks to show that although Emerson imagined himself as breaking from past forms and ideas, he also regarded the past as indispensable to our understanding of the present and as necessary for generating and cultivating creative dynamism; the past is inescapable and must be utilized to shape the present, in other words. “All attempts to project and establish a Cultus with new rites and forms, seem to me vain,” Emerson preached in this vein in his Divinity School address, adding that all “attempts to contrive a system are as cold as the new worship introduced by the French to the goddess of Reason[.] […] Rather let the breath of new life be breathed by you through the forms already existing.”

Albrecht promises an Emerson who recounts the mimetic and derivative nature of creativity and genius; yet his portrait of Emerson is incomplete without Poirier, who describes an Emersonian stream of pragmatism flowing with idiomatic, resonate, sonorous, and figurative language. Poirier’s notion of superfluity is central to understanding Holmes’s Emersonian role within a common-law system where “[e]very several result is threatened and judged by that which follows” (Emerson, “Circles”). In the common-law system according to Holmes, a “rapid intrinsic energy worketh everywhere, righting wrongs, correcting appearances, and bringing up facts to a harmony with thoughts” as they are permutated in case precedents (Emerson, “Divinity School Address).

Poirier’s notion of Emersonian superfluity involves a thinker’s “continual effort to raise himself above himself, to work a pitch above his last height,” and to push the syntactical and intellectual boundaries so as to avoid having “the same thought, the same power of expression, to-morrow” (Emerson, “Circles”). Superfluity is an attempt to realize in language the restive impulse to drive forward and reenergize, to prophesy and transcend. It characterizes language that is designed to “stir the feelings of a generation” (Holmes, “Law in Science and Science in Law”), or less grandiosely to compensate rhetorically for the inability of the written word to realize the extraordinary power of an idea or emotion.



Paul H. Fry on “The End of Theory” and “Neopragmatism”

In Academia, American History, American Literature, Arts & Letters, Books, History, Humanities, Literary Theory & Criticism, Literature, Pedagogy, Philosophy, Pragmatism, Scholarship, Teaching, The Academy, Western Philosophy on March 30, 2016 at 6:45 am

Below is the next installment in the lecture series on literary theory and criticism by Paul H. Fry. The previous lectures are here, here, here, here, here, here, here, here, here, here,here, here, here, here, here, here, here, here, here, here, here, and here.


Was Oliver Wendell Holmes Jr. a Conservative?

In American History, Arts & Letters, Conservatism, History, Humanities, Judicial Restraint, Jurisprudence, Law, Oliver Wendell Holmes Jr., Philosophy, Politics, Pragmatism on November 4, 2015 at 8:45 am

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Oliver Wendell Holmes Jr. can seem politically enigmatic in part because he was a jurist, not a legislator. He was no conservative, but he was no progressive, either. Misconstruing and mislabeling him only leads to the confusion and discrediting of certain views that conservatives and libertarians alike seriously ought to consider. One must not mistakenly assume that because Lochner-era Fourteenth Amendment due process jurisprudence favored business interests, Holmes stood against business interests when he rejected New York’s Fourteenth Amendment due process defense. (I have avoided the anachronistic term “substantive due process,” which gained currency decades after Lochner.)

Holmes resisted sprawling interpretations of words and principles—even if his hermeneutics brought about consequences he did not like—and he was open about his willingness to decide cases against his own interests. As he wrote to his cousin John T. Morse, “It has given me great pleasure to sustain the Constitutionality of laws that I believe to be as bad as possible, because I thereby helped to mark the difference between what I would forbid and what the Constitution permits.”

All labels for Holmes miss the mark. Holmes defies categorization, which can be a lazy way of affixing a name to something in order to avoid considering the complexity and nuances, and even contradictions, inherent in that something. “Only the shallow,” said Justice Felix Frankfurter, “would attempt to put Mr. Justice Holmes in the shallow pigeonholes of classification.”

Holmes was not conservative but more like a pragmatist in the judicial sense. His position on judging is analogous to William James’s suggestion that a person is entitled to believe what he wants so long as the practice of his religious belief is verifiable in experience and does not infringe upon the opportunity of others to exercise their own legitimate religious practices. James exposited the idea of a “pluralistic world,” which he envisioned to be, in his words, “more like a federal republic than like an empire or a kingdom.” Holmes likewise contemplated the notion of a federal republic in his majority opinions and dissents.

