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☐ ☆ ✇ The Homebound Symphony

By: ayjay — July 4th 2023 at 10:18

George Orwell, review of Mein Kampf (1940):

Nearly all western thought since the last war, certainly all “progressive” thought, has assumed tacitly that human beings desire nothing beyond ease, security and avoidance of pain. In such a view of life there is no room, for instance, for patriotism and the military virtues. The Socialist who finds his children playing with soldiers is usually upset, but he is never able to think of a substitute for the tin soldiers; tin pacifists somehow won’t do. Hitler, because in his own joyless mind he feels it with exceptional strength, knows that human beings don’t only want comfort, safety, short working-hours, hygiene, birth-control and, in general, common sense; they also, at least intermittently, want struggle and self-sacrifice, not to mention drums, flags and loyalty-parades. However they may be as economic theories, Fascism and Nazism are psychologically far sounder than any hedonistic conception of life. The same is probably true of Stalin’s militarised version of Socialism. All three of the great dictators have enhanced their power by imposing intolerable burdens on their peoples. Whereas Socialism, and even capitalism in a more grudging way, have said to people “I offer you a good time,” Hitler has said to them “I offer you struggle, danger and death,” and as a result a whole nation flings itself at his feet. Perhaps later on they will get sick of it and change their minds, as at the end of the last war. After a few years of slaughter and starvation “Greatest happiness of the greatest number” is a good slogan, but at this moment “Better an end with horror than a horror without end” is a winner. Now that we are fighting against the man who coined it, we ought not to underrate its emotional appeal.

☐ ☆ ✇ The Homebound Symphony

By: ayjay — July 3rd 2023 at 17:43

Would I like to ride on a 1938 London Underground train? Yes I would.

☐ ☆ ✇ The Homebound Symphony

reading SCOTUS

By: ayjay — June 30th 2023 at 18:29

Some facts: 

  • Very few Americans even know what the Supreme Court does; fewer still care. 
  • Not all those who care know. 
  • Among those who care, 99% — including every single journalist in America — have one simple criterion for evaluating SCOTUS decisions: If they like the outcome, it’s a good decision; if they dislike the outcome, it’s a bad decision. 
  • It’s utterly impossible to make such people understand that the Supreme Court always should be and often is bound to issue decisions based on the Constitution and existing law (when such law is itself consistent with the Constitution); sometimes justices issue or endorse judgments they’d rather not issue. 

I’m here for the tiny fraction of 1% of Americans who can grasp that the interpretation of law, including the Constitution itself, is very difficult, especially when you have more than 200 years of precedent to reckon with. Often precedents are inconsistent with one another; previous Supreme Court decisions can be unclear, some of them right from the beginning and others in light of social and political developments that came after they were issued; very few cases make it to the Supreme Court if there are not defensible claims on both sides — if they were easy, they’d have been settled in lower courts, and SCOTUS wouldn’t have agreed to hear them at all. 

Students for Fair Admissions, Inc. v. President and Fellows of Harvard College is a fascinating case, and the opinions, concurrences, and dissents — all 237 pages of them — provide an extraordinary education in the social as well as the legal consequences of hundreds of years of American racism, and in the enormous complications introduced into our system by the arrival in America of large numbers of people who are neither white nor black.

(I’m setting aside, for the moment, Native Americans, who have been a dramatically special case from the beginning — as can be seen in SCOTUS cases from this very term, most notably Haaland v. Brackeen. See this NYT piece on Justice Gorsuch’s passionate commitment to Native American rights.) 

I don’t know how you could read the Harvard/UNC case and think that these matters are easily resolved. Those who can’t be bothered to read the details of the case may well find it easy, but then, most issues on most subjects are easy to the uninformed. This is one of those cases in which every argument (opinion, concurrence, dissent) seems convincing — when read in isolation from the others. 

I’m working my way through the whole thing, and already have a thousand thoughts. I may report later. But in the meantime, I would just encourage those of you who haven’t read the case, and especially those of you who won’t read the case, to give up the luxury of having an opinion about it. 

☐ ☆ ✇ The Homebound Symphony

Thomas Pynchon, America’s Theologian

By: ayjay — June 30th 2023 at 13:56

Today is the pub day for the longest essay I’ve ever published: “The Far Invisible: Thomas Pynchon as America’s Theologian.” (It’s paywalled, but of course you’ll want to subscribe.) 

How seriously do I mean my claim that Pynchon is a theologian? Is it a substantive claim or a provocation? I mean it pretty seriously. 

Here’s how I would put it: Emmanuel Levinas famously argued that “ethics is first philosophy” – it is in ethics that philosophy should and indeed must begin. So, what is first theology? The answer to that question might not always be the same; it might vary by time and place. So I say that in our moment suspicion is first theology – a double suspicion, first that the rulers of this world are not the beneficent guides that they claim to be, and second that the world they rule is not the sum of things. (As Wendell Berry puts it, there are two economies, the market economy and the Kingdom of God.) Such suspicion is thus, in an endless doubling, skeptical and hopeful. These are also the two modes of prophecy, it seems to me. 

This first theology is not, and cannot be, the whole of theology; but even Aquinas and Barth could not do the whole of theology, and we shouldn’t demand it of any theologian. I argue that Pynchon is our best guide to where and how theology in our time must begin; and one way to think of the task of theology for Christians is to ask what theological project should follow the one that Pynchon has inaugurated. 

For those of you who are new to Pynchon — especially those who are intimidated by the thought of reading him — I’ve written an introductory guide just for you

Finally (for now), just a couple of connections: I might want to put Pynchon in conversation with

Much more to do here! 

