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John William Corrington on Science, Symbol, and Meaning

In American History, American Literature, Arts & Letters, Essays, History, Humanities, John William Corrington, liberal arts, Literary Theory & Criticism, Literature, Philosophy, Scholarship, Western Civilization, Western Philosophy, Writing on November 28, 2018 at 6:45 am

John William Corrington’s essay “Science, Symbol, and Meaning” (1983) is archived at Centenary College as “Houston Talk.” It was the opening address at the Second Annual Space Industrialization Conference of the National Space Society in Houston, Texas. It has been included in my recent edition of Corrington’s work, which is available for purchase by clicking on this image:

The subject of “Science, Symbol, and Meaning” is man’s exploration of outer space and the potential physical instantiation of certain theories about the structure of the cosmos. Corrington sets out to “reconstruct” Western culture, first by defining and describing it and then by diagnosing what he calls its “deformity,” which involves confusion regarding the differences between mythical and scientic modes of knowing.

This essay uses the subject of space exploration as a starting point for recommending remedies to this so-called deformity. Corrington purports to derive his thesis about time and cosmic order from Eric Voegelin, Martin Heidegger, and Giorgio de Santillana. He critiques the “illusion” that scientific thinking displaced mythopoetic thinking in the West because, he says, theological and symbolic thinking has been used to make sense of the data that has been objectively arrived at and disinterestedly gathered. This illusion will no longer stand, Corrington suggests, as the expanse of space becomes more intimately known to us and we begin to acknowledge the role that myth plays in ordering our experience within the observable cosmos.

Rationalism and empiricism are, Corrington suggests, themselves forms of myth about our ability to know the cosmos that we occupy.

Corrington emphasizes the limits of human knowledge and submits that modern science is, however useful, myth; science, he says, is not “co-extensive with the manifold of reality.” Science equips us with symbols that can be manipulated to structure and explain our thinking about the phenomenal universe.

The drive for the enterprise of space exploration, in his view, represents a repressed desire to know and order our experience; it is in this sense a structural element of our psyche, something that is not new to modernity but long felt and expressed. For this reason Corrington believes the “leap into space is the heritage and destiny of Western Man.” Corrington’s prescription, in light of his comments on space exploration, for  the “deformity” in Western thinking is as follows:

We must re-learn and carry to the heart the old verities that existed before the rise of metaphysics and science, the truths that were carried on and carried down through the mythological structure of the psyche: the unity of humanity and the cosmos, the illusory and ephemeral quality of the ego, the one law common to all that penetrates and encompasses the fine structure and the gross structure of reality.

The Unmeaning of Uneaning

In Arts & Letters, Bioethics, Books, Humanities, Science, Western Civilization, Western Philosophy on October 19, 2016 at 6:45 am

Allen 2

This review originally appeared here in Chronicles. 

A computer was the victor on a popular television game show, easily defeating its human competitors; an arms race is under way involving militarized robots that can take the battlefield in the place of inferior humans; in Japan, artificial-intelligence software has outperformed college applicants on a standardized college-entrance examination.

Our machines are becoming a part of us, one of us.  Manufactured retinas have restored sight to the blind; the maimed and the crippled have regained their limbs and appendages in the form of robotic prosthetics; brain implants have alleviated problems associated with Parkinson’s disease; a company called EmoShape manufactures robots that display human emotions, including anger and fear and sadness.

But where there is human flesh, even a simulacrum of human flesh, there is the potential for eros.  The 2013 film Her explored the possibility that humans will attempt romantic congress with computer operating systems, reducing love to an algorithm and human sex acts to masturbatory exchanges with disembodied, computerized voices.

We have created our own reproductive anatomy—lab-engineered penises and vaginas—that soon will be tested on men and women with congenital defects.  Men may now visit virtual-reality brothels.  A baby recently was born out of a transplanted womb.

We are building more robots and killing more human fetuses than ever before.  Luminaries like Stephen Hawking warn of the dangers of artificial intelligence; futurists, on the other hand, celebrate the rise of cyborgs and the arrival of transhumanism and even posthumanism.  Synthetic biologists are learning, they claim, to direct natural selection through gene therapy and cell manipulation.  Silicon Valley’s brightest have announced that they are seeking “cures” for human aging.

In light of all this, the question of the meaning of human existence seems more urgent than ever before.