The above text is adapted from an excerpt of my essay “Justice Holmes and Conservatism,” published in The Texas Review of Law & Politics, Vol. 17 (2013). To view the full essay, you may download it here at SSRN or visit the website of The Texas Review of Law & Politics.


“A Selected Bibliography on the Political and Legal Thought of Oliver Wendell Holmes, Jr.,” by Seth Vannatta

In Academia, American History, Arts & Letters, Books, Conservatism, History, Humanities, Jurisprudence, Law, Oliver Wendell Holmes Jr., Politics, Pragmatism, Scholarship on October 7, 2015 at 8:45 am

Seth Vannatta

Seth Vannatta is an Associate Professor and Interim Department Head in the Department of Philosophy and Religious Studies at Morgan State University. He earned a PhD in Philosophy at Southern Illinois University Carbondale (2010), where he lived from 2006-2010. Before attending SIUC, Seth taught grades 5 through 12 in the History, English, and Religion Departments at Casady School. He served as head varsity volleyball coach for ten years and head varsity soccer coach for three years. He also served as chair of the history department for two years. He has a BA from Colorado College in History (1995) and a Master’s in Liberal Arts from Oklahoma City University (2002). His wife, Rachel, has a BA from Northwestern University (2006), an Master’s in Counselor Education from Southern Illinois University (2010) and is a doctoral candidate in Counselor Education at George Washington University.

Alexander, Tom. “John Dewey and the Moral Imagination: Beyond Putnam and Rorty toward a Postmodern Ethics.” Transactions of the Charles Sanders Peirce Society. Vol. XXIX. No. 3. (Summer,1993), 369-400.

Alschuler, Albert. Law without Values. Chicago: University of Chicago Press, 2000.

Anderson, Douglas. “Peirce’s Agape and the Generality of Concern.” International Journal for the Philosophy of Religion. (Summer,1995), 103-112.

Anderson, Douglas. “Peirce and the Art of Reasoning.” Studies in Philosophy and Education.  No. 24. (2005), 277-289.

Austin, John. The Province of Jurisprudence Determined. New Dehli: Universal Law Publishing Printers, 2008.

Auxier, Randall. “Dewey on Religion and History.” Southwest Philosophy Review. Vo. 6. No. 1. January, (1990), 45-58.

_____________. “Religion and Theology.” for The Philosophy of Law: An Encyclopedia. Ed. Christopher B. Gray (Garland Publishing Co., 1999), 735-738.

_____________. “Foucault, Dewey, and the History of the Present.” Journal of Speculative Philosophy. Vol. 16. No. 2. (2002), 75-102.

_____________. “The Decline of Evolutionary Naturalism in Later Pragmatism,” Pragmatism: From Progressivism to Postmodernism. Ed. Hollinger, Robert. (Westport: Praeger, 1995), 135-150.

Baltimore and Ohio Railroad v. Goodman, 275 U.S. 66 (1927).

Burke, Edmund. Reflections on the Revolution in France. London: Penguin Books, 1986.

 The Commentaries of Sir William Blackstone, Knt. On the Laws and Constitution of England.  Ed. William Curry. London: Elibron Classics, Adamant Media Corporation, 2005.

Plato Complete Works. Edited by John Cooper. Indianapolis: Hackett Publishing, 1997.

Dailey, Anne C. “Holmes and the Romantic Mind.” Duke Law Journal. Vol. 48. No. 3 (Dec., 1998), 429-510.

Dewey, John. Human Nature and Conduct. Middle Works, Volume 14, 1922. Edited by Jo Ann Boydston. Carbondale: Southern Illinois University Press, 1967-1990.

____________. Experience and Nature. Later Works, Volume 1. Edited by Jo Ann Boydston.  Carbondale: Southern Illinois University Press, 1967-1990.

____________. “Justice Holmes and the Liberal Mind.” Later Works. Volume 3. Edited by Jo Ann Boydston. Carbondale: Southern Illinois University Press, 1967-1990.

____________. “Three Independent Factors in Morals.” Later Works. Volume 14. Edited by Jo Ann Boydston. Carbondale: Southern Illinois University Press, 1967-1990.

____________. “Qualitative Thought.” Later Works, Volume 5. Edited by Jo Ann Boydston.  Carbondale: Southern Illinois University Press, 1967-1990.

