James Boyd White & the Legal Imagination

James Boyd White (b. 1938) holds a place among the founders of the law-and-literature movement and ranks among the leading defenders of a humanistic conception of law in the second half of the twentieth century. His scholarship rests on a single sustained claim, advanced across more than fifty years and a dozen books: that law is a cultural and linguistic practice through which communities define themselves, establish authority, and argue about justice, rather than a closed system of rules, commands, and procedures. From this premise he built a body of work that reshaped legal education, legal rhetoric, constitutional interpretation, and the standing of the humanities within professional training.

White received a classical education that governed his intellectual outlook for the rest of his career. He took a Bachelor of Arts in Classics from Amherst College in 1960, a Master of Arts in English Literature from Harvard University in 1961, and an LL.B. from Harvard Law School in 1964. A year in Europe as a Sheldon Fellow extended his exposure to classical and European traditions. He then practiced law for two years at the Boston firm Foley Hoag before concluding that scholarship and teaching suited him better than practice.

His teaching career began at the University of Colorado Law School in 1967 and continued there until 1974. He moved to the University of Chicago Law School in 1974, where he taught in the law school and in the College and took part in the Committee on the Ancient Mediterranean World until 1983. In that year he joined the University of Michigan Law School and remained for the rest of his career. Michigan recognized the range of his work through appointments across several departments, naming him L. Hart Wright Collegiate Professor of Law, Professor of English, and Adjunct Professor of Classics. These overlapping titles tracked a scholarship that crossed the lines separating law, literature, history, rhetoric, and philosophy.

White reached a national audience with The Legal Imagination: Studies in the Nature of Legal Thought and Expression in 1973. The book stands among the most influential ever written about legal education. White treated the study of law as an exercise in reading, writing, interpretation, and imagination rather than the memorization of doctrine. He gathered judicial opinions, statutes, speeches, and works of literature into a single conversation and pressed students to see how legal language makes meaning and confers authority. The book unsettled the prevailing assumptions about legal training and serves as the founding text of the law-and-literature movement, a standing confirmed when a forty-fifth anniversary edition appeared in 2018.

The core of his thought holds that law is rhetorical. Legal actors do not apply rules to facts and stop there. They speak, write, persuade, interpret, and make meanings, and through those acts they build social relationships and shape the character of political communities. Legal language, on this account, does not only describe the world; it forms it. Constitutions, statutes, judicial opinions, and legal arguments supply the frameworks through which citizens understand themselves and one another, so that law operates as cultural expression as much as a means of governance.

From this thesis White drew his theory of constitutive rhetoric, an idea that carried his influence well past law into communication studies and cultural criticism. Where older theories of rhetoric concentrated on persuasion, White argued that rhetoric performs a deeper task: it creates identities, communities, and cultures. When a constitution speaks in the name of the people, or a court defines the rights and duties of citizens, language does more than carry information; it helps to constitute the community that the language names. White described rhetoric as the art of constituting character, community, and culture in language, and that formulation became a reference point for a generation of scholars.

His mature thought took shape across a sequence of books that together examine the bonds among language, authority, and justice. The most important include When Words Lose Their Meaning: Constitutions and Reconstitutions of Language, Character, and Community (1984), Heracles’ Bow: Essays on the Rhetoric and Poetics of the Law (1985), Justice as Translation: An Essay in Cultural and Legal Criticism (1990), Acts of Hope: Creating Authority in Literature, Law, and Politics (1994), The Edge of Meaning (2001), Living Speech: Resisting the Empire of Force (2006), and Keep Law Alive (2019). Across these works he drew on classical literature, Shakespeare (1564-1616), constitutional law, political theory, and literary criticism to show how language creates and sustains moral communities.

One figure recurs at the center of his account of judgment: the translator. In Justice as Translation White compares the work of judges and lawyers to the work of literary translators. A translator keeps faith with an original text while rendering it intelligible within another language and culture, and a judge performs a parallel task, carrying the lived experience of litigants into the formal language of legal doctrine. The work asks for fidelity to legal tradition together with attention to the human realities before the court. Legal judgment, then, lies between mechanical rule application and unconstrained personal preference; it calls for imagination, humility, and ethical responsibility.

In When Words Lose Their Meaning White studies what happens when a society suffers a crisis of language and moral understanding. Reading Homer (fl. 8th century BC), Thucydides (c. 460-c. 400 BC), and Jonathan Swift (1667-1745), he traces how political and cultural breakdown erodes shared vocabularies and common understandings, and he carries those literary lessons into constitutional law. Judicial opinions, he argues, shape the moral character of legal communities; judges settle disputes, but through their language they also shape the values, assumptions, and habits of reasoning that order public life. White holds that legal education should train lawyers to read opinions with the attention a literary critic brings to poetry and prose.

White worked out many of his ideas against the dominant trends of late twentieth-century legal scholarship. As law and economics rose to prominence, associated above all with Richard Posner (b. 1939), legal academics increasingly explained legal outcomes through economic incentives, quantitative models, and the methods of social science. White did not reject interdisciplinary work, but he resisted the reduction of law to economics, sociology, or political science. Law, he argued, carries its own language, traditions, and forms of reasoning, which an external analytical apparatus cannot capture. He became the leading advocate for a humanistic understanding of law in an era that favored technocratic and scientific models.

A tension between force and persuasion runs through the whole of his work. Healthy legal and political institutions, White argues, depend on forms of discourse that invite participation, mutual recognition, and respectful disagreement, while institutions that lean on coercion, manipulation, and bureaucratic power weaken the cultural foundations of democratic life. The theme grew more urgent in his later books, among them Living Speech: Resisting the Empire of Force, where he warns against a politics that treats citizens as objects of administration rather than partners in a common conversation.

His interests reached well past law. He wrote on literature, classical texts, religion, and education, in books that include “This Book of Starres”: Learning to Read George Herbert (1994), the edited volume How Should We Talk About Religion? (2006), and Let in the Light: Learning to Read St. Augustine’s Confessions, a study of Augustine (354-430). George Herbert (1593-1633) and Augustine drew the same attention White gave to legal texts, and across these subjects he returned to the questions of language, interpretation, and moral understanding that animate his legal work.

Honors and fellowships have marked his standing in the academy. White belongs to the American Academy of Arts and Sciences and the American Law Institute. He served as a governor of the Chicago Council of Lawyers, chaired the Michigan Society of Fellows, and held fellowships from the John Simon Guggenheim Memorial Foundation and the National Endowment for the Humanities. He served as a Phi Beta Kappa Visiting Scholar in the 1997-1998 academic year. The Association for the Study of Law, Culture and the Humanities established the James Boyd White Award to honor originality and excellence in the fields he helped open.

His influence reaches past his own pages. Scholars in law, literature, rhetoric, constitutional theory, communication studies, and the humanities have built on his work, and his ideas continue to shape debate about legal interpretation, civic discourse, professional ethics, and the place of the humanities in public life. White holds a distinctive position in American intellectual history. In a period that sought scientific certainty and technical precision in the study of law, he argued that the deepest questions of law concern language, character, imagination, and community, and he pressed lawyers, judges, scholars, and citizens to see law as a human practice of meaning-making through which a society defines its values, builds its institutions, and sustains its common life.

Hero System

The seminar meets on the third floor of Hutchins Hall, in a room with high windows and a long table scarred by decades of legal pads. White comes in with a thin packet, no casebook, and sets it down. Two texts sit side by side on the page. The first is a passage from the Iliad. The second is a paragraph from a Supreme Court opinion. He lets the students read. Then he asks the question he has put to students for forty years. “Where does the authority come from here? Who gave this writer the right to speak this way, and why do you believe him?”
The students reach for the easy answers. The Court has authority because it is the Court. Homer has authority because he is Homer. White waits them past that. He wants them to see that the badge explains nothing, that an opinion can carry the seal of the United States and still fail to earn a single reader’s trust, and that a poem written by no one anyone can name still commands assent three thousand years on. Authority, in his account, is made in the writing and granted by the reader. It is not held in an office. This is the conviction under everything he has published, and it is also, though he does not use the word, the center of a hero system.
Ernest Becker (1924-1974) gave the study of culture a blunt premise. Men know they will die, and they cannot live with the knowledge, so every culture builds a scheme that lets a man earn the feeling that he counts past his span. Becker called these schemes hero systems. A hero system tells a man what a life well spent looks like, what earns him a place that death cannot cancel. The terms differ by tribe. The soldier earns it one way, the saint another, the merchant a third. Each system hands out significance on its own coin, and each promises, in that coin, that a man might outlast himself.
White’s hero system runs on the word. His immortality project is the conversation, the long exchange in which the dead keep speaking and the living answer. When his students read Augustine, Augustine is not gone. He is in the room, making a claim, waiting for a reply. The wager under the whole body of White’s work holds that a man lives on in the meanings he makes and passes on, and that the death he fears most is the death of language, the hour when words lose their meaning and a community can no longer say what it values or who it is.
Set the word authority at the center, because every hero system has to answer the question White puts to his students: who gets to speak with weight, and why do we yield to him. The answer is where a culture keeps its sacred value, and the answer is never the same twice.
For White, authority is made, not held. A judge does not carry it in his commission. He earns it, sentence by sentence, in whether he has listened to the loser as well as the winner, whether he has carried a human grievance into the language of doctrine without flattening the human being who brought it. Authority on this account is the trust a reader extends to a writer who has earned his attention. It cannot be commanded. The opinion that orders without persuading has power and no authority, and White spent his life on the difference.
Cross the country to Parris Island and the word changes its weight. A drill instructor stands over a recruit at three in the morning, campaign cover an inch from the recruit’s face. Authority here is the lawful order and the chain that carries it from the President down to the man shouting. “You do not have to like it,” he says. “You have to do it.” The recruit who learns to obey, and later to command, earns the only significance the system offers. He becomes a link in something that holds a line and outlasts him. The dead Marine lives on in the Corps, and authority is the structure that makes his death count. White’s question, where does the writing earn your trust, has no place on the parade deck. The order is valid because of who gave it and the office behind him, and the recruit’s job is not to be persuaded.
Move to a research lab where men train models, or a glass floor where they trade. Authority here is the number. A claim earns weight when it beats the benchmark, when the backtest holds, when the model predicts what the old hands could not. “I don’t care what the story is,” the head of research says. “Show me it generalizes.” Significance comes to the man whose method survives the test set, and the prize is a small immortality of citation and replication. Your result stands, others build on it, your name attaches to something that holds out of sample. The text means nothing here. Homer earns no trust. Authority belongs to whatever survives measurement, and a clean sentence that fails on new data is worth less than an ugly one that works.
A hospice in the late afternoon. A chaplain sits with a man who has days left, and she says little. Authority here is presence, the willingness to stay in the room with what no one can fix, and behind her sits a tradition that has kept watch over the dying for centuries. The dying man wants no argument and no benchmark. He wants someone who will not leave. Significance comes through accompaniment, and the system makes the oldest promise of all, that the soul outlasts the body and the watch kept at the bedside joins a communion death does not break. Her authority rests on the text she carries, but she carries it in her body, in her staying, not in her sentences.
A bandstand near midnight, and the word turns again. The leader counts off, and authority is the ear. He earns it by what he plays and by whom he is willing to follow when a younger man finds something better. “You hear that?” he says between sets. “Go with him there.” The system hands its significance to the player who swings, and the immortality on offer is the recording and the lineage, the phrase quoted for fifty years by men who never met you. This authority cannot be ordered or measured. Musicians who know confer it in real time, and they withdraw it the moment the playing stops being true.
There is a hero system older than any of these, and White meets it with unease. For the man who locates the sacred in blood and soil, authority comes down through the ancestors and the nation. It is the authority of the fathers, of the land, of the dead who fought for the ground a man stands on. Who are you to revise what they bled for, the challenge runs. Significance comes through service to the people and its survival, and the immortality is the people itself, the chain of generations that carries your name and your kind forward after you are gone. On these terms White’s faith in open talk looks thin, even dangerous, because a conversation that admits every voice can talk a people out of its own continuance. Authority here is inherited, not earned in a sentence, and the duty is to transmit it whole.
One figure stands closest to White and yet apart. In a courtroom a certified interpreter renders a witness’s Spanish into English for the record. Her whole discipline is fidelity. She may not improve the witness, may not soften him, may not explain. Authority for her is accuracy under oath, the trust that what the court hears is what the witness said. White built his theory of judgment on this same image, the judge as translator who carries one language faithfully into another. But her fidelity runs one way, toward the source, while White asks his judge to keep faith in two directions at once, with the tradition behind him and the living man in front of him. The interpreter serves the record. White asks his judge to serve a community he is also helping to make.
Here the essay can say what most accounts of White leave unsaid. His central claim, that rhetoric constitutes character, community, and culture, is a theory of how hero systems get built. Becker says a culture hands a man the terms on which he might feel significant. White says the handing happens in language, in the constitutions and opinions and stories through which a people tells itself what counts. He spent his career describing the process Becker named, and he did it from the inside, as a believer, which is why he writes as a partisan of one immortality project rather than an analyst of all of them.
His is one project among many. The Marine, the researcher, the chaplain, the bandleader, the man of blood and soil, the interpreter: each earns significance on terms that make the others look blind. The word authority sits at the center of all of them and means something different in each mouth, because each system needs a different kind of hero and rewards a different kind of death. White knows this better than most. His answer is to bet everything on the conversation, on the hope that men inside different systems might still speak to one another and be changed, that persuasion might hold where force fails.
The bet carries a cost he names himself. A community held together by talk can lose the talk. Words lose their meaning. The conversation can be drowned by the chain of command, by the benchmark, by the drum of the ancestors, or by simple noise. White stakes his own continuance on the most fragile of the systems, the one with the least force behind it, and he turns the dying man’s question around. The chaplain asks whether the soul survives the body. White asks whether the meaning survives the man. He hands out the packet, the Iliad beside the opinion, and waits to see whether anyone in the room will answer Homer. That is the whole of his faith. If they answer, Homer is not dead, and on White’s terms neither is he.

