The gimmick behind most Supreme Court decisions is to find a set of circumstances that allows the Court to kick a can down the road rather than to settle a large outstanding issue even if the Court does shift slightly the balance between obdurate public interests. I would call this doctrine of constitutional interpretation “consequentialism” because the Court becomes legitimately, in its own lights, concerned with the consequences of its decisions more than it is with the particular legal reasoning it engages in. So much for “textualism” or “originalism” or even “moral principle” as serving as the basis of Supreme Court decisions. The exceptions to consequentialism are very rare and they are often cited. Brown v. Board of Education was understood as a departure from consequentialism but understood as necessary because to uphold Jim Crow in schools was simply beyond the pale after the Second World War, and even Roe v. Wade, a notable non-consequentialist decision, hedged its bets by insisting that women had to consult their doctors before having an abortion, which is something that has now been superceded so that it is purely the woman’s decision whether she should have an abortion. The doctor doesn’t get to say whether it is a wise decision.
Read MoreNational Styles of Moviemaking
National styles in movie making predominated during the Silent Era. You could tell the nation in which a movie was made without referring to the opening titles or the street signs. Themes important to the culture of each nation accompanied the distinctive craftsmanship. The important point is that those styles and themes have not changed in the decades since. That is worth remarking on, given that so much is made of how film has become different from what it was because of technological innovation and the importance of the Hollywood-raised dollar. Well, just as there are still national styles in novels, even though novels are translated into at least the major world languages, there are still national styles in films.
Read MoreMonuments and Politics
This is going to be a long hot summer. The coronavirus is not going away and there is no plan to deal with it until Joe Biden, should he be elected, puts one in place, the current President having no plan other than denial. The public protests that started with the death of George Floyd seem not to be abating, though they eventually and inevitably will, with nothing to show for it, because the Republicans think that they can wait the protesters out, which is the way they handled protests against mass shootings, and so no legislation will get passed to decrease police brutality until Joe Biden gets elected with a Congress that will support him. The economy may rebound a bit, as is indicated by all the traffic on the roads in New York City, people commuting to their jobs and probably avoiding mass transit as a way to do that. But those who are running out of money, which means workers and restaurants and those who own the office buildings where the businesses have switched over to telecommuting, suggests that the road to economic recovery is very rocky and likely to be long, at least until Joe Biden comes up with a plan on how to develop a new economy for post epidemic times, including how to revamp research and forecasting so that we are not caught so badly when the next pandemic rolls around. Meanwhile, what do we do until the election rolls around and we get to see if that is conducted fairly so that the winner can seem legitimate? That is a problem we have never had before, given that elections were conducted fairly in the midst of a Civil War and during the Second World War.
Read MoreSargent's Late Style
John Singer Sargent earned for himself fame and fortune as a painter of realistic portraits of society ladies adorned in fashionable and elaborate dress and carefully posed so that the viewer of the painting knew that they were posed. After that period, which covered about the last two decades of the Nineteenth Century, and after which time Sargent was known as a painter of the previous generation, he tried to reinvent his style, however much, when he went back to doing an occasional portrait, he returned to his original realistic style. The new style was to be a take on Impressionism, and it did not catch on, however much he worked at it. Now, there are other great painters who are able to develop alternative styles that are impressive, Picasso and Matisse among them, Picasso, in fact, inventing a new style every decade of his career, but that was not to be for Sargent, and so his efforts in that direction draw attention to how difficult it is to think up a new way of seeing especially after having so thoroughly mastered a previous one.
Read MoreGold Diggers
There were musicals both in movies and on Broadway that told tales of social significance before the song “Sing Me a Song of Social Significance” appeared in 1937 in the Broadway musical “Pins and Needles”. They go back, of course, to Kern and Hammerstein’s “Showboat” and even King Vidor’s silent movie, “Hallalujah!”, a film that takes the form of a musical of the sort that will be discussed here as much as it also embellished the form of the documentary. There are images of stooping field hands interspersed with images of rousing Church choirs that leave you asking which one of these is the true life of Negroes in the South. Forget about Gershwin’s “Of Thee I Sing” whose relation to politics is to the clichés told about politicians, and so is somewhat like Kaufman and Hart’s “Merton of the Movies”, which is a satire on the conventions of Hollywood as they are known from what were then the already well established conventionalized portrayals of Hollywood. First rate political satire such as is found in “Mr. Smith Goes to Washington” or in “Primary Colors” does not readily yield itself to the musical form because its métier is the rapture caused by political rhetoric, which has rhythms all its own.