____________. Logic: The Theory of Inquiry. Later Works, Volume 12, 1938. Edited by Jo Ann     Boydston. Carbondale: Southern Illinois University Press, 1967-1990.

____________. “My Philosophy of Law.” Later Works. Volume 14. Edited by Jo Ann Boydston. Carbondale: Southern Illinois University Press, 1967-1990.

____________. “Time and Individuality.” Later Works, Volume 14. Edited by Jo Ann Boydston.   Carbondale: Southern Illinois University Press, 1967-1990.

Fisch, Max. “Justice Holmes, the Prediction Theory of Law, and Pragmatism.” The Journal of Philosophy. Vol. 34. No. 4. (February 12, 1942) 85-97.

Gadamer, Hans Georg. Truth and Method. London: Continuum, 2006.

Gouinlock, James. “Dewey,” in Ethics in the History of Western Philosophy. Edited by James  Gouinlock. New York: St. Martin’s Press, 1989.

­­­­­­­­­______________. John Dewey’s Philosophy of Value. New York: Humanities Press, 1972.

Grey, Thomas C. “Holmes and Legal Pragmatism.” 41 Stanford Law Review 787 (April 1989), 787-856.

_____________. “Freestanding Legal Pragmatism.”18 Cardozo Law Review 21. (September, 1996), 21-42.

Hantzis, Catharine Wells, “Legal Theory: Legal Innovation within the Wider Intellectual   Tradition: The Pragmatism of Oliver Wendell Holmes, Jr.” 82 Northwestern University Law Review. 541. (Spring, 1988), 543-587

Hickman, Larry A. Pragmatism as Post-postmodernism Lessons from John Dewey. New York:    Fordham University Press, 2007.

Hobbes, Thomas. Leviathan. Edited by C. B. Macpherson. London: Penguin Books, 1985.

Holmes-Einstein Letters. Edited by James Bishop Peabody. New York: St. Martin’s Press, 1964.

“Holmes, Peirce, and Legal Pragmatism.” The Yale Law Journal. Vol. 84. No. 5. (Apr. 1975), 1123-1140.

Holmes, Oliver Wendell. Dissent in ABRAMS ET AL. v. UNITED STATES. SUPREME COURT OF THE UNITED STATES 250 U.S. 616. November 10, 1919.

250 U.S. 616 (1919) Espionage Act (§ 3, Title I, of Act approved June 15, 1917, as amended May 16, 1918, 40 Stat. 553).

Hume, David. A Treatise Concerning Human Nature. NuVision Publications, 2007.

Kant, Immanuel. “What is Enlightenment?” in The Philosophy of Kant Immanuel Kant’s Moral    and Political Writings. Edited by Carl Friedrich. New York: The Modern Library, 1949.

_____________. “Of the Relation of Theory to Practice in Constitutional Law” in The Philosophy of Kant Immanuel Kant’s Moral and Political Writings. Edited by Carl Friedrich. New York: The Modern Library, 1949.

Kellogg, Frederic R. “Legal Scholarship in the Temple of Doom: Pragmatism’s Response to Critical Legal Studies.” 65 Tulane Law Review 15 (November, 1990), 16-56.

________________. “Holistic Pragmatism and Law: Morton White on Justice Oliver Wendell Holmes.” Transactions of the Charles Peirce Society. Vol. XL. No. 4. (Fall, 2004), 559-567.

________________. Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint, Cambridge: University Press, 2007.

Kronman, Anthony T. “Alexander Bickel’s Philosophy of Jurisprudence.” 94 Yale Law Journal.   (June, 1985), 1567-1616.

Locke, John. Second Treatise on Civil Government. Amherst: Prometheus Books, 1986.

Luban, David. “The Posner Variations (Twenty-Seven Variations on a Theme by Holmes).” Stanford Law Review. Vol. 48. No. 4 (Apr. 1996), 1001-1036.

___________. “Justice Holmes and the Metaphysics of Judicial Restraint. Duke Law Journal. Vol. 44. No. 3. (December, 1994), 449-523.

___________. Legal Modernism. Ann Arbor: University of Michigan Press, 1997.

Maine, Sir Henry James. Ancient Law. London: J.M. Dent & Sons, Ltd.; New York: E.P. Dutton & Co., 1917.

McDermott, John. Society for the Advancement of American Philosophy. March 17, 2008, East Lansing, Michigan.