Edward O. Wilson purports to answer this question in The Meaning of Human Existence, his 30th book.  Wilson is one of the world’s most renowned scientists.  He is by all accounts a gentleman who enunciates his words in a soft, Southern drawl.  Raised in Alabama, blind in one eye, he developed a boyhood fascination with insects that eventually led him to Harvard, where he took his Ph.D. in biology.  He earned his reputation by studying ants and by writing popular books that are accessible to laymen.  On Human Nature, his fourth book, won the Pulitzer Prize for general nonfiction in 1979.  He has, despite his atheism, drawn praise from conservative intellectuals.  In 1989, for instance, The Rockford Institute, which publishes this magazine, gave him the Richard M. Weaver Award for Scholarly Letters.

As titles go, Wilson’s The Meaning of Human Existence is bold if not presumptuous.  Works that set out to establish definitively the “meaning” of human life promise more than they can deliver.  First, there is the problem of meaning itself.  Thus, Wilson begins with a short chapter titled “The Meaning of Meaning,” which, not surprisingly, raises more questions than it answers.  The meaning of meaning, according to Wilson, resides in the blurry overlap between two worldviews: the theological and religious worldview that locates meaning in the design and intention of an omnipotent creator, and the scientific worldview that locates meaning in the random accidents of history and in the nondesigned, adaptive, spontaneously ordered laws of nature.  These worldviews are tenuously linked, Wilson suggests, in their treatment of human free will and intentionality.

Wilson claims, for example, that intelligent organisms evolve associatively to combine their intents and purposes for their mutual benefit; their behavior grows more alike over time as together they respond to environmental imperatives and learn to commiserate and to cooperate as a social unit.  What was once merely the mechanical firing of brain activity in individual persons has become a behavioral trait among groups of humans.  Wilson provides an arthropodic example:

A spider spinning its web intends, whether conscious of the outcome or not, to catch a fly.  That is the meaning of the web.  The human brain evolved under the same regimen as the spider’s web.  Every decision made by a human being has meaning in the first, intentional sense.  But the capacity to decide, and how and why the capacity came into being, and the consequences that followed, are the broader, science-based meaning of human existence.

Meaning itself is not identified in this illustration: Wilson does not tell us what it is, only where we might find it.  It’s up to us to do the searching.

Despite his prefatory lip service to theology and religion, Wilson adopts a materialist worldview, which seems, the more he describes it, less and less compatible with the theological and religious worldview, until at last there is no overlap at all.  Wilson tells us that there “is no predestination, no unfathomed mystery of life.  Demons and gods do not vie for our allegiance.”  He assures us that the “eternal conflict” between groups of people “is not God’s test of humanity” or “a machination of Satan.”  “It is,” he says, “just the way things worked out.”

Wilson is convinced that humans are for the first time in their history (“not just the six millennia of civilization but very much further back, across hundreds of millennia”) leaving behind the process that, he claims, produced us—namely, natural selection—and entering into a new age of choice in which we have available to us a genetic “shopping list” to “direct our own evolution.”  He proposes that we understand our biological and evolutionary past in order wisely to shape our future.

One would think that a grounding in history or tradition would aid in satisfying this ambition, but Wilson makes clear that he is rejecting this kind of history and promoting a secular and scientific history that is not only stripped of providence, angelic intercession, heavenly statutes, and divine intervention but also antecedent to all written records.  “Humanity,” he avers to this end,

arose entirely on its own through an accumulated series of events during evolution.  We are not predestined to reach any goal, nor are we answerable to any power but our own.  Only wisdom based on self-understanding, not piety, will save us.

Tellingly, Wilson does not define what it means to “save” or what we need to be saved by or from if there is no God, Hell, sin, Satan, or transcendental moral order to the universe.  He is apparently content in his belief that “[t]here will be no redemption or second chance vouchsafed to us from above.”  “We have,” he adds, “only this one planet to inhabit and this one meaning to unfold.”

To seek answers to the meaning of human existence from this secular perspective in which man isn’t begotten by Adam but descended from Homo habilis and improved from organism to super organism, Wilson could have turned to the ideas of Emerson or Nietzsche or Bertrand Russell or Einstein or Ayn Rand, philosophers enthralled by the awesome powers of the human mind and dismissive of the doctrinal claims of religion in general and of traditional Christianity in particular—but he doesn’t.  Nor, thank goodness, does he turn to the close-minded, militant atheists such as Richard Dawkins (who is mentioned in the book) and Sam Harris.  He instead turns to “the biological evolution of a species and the circumstances that led to its prehistory,” professing that both our altruism and our instinctive, selfish urge to cooperate are explainable by science, which, therefore, is necessarily antecedent to, although participatory with, the humanities.  Wilson’s problem with the humanities seems to be that they retain the residue of theology, which was once the queen of the liberal arts.