☐ ☆ ✇ The Homebound Symphony

By: ayjay — June 29th 2023 at 19:41

The best thing you are likely to read about the Supreme Court affirmative action decision — or rather the response to it — is Freddie’s take. Two points strike me as especially important: first, that the whole kerfuffle is a distraction from any actually meaningful racial politics in this country, since a candidate who has to go to Columbia or Amherst rather than Harvard is not exactly a victim; and second, that there’s a massive media freakout about this because so many people in our media are the products of elite universities. Several decades ago, when most journalists attended mediocre universities or, often enough, were not even college educated, we would have had a chance to have this story like this presented with some fresh, clear, well-seasoned perspective. But our journalists haven’t had any of that commodity on hand for a long, long time.

☐ ☆ ✇ The Homebound Symphony

the system

By: ayjay — June 29th 2023 at 10:21
chancery

I’m going to begin by quoting a very long passage from Bleak House, one involving a suitor in the court of Chancery, generally known as “the man from Shropshire,” an oddity who in every session cries out “My Lord!” – hoping to get the attention of the Lord Chancellor; hoping always in vain. His name is Mr. Gridley and Esther Summerson relates an encounter with him:

“Mr. Jarndyce,” he said, “consider my case. As true as there is a heaven above us, this is my case. I am one of two brothers. My father (a farmer) made a will and left his farm and stock and so forth to my mother for her life. After my mother’s death, all was to come to me except a legacy of three hundred pounds that I was then to pay my brother. My mother died. My brother some time afterwards claimed his legacy. I and some of my relations said that he had had a part of it already in board and lodging and some other things. Now mind! That was the question, and nothing else. No one disputed the will; no one disputed anything but whether part of that three hundred pounds had been already paid or not. To settle that question, my brother filing a bill, I was obliged to go into this accursed Chancery; I was forced there because the law forced me and would let me go nowhere else. Seventeen people were made defendants to that simple suit! It first came on after two years. It was then stopped for another two years while the master (may his head rot off!) inquired whether I was my father’s son, about which there was no dispute at all with any mortal creature. He then found out that there were not defendants enough—remember, there were only seventeen as yet!—but that we must have another who had been left out and must begin all over again. The costs at that time — before the thing was begun! — were three times the legacy. My brother would have given up the legacy, and joyful, to escape more costs. My whole estate, left to me in that will of my father’s, has gone in costs. The suit, still undecided, has fallen into rack, and ruin, and despair, with everything else — and here I stand, this day! Now, Mr. Jarndyce, in your suit there are thousands and thousands involved, where in mine there are hundreds. Is mine less hard to bear or is it harder to bear, when my whole living was in it and has been thus shamefully sucked away?”

Mr. Jarndyce said that he condoled with him with all his heart and that he set up no monopoly himself in being unjustly treated by this monstrous system.

“There again!” said Mr. Gridley with no diminution of his rage. “The system! I am told on all hands, it’s the system. I mustn’t look to individuals. It’s the system. I mustn’t go into court and say, ‘My Lord, I beg to know this from you — is this right or wrong? Have you the face to tell me I have received justice and therefore am dismissed?’ My Lord knows nothing of it. He sits there to administer the system. I mustn’t go to Mr. Tulkinghorn, the solicitor in Lincoln’s Inn Fields, and say to him when he makes me furious by being so cool and satisfied — as they all do, for I know they gain by it while I lose, don’t I? — I mustn’t say to him, ‘I will have something out of some one for my ruin, by fair means or foul!’ HE is not responsible. It’s the system. But, if I do no violence to any of them, here — I may! I don’t know what may happen if I am carried beyond myself at last! I will accuse the individual workers of that system against me, face to face, before the great eternal bar!”

His passion was fearful. I could not have believed in such rage without seeing it.

Now, please bear Mr. Gridley, and his rage, in mind as I turn to George Orwell’s great essay on Dickens. It’s possibly the finest thing ever written about Dickens – even though it’s often wrong – and is a wonderful illustration of Orwell’s power of inquiring into his own readerly responses. (A topic for another post.) 

The first point I want to call attention to is this: Orwell was of course a socialist, a person who believed that British society required radical change; and there were people who saw Dickens as a kind of proto-socialist. This, Orwell points out, is nonsense on stilts. If you want to know what Dickens thinks about revolutionary political movements, just read A Tale of Two Cities. He’s horrified by them.

Orwell then goes on to note that Dickens’s early experiences as a reporter on Parliament seem to have been important for shaping his attitude towards government as a whole: “at the back of his mind there is usually a half-belief that the whole apparatus of government is unnecessary. Parliament is simply Lord Coodle and Sir Thomas Doodle, the Empire is simply Major Bagstock and his Indian servant, the Army is simply Colonel Chowser and Doctor Slammer, the public services are simply Bumble and the Circumlocution Office — and so on and so forth.”

Such a man could never be a socialist. And yet, “Dickens attacked English institutions with a ferocity that has never since been approached.” So what is the nature of this attack?

