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Posts Tagged ‘Shakespeare’

The Problem with Legal Education; or, Another Piece About the Aimlessness, Pointlessness, and Groundlessness of Law School

In Arts & Letters, Humanities, Law, Legal Education & Pedagogy, Pedagogy, Teaching, Writing on July 27, 2011 at 2:23 pm

Allen Mendenhall

The latest issue of Academic Questions (Summer 2011: Vol. 24, No. 2) devotes most of its content to legal education.  Published by the National Association of Scholars, Academic Questions often features theme issues and invites scholars from across the disciplines to comment on particular concerns about the professoriate.  (Full disclosure: I am a member of the NAS.)  Carol Iannone, editor at large, titles her introduction to the issue “Law School and Other Tyrannies,” and writes that “[w]hat is happening in the law schools has everything to do with the damage and depredation that we see in the legal system at large.”  She adds that the contributors to this issue “may not agree on all particulars, but they tell us that all is not well, that law school education is outrageously expensive, heavily politicized, and utterly saturated with ‘diversity’ mania.”  What’s more, Iannone submits, law school “fails to provide any grounding in sound legal doctrine, or any moral or ethical basis from which to understand principles of law in debate today.”  These are strong words.  But are they accurate?  I would say yes and no.

Law school education is too expensive, but its costs seem to have risen alongside the costs of university education in general.  Whether any university or postgraduate education should cost what it costs today is another matter altogether.

There is little doubt that law schools are “heavily politicized,” as even a cursory glance at the articles in “specialized” law journals would suggest.  These journals address anything from gender and race to transnational law and human rights.

But how can law be taught without politicizing?  Unlike literature, which does not always immediately implicate politics, law bears a direct relation to politics, or at least to political choices.  The problem is not the political topics of legal scholarship and pedagogy so much as it is the lack of sophistication with which these topics are addressed.  The problem is that many law professors lack a broad historical perspective and are unable to contextualize their interests within the wider university curriculum or against the subtle trends of intellectual history.

In law journals devoted to gender and feminism, or law journals considered left-wing, you will rarely find articles written by individuals with the intelligence or learning of Judith Butler, Camille Paglia, or Eve Sedgwick.  Say what you will about them, these figures are well-read and historically informed.  Their writings and theories go far beyond infantile movement politics and everyday partisan advocacy.    Read the rest of this entry »

Cantor on Greenblatt and Shakespeare

In Arts & Letters, Austrian Economics, Book Reviews, Libertarianism, Literary Theory & Criticism, News and Current Events, Shakespeare on March 13, 2011 at 1:38 pm

Allen Mendenhall

Paul Cantor’s review of Stephen Greenblatt’s Shakespeare’s Freedom appears in this month’s issue of The American Conservative.  Greenblatt’s about-face means that my paper “Shakespeare’s Place in Law & Literature” will be dated upon publication, but that’s okay, because the trend of liberty is more important to me (and to society) than the timeliness of my research.

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.

Shakespeare, Whitman & Emerson

In American History, Arts & Letters, Emerson, Literary Theory & Criticism, Shakespeare, Walt Whitman on August 9, 2010 at 9:55 am

In Repositioning Shakespeare, Thomas Cartelli situates Whitman’s Shakespeare in contradistinction to Emerson’s Shakespeare.

The phrase “Whitman’s Shakespeare” is, in a way, an odd construction because Whitman did not seek to claim “ownership” of Shakespeare so much as he sought an “appropriation and critical transformation” of Shakespeare (32).  Cartelli submits, in fact, that Whitman “brought a contentiously critical approach to bear on his assessments of Shakespeare” (30).

Although Cartelli pays lip-service to Emerson’s ambivalence about Shakespeare, he concludes that Emerson transformed the Bard of Avon “into a virtual founding father” by attempting “an act of wishful appropriation in which the (literary) model that cannot be superseded is annexed by the (political) model that supersedes” (33).

Cartelli thus seems convinced that Shakespeare shaped Whitman’s and Emerson’s thought, but he seems unsettled about how and why.

Read the rest of this entry »

Shakespeare and Forster

In Arts & Letters, E.M. Forster, Law-and-Literature, Legal Education & Pedagogy, Literary Theory & Criticism, Shakespeare on June 17, 2010 at 3:35 pm

On SSRN, I’ve posted abstracts for articles on E.M. Forster and William Shakespeare.  The Forster abstract is available here. The Shakespeare abstract is available here.

Shakespeare Authorship Debate, Justice Stevens’s Retirement

In Arts & Letters, Book Reviews, Law-and-Literature, Literary Theory & Criticism, Shakespeare, The Supreme Court on April 29, 2010 at 5:44 pm

This article, or review, appeared in the Times Literary Supplement last week.  Charles Nicholl, the author, addresses the continuing Shakespeare authorship debate.  Justice Stevens, who recently announced his retirement, has rendered his own opinion on the matter.  Will Shakespeare become part of Stevens’s legacy?