Because in Wilson’s view human creativity and collaboration are the inevitable products of the impersonal forces of raw nature, he considers the “task of understanding humanity” to be “too important and too daunting to leave to the humanities.”  He maintains that “the humanities have not achieved nor will they ever achieve a full understanding of the meaning of our species’ existence” if they do not account for the “biological origins of human nature.”  He reasons that, since human nature has biological origins, and since creativity arises through competition and natural selection, we ought to embrace the ideals of the Enlightenment in which the humanities and the sciences were unified enterprises rather than distinct fields of operation.

Wilson blames Romanticism for the divorce of the humanities from science; rather than irreconcilable differences, he sees in this former marriage a powerful synergy that has since grown weak as experts in their respective fields have become hyperspecialized, the division of their labor increasingly alienated from the Big Picture.  The fact of the matter, he submits, is that the “explosive growth of scientific knowledge” has “everything” to do with the humanities, because “[s]cience and technology reveal with increasing precision the place of humanity, here on Earth and beyond in the cosmos as a whole.”

The meaning of human existence according to Wilson is found not in what we have created but in what has created us: a self-perpetuating, unthinking process of biological production shaped by genetic variety and the instinct for survival, not by a benevolent Creator.  The dust jacket informs us that this is Wilson’s “most philosophical work to date.”  But what we have here is a meandering series of essays that display with exceptional style an accretive learning arrayed from scientific theory.  And we also have a man, however gentle and unassuming, making grandiose claims based on mere supposition—not a call to arms but a triumphalist celebration that the war is already over.  Science has won; religion has lost.  Any seeming contradiction between religion and science must, he insists, be resolved in favor of the latter; any potential overlap between the two fields must, he reiterates, be dismissed.  He thinks that religion hinders knowledge, holds us back, and distracts us from real truths by enslaving us to fancy and superstition.  And he’s wrong.

His secular perspective isn’t unique, and it isn’t philosophical, either—at least not without some analytical backing or historical context.  Wilson supplies neither; he submits as fact what is open to interpretation.  When Wilson informs us that there is no God, as if that “reality” were as established as the laws of gravity, he undermines his credibility and throws philosophy out the window.  No need for proofs, second guesses, theological nuances, or even doubt.  His scientific faith in the unprovable—although politely conveyed—is on equal footing with religious faith in the unprovable.  Wilson doesn’t reject faith; he embraces it.  His faith is evident in his speculations that are unsupported by hard data—for example, that “[b]eyond the solar system there is life of some kind” (he admits that he lacks “[d]irect evidence” for this proposition but suggests that the evidence “may come soon, perhaps within a decade or two”), or that “life may have originated somewhere with molecular elements different from those in DNA and energy sources used by organisms on Earth.”  These claims aren’t provable, yet he believes them.  This is faith in the most rudimentary sense.

One would think Wilson would be more cautious after relying for so many years on “kin selection and its extensive inclusive fitness,” only to learn that “inclusive fitness was not just wrong, but fundamentally wrong.”  Wilson nevertheless evinces not even a modicum of doubt regarding the possibility of a Creator.  He seems blithely unconcerned that, having been wrong about one major premise, he might be wrong about another.  What standing should we assign to someone who faces Pascal’s wager and refuses even to hedge a bet in his own favor?  He is either heroically bold or foolishly proud.

His faith is more rudimentary than that he decries in theism, which recognizes an infinite, sovereign God, eternal and unchanging, Who permeates and controls everything and from Whom all material substance derives.  Wilson’s faith comes across as plain hope about what we’ll learn if the sciences can accomplish this or that.  His diversionary hypothetical speculations about extraterrestrial visitors and about how the humanities (to him, “the natural history of culture”) rather than the sciences would help us explain ourselves to these saucer-flying aliens might seem as radical or absurd to Christians as the doctrine of the Trinity or the nature of the Holy Spirit might seem to an atheist like him.  When Wilson states that the “interval between habitable and inhabited may seem like an eternity to the human mind, but it is scarcely a night and a day in the nearly 14-billion-year history of the Milky Way galaxy as a whole,” he doesn’t seem to realize there’s a scriptural equivalent to this dictum: that “one day is with the Lord as a thousand years, and a thousand years as one day.”

Wilson’s hope about the knowledge-creating possibilities enabled by science sometimes collapses into optimistic but unprovable conclusions about what is real or actual; the distinction between what might be known and what is known remains, too often in his book, fuzzy.  He asserts without qualification that,

[i]n time, likely no more than several decades, we will be able to explain the dark matter of the Universe, the origin of life on Earth, and the physical basis of human consciousness during changes of mood and thought.  The invisible is seen, the vanishingly small weighed.

