October 11, 2010

HISTORY, ECONOMICS, EMPIRES, POLITICS AND LAW

Anderson, Jervis, Bayard Rustin: Troubles I've Seen: A Biography (New York: HarperCollins, 1997) ('The major aspect of the struggle within is determined without. If one gets out and begins to defends one's rights and the rights of others, spiritual growth takes place. One becomes in the process of doing, in the purifying process of action. The proof that one truly believes is in action.' Bayard Rustin).

Bacevich, Andrew J., Washington Rules: America's Path to Permanent War (New York: Metropolitan Books, 2010) ("Worldly ambition inhibits true learning. Ask me. I know. A young man in a hurry is nearly uneducable: He knows what he wants and where he's headed; when it comes to looking back or entertaining heretical thoughts, he has neither the time not the inclination. All that counts is that he is going somewhere. Only as ambition wanes does education become a possibility" Id. at 1. "George W. Bush's decision to launch Operation Iraqi Freedom in 2003 pushed me fully into opposition. Claims that once seemed elementary--above all, claims relating to the essentially benign purposes of American power--now appeared preposterous. The contradictions that found an ostensibly peace-loving nation committing itself to a doctrine of preventive war became too great to ignore. The folly and hubris of the policy makers who heedlessly thrust the nation into an ill-defined and open-ended 'global war on terror' without the foggiest notion of what victory would look like, how it would be won, and what it might cost approached standards hitherto achieved only by slightly mad German warlords. During the era of containment, the United States had at least maintained the pretense of a principled strategy; now, the last vestiges of principle gave way to fantasy and opportunism. With that, the worldview to which I had adhered as a young adult and carried into into middle age dissolved completely." Id. at 10-11. "[The] postwar tradition combines components, each one so deeply embedded in the American collective consciousness as to have all by disappeared from view." "The first component specifies norms according to which the international order ought to work and charges the United States with responsibility for enforcing these norms. Call this the American credo. . . ." Id. at 12. "The abiding signature of American military power since World War II has been of a different order altogether. The United States has not specialized in any particular type of war. It has not adhered to a fixed tactical style. No single service or weapon has enjoyed consistent favor. At times, the armed forces have relied on citizen-soldiers to fill their ranks; at other times, long-service professionals. Yet an examination of the past sixty years of U.S military policy and practices does reveal important elements of continuity. Call the the sacred trinity: an abiding conviction that the minimum essentials of international peace and order require the United States to maintain a global military presence, to configure its forces for global power projection, and to counter existing or anticipated threats by relying on a policy of global interventionism." Id. at 14. "Together, credo and trinity--the one defining purpose, the other practice--constitutes the essence of the way that Washington has attempted to govern and police the American Century. The relationship between the two is symbiotic. The trinity lends plausibility to the credo's vast claims. For its part, the credo justifies the trinity's vast requirements and exertions. Together they provide the basis for an enduring consensus that imparts a consistency to U.S. policy regardless of which political party may hold the upper hand or who may be occupying the White House. From the era of Harry Truman to the age of Barack Obama, that consensus has remained intact. It defines the rules to which Washington adheres; it determines the precepts by which Washington rules." Id. at 14-15. Also see Gary J. Bass, "Endless War," NYT Book Review, Sunday, 9/5/2010.).

Beinart, Peter, The Icarus Syndrome: A History of American Hubris (New York: Harper, 2010) (From the book jacket: ". . . Peter Beinart tells a tale as old as the Greeks--a story about the seduction of success. Beinart describes Washington on the eve of World War I, Vietnam, and Iraq: three moments when American leaders decided they could remake the world in their image. Each time, leading intellectuals declared that history was over, and the spread of democracy inevitable. Each time, a president held the nation in the palm of his hand. And each time, a war conceived in arrogance brought untold tragedy." "So where does ambition end and hubris begin? There's no formula for answering that. In fact, the belief that you've discovered a formula that works in all situations is itself a sign that you've crossed the line. To some degree, foreign policy is all about deciding in which direction you'd rather be wrong. Are you so intent on making sure America doesn't fly too high that you oppose not only invading Iraq, but saving Kuwait? Are you so determined to avoid flying too low that you support not merely World War II but Vietnam? Barely anyone will be right every time, because the gods don't speak to us. Or, as Warren Buffett has said about investing in a bull market, it's like Cinderella at the ball. She knows that if she stays too late her chariot will turn into a pumpkin and her gown will turn to rags. But she doesn't want to leave too early and miss meeting Prince Charming. The problem is that there are no clocks on the wall." Beinart's discussion of several types of American hubris--'the hubris of reason,' 'the hubris of toughness,' and 'the hubris of dominance'--are analytically helpful. Id. at 6. See George Packer's review, "Air America," The New Yorker, 6/28/2010; as well as Leslie H. Gelb, "In Our Image," NYT Book Review, Sunday, 6/13/2010.).

Bunker, Nick, Making Haste From Babylon: The Mayflower Pilgrims and Their World: A New History (New York: Knopf, 2010) ("On both sides of the Atlantic we have come to look upon the Mayflower, its voyage, and what followed as an entirely American story. We think of it simply in the light of what happened later, in the vast space between Quebec and California, making it solely a matter of American concern. This is an illusion: not a very damaging illusion, as illusions go, but an illusion nonetheless. The truth is that after the Pilgrims landed in America, on or near the boulder called Plymouth Rock, events on the western side of the Atlantic unfolded in intricate counterpoint with those taking place on the old side of the same ocean." "If we allow this dual narrative to run its course, before and after the Mayflower, then suddenly the picture changes. In high relief, we see the contours off a new map of the origins of Puritan America. As for the Pilgrims themselves, we discover that they were not quite the people we thought they were. 'America' did not exist in 1620, and the Pilgrims were never Americans, but neither were they 'English' in any simple. modern definition of the word." Id. at 20. Also see Russell Shorto, "Founding Entrepreneurs," NYT Book Review, Sunday, 5/23/1010.).

Brands, H.W., American Dreams: The United States Since 1945 (New York: The Penguin Press, 2010) ("Americans have been dreaming since our national birth. We dreamed of liberty, equality, and happiness. We dreamed of prosperity for ourselves and our children. We dreamed we would save our souls and save the world. We didn't all dream the same dream, or at the same time, for the American dream included the right of the individual dreamers to design their own. The dreams weren't always sunny and hopeful; some were darkly forbidding. But they all drew America consistently forward, enticing us toward the horizon of the future." "Never were America's dreams more potent and beguiling than at the end of World War II. . . ." "But the dreams began to waver and lose focus almost at once. . . ." Yet the dreaming persisted. If anything, there was more dreaming than ever. . . . Americans in 2010 were collectively less confident than their grandparents had been in 1945 that reality would favor their dreams; the world was catching up to America, and the bill for all the previous dreaming was coming due. But the moral foundation of America's dreams had always been the right to dream, and Americans weren't about to surrender that." Id. at ix-x. The line separating a mere dream from a nightmare is a very dull line. "If anything epitomized the waning of America's economic supremacy, it was the gas lines and lower speed limit. Gas shortages were unAmerican, something people in other countries endured but not citizen of the United States. And Americans were used to being in a hurry and driving fast. The shortages didn't persist; the Arab producers lifted their embargo in March 1974, and the lines and rationing disappeared. But the new structure of supply and demand remained, and so did the high price and lower speed limits." Id. at 196. "If [the Baby Boomers] reflected on their place in history . . . they might have noticed an odd inversion in the nature of American dreams during their lifetimes. The dreams of 1945 had collectively ambitious but individually modest; those of 2010 were collectively modest but individual ambitious. Collectively, the country in 2010 seemed troubled in several fronts, and its dreams were curtailed commensurately. The nation that had put sixteen million soldiers in the field during World War II now had difficulty finding a few hundred thousand to garrison Iraq and Afghanistan. The economic dynamo that had dictated to the global economy at Bretton Woods now labored under a debt that left the dollar at the mercy of central bankers in China and Japan. Proud industrial cities like Pittsburgh, Detroit, and Buffalo, whose factories had rescued democracy during the war, rebuilt Europe afterward, and made middle-class dreams of fifty million families possible, had become pale shadows of their former selves. The political system that had designed a Great Society, one to make America the envy of the world, agonized over guaranteeing medical care that much of the rest of the world had long taken for granted. Bretton Woods, the Marshall Plan, the Great Society--those were dreams of another age; the nation in 2010 could aspire to nothing grand." "And yet Americans individually often dreamed more ambitiously than at any time in the country's past. . . . " "All of which suggested that the heart of America's dream was the act of dreaming itself. . . ." Id. at 383-384. Perhaps we should just attach ourselves to a collective dream machine so we can collectively dream that the end of the American Dream is now as nears as it appears.).

Burbank, Jane & Frederick Cooper, Empires in World History: Power and the Politics of Difference (Princeton & Oxford: Princeton U. Press, 2010) ("Indians' mixed, adaptable economies came under siege when Europeans arrived. Euro-Americans farming was a profoundly territorial operation, much more so than the economy of the Eurasian steppe. Settlers plowed the same field year after year, where Indians had rotated their planted lands. Settlers cut down trees to extend cultivated areas as the soil was depleted; they brought with them domesticated animals that ate up grasses deer and elk had fed on. Both Europeans and Indians overhunted fur-bearing animals to meet the lucrative demands of world markets. These practices profoundly disrupted the ecological balances that Indians had previously both exploited and preserved." "At the end of the Seven Years' War, European inhabitants of the areas won from the French were absorbed as subjects into the British polity even though most were Catholic; Indians in these regions, on the other hand, did not acquire the status of subject but were proclaimed to be under the king's 'protection.' Indians did not have the same rights to land as anyone else: they had a claim to use it. West of a line crossing the Appalachian Mountains, adjusted several times, Indians could transfer land only to the government--which reserved to itself the right to allow or disallow settlement and sale to European farmers. Allegedly protecting the Indians against settler encroachment, the 1763 settlement defined Indians outside of a society and polity in which ownership of property and the right to dispose of it were central." Id. at 257-258. "The United States became united in part out of fear of other empires. The new polity declared equality as its foundation but did not extend it to all on the territories it claimed and conquered. American empire destroyed and marginalized indigenous communities and could not resolve the tensions between 'slaves' and 'free' states short of civil war. Well into the twentieth century, the republic kept native Americans outside the polity and failed to establish equal rights for descendants of slaves. The strong sense of moral community in American ideology allowed a huge empire that spread across a continent and eventually overseas to play own its imperial history an conceive of itself as a single large nation, divided into federated states that has a measure of self-rule but were equivalent to one another." Id. at 447-448. From the book jacket: "Empires--vast states of territories and peoples united by force and ambition--have dominated the political landscape for more than two millennia. Empires in World History departs from conventional European and nation-centered perspectives to take a remarkable look at how empires relied on diversity to shape the global order. Beginning with ancient Rome and China and continuing across Asia, Europe, the America, and Africa, Jane Burbank and Frederick Cooper examine empires' conquest, rivalries, and strategies of domination--with an emphasis on how empires accommodated, created, and manipulated differences among populations." For a collective review of Empires in World History, Empire for Liberty (Immerman title below), and The Rule of Empires (Parson title below), see Charles S. Maier's review essay, "Empire Without End: Imperial Achievements and Ideologies," Foreign Affairs, Volume 89 No. 4 (July August 2010), at 153-159.).

Carey, Peter, Parrot and Olivier in America: A Novel (New York: Knopf, 2010) ("Alas, a lawyer next stepped up to delver a harangue, and thus the great day turned to farce as The Great Bore of Albany was obliged to mention every single country in the history of the world. Thus he evoked everything boastful, uncertain, uncultured, and boorish that might mark the ascent of the majority [i.e., the ascent of democracy]. If he had an idea--and I suppose we must admit he did--it was that all countries are coming back or will return to liberty. How could I not compare the fool with the great Guizot. How might I not, against my own emotional resistance, recall the wit of learning of Paris, and when the speaker--in order to impress the crowd with the greatness of America--referred to me, the French commissioner, as some sort of proof of his nation's prestige, I was as ashamed of myself as I was revolted by his presumption. " "I had come to Albany as a convert to an altar of liberty, yearning for my perfect union with its great historic soul. I had believed it might be possible to live my life completely careless of how democracy might harm me. I aspired to become one of the rivulets--nay, streams--that make the river of people roar, to lend my gifts and privileges to the highest idea of civilization the world had ever seen. When I had stood at Godefroy's side and heard the Declaration [of Independence] read, my heart had raced, hair raised on my neck." "But then the awful lawyer. I had entered the church a covert. I emerged as the son of the Contesse de Garmont" [i.e., as an aristocrat]. [] "I had become a corrupted actor, a kind of cad. I placed my hand at Godefroy's back and shouted that the scene was charming. My breath was very difficult. . . . These people, I reminded myself, are the heroes of the world. They have not yet finished what they will achieve. And I am with them, of their number, aroused to feel their shoulders touch my own. What makes a democracy bearable? I asked myself, wondering if I had sufficient ink left in my bottle for my evening's work." Id. at 350-351. Also see Thomas Mallon, "Tocqueville: The Novel," NYT Book Review, Sunday, 4/18/2010.).