Read MoreTrue Lies
Immanuel Kant is a philosopher who is easily parodied as the one who thought people should tell the truth in all circumstances, no matter what, because only in that way would a person be treating himself and those he was talking to as full human beings. You should even reveal the whereabouts of a friend to the murderer who comes to your door asking where your friend is. Kant had obviously never heard of the Gestapo.
Not so fast. Kant's depiction of moral life makes sense if we compare his description of true lies—lies that are truly lies—with something else that is closely akin to true lies: white lies, the kinds of things people do all the time and which are regarded as necessary evasions that help move life along without doing great damage to our stature as moral beings. Consider the following examples of white lies that are drawn not from fiction but from social transactions in which I was myself involved.
Read MorePop Art Jokes
Andy Warhol wasn’t the only artist of the mid Twentieth Century who broke out of the era of Abstract Expressionism, which had lasted, after all, for only about twenty years, by painting objects that were found all around us in the consumerist culture recognized by the thinkers of the time and in ways that led to ready duplication by all the technology of the mechanical revolution. It was just that Warhol was expert at merchandising himself, which was perfectly appropriate a way to unify production with the meaning of his product, though one can claim that all artists, back to those recorded in Vasari, were up to the same task of projecting their names and reputations and in competition with one another for fame and money. Here are three other pop artists worth notice and from whose works we can assess the purely artistic strengths and shortcomings of their movement.
Read MoreOld and New Protests
Rather than think of the current protests in isolation, compare them to the protest that went on during the Sixties. There was, then, much more damage to property, and a far greater impact on social structure. This time the protests are aimed at revising police policies so that they are less brutal without requiring any large scale change in the way society is ordered. Back in the Sixties, demonstrations that led to the burning down of large parts of downtowns, usually those inhabited by African Americans, and that required significant presence of the National Guard in a number of states for a number of weeks, was part of the movement to change American society as a whole so that its Black citizens would no longer be members of an inferior caste but understood as an ethnic group like any other ethnic group in American society. The stakes were bigger and the outcomes more significant. It is a shame that sixty years later, it is that same ethnic group that is at the forefront of national concern, portrayed by some as victims or heroes and by others as troublemakers. That we have not moved further on in black-white relations shows just how much slavery was our original sin. America has not yet found a way to put race behind it.
Read MoreThe Importance of Lady Windermere's Fan
What might seem a failure of plot structure in Oscar Wilde’s “Lady Windermere’s Fan” is, in fact, a key to understanding the play. There are numerous occasions on which the characters in the know are about to break the truth of Lady Windermere’s birth to her so that she will put a stop to some very self-destructive behavior. She is about to go off with a man not her husband because she thinks her husband has been unfaithful to her with a woman who is in fact her mother and who has been supported by Lord Windermere so that she can find herself a suitable match and so put an end to her years of wandering about the Continent as a fallen woman who had apparently turned to her wiles as the way to support herself.
Read MoreDefunding the Police
Defunding the police is a policy initiative that has arisen in recent days perhaps because of the exuberance of protesters who see that the protests have sustained for a while now and so want to implement something that will really change the lives of people in their communities as well as settle old grievances held in their communities. So the idea of funding new programs that aren’t all that new is yoked with taking revenge on the institutional oppressors, the police, by hitting them where they can be hurt, in their funding. But this is a very bad policy initiative. It does not stand up to scrutiny and so Joe Biden was correct to deny any interest in it right away and not just because Trump wanted to pin the policy on him.