This is pep-rally speak for scientists, and one has to admit, whether he is an atheist or a theist, that such talk is exhilarating.  Who doesn’t want more answers to these vexing elements of our phenomenal existence?  But when the stakes are so high, and the need for resolution and purpose so urgent, should we believe without hesitation a scientist who refuses to doubt his own suppositions, who goes far beyond rejecting the Genesis account of Creation to deny the possibility of any sort of creator altogether?

By the end of Wilson’s argument, readers are left wondering what, exactly, the title of his book refers to.  Wilson can teach us interesting facts—that some ant species enslave other ant species, for instance, or that the warrior ants are really a bunch of old ladies—but he can’t tell us the meaning of human existence because, in his paradigm, there can’t be any beyond the mechanical, chance desire to be altruistic in order to preserve and protect our “nests.”  Therefore, he reduces the meaning of human existence to this:

[I]t is the epic of the species, begun in biological evolution and prehistory, passed into recorded history, and urgently now, day by day, faster and faster into the indefinite future, it is also what we will choose to become.

Our meaning, then, is a sequence of biological accidents aided or offset by our own deliberate choices—and nothing else, nothing at all, according to Wilson.

The mark of a good scientist is curiosity and imagination; when those cease, so do reliable answers to tough questions.  Wilson foregoes any discussion of aseity and fails or refuses to account for how the cosmos could arise out of nothing.  Certainly, there’s the Big Bang, but what caused that?  And what caused the things that caused that?  And why couldn’t there be a God Who created us to evolve?  The fact that this is but a short book is no excuse: If you’re predicating the meaning of human existence on the nonexistence of God, you must at least address or acknowledge the weaknesses of your argument.

Wilson wants to explicate the complex niceties of biology and then, having gained our attention, demands that we take him at his word that God is irrelevant to the meaning of our astounding, sometimes joyous, sometimes agonizing, and always confusing presence on this one small planet in this apparently enormous cosmos.  Follow him at your own risk.

The American Founders and Natural Law Jurisprudence

In America, American History, American Literature, Arts & Letters, Books, Britain, Christianity, Historicism, History, Humanities, Jurisprudence, Law, Laws of Slavery, Liberalism, Literature, Philosophy, Slavery, Southern History, Thomas Jefferson, Western Civilization, Western Philosophy on April 9, 2014 at 8:45 am

Allen 2

The American founders, many of them, validated their political cause and secession from Britain by resorting to natural law theories and paradigms.[i] Thomas Jefferson memorialized these theories and paradigms in the Declaration of Independence.[ii] While studying nature and the physical world, Jefferson extended natural law jurisprudence while revising it to fit the needs and settings of the New World.[iii] Rather than looking to divine or moral prescription to ground his natural law theories, Jefferson looked to nature. He borrowed from Newtonian ideas about the laws of the universe and applied them to the laws of man.[iv] A human law was, by this logic, akin to the law of gravity.

The American insistence on natural law was a reaction to the analytical positivism gaining credence in Britain.[v] This school of jurisprudence found its fullest expression in the utilitarianism of Jeremy Bentham and John Austin. These men treated laws as linguistic constructs: commands that attained the status of law because people followed them, not because they reflected a priori or transcendent rules of the cosmos. American founders such as Jefferson saw natural law as a way to distinguish themselves from their British counterparts and to define what it meant to be American. William Blackstone, one of the few British jurists still clinging to natural law principles,[vi] enjoyed vast success from American purchases of Commentaries on the Laws of England.[vii] The popularity of this treatise in America had to do with Blackstone’s support for ideals that, from the colonials’ perspective, affirmed Revolutionary rhetoric and philosophical principles.[viii] Blackstone died in 1780. His death ushered in the age of positive law jurisprudence in England.[ix]