Menand, Louis. The Metaphysical Club: A Story of Ideas in America. New York: Farrar, Straus, and Giroux, 2001.

Pragmatism A Reader. Ed. Louis Menand. New York: Vintage Books, 1997.

Mill, John Stuart. Utilitarianism On Liberty Essay on Bentham together with selected writings of Jeremy Bentham and John Austin. Edited by Mary Warnock. New York: New American      Library, 1974. 

The Essential Writings of Charles S. Peirce. Ed. Edward Moore. New York: Prometheus Books, 1998.

Nietzsche, Friedrich . “On the Uses and Disadvantages of History for Life.” in Untimely Meditations. Translated by R. Hollingdale, 1983. 

The Collected Works of Justice Holmes. Vol. I. Edited by Sheldon Novick. Chicago: University of Chicago Press, 1995. 

The Collected Works of Justice Holmes, Vol. 3, ed. Sheldon M. Novick. Chicago: University of  Chicago Press, 1995.

Nussbaum, Martha. “The Use and Abuse of Philosophy in Legal Education.” 45 Stanford Law Review 1627 (1993), 1627-1645.

Peirce, Charles S. “The Fixation of Belief.” in The Essential Peirce. Edited by Edward C. Moore. Amherst: Prometheus Books, 1998.

­­­­­­­­­­­­­­­______________. “Questions Concerning Certain Capacities Claimed for Man.” in The Essential  Peirce. Edited by Edward C. Moore. Amherst: Prometheus Books, 1998.

______________. “Philosophy and the Conduct of Life.” in Reasoning and the Logic of   Things.  Edited by Kenneth Lane Ketner. Cambridge: Harvard University Press, 1992.

______________. “Evolutionary Love,” The Essential Peirce, Volume I (1867-1893). Ed.  Nathan Houser and Christian Kloesel. Bloomington: Indiana University Press, 1992.

Posner, Richard A. The Economics of Justice. Boston: Harvard University Press, 1981. 

_______________. Frontiers of Legal Theory. Cambridge: Harvard University Press, 2001.

_______________. The Problems of Jurisprudence. Cambridge: Harvard University Press, 1990.

_______________. Overcoming Law. Cambridge: Harvard University Press, 1995.

_______________. Law, Pragmatism, and Democracy. Cambridge: Harvard University Press, 2003.

_______________. The Problematics of Moral and Legal Theory. Cambridge: Harvard     University Press, 1999.

_______________. How Judges Think. Cambridge: Harvard University Press, 2008.

The Essential Holmes. ed. Richard Posner. Chicago: University of Chicago Press, 1992.

Rawls, John. A Theory of Justice. Revised Edition. Cambridge: Harvard University Press, 2003.

von Savigny, Fredrich Carl. Of the Vocation of Our Age for Legislation and Jurisprudence.  North Stratford: Ayer Company Publishers, 2000.

Schedler, George. “Hobbes on the Basis of Political Obligation.” Journal of the History of Philosophy. April (1977), 165-170.

Sullivan, Michael and Solove, Daniel J. “Can Pragmatism Be Radical? Richard Posner and Legal Pragmatism.” Yale Law Journal. Vol. 113. No. 3. (Dec. 2003), 687-741.

Sullivan, Michael. Legal Pragmatism Community, Rights, and Democracy. Bloomington: Indiana University Press, 2007.

______________. “Pragmatism and Precedent: A Response to Dworkin,” Transactions of the Charles S. Peirce Society: A Quarterly Journal in American Philosophy, Vol. 26. No. 2. (Spring 1990), 225-248.

Thomson, Judith Jarvis “A Defense of Abortion,” in Contemporary Moral Problems. Edited by James E. White. Eighth Edition. United States: Thomson Wadsworth, 2006.

Part II

Alexander, Tom. John Dewey’s Theory of Art, Experience, and Nature The Horizons of Feeling.   Albany: State University of New York Press, 1987.

Anderson, Douglas. Strands of System The Philosophy of Charles Peirce. Purdue University  Press, 1995.

Cardozo, Benjamin. The Nature of the Judicial Process. New Haven: Yale University Press, 1961.

Dworkin, Ronald. Law’s Empire. Cambridge: Harvard University Press, 1986.

Fisch, Max. “Was there a Metaphysical Club in Cambridge?—Postscript.” Transactions of the       Charles S. Peirce Society: A Quarterly Journal in American Philosophy. 17 (Spring    1981), 128-130.