Cumings, Bruce, North Korea, Another Country (New York & London: The New Press, 2004) ("In this slim volume I have tried to write for the reader who wishes to learn about our eternal Korean enemy. The experience of recent years, however, make me wonder if Americans can ever transcend their own experience and join a world of profound difference. When all your truths are self-evident and when the fondest hope of foreigners from Azerbaijan to Zimbabwe is to become a citizen of your country, it is difficult to understand that not everyone in the world wants to be an American. Our history is one of launching out on missions to transform the world--in the contemporary case, 'to rid the world of evil'--followed by inevitably chastened returns to a continental homeland that is fundamentally sufficient unto itself. The commanding interpretation of this back-and-forth phenomenon is Louis Hartz's classic, The Liberal Tradition in America. At the end of the book he hoped--it was only hope--that Americans would find that 'spark of philosophy' enabling them to live comfortably with a world very different from American imaginings." Id. at x-xi. "David Theo Goldberg locates contemporary racism, after the end of formal racist institutions such as slavery or Jim Crow segregation, in an Anglo-Saxon liberalism that is 'self-conscious in its idealization of acceptable social conditions' (truths that are self-evident, norms of democracy, rule of law, neoliberalism), leading to a denial of the possibility of 'Otherness'--who can possibly disagree with these ideals, or reject democracy and the market--or, at best, a mere tolerance of the Other (who has yet to learn the self-evident truths). Accusations of racism by people of color are thus seen as 'irrational appeals to irrelevant categories,' because they implicitly delimit liberal universalism, and invalidate its claims of plurality and openness. Power shows itself in the dual liberal practice of naming (all Koreans are. . . . ) and evaluating (the degree to which Koreans fall short of idealized liberal categories). Liberalism will then 'furnish the grounds of the Other's modification and modernization, establishing what will launch the Other from the long dark night of its prehistory into civilized time." Id. at 204 (citing David Theo Goldberg, Racist Culture: Philosophy and the Politics of Meaning (Cambridge, Mass.: Blackwell, 1993), 6-7.). "When Attorney General John Ashcroft spoke at the annual gathering of global elites in Davos, Switzerland, he reacted to accusations of racial profiling of Muslims in his Justice Department by saying that he does not distinguish people according to their race, but according to their values. It is a perfect illustration of Goldberg's point: I am not a racist, I accept all people who value the same things I do. I am incapable of discrimination unless we are talking about people who do not value modern liberalism. Martin Luther King wanted blacks to be judged by the content of their character, not the color of their skin, but character, for him, did not originate from a single mold." Id. at 204.).

Davies, Howard & David Green, Banking on the Future: The Fall and Rise of Central Banking (Princeton & Oxford: Princeton U. Press, 2010) (Purports to be an insiders' look into the role of central banks, but may only be providing a high-quality synthesis of what thoughtful readers would gather from the financial pages of the New York Times, The Wall Street Journal, The Economists, etc., over the last two years. From an American perspective, however, it does underscore, quite unintentionally, that the United States may be still one of the largest dog pulling the sled of global finances, but it is no longer the lead dog really. We cannot lead if we have no new ideas. And we are unlikely to have new ideas if ideas are not something we as a nation, as a people, value. With the corporatization of education, done expect colleges and universities to be incubators of ideas. The American Century is a fading memory. Get yourselves use to it!).

Dower, John W., Cultures of War: Pearl Harbor, Hiroshima, 9-11, Iraq (New York & London: Norton/The New Press, 2010) ("It is human nature to judge others by their deeds and ourselves by our words or professed ideals; or, at least, to sift through our deeds and romanticize them." Id. at 309. "Faith-based thinking excludes whole worlds from close examination. Truly critical appraisal of one's own assumptions and acts is beyond the pale. At the same time, the circumstances, attitudes, and capabilities of others are given short shrift. This seems counterintuitive where policy making affecting war and peace is concerned, since the essence of strategic planning presumably is to know the enemy while also knowing and acknowledging one's own flaws and vulnerabilities. In practice this is accomplished imperfectly." Id at 440."Fundamentally, terror is the state of mind both terrorists and high-tech strategic planner seek to create in the collective consciousness of their adversaries, demoralizing masses and prompting leaders to change their policies. 'Shock and awe' is not just the catchphrase for a lesson strategists in Washington drew from Hiroshima and Nagasaki and incorporated in the 'revolution in military affairs' that became the idee fixe of Rumsfeld's Pentagon. It is also a practical weapon of the weak. The Japanese played at this when they attempted to deter the U.S. advance in their homeland by adopting the suicidal policies of the kamikaze and no-surrender defense of island redoubts. The objective was to unnerve U.S. forces and shock the U.S. leadership into some form of negotiated peace settlement short of unconditional surrender. Although this ultimately backfired, the fear these tactics instilled among the fighting force that had to confront them was enormous." "September 11, by contrast, was a stunningly successful exercise in psychological warfare at an almost incomparably lower level of violence. Americans almost literally lived in terror through the remaining seven-plus years of the Bush presidency, and their government and way of life became altered for the worse. This objective of disorienting and unsettling the enemy through a signal act of destruction is the import of the disregarded pre-9-11 warnings that A Qaeda was planning a 'Hiroshima' in the United States. As it turned out, it was not the terrorists but rather the planners in Washington--who seized on the same examples of Hiroshima and Nagasaki to elevate 'shock and awe' to the level of doctrine, and predicted that this would shock Iraq and the Iraqi people into complaisant 'regime change'--who turned out to be dreaming." Id. at 300. On the lack of critical thinking: "Researchers accustomed to sifting through the old-fashioned typescript and carbon-copy documents of the World War II era encounter a conspicuous time warp when it comes to the fragmentary accessible documents of planning 'regime change' in Iraq. There are indeed cogent reports and papers. There is also an addiction to 'bullet point' list making that reflect both the technical advances of a PowerPoint age and the scattershot thinking that too often accompanies this, confusing inventories of discrete 'points' and queries with careful deliberation and clear conclusions. Lists, memos, working papers, and endless rounds of PowerPoint and slide presentations do not in themselves constitute coherent policy formulation. Nor do 'plans' approved at high levels that in practice are ambiguous and even internally contradictory . . . . While the planning for combat operations was meticulous, the attention devoted to operational preparation for post-combat stabilization and reconstruction rarely went beyond the bullet-point level." Id. at 344-345.).

Ferguson, Niall, High Financier: The Lives and Time of Siegmund Warburg (New York: The Penguin Group, 2010) ("A lifelong immersion in late nineteenth- and early twentieth-century German literature is not likely to make a man an optimist. 'I have been inclined towards pessimism throughout most of my life and especially since 1930,' Warburg once admitted. 'My attitude towards my various activities has been and continue to be based on the assumption that - with extremely few exceptions - matters will not go in accordance with [the] programme and that an unfavourable or unreasonable outcome is more likely than the other way round . . . accompanied on a less conscious level by some irrational hope to the effect that things may not turn out quite as badly as my rational considerations anticipate.' But Warburg's pessimism was not so much a reflection of cultural despair as a hedge against disappointment. In times of crisis, he wrote in 1942, 'the pessimist comes into his own': 'Others varying from the normally confident to the criminally complacent, are shaken, gloomy, and depressed. We who are habitually apprehensive are only a little more so now and, in comparison both to the other now to ourselves in other times, seem almost optimistic. We haven't so far to fall and, therefore, do not get bruised.' Warburg's working assumption was always that Western civilization was doomed to be swept away. . . " Id. at 407. Also see the reviews, "Taking the Long View: Siegmund Warburg," The Economist, June 26th 2010, at 87; and Liaquat Ahamed, "Yesterday's Banker," NYT Book Review, Sunday, 8/1/2010.).

Friedman, Milton and Anna Jacobson Schwartz, A Monetary History of the United States 1867-1960 (National Bureau of Economic Research) (Princeton: Princeton U. Press, 1965) ("True, also, it is often impossible and always difficult to identify accurately the effects of the actions of the monetary authorities. Their actions are taken amidst many other circumstances, and it may not be at all clear whether their actions or some other circumstances produced the results observed. This is equally true of the experiments of physical scientists. No experiment is completely controlled, and most experiments add little to tested and confirmed knowledge about the subject of experiment. It is the rare crucial experiment that throws a flood of light on its subject--a light that blinds us to many less important experiments that were necessary before the one crucial experiment could be made." Id. at 688.).

Hanson, Victor Davis, The Father of Us All: War and History, Ancient and Modern (New York, Berlin & London: Bloomsbury Press, 2010) ("Two themes resonate throughout the book: the unchanging face of war and the tragic nature of its persistence over the ages. Despite the purported novelty of today's so-called war on terror, and the public furor and controversies that arose over the wars of this new millennium, conflict in the resent age still remains understandable to us through careful study of the past." Id. at xi. "To sum up the Hellenic view of war and the lessons we may earn from the Greeks: Conflict is omnipresent. It is often irrational in nature and more a result of strong emotions than of material needs. Preparedness is more a deterrent than is empathy, understanding, or demonstrations of good intentions. War is sometimes won or lost as much by confidence in one's culture as by military assets themselves. It is often not a question of a choice between good or bad but between bad or worse. And war should be judged moral or immoral by the circumstances in which it breaks out and the conditions under which it is waged, rather than by the fact that violence is employed." Id. at 48-49. "The entrepreneurial genius of Silicon Valley and its epigones, coupled with the engineering and technological savvy of our universities, has ensured space-age weaponry far in advance of anything seen abroad. But the very temptation to constantly evolve and improve this technology has meant that we are now caught in the position of having ever fewer near-perfect arms rather than a plethora of very good weapons that will do. Given the horrors of 1941-43, when prewar disarmament ensured that thousands of American soldiers were killed in substandard tanks and planes, and given American chauvinism that we must be 'best' in the world in terms of our weaponry's performance, it is even harder for war planners to adopt a 'good enough' attitude that would accept munitions far better than those available to our enemies, but not as good as the United States in theory could design and produce, albeit in smaller numbers." "Americans apparently cannot fathom the idea that a ragtag bearded jihadist, without formal education and burdened by seventh-century cultural prejudices, is often in fact an adroit strategic thinker, with an uncanny understanding of American national character, both our strengths and fallibilities. He rightly senses that a roadside bomb and a propane tank can not only take out a four-million-dollar tank but also, more important, cause a level of frustration and demoralization even greater than the material loss. To resolve this paradox of cost and protection, planners will have to find a way to make more weapons more cheaply, while at the same time reducing the requirement for more manpower--and the concurrent rising risk of greater exposure to death and dismemberment. And yet, as we have seen in prior chapters, there is no substitute for manpower on the ground, despite the killing power of new high-tech weaponry." Id. at 151-152. A short, worthy read.).

Immerman, Richard H., Empires for Liberty: A History of American Imperialism from Benjamin Franklin to Paul Wolfowitz (Princeton & Oxford: Princeton U. Press, 2010) ("In many respects America, highlighted by the centrality of liberty to its political culture, is exceptional. For that reason the role that Americans' sense of exceptionalism has played in subverting the concept of Empire for Liberty is all the more tragic. Both the architects and supporters of the growth of American empire held that by expanding U.S. territory, influence, and control Americans brought greater liberty to others even as they protected and increased their own. But therein lay an inherent contradiction. If Americans were exceptional, only they could fully appreciate liberty's blessings, constructively contribute to and participate in liberal institutions of government, and recognize that with liberty came responsibility. Non-Americans, whether because of race, religion, 'national character,' or similar attributes, could not. Hence American campaigns to spread liberty inexorably generated conflict with peoples who were insufficiently 'exceptional.' They had to be conquered, subjugated, or worse. An American Empire for liberty became something of an oxymoron." "Until the Global War on Terror, most Americans did not see this tension between America's empire and its commitment to liberty. Most Americans were inner-directed, and focused on pursuing their own lives, livelihoods, and liberties. Unless directly affected, they paid scant attention to external affairs, defined as external to their particular and often parochial circumstances and interest. . . ." Id. at 233.).