The Great Delusion

In his 2018 book, The Great Delusion: Liberal Dreams and International Realities, John J. Mearsheimer wrote:

My view is that we are profoundly social beings from the start to the finish of our lives and that individualism is of secondary importance… Liberalism downplays the social nature of human beings to the point of almost ignoring it, instead treating people largely as atomistic actors… Political liberalism… is an ideology that is individualistic at its core and assigns great importance to the concept of inalienable rights. This concern for rights is the basis of its universalism—everyone on the planet has the same inherent set of rights—and this is what motivates liberal states to pursue ambitious foreign policies. The public and scholarly discourse about liberalism since World War II has placed enormous emphasis on what are commonly called human rights. This is true all around the world, not just in the West. “Human rights,” Samuel Moyn notes, “have come to define the most elevated aspirations of both social movements and political entities—state and interstate. They evoke hope and provoke action.”
[Humans] do not operate as lone wolves but are born into social groups or societies that shape their identities well before they can assert their individualism. Moreover, individuals usually develop strong attachments to their group and are sometimes willing to make great sacrifices for their fellow members. Humans are often said to be tribal at their core. The main reason for our social nature is that the best way for a person to survive is to be embedded in a society and to cooperate with fellow members rather than act alone… Despite its elevated ranking, reason is the least important of the three ways we determine our preferences. It certainly is less important than socialization. The main reason socialization matters so much is that humans have a long childhood in which they are protected and nurtured by their families and the surrounding society, and meanwhile exposed to intense socialization. At the same time, they are only beginning to develop their critical faculties, so they are not equipped to think for themselves. By the time an individual reaches the point where his reasoning skills are well developed, his family and society have already imposed an enormous value infusion on him. Moreover, that individual is born with innate sentiments that also strongly influence how he thinks about the world around him. All of this means that people have limited choice in formulating a moral code, because so much of their thinking about right and wrong comes from inborn attitudes and socialization.

White stakes everything on the force Mearsheimer ranks last. His seminar hands a man two texts and asks which one earns his trust. His judge earns authority sentence by sentence from a reader free to grant it or withhold it. His hope is that men inside different communities might speak to one another and be changed, that persuasion might hold where force fails. Every move assumes a reader open to the better argument, a mind that reasons its way toward assent. Mearsheimer says that mind arrives at the table already loaded. The value infusion happened in childhood, long before the seminar, and the critical faculties White trusts came online only after the code was set.
Mearsheimer’s quarrel is with the atomistic, rights-bearing individual and the universalism that follows from him. White is that quarrel’s purest case, a liberal of language rather than of markets or ballots. His unit is the single reader extending trust, the single judge carrying a grievance into doctrine. His universalism is the open conversation, the faith that the circle of those who might be persuaded has no fixed edge. On Mearsheimer’s account the reader is a tribesman first, his trust pre-committed by the group that raised him, and the circle of persuasion stops at the tribe’s edge, because survival, not truth, bound the group in the first place.
White is no naive atomist, and that is what makes the collision worth staging. His central claim holds that rhetoric constitutes character, community, and culture, that a man does not invent his values but receives them through the languages he is born into before he can stand apart and reflect. This sits close to Mearsheimer’s value infusion. Both men deny the self-made individual. Both say the group writes itself into the child before the child can answer. They part on what the inheritance is made of and whether it can be revised. White says we are constituted in language, and language can be reworked by better language, by attention, by translation, so the constitution stays open. Mearsheimer says we are constituted by innate sentiment and the survival logic of the tribe, which run deeper than any sentence, so the constitution mostly holds. Reason can tug at the surface. It cannot move the floor.
Take the judge as translator, the image White built his theory of judgment on. Inside a settled community the picture survives Mearsheimer well enough. A judge carries one member’s grievance into the shared language of a people who already hold enough in common to hear it. But White wants more. He wants translation across the deeper divides, the conversation that binds strangers, the persuasion that reaches an enemy people and brings them in. Mearsheimer’s anthropology shuts that door. Translation runs on a floor of shared sentiment, and where the floor is missing no sentence builds it. Between tribes the medium is not the word. It is force, and the balance of it.
Take the line White returns to, that the opinion which orders without persuading has power and no authority. Mearsheimer’s man hears that distinction as a luxury. Where the group’s survival is in play, the order that holds the people together carries all the authority it needs, persuaded or not. Authority flows from the group and its need to cohere, not from the trust a free reader extends to a fine sentence. White treats the empire of force as the enemy of the human conversation. Mearsheimer reverses the order. Force is the conversation’s precondition. Persuasion happens inside a peace that force has already secured among people who share enough to talk.
Take White’s longest hope, the conversation with the dead, Augustine alive in the seminar room, the meaning surviving the man. Mearsheimer does not deny it. Socialization is transmission across generations; the dead do speak to the young. He recasts what the speaking is. It is the value infusion of a people into its children, ancestors imposing a code more than offering reasons. The free exchange of minds weighing the better case across the centuries is the smaller part. The communion of readers White prizes turns out to be the tribe extended through time, and the texts are how the tribe loads the next generation before that generation can think.
White has one answer left, and it lands on Mearsheimer’s own desk. The man wrote a book. The Great Delusion argues, marshals evidence, hopes to move readers who came in thinking otherwise. An anthropology that ranks reason last is advanced by reasoning, addressed to minds it expects to change. If socialization had closed the question, there is no point in the argument. So the act of writing concedes the residue White builds his life on, that men sometimes change by persuasion, that the conversation sometimes works.
Mearsheimer can hold his ground. Reason is the least of the three, he says, not the absent one. The book persuades at the margin, and chiefly those already socialized to prize a hard look at power. Argument moves men inside a tribe that shares enough to be moved; it does little across the divides where force decides. The residue is real and small. White stakes his whole project on it.
So the verdict, if Mearsheimer is right, divides. As description White holds. We are made before we choose, by an inheritance we did not pick, and White saw this as clearly as Mearsheimer, only he named the inheritance language where Mearsheimer names it tribe and sentiment. As hope White overreaches. His conversation is real but bounded, riding on a socialization it cannot itself produce, reaching only as far as a shared floor already extends. The persuasion he loves is the thinnest of the three forces that move men, and the rarest, and it works only where force and kinship have done the heavy work of making a people who can listen.
White might take the verdict and keep his post anyway. He stakes his life on the weakest force because it is the weakest, because the seminar and the careful opinion and the faithful translation are the small openings through which a settled people revises itself at the edges, and because a man who quits that work hands the whole field to force. Mearsheimer leaves him that much. Reason comes last. It still comes.