In America, however, natural law picked up momentum in the wake of the Revolution and American independence.[x] That ideas of natural law flourished during the Enlightenment, especially in America where institutions were supposed to reflect—indeed embody—Enlightenment principles, is curious because the Enlightenment glorified reason and humanism: progressive concepts seemingly incongruous with a moral theory derived from ancient church teachings and philosophical orthodoxies. This disjuncture reveals the extent to which colonials sought to divorce their culture and communities from the British. Á la Blackstone, colonials would go great lengths to “prove” their natural law theories through application of the scientific method and appeals to reason.[xi] Natural law jurisprudence did, in fact, fit within a scientific and rational framework in many important respects. For instance, natural law, like laws of the natural world putatively discoverable by reason, logic, and experiment, were by definition universal. Just as truths about the external world allegedly were deduced through sustained study of specimens and species, so truths about the human condition were, natural theorists argued, deduced through sustained study of human behavior and the history of the races.[xii] In this sense, colonial jurists viewed natural law not as retrograde, superstitious, or religious, but as cutting-edge and scientific. Americans were not alone in their attention to the scientific elements of law. In Western and Central Europe during the mid-to-late eighteenth century, rulers and leaders “sought to rationalize their legal systems, to make law scientific, to extend it in a vernacular language evenly over their territories, and to put an end to the earlier jumble of customs, privileges, and local rights.”[xiii] Save for Blackstone’s efforts, however, this scientific trend did not gain much traction in England.[xiv]

Early Americans, particularly northerners[xv] but also Virginians such as Jefferson and George Mason, celebrated the ideals of natural law and natural rights appearing in the Declaration, but they found those ideals difficult to implement in everyday practice. Although staunchly committed to the principles of natural law, the colonials, at least those with representation or voice in the political sphere, discovered that abstract philosophy did not readily translate into workaday rules and regulations.[xvi] “It was one thing,” submits David Brion Davis, “to state abstract propositions, and quite another to decide how the law applied to a particular case.”[xvii] Above all, the “peculiar institution” of American slavery called into question the Enlightenment values upon which American natural law jurisprudence depended. Cries of freedom and liberty rang hollow once Americans were no longer up against an oppressive British Empire. These cries began to sound hypocritical—if they did not seem so already—as the institution of slavery became a mainstay of the economy of the fledgling nation.[xviii] How could colonists extol freedom, liberty, and equality yet enslave masses of people? This American philosophical “inconsistency pinched harder when slaves began to speak the language of natural rights.”[xix] As Samuel Johnson, the eminent British Tory and man of letters, quipped, “How is it that we hear the loudest yelps for liberty among the drivers of negroes?”[xx]

 

NOTES

[i] “The American Revolution, as it ran its course from 1764 to 1776—from the first beginnings of resistance down to the Declaration of Independence and the creation of new colonial constitutions—was inspired by the doctrines of Natural Law.” Ernest Baker, in Natural Law and the Theory of Society: 1500-1800, ed. Otto Gierke (Cambridge, England: Cambridge University Press, 1934) at I, xlvi. See generally Clarence Manion, “The Natural Law Philosophy of the Founding Fathers,” University of Notre Dame Natural Law Institute Proceedings (Notre Dame, Indiana: University of Notre Dame Press, 1949). See also Raymond Whiting, “The American Interpretation of Natural Law,” A Natural Right to Die: Twenty-Three Centuries of Debate (Westport, CT: Greenwood Press, 2002) 109-118.

[ii] “[T]he argument of the Declaration is a subtle, if ambiguous, blending of empirical historical analysis and the metaphysics of Natural Law. To prove its central contention—that the revolution was made necessary by British policies—the document enumerates twenty-seven specific events in recent history which reveal precisely how Britain acted to establish despotism. […] But the revolutionaries meant to transcend arguments of expediency, for such arguments were always subject to the vicissitudes of opinion and opinion might lead one to conclude that a revolution was in fact unnecessary and therefore unjustifiable. To remove their claims from the arena of opinion and to ground them with certainty, the revolutionaries felt constrained to found the argument for justification on the principle of Natural Rights which was rooted in the theory of Natural Law as applied to politics and society. Thus the grievances enumerated in the Declaration, weighty in themselves for some readers, were for others concrete examples of how one nation attempted to subordinate another to an ‘absolute despotism.’ The grievances, taken together, demonstrated that British policies had violated the fundamental principles of Natural Law itself.” Lester H. Cohen, “The American Revolution and Natural Law Theory,” Journal of the History of Ideas, Vol. 39, No. 3 (1978) at 491-92.

[iii] See generally Allen Mendenhall, “Jefferson’s ‘Laws of Nature’: Newtonian Influence and the Dual Valence of Jurisprudence and Science,” Canadian Journal of Law and Jurisprudence, Vol. 23, No. 2 (2010).

[iv] See generally Mendenhall, “Jefferson’s Laws of Nature.”