Johnson, Chalmers, Dismantling the Empire: America's Last Best Hope (New York: Metropolitan Books, 2010) ("As a form of government, imperialism does not seek or require the consent of the governed. It is a pure form of tyranny. The American attempt to combine domestic democracy with such tyrannical control over foreigners is hopelessly contradictory and hypocritical. A country can be democratic or it can be imperialistic, but it cannot be both." Id. at 34. "There is something absurd and inherently false about one country trying to impose its system of government or its economic institutions on another. Such an enterprise amounts to a dictionary definition of imperialism. When what's at issue is 'democracy,' you have the fallacy of using the end to justify the means (making war on those to be democratized), and in the process the leaders of the missionary country are invariably infected with the sins of hubris, racism, and arrogance." Id. at 52. "We Americans have never outgrown the narcissistic notion that the rest of the world wants (or should want) to emulate us." Id at 53. "The world's top military spenders and the approximate amounts each country currently budgets for its military establishment are:" United States (FY08 budget), $623 billion); China (2004), $65 billion; Russia, $50 billion; France (2005), $45 billion; United Kingdom, $42.8 billion; Japan (2007), $41.75 billion; Germany (2003), $35.1 billion; Italy (2003), $28.2 billion; South Korea (2003), $21.1 billion; and India (2005 est.), 19 billion. "World total military expenditures (2004 est.), $1,100 billion . . . . World total (minus the United States), $500 billion." Id. at 140-141.).

Kagan, Robert A., Adversarial Legalism: The American Way of Law (Cambridge, Ma. & London, England, Harvard U. Press, 2001) (" '[A]dversarial legalism'--a method of policymaking and dispute resolution with two salient characteristics. The first is formal legal contestation--competing interests and disputants readily invoke legal rights, duties, and procedural requirements, back by recourse to formal law enforcement, strong legal penalties, litigation, and/or judicial review. The second is litigation activism--a style of legal contestation in which the assertion of claims, the search for controlling legal arguments, and the gathering and submission of evidence are dominated not by judges or government officials but by disputing parties or interests, acting primarily through lawyers. Organizationally, adversarial legalism typically is associated with and is embedded in decisonmaking institutions in which authority is fragmented and in which hierarchical control is relatively weak." Id. at 9.).

Manne, Henry G., The Collected Works of Henry G. Manne, Volume 1: The Economics of Corporations and Corporate Law with a general introduction by Fred S. McChesney, and edited with an introduction by Henry N. Butler (Indianapolis: Liberty Fund, 2009) (I am critical of the the tendency in certain corners of the various 'law and economics' approaches to suggest that all (or most) problems in law may be completely understood and, eventually, resolved by appeal exclusively to economics and markets. Economics is certainly a very powerful and useful tool/language for helping clarifying and analyzing issues, and for eliminating suggested solutions which simply will not work. Yet, economics will provide the complete and satisfactory answers to only a very few of the questions and problems addressed by law. The shortcoming is the shortcoming of 'true believers': thinking a particular way is 'THE WAY.' That said, no one can seriously deny the importance of Henry Manne's body of work to legal analysis. Law students interested in corporate law (including mergers and acquisitions, corporate governance, securities regulations, etc.) should make themselves familiar with Manne's body of work. From the Manne's article, "Current Views on the 'Modern Corporation", reprinted in this volume: "It may be a gross exaggeration, but it would seem that the single weakest factor in the current intellectual development of a corporate philosophy is the lack of a coherent theory of how corporations should work when they have grown large. And to gain this understanding, it is necessary to learn something of the pressures and forces which have really molded the form as we know it today. . . . It is not enough to say, as Berle did, that the course of corporation legal history has been simply a steady decline in control over corporate powers and management prerogatives. We need to know why that decline took place and what felt need was being answered by each change in the rules. A 'bad man' theory of history is never very satisfying and most often misleading. The need is for a consistent theory of legal and economic history which can give a framework to such a study. Then we will be in a position at least to describe the modern institution, to see its weaknesses and correct them." Id. at 22, 58.).

Manne, Henry G., The Collected Works of Henry G. Manne, Volume 2: Insider Trading edited with an introduction by Stephen M. Bainbridge (Indianapolis: Liberty Fund, 2009) ("The fundamental approach of lawyers to issues . . . is quite different from that of economists. The lawyers' approach to most questions reflects the centuries-old tradition of viewing problems in the context of a case or lawsuit, the arena for settling disputes between two live human beings. Indeed , much of the common law (which is most of American law prior to the twentieth century) is the formalization of rules governing individuals in their personal relationships. Perhaps the only important exceptions to this statement in the common law are the archaic rules of real property and the uniquely developed commercial law." "Thus when lawyers, judges, and law professors are faced with issues of broad social or economic consequences, their tendency is to approach the subject with relationships between specific individuals in mind. Their acceptance or rejection of a practice will reflect notion of the fairness of the transaction simply from the point of view of the two individuals involved. It is not difficult to see why lawyers have generally concluded that there is something unfair (primarily in the sense of 'unequal') about insiders with undisclosed good news buying shares from existing shareholders." "Economists think with a different tradition behind them. Theirs is perhaps most scientific of the social sciences. Here the word scientific must connote objectivity and moral detachment, as well as systematic verification of results. Economists tend to view any controversy as reflecting a platonic, ideal conflict. The question for an economist is rarely one of the mutual fairness of a transaction between individual parties, He is not a specialist in matters of individual morality. Fairness ordinarily connotes to economists the propriety of allocation of resources or income among large, distinguishable bodies or groups of individuals. The the economist individuals are a fungible commodity, each substitutable for another. The economist, viewing the issue of insider trading, will ask how all shareholders are affected financially by the practice whether it results in a desirable allocation of resources, and whether the return to insiders reflects a competitive or a monopoly gain." Id. at 10-11. That is, here, a telling, yet misleading characterization of how both lawyers and economists think. Yes, practicing lawyers (and, even here, mainly litigators) and judges think in terms of disputes between specific individuals because, guess what, there is a specific dispute between specific individuals to be resolved. Manne is implicitly referring to lawyers in their capacity as 'attorneys,' i.e., lawyers who are in specific representing representing clients, the courts, etc. In that capacity lawyers-as-attorneys are less engaged in the broader, and perhaps grander, questions of the nature and role of law in society. Yet, lawyers who seriously reflective on legal rules (e.g., the more intellectually inclined of judges, lawyers and law professors), rather than merely applying those rules mechanically, actively contemplate the consequences of actual, alternative, or proposed legal rules as such rules would apply to specific actual disputes, but also to merely hypothetical disputes. That is, any serious minded lawyer, judge, law professor, or law student, engages in an exploration of the contours of a legal rule. They are not being engaged in first-order legal analysis, but second- and third order meta-legal analysis, assessing the rules themselves and the nature of legal rules. Manne's assertion, "Thus when lawyers, judges, and law professors are faced with issues of broad social or economic consequences, their tendency is to approach the subject with relationships between specific individuals in mind," is misleading, if not simply false when generalized. Thinking critically about legal rules goes beyond thinking about how particular rules, statutes, judicial opinions, etc., impact the parties to a particular dispute (or assessing whether the outcome is fair as between those parties). Thinking critically about legal rules requires thinking about the broader implications of those rules, individually and collectively, on all potential disputants and on society as a whole. That is, does the rule tend to promote justice or not. As to "[e]conomists tend[ing] to view any controversy as reflecting a platonic, ideal conflict," is a practice more honored in its breach. Though it is true that economists tend to think of "individuals [as] a fungible commodity, each substitutable for another." Manne is correct on another point, however. From the essay, "Insider Trading and Law Professors": "If [law professors] have a single great responsibility beyond teaching it is to be loyal, competent, and objective critics of the establishment. Political partisanship is more destructive of honest academic endeavor than is everything else." Id. at 309, 311.).

Manne, Henry G., The Collected Works of Henry G. Manne, Volume 3: Liberty and Freedom in the Economic Ordering of Society edited with an introduction by Jonathan R. Macey (Indianapolis: Liberty Fund, 2009) (From the essay, "The Political Economy of Modern Universities": "There were significant educational effects that flowed directly from the introduction on a large scale of political forces into the world of higher education. Though the children of wealthier parents gained the advantage of this subsidized education, it was also true that there ceased to be any guiding purpose for these institutions. Especially with the constitutional inhibitions on religious training, the goal of state-operated universities became a matter of considerable uncertainty. We know, of course that the traditional liberal arts education survived in considerable measure. More important, as schools came to thought of as places where one learned a vocation, political pressures pushed schools toward the more 'practical' programs, ones designed to help students earn a living. Even today [that is, 1973], the tradition of humane letters and liberal arts is felt more strongly in the private universities than the public ones. . . . Id. at 185, 171-172. Manne is writing in 1973. Nearly forty years later, the survival of the liberal arts education even in private universities is in serious jeopardy. For a combined review of Empires in World History, The Rules of Empires (see Parson below), and Empires for Liberty (see Immerman below), see Charles S. Maier's review essay, "Empire Without End: Imperial Achievements and Ideologies," Foreign Affairs, Volume 89, no.4 (July/August 2010) at 153-159.).

McCarty, Thomas, Race, Empire, and the Idea of Human Development (Cambridge: Cambridge U. Press, 2009) ("Like Germany and so many other countries, the USA too has a past that is still present, that refuses to pass away. It is just this continuing presence of the past that the politics of public memory seeks to address. This type of cultural politics is, of course, not new. . . . I am attempting here only to delineate more sharply and underline more emphatically its irreplaceable role in US political life. Until legal, institutional, normal, everyday racism is publicly and widely understood to have been integral to US history and identity as a nation, Americans will likely continue to encounter major obstacles to developing the degree of transracial political solidarity required for democratic solutions to the forms of racial injustice that are its continuing legacy. Without a developed awareness of the sources and causes of US racialized practices and attitudes, Americans will likely continue to find it extremely difficult even to carry on reasonable public discussion of racially inflected problems, let alone arrive at just and feasible solutions to them". "The United States has, of course, historically been a land of immigration, and that complicates the politics of memory considerably. The diversity of subjects positions in US society is marked out not only by the differences of class, age, gender, and so forth found in any society, and by black/white racial differences and North/South sectional differences. It also includes positions connected with the conquest, settlement, and expansion of America, and with the policies and practices of US immigration. What does the politics of memory mean, for instance, to large numbers of recent immigrants from Asia and Latin America whose cultural memories take them back to other worlds? I cannot even begin to sort out these immense complications here; but I do want to argue that the responsibility to come to terms with the past of slavery and segregation is borne by the political community as a whole, regardless of ancestry. This is not only because the horrors perpetuated were generally state-sanctioned and frequently state-implemented, that is to say, were corporate evils for which there is corporate responsibility; nor only because naturalized citizens who expect to share in the inherited benefits of a continuing enterprise must also share in its inherited liabilities. It is also because immigrant groups, whatever their prior background, unavoidably become members of the same racialized polity to which all US citizens' futures are tied. More specifically, the black/white polarity as fixed the geography of the color-coded world to which successive waves of immigrants have had to adapt; there is no comprehending the bizarre ethnoracial categories into which they have been and still are forced apart from that polarization and its effective history. Thus is not at all to deny that Americans of diverse origins have heir own histories to relate and their own politics of memory to pursue. It is merely to suggest that the history of slavery and its aftermath has formed a template for those histories, that they have been shaped by it and that their fates have been inextricably entangled in the racialized politics that is its legacy." Id. at 114-115.).

Meltzer, Allan H., A History of the Federal Reserve, Volume 1: 1912-1951 (Chicago & London: U. of Chicago Press, 2003).

Meltzer, Allan H., A History of the Federal Reserve, Volume 2, Book 1: 1951-1969 (Chicago & London: U. of Chicago Press, 2009) (On the yin yang of regulation: "Despite its name, the voluntary credit restraint program required the Board to issue regulations specifying what is permitted. . . . " '[A]s is often the case, regulation created two incentives. One was for the regulated to invent arrangements that avoided the regulation without violating the law. The second was for the regulator to develop exceptions that suited some of its purposes. And of course, the two interacted. New exceptions created potential opportunities to avoid regulation. The Board was asked by Congress to report on or stop particular practices of this kind. One of many examples was the use of branches in Puerto Rico or the Virgin Islands to attract corporate deposits by paying above regulation Q ceilings. This problem largely ended after June 1970, when some CDs of $100,000 or more became exempt from ceiling rates." Id. at 663.).