The truth is that Dickens’s criticism of society is almost exclusively moral. Hence the utter lack of any constructive suggestion anywhere in his work. He attacks the law, parliamentary government, the educational system and so forth, without ever clearly suggesting what he would put in their places. Of course it is not necessarily the business of a novelist, or a satirist, to make constructive suggestions, but the point is that Dickens’s attitude is at bottom not even destructive. There is no clear sign that he wants the existing order to be overthrown, or that he believes it would make very much difference if it were overthrown. For in reality his target is not so much society as ‘human nature’. It would be difficult to point anywhere in his books to a passage suggesting that the economic system is wrong as a system. Nowhere, for instance, does he make any attack on private enterprise or private property. Even in a book like Our Mutual Friend, which turns on the power of corpses to interfere with living people by means of idiotic wills, it does not occur to him to suggest that individuals ought not to have this irresponsible power. Of course one can draw this inference for oneself, and one can draw it again from the remarks about Bounderby’s will at the end of Hard Times, and indeed from the whole of Dickens’s work one can infer the evil of laissez-faire capitalism; but Dickens makes no such inference himself. It is said that Macaulay refused to review Hard Times because he disapproved of its ‘sullen Socialism’. Obviously Macaulay is here using the word ‘Socialism’ in the same sense in which, twenty years ago, a vegetarian meal or a Cubist picture used to be referred to as ‘Bolshevism’. There is not a line in the book that can properly be called Socialistic; indeed, its tendency if anything is pro-capitalist, because its whole moral is that capitalists ought to be kind, not that workers ought to be rebellious. Bounder by is a bullying windbag and Gradgrind has been morally blinded, but if they were better men, the system would work well enough that, all through, is the implication. And so far as social criticism goes, one can never extract much more from Dickens than this, unless one deliberately reads meanings into him. His whole ‘message’ is one that at first glance looks like an enormous platitude: If men would behave decently the world would be decent.

And here’s what I love about Orwell: he says that Dickens’s position “at first glance looks like an enormous platitude” – but he is not content with a first glance. He continues to think about it, and as he does he realizes that Dickens, after all, has a point. This I think is the most extraordinary moment in the essay:

His radicalism is of the vaguest kind, and yet one always knows that it is there. That is the difference between being a moralist and a politician. He has no constructive suggestions, not even a clear grasp of the nature of the society he is attacking, only an emotional perception that something is wrong, all he can finally say is, ‘Behave decently’, which, as I suggested earlier, is not necessarily so shallow as it sounds. Most revolutionaries are potential Tories, because they imagine that everything can be put right by altering the shape of society; once that change is effected, as it sometimes is, they see no need for any other. Dickens has not this kind of mental coarseness. The vagueness of his discontent is the mark of its permanence.

Most revolutionaries are potential Tories – that is, their revolutionary sensibility would erase itself if they could just get Their Boys into power. Once they and people like them are in charge, then they will do anything they can to thwart change. But what that means is: Meet the new boss, same as the old boss. (As I note in this essay, following Ursula K. LeGuin, even an anarchist society would have its petty tyrants.) Most would-be revolutionaries ignore this problem, but “Dickens has not this kind of mental coarseness.” And that’s why he’s vital.

This point takes us back to the man from Shropshire, Mr. Gridley. He will not be calmed by invocations of “the system,” the broken system in which everyone is trapped. The Lord Chancellor is not trapped as he is trapped. The Lord Chancellor is not a victim as he is a victim. The people who enable the system, and profit from it, must be held accountable – or nothing important will change. The salon of politics will only be redecorated. So: “I will accuse the individual workers of that system against me, face to face, before the great eternal bar!”

And this, Orwell suggests, is what the novelist can do, what the novelist can bring before our minds and lay upon our hearts. Some political systems are clearly superior to others; but Dickens understands that whatever political system we build, its chief material will be what Kant called “the crooked timber of humanity,” of which “no straight thing was ever made.”  To force us to look at that truth — which, properly understood, will result not in political quietism but a genuine and healthy realism — is what the novelist can do for us. “That is the difference between being a moralist and a politician.” The novelist-as-moralist has the power to drag the individual workers of the system, any system, “before the great eternal bar” — but not God’s bar as such, which is what Mr. Gridley means, but rather, the bar of our readerly witness, our readerly judgment, whoever and whenever we are.  

☐ ☆ ✇ The Homebound Symphony

Counterman implications

By: ayjay — June 28th 2023 at 13:05

IMG 0127

Arguing with Supreme Court opinions, as one does — in this case Counterman v. Colorado. Now, let me be quick to say that the comment I am making above is really irrelevant to the case, because almost nothing in the opinion or the dissent is about what Counterman did or didn’t do — it’s almost exclusively an in-house debate about what criteria should be used to determine whether given speech-acts are or are nor protected by the First Amendment right to freedom of speech. Basically, the judgment of the Court could be summarized thus: “Hey Colorado, you went after Counterman by claiming that he was making ‘true threats’ and further arguing that one should use a reasonable-person standard to decide what makes something a true threat, but you went about it all wrong. The guy may well be guilty of something, but the particular argument you made against him is inconsistent with First Amendment protections, so we’re going to vacate your decision and send it back to you. Please do better in the future.” So now Colorado has to decide whether to try Counterman again using a different set of standards. 

I think this decision will be really consequential in the long term. For now just a handful of thoughts: 