Hart, H.L.A. The Concept of Law. Second Edition. Oxford: Oxford University Press, 2005.

 The Blackwell Guide to the Philosophy of Law and Legal Theory. Ed. Golding and Edmundson.   Oxford: Blackwell Publishing, 2005.

Black’s Law Dictionary. Ed. Bryan A. Garner. St. Paul: West Publishing Company, 1996.

The Holmes-Laski Letters. The Correspondence of Mr. Justice Holmes and Harold J. Laski. Ed.    Felix Frankfurter. Vol. I and II. Cambridge: Harvard University Press, 1953.

The Holmes-Pollock Letters The Correspondence of Mr. Justice Holmes and Sir Frederick Pollock 1874-1932. Ed. Mark DeWolfe Howe. Cambridge: Harvard University Press,  1942.

Howe, Mark DeWolfe. Justice Oliver Wendell Holmes II: The Proving Years, 1870-1882 (1963).

Johnson, Michael. “Posner on the Uses and Disadvantages of Precedents for Law.” 23 Review of Litigation. 144 (2003), 143-156.

Kant, Immanuel. Foundations of the Metaphysics of Morals. Trans. Lewis White Beck. New Jersey: Prentice Hall, 1997.

Kellogg, Frederic R. “Holmes, Common Law Theory, and Judicial Restraint.” 36 Marshal Law Review 457 (Winter, 2003).

Luban, David. “The Bad Man and the Good Lawyer: A Centennial Essay on Holmes’s The Path of the Law.” NYU Law Review. Vol. 72. No. 6, (1997), 1547-83.

___________. “What’s Pragmatic About Legal Pragmatism?” Cardozo Law Review. Vol. 18. No. 1 (1996), 43-73.

Modak-Truran, Mark C. “A Pragmatic Justification of the Judicial Hunch.” 35 University of Richmond Law Review 55 (March, 2001).

Murphey, Murray G. Philosophical Foundations of Historical Knowledge. Albany: SUNY Press, 1994.

My Philosophy of Law Sixteen Credos of American Scholars. Boston: Boston Law Book Co., 1941.

Parker, Kunal. “The History of Experience: On the Historical Imagination of Oliver Wendell Holmes, Jr.” PoLAR. Vol. 26. No 2.

Oakeshott, Michael. On History. Oxford: Liberty Fund, 1999.

________________. Rationalism in Politics and Other Essays. Oxford: Liberty Fund, 1991.

Posner, Richard A. Cardozo: a Study in Reputation. Chicago: University of Chicago Press, 1990.

_______________. The Economic Analysis of Law. Boston: Little Brown and Company, 1977.

_______________. “Symposium on the Renaissance of Pragmatism in American Legal Thought: What has Pragmatism to Offer Law?” 63 S. Cal. Law Review. 1653. September (1990).

Pound, Roscoe. An Introduction to the Philosophy of Law. New Haven: Yale University Press, 1982.

Rousseau, Jean-Jacques. The Social Contract. New York: Penguin Books, 2006.

Rorty, Richard, “Dewey and Posner on Pragmatism and Moral Progress.” 74 University of Chicago Law Review 915 (2007).

Tushnet, Mark. “The Logic of Experience: Oliver Wendell Holmes on the Supreme Court.” 63 Virginia Law Review 975 (1977).

Vetter, Jan. “The Evolution of Holmes, Holmes and Evolution.” 72 California Law Review 343  (May, 1984).

Wacks, Raymond. Philosophy of Law A Very Short Introduction. Oxford: Oxford University Press, 2006.

Wells, Catherine Pierce. “Symposium Oliver Wendell Holmes, Jr. The Judging Years: Holmes on Legal Method: The Predictive Theory of Law as an Instance of Scientific Method.” 18 S.M.U. Law Review 329 (Winter, 1994).

White, Edward G. Justice Oliver Wendell Holmes Law and the Inner Self. Oxford: Oxford University Press, 1993.



Pragmatists Versus Agrarians?

In America, American History, Arts & Letters, Book Reviews, Books, Conservatism, Emerson, History, Humanities, Liberalism, Literary Theory & Criticism, Literature, Nineteenth-Century America, Philosophy, Politics, Pragmatism, Southern History, Southern Literature, Western Civilization, Western Philosophy, Writing on June 19, 2013 at 8:45 am

Allen Mendenhall

This review originally appeared here at The University Bookman.