Meltzer, Allan H., A History of the Federal Reserve, Volume 2, Book 2: 1970-1986 (Chicago & London: U. of Chicago Press, 2009) ("Regulations are often written by lawyers who approach problems and crisis by introducing new prohibitions and restrictions. They have been slow to recognize that markets often respond to regulation by innovating to circumvent the regulation. Government securities funds and money market funds circumvented restrictions on rules that prohibited small buyers from purchasing Treasury bills and certificates of deposit that paid market interest rates. Protection of large banks as 'too big to fail' encouraged mergers and giantism. One justification for deposit rate regulation was protection of thrift institutions that lent on home mortgages. This was a costly error. Markets developed money market funds to circumvent ceiling rates at banks and thrift institutions. Inflation and regulation combined to eliminate most thrift institutions and to force removal of most interest rate restrictions. Taxpayers paid between $120 and $150 billion to cover the losses of failed thrift institutions." Id. at 1220. "Time will pass before lawyers recognize that they must rely more on incentives and less on regulation that prohibit or require action. Market discipline--which often means failures--is a costly way to teach prudent and effective risk management. The principal alternative is effective international agreed incentives. Experience with recent efforts to agree on common rules for risk management that create incentives for stabilizing behavior suggest two major impediments. Lawyers have a large role in regulation: they emphasize command and control. Devising incentives for stability in a global economy is a challenge that economists have not yet accepted." Id. at 1220-1221. I think Meltzer just called lawyers authoritarian control freaks, and harmful and incompetent authoritarian control freaks at that. And, they say that America is a nation of lawyers. Yikes! Who will save us from all them?).

Parsons, Timothy H., The Rule of Empires: Those Who Built Them, Those Who Endured Them, and Why They Always Fall (Oxford & New York: Oxford U. Press, 2010) ("While other scholars and public intellectuals were less bold or dogmatic in promoting an American imperial agenda, a surprising number shared the confidence that imperil methods could restore global stability if applied in conjunction with responsible international institutions. . . ." "This reading of history ignores the essential characteristic of empire: the permanent rule and exploitation of a defeated people by a conquering power. By their very nature, empires can never be--and never were--humane, liberal, or tolerant. Would-be Caesars throughout history sought glory, land, and most important, plunder. This true nature of empire was more obvious in premodern times when it was unnecessary to disguise such base motives. In recent centuries, however, imperial conquerors have tried to hide their naked self-interst by promising to rule for the good of their subjects. This was and always will be a cynical and hypocritical canard. Empire has never been more than naked self-interest masquerading as virtue." Id. at 3-4. "Modern debates over whether the United States was an empire or not overlooked the fact that successive administrations in the nineteenth century followed an inherently nonimperial assimilationist policy in gradually recognizing surviving Native Americans as citizens, albeit as inferior ones. Similarly, emancipation turned former Slaves into Americans of African descent rather than imperial subjects. Alaskans and Hawaians eventually won the same status, but these concessions were not particularly grand or magnanimous. Nevertheless, America's treatment of nonwestern peoples living within its borders was not, by strict definition, imperial. Although they suffered institutional racism and discrimination, by the twentieth century Native Americans, indigenous Hawaiians and Alaskans, and African American were citizens, not subjects. . . ." "The United States' assimilationist policies reinforced its egalitarian self-image, but the ingrained American antipathy toward empire did not prevent the nation from falling victim to the new imperial mania of the late nineteenth century. Although the United States did not take part in the scramble for Africa [WONDER WHY?], President William McKinley's administration could not resist the temptation to take over most of Spain's remaining empire after its victory in the 1898 Spanish-American War. An unabashedly proimperial lobby failed to secure the annexation of Cuba, but McKinley obligingly claimed Guam, Puerto Rico, and the Philippines." Id. at 430.).

Reinhart, Carmen M. & Kenneth S. Rogoff, This Time Is Different: Eight Centuries of Financial Folly (Princeton & Oxford: Princeton U. Press, 2009) ("This book provides a quantitative history of financial crises in their various guises. Our basic message is simple: We have been here before. No matter how different the latest financial frenzy or crisis always appears, there are usually remarkable similarities with past experience from other countries and from history. Recognizing these analogies and precedents is an essential step toward improving our global financial system, both to reduce the risk of future crisis and to better handle catastrophes when they happen." Id. at xxv. "The essence of the this-time-is-different syndrome is simple. It is rooted in the firmly held belief that financial crises are things that happen to other people in other countries at other times; crises do not happen to us, here and now. We are doing things better, we are smarter, we have learned from past mistakes. The old rules of valuation no longer apply. Unfortunately, a highly leveraged economy can unwittingly be sitting with its back at the edge of a financial cliff for many years before chance and circumstances provoke a crisis of confidence that pushes it off." Id. at 1. "Technology has changed, the heights of humans has changed, and fashions have changed. Yet the ability of governments and investors to delude themselves, giving rise to periodic bouts of euphoria that usually ends in tears, seems to have remained a constant. No careful reader of Friedman and Schwartz [see above] will be surprised by this lesson about the ability of governments to mismanage financial markets, a key theme of their analysis. As for financial markets, Kindleberger wisely titled the first chapter of his classic book 'Financial Crisis: A Hardy Perennial.' " Id. at 292. ).

Roosevelt, Theodore, Theodore Roosevelt's History of the United States: His Own Words, selected and arranged by Daniel Ruddy (New York: Smithsonian Books/Harper, 2010) ("The Texan struggle for independence stirred up the greatest sympathy and enthusiasm in the United States. The Jackson administration remained nominally neutral, but obviously sympathized with the Texans, permitting arms and men to be sent to their help, without hindrance, and indeed doing not a little discreditable bullying in the diplomatic dealings with Mexico. The victory of San Jacinto, in which Houston literally annihilated a Mexican force twice the strength of his own, virtually decided the contest, and the Senate at once passed a resolution recognizing the independence of Texas." "The Americans at last succeeded in wresting Texas from the Mexicans and making it an independent republic. This republic tried to conquer New Mexico but failed. Then we annexed it, made its quarrels our own, and did conquer both New Mexico and California. From the standpoint of technical right and wrong, it is impossible to justify the American action in these cases, and in the case of Texas there was the dark blot of slavery which rested upon the victors, for they turned Texas from a free province into a slave republic. Nevertheless, it was of course ultimately to the great advantage of civilization that the Anglo-American should supplant the Indo-Spaniard." Id. at the 148. "Hawaii is of more pressing and immediate importance than Cuba. If we don't take Hawaii it will pass into the hands of some strong nation, and the chance of our taking it will be gone forever. If we fail to take Cuba it will remain in the hands of a weak and decadent nation, and the chance to take it will be just as good as ever. If we do not take Hawaii now we may find to our bitter regret that we have let pass the golden moment forever. We did not create Hawaii. It is there. All we can do is to decide whether we shall make it an outpost of defense for the Pacific slope or allow it to be taken by the first hostile power with whom we are brought into contact, to be seized as the surest means of offense against the Pacific coast cities." Id. at 216. Ah, those self-serving rationalizations of conquest and empire.).

Stagg, J. C. A., Borderlines in Borderlines: James Madison and The Spanish-American Frontier, 1776-1821 (New Haven & London: Yale U. Press, 2009) ("Yet in the case of the United States, these recent efforts to rewrite the history of the nation as merely one part of a larger Atlantic and transnational 'history without borders' should not be pushed too far. Nation-states, even those with 'rough edges' of contested borders, can exercise significant power both as independent agents in their own right and as interdependent actors in the larger international arena, and it was in the course of acting thus as 'a nation among nations' that the United States drew boundaries of its own choosing in the Spanish borderlands as these regions were incorporated into an expanding American republic." "It is with these perspective in mind that I have attempted to describe the developments that occurred in West Florida, East Florida, and Texas between 1810 and 1813. My goal has been to understand why the United States succeeded, somewhat inadvertently, in annexing most of West Florida during that period, why it failed to secure East Florida at all before 1819, and why in the process of settling its dispute with Spain it consented to abandon the claim to Texas in order to obtain a boundary line farther to the north that extended to the Pacific Ocean. In each of these three cases, the Madison administration dispatched executive agents to the Spanish province in question . . . on a series of errands to determine the future relationship of the region to the United States. The outcomes of these errands into the borderlands have yet to be properly understood by historian, in no small part because three of these agents . . . went into the borderlands on errands of their own, which ultimately came into conflict with those of the administration in Washington. In the course of describing how these conflicting errands affected administration policy, it has been my purpose to provide a clear sense of the linkages between policy making at the center of American government and the developments that unfolded a the peripheries of the American polity in the early nineteenth century. If the United States ultimately succeeded in expanding its boundaries through the processes thus described, it did so as much because of contingent developments over which it had little control as it did because of its intentions, first openly proclaimed in the Model Treaty of 1776, that its southern border be made to extend from the east coast of the Florida peninsula to the Mississippi River." Id. at 10-11.).

Thomas, Evan, The War Lovers: Roosevelt, Lodge, Heart, and The Rush to Empire, 1898 (New York & Boston: Little, Brown, 2010) ("On a bright afternoon in the fall of 1898 three philosophers stood in the airy library of a house on Quincy Street, at the edge of Harvard Yard. As the yellow leaves drifted down outside and autumn light streamed into the large, book-lined room, the owner of the house, Professor George Herbert Palmer, stood with his back to the window, 'evidently enjoying the pleasant rays of the setting sun,' recalled his Harvard colleague George Santayana. But the third philosopher, William James, was plunged into darkness. He was 'terribly distressed,' recalled Santayana. 'James said he had lost his country.' " "James told the others that he could understand intervention in Cuba; the island had suffered from the oppression of the Spaniards. But the annexation of the Philippines--what could excuse that? To James, McKinley's decision to demand ownership of the distant archipelago was somehow un-American. James had long sustained a faith in American exceptionalism. He believed, or wished to believe, that Americans were less prone to the corruption and greed of their European forebears. He could not excuse the president's imperialistic grab for territory in the name of freedom and Christian morality." "Palmer did not wish to have his pleasent afternoon spoiled, so he smiled and murmured academic banalities--yes, he saw James's point, but every thesis had its antithesis, and the synthesis would ultimately be for the public good. Santayana, fatalist from the Old World, mourned for his quixotic Spain but regarded James as an innocent. In his memoir Santayana wrote that he admired James's 'masculine directness,' his warmth and openness, and he joined in the general approbation of James's sensitivity and lively turn of mind. But he regarded him as naive for belieiving that individuals could control the path of history when clearly, greater forces did." "But James did believe in the individual. He did not place his faith in Great Men who guide the destiny of nations, but rather in ordinary individuals, whom he did not find ordinary at all. He refused to treat people as abstractions. To him, Emilio Aguinaldo was not a 'Little Brown Brother' but an actual person. The Filipino people should not be treated as a 'painted picture' on a giant canvas of the march of man's progress but as flesh-and-blood individuals. He abhorred sweeping theories of history that explained everything, big ideas that gave license to oppression of the human spirit. Highly suspicious of the civilizing mission of imperialism, he did not agree with Kipling, in his poem of the age, that the white man carried the burden of uplifting the 'lesser races' ('the sullen, silent peoples/Half devil and half child'). He was typical of his era and class in his dress and mores, conventional in many of his attitudes. And yet he was refreshingly farsighted in at least one essential way: at a time when notions of racial superiority and the vogue of social Darwinism legitimized colonial domination, James stood out as a lonely voice of pluralism (a word, it seemed, only he could coin), for respect for the dignity and worth of each individual, no matter how foreign or 'other.' In this he was ahead of his time, embracing notions that would become cliches in the late twentieth century but were far from popular in 1898. It was as if James could peer into the global abyss of the next century, when 'isms' would be used as an excuse to slaughter and oppress millions of people." Id. at 374-376. William James was ahead of his time; and, unfortunately, he is ahead of our time as well. Nation building? Democratization? War on Terror(ism)? Hyperpatriotism. Also see Ronald Steel, "Theodore Roosevelt, Empire Builder," NYT Book Review, Sunday, 4/25/2010.).