‘A Big Misunderstanding’

David Pinsof calls it the misunderstanding myth: the conviction, dear to intellectuals, that the world’s troubles come from people getting things wrong, and that the cure is to get them right. The myth flatters its tellers, because the men whose trade is understanding turn out to be the most important men alive. Set James Boyd White inside this frame and his life’s work reads as the myth in its most refined dress, the version a man of letters builds when he wants the cure to be reading well.
White’s account of social decay runs through language. Communities come apart when words lose their meaning, when the shared vocabulary that let a people say what it values thins out and fails. The remedy follows from the diagnosis. Read with care. Write with attention. Carry the grievance of the litigant into the language of doctrine without losing the man. Keep the conversation alive against the noise. White names the disease as a failure of understanding and prescribes more and better understanding, supplied by the careful reader, the humane judge, the literary critic turned lawyer. Pinsof’s question lands here first. What if the trouble was never that people misunderstood each other?
Pinsof’s sharpest tool is the gap between stated motives and actual motives, the distance between the mission statement and the business. White works almost entirely on the side of the stated. When a court writes in the name of the people, he hears a community constituting itself in language. When a constitution speaks, he hears a people telling itself what it values. He reads the document as the document presents itself, as an act of meaning. Pinsof reads the same document as Starbucks’ mission statement, the noble words a coalition prints over the thing it is doing, which is fighting for control of the apparatus that puts men in prison at gunpoint. The opinion that speaks for the people is written by the winners. The losers were not persuaded. They were beaten.
This cuts straight at the line White returns to, that the opinion which orders without persuading has power and no authority. Inside the misunderstanding myth the distinction holds, because authority is the trust earned by a sentence that has done its work on a free mind. Inside Pinsof’s account the distinction dissolves. Men go along because of incentives, because of where their coalition stands, because the cost of resistance runs high. The trust White prizes is itself a move. A reader who extends it is backing a side. White treats force as the enemy of the conversation. Pinsof treats persuasion as force conducted by other means, a way to recruit allies, shame rivals, and take the state. The empire of force is not what breaks in when the conversation fails. It is what the conversation was the whole time.
White is right that rhetoric constitutes communities. Pinsof grants the constituting and changes its purpose. Language builds coalitions and ranks men within them. It is the chief weapon in the competition for status and for the state, and a people fluent in a shared tongue is a people organized to fight as one. White hears this building as the making of moral community and calls it the highest work of language. Pinsof hears coalition assembly and status sorting wearing the robes of meaning. Same act. Different account of what the act is for.
The myth’s tell, for Pinsof, is that it crowns the man who tells it. Look at who White is and where he stood. He held chairs in law, English, and classics, and he built a movement that told lawyers to read judicial opinions the way critics read poems. He raised this banner across the years when law and economics was taking the high ground in the legal academy, armed with numbers, models, and the claim to a science with policy in its hands. White answered that the deepest questions of law are questions of language, character, and imagination, the questions a man trained in Homer and Augustine is fit to answer and a man trained in regression is not. The misunderstanding myth, in his hands, sets the worth of legal thought on the ground he commands. The humanist becomes the keeper of the republic, and the quant becomes a technician who has missed the point. Pinsof does not ask whether White believed this. He asks what the belief did for the man who held it. It put him at the center.
White’s bearing carries the same charge. The patient attention to the other, the humility before the text, the refusal of force in favor of listening, all of it reads as the high decency Pinsof says we perform because cynicism is icky and sweetness sells. The man who counsels careful reading and faithful translation gets to be the good man in the room, and the good man collects the status the room hands out. None of this requires that White schemed it. The myth runs on its own, rewarding the men who carry it, selecting for the ones who carry it best.
And the people White hopes to save understand their position. The politician who debases the public language is winning votes by debasing it. The partisan who refuses the better argument has no incentive to accept it and strong incentive to parrot his side. The press that floods the conversation with noise is selling the noise. White looks at this and sees words losing their meaning, a community forgetting how to speak, a sickness a humanist might treat. Pinsof looks at the same scene and sees savvy animals getting what they want. There is no meaning to restore, because the degradation is the strategy working. White studies the hole. He maps its language to the last molecule, and the hole holds him as it holds everyone, because nothing in it is broken.
White has one return, and it uses Pinsof’s own tool. The essay that tells us we are status-seeking primates is itself a move in the status game, the contrarian’s bid to be the only honest man in the room, the one no mission statement fools. Cynicism crowns its teller too. But Pinsof has conceded this already and lost nothing by it. Yes, he says, I am a savvy animal pursuing status by telling you we are savvy animals pursuing status, and the story holds anyway. The charge shows both men playing for position. It does not show White right about meaning. It leaves the open question where Pinsof sets it: is the trouble the humanist treats a misunderstanding at all? The frame answers no. The world White hopes to keep talking does not misunderstand itself. It knows what it is doing, and it does it to win.

The Set

The reception runs late in a paneled room with a portrait of a dead dean above the mantel. The wine is decent, not good. A young scholar with a joint appointment in law and comparative literature holds a plastic cup and listens to a senior man explain why the empirical paper from that afternoon, the one with the regression tables and the policy recommendation at the end, has missed the only thing worth knowing. “They can tell you what the rule does,” the senior man says. “They cannot read the opinion.” The young scholar nods. He has read the opinion. He has also read the Oresteia, and he wants the older man to know it.

This is White’s world, the law-and-literature movement and the wider company of legal humanists who came up around it. Beside him at the founding stand Robert Cover (1943-1986) at Yale, who held that law lives inside narrative worlds and then, in his last work, that the judge deals in pain and death and the word stands backed by violence, and Richard Weisberg at Cardozo, who coined the term poethics and read Melville and the collaborationist judges of Vichy for what literature teaches a legal conscience, in The Failure of the Word. White himself sits at Michigan with The Legal Imagination behind him.

The interpretive turn fed the set and complicated it. Ronald Dworkin (1931-2013) cast the judge as an author writing the next chapter of a chain novel, keeping faith with the story so far. Stanley Fish (b. 1938), the Milton scholar turned needler, told all of them that no text stands apart from the community that reads it, and took pleasure in puncturing the earnest. Owen Fiss (b. 1938) at Yale fought the nihilist reading and held that interpretation can be disciplined and right. Sanford Levinson (b. 1941) in Texas read the Constitution as a sacred text and asked what keeping faith with it requires.

The literary wing carried the warmth. Martha Nussbaum (b. 1947) made the novel a school for the public emotions and the literary imagination a faculty the judge needs, in Poetic Justice. Peter Brooks (b. 1938), the literary critic who crossed into law, edited Law’s Stories with Paul Gewirtz at Yale and pressed the place of narrative and confession in the courtroom. Robin West wrote on narrative, authority, and the inner lives the law steps over. Behind them stand Wayne Booth (1921-2005), White’s kindred at Chicago, whose The Company We Keep treated reading as the keeping of moral company, and Stanley Cavell (1926-2018) at Harvard, who read Shakespeare and ordinary speech for the moral schooling in them.

A wing of lament runs alongside. Anthony Kronman (b. 1945), the Yale dean, mourned the lawyer-statesman in The Lost Lawyer, the man of practical wisdom pushed aside by the specialist and the rainmaker. Mary Ann Glendon (b. 1938) at Harvard charged in Rights Talk that an absolutist rights vocabulary had thinned American public speech. Grant Gilmore (1910-1982) wrote the elegies, The Death of Contract and The Ages of American Law. The ancestors they claim are the craftsmen and the prudent: Lon Fuller (1902-1978) with the inner morality of law, Karl Llewellyn (1893-1962) with situation sense and the craft of the common law, Edward Levi (1911-2000) with reasoning by example, Alexander Bickel (1924-1974) with the passive virtues. These are the men the humanists read as proof that law was once an art of judgment and might be again. Around them move fellow travelers and a younger line: Thomas Grey, who read Wallace Stevens the insurance lawyer for the poet inside the prose; Milner Ball, who gave law a theological and narrative cast; Kenji Yoshino, who later set Shakespeare beside questions of justice.

The rival sits across the hall. Richard Posner did not ignore the movement. He wrote Law and Literature to deflate it, holding that the great books teach little about statutes and contracts and that the analogy flatters the literary man at the legal man’s expense. He is the set’s foil and its dark mirror, the figure with the same wide learning who turned it toward efficiency and output and left the humanists holding the canon. Their signals of belonging are clear: to publish in the Yale Journal of Law and the Humanities, founded at the end of the 1980s, to be read in Critical Inquiry out of Chicago, to win the prize the Association for the Study of Law, Culture and the Humanities chose to name the James Boyd White Award.

What binds them is a creed about what law is and what a lawyer should be. Law is reading and writing before it is anything else. The opinion is a made thing, a composition, and you judge it as you judge any composition, by the quality of its attention and the truth of its voice. The lawyer should be a cultivated man, wide in his reading, formed by the great texts, fit to sit in judgment because he has the range to take in a whole human situation and the prose to do it justice. Craft is sacred. Sensibility is the cardinal gift. The seminar, the close reading, the well-made sentence, the cultivated conscience: these are the goods.

Their hero system follows from the creed. The hero is the cultivated humanist on the bench or in the chair, the man who carries Homer and Augustine and the canonical opinions in his head, who writes to persuade rather than to command, who hears the loser as well as the winner, who treats the person before the court as a man and not a unit. He is the lawyer-statesman Kronman mourns, the faithful author Dworkin draws, the reader of good company Booth describes. Heroism is depth, range, and the quality of attention, and the prize is a place in the conversation that runs across the centuries, a name set among the writers who keep meaning alive. The villains are fixed. The technician who knows the rule and cannot read the opinion. The economist with his models, who has shrunk the person to incentives. The bureaucrat who orders without persuading. The careerist who games the citation count. The skeptic who says the text means nothing and leaves only power.

The set holds an odd station. Rich in the prestige of learning, poor in institutional power. They keep the moral high ground and watch the economists take the dean’s office, the grant money, and the ear of the courts. So the status games run on the goods they control. Who has read more deeply. Whose prose carries. Who holds the joint appointment, the law degree beside the doctorate in classics or English. Who founded the journal, gave the named lecture, drew the festschrift. Who can quote Aeschylus at the reception and leave the empiricist feeling like a tradesman. Range is the coin, and refinement, and the show of a conscience too fine for the crude work down the hall. The deepest contempt goes to the merely clever and the merely useful. The highest praise is humane, capacious, subtle, deeply read, wise. A man rises here by seeming the most cultivated and the most serious about the human, and the seeming and the being are hard to pull apart, which suits everyone.

Under the creed sit claims about the nature of things. Law is by nature a humanistic and interpretive practice, not a science and not a market. Man is by nature a meaning-making creature, constituted by language and story before he can stand apart from them. There is a human nature, and literature shows it where the social sciences flatten it. Reading the great books forms character, a claim about the essence of literature and the essence of the self it shapes. The lawyer holds a calling, not a job, and the calling has a fixed shape: to judge well, to keep faith with the tradition, to do justice to the person. These ride as truths about the world rather than preferences about it.

From the essence comes the ought, and with it a moral grammar. You ought to read closely and write with care. You ought to attend to the loser. You ought to write opinions that persuade. You ought to treat the litigant as a whole human being. You ought to resist force with conversation, recover the lost dignity of the profession, hold the line for the humanities against the technocrats. The grammar runs on a small set of sacred words: voice, listening, attention, recognition, dignity, community, conversation, fidelity, character, imagination, the human, the made, the shared. The cardinal sin is reduction, the shrinking of a person to a unit, a law to a power play, a meaning to a number. Force is sin. The cynical and the merely instrumental are sin. To damn a colleague’s work you call it reductive, thin, mechanical, technocratic, merely clever. To bless it you call it humane and wise. The whole order turns on the line between persuasion and force, the human and the mechanical, depth and surface, the cultivated and the crude.

The young scholar at the reception learns the order before anyone states it. He has read the opinion and the Oresteia, and he keeps the second fact ready, because in this room the second fact places him. The senior man finishes his wine and looks toward the door, where the economist who gave the afternoon paper is leaving early and alone, a laptop bag on his shoulder and a flight to catch, off to advise a court that has never heard of the James Boyd White Award. The humanists keep the high ground. They lose the building. They have made a hero of the man who reads well inside a profession that pays the man who counts, and they know it, and the knowing gives their gatherings the warmth and the grievance of a faith sure that it is right and slow to win.