John J. Langdale’s Superfluous Southerners paints a magnificent portrait of Southern conservatism and the Southern Agrarians, and it will become recognized as an outstanding contribution to the field of Southern Studies. It charts an accurate and compelling narrative regarding Southern, Agrarian conservatism during the twentieth century, but it erroneously conflates Northern liberalism with pragmatism, muddying an otherwise immaculate study.

Langdale sets up a false dichotomy as his foundational premise: progressive, Northern pragmatists versus traditionalist, Southern conservatives. From this premise, he draws several conclusions: that Southern conservatism offers a revealing context for examining the gradual demise of traditional humanism in America; that Northern pragmatism, which ushered in modernity in America, was an impediment to traditional humanism; that “pragmatic liberalism” (his term) was Gnostic insofar as it viewed humanity as perfectible; that the man of letters archetype finds support in Southern conservatism; that Southern conservatives eschewed ideology while Northern liberals used it to present society as constantly ameliorating; that Southern conservatives celebrated “superfluity” in order to preserve canons and traditions; that allegedly superfluous ways of living were, in the minds of Southern conservatives, essential to cultural stability; that Agrarianism arose as a response to the New Humanism; and that superfluous Southerners, so deemed, refined and revised established values for new generations.

In short, his argument is that Southern conservatives believed their errand was to defend and reanimate a disintegrating past. This belief is expressed in discussion of the work of six prominent Southern men of letters spanning two generations: John Crowe Ransom, Donald Davidson, Allen Tate, Cleanth Brooks, Richard Weaver, and M. E. Bradford.

Langdale ably demonstrates how the Southern Agrarians mounted an effective and tireless rhetorical battle against organized counterforces, worried that scientific and industrial progress would replace traditional faith in the unknown and mysterious, and fused poetry and politics to summon forth an ethos of Romanticism and chivalry. He sketches the lines of thought connecting the earliest Agrarians to such later Southerners as Weaver and Bradford. He is so meticulous in his treatment of Southern conservatives that it is surprising the degree to which he neglects the constructive and decent aspects of pragmatism.

Careful to show that “Agrarianism, far from a monolithic movement, had always been as varied as the men who devised it,” he does not exercise the same fastidiousness and impartiality towards the pragmatists, who are branded with derogatory labels throughout the book even though their ideas are never explained in detail. The result is a series of avoidable errors.

First, what Langdale treats as a monolithic antithesis to Southern conservatism is actually a multifaceted philosophy marked by only occasional agreement among its practitioners. C. S. Peirce was the founder of pragmatism, followed by William James, yet Peirce considered James’s pragmatism so distinct from his own that he renamed his philosophy “pragmaticism.” John Dewey reworked James’s pragmatism until his own version retained few similarities with James’s or Peirce’s. Oliver Wendell Holmes Jr. never identified himself as a pragmatist, and his jurisprudence is readily distinguishable from the philosophy of Peirce, James, and Dewey. Each of these men had nuanced interpretations of pragmatism that are difficult to harmonize with each other, let alone view as a bloc against Southern, traditionalist conservatism.

Second, the Southern Agrarians espoused ideas that were generally widespread among Southerners, embedded in Southern culture, and reflective of Southern attitudes. By contrast, pragmatism was an academic enterprise rejected by most Northern intellectuals and completely out of the purview of the average Northern citizen. Pragmatism was nowhere near representative of Northern thinking, especially not in the political or economic realm, and it is hyperbolic to suggest, as Langdale does, that pragmatism influenced the intellectual climate in the North to the extent that traditionalist conservatism influenced the intellectual climate in the South.

Third, the pragmatism of Peirce and James is not about sociopolitical or socioeconomic advancement. It is a methodology, a process of scientific inquiry. It does not address conservatism per se or liberalism per se. It can lead one to either conservative or liberal outcomes, although the earliest pragmatists rarely applied it to politics as such. It is, accordingly, a vehicle to an end, not an end itself. Peirce and James viewed it as a technique to ferret out the truth of an idea by subjecting concrete data to rigorous analysis based on statistical probability, sustained experimentation, and trial and error. Although James occasionally undertook to discuss political subjects, he did not treat pragmatism as the realization of political fantasy. Pragmatism, properly understood, can be used to validate a political idea, but does not comprise one.