Torgovnick, Marianna, Gone Primitive: Savage Intellects, Modern Lives (Chicago & London: U. of Chicago Press, 1990) ("Throughout this study, I have given hints of more positive forms of Western primitivism lurking behind the forms I have criticized: the potential to reject hierarchies in the original Tarzan story; the possibility of using African aesthetics to rethink the West's systems of art production and circulation; a desire to acknowledge and accept the full range of human sexual possibilities and variations in belief; the intuition that social classes or gender relations have doomed us to structures of mastery rather than mutuality; a reaching out to the natural world as our home and mother, not the exploitation of that world for profit. Each of these possibilities exists within certain forms of primitivism I have examined, though they are, in each case, variously turned aside or undeveloped, often under the pressure of our culture's dominant ideas of selfhood or masculinity." "Western primitivism might have had a different history--a history in which primitive societies were allowed to exist in their own times and spaces, within their own conceptions of time and space, not transposed and filtered into Western terms; a history in which primitive societies were acknowledged as full and valid alternatives to Western cultures. It may no be too late to bring that history into being. . . ." "More concretely, alternative stories can help us rethink political attitudes toward third world nations and their aspirations, attitudes which have been shaped, in part, by confusing third world with primitive, or by bring to our relations with nations outside the West attitudes that are demeaningly neocolonial In a speech during the 1988 U. S. presidential campaign, the soon-to-be-victorious George Bush criticized his opponent Michael Dukakis for thinking that the United States was a country 'on the U. N. roll call somewhere between Albania and Zimbabwe.' When that kind of statement can make no political points, when the majority of Euro-Americans can accept that our nations--for all their present comforts and power--exists on the same plane with other social or political entities, we will have come a long way toward overcoming the heritage that the West's conceptions of the primitive have left us." Id. at 246-247.)

Vaisse, Justin, Neoconservatism: The Biography of a Movement translated from the French by Arthur Goldhammer (Cambridge, Massachusetts & London, England: Belknap/Harvard U. Press, 2010) ("[I]t makes no sense to attribute all the failings of the Bush administration to the neocons. To the extent that they did have a voice, however, and a voice that counted, we can try to pinpoint their errors of judgment." "The most surprising of the neoconservatives' errors has to do with the condition under which American power is exercised, a subject that has been one of their central concerns. But perhaps it was precisely because neoconservatism stemmed from a patriotic reaction to the denigration of America and because it enjoyed a victory of sorts and therefore validation with the fall of the Berlin Wall that it was condemned to see the world of the twenty-first century through an overconfident and distorted prism. That prism left the neocons unable to see the limits of America's actual capacity to engineer positive change and its room for maneuver in the world. Or perhaps third-age neoconservatism was merely the intellectual expression of the considerable increase in the relative power of the United States, of the illusion, especially after the intoxicating victory of Afghanistan, that America could do anything. In that case, neoconservative hubris was largely the result of a rationalization of America's position in the international system. After all, the argument that the American empire is 'benevolent' does have merit, at least until it is invoked as a pretext to exempt the United States from rules of prudence and cooperation, or even to ignore the opinions and interests of the rest of the world." "There was no shortage of arrogance in the neocon approach. Intellectual arrogance to begin with, in spite of the movement's origins: whatever became of the law of unintended consequences? . . . It will come to no surprise that conservatives were driven to apoplexy by the insolence and rashness of the neocons, by their readiness to play the role of social engineers and sorcerer's apprentice. Political arrogance was also in abundant supply. 'Lead, and they will follow' was the slogan of the neoconservatives and then of the Bush administration for dealing with allies. But manly, confident assertion of objectives was not enough to persuade the other members of the international community that those objectives were justified, and there were limits to what America could do alone. Military arrogance was also involved: no army has every been better prepared that the American armed forces to destroy a conventional enemy, but it struggled with guerrilla warfare and the challenges of reconstruction. . . . Finally, the cliche that a show of force is enough to convince the enemy to give up or at least respect the superior force--a notion that many neoconservatives shared with other hawks--turned out to be quite naive." Id. at 261-262. Also see Barry Gewen, "Leave No War Behind," NYT Book Review, Sunday, 6/13/2010.).

Von Mises, Ludwig, Economic Policy: Thoughts for Today and Tomorrow edited and with an Introduction by Bettina Bien Greaves (Indianapolis: Liberty Fund, 2010).

Food For Thought: According to a Marist Poll, 25% of Americans, and 40% of 18- to 29-year-olds, do not know that Great Britain is the country from which the American colonies declared their independence.

October 10, 2010

IN ANTICIPATION OF CERTAIN FRIENDS' EMAILS ASKING FOR SUGGESTIONS IN FICTION

Bolano, Roberto, The Insufferable Gaucho, translated from the Spanish by Chris Andrews (New York: New Directions, 2003, 2010) (see Michael Greenberg, "Hall of Mirrors," NYT Book Review, Sunday, 9/19/2010).

Bolano, Roberto, The Return, translated from the Spanish by Chris Andrews (New York: New Directions, 2001, 2010).

Foulds, Adam, The Quickening Maze: A Novel (London: Penguin Books, 2009).

Keilson, Hans, Comedy in a Minor Key: A Novel, translated from the German by Damion Searls (New York: Farrar, Straus & Giroux, (1947, 2010) (see Francine Prose, "As Darkness Falls," NYT Book Review, Sunday, 8/8/2010).

Keilson, Hans, The Death of the Adversary: A Novel translated from the German by Ivo Jarosy (New York: Farrar, Straus & Giroux, (1959, 1962) (From the backcover: "Written while Hans Keilson was in hiding during World War II, The Death of the Adversary is the self-portrait of a young man helplessly fascinated by an unnamed 'adversary' whom he watches rise to power in 1930s Germany. It is a tale of horror, not only in its evocation of Hitler's gathering menace but also in its hero's desperate attempt to discover logic where none exists. A psychological fable as wry and haunting as Badenheim 1939, The Death of the Adversary is a lost classic of modern fiction.").

McCarthy, Tom, C (New York: Knopf, 2010) (see Jennifer Egan, "Code World," NYT Book Review, Sunday, 9/12/2010).

Musil, Robert, The Confusions of Young Torless (1906) translated from the German by ShaunWhiteside, introduction by J. M. Coetzee (Penguin Books, 2001) ("Yes, there are dead and living thoughts. The sort of thinking which moves on the illuminated surface, which can be checked at any point along the thread of causality, does not need to be the living kind. A thought that one encounters along that path remains indifferent, like a man chosen at random from within a column of marching soldiers. A thought - it may have passed through our brain long ago - comes to life only at the moment when it is joined by something that is no longer thought, no longer logical, so that we feel its truth beyond all justification, like an anchor tearing from it into blood-filled, living flesh . . . Any great realization is only half completed in the brain's pool of light; the other half is formed in the dark soil of our innermost being, and above all it is a state of the soul on whose furthest tip the thought sits perched, like a flower." Id. at 156.).

Ogawa, Yoko, The Housekeeper and the Professor translated from the Japanese by Stephen Snyder (New York: Picador, 2003, 2009) (see Dennis Overbye, "You Must Not Remember This," NYT Book Review, Sunday, 3/23/2009).

Pullman, Philip, The Good Man Jesus and the Scoundrel Christ (New York: Canongate, 2010) (see Christopher Hitchens, "In the Name of the Father, the Sons . . . ," NYT Book Review, Sunday, 7/11/2010).

Rachman, Tom, The Imperfectionists: A Novel (New York: The Dial Press, 2010) (see Christopher Buckley, "The Paper," NYT Book Review, Sunday, 5/2/2010)).

Stern, Steve, The Frozen Rabbi: A Novel (Chapel Hills: Algonquin Books of Chapel Hill, 2010) (see Ben Marcus, "The Rebbe of Graceland," NYT Book Review, Sunday, 7/4/2010).

Saramago, Jose, The Elephant’s Journey: A Novel, translated from the Portuguese by Margaret Jull Costa (Boston & New York; Houghton Mifflin Harcourt (2008, 2010) (see J. M. Ledgard, "Solomon's Travels," NYT Book Review, Sunday, 9/19/2010).

Shteyngart, Gary, Super Sad True Love Story: A Novel (New York: Random House, 2010) (see Michiko Kakutani, "Love Found Amid Ruins of Empire," NYT, Tuesday, 7/27/2010; and Michaed Wood, "Never Say Die," NYT Book Review, Sunday, 8/8/2010).

Wallace, David Foster, The Broom in the System (New York: Penguin Books, 1987, 2004).

Yamashita, Karen Tei, I Hotel: A Novel with art by Leland Wong and Sina Grace (Minneapolis: Coffee House Press, 2010) (From the backcover: "This dazzling, multi-voiced fusion of fiction, playwriting, graphic art, and philosophy spins an epic tale of America's struggle for civil rights as it played out in San Francisco. Divided into ten novellas, one for each year, I Hotel begins in 1968, when Martin Luther King and Bobby Kennedy were assassinated, students took to the streets, the Vietnam War raged, and cities burned." "As Yamashita's motley cast of students, laborers, artists, revolutionaries, and provocateurs make their way through the history of the day, they become caught in a riptide of politics and passion, clashing ideologies, and personal turmoil. A by the time the survivors unite to save the International Hotel--epicenter of the Yellow Power Movement--their stories have come to define the very heart of the American experience.").

October 7, 2010

IN THE MELEE; OR, ADVICE TO YOUNG LAWYERS WORKING IN LARGE LAW FIRMS

Matyszak, Philip, Legionary: The Roman Soldier's (Unofficial) Manual (London: Thames & Hudson, 2009) ("Inevitably over time, the line gets a bit more ragged, but as a trained legionary, it's your job to keep an eye on the men to your left and right. Don't drop back so far you can't cover them--especially the man on your left who might need you to guard his unshielded side--and don't get so carried away with bloodlust that you advance beyond their protection. And remember that when fighting almost shoulder-to-shoulder with your comrades wild sword swings are hazardous to everyone around, not just the enemy. While in formation, keep it simple, keep it stabby. Only if you somehow end up surrounded by the enemy can you start slashing out in all directions like a berserker." "And whatever you do, keep a tight grip on your sword and shield. Not only can losing either lead to fatal embarrassment during the melee, but also to awkward questions from the centurion afterwards. No one wants the suspicion of having deliberately dropped his kit so as to get out of the battleline. So shaming can this be that there are recorded cases of people who having lost a shield or sword, persuaded their friends to help them plunge back into the enemy ranks and retrieve the missing items." Id. at CLXXIV/174-LXXV/175.).

October 2, 2010

FOOD FOR THOUGHT

Roberts, Elizabeth Madox, The Time of Man (1926) (Lexington: U. of Kentucky Press, 2000) (" 'Law is a good thing but how you look at it makes a difference, and which side you're on, and how people look at what you done. Law is fine if you get on the good side of it. It's all owen to which part gets law on his side. But once you get it on the contrary side, why you might see a sight of worry from it.' " Id. at 293. " 'I aim to read books,' Dick said. 'There's more than a million books in the world and I've not read e'er one yet. I aim to know everything. I aim to read a heap of books. It's in books is found the wisdom of the world, they say.' " Id. at 370.)

September 22, 2010

"SEEDY UNDERBELLY OF THE CRIMINAL JUSTICE SYSTEM"

Butler, Paul, Let's Get Free: A Hip-Hop Theory of Justice (New York & London: The New Press, 2010) ("The American criminal justice system is so dysfunctional that it presents well-intentioned people with a dilemma. Should good people cooperate with it? This book looks at the roles of two actors without whom the justice system would grind to a halt: snitches and prosecutors. A debate rages in both pop culture and criminology about the value of snitches. I come down firmly on the side against them. Government informants are the seedy underbelly of the criminal justice system. I'll talk about the addiction of law enforcement to snitches and the devastating impact they have on neighborhoods and civil liberties." "My experiences as a prosecutor persuade me that prosecutors are more part of the problem than the solution. . . ." Id. at 20.).