[v] See generally David Lieberman, “Mapping criminal law: Blackstone and the categories of English jurisprudence,” in Law, Crime and English Society, 1660-1830, ed. Norma Landau(Cambridge, England: Cambridge University Press, 2002 ) at 159-162. See also David Brion Davis, The Problem of Slavery in the Age of Revolution, 1770-1823 (Ithaca and London: Cornell University Press, 1975) at 343-385. Davis explains this English phenomenon as follows: “In England there was no ‘fundamental shift in values’ that mobilized the society into revolution. There was no counterpart to the American need for self-justification. No new hopes or obligations arose from an attempt to build a virtuous republic. Such phrases as ‘created equal,’ ‘inalienable rights,’ and ‘the pursuit of happiness’—all of which appeared in classic liberal texts—were qualified by a reverent constitutionalism that looked to Saxon precedent to legitimize ideals of freedom. The notion of man’s inherent rights, when assimilated to the historical concept of British ‘liberty,’ implied little challenge to traditional laws and authorities. And by the 1790s the very idea of inherent rights was giving way to radical and conservative forms Utilitarianism.” Davis, The Problem of Slavery in the Age of Revolution at 343.

[vi] In short, Blackstone believed that the common law reflected natural law principles and that any law contradicting natural law was invalid. Consider, e.g., the following quotation: “This law of nature, being co-eval with mankind and dictated by God himself, is of course superior in obligation to any other. It is binding all over the globe, in all countries, and at all times: no human laws are of any validity, if contrary to this; and such of them as are valid derive all their force, and all their authority, mediately or immediately, from this original. […] Upon these two foundations, the law of nature and the law of revelation, depend all human laws; that is to say, no human laws should be suffered to contradict these.” Sir William Blackstone, Commentaries on the Laws of England, Book I at 41-42.

[vii] See Russell Kirk, America’s British Culture (New Brunswick, New Jersey: Transaction Publishers, 1993) 36-40.

[viii] See Albert W. Alschuler, “Rediscovering Blackstone,” 145 University of Pennsylvania L. Rev. (1996) at 4-19. See also David Schultz, “Political Theory and Legal History: Conflicting Depictions of Property in the American Political Founding,” 37 American Journal of Legal History (1993) at 483-486.

[ix] The jurisprudential split between Blackstone and Bentham, while stark, was not as hostile as some first considered: “Until recently Bentham’s claim to have made a sharp break with Blackstone has won wide acceptance, and that fact, combined with Bentham’s ascendancy, was chiefly responsible for consigning Blackstone to obscurity. […] No doubt this outcome resulted in part from Bentham’s mastery of invective, and in part from the fact that the elderly Blackstone did not deign to notice the attacks of an upstart critic, much less reply to them. Even the strongest partisans of Bentham have conceded that much of his criticism directed at Blackstone was misplaced[…]. In spite of Bentham’s efforts, most historians of the relationship have acknowledged that Bentham, despite his implacable hostility, combined relentless criticism with passages of praise that became as famous as some of his barbs.” Richard A. Cosgrove, Scholars of the Law: English Jurisprudence from Blackstone to Hart (New York University Press, 1996) at 52.

[x] See generally George W. Casey, “Natural Rights, Equality, and the Declaration of Independence,” 3 Ave Maria Law Review 45 (2005). See also Philip A. Hamburger, “Natural Rights, Natural Law, and American Constitutions,” 102 Yale Law Journal 907 (1993). See also James Lanshe, “Morality and the Rule of Law in American Jurisprudence,” 11 Rutgers Journal of Law & Religion 1 (2009) at 11-15. See also Kevin F. Ryan, “We Hold These Truths,” 31-WTR Vermont Bar Journal 9 (2005-06) at 11-16.

[xi] “[Blackstone] presented law as a science, a ‘rational science,’ that included an extensive discussion of natural law. To Blackstone, the principles of natural law are universal and superior to positive law, including the common law. […] Natural law, according to Blackstone, is either revealed by God or discoverable through human reason. […] American jurisprudents readily accepted Blackstone’s natural law orientation. […] [N]atural law provided a convenient and useful justification for the adoption of English common law in the various states of the burgeoning nation. Especially in the decades following soon after the Revolutionary War, if the common law had been understood merely as an English institution distinctive to Britain itself, then an American reliance on the common law would have seemed impolitic or even treasonous. If, however, the common law arose from universal principles of the law of nature, which were revealed by God or discovered through human reason, then the common law would be legitimate everywhere, including in America.” Stephen M. Feldman, “From Premodern to Modern American Jurisprudence: The Onset of Positivism,” 50 Vanderbilt Law Review 1387 (1997) at 1396-97.