  1. Kagan’s opinion is poorly-reasoned and — this is really surprising, because she’s usually the Court’s most elegant stylist — poorly written. It’s a tired opinion: when she acknowledges Barrett’s dissent she claims that one argument “falls flat” without saying why it falls flat, and claims that one case Barrett invokes is a “poor analog” without saying why it’s a poor analog. 
  2. I think this may be because the opinion simply tries to do too much. (This is Sotomayor’s complaint in her partial concurrence: You could have just stopped after declaring the “recklessness” standard the proper one to apply here.) Kagan gets deep into the weeds by looking at several different standards that might be applied in different contexts to determine what forms of speech are unprotected by the First Amendment. Barrett’s dissent also gets into those weeds, but invokes different standards than the ones that Kagan prefers. After a while the Counterman case altogether disappears from view. 
  3. I don’t think the majority opinion is intended to empower stalkers, harassers, and trolls, but that’s exactly what it will do. This is certainly Barrett’s view: “The Court’s decision thus sweeps much further than it lets on.” And this will lead to more bad behavior, especially online, and future legal cases that … 
  4. … the Court’s decision here will not help to decide. The most important conclusion to be drawn from this opinion is that the Supreme Court’s free-speech jurisprudence is a total mess. Kagan clearly wants to use Counterman in order to sort through the complexity of previous cases and bring order to the jurisprudential record. But there is no order in the jurisprudential record, and in the midst of the confusion a great many bad actors are going to think themselves free to be as nasty as they want to be.  
  5. The primary losers here will therefore be women — women like Coles Whalen, whose experience of relentless harassment by Billy Counterman was the origin of this case. And for what it’s worth, I agree with Barrett that this is an unnecessary loss:

The bottom line is this: Counterman communicated true threats, which, everyone agrees, lie outside the bounds of the First Amendment’s protection.” Ante, at 4. He knew what the words meant. Those threats caused the victim to fear for her life, and they “upended her daily existence.” Ante, at 2. Nonetheless, the Court concludes that Counterman can prevail on a First Amendment defense. Nothing in the Constitution compels that result. I respectfully dissent.

☐ ☆ ✇ The Homebound Symphony

more on Korematsu

By: ayjay — June 27th 2023 at 16:17

The other day I mentioned some famous Supreme Court cases that were influenced by public opinion. I had forgotten that a few years ago I wrote a post, no longer online, about one of the most important of them. I’m reposting it here, with minor edits. 


Let’s take a look at one of the most widely condemned of SCOTUS decisions, Korematsu vs. the United States. In Korematsu the court allowed the practice of evicting United States citizens, often native-born citizens, from their homes and moving them away from the West Coast simply because they were of Japanese descent. The vote was 6–3, and each of the justices in the majority was appointed by President Roosevelt, the man who issued that order. (In a separate but closely related ruling, issued on the same day, the Court ruled that such citizens, though they could be forced to leave their homes, could not be “detained,” thus depriving the internment camps for Japanese-Americans of legal sanction.)

The chief interest of Korematsu, for today’s reader of the history, is the dissent by Justice Robert Jackson, later to become the Chief Prosecutor at the Nuremberg Trials. In the first stage of his dissent — which you may see in full by going here and scrolling aout three-fourths of the way down — Jackson points out that Fred Korematsu was a natural-born citizen of the United States whose loyalty to his country had never been questioned by anyone. He was merely living and working in the place of his birth (Oakland, California) but was by the Executive Order obliged to turn himself in to military authorities — an obligation that he would not have faced had he been “a German alien enemy, an Italian alien enemy, [or] a citizen of American-born ancestors, convicted of treason but out on parole.” Yet he was different from those others “only in that he was born of different racial stock.” Jackson continues:

Now, if any fundamental assumption underlies our system, it is that guilt is personal and not inheritable. Even if all of one’s antecedents had been convicted of treason, the Constitution forbids its penalties to be visited upon him, for it provides that ‘no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attained.’ Article 3, 3, cl. 2. But here is an attempt to make an otherwise innocent act a crime merely because this prisoner is the son of parents as to whom he had no choice, and belongs to a race from which there is no way to resign.

This point would have been sufficient in itself to declare Roosevelt’s order unconstitutional, but Jackson discerned a larger and greater issue at stake:

Much is said of the danger to liberty from the Army program for deporting and detaining these citizens of Japanese extraction. But a judicial construction of the due process clause that will sustain this order is a far more subtle blow to liberty than the promulgation of the order itself. A military order, however unconstitutional, is not apt to last longer than the military emergency. Even during that period a succeeding commander may revoke it all. But once a judicial opinion rationalizes such an order to show that it conforms to the Constitution, or rather rationalizes the Constitution to show that the Constitution sanctions such an order, the Court for all time has validated the principle of racial discrimination in criminal procedure and of transplanting American citizens.

Jackson’s point here is exceptionally acute: this is not as matter of rationalizing — that is, giving an implausible intellectual account of — the order, but rationalizing the Constitution itself. Which is a far more dangerous move.

The principle then lies about like a loaded weapon ready for the hand of any authority that can bring forward a plausible claim of an urgent need. Every repetition imbeds that principle more deeply in our law and thinking and expands it to new purposes. All who observe the work of courts are familiar with what Judge Cardozo described as ‘the tendency of a principle to expand itself to the limit of its logic.’ A military commander may overstep the bounds of constitutionality, and it is an incident. But if we [i.e., we Justices of the Supreme Court] review and approve, that passing incident becomes the doctrine of the Constitution. There it has a generative power of its own, and all that it creates will be in its own image. Nothing better illustrates this danger than does the Court’s opinion in this case.

People are often automatically dismissive of “slippery-slope” arguments, as though no slopes are ever slippery; but once a metaphor is dead it’s dead. Justice Cardozo’s phrasing may be more useful: “the tendency of a principle to expand itself to the limits of its logic.” This tendency is almost inevitable in SCOTUS decisions, because of the power of precedent: only rarely is a decision walked back; rather, a “passing incident” very easily and naturally “becomes the doctrine of the Constitution” when justices see different situations in which it can be applied. All the pressure is on one side, towards expansion rather than contraction of the principle.