A BOOK THAT SHOULD BE REQUIRED READING FOR EVERY FIRST-YEAR LAW STUDENT, AND REQUIRED RE-READING FOR EVERY SECOND- AND THIRD-YEAR LAW STUDENT

Schauer, Frederick, Thinking Like a Lawyer: A New Introduction to Legal Reasoning (Cambridge, Massachusetts, & London, England: Harvard U. Press, 2009) ("This is a book about thinking and reasoning. More particularly, it is about the thinking, reasoning, and argumentative methods of lawyers and judges, which may or may not be different from the thinking, reasoning, and argumentative methods of ordinary people. Whether lawyers think, reason, and argue differently from ordinary folk is a question and not an axiom, but it is nonetheless the case that certain techniques of reasoning are thought to be characteristic of legal decision-making. The focus of this book is on those techniques. Its aim is partly to make a serious academic contribution to thinking about various topics in legal reasoning, but mostly it is to introduce beginning and prospective law students to the nature of legal thinking. In the typical law school, especially in the United states, the faculty believes that it teaches legal thinking and reasoning by osmosis, or interstitially, in the process of providing instruction in substantive subjects such as torts, contracts, criminal law, property, civil procedure, and constitutional law. But less teaching of legal reasoning actually occurs than faculties typically believe, and even if it does take place, there may be a need to provide in one volume, abstracted from particular subjects, a description and analysis of much of what law students are supposed to glean from the typically indirect teaching of legal reasoning. Similarly, although most law teachers think that it is important that students know something about the major figures, themes, and examples in the canon of legal reasoning, much of this material also falls through the cracks in the modern law school, and again there appears good reason for presenting it in one place. This book seeks to address these needs, at the same time giving lawyers and legal scholars something to chew on--and disagree with--about most of the topics it takes on. Id. at xi. "[I]t may be that law schools seek to teach their students more about the language of legal justification than about the determinants of judicial decisions. Even if judges do base their decisions substantially on broad notions of equity and justice, or on policy considerations, or even on the personal characteristics of the judge and the litigants, what lawyers need to know, and what law schools are uniquely positioned to teach, it might be argued, is the language of the law, the words and the categories and the concepts in which law talk takes place, even if beneath the talk something else entirely is going on. Lawyers can afford to be Realists, perhaps, but they will succeed only if they understand the non-Realist language and categories with which the legal system actually functions." Id. at 145-146. Over the last few years, a trend has developed where more, and more law schools increasingly succumb to pressure from practicing bar (i.e., lawyers and judges) to revamp legal education so that graduates are up and running as lawyers from day one. One consequence of this trend is that fewer and fewer resources will be devoted the figures, themes, and examples in the canon of legal reasoning. What students may have been able to glean indirectly from their professors and courses will not have sufficient presence to be gleaned and, therefore, will be largely ungleanable from their the law school experience. Law students will have to find it for themselves. To that end: LAW STUDENTS IN U.S. LAW SCHOOLS SHOULD READ PROFESSOR SCHAUER'S BOOK! If they have the inclination, they should also read Edward Levi, An Introduction to Legal Reasoning (Chicago: University of Chicago Press, 1949).

September 17, 2010

WICKED PROBLEM SOLVING

Bevir, Mark, Democratic Governance (Princeton & Oxford: Princeton U. Press, 2010).

"Like so many ideas informing the second wave of reforms, the concept of a 'wicked problem' arose as part of an amorphous midrange social science that linked institutionalism, organizational theory, and functionalism, Reformist governments then picked up and adopted these amorphous theories to counter the ideas and policies of rational choice and neoliberalism. Wicked problems are generally defined in terms such as these: a problem of more or less unique nature; the lack of any definitive formulation of such a problem; the existence of multiple explanations for it; the absence of a test to decide the value of any response to it; all responses to it being better or worse rather than true or false; and each response to it has important consequences such that there is no real chance to learn by trial and error. Typically these features strongly imply that wicked problems are interrelated. For example, a particular wicked problem might be explained in terms of its relationship to others, or any response to it might impact others. Classic example of wicked problems include pressing issues of governance such as security, environment, and urban blight. Yet other contemporary policy issues--housing, economic development, and welfare--also appear too complex to be divided into neat parts that might then be handed over to distinct bureaucratic units."
Id. at 77.

"
Wicked problems. The Australian Public Service makes explicit use of the term 'wicked problem.' . . . In its official paper Tackling Wicked Problems, the Australian Public Service specifies that wicked problems are not only peculiarly resistant to resolution but also a challenge to bureaucratic ways of working and solving problems. Wicked problems, including climate change, obesity, and indigenous disadvantage, require 'thinking that is capable of grasping the big picture' and 'more collaborative and innovative approaches'; they allegedly require actors to operate 'across organisational boundaries' in a whole of government approach." Id. at 219-210.

It should be obviously clear that those incapable of out-of-the-box thinking, or who take comfort in top-down decision making, are probably incapable of participating in the tackling of wicked problems. 'Group Think' will not resolve wicked problems! Have you trained your mind such that you will be prepared to engage in wicked problem solving? Or, at the very least, recognize the value of wicked problem solving? Will you even know a wicked problem when it comes across your desk?

September 15, 2010

THE PRINTED PAGE UNDER STRESS; THE REWARDS OF THE LITERARY LIFE; AND THE DECLINE IN INTELLECTUAL DEPTH

Alter, Robert, Pen of Iron: American Prose and the King James Bible (Princeton & Oxford: Princeton U. Press, 2010) ("What I should like to emphasize in regard to the American novelists from the nineteenth century to the twenty-first whom I shall be considering is that the language of the Old Testament in its 1611 English version continued to suffuse the culture even when the fervid faith in Scripture as revelation had begun to fade. . . . [T]he language of the Bible remains an ineluctable framework for verbal culture in this country. . . ." Id. at 3. "The decline of the role of the King James Version in American culture has taken place more or less simultaneously with a general erosion of a sense of literary language, although I am not suggesting a causal link. The reasons for this latter development have often been noted, and hence the briefest summary will suffice for the purpose of the present argument: Americans read less, and read with less comprehension; hours once devoted to books from childhood on are more likely to be spent in front of a television set or a computer screen; epistolary English, once a proving ground for style, has been widely displaced by the high-speed short-cut language of e-mail and text-messaging. . . . Obviously, there are still people in the culture, including young people who have a rich and subtle sense of language, but they are an embattled minority in a society where tone-deafness to style is increasingly prevalent. That tone-deafness has also affected the academic study of literature, but there are other issues involved in the university setting, and to those I shall turn in due course." Id. at 10.). Carr, Nicholas, The Shallows: What the Internet is Doing to Our Brains (New York: Norton, 2010) ("For some people, the very idea of reading a book has come to seem old-fashioned, maybe even a little silly--like sewing your own shirts or butchering your own meat. 'I don't read books,' says Joe O'Shea, a former president of the student body at Florida State University and a 2008 recipient of a Rhodes Scholarship. 'I go to Google, and I can absorb relevant information quickly.' O'Shea, a philosophy major, doesn't see any reason to plow through chapters of text when it takes but a minute or two to cherry-pick the pertinent passages using Google Book Search. 'Sitting down and going through a book from cover to cover doesn't make sense,' he says. 'It's not a good use of my time, as I can get all the information I need faster through the Web.' As soon as you learn to be 'a skilled hunter' online, he argues, books become superfluous." Id. at 8-9. "Readers didn't just become more efficient. They also became more attentive. To read a long book silently required an ability to concentrate intently over a long period of time, to 'lose oneself'' in the pages of a book, as we now say. Developing such mental discipline was not easy. The natural state of the human brain, like that of the brains of most of our relatives in the animal kingdom, is one of distractedness. Our predisposition is to shift our gaze, and hence our attention, from one object to another, to be aware of as much of what's going on around us as possible. . . . What draws our attention most of all is any hint of a change in our surroundings. . . . Our fast-paced, reflective shifts in focus were once crucial to our survival. They reduced the odds that a predator would take us by surprise or that we'd overlook a nearby source of food. For most of history, the normal path of human thought was anything but linear." Id. at 63-64. "Yet surely online bingeing is no different from eating too many sweets: its remedy is a mater of old-fashioned self-restraint." From "Fast Forward: The Effects of the Internet," The Economist, Books and Arts, June 26th 2010, at 88. Yet, see Op-Ed piece by David Brooks, "The Medium Is the Medium," NYT, 7/8/2010.).
Gordimer, Nadine, Telling Times: Writing and Living, 1954-2008 (New York: Norton, 2010) ("Within the small group of intellectuals in South Africa, writers represent an even smaller group; and for that reason perhaps the people of the country might be content to ignore what is happening to them." "But what of the readers? What of the millions, from university professors to children spelling out their first primers, for whom the free choice of books means the right to participate in the heritage of human thought, knowledge and imagination?" "Yes, they still have a great many uncensored books to read . . . though even the classics have been shown not to be immune from South African censorship . . . . But surely the people realise that no one can be well-read or well-informed or fitted to contribute fully to the culture and development of his own society in the democratic sense while he does not have absolutely free access to the ideas of his time as well as to the accumulated thought of the past, nor while, in particular, there are areas of experience in the life of his own society and country, which through censorship, ere left out of his reading? . . ." Id. at 130-131. "To be literate is to be someone whose crucially formative experience may come just as well from certain books as from events." Id. at 38. "When one says one writes for 'anyone who reads me' one must be aware that 'anyone' excludes a vast number of readers who cannot 'read' you or me because of concerns they do not share with us in grossly unequal societies. . . . This is the case even for those of us, like me, who believe that books are not made out of other books, but out of life." "Whether we like it or not, we can be 'read' only by readers who share terms of reference formed in us by our education--not merely academic but in the broadest sense of life experience: our political, economic, social and emotional concepts, and our values derived from these: our cultural background. It remains true even of those who have put great distances between themselves and the inducted values of childhood: who have changed countries, convictions, ways of life, languages. Citizenship of the world is really another acculturation, with its set of givens which may derive from many cultures yet in combination becomes something that is not any of them." Id. at 440-441. "See also Adam Kirsch, Letters form Johannesburg, NYT Book Review, Sunday, 8/1/2010.).


Hitchens, Christopher, Hitch-22: A Memoir (New York & Boston: Twelve, 2010) ("It is quite a task to combat the absolutists and the relativists at the same time: to maintain that there is no totalitarian solution while also insisting that, yes, we on our side also have unalterable convictions and are willing to fight for them. After various allegiances, I have come to believe that Karl Marx was rightest of all when he recommended continual doubt and self-criticism. Membership in the skeptical faction is the great imperative of our time. . . . To be an unbeliever is not to be merely 'open-minded.' It is rather, a decisive admission of uncertainty that is dialectically connected to the repudiation of the totalitarian principle, in the mind as well as in politics. . . . [A]nd I find that for the remainder of my days I shall be happy enough to see if I can emulate the understatement of Commander Hitchens and say that at least I know what I am supposed to be doing." Id. at 433. "Near the end of his new book, Hitch-22, which is neither strictly a memoir nor quite a political essay but something in between, Christopher Hitchens informs the reader that he has, at long last, learned how to 'think for oneself,' implying that he had failed to do so before reaching the riper side of middle age. This may not be the most dramatic way to conclude a life story. Still, thinking for oneself is always a good thing. And, he writes, ' the ways in which the conclusion is arrived at may be interesting . . . just as it is always how people think that counts for much more than what they think'." Ian Buruma, "The Believer," NYRB, July 15, 2010, 6-10, at 6. Also take in David Runciman, "It's Been a Lot of Fun," London Review of Books, 24 June 2010, 11-14; and David Brooks, "Such, Such Are His Joys," NYT, Opinions, 7/2/2010. "The new memoir from Christopher Hitchens reveals the literary life of a political provocateur.").



Lanier, Jaron, You Are Not a Gadget: A Manifesto (New York: Knopf, 2010) ("It's early in the twenty-first century, and that means that these words will mostly be read by nonpersons--automatons or numb mobs composed of people who are no longer acting as individuals. . . ." "The vast fanning out of the fates of these words will take place almost entirely in the lifeless world of pure information. Real human eyes will read these words in only a tiny minority of cases." "The words in this book are written for people, not computers. "I want to say: You have to be somebody before you can share yourself." Id. at ix. "The Blankness of Generation X Never Went Away, but Became the New Normal." Id. at 128. "It is worth repeating obvious truths when huge swarms of people are somehow able to remain oblivious. That is why I feel the need to point out the most obvious overall aspect of digital culture: it is comprised of wave after wave of juvenilia." "Some of the greatest speculative investments in human history continue to converge on silly Silicon Valley schemes that seem to have been named by Dr. Seuss. On any given day, one might hear of tens or hundreds of millions of dollars flowing to a start-up company named Ublibudly or MeTickly. These are names I just made up, but they would make great venture capital bait if they existed. At these companies one finds rooms full of MIT PhD engineers not seeking cancer cures or sources of safe drinking water for the undeveloped work by schemes to send little digital pictures of teddy bears and dragons between adult members of social networks. At the end of the road of the pursuit of technological sophistication appears to lie a playhouse in which humankind regresses to nursery school." Id. at 182.).