The Voice

White writes essays. Even his books move as linked essays rather than as treatises with a thesis marched to a conclusion. He starts from a particular text, a passage of Homer, an opinion, a poem by Herbert, and reads it closely in front of you, and the general claim rises out of the reading rather than ruling over it. The shape of his thought is inductive. He distrusts the system and the syllogism, and the prose shows the distrust.
The first thing you notice is the first person. He writes “I,” and he reports his own experience of reading, what a passage does to him, how it asks to be taken. Legal scholarship mostly hides the writer behind an impersonal authority. White steps out from behind it on purpose. Beside the “I” runs a “we,” and the “we” does work. It invites the reader into a shared act and tries to make, on the page, the community of readers his theory describes. The pronoun enacts the argument. He asks questions and leaves many of them open. He prefers to model inquiry and lets the questions stand.
The diction is plain at the level of the word and patient at the level of the sentence. He reaches for ordinary words and for the old vocabulary of literature and ethics: meaning, voice, attention, character, community, fidelity, translation, force. He keeps a short list of these and returns to them across the books until they carry a personal weight, almost a private music. He refuses jargon, the law-review apparatus, the social-science term of art. The refusal is itself a position.
The sentences run long and loop. They gather clauses, qualify, double back, add a second thought inside a comma or a parenthesis, and reach the point by accretion. He is not aphoristic. He builds. The prose performs the slow attention he recommends, so that reading him is supposed to train you in the thing he is describing. When it works, the form teaches. When it does not, it spreads thin.
His rhetoric persuades by enactment, not by proof. He does not stack premises and close with a QED. He shows you a reading and asks you to see it as he sees it, and his authority is the authority he theorizes, earned in the quality of the attention and not claimed from the chair. He writes the anti-brief. Against the memo, the model, the regression, he sets the essay, and he makes the case for a way of writing by writing that way.
There is a tone, and it divides readers. Earnest, humane, morally serious, at moments homiletic. He cares about the texts and about the reader and shows the caring. To admirers this is depth and a rare seriousness about the human stakes of law. To critics, Posner chief among them, it reads as vague and gestural, shy of definition and evidence, high-minded to the edge of self-regard, and the inviting “we” can feel like a hand on the shoulder that assumes an agreement you have not given. The style asks you to share his values before he argues for them, and a reader who does not share them finds little to grip.
As a teacher his manner matched the prose. The seminar over the lecture, the question over the lesson. He hands out a packet and asks where the authority in the writing comes from, then he listens, and the listening is the teaching. He draws a student into reading rather than telling him the rule. The same patience, the same trust that close attention to one text opens onto the largest questions.
The classical schooling shows in the cadence. Amherst classics, Harvard English, a year in Europe on a fellowship, the King James rhythms and the Latin periodic sentence somewhere underneath. The voice is formal without stiffness, a little old-fashioned, closer to the nineteenth-century man of letters than to the modern law professor. Montaigne (1533-1592) stands behind the form, the essay as a man thinking on the page and testing himself, and so does the homiletic tradition White knows from the religious texts he loves to read.

The Four Questions

1. What coalition do they depend on for status and income.
2. Who do they risk angering if they speak plainly.
3. Who benefits if their framing wins.
4. What truths would cost them their position.

White draws his income and his standing from the elite legal academy and the cluster of fields around it. The salary and the chair come from the law schools, Colorado, then Chicago, then Michigan, and from the deans and faculties who grant tenure and name professorships. The status comes from a wider set. The law-and-humanities subfield he helped found supplies the citations, the invitations, the festschrift, the prize that carries his name, and that subfield has to exist and prize its founders for his founder’s standing to hold. The literary and classical departments that gave him joint appointments lend their esteem. Above them sits the honor-granting liberal establishment, the American Academy of Arts and Sciences, the American Law Institute, the Guggenheim and the National Endowment for the Humanities, which certify a man as serious. His readers complete the coalition, a liberal educated class that believes the great books make better citizens and wants law to feel humane. He needs all of them, and all of them reward the same posture.
Speaking plainly cuts three ways against him, which is part of why he rarely does it. The law-and-economics camp holds the institutional power, the deans, the money, the ear of the courts, and a blunt charge that the quants have debased legal thought angers the colleagues who control hiring and resources. His own coalition is the second hazard. Plain words about the movement’s weaknesses, that it changes no outcomes, that the analogy between reading a poem and deciding a case runs thin, that much of it performs sensibility for status, anger the friends and disciples whose loyalty rests on the movement’s dignity. The third is the dominant faction of the humanities. White prizes the Western canon as the school of character and quietly distrusts the politicized turn in literary study. Said straight, that he reveres Homer and Augustine as formation and doubts the critical and identity-based scholarship that reads the canon as exclusion and law as nothing but power, it sets him against the people who now run his broader field. His sympathy for religious and classical sources carries the same risk in a secular academy that permits religion as a text and not as a claim.
If his framing wins, the beneficiaries are easy to name. The humanists take the keys to legal truth from the economists, and the subfield’s budget, hires, and prestige rise with the doctrine that law is rhetoric and literature. The literary lawyer and the cultivated judge gain a charter, their formation, the canon in the head and the fine sentence on the page, becoming the qualification that counts over statistics an outsider can learn. Judges gain most of all. A theory that casts them as wise translators and faithful authors dignifies their discretion as humane craft and spares them the harder description, that they exercise power. The liberal establishment that holds power and wants it to look gentle benefits from a vocabulary that renders coercion as conversation and force as persuasion. And the already-cultivated keep the high ground, because the framing rewards inherited formation over acquired technique, the man raised on Homer over the man who learned regression.
The truths that might cost him his standing are the ones the prose is built to avoid. That the law-and-literature movement has moved almost no cases and sits marginal and losing, high in prestige and low in power, so the founder presides over a refuge rather than a force. That he leaves his key terms undefined because defining them risks exposing their thinness, the charge Posner pressed and White never met head-on. That his humanism dignifies judicial power as craft and so helps unaccountable judges launder discretion as wisdom, that the persuasion he honors is often force in good clothes, and that the conversation rides on a coercion it dresses up, which makes the announced resister of the empire of force one of its quieter servants. That the canon he calls human is a particular tradition serving particular men, the educated Western liberal raised to the rank of universal man, and that prizing this formation rewards the people who already hold it. That reading great books does not reliably make better or more just men, that cultivated judges served Vichy, a thing his ally Weisberg documented, so culture and virtue come apart and the moral warrant of the whole enterprise weakens. And that the project is partly a status move in an academic war he is losing, its grammar of sin and force a weapon in that war as much as a finding about the world. To say any of these plainly is to spend the standing the coalition pays him to keep.

Posted in Law | Comments Off on James Boyd White & the Legal Imagination

Katrina Forrester: Climate Activist, Political Theorist, Intellectual Historian and Public Intellectual

Katrina Forrester (b. 1986) writes and teaches as a political theorist and intellectual historian whose scholarship has reshaped how readers understand modern liberalism, the history of political thought, and the relation between political theory and social change. She belongs to a cohort of younger scholars who have pulled political theory back toward history. Her work joins archival research to argument about present questions, among them capitalism, feminism, democracy, work, dependency, climate politics, and the future of the left. She resists the habit of treating political ideas as timeless abstractions and sets them inside the social, economic, and institutional worlds that produced them.

She was born in 1986 into a literary and scholarly family. Her mother, Lisa Appignanesi (b. 1946), writes novels and histories and comments on culture, and has led English PEN and the Freud Museum in London. Her father, John Forrester (1949-2015), ranked among the leading historians of science and psychoanalysis of his generation and taught at the University of Cambridge until his death. A home steeped in literature, history, psychoanalysis, and debate shaped her later attention to the conditions that produce systems of thought.

Forrester studied at Cambridge, where she completed a doctoral dissertation in 2013 on liberalism and realism in American political thought from 1950 to 1990. The traditions of Cambridge intellectual history marked her formation. The Cambridge School, tied most often to Quentin Skinner (b. 1940) and J. G. A. Pocock (1924-2023) and their work on early modern thinkers, supplied a method, and Forrester turned that contextualist method toward the recent past. She reads contemporary political theory as a historical phenomenon set within institutions, political struggles, and social assumptions, rather than a store of arguments standing outside time.

After the doctorate she held a research fellowship at St John’s College, Cambridge, then joined Queen Mary University of London as a lecturer in political theory. In 2017 she moved to Harvard University, where she became a central figure in the Department of Government and the interdisciplinary Social Studies program. She has held affiliations across the university, among them the Safra Center for Ethics, the Charles Warren Center for Studies in American History, the program in the Study of Women, Gender, and Sexuality, the Inequality in America Initiative, and the Harvard University Center for the Environment. At Harvard she has directed the Capitalism and Its Critics workshop, which gathers scholars working on political economy, intellectual history, and critical social theory.

Forrester reached an international readership with In the Shadow of Justice: Postwar Liberalism and the Remaking of Political Philosophy (2019), a reinterpretation of postwar political thought. The book examines the rise of the Rawlsian paradigm after the publication of A Theory of Justice by John Rawls (1921-2002). She declines to treat Rawls’s theory as a timeless contribution to philosophy and instead reconstructs the historical circumstances that let it become the dominant framework of Anglo-American political thought.

Her argument reaches well past Rawls himself. Forrester shows how the Rawlsian framework absorbed, displaced, or pushed to the margins the rival political vocabularies that had flourished during the 1960s and 1970s. Anti-colonial theories of global justice, radical civil rights critiques, socialist analyses of capitalism, and broader questions about democratic power gave way to debates over the distribution of goods within a stable liberal state. Political philosophy centered on ideal theories of justice and turned from historical struggles over institutions, class conflict, empire, and state power.

On Forrester’s account, Rawlsian liberalism amounted to more than a set of philosophical propositions. It reflected a mid-twentieth-century world marked by confidence in welfare-state institutions, steady economic growth, administrative expertise, and nationally bounded political communities. As that world gave way to globalization, deindustrialization, neoliberal reform, and widening inequality, political philosophy often stayed trapped inside assumptions inherited from an earlier era. A discipline grew more sophisticated at refining abstract principles and more distant from political realities.

In the Shadow of Justice won wide recognition in intellectual history and political theory. It earned the Merle Curti Award from the Organization of American Historians, the Society for U.S. Intellectual History Book Award, and the David and Elaine Spitz Prize. It made the shortlist for several other scholarly honors and has appeared in translation, which helped establish Forrester as a major international voice in political theory.

The book carries weight beyond its reading of Rawls. Forrester argued that whole generations of theorists worked inside a conceptual universe shaped by Rawlsian questions and categories. Even the apparent disagreements among liberals, libertarians, egalitarians, and communitarians unfolded within shared assumptions about the nature of political life. She set out to recover older traditions of thinking about democracy, capitalism, labor, social movements, and institutional transformation.