The Southern Agrarians may have privileged poetic supernaturalism over scientific inquiry; it does not follow, however, that pragmatists like Peirce and James evinced theories with overt or intended political consequences aimed at Southerners or traditionalists or, for that matter, Northern liberals. Rather than regional conflict or identity, the pragmatists were concerned with fine-tuning what they believed to be loose methods of science and epistemology and metaphysics. They identified with epistemic traditions of Western philosophy but wanted to distill them to their core, knowing full well that humans could not perfect philosophy, only tweak it to become comprehensible and meaningful for a given moment. On the other hand, the Southern Agrarians were also concerned with epistemology and metaphysics, but their concern was invariably colored by regional associations, their rhetoric inflected with political overtones. Both Southern Agrarians and pragmatists attempted to conserve the most profitable and essential elements of Western philosophy; opinions about what those elements were differed from thinker to thinker.

Fourth, Langdale’s caricature (for that is what it is) of pragmatism at times resembles a mode of thought that is alien to pragmatism. For instance, he claims that “pragmatism is a distinctly American incarnation of the historical compulsion to the utopian and of what philosopher Eric Voegelin described as the ancient tradition of ‘gnosticism.’” Nothing, however, is more fundamental to pragmatism than the rejection of utopianism or Gnosticism. That rejection is so widely recognized that even Merriam-Webster lists “pragmatism” as an antonym for “utopian.”

Pragmatism is against teleology and dogma; it takes as its starting point observable realities rather than intangible, impractical abstractions and ideals. What Langdale describes is more like Marxism: a messianic ideology with a sprawling, utopian teleology regarding the supposedly inevitable progress of humankind.

Given that pragmatism is central to his thesis, it is telling that Langdale never takes the time to define it, explain the numerous differences between leading pragmatists, or analyze any landmark pragmatist texts. The effect is disappointing.

Landgale’s approach to “superfluity” makes Superfluous Southerners the inverse of Richard Poirier’s 1992 Poetry and Pragmatism: whereas Langdale relates “superfluity” to Southern men of letters who conserve what the modern era has ticketed as superfluous, Poirier relates “superfluity” to Emerson and his literary posterity in Robert Frost, Gertrude Stein, Wallace Stevens, T. S. Eliot, William Carlos Williams, and Ezra Pound. Both notions of superfluity contemplate the preservation of perennial virtues and literary forms; one, however, condemns pragmatism while the other applauds it.

For both Langdale and Poirier, “superfluity” is good. It is not a term of denunciation as it is usually taken to be. Langdale cites Hungarian sociologist Karl Mannheim to link “superfluity” to traditionalists who transform and adapt ideas to “the new stage of social and mental development,” thus keeping “alive a ‘strand’ of social development which would otherwise have become extinct.”

Poirier also links superfluity to an effort to maintain past ideas. His notion of “superfluity,” though, refers to the rhetorical excesses and exaggerated style that Emerson flaunted to draw attention to precedents that have proven wise and important. By reenergizing old ideas with creative and exhilarating language, Emerson secured their significance for a new era. In this respect, Emerson is, in Poirier’s words, “radically conservative.”

Who is right? Langdale or Poirier? Langdale seeks to reserve superfluity for the province of Southern, traditionalist conservatives. Does this mean that Poirier is wrong? And if Poirier is right, does not Langdale’s binary opposition collapse into itself?

These questions notwithstanding, it is strange that Langdale would accuse the Emersonian pragmatic tradition of opposing that which, according to Poirier, it represents. Although it would be wrong to call Emerson a political conservative, he cannot be said to lack a reverence for history. A better, more conservative criticism of Emerson—which Langdale mentions in his introduction—would involve Emerson’s transcendentalism that promoted a belief in innate human goodness. Such idealism flies in the face of Southern traditionalism, which generally abides by the Augustinian doctrine of innate human depravity and the political postures appertaining thereto.

What Langdale attributes to pragmatism is in fact a bane to most pragmatists. A basic tenet of pragmatism, for instance, is human fallibilism, which is in keeping with the doctrine of innate human depravity and which Peirce numbers as among his reasons for supporting the scientific method. Peirce’s position is that one human mind is imperfect and cannot by itself reach trustworthy conclusions; therefore, all ideas must be filtered through the logic and experimentation of a community of thinkers; a lasting and uniform consensus is necessary to verify the validity of any given hypothesis. This is, of course, anathema to the transcendentalist’s conviction that society corrupts the inherent power and goodness of the individual genius.