Such expansion of a principle is all the more likely to happen when popular opinion, especially elite popular opinion, is also strongly on one side. FDR’s decision to move Japanese-Americans from their homes was quite popular (as were the internment camps) and eight of the Justices had the further pressure of owing their positions on the Court to the Roosevelt. What the Justices needed was a jurisprudential principle substantial enough to make a counterweight to those pressures. All three of the dissenting judges had that principle, but it was most fully developed in and articulated by Jackson.

Not long before his death Justice Antonin Scalia was asked, by law students at Santa Clara University, which Supreme Court opinion he most admired. He named Jackson’s dissent in Korematsu.

☐ ☆ ✇ The Homebound Symphony

By: ayjay — June 27th 2023 at 14:53

Canadian river mist rises

That’s the Canadian River in the Texas Panhandle. The lovely photo is by Sean Fitzgerald from this story. The theme of this issue of Texas Highways is rivers — and more generally water in Texas. It’s something that concerns me profoundly. I have an essay on water and the West coming out in Raritan soon — I’ll link to it when it appears. 

☐ ☆ ✇ The Homebound Symphony

banal utopias

By: ayjay — June 27th 2023 at 10:10

JC Niala:

cultivating on allotment sites has always been so much more than ‘growing your own’. As Crouch and Ward put it, ‘The allotment is a different kind of place in which different values prevail.’ These different values often seem paradoxical to the non-allotmenteer, but are precisely what ensure that allotment sites survive. In this book, one gardener tells Crouch and Ward: ‘The allotment is 51 per cent hard work, and 49 per cent disappointment.’ So why on earth do people carry on allotmenteering? When I carried out my research across numerous sites in Oxford, the words that people use to describe allotments tell us why – ‘paradise’, ‘magical’. Allotment sites are utopias. […] 

This love and generosity spills off individual plots, through the allotment fences and into the wider city. On every allotment site, there is usually a place where people put their excess crops for anyone to help themselves. This is deliberate. Gifts carry obligations, and by being able to help oneself without being seen, the taker doesn’t owe anyone anything. They can also pay it forward, placing their extra produce at another time when they have it. I met a woman who survived on this gifted food – she lost her job during the lockdowns, and because she had only just secured an allotment, didn’t yet have her first harvest. Other allotmenteers grow cut flowers with the sole purpose to give them to people (often strangers) across the city, to spread joy. Even allotment fences that have been steadily erected around sites over the last few decades, to keep produce safe, break the normal rules of a city. Instead of keeping people away, allotment fences are often social places where passers-by strike up conversations with allotmenteers about what they’re growing, as well as to get a glimpse of the inviting chaos inside. 

The idea of a “banal utopia” strikes me as a really powerful one: in some small and everyday way to “repair the world” and to, implicitly or explicitly, invite others to join you. Maybe everyone can find a place to make a banal utopia. 

☐ ☆ ✇ The Homebound Symphony

beyond daylight ethics

By: ayjay — April 7th 2023 at 10:54

In a 1975 essay called “The Child and the Shadow,” Ursula K. Le Guin wrote:

In many fantasy tales of the 19th and 20th centuries the tension between good and evil, light and dark, is drawn absolutely clearly, as a battle, the good guys on one side and the bad guys on the other, cops and robbers, Christians and heathens, heroes and villains. In such fantasies I believe the author has tried to force reason to lead him where reason cannot go, and has abandoned the faithful and frightening guide he should have followed, the shadow. These are false fantasies, rationalized fantasies. They are not the real thing. Let me, by way of exhibiting the real thing, which is always much more interesting than the fake one, discuss The Lord of the Rings for a minute.

It’s a sweet little pivot that Le Guin executes in that paragraph’s last sentence, because many of her readers would have assumed that her critique included Tolkien – but no. She admits that “his good people tend to be entirely good, though with endearing frailties, while his Orcs and other villains are altogether nasty. But,” she continues, “all this is a judgment by daylight ethics, by conventional standards of virtue and vice. When you look at the story as a psychic journey, you see something quite different, and very strange.” Daylight ethics is insufficient to account for the greatness of The Lord of the Rings: it may in certain respects be “a simple story,” but “it is not simplistic. It is the kind of story that can be told only by one who has turned and faced his shadow and looked into the dark.” And: 

That it is told in the language of fantasy is not an accident, or because Tolkien was an escapist, or because he was writing for children. It is a fantasy because fantasy is the natural, the appropriate, language for the recounting of the spiritual journey and the struggle of good and evil in the soul.

Which is why when she herself had a story like that to tell, she turned to fantasy.

In most respects, Earthsea is a radically different world than Tolkien’s Middle-Earth, but that perhaps makes the correspondences all the more worth noting. As I was rereading The Farthest Shore recently it struck me how faithfully the journey of Ged and Arren to the Dry Land echoes the journey of Frodo and Sam to Mordor – down to the point that Ged’s helper Arren has to carry him for a brief period, in much the same way that Frodo is carried by Sam (though after the decisive moment rather than before).

That said, Le Guin has created a world in which the protagonist has a different kind of helper than Frodo does. The relationship between Frodo and Sam is that of master and servant – as Sam’s deferential language continually reminds us – but the young man who accompanies Ged to the Dry Land is not a servant at all. He is a prince, soon to be a king, and had been shocked to learn just after meeting Ged that this Archmage, this titan among wizards, had been in his childhood a goatherd on a distand dirty island. But he is much younger and less experienced than Ged, and Ged is, after all, a mage, which Arren is not. So matters of status are very much in question here. Ged takes upon himself the burden of teaching Arren, assumes an authority over him in certain respects, an authority that Arren sometimes accepts and sometimes resents. Their relationship is much more complex than that of Frodo and Sam; it is constantly in negotiation.