After the success of In the Shadow of Justice, Forrester turned toward the history of feminism, political economy, and theories of the state. Her research asks how social movements generate new forms of political thought and how intellectual frameworks emerge from practical struggle. She treats feminism less as a movement focused on identity or representation than as a long argument about labor, welfare, dependency, care work, social reproduction, and state power.

A central concern of her recent scholarship has been the intellectual and political transformation that came with the rise of neoliberalism in the late twentieth century. She examines how socialist feminists, welfare-rights activists, labor organizers, housing activists, and radical social workers tried to rethink the relation between capitalism and the state during a period of economic restructuring. Her work draws attention to the theoretical innovations that came out of these movements and argues that many important political ideas began outside universities and outside professional philosophy.

These themes run through her major ongoing project, In and Against: The Struggle to Remake the Welfare State in the Neoliberal Age, which studies efforts to transform welfare institutions across the long 1970s. The project follows activists who worked both inside and against state institutions, through demand-making and administrative resistance, and through squatting, organizing, and everyday disruption. The book aims to recover forgotten theories of the state that feminist, socialist, and anti-capitalist movements developed during a period of political change.

Forrester’s scholarship circles back to the concept of dependency. Against traditions that cast dependency as a social problem to overcome, she examines the ways dependency structures human relationships and political life. She draws on feminism, Marxism, psychoanalysis, and social theory, and weighs both the injustices and the necessities of dependence under capitalism.

Her interests span the history of liberalism, the history of the left in Britain and the United States, theories of work and capitalism, Marxism, feminism, psychoanalysis, environmental politics, and democratic theory. One conviction recurs across the work: political ideas cannot be understood apart from the institutions, conflicts, and social conditions that generate them.

Alongside her academic writing, Forrester has built a substantial reputation as a public intellectual. She has written essays and reviews for the London Review of Books, The New Yorker, Harper’s Magazine, Dissent, Jacobin, The Guardian, Boston Review, and New Statesman. Her public writing takes up contemporary politics, climate activism, labor struggles, surveillance, digital culture, socialism, and the long legacy of liberal political thought.

Her engagement with activism runs ahead of her academic prominence. During the 2000s she took part in British climate activism through Plane Stupid and the Camp for Climate Action movement. Those years brought her up against questions of surveillance, policing, and state power that later informed both her public writing and her research.

In method, Forrester stands between intellectual history and normative political theory. She shares the Cambridge School’s commitment to contextual historical reconstruction and applies it to the late twentieth century rather than the early modern period. At the same time she stays close to live political questions. Her work shows how ideas that look universal and timeless often turn out to be products of particular historical circumstances and political settlements.

Forrester belongs to a generation formed by the passage from the apparent triumph of liberal democracy after the Cold War to the crises of inequality, climate change, political polarization, and democratic instability that followed. Her scholarship asks how earlier generations of thinkers met comparable moments of upheaval, and what their successes and failures can teach a later politics.

As historian and theorist, Katrina Forrester has become a leading interpreter of postwar political thought. By reconnecting political philosophy to history, institutions, social movements, and political economy, she has helped redraw the study of political theory for a new generation and made herself a major voice on the relation between ideas and political change in the twenty-first century.

The Birthday of a Sacred Word: A Hero-System Reading of Katrina Forrester

The seminar meets on an upper floor in the late afternoon, the radiators ticking. A dozen students sit around a long table with the same photocopied chapter in front of them, margins already crowded. Forrester takes the chair at the head without ceremony. One question organizes the room. Where did this idea come from, and whose trouble did it answer. A student calls an argument timeless and draws a small frown. Nothing here is timeless. Every idea has a birthday, a birthplace, a set of people whose difficulty it was built to meet. To say an idea has no history is to say it has no parents, and in this room that is the one forbidden claim.

Watch the words that carry weight in that seminar and the words that draw the frown, and you have the outline of a hero system.

Ernest Becker (1924-1974) gave us the term in its strong form. Man knows he will die and cannot bear to be nothing. So he builds a scheme of meaning that lets him feel he counts in the order of things, that his life leaves a mark the grave cannot erase. The scheme hands out sacred values, and the sacred values work like coin. Spend them well inside the system and you earn the one thing on offer, the sense that you are a creature of worth in a world that means something. Becker called this cosmic heroism. The coin buys death transcendence. It is the only currency that does.

The trouble is that the coin trades in one realm and not the next. A sacred word that buys a man his significance in his own circle can buy him contempt across the street. The same syllables, the same dictionary entry, open onto different gods. This is the part the essays that line up rival systems tend to leave flat. The rivalry is not a disagreement about facts. It is a disagreement about what saves a man from oblivion.

Forrester’s sacred words are not hard to find once you sit in the room. History, first, raised almost to a moral test, the conviction that an idea stripped of its origins has been falsified. Recovery, the labor of digging out the buried alternative, the road the discipline did not take, the theory a movement worked out in a squat or a welfare office and no journal recorded. Dependency, which she lifts from the shameful pile and sets at the center, the truth liberalism spent a century denying, that no one stands alone and the pretense that he does is a lie with a politics inside it. Justice, but always justice with a date and an address, never the bare word. And under all of them, the dignity of the idea born from struggle rather than handed down from a chair.

Her own great finding is a hero-system finding, though she does not phrase it that way. In her account of the years after John Rawls, she shows how the word justice became the coin of an entire generation of philosophers. A Theory of Justice gave them a way to be serious and righteous at once, a vocabulary in which a careful man at a desk could feel he stood on the side of the good. The word spread, and as it spread it crowded out the older words, empire and class and power and the colony, until the rivals sounded dated and the new coin sounded like reason as such. Forrester recovered the buried rivals. Her heroism, inside her own system, is the rescue of the forgotten and the refusal to let a winner’s vocabulary pass for the nature of things.

Hold that finding. Then walk one of her holiest words out of the seminar and across the city, and listen to what happens to it.

Take dependency. On a parade deck a gunnery sergeant has one word for the recruit who cannot square his own gear, cannot hold his own pace, cannot carry his own load. Dependent. He says it the way other men say coward, and he drills it out of the boy for twelve weeks. Then he sends the same boy to a fireteam and teaches him the reverse. Your life is the man beside you. His life is you. Lean on him. Let him lean on you. The word splits on that deck. Dependence as a man’s failure to stand is the sin. Dependence woven between armed men under fire is the bond the sergeant calls brotherhood, and he might die for it without a breath of hesitation.

Carry the same word to a study hall in Lakewood and it turns holy from another direction. A young man sits over a folio of Talmud at seven in the morning and sits there still at ten at night. He earns nothing. His wife teaches, communal funds cover the rest, his father-in-law signed the lease. He leans on all of them, and the leaning is the design. They hold him up so his hands stay free for the page, for the one work that in his account outlasts the body and answers to Him. Call him dependent and he agrees and thanks you for the compliment. He has built his whole life to be carried, so that nothing pulls him off the text.

Carry it forty floors up, to a man in a fleece vest in front of a screen of moving numbers. Dependence has a price there, quoted in basis points. He calls it counterparty risk, correlation, exposure, and the whole craft is the cutting of it away. He wants a return that leans on no other man’s solvency, a position that lives when everyone else is wrong. Freedom, for him, is that position. He builds nothing on another man’s promise. He holds no stock he cannot sell by noon. The professor’s foundational truth is, on his desk, a defect to hedge.

Carry the professor’s other coins to a cafeteria on Calle Ocho, where an old man in a pressed guayabera drinks his cafecito at the window and watches the domino tables. He left Havana with a suitcase. He keeps a photograph of a house that belongs now to the state. Say solidarity to him. Say the critique of capitalism. Say justice, the situated kind, the kind with a politics inside it. Those were the words painted on the trucks. Those were the words the men used who came for the house, the business, the brother who did not come back. Her sacred vocabulary is, for him, the sound of the thing that ate his life. Same words. Opposite gods.

Then carry dependency one more block, to a nurse moving through a ward at the end of a long shift. She turns a body that cannot turn itself, wipes a mouth that cannot ask. Dependency is no theory to her, and no sin, and no risk on a screen. It is the plain weather of the dying. She defends it. She holds that the cruelest lesson a culture teaches is that to be carried is to be worthless, since every one of us is carried at the start and most of us again at the end. She and the professor might shake hands on the word and still hold it apart. The nurse built her reverence out of bodies. The professor built hers out of an argument about the state.

Five rooms, one word, five gods. The sergeant, the scholar over the page, the man at the screen, the exile at the window, the nurse at the bed. Each has arranged a life so that the word comes out heroic, and in each the heroism points somewhere else. The point is not that they misunderstand one another. Each understands the word fully inside the realm where it is coin. The word simply does different work in different funerals.

This is where Forrester earns a harder reading than the usual essay grants her, and a fairer one. She taught us to catch a word in the act of becoming a hero system’s currency. She showed how justice stopped sounding like one settlement among many and started sounding like reason, and how a generation of able men spent their working lives inside a vocabulary they took for the air. Turn the instrument around. Her own coins are coins too. History as a moral test, recovery as rescue, dependency as the denied foundation, these are the words that confer standing in her realm. To historicize is to be brave there. To recover the buried is to be a hero against forgetting. The student who calls an idea timeless has spent counterfeit, and the frown is the system policing its mint.

She might see this clearly about Rawls and dimly about herself, and the reason is the one Becker named. A man can study the contingency of every scheme except the one holding off his own death. The Cambridge method she carries forward can date any vocabulary on earth and has a hard time dating the room in which the dating happens. That is no charge against her. No one stands outside the system that keeps him from being nothing, and the demand that he should is itself a move in someone’s game. She is doing what the sergeant does and the scholar does and the nurse does. She is spending the coin that makes her count.

Becker’s darker note finishes the picture. The systems do not reconcile, and the reason they do not is that each is doing funeral work for the men inside it. When the exile hears the professor’s words as the sound of the trucks, he is not being obtuse. His scheme and hers cannot both be the order of things, and each man needs his to be. The word dependency spoken in the seminar and the word dependency spoken on the rifle range cannot be merged into one meaning, because each is propping up a different bid for not having lived in vain. Press two of these realms hard against each other and you get the thing Becker watched men do across history, the casting of the rival’s sacred word as a curse, so that holding to your own may feel like virtue.

What survives the essay is a plain symmetry, the kind Tom Wolfe (1930-2018) liked to leave standing without a moral pinned to it. The gunnery sergeant on the deck, the young man bent over the Gemara, the trader watching his numbers, the old man at the window with his photograph, the nurse turning the body, and the professor at the head of the seminar table, each holds a word the others would not recognize, and each is buying the same thing with it. The sense, against all the evidence the grave keeps offering, that he did not come into the world for nothing. Forrester knows the trade better than most, because she spent a career catching other people in the act of it. The instrument works on the hand that holds it. That is the whole of the finding, and it asks for no apology from her and grants her none.