Read MoreOpinions on the Current Demonstrations
Opinion is a burden. If I have an opinion about something, whether a Presidential candidate, or when is the right time to reopen the economy, or whether the protesters in the street are correct even though looting is going on under the cover of protest, then I am responsible for saying why that is plausible to me or even just feel the emotion that goes along with the opinion and so attest to the validity of that insight even if I cannot explain it. Time can tell whether my opinion was correct or not and so an opinion is a forecast, as when one says bad people receive their just deserts, even if proof or refutation is never unambiguous. I am rooting for the future to be one way or another, to support or negate my opinion, and so I am always, as an opinionator, making a gamble on the future and that can render me tense, because I could be wrong about the future, while to be liberated from opinion means that I do not have to worry about the future. I can just watch it play out, proceed as it will, me a bystander rather than a participant. Being without opinions is therefore to no longer carry everywhere Kant’s burden of responsibility, life one set of obligations after another, even if there are also judgments of taste that people also make, but those have no cost, in that whether you prefer Schiller to Lessing makes no difference unless you mix with a set of people who think taste has a moral gravity. Rather, to be without opinion is to leave to history and, more directly, the knowledge of experts, how to proceed from here. They will know when to open up the economy if anyone knows because it is a technical matter rather than a moral one or open to everyday reason, and the unfolding statistics will tell if they are wrong or right. As a citizen, I am entitled to my opinions, but they are relevant only at election time or when a profound change of group opinion takes place, as happens when people may, now, at this moment, come to think that occasional instances of police brutality are not to be swept aside but are perhaps part of the continued subjugation of black people.
Read MoreThe Essential Forces
What is the fundamental process that governs social or physical existence? This is a very old sounding question in that the Greeks wondered which of the four elements predominated in the makeup of the world. Was it air, fire, earth or wind? And, later on in the ancient world, there was a search for the greatest good, the most perfect emotion. Was it stoicism or cynicism or pleasure? Far from being put away, this same question crops up in modern thought. When I was a graduate student, people discussed whether Hobbes had found out the true secret of social life, that the fundamental force was violence; that was what guaranteed social order and so economic forces and other social forces paled in comparison with the ability of violence to dominate the scene. Hobbes had discovered not invented a solution, never mind that Hobbes thought reason rather than violence governed human interaction or that violence is useful under certain conditions but that under other circumstances money and prestige are more important motivators. People die for their country for a reason and arms merchants are motivated by greed. Violence is useful only when there is anarchy in the air or when there is foreign invasion or there is a crime of passion.
Read MoreThe Current Riots
When the worst riots since those of the Sixties broke out only a week ago, I thought that I was ahead of the curve by opineing to friends that outside agitators were behind them. However much I dislike conspiracy theories, in that I did not think either the left or the right had brought down JFK, even though there did seem some money behind James Earl Ray, the assassin of MLK, so that he could temporarily avoid capture, this time the pattern seemed to be clear. In many cities across the country with not enough time for the rioting to mushroom beyond Minneapolis, there were peaceful demonstrations in the daytime and evening followed by arson and looting in the night by people who were unknown to the local community and who did not identify themselves. That has since become the standard explanation provided by the media, whose interviews of peaceful protestors tell them the arsonists and looters are shadowy figures. I speculate that they are leftists or rightists or agent provocateurs employed by the Russians, who mean us no good and are availing themselves of a tactic well known to the Czarist regime and afterwards. This theory has been picked up by the Trump administration, though they are careful to accuse only the left wing Antifa and not white nationalists of being the perpetrators.
Read MoreHammett's Thugs
Dashell Hammett and Lillian Hellman were known to have kept their Stalinist sympathies long after such sentiments were no longer in fashion, which is close to what Hellman said in her defense during her appearance before the House Un-American Activities Committee. Hellman’s Stalinism is clear in her writing. Her “Watch on the Rhine”, which gained fame for its prematurely anti-Fascist sympathies, to adapt another phrase that had weight in its time, should also be remembered for its major plot device: an ostensibly all American family becomes involved in a plot to murder a Nazi envoy, despite the fact that committing political murder is illegal in the United States, as well as a violation of the spirit of the national political culture, even if the play provides prudent motives for doing so. Hellman approves of thuggery as sometimes moral. It is a necessary means to a good end: participating on the right side of a world wide war that at the time happened to be undeclared. By that reasoning, anti-Communists would have been in their rights, some fifteen years later, to kill her. Politics may go in and out of fashion, but American political principles, I like to think, are for the long run. It is better for Jews and Arabs to live together in peace in Brooklyn than to carry over to here the conflicts that inflame some other region of the world.
Read MoreThe Talking Pineapple
Back in the old days, before the coronavirus, educational policy that is nowadays about how to open schools at all and what are the tradeoffs between distance learning and classroom learning, was about whether standardized testing was a good thing. Everybody, apparently, except those who make money off of them, was against standardized testing, though for different reasons. Most teachers and administrators criticized the tests for the burden they placed on teachers to raise the test performance of students ill equipped to take such tests, the teachers getting blamed if kids didn’t do better than students with the same demographic characteristics had done in the past. And that is not to speak of the unreliability of the tests. Reformers, on the other hand, criticized the tests for not allowing teachers to teach the students as they are or in creative ways, the tests measuring minor skills rather than the overall intellectual growth of a child, something that may not show up until years later.