Leist, Anton & Peter Singer, eds., J. M. Coetzee and Ethics: Philosophical Perspectives on Literature (New York: Columbia U. Press, 2010) ("Why should philosophers and writers, readers of philosophical literature and readers of the belles lettres, be interested in each other? In actual fact, they rarely are, but once in a while a philosopher strikes a chord with the readers of fine literature, and, vice versa, a writer of poetry or novels provokes philosophers to read him. John M. Coetzee is surely a candidate for this second category, and therefore motivates the questions asked in the present selection of essays. . . . " Id. at 1. "Whatever position in philosophy one takes, an awareness of how literature responds to the external pressures put on the mental format of our modern Western tradition has an extremely liberating effect on philosophy's internal self-control and, in part, self-restriction. Philosophy tends to involve its students in foundational projects instead of opening their views to more practical problems of the real world--although applied ethics and political philosophy are often exceptions. Literature is frequently a more natural and more human way of expressing oneself. In the hands of great artists, it portrays our most elementary experiences. Other art forms may also do this, but literature is the most verbally explicit of the arts and therefore always the ultimate medium in which to be critical toward something, including philosophy, and to orient ourselves in the world. Ethics, and applied ethics especially, is helped by the literary imagination, of it confronts the conflicting forces visible in different philosophical positions as well as in our everyday culture. Coetzee's literary works is exemplary in this sense, as he himself is driven by the different tendencies and alternative that are liberated when modernism is put on trial. Not least among these is the attempt to find pieces of transcendental philosophy in literature, which again shows both the problem faced by philosophy and the advantage of literature, To shift the puzzle of philosophical reflection into literature could be at least a first step toward tackling them in a more realistic and practical manner. It could yield insights hard to come by in the usual academic style of philosophical work." Id. at 13-14.).


George Orwell, "Literature and the Left," Tribune, 4 June 1943, reprinted in George Orwell, The Complete Works of George Orwell, Volume 15: Two Wasted Years, 1943 edited by Peter Davison (London: Seeker & Warburg, 1998), at 125-127 ("The illiteracy of politicians is a special feature of our age--as G. M. Trevelyan put it, 'In the seventeenth century Members of Parliament quoted the Bible, in the eighteenth and nineteenth centuries, the classics, and in the twentieth century nothing'--and it s corollary is the literary impotence of writers." Id. at 126. And who do our politicians, our writers, and we ourselves, quote now in the twenty-first century? Can you quote less than nothing?).



GO OUT AND DO SOMETHING RADICALLY RETROGRESSIVE: PURCHASE A GOOD (SUBSTANCE- AND CONTENT-WISE) PRINTED BOOK. THEN GO HOME AND DO SOMETHING EVEN MORE RADICALLY RETROGRESSIVE: READ IT! AND, IF YOU ARE FEELING AMBITIOUS, FIND A MATURE PERSON TO DISCUSS THE BOOK WITH YOU. I KNOW, I KNOW. DISCUSSING BOOKS AND IDEAS WITH REAL PEOPLE IS REALLY RETROGRESSIVE SOCIAL NETWORKING.

September 12, 2010

NOT AN INTELLECTUAL

Baldwin, James, The Cross of Redemption: Uncollected Writings, edited and with an introduction by Randall Kenan (New York: Pantheon, 2010) (From 'What's the Reason Why?: A Symposium by Best-Selling Authors: Baldwin on Another Country': "I am not an intellectual, not in the dreary sense that word is used today, and do not want to be: I am aiming at what Henry James called 'perception at the pitch of passion'." Id. at 39, 40. Also see James Campbell, "Sorrow Wears and Uses Us," NYT Book Review, Sunday, 9/12/2010.).

September 11, 2010

EDUCATORS FAILING THEIR ESSENTIAL PURPOSE

Baldwin, James, "Views of a Near-Sighted Cannoneer," The Village Voice, July 13, 1961 ("There is observable, I think, in the work of most of this generation a desire to tell what actually happened--or what it actually feels like to be an American, now; but this desire is perpetually defeated by the spiritual obligation of being an American, which obligation is, simply, never to accept that evil is in the world. I am struck by the variety of ways in which the actual spiritual state of Americans is denied by people who have every reason to know what the state is: our educators, artists, and politicians. It is hard for me to believe, for example, that educators do not know the sorry truth behind the lack of real education here. It seems very clear to me that until the educators themselves believe in what they teach, there is no hope for their students. But the educators cannot accept this, because in order to do so they would have to overhaul every aspect of their private lives, which effort would hurl them forever beyond the bounds of the academic life." I agree with Baldwin regarding the 'spiritual obligation of being an American' as 'never to accept that evil is in the world.' Certainly since September 11, 2001, this spiritual obligation has been tested. Most Americans have been (willingly/unwillingly) trained to accept at least one evil or source of evil in the world: terror or terrorism. Yet, Americans knew there was evil in the world before September 11, 2001. Americans are strong believers in evil. Americans need evil and thrive on evil in the world: communism, secularism, foreigners, nonwhites. Think of all the evils Americans have gone to war against: war on drugs, war on crime, war on poverty, war on terror, war on guns, war to end all wars . . . . Americans believe there is evil in the world. It is just that they believe in other peoples' evil. Americans just don't believe that they are evil or a source of evil in the world. And, perhaps, that is the failure of educators in America. We failed to teach students to see the evil that is us. Our students are defeated by an obligation, drilled into them by parents, politicians, and educators, to never except that we Americans may be a source of some of the evil existing in the world.).

September 10, 2010

GEORGE ORWELL ON LOSING ONE'S SOUL

I received an email expressing the sender's being intrigue by my assertion that universities (and the professoriate) had lost its soul, and with my quoting Saul Bellow's reference to losing one soul in his Forward to Allan Bloom, The Closing of the American Mind. (See my 9/9/2010 posting on Cosmopolitan Lawyer.)

Here is a little bit of George Orwell on the losing one's soul. For various reasons, with some change in the references, the sentiment Orwell expressed nearly three-quarter of a century ago apply to our times. We still have endless war, food shortages across the globe, reports of slave labor and forced servitude even with the borders of the beacon of liberty known as the United States of America, and the executioner's blow from behind has been replaced with government sanctioned torture.

" . . . I thought of a rather cruel trick I once played on a wasp. He was sucking jam on my plate, and I cut him in half. He paid no attention, merely went on with his meal, while a tiny stream of jam trickled out of his severed oesophagus. Only when he tried to fly away did he grasp the dreadful thing that had happened to hem. It is the same with modern man. The thing that has been cut away is his soul, and there was a period--twenty years, perhaps--during which he did not notice it.

"It was absolutely necessary that the soul should be cut away. Religious belief, in the form in which we had known it, had to be abandoned. By the nineteenth century it was already in essence a lie, a semi-conscious device for keeping the rich rich and the poor poor. The poor were to be contented with their poverty, because it would all be made up to them in the world beyond the grave, usually pictured as something mid-way between Kew Gardens and a jeweller's shop. Ten thousand a year for me, two pounds a week of you, but we are all the children of Good. And through the whole fabric of capitalist society there ran a similar lie, which it was absolutely necessary to rip out.

"Consequently there was a long period during which nearly every thinking man was in some sense a rebel, and usually a quite irresponsible rebel. Literature was largely the literature of revolt or of disintegration. . . . For two hundred years we had sawed and sawed and sawed at the branch we were sitting on. And in the end, much more suddenly than anyone had foreseen, our efforts were rewarded, and down we came. But unfortunately there had been a little mistake. The thing at the bottom was not a bed of roses after all, it was a cesspool full of barbed wire.

"It is as though in the space of ten years we had slid back into the Stone Age. Human types supposedly extinct for centuries, the dancing dervish, the robber chieftain, the Grand Inquisitor, have suddenly reappeared, not as inmates of lunatic asylums, but as the masters of the world. Mechanization and a collective economy seemingly aren't enough. By themselves they lead merely to the nightmare we are now enduring; endless war and endless underfeeding for the sake of war, slave populations toiling behind barbed wire, women dragged shrieking to the block, cork-lined cellars where the executioner blows your brains out from behind. So it appears that amputation of the soul isn't just a simple surgical job, like having your appendix out. The would has a tendency to go septic."

George Orwell, "Note on the Way," Time and Tide, 30 March and 6 April 1940, reprinted in Peter Davison,ed., The Complete Works of George Orwell, Volume Twelve: A Patriot After All, 1940-1941 (London: Secker & Warburg, 1998), at 121, 124-125.

September 9, 2010

UNIVERSITY DEGREES WITHOUT UNIVERSITY EDUCATIONS

A few days ago an email was sent to me, the content of which was Schumpeter's essay, "Decling by Degrees, appearing in The Economist (Sep 2nd 2010). By reply email I simply thanked the sender for forwarding the Schumpeter essay. Later in the day I send another email, the content of which I reproduce here.

I wanted to write a longer 'response' or, to be more accurate, reaction to the Schumpeter essay in the Economist. My reaction takes the form of a question: Where will the next generation of students go for an education (as opposed to a mere degree) now that universities and colleges (and law schools), as well as the polity, are no longer interested in education? My answer, I guess, is there will be an increase in home schooling at the college level, and the re-emergence of the autodidact. Perhaps, the Irish Monks will once again save Western Civilization as the New Dark Age begins. Universities (including elite universities such as Yale and Chicago) and those who populate such institutions have lost their way, have lost their souls. This is not a new thought. I refer you to the Forward to Allan Bloom, The Closing of the American Mind: How Higher Education Has Failed Democracy and Impoverished the Souls of Today's Students (1987). Note the publication date, 1987. If a person graduated from college the year the book was published, that person would be at least 45-years-of-age today. So, Bloom is writing from the perspective of having already seen the generation of college students who occupy today's professoriate [] ; thus cutting off at the knees any arguments of the form it-was-better-when-I-was-a-student. The rotting had already begun more than two decades before Bloom's book saw publication. If today's professoriate received an impoverished, soulless education back then, what are they providing their students today?

Anyway, the Forward to the Bloom's book is written by the late, and clearly great, Saul Bellow. Here is an excerpt from the next to last paragraph:

"The heart of Professor Bloom's argument is that the university, in a society ruled by public opinion, was to have been an island of intellectual freedom where all views were investigated without restriction. Liberal democracy in its generosity made this possible, but by consenting to play an active pr 'positive, a participatory role in society, the university has become inundated and saturated with the backflow of society's 'problems.' Preoccupied with questions of Health, Sex, Race, War, academics make their reputations and their fortunes and the university has become society's conceptual warehouse of often harmful influences. Any proposed reforms of liberal education which might bring the university into conflict with the whole of the U.S.A. are unthinkable. Increasingly, the people 'inside' are identical in their appetites and motives with the people 'outside' the university. This is what I take Bloom to be saying . . . ."

In short, academia has breached its bargain with society. Academia is suffering the consequences of that breach. I would argue that Bloom, and Bellow as well, would argue that universities once were places where ideas and intellectual pursuits really mattered, but now universities are run by finance, marketing, and efficiency people with little or no interest in education, ideas, and the development of the intellectual. University students are increasingly taught not by teacher-researchers in search of some lower-case truth, but by teacher-researchers who are asking whether this or that project will make them more or less marketable, promotable, or tenurable. That is the say, those inside the university have sunk to the lowest common denominator of the masse. University professors are increasingly George Babbitts now. Professor George Babbitt sowing intellectual mediocrity into generations students. The core of a great university is its faculty. Unfortunately, in university after university across America, the faculties have abdicated their governance responsibility for comfort and financial security. Now that that American economy is is permanent decline and turmoil, now that those outside the gate are bombarding the university with criticism, now that people no longer see a meaningful difference in the business of education and the business of car manufacturing or banking, university faculties find themselves helpless, without intellectual leadership, without a soul. If the American automobile industry is to recover and thrive, then it must come up with a better business model and, among other things, results in the development and manufacturing of better cars. If university education is going to survive and thrive, it needs to replaced its current failed education model with one that once again values, among other things, education (as opposed to degrees), ideas (as opposed to mere opinions), and intellectual freedom (as opposed to anti-intellectual group think).

Respectfully,
Leonard Long

September 8, 2010

BETTER CAPITALIST THAN DEMOCRATS

Amar, Akhil Reed, The Constitution and Criminal Procedure: First Principles (New Haven & London: Yale U. Press, 1997) ("Here is where law professors come in. For one socially useful role of the not-for-hire academic should be to articulate long-run systematic values that the partisans and the temporary, self-interested agents will predictably slight. We have, for example, a rich academic law and economic literature decrying special-interest rent seeking--the honey subsidies, the grazing fee giveaways, and so on--but we lack an equally vigorous literature championing the common good over the special interest in jury law. Law professors have, in general, been better capitalists than democrats." Id. at 165.).