The Great Delusion

In his 2018 book, The Great Delusion: Liberal Dreams and International Realities, John J. Mearsheimer wrote:

My view is that we are profoundly social beings from the start to the finish of our lives and that individualism is of secondary importance… Liberalism downplays the social nature of human beings to the point of almost ignoring it, instead treating people largely as atomistic actors… Political liberalism… is an ideology that is individualistic at its core and assigns great importance to the concept of inalienable rights. This concern for rights is the basis of its universalism—everyone on the planet has the same inherent set of rights—and this is what motivates liberal states to pursue ambitious foreign policies. The public and scholarly discourse about liberalism since World War II has placed enormous emphasis on what are commonly called human rights. This is true all around the world, not just in the West. “Human rights,” Samuel Moyn notes, “have come to define the most elevated aspirations of both social movements and political entities—state and interstate. They evoke hope and provoke action.”
[Humans] do not operate as lone wolves but are born into social groups or societies that shape their identities well before they can assert their individualism. Moreover, individuals usually develop strong attachments to their group and are sometimes willing to make great sacrifices for their fellow members. Humans are often said to be tribal at their core. The main reason for our social nature is that the best way for a person to survive is to be embedded in a society and to cooperate with fellow members rather than act alone… Despite its elevated ranking, reason is the least important of the three ways we determine our preferences. It certainly is less important than socialization. The main reason socialization matters so much is that humans have a long childhood in which they are protected and nurtured by their families and the surrounding society, and meanwhile exposed to intense socialization. At the same time, they are only beginning to develop their critical faculties, so they are not equipped to think for themselves. By the time an individual reaches the point where his reasoning skills are well developed, his family and society have already imposed an enormous value infusion on him. Moreover, that individual is born with innate sentiments that also strongly influence how he thinks about the world around him. All of this means that people have limited choice in formulating a moral code, because so much of their thinking about right and wrong comes from inborn attitudes and socialization.

Forrester spent a career showing that the Rawlsian settlement treated people as choosers behind a veil, stripped of history and station, and that the picture was a product of a particular postwar world rather than a finding about human nature. She centers dependency. She holds that no one stands alone and that the pretense of standing alone carries a politics. She recovers the social production of ideas, the theory worked out in a welfare office or a squat. On the bare anthropology, she stands nearer to Mearsheimer than to the liberals she studies. Both say the same first thing. Man is social. The atom is a fiction with a date.

The agreement is where the trouble begins, because his anthropology, pressed, cuts into the parts of her project she holds most dear.

Take the ranking of reason. Her craft is the careful reconstruction of arguments, the history of political thought, the recovery of what able people meant and why. If reason is the least of the three forces, then the history of ideas is the history of the weakest input into human conduct. The arguments she lifts out of the archive sit downstream of socialization and sentiment. They are the banners men carry, not the legs that move them. The seminar’s reverence for getting the argument right becomes, on his account, reverence for the part of man that decides the least.

Take the timing. Mearsheimer’s sharpest claim is that the value infusion lands before the critical faculties mature. By the time a man can reason well, his family and his society have already loaded him. Turn the claim on Forrester and it does not flinch. She was formed in a particular milieu, a literary and psychoanalytic and progressive London, then Cambridge, then the climate movement, then the American academic left. The sacred words of that world reached her before her critical powers ripened. On his anthropology her socialism and her feminism are the infusion, and her scholarship is the rationalization that a strong mind builds after the fact to dress an inheritance as a conclusion. This is not a charge of bad faith. He says it of everyone, of the realist as much as the idealist. He says it of himself. It lands on her because it lands on all of us, and her training gives her no exemption.

Take the boundary of the group. Here his anthropology does its hardest work against her, and the work is not obvious, because she thinks of herself as the liberal’s critic from the left. Mearsheimer’s social man is not social toward humanity. He is social toward his group, and his attachments thin fast past its edge. He will sacrifice for his own and feel little for the stranger. Nationalism, on this view, beats liberalism every time the two collide, because the nation speaks to the bounded loyalty man carries and liberalism speaks to a humanity man does not feel. Now look at the alternatives Forrester recovers. Socialist solidarity. Feminist care across the social whole. Anti-colonial justice on a global scale. Each is a universalism. Each asks a man to widen the circle of those he will carry, out past the kin and the tribe and the nation, toward a class or a sex or a species. The rock that sinks the liberal dream in his book sits under hers as well. The thing his man will not do for the foreign liberal he will not do for the foreign worker either. Her left universalism and the liberal universalism she dislikes run aground on the same coast.

Take her theory of change, the one inside the recovery itself. To dig out a buried theory of the welfare state and set it before readers is an act that assumes ideas can remake institutions, that the right argument, recovered and argued well, might move the world it describes. His anthropology denies the premise. The welfare state, on his reading, came from coalitions and fears and the bargaining of organized groups, and the theories were the flags those groups flew, not the engine that drove them. Recover the flags and you have not restarted the engine. Her major project sets out to retrieve the forgotten theories of the state that movements developed in the long 1970s. If reason trails socialization and sentiment, the retrieval is an act of memory and not of power, and the hope that it might feed a future politics rests on the force he ranks last.

Forrester might turn her own method on him. The tribe, the nation, the inborn sentiment, these are the things she has spent her life refusing to take as nature. Nations are recent. Nationalism has a history, a set of printers and schoolmasters and conscript armies that built it. The bounded loyalty he treats as the floor of human life might be one more contingent settlement dressed as biology, and the naturalizing of the contingent is the exact move she exposes in liberal theory. Mearsheimer, she might say, has written his own A Theory of Justice, a picture of timeless man offered as a finding when it is a product of a particular century’s fears. The instrument she used on Rawls works on him.

The counter is real, and it does not fully land, and seeing why is the point of the exercise. Nations are recent. The group as the unit of survival is not. The in-group attachment, the sharp falloff of feeling past the edge, the readiness to give for one’s own and withhold from the stranger, these run older and deeper than the nation-state and show up wherever men gather, in bands and clans and faiths and crews long before printers and conscript armies. Forrester can date the nation. She has a harder time dating the boundary. And the boundary is what her universalism needs to dissolve.

So the disagreement narrows to one fork. Is the edge of solidarity fixed near the group, or can politics push it outward. Mearsheimer holds it close, and his ranking of the forces tells you why he expects it to stay close. You cannot argue a man into a wider tribe, because argument is the weakest lever. You can resocialize him, but socialization is slow, runs across generations, and the standing groups fight every inch of it, since a wider circle for one tribe reads as a threat to the next. Forrester’s hope is not refuted by this. It is made expensive and slow and placed at the mercy of the very force she tends to study rather than wield. The circle might widen. The widening would take the patience of centuries and the work of socialization, not the recovery of a buried chapter.

Her deepest commitment is that better ideas, recovered and pressed, can enlarge who we carry and remake the institutions that carry them. If Mearsheimer is right, that commitment rests on the force he ranks last and runs against the two he ranks first. It is a wager that reason can overcome socialization and sentiment. That wager is the liberal wager. She has spent a career exposing it in the men who believed a well-built argument about justice might reorder the world. Run from the left, with different sacred words, it is the same bet. On his anthropology Forrester is closer to Rawls than her quarrel with him suggests, because she shares the faith that ideas drive the social, and disagrees only about which ideas should win. Mearsheimer denies the faith to both of them.

That is what becomes of Forrester if he is right. Her indictment of liberal atomism stands and grows stronger, since he supplies the anthropology her critique was reaching for. Her recovered alternatives lose their footing, because they ask of bounded man a loyalty he keeps for his own. Her theory of change inverts, because it trusts the weakest force to do the heavy lifting. And her own formation joins the evidence, one more case of a strong mind giving reasons for what a world gave it before the reasons could form. None of this makes her wrong about the harm that follows when a culture teaches a man he stands alone. It makes her, on the question of what might move men to stand together, a believer in arguments, in a book that treats the believing in arguments as the great delusion.

‘A Big Misunderstanding’

David Pinsof aims the misunderstanding myth at the intellectual who thinks the world’s troubles come from bad beliefs, the centrist who wants better discourse, the rationalist who memorizes his biases, the optimist who holds that people would behave if only they understood. Forrester is none of those. She works in a materialist tradition. She holds that ideas come from institutions and struggle, not from disembodied reason. She has spent a career mocking the picture of man as a chooser behind a veil. She is closer to Pinsof than the people he writes about, and she knows the difference between a stated reason and the interest underneath it. The frame should bounce off her.

It does not bounce off her, because her central move is the misunderstanding myth wearing a historian’s coat.

Her account of postwar political thought runs on a verb. The Rawlsian framework absorbed, displaced, marginalized, crowded out the rival vocabularies. Anti-colonial justice, socialist analysis of capitalism, the radical civil-rights critique, the questions about empire and class and power, these flourished in the 1960s and 1970s and then gave way. The discipline narrowed. A generation of able people came to mistake one settlement for reason as such. Recovery is the cure. Dig the buried alternatives back into view, show that the road was a road and not a wall, and the spell might break.

Watch where that story puts the cause. It puts the cause in the realm of attention and idea. The rivals lost because a paradigm out-competed them for the discipline’s mind, because a vocabulary spread until the others sounded dated, because a profession forgot. Pinsof has one answer to all of it. There is no misunderstanding. The socialist and anti-colonial and welfare-rights vocabularies did not lose a contest of attention. They lost a contest of power. The coalitions behind them lost money, ground, and the apparatus of the state, and the people who beat them understood the stakes and fought to win. The Rawlsian ascendancy was not a collective error waiting for a better historian. It was a victory. Forrester’s verbs hide the victors. Crowded out, displaced, marginalized, these are the passive constructions of a fight nobody is allowed to have won on purpose.

Run her diagnosis of liberalism through the same test. She says liberalism downplayed the social, ignored dependency, drifted from political reality, refined its principles while the world it described came apart. The misunderstanding myth reads this as flattery aimed at the rival. Liberalism did not miss the social nature of man through a blind spot. The atomistic picture was useful to the people who held it. It fit a professionalized philosophy that wanted clean problems, a managerial class that wanted technical answers, an order that paid its keepers to treat the going arrangement as the frame of reason. Calling the picture a mistake is the kind thing to call it. The honest thing is to call it a savvy move by people whose standing it served. They understood their incentives. They were not confused.

Now turn the same eye on Forrester, since Pinsof’s rule is that the eye turns on everyone, the analyst first. Judge her by her stated goal and she does well by it. Recover the emancipatory traditions that the discipline forgot. Restore the dignity of the idea born from struggle. Feed a future politics. Judge her by the goals Pinsof says move the savvy animal, and a second picture forms over the first. She holds a chair at Harvard. She has the Merle Curti Award, the Spitz Prize, the bylines in the right magazines, the directorship of the right workshop. In a field where left historicism is the coin, the recovery of the buried left is the move that pays. It signals the tribe. It derogates the rival paradigm and, further out, the right. It confers the standing of the person who sees what the others missed. Her work might do little to revive a dead politics and a great deal to build a living position, and on Pinsof’s reckoning the second is the point and the first is the mission statement on the cup.