What is Le Guin doing with this acknowledgement of and then swerving from the Tolkienian model? Well, I think this is very closely related to her fascination with Daoism, and illuminates certain contrasts between Confucianism and Taoism – especially as regards the purpose of education. Among other things, Confucianism is a way of breeding rulers. It emphasizes righteousness (yi 義) as a key virtue – but especially for rulers. (See this overview by Mark Csikszentmihalyi.) The practice of yi is essential to legitimizing and consolidating political authority – and this is why the famous Imperial Examination, used to identify candidates for civil service, was so deeply grounded in the neo-Confucian classics.

By contrast, Daoism does not make governors but rather sages, and the Daoist sage has no interest in ruling. If the key virtue of the Confucian ruler is righteousness, the key virtue of the Daoist sage is inaction: wuwei. And this is the virtue that Ged, knowing who Arren will become, tries to teach him. That is, Ged believes that even for a king righteousness sometimes may be inadequate. He says to Arren,

“It is much easier for men to act than to refrain from acting. We will continue to do good and to do evil. … But if there were a king over us all again and he sought counsel of a mage, as in the days of old, and I were that mage, I would say to him: My lord, do nothing because it is righteous or praiseworthy or noble to do so; do nothing because it seems good to do so; do only that which you must do and which you cannot do in any other way.”

Ged is preparing Arren not for kingship as it is typically understood – the “daylight ethics” of Confucianism would be adequate for that – but rather the the possibility of a “psychic journey,” a spiritual challenge.

When in the Dry Land they meet the undead mage who goes by the name of Cob, they are encountering one whose path to power, and to great evil, had years earlier been opened for him by Ged. That opening was quite inadvertent, to be sure: Ged wished to act righteously in disciplining Cob, who had dabbled in necromancy, but his actions – driven in part, he admits, by his pride, his desire to demonstrate his greater power – had precisely the opposite effect than he had intended. Cob became more, not less, obsessed with necromancy and the conquest of death. (He is in some ways the proto-Voldemort, a would-be Death Eater.) Ged acted thus because he thought it “righteous or praiseworthy or noble to do so”; but it was not what he had to do, and it could have been done in some other way, some less humiliating and degrading way. The problem with action, as Daoism teaches and as Ged tries to teach Arren, is that it always, always, has unexpected consequences, often profoundly unwelcome ones. 

To their final confrontation with Cob Arren brings an instrument appropriate to a ruler and a warrior: a sword. Again and again he strikes Cob, severing his spinal cord, splitting his skull … but Cob simply reassembles himself. “There is no good in killing a dead man.” Ged, by contrast, brings but “one word” that stills Arren and Cob alike. (We do not hear the one word is, but Ged says that it is “the word that will not be spoken until time’s end.”)

And then what Ged must do – must do, and cannot do in any other way – is to pour out all his own magical power, leaving nothing inside, not to inflict a wound but to close one; not to sever but to knit together. Cob had made a gap in the cosmos through which Death entered the world of the living; and that could be healed not by a Confucian king but by a Daoist sage.

But something a little, or a lot, more than a Daoist sage: here, I think, the guiding shape of Tolkien’s story takes Le Guin a step beyond what Daoism can envisage. Like Frodo, Ged undertakes a kenosis, a self-emptying; except that what Frodo cannot do without the intervention of his Shadow, Ged completes. “It is done,” he says. It is finished. And when Arren takes up his crown, he knows that he owes it to Ged; the same knowledge leads Aragorn to kneel before Frodo.  

Near the novel’s end, the Doorkeeper of Roke says of Ged, “He is done with doing. He goes home.” And still later Ged will wonder why he outlived his magic. Which raises the question: What happens after “it is finished”? There, I think, our three stories diverge.


P.S. re: where a story can take a writer

Le Guin, from her Afterword to The Farthest Shore: “It would be lovely if writing a story was like getting into a little boat that drifted off and took me to the promised land, or climbing on a dragon’s back and flying off to Selidor. But it’s only as a reader that I can do that. As a writer, to take full responsibility without claiming total control requires a lot of work, a lot of groping and testing, flexibility, caution, watchfulness. I have no chart to follow, so I have to be constantly alert. The boat needs steering. There have to be long conversations with the dragon I ride. But however watchful and aware I am, I know I can never be fully aware of the currents that carry the boat, of where the winds beneath the dragon’s wings are blowing.”

☐ ☆ ✇ The Homebound Symphony

the Oppenheimer Principle revisited

By: ayjay — April 5th 2023 at 10:13

Eight years ago, I wrote about a dominant and pernicious ideology that features two components: 

Component one: that we are living in a administrative regime built on technocratic rationality whose Prime Directive is, unlike the one in the Star Trek universe, one of empowerment rather than restraint. I call it the Oppenheimer Principle, because when the physicist Robert Oppenheimer was having his security clearance re-examined during the McCarthy era, he commented, in response to a question about his motives, “When you see something that is technically sweet, you go ahead and do it and argue about what to do about it only after you’ve had your technical success. That is the way it was with the atomic bomb.”

The topic of that essay was the prosthetic reconstruction of bodies and certain incoherent justifications thereof, so I went on: “We change bodies and restructure child-rearing practices not because all such phenomena are socially constructed but because we can — because it’s ‘technically sweet.’” Then:

My use of the word “we” in that last sentence leads to component two of the ideology under scrutiny here: Those who look forward to a future of increasing technological manipulation of human beings, and of other biological organisms, always imagine themselves as the Controllers, not the controlled; they always identify with the position of power. And so they forget evolutionary history, they forget biology, they forget the disasters that can come from following the Oppenheimer Principle — they forget everything that might serve to remind them of constraints on the power they have … or fondly imagine they have.