Read MoreSilences
There was a newspaper report of an armed gunman who said, when told by his victim that it was a policeman that he was holding up, “You know, now I have to kill you.” That is the stuff of gangster melodrama, and may even be true. The exchange reminded me of “The Asphalt Jungle”, John Huston’s film noir movie of 1950, which was a remarkable movie because, among other things, it violated the movie convention whereby people who have others at gunpoint keep talking until the person with the gun pulled on him finds a way out of the situation. Rather, Louis Calhern just starts to sweat and lose his game face as he realizes that his erstwhile comrades in crime are going to kill him. However much they talk, the gangsters in “The Asphalt Jungle” don’t talk about what they are doing while they do it.
Why does the movie convention violated by “The Asphalt Jungle” make sense? Why do characters say what they are going to do rather than just do it? That is the same thing as asking why such dialogue occurs in real life, because the movie convention is simply exploiting and adopting a usage of everyday life, in that dramatic tension arises from whether an assailant will speak or not. So why did the gunman in the newspaper report act the way he did? (Here, I am engaged in applying Georg Simmel’s dictum, which is contrary to the accepted wisdom, that the sociologist can analyze fiction as well as real situations because both make use of the formal properties of social life.)
Read MoreTime Sets
A time set is the number of moments that are tied together because of a place or an occasion. We all deliberately refer to time sets when we celebrate birthdays and Thanksgiving. We for a moment remember when a child was born or what it was like at the first Thanksgiving, or at least the way we are taught about what had happened then. Every June Sixth, I remember D-Day and also recall the decreased attention it has garnered over the years. The contemplation of a time set does wonderful things for our imaginations.
Read MoreConsumerism and the Pandemic
According to the visuals and the commentary in the media, people want back their bars and beaches. They also want back auto racing and baseball even if there are no crowds in the stands. This goes contrary to what health specialists are saying, which is that opening up the economy will lead to an increase in the number and rate of deaths from coronavirus. It may be that people are willing to pay in lives lost for their pleasures, whether those are haircuts or tattoos or hanging out on crowded streets. The problem, however, is that this is more than an economic argument, in which case it would refer to the fact that all those people unemployed as a result of the shutdown need to be rehired so that they can put food on their tables. It goes deeper than that. I have heard people protesting in front of state legislatures that they are losing their liberties, that they are being imprisoned, which is a passionate and meaningful plea despite the fact that health emergencies have always been regarded as problems that can be subject to the intervention of state authorities who can order quarantine or keeping the bodies of plague victims in a house that included uncontaminated people until the time of the regularly scheduled pickups of corpses arrived, and also that I don’t know any provision in the Constitution that says that you have a right to infect other people with your diseases. Yes, coronavirus has deprived people of their liberty without due process of law, but this is a special kind of liberty, not the political kind which is what the Constitution refers to. Now what is this liberty that the protesters and I are speaking of?
Read MoreThe Triple Heresies and the Western World
There is an even broader claim that can be made about my thesis that social movements have three generic types, the Manichaen, the Donatist and the Arian, those terms adopted from three major Christian heresies. Christianity doesn’t just provide names for and historical examples of the three strands inherent in any social movement. It is that a social movement is not a formal idea, something inherent in the nature of social behavior. Rather, a social movement is an historical invention, and it was invented only once, by Christianity, because of some inherent feature of Christianity, which is that it can generate, out of its own religious and intellectual resources, these three kinds of heresies or specialized understandings of the overall doctrine and experience of the religion.
Read MoreRegional Museums
Cultures reside in formal institutions designed for their preservation. Whether those are newspapers or universities or secondary schools or church congregations or seminaries or legal systems, they are all self conscious about the need to protect the past by finding ways in which it relates to the present. The United States Supreme Court defends and protects the Constitution of the United States by giving it often quite controversial interpretations, just as English professors defend and protect the canon of great literature by finding new interpretations for old texts, by understanding how the texts fit into their own time and place, and by making room for new texts, so that American literature anthologies now include a number of African American writers.
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