September 6, 2010

FOOD FOR THOUGHT FROM THE BOSTON REVIEW

Baker. Dean, Taking Economics Seriously (Boston Review Book) (Cambridge, Massachusetts & London, England: MIT Press, 2010) ("In general, political debates over regulation have been wrongly cast as disputes over the extent of regulation, with conservatives assumed to prefer less regulation, while liberals prefer more. In fact conservatives do not necessarily desire less regulation, nor do liberal necessarily desire more. Conservatives support regulatory structures that cause income to flow upward, while liberals support regulatory structures that promote equality. 'Less' regulation does not imply greater inequality, nor is the reverse true. Id. at 1-2. "False ideological claims have, thus, circumscribed the public debate over regulation and blinded us to the wide range of choices we have. Without these claims, what would guide regulatory policy? What kinds of choices would we make? In this book, I explore what shifting the terms of debate might gain us." Id. at 3. "The government is always present, steering the benefits in different directions depending on who is in charge. Accepting this view provides a political vantage point much better suited to the case for progressive regulation. After all, conservatives want the big hand of government in the market as well. They just want the handouts all to go to those at the top." Id. at 16.`).

Banererjee, Abhijit Vinayak, Making Aid Work (Boston Review Book) (Cambridge, Massachusetts & London, England: MIT Press 2007) ("[O]ne of the core problems with delivering aid: institutional laziness. Here many of the standard problems were not an issue . . . . All they had to do was to wait an extra few minutes it would take to fill out a simple form and learn about where aid had reached and where it had not. But no one could be bothered to put in the time it wold have taken to think harder about what they were doing. Aid thinking is lazy thinking." Id. at 7.).

Blix, Hans, Why Nuclear Disarmament Matters (Boston Review Book) (Cambridge, Massachusetts & London, England: MIT Press, 2008) ("The international community must revive disarmament and take advantage of the resources the U.N. offers. . . . As Dag Hammarskjold said, the U.N. will not take us to heaven but it might help us avoid hell." Id. at 72-73.).

Daly, Lew, God and the Welfare State (Boston Review Book) (Cambridge, Massachusetts & London, England: MIT Press, 2006) ("This book ultimately asks whether policies claiming religious inspiration are faithful to the teachings they invoke. It is also a book about the influence of ideas in policymaking--the intellectual genealogy of a major political change. Indeed, for anyone seeking to understand why philosophy matters in contemporary politics, there is no better case study than the faith-based initiative. For the first time, core theological principles of the Christian tradition have been systematically applied to federal administration and spending. 'We don't just talk about abortion or other specific issues,' one prominent advocate . . . explains. 'We want to ask about the nature of government'." "If there is hope in the faith-based initiative, it lies not in the program itself but in the ideas that guide it. Through a theological lens we can appreciate the deeper political significance of the faith-based initiative and understand how it betrays its founding ideas and ignores disturbing dimensions of their past. And this opens the door to a valuable debate on government, religion, and poverty that neither opponents nor proponents of religious involvement in public life are prepared to have." Id. at 9-10.).

Dayan, Colin, The Story of Cruel and Unusual (Boston Review Book) (Cambridge, Massachusetts & London, England, MIT Press, 2007) (From the back cover: "Those who condemn the treatment of prisoners at Abu Ghraib and Guantanamo have blamed U.S. military procedures and abuses of executive powers. But in The Story of Cruel and Unusual, Colin Dayan argues that anyone who has followed the U.S. Supreme Court's decisions regarding the Eight Amendment would recognize the [George W. Bush] White House's policies on torture as natural extensions of the language of our courts and practices in U.S. prisons." "Dayan traces the ideas of 'acceptable' prisoner abuse to the slave codes of the 19th century, which embedded the dehumanization of the incarcerated deeply in our legal system. Although the Eighth Amendment was interpreted generously during the late 1960s and 1970s, over the last 30 years, Supreme Court decisions have once again diminished crucial protections. Prisoners' actual suffering has been deemed less important than the intentions of those inflicting it.").

Ganji, Akbar, The Road to Democracy in Iran (Boston Review Book) (Cambridge, Massachusetts & London, England: MIT Press, 2008) ("[I]f the struggle for human rights is intertwined with the democratic struggle, then genuine social progress is possible." "Some in Iran in recent years have claimed that in the age of modernity there is a division of labor, and that intellectuals should not pay the price for what should be the people's own responsibility, or the responsibility of civic institutions that defend human rights. Yet we cannot, as some intellectual do, rely on concepts and institutions to absolve ourselves of moral responsibilities. Intellectuals must strive to lessen other people's pain, even though they suffer on this path. And they must live in a way that prepares them to tolerate and survive the pain of insult, exile, imprisonment, and even torture." Id. at 20-21.).

Gecan, Michael, After America's Midlife Crisis (Boston Review Book) (Cambridge, Massachusetts & London, England: MIT Press, 2009) (From the back cover: "For several decades Michael Gecan has worked with groups that serve their communities when conservative get-tough rhetoric and endless liberal programs do not cut it." "A native of Chicago . . ., Gecan brings his deep knowledge of that city's blighted neighborhoods, bloated bureaucracy, and venal political machine to bear on a thoroughgoing and nationwide critique. He paints a vivid picture of civic, political, and religious institutions in decline, from suburban budget crisis to failing public schools: a national midlife crises." "Gecan reveals an urban landscape in which careerism, nepotism, and greed are the principal movers in policy, while the institutions that preserve and advance communities--schools, churches, affordable housing, recreational opportunities--have fallen prey to the indifference of pols and developers and the shortsightedness of technocrats.").

Gornick, Vivian, The Men in My Life (Boston Review Book) (Cambridge, Massachusetts & London, England: MIT Press, 2008) ("Suddenly, literature, politics, and analysis came together, and I began to think more inclusively about the emotional imprisonment of mind and spirit to which all human beings are heir. In the course of analytic time, it became apparent that--with or without the burden of social justice--the effort to attain any semblance of inner freedom was extraordinary. Great literature, I then realized, is a record not of the achievement, but of the effort." "With this insight as my guiding light, I began to interpret the lives and work of women and men alike who had spent their years making literature. But it was in the lives of the men, especially, that one could see what it meant to wrestle with the demons. Here they were--talented, often brilliant, with infinitely more permission to do and be than women had ever known--and they were endlessly dragged about by conflicts they could neither give up nor bring under control. I could not but be moved--by the great and the humble alike--to pity and admiration for those who demonstrated repeatedly that to 'be and do' is not a given." Id. at x-xi.).

Hogeland, William, Inventing American History (Boston Review Book) (Cambridge, Massachusetts & London, England: MIT Press, 2009) ("Every spring vacation in the early 1960s, my mother took me and my brothers from New York City to Washington, D.C., and environs. . . . [W]e looked forward urgently to the National History Wax Museum." "The wax museum's thrills came from nothing more sophisticated than old-school verisimilitude. . . ." "Imagining: that's what history seemed too be for. Subtlety was out. Every event was in progress at its crucial moment. . . ." Id. at ix-x. "This book is about failings in what is sometimes called 'public history'--the history we encounter in museums and tourist attractions, in newspapers columns and election campaigns, in public broadcasting and popular biographies. The wax museums traded in crude drama, lurid and sometimes apocrypha;, greatest hits in conquest, expansion, war, and murder. Partly for that reason, it conveyed to a child the sense more of real realpolitik than of manifest destiny. That Indian trying to kill John Smith seemed righteously angry, Smith only lucky. What grim times those were, when children could be brought to gaze on a perfect rendering of a presidential assassination only a year or two old. There was no happy summing up, no celebratory lesson. We didn't emerge into the sunlight with a feeling that the world had been made safe for democracy. From John Smith to John Kennedy, the story, unabashedly, was one of violence." "Public history must simplify. What I criticize here is not simplification itself but the kind of simplification that erases our deepest conflicts." Id. at xii-xiii. ". . . I've had anew desire to imagine our past, and a new desire to look closely at it. Public history should try to help all of us imagine and look closely. Too often it tries to do just the opposite." Id. at xiv.).

Loury, Glenn C., Race, Incarceration, and American Values (Boston Review Book) (Cambridge, Massachusetts & London, England: MIT Press, 2008) (From the back cover: "The United States, home to 5 percent of the world's population, now houses 25 percent of the world's prison inmates. Our incarceration rate is almost 40 percent greater than our nearest competitors (the Bahamas, Belarus, and Russia). It is 6.2 times the Canadian rate and 12.3 times the rate in Japan." "Economist Glenn C. Loury argues that this extraordinary mass incarceration is not a response to rising crime rates or a proud success of social policy, but the product of a generation-old collective decision to become a more punitive society. He connects this policy to our history of racial oppression, showing that the punitive turn in American politics and culture emerged in the post-civil rights years and has today become the main vehicle for the reproduction of racial hierarchies." "Whatever the explanation, the uncontroversial fact is that we have create a nether class of Americans with severely restricted rights and life changes. Our system, Loury contends, should be unacceptable to Americans; his call to action make all of us responsible for ensuring that it changes.").

Meyer, Stephen M., The End of the Wild (Boston Review Book) (Cambridge, Massachusetts & London, England: MIT Press, 2006) ("Today the guiding hand of natural selection is unmistakably human, with potentially Earth-shaking consequences." "Over the next 100 years or so as many as half the Earth's species, representing a quarter of the planet's genetic stock, will functionally if not completely disappear. The land and the oceans will continue to teem with life, but it will be a peculiar homogenized assemblage of organisms unnaturally selected for their compatibility with one fundamental force: us. Nothing--not national or international laws, global bio-reserves, local sustainability schemes, or even 'wildlands' fantasies--can change the current course. The broad path for biological evolution is now set for the next several million years. And in this sense the extinction crisis--the race to save the composition, structure, and organization of biodiversity as it exists today--is over, and we have lost." Id. at 4-5.).

Miguel, Edward, Africa's Turn? (Boston Review Book) (Cambridge, Massachusetts & London, England: MIT Press, 2009) (analysis of aid to, or investment is, Africa).

Stone, Alan A., Movies and the Moral Adventure (Boston Review Book) (Cambridge, Massachusetts & London: MIT Press, England, 2007) (exploring, through film, what it means to be human).

Tomasello, Michael, Why We Cooperate (Boston Review Book) (Cambridge, Massachusetts & London, England: MIT Press, 2009) ("I will argue and present evidence that from around their first birthdays--when they first begin to walk and talk and become truly cultural beings--human children are already cooperative and helpful in many, though obviously not all, situations. And they do not learn this from adults; it comes naturally. . . . But later in ontogeny, children's relatively indiscriminate cooperativeness becomes mediated by such influences as their judgments of likely reciprocity and their concern for how others in the group judge them, which were instrumental in the evolution of humans' natural cooperativeness in the first place. And they begin to internalize many culturally specific social norms for how we do things, how one ought to do things if one is to be a member of this group. . . ." Id. at 4.).

September 5, 2010

AMERICAN PARANOIDS

Wilson, James Q., Bureaucracy: What Government Agencies Do and Why They Do It (New York: Basic Books, 1989) ("Americans always entertain the suspicion that the government is doing something mischievous behind their backs and greet with outrage any indication that important decisions were made in a way that excluded any affected interest, no matter how marginal." Id. at 304.)

September 1, 2010

DESIGN, TRUTH, and KNOWLEDGE AS AUTHORITY

Grudin, Robert, Design and Truth (New Haven & London: Yale U. Press, 2010) ("There is, finally, the relationship between design and truth. Because our designs convey solid meaning, and because they interface between us and the world, they must tell us the truth about the world and tell the world the truth about us. A well-designed hoe speaks the truth to the ground that it breaks and, conversely, tells us the truth about the ground. The same can be said about any product of invention, be it mechanical, like a car, or intellectual, like a speech. Good design enables honest and effective engagement with the world. Poor design is symptomatic either of inadequate insight or of a fraudulent and exploitative strategy of production. If good design tells the truth, poor design tells a lie, a lie usually related, in one way or another, to the getting or abusing of power." Id. at 8. "In a knowledge-based economy, respect must be awarded to the knowledgeable, no matter what their level of seniority. This presupposes a management structure flexible enough to let a junior colleague set the agenda if he or she carries moral authority on the day's topic." Id. at 159.).