In light of current debates about the development of AI – debates that have become more heated in the wake of an open letter pleading with AI researchers to pause their experiments and take some time to think about the implications – the power of the Oppenheimer Principle has become more evident than ever. And it’s important, I think, to understand what in this context is making it so powerful.

Before I go any further, let me note that the term Artificial Intelligence may cover a very broad range of endeavors. Here I am discussing a recently emergent wing of the overall AI enterprise, the wing devoted to imitating or counterfeiting actions that most human beings think of as distinctively human: conversation, image-making (through drawing, painting, or photography), and music-making.

I think what’s happening in the development of these counterfeits – and in the resistance to asking hard questions about them – is the Silicon Valley version of what the great economist Thorstein Veblen called “trained incapacity.” As Robert K. Merton explains in a famous essay on “Bureaucratic Structure and Personality,” Veblen’s phrase describes a phenomenon identified also by John Dewey – though Dewey called it “occupational psychosis” – and by Daniel Warnotte – though Warnotte called it “Déformation professionnelle.” It is curious that this same phenomenon gets described repeatedly by our major social scientists; that suggests that it is a powerful and widespread phenomenon indeed. 

Peggy Noonan recently wrote in the Wall Street Journal of the leaders of the major Silicon Valley companies,

I am sure that as individuals they have their own private ethical commitments, their own faiths perhaps. Surely as human beings they have consciences, but consciences have to be formed by something, shaped and made mature. It’s never been clear to me from their actions what shaped theirs. I have come to see them the past 40 years as, speaking generally, morally and ethically shallow—uniquely self-seeking and not at all preoccupied with potential harms done to others through their decisions. Also some are sociopaths.

I want to make a stronger argument: that the distinctive “occupational psychosis” of Silicon Valley is sociopathy – the kind of sociopathy embedded in the Oppenheimer Principle. The people in charge at Google and Meta and (outside Silicon Valley) Microsoft, and at the less well-known companies that are being used by the mega-companies, have been deformed by their profession in ways that prevent them from perceiving, acknowledging, and acting responsibly in relation to the consequences of their research. They have a trained incapacity to think morally. They are by virtue of their narrowly technical education and the strong incentives of their profession moral idiots.

The ignorance of the technocratic moral idiot is exemplified by Sam Altman of OpenAI – an increasingly typical Silicon Valley type, with a thin veneer of moral self-congratulation imperfectly obscuring a thick layer of obedience to perverse incentives. “If you’re making AI, it is potentially very good, potentially very terrible,” but “The way to get it right is to have people engage with it, explore these systems, study them, to learn how to make them safe.” He can’t even imagine that “the way to get it right” might be not to do it at all. (See Scott Alexander on the Safe Uncertainty Fallacy: We have absolutely no idea what will result from this technological development, therefore everything will be fine.) The Oppenheimer Principle trumps all.

These people aren’t going to fix themselves. As Jonathan Haidt (among others) has often pointed out – e.g. here – the big social media companies know just how much damage their platforms are doing, especially to teenage girls, but they do not care. As Justin E. H. Smith has noted, social media platforms are “inhuman by design,” and some of the big companies are tearing off the fig leaf by dissolving their ethics teams. Deepfakes featuring Donald Trump or the Pope are totally cool, but Chairman Xi gets a free pass, because … well, just follow the money.

Decisions about these matters have to be taken out of the hands of avaricious professionally-deformed sociopaths. And that’s why lawsuits like this one matter. 

☐ ☆ ✇ The Homebound Symphony

By: ayjay — April 3rd 2023 at 15:58

Crystal

“Standing on the bare ground, — my head bathed by the blithe air, and uplifted into infinite spaces, — all mean egotism vanishes. I become a transparent eye-ball; I am nothing; I see all; the currents of the Universal Being circulate through me; I am part or particle of God.”

☐ ☆ ✇ The Homebound Symphony

adjustments

By: ayjay — April 3rd 2023 at 00:23

As many of my readers will know, I am continually fiddling around with my online presence, to such a degree that I try my own patience. The one element that’s fixed is my newsletter, which (IMHO) has a clear identity and purpose. I always know when something I’ve come across will be a fit for the newsletter. 

Deciding how to use my micro.blog page has been a bit more of a challenge, but in recent months I have settled on what strikes me as a good approach: It’s a kind of journal, with photos and links to what I’m reading and listening to. And that’s all. 

Everything else goes here — but what should that “everything else” be? As I’ve been mulling this over, I’ve come to two conclusions: 

  1. I share too much nasty stuff. I’ve become like those Geico raccoons: “This is terrible, you gotta try it.” No more of that. You can find plenty to alarm and disgust you elsewhere. I need to remember my own tagline for this blog. That doesn’t mean that I won’t write about unpleasant topics, but … 
  2. Whether pleasant or unpleasant, the stuff I share — if it’s worth sharing at all — needs more commentary than I typically give it. So I’m going to try to post less often but in more detail. Maybe only a couple of posts per week, but I want them to be more like essays that offhand comments. 

Let’s see how well I keep my resolutions! 

UPDATE: A reader has rightly questioned my comment about “nasty stuff.” Not the best phrase for what I mean, which is “current events that call for critique or denunciation.” So many people are already in the critique-and-denunciation game, I don’t need to add to their number. (That said, my next major post will be, um, a critique and denunciation. Oh well.) 