Her holiest move takes the hardest hit. She lifts dependency off the shameful pile and sets it at the center, and she presents this as the recovery of a truth that liberalism suppressed. The misunderstanding myth refuses the word suppressed. Liberalism did not bury the truth of dependency by accident. The men who praised independence had every incentive to praise it, since it dressed their earnings and their standing as desert. And the elevation of dependency is not the surfacing of a hidden fact. It is a coalition’s sacred value pressed against a rival’s. Dependency is foundational valorizes the carer, the claimant, the movement, Forrester’s people. Independence is dignity valorizes the self-made man, the rival’s people. Both are weapons. Neither is a discovery. The savvy animal calls his weapon a truth and his rival’s truth a delusion, and does it without a flicker of awareness, because the flicker would cost him the fight.

The deepest cut lands on her theory of change. The recovery only earns its hope if surfacing the buried alternatives might feed a politics that remakes the institutions. Pinsof’s flat answer is that advice is bullshit and the world does not want to be saved. The movements of the long 1970s did not lose for want of good theory, and they will not come back for the supply of it. The voters have no incentive to pick up her recovered vocabulary. The parties have no incentive to fly it. The press will carry it only if it sells. The welfare state was not built by the right argument and will not be rebuilt by the recovered one. She can study the long 1970s to the last molecule, every squat and welfare office and forgotten pamphlet, and the study will leave the present exactly where it sits. The study of the hole is not the way out of the hole.

Give her the rejoinder at full strength, because she has a real one. She might say the frame describes someone else. I am no idealist, she might answer. I do not think the rivals lost because people failed to understand them. I think they lost a material fight, which is my whole point. I locate ideas in power, not in reason. I am the last person to believe that better discourse saves the world. On the descriptive question she stands with Pinsof and against the centrists he mocks, and the essay has to say so plainly.

The rejoinder holds for half the ground and gives way on the rest. Grant that she knows the rivals lost a fight. Two things survive. The first is that her own conduct goes unexamined by the cold eye she trains on everyone else. A materialist who reads the interest under every position except her own, who treats her scholarship as disinterested recovery rather than a status play in the field that feeds her, has looked through the cold lens at the whole world and held a warm mirror to her own face. This is the Daniel Kahneman (1934-2024) problem that Pinsof names. The man who found the biases said the finding changed nothing in how he behaved, because some part of him knew the biases served him. The historian who exposes everyone’s incentives keeps her own offstage. The second survivor is the hope. Even a materialist recovery, offered to readers as recovery, trades on the idea that bringing the buried back into view might bear on what comes next. That hope is the misunderstanding myth’s last hiding place. It says the trouble is that we have forgotten, that memory is a kind of repair, that the right history might do work in the world. Pinsof says memory does no such work, because the trouble was never forgetting.

So here is what the frame leaves of Forrester. Her cold reading of liberalism survives and sharpens, because Pinsof hands her the cynicism her materialism was reaching for. Her recovery loses its footing, because the alternatives were not mislaid and cannot be returned. Her dependency reframing reads as a coalition weapon rather than a rescued truth. Her hope reads as the one place she lets the myth back in. And her own position joins the evidence, a savvy animal doing what her incentives reward, building standing by carrying the flag of the buried left, derogating the liberal rival under the moralistic cover of justice and memory, and signaling the tribe that pays her keep. None of this proves her account of the past false. It argues that the account does the work Pinsof says intellectual work does, which is to raise the worker’s status while wearing the costume of repair.

The discipline took no wrong turn. Nothing broke. Political philosophy went abstract and individualist because that paid the people doing it, and the radical vocabularies went quiet because the coalitions behind them lost. There is no road to recover, because the roads were never lost. They lost. The one thing buried in Forrester’s archive is the admission that nothing was buried by mistake.

The Set

The launch is in a bookshop in Bloomsbury or in Cambridge, Massachusetts, and the room is the same room either way. White wine in plastic cups, a few bottles of something natural and cloudy on the table near the till. Tote bags from a left review or a radical press hang off the chairs. The crowd splits into the kinds you learn to read at the door. Graduate students in good coats they cannot afford, standing near the snacks, watching who talks to whom. Editors from the magazines, easy and a little bored, the people everyone wants three minutes with. A senior professor or two, holding court near the poetry shelf, deciding without seeming to decide whose book this year counts. The author thanks her interlocutors, names four or five of them, and the right people in the room nod at the right names. The nodding is the event. The book is almost beside the point.

Forrester moves through that room as a native, because she was raised in a near version of it. Her mother is Lisa Appignanesi, and her father was John Forrester, and the home was the North London literary and psychoanalytic intelligentsia at its center. The Freud Museum, English PEN, the dinner where a novelist and a historian of science argue across the table and a child listens. Her half-brother is the filmmaker Josh Appignanesi (b. 1975). This is a world where the byline in the right paper is the family trade, where reviewing is a vocation and not a side gig, where the names of editors are spoken the way other families speak of cousins. A child formed here learns before she can argue that to write seriously for serious readers is the highest thing a person can do, and that the seriousness has a politics, and that the politics leans left and reads the London Review of Books.

She took the Cambridge formation on top of the family one. The history of political thought, the lineage of Quentin Skinner and J. G. A. Pocock, the long discipline of reading a dead argument back into the room that produced it. Stefan Collini sets the tone of that world as much as anyone, the historian as a man of letters, the prose dry and exact, the contempt reserved for the colleague who treats an old book as a set of timeless claims. Raymond Geuss (b. 1946) sits at the harder edge of it, the realist who tells the political philosophers their ideal theories are dreams, and Bernard Williams (1929-2003) stands behind him as the patron saint of that suspicion. Forrester wrote her dissertation on liberalism and realism, which placed her in this argument from the start. To historicize, in this set, is the proof of intelligence. To call an idea timeless is to confess you have not done the work.

She carried the formation across the water to Harvard, and there a second prestige economy layered over the first. The Government department and the Social Studies program. Richard Tuck (b. 1949), the great Cambridge historian of political thought who made the same crossing a generation earlier. Danielle Allen (b. 1971), who moves between the seminar and the op-ed page and the commission. Michael Sandel (b. 1953), whose lectures fill halls and whose communitarian quarrel with the liberals is decades old. Harvey Mansfield (b. 1932) as the house conservative, the man the set defines itself against without quite engaging. The workshop she runs, Capitalism and Its Critics, gathers the people who study political economy and the history of the left, and the title tells you which side of the room is home. The prizes came, the Merle Curti, the Spitz, and with them the quiet problem every member of this set must manage. The chair at Harvard raises you and marks you. You have arrived, and arrival is suspect, and so you must show that you have not been bought.

The wider set is a conversation more than a place, and it has a roll of names. On the history of liberalism and its limits, Samuel Moyn (b. 1972), whose The Last Utopia rewrote the story of human rights and whose Liberalism Against Itself turned the cold eye on the Cold War liberals, the nearest thing Forrester has to a sparring partner working the same seam. On empire and self-determination, Adom Getachew, whose Worldmaking After Empire recovered the anti-colonial thinkers as theorists and not just leaders, the kind of recovery this set prizes most. On neoliberalism, Quinn Slobodian, whose Globalists found the project’s birth in the wreckage of empire, and Wendy Brown (b. 1955), who described what the market does to the citizen. On capitalism and care, Gabriel Winant, whose The Next Shift traced the move from the steel mill to the hospital ward, and Melinda Cooper, whose Family Values caught the strange marriage of free markets and traditional families. On the Democratic Party and the history of the American left, Timothy Shenk, who edits as well as writes.

Behind the cohort stand the elders of the socialist-feminist line, because dependency and care and social reproduction are the heart of Forrester’s own turn. Nancy Fraser (b. 1947), who named the crisis of care and wrote Cannibal Capitalism. Silvia Federici (b. 1942), whose Caliban and the Witch and whose old wages-for-housework campaign sit upstream of the whole conversation. Eva Feder Kittay (b. 1946), the philosopher of dependency, whose Love’s Labor put the dependent and the carer at the center of justice. Kathi Weeks, who asked in The Problem with Work why the left ever made a god of the job. These are the authorities a younger scholar cites to show she knows where the water comes from.

The magazines are the bloodstream. The London Review of Books at the top of the British ladder, the long essay as the highest form. Across the water, n+1, founded by the cohort of Keith Gessen, Mark Greif, Benjamin Kunkel, Marco Roth, and Chad Harbach, the magazine that taught a generation how to sound at once literary and radical. Dissent, the old democratic-socialist quarterly. Jacobin, which Bhaskar Sunkara (b. 1989) built into the loud organ of the revived left. Boston Review for the philosophers who want a public. New Left Review and Verso Books behind them all, the deep archive of the tradition, Perry Anderson (b. 1938) its grey eminence. A byline in these places is currency, and the members of the set know the exact exchange rate. A piece in the London Review is worth more than three op-eds anywhere a normal person reads.

The activism is part of the formation, not a footnote. Forrester came up through British climate direct action in the 2000s, Plane Stupid and the Camp for Climate Action, the world of the airport runway sit-in and the police kettle. That world hands a young intellectual two things she keeps for life. A set of memories that prove she once put her body where her argument was, and a close acquaintance with the surveilling, policing state, which later reads as authority when she writes about power. To have been arrested young is a credential here, spoken of lightly, worth a great deal.

Now the thing under all of it, the picture of the life worth living that the set holds without stating. The worthy person writes the book that turns a field, recovers what the winners buried, and stays legible in two rooms at once, the seminar and the reading group, the archive and the movement. The horror, the thing a member of this set fears the way other people fear poverty, comes in two shapes. The first is irrelevance, the book no one cites, the byline no one envies. The second is having sold out, the slow drift from scholar to pundit to consultant, the appearance on the centrist panel, the embrace by the people in power. To be useful to a foundation is permitted if you are seen to resent it. To be useful to a bank is death.

The status games run along clear tracks once you know to look. The byline ladder, with its endless argument about which rung is purest. The press your book comes from, Verso for movement credit, Harvard or Princeton for seriousness, the rare double win when a Harvard book gets read on the picket line. The chair against the purity tax, the senior post that lifts you and obliges you to perform that it has not changed you, which is why members of this set so often write themselves into their own footnotes, naming the neoliberal university that pays them as if the naming buys absolution. The channeling of the dominated, the citation of the squatter and the welfare-rights organizer and the anti-colonial pamphleteer, which lends the scholar a borrowed standing from below. And the seminar performance, the question that locates an idea in its moment and asks whom it served, the move that wins the room.

Their values, said plainly. Solidarity over self-interest, at least as the thing one praises. Equality as the horizon. History as a moral test, the conviction that to strip an idea of its origins is to falsify it. The recovery of the buried as the noblest scholarly act. Attention to power as the mark of a serious mind. Care and dependency lifted from the shameful pile and set at the center. And legibility to the right small public, the few hundred readers and editors and colleagues who decide what counts, ranked far above the wide audience the set affects to want and quietly distrusts.