[xii] Thomas R. R. Cobb, a jurist from Georgia and an expert on slave laws, took pains to show how science validated the idea of slaves as naturally inferior and in need of white supervision. Consider this quote by Cobb: “The history of the negro race then confirms the conclusion to which an inquiry into the negro character had brought us: that a state of bondage, so far from doing violence to the law of his nature, develops and perfects it; and that, in that state, he enjoys the greatest amount of happiness, and arrives at the greatest degree of perfection of which his nature is capable. And, consequently, that negro slaver, as it exists in the United States, is not contrary to the law of nature.” Thomas R. R. Cobb, An Inquiry into the Law of Negro Slavery in the United States of America (Philadelphia: T. & J. W. Johnson & Co., 1858) at 51.

[xiii] Gordon S. Wood, Empire of Liberty: A History of the Early Republic, 1789-1815 (Oxford University Press, 2009) at 403.

[xiv] Ibid. at 403-404.

[xv] “Southerners considered themselves law-abiding and considered northerners lawless. After all, southerners did not assert higher-law doctrines and broad interpretations of the Constitution. Rather, as Charles S. Sydnor has argued, they understood the law in a much different way and professed to see no contradiction between their code of honor, with its appeal to extralegal personal force, and a respect for the law itself.” Eugene Genovese, Roll, Jordan, Roll (New York: Pantheon Books, 1974) at 44.

[xvi] See Gordon S. Wood, Empire of Liberty: A History of the Early Republic, 1789-1815 (Oxford University Press, 2009) at 405-408.

[xvii] David Brion Davis, The Problem of Slavery in the Age of Revolution (Ithaca and London: Cornell University Press, 1975) at 470.

[xviii] See generally David Brion Davis, The Problem of Slavery in Western Culture (Ithaca, New York: Cornell University Press, 1966) at 3-28. For a synthesis of the historical scholarship on this point, see Peter Kolchin, American Slavery, 1619-1877 (New York: Hill and Wang, 1993) at 63-92.

[xix] David Brion Davis, The Problem of Slavery in the Age of Revolution (Ithaca and London: Cornell University Press, 1975) at 276.

[xx] See James Boswell, The Life of Samuel Johnson, LL.D. (New York: George Dearborn, 1833) at 132.

What Crisis? Law as the Marriage of Science and the Humanities

In Academia, Arts & Letters, Humanities, Jurisprudence, Law, Law-and-Literature, Legal Education & Pedagogy, News and Current Events, Oliver Wendell Holmes Jr., Philosophy, Scholarship, The Academy on March 12, 2014 at 8:45 am

Allen 2

This week the Association for the Study of Law, Culture & the Humanities convened to consider this question: “How will law and humanities scholarship fare against the pressure of the science and technology paradigm that has now permeated the institutional frameworks of academia?”  The question implies an adversarial relationship between science and the humanities, or law-and-humanities.  The division between science and the humanities as academic disciplines, however, is not yet 150 years old; it is misguided to pit “law-and-humanities” (a signifier that did not exist a few decades ago) against the “science and technology paradigm that has now permeated the institutional frameworks of academia” (another quotation from the conference program).  We do not have to go back to Plato or Aristotle or Galileo or Descartes or Spinoza or Da Vinci or Locke or Hume or Rousseau or Kant or Newton or Adam Smith or Benjamin Franklin or Thomas Jefferson or Thoreau to see that what we call the humanities has not, traditionally, been divorced from the sciences—that, in fact, the humanities and the sciences are mutually illuminating, not mutually exclusive.

In America, more recently, the classical pragmatists—in particular C.S. Peirce and William James—sought to make philosophy more scientific, and in this endeavor they were mimicking the logical positivists in Britain.  Some of the most famous minds of the 20th century worked at the intersection of the humanities and science: Freud, Einstein, Michael Polanyi, Karl Popper, Jacques Lacan, F. A. Hayek, and Noam Chomsky, to name a few.  Lately we have seen scientific thinkers as wide-ranging as Steven Pinker, E. O. Wilson, Jared Diamond, and Leon Kass celebrate or draw from the humanities.

A review of the conference abstracts suggests that most presenters will be considering this question from the political left, but their concerns are shared by many on the right, such as Roger Scruton, who recently took to the pages of The New Atlantis to address this topic in his article “Scientism in the Arts and Humanities.”  Nevertheless, forcing the separation of science and the humanities does not strike me as prudent.