☐ ☆ ✇ The Homebound Symphony

By: ayjay — April 1st 2023 at 10:40

Teens on screens: Life online for children and young adults revealed – Ofcom:

This year also saw the rise of ‘split-screening’. Split-screen social media posts allow children to watch more than one short-form video simultaneously, on a single-screen, side-by-side or stacked on top of one another. This appears to be a progression of the ‘multi-screening’ behaviours seen in previous research waves, where children reported difficulties focusing on one screen-based activity at a time. 

Distinctions needed here: There is a difference between genuinely watching “more than one short-form video simultaneously” and merely having more than one short-form video on one’s screen at a given time. I seriously doubt that it is possible for any human being to watch two videos at the same time; the best we can do, I suspect, is to switch rapidly between two videos, and a good deal of research indicates that we’re not good at doing even that. Every time our attention switches to one information source we cease to attend to the other. 

☐ ☆ ✇ The Homebound Symphony

By: ayjay — March 31st 2023 at 17:29

Freddie deBoer:

This is a very basic point, but I find that it’s consistently under-discussed: to close achievement gaps like the racial achievement gap, not only must Black and Hispanic students learn more, white and Asian students must learn less than they do. Closing any gap has to entail the poorly-performing students not just learning but learning at a sufficiently faster pace than the high-performing students that the gap closes. This is not a minor point! American students of all races have been improving over time. But gaps have persisted because… students of all races have been improving over time. As long as white and Asian students learn as much as Black and Hispanic, the gap cannot close. This is so obvious it feels like it should go without saying, but the point is frequently obscured, for a couple of reasons. First, because “every kid can learn” is a more pleasing and simplistic narrative than “kids from disadvantaged subpopulations can not only learn but can learn sufficiently to close large gaps against competitors who are still learning more themselves.” Second, because the problem suggests a solution that is politically untenable, to put it mildly — to close gaps, we need to prevent the students who are ahead from learning at all. 

I think there are a great many people on the so-called left who would be glad to accept that deal. Close the gap by any means necessary. There’s no necessary connection between wanting equality of outcomes and wanting better outcomes. 

☐ ☆ ✇ The Homebound Symphony

my proposed law

By: ayjay — March 31st 2023 at 13:54

“Any online platform and/or application that delivers content to users may deliver only content explicitly requested by said users.” 

That’s it. No algorithms, no autoplay, no “You may also like,” no “Up next.” Only what human beings (AKA “consumers”) choose. Now you don’t have to ban TikTok, and you will reduce the power that Facebook, Twitter, and all the other social-media platforms have over the minds and emotions of their users. It will even reduce, though not eliminate, the ability of Spotify and other streaming platforms to ruin music. 

(I’m sure many other people have made this suggestion.) 

☐ ☆ ✇ The Homebound Symphony

libraries vs. publishers

By: ayjay — March 30th 2023 at 12:21

Dan Cohen:

Libraries have dramatically increased their spending on e-books but still cannot come close to meeting demand, which unsurprisingly rose during the pandemic. Because publishers view each circulation of a library e-book as a potential missed sale, they have little incentive to reduce costs for libraries or make it easier for libraries to lend digital copies.

All digital transitions have had losers, some of whom we may care about more than others. Musicians seem to have a raw deal in the streaming age, receiving fractions of pennies for streams when they used to get dollars for the sales of physical media. Countless regional newspapers went out of business in the move to the web and the disappearance of lucrative classified advertising. The question before society, with even a partial transition to digital books, is: Do we want libraries to be the losers? 

The answer certainly appears to be Yes. But, as Dan writes later in the essay, 

libraries are where the love of reading is inculcated, and hurting libraries diminishes the growth of new readers, which in turn may reverse the recent upward trend in book sales. This will be particularly true for communities with fewer resources to devote to equitable access. Ultimately, we should all seek to maximize the availability of books, through as many reasonable methods as we can find. The library patron who is today checking out an e-book, or a digitized book through Controlled Digital Lending — should the practice be upheld on appeal — will be the enthusiastic customer at the bookstore tomorrow. 

Dan does’t emphasize this point in his essay, but one of the fruits of the last few decades’ Merger Madness in publishing is that the industry — a telling word, that — is now controlled by international mega-conglomerates who have the financial muscle to bring massive legal pressure to bear against libraries, whom they obviously consider their enemies. And then when our political representatives try to take action to protect libraries and readers, that same financial muscle is used to throw angry lobbyists at those representatives. Nice elected office you have there, shame if something happened to it.

Whatever forces are arrayed against libraries are also arrayed against readers. But publishing conglomerates don’t care about readers; they only care about customers. If they had their way reading would be 100% digital, because they continue to own and have complete control over digital books, which cannot therefore be sold or given to others. They are the enemies of circulation in all its forms, and circulation is the lifeblood of reading. 

☐ ☆ ✇ The Homebound Symphony

beseball revisited

By: ayjay — March 30th 2023 at 10:45

Five years ago I wrote about giving up on baseball — after a lifetime of fandom. Should the new pitch clock bring me back? I’m not sure it will. A speedier game — which is to say, a return to the pace of the past — will certainly be an improvement, but it won’t change the fact that running has largely disappeared from baseball, as pitchers go for strikeouts and batters are happy to oblige them if they can just increase their chances of hitting dingers. It’s a very static game now, and that seems unlikely to change. 

☐ ☆ ✇ The Homebound Symphony

learning from Hume

By: ayjay — March 29th 2023 at 20:20

Last week I gave you David Hume’s Guide to Social Media; today I give you David Hume’s Guide to Today’s Politics. He’s a very useful guy, Mr. Hume. 

❌