Langdale’s restricted view of pragmatism might have to do with unreliable secondary sources. He cites, of all people, Herbert Croly for the proposition that, in Croly’s words, “democracy cannot be disentangled from an aspiration toward human perfectibility.” The connection between Croly and pragmatism seems to be that Croly was a student of James, but so was the politically and methodologically conservative C. I. Lewis. And let us not forget that the inimitable Jacques Barzun, who excoriated James’s disciples for exploiting and misreading pragmatism, wrote an entire book—A Stroll with William James—which he tagged as “the record of an intellectual debt.”

Pragmatism is a chronic target for conservatives who haven’t read much pragmatism. Frank Purcell has written in Taki’s Magazine about “conservatives who break into hives at the mere mention of pragmatism.” Classical pragmatists are denominated as forerunners of progressivism despite having little in common with progressives. The chief reason for this is the legacy of John Dewey and Richard Rorty, both proud progressives and, nominally at least, pragmatists.

Dewey, behind James, is arguably the most recognizable pragmatist, and it is his reputation, as championed by Rorty, that has done the most to generate negative stereotypes and misplaced generalizations about pragmatism. Conservatives are right to disapprove of Dewey’s theories of educational reform and social democracy, yet he is just one pragmatist among many, and there are important differences between his ideas and the ideas of other pragmatists.

In fact, the classical pragmatists have much to offer conservatives, and conservatives—even the Southern Agrarians—have supported ideas that are compatible with pragmatism, if not outright pragmatic. Burkean instrumentalism, committed to gradualism and wary of ideological extremes, is itself a precursor to social forms of pragmatism, although it bears repeating that social theories do not necessarily entail political action.

Russell Kirk’s The Conservative Mind traces philosophical continuities and thus provides clarifying substance to the pragmatist notion that ideas evolve over time and in response to changing technologies and social circumstances, while always retaining what is focal or fundamental to their composition. The original subtitle of that book was “From Burke to Santayana,” and it is remarkable, is it not, that both Burke and Santayana are pragmatists in their own way? Santayana was plugged into the pragmatist network, having worked alongside James and Josiah Royce, and he authored one of the liveliest expressions of pragmatism ever written: The Life of Reason. Although Santayana snubbed the label, general consensus maintains that he was a pragmatist. It is also striking that Kirk places John Randolph of Roanoke and John C. Calhoun, both Southern conservatives, between these pragmatists on his map of conservative thought. There is, in that respect, an implication that pragmatism complements traditionalism.

Langdale relies on Menand’s outline of pragmatism and appears to mimic Menand’s approach to intellectual history. It is as though Langdale had hoped to write the conservative, Southern companion to The Metaphysical Club. He does not succeed because his representation of pragmatism is indelibly stamped by the ideas of Rorty, who repackaged pragmatism in postmodern lexica. Moreover, Langdale’s failure or refusal to describe standing differences between the classical pragmatists and neo-pragmatists means that his book is subject to the same critique that Susan Haack brought against Menand.

Haack lambasted Menand for sullying the reputation of the classical pragmatists by associating pragmatism with nascent Rortyianism—“vulgar Rortyianism,” in her words. Langdale seems guilty of this same supposition. By pitting pragmatism against Southern conservatism, he implies that Southern conservatism rejects, among other features, the application of mathematics to the scientific method, the analysis of probabilities derived from data sampling and experimentation, and the prediction of outcomes in light of statistical inferences. The problem is that the Agrarians did not oppose these things, although their focus on preserving the literary and cultural traditions of the South led them to express their views through poetry and story rather than as philosophy. But there is nothing in these methods of pragmatism (as opposed to the uses some later pragmatists may have put to them) that is antithetical to Southern Agrarianism.

Superfluous Southerners is at its best when it sticks to its Southern subjects and does not undertake comparative analyses of intellectual schools. It is at its worst when it resorts to incorrect and provocative phrases about “the gnostic hubris of pragmatists” or “the gnostic spirit of American pragmatic liberalism.” Most of its chapters do a remarkable job teasing out distinctions between its Southern conservative subjects and narrating history about the Southern Agrarians’ relationship to modernity, commitment to language and literature, and role as custodians of a fading heritage. Unfortunately, his book confounds the already ramified philosophy known as pragmatism, and at the expense of the Southern traditionalism that he and I admire.

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