By encouraging the humanities to recognize its scientific heritage and to recover its scientific methodologies, the academy would be correcting decades of wandering.  Science is indispensable to the humanities, and vice versa; the two work in concert.  The findings in one influence the findings in the other.  Evidence of this reciprocity in the context of legal studies is especially striking in America during the late 19th and early 20th century, when the law often was associated with scientific disciplines rather than with the humanities.  At this time, the theories of Charles Darwin and his progeny helped to explain the common law tradition while influencing the way that law was taught in law schools and examined by judges and most notably by Oliver Wendell Holmes, Jr.

The scientific paradigms in vogue among legal thinkers at the turn of that century were neither uniform nor monolithic.  For instance, Christopher Columbus Langdell’s push to make legal education more scientific was different from Holmes’s use of Darwinism to describe the common law.  Rather than teasing out the distinctions between various scientific approaches to the law during the late 19th and early 20th century America, however, I would look at these scientific approaches as part of the same general project and as a reminder of how the humanities and the sciences can participate to bring about theoretical and practical insights.  It might be that, of all disciplines, law is the most revealing of the participatory nature of science and the humanities and, therefore, provides the best justification for instrumental and scientific approaches to humane studies.

There are groups within the humanities that resent the scientific disciplines for the funding and privilege those disciplines enjoy in the academic marketplace, but at least part of this resentment is misplaced.  The fault lies partially with the scientists who mistake merit for value: it is not that the sciences enjoy more funding and privilege because they have more merit—the academy is not a meritocracy—but it is that they have more value to consumers and the public writ large.  It may well be that the humanities have more merit, but unless consumers begin to value merit, the meritorious will not necessarily prevail in the market.  

Shakespeare, Othello, and Science in America: An Argument I Might Make (If I had the time)

In American History, Arts & Letters, Literary Theory & Criticism, Shakespeare on September 27, 2010 at 2:35 pm

Kris Collins interrogates the mutually affirming racial discourses of the theater and the natural sciences in nineteenth-century America.

“The nineteenth-century scientific community’s fascination with the black body,” Collins explains, “provides a contemporary analytical template for the racialized anxieties expressed in both minstrelsy and mainstage productions of Othello: white America’s struggle to define and defend the whiteness of their own bodies” (88).

Collins focuses on the work of several white Euro-American scientists: George Gliddon, Josiah Nott, Herman Burmeiter, Cesare Lombroso, Samuel G. Morton, and Louis Agassiz. All of these men classify races hierarchically and by taxonomies putatively dependent on racial intelligence. Because of the inherent differences between the races, these scientists argue, the white population should not mingle, sexually or otherwise, with the black population. Collins thoroughly debunks these claims, which she relates to nineteenth-century minstrel performances of Othello that solidify racist significations of the black body.

While the scientists that Collins identifies opined on racial distinction, another scientist, the young Charles Darwin, dissertated on theories of natural selection and evolution. One wonders whether Darwin’s ideas about genetics and heritable traits influenced the late nineteenth- and early twentieth-century stage as much as Collins’s subjects influenced the stage in the preceding era.

More to the point, Herbert Spencer’s appropriations of Darwin—epitomized by the phrase “survival of the fittest”—may have justified and authorized racial divisions at the same time that high brow / low brow and elite / popular distinctions began to congeal. This simultaneous segregation (scientific and socio-cultural) was not so much coincidental as mutually (re)affirming.

Bardification and Shakespeare idolatry proliferated along with scientific discourses suggesting that whites were “better adapted” or “more advanced” than people of color. Shakespearean performances—most notably blackface performances of Othello but also early twentieth-century performances starring African American actors as Othello—gradually and perhaps unwittingly reflected the Spencerian drive to “preserve” the “favored” races.

This argument is the logical extension of Collins’s work; it compels a look at the continued influence of natural science on the next generation of American actors, directors, and theater-goers. Although the display of scientific racism and its corresponding effect on the theater may have changed, the underlying idea of racial superiority remained in place.

For further reading:

Collins, Kris. “White-Washing the Black-a-Moor: Othello, Negro Minstrelsy and Parodies of Blackness. The Journal of American Culture 19.3 (June 2004), pp. 87-101.

Jefferson’s Laws of Nature

In Arts & Letters, Jurisprudence, Law-and-Literature, Literary Theory & Criticism, Politics, Thomas Jefferson on June 29, 2010 at 10:24 pm

My article on Jefferson is going to print this month.  Titled “‘Jefferson’s Laws of Nature’: Newtonian Influence and the Dual Valence of Jurisprudence and Science,” the article will appear in The Canadian Journal of Law and Jurisprudence, Vol. 23, No. 2 (2010).  View the SSRN page here.

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