Their moral grammar has a shape you can diagram, though they would not thank you for it. The cardinal sin is to treat a made arrangement as nature, to call the market or the family or the hierarchy simply the way things are. The cardinal virtue is the reverse, to show that what looks given was built by someone for some interest and could be built otherwise. Praise attaches to situating, complicating, historicizing, standing with the dominated, refusing the easy universal. Blame attaches to abstraction that hides power, to individualizing a harm that is structural, to the ahistorical, and above all to the word liberal, which in this set works as a soft slur, the name for a person who mistakes the present settlement for reason. The grammar runs asymmetric on responsibility. Structure excuses the person at the bottom and indicts the person at the top. The poor man’s failures belong to the system, the rich man’s belong to him. Complicity is a live and anxious category, which is why the self-implicating sentence, I write from inside the institution I criticize, recurs like a tic.

Their essentialist claims are the strangest part, because the set prides itself on anti-essentialism and holds firm essences all the same. Man is social before he is an individual, and the self is made of its relations. Dependency is the human condition and not a defect to outgrow. Domination is historical, never natural, and so always removable in principle. The market has a birth and could have a death. Race and gender are made and not given, which sounds like the denial of essence and operates as a deep claim about human plasticity, that almost anything in us might be otherwise. Freedom is collective and material, the having of real options, not the mere absence of a hand on your shoulder. These are not conclusions the set argues toward so much as the ground it argues from. A newcomer who questions them is not refuted. He is found to have failed the entrance exam.

The picture of significance that ties it together needs no theory to state. A life counts, in this set, when the work changes how serious people see the world, when the buried get their hearing, when the scholar walks into both rooms and neither one disowns her. Forrester has done this about as well as the set allows, which is why she stands near its center and not at its edge. She writes the book that turns the field. She recovers the forgotten radicals of the welfare office and the squat. She holds the chair and pays the purity tax in the right coin. She came up through the runway sit-in and keeps the memory bright. She is, by the lights of the people in that bookshop with the cloudy wine, what a person is supposed to become.

The Voice

Her natural form is the London Review of Books essay, and you learn the voice fastest by watching how she opens one. In a 2022 piece on the hidden labor behind the internet and the meat counter, she starts with a flat general claim, then a run of plain second-person instances, recycling, eating meat, the someone who did the killing, and lands the build on a short line: someone always has to do the dirty work. She implicates the reader through “you” and “we” and overlooks nothing about the streets, the sewers, the graves. The pattern repeats across her criticism. A calm opening generalization, a stack of concrete cases, then a clipped sentence that closes the trap.
She is, in that register, a synthesizer and a judge. The LRB review-essay lets her braid three or four books into one argument, and she stands above them rather than under them. She marshals her sources, then rules on them. In the same piece she says plainly that an argument holds up better for some examples than others, and she pushes back on the author she is reviewing where his case overreaches. She does not defer. When she wants to correct a weak move, she reaches for a stronger authority, citing Iris Marion Young (1949-2006) on political responsibility to repair an account she finds too loose.
The diction is precise and unshowy. She uses the exact sociological or Marxian word when she needs it, immiseration, complicity, moral injury, the hidden abode, and she glosses the technical terms for a general reader instead of hiding behind them. The erudition rides light. Norbert Elias (1897-1990), Marx, the hidden injuries of class arrive as quick leverage, a half-sentence each, never a lecture. She writes British, rubbish and labour and per cent, the marker of her Cambridge and London formation.
The grounding is material. She loves the hard particular. Two dollars an hour, sixty-five chickens a minute, a hundred per cent annual turnover, the refugee camps at Dadaab and Shatila, the company towns paying workers in tokens. The statistics and place names do rhetorical work. They pin abstraction to fact and make the structural claim feel reported rather than asserted. She also uses the crystallizing quote the way a good journalist does. A Hudson Valley butcher explains why customers ignore farm conditions: they don’t eat the workers.
She is cool where a lesser writer would reach for pathos. She lists the brutalities of a Florida prison in level prose, the scaldings, the beatings, the taunting, and declines to milk them. She distrusts sympathy as a guide to politics and says so. The feeling is real but held at arm’s length, because the move she cares about is the turn from the individual to the structure. She warns that the language of universal complicity dissolves agency, that if all are responsible none is, and that consumer choice makes a poor base for politics. She ends not on uplift but on a reframing, that these jobs read better as symptoms of social decay than as proof of personal guilt. That is her signature exit. The diagnosis, not the sermon.
The rhythm mixes long and short. She runs an accumulating sentence full of clauses and lists, then cuts to three or four words. She favors the dash and the parenthesis, and the asides carry most of her wit, the dry qualifier dropped in brackets, the point the author she reviews failed to make, slipped in with a faint smile. The authority is impersonal. She writes we and you and keeps the I offstage, even on subjects where her own past would license the first person.
She has written on pornography, sex work, policing, surveillance, the gig economy, rentier capitalism, privacy, Bob Dylan, and Corbynism. She moves between cultural review and political argument without changing gear, and the throughline is always the pull back toward work, capital, and the state.
Two registers sit under all this. The criticism is lean and adjudicating, built for the educated reader who is not a specialist. The scholarship, the voice of In the Shadow of Justice, runs more patient and architectural, the contextualist historian’s long reconstruction, denser and slower, more caveat and more apparatus. The journalism is the same intelligence stripped for speed.

The Four Questions

1. What coalition do they depend on for status and income.
2. Who do they risk angering if they speak plainly.
3. Who benefits if their framing wins.
4. What truths would cost them their position.

The coalition she depends on for status and income is the institution of the academic and literary left, in three layers. Her salary comes from an elite research university, the Harvard Government department and the Social Studies program, which means her material base is the endowed, donor-funded, tuition-and-grant-funded university. Her scholarly standing comes from the history-of-political-thought guild and its prize committees, the people who handed her the Merle Curti and the Spitz, who sit on the hiring and tenure and fellowship panels, who decide which book turned the field. Her public name comes from the left magazine world, the London Review of Books above all, then n+1, Dissent, Jacobin, Boston Review, and the readers and editors who staff them. Underneath all three sits the inherited capital of the North London reviewing class she was raised in. She eats from the university and she lives, as a name, from the left intelligentsia. Both hands feed her.
Speaking plainly would put her crosswise with the very people who confer that standing, and the constraint runs in a few directions at once. She cannot say the radical traditions she recovers lost because they were weak, unworkable, or unpopular, because the movement left and the colleagues who prize recovery need them to have been buried rather than beaten. She cannot question the load-bearing pieties of the campus left, the full constructivism about race and gender, the reflex that the structural always beats the individual, the favorable read on abolition and decarceration, without drawing the worst demotion her world has, the charge that she has gone liberal or centrist. She cannot train her historicizing eye on her own guild, naming the careerism and status-hunger of the academic left, without angering the peers who control her invitations. And she can attack the neoliberal university in the abstract, which is rewarded, but she cannot bite the actual donors, the endowment, or the administration that signs her checks. The permitted criticism is the kind that costs nothing.
If her framing wins, the first beneficiary is her own guild. A world where everything social is historically made rather than natural is a world that needs the historian who can narrate the making, and her method installs the contextual critic as the referee of what counts as nature and what counts as choice. The intellectual who does this work becomes indispensable rather than ornamental. Beyond the guild, the left political project gains, the socialists and social democrats and the advocates of decommodified care and an expanded welfare state, because her dependency-as-foundation and capitalism-as-contingent move the horizon of the thinkable leftward. The professional class that would staff a larger caring state gains legitimacy and budget, which sits in some tension with her scorn for the managerial liberal, since her vision would hire a great many managers. The losers are clear. The Rawlsian center loses its claim to be reason as such, the market right loses the picture of the market as natural, and the self-made independent man loses his standing as a moral ideal. Her win is the academic and political left’s win, and the overlap is close to total.
The truths that would cost her her position are the ones her framing exists to keep at bay. The first is that the roads she recovers were dead ends and not suppressed possibilities, that the radicals lost a fair fight on the merits and the votes, because to concede this guts the hope inside the recovery and with it the reason anyone should read the excavation as politics rather than antiquarianism. The second is that her own work, the recovery and the dependency turn alike, functions mainly as status and signaling inside the academy and changes nothing in the world, that it is a move in an intramural game dressed as a contribution to justice. The third is that her left universalism runs onto the same rock as the liberal universalism she mocks, that human loyalty is bounded and the wide solidarity her project assumes is a solidarity people do not feel, since admitting this would seat her beside the realist right she defines herself against. The fourth is that constructivism has limits, that some of what she would call made is stubborn and real, and that pushed all the way the structural account dissolves the agency it claims to defend. The fifth is the plainest and the most expensive, that the elite university which houses and funds her is a node of the very class order she indicts, that she is a beneficiary of the arrangement and not an outsider to it, and that the ritual line about writing from inside the institution one criticizes is a way of naming this in order not to pay for it. The last is the one that would unmake her craft, that ideas of the kind she traces sit downstream of power and do little driving, which would make the history of political thought a record of the flags and not the engine, and leave her an expert in the part of the world that decides the least.

The Four Questions For Samuel Moyn

The coalition Moyn depends on has the same shape as Forrester’s with one heavier element. His income comes from an elite research university, Yale, where he holds a chair across the law school and the history department, and the law school is a richer, more powerful guild than political theory, wired into clerkships, government service, and the international-law world. His scholarly standing comes from two guilds at once, the legal academy and the history of ideas, which gives him more institutional weight than a pure theorist and more places to fall. His public name comes from the same left magazine circuit, the New York Review, The Nation, Dissent, Boston Review, the London Review, where the long genealogical essay is his form. So he draws from the legal academy, the intellectual-history guild, and the progressive commentariat. The complication is that one arm of his coalition, the human-rights and international-law establishment housed in law schools, is the very thing he built his name attacking. He bites a hand he also shakes.
Speaking plainly has already cost Moyn more than it has cost Forrester, because he does it more. He angered the human-rights movement by arguing in Not Enough that rights displaced the larger fight over distribution. He angered liberals through the Trump years by calling their courtroom resistance and norm-talk a substitute for politics, and he drew the predictable charge that the left critic of lawfare was doing the right’s work. He angered the hawks and the liberal interventionists with Humane, the claim that making war more decent makes it permanent. He has paid in lost allies for each. What he still cannot say plainly is the symmetric thing about his own side. He cannot turn the debunking eye on the economic-justice and socialist program he favors, cannot call it as defeated and as utopian as the rights program he dismantles, without losing the coalition that rewards the dismantling. And like Forrester he can scourge the elite university in the abstract while sitting at the top of the most elite version of it, and the scourging stays abstract for the same reason hers does.
If his framing wins, the redistributive left gains at the expense of the human-rights world. A settlement where rights are not enough and mass economic politics is the real prize demotes the NGO lawyer and the liberal internationalist and promotes the socialist and the social democrat. The restraint coalition gains from his war writing, an odd alliance of the anti-imperial left and the realist right who both want the wars to end. The critics of the rules-based order gain. And the genealogist gains most reliably of all, because a world persuaded that human rights and the rule of law and humane warfare each have a hidden history and a buried politics is a world that needs the historian who can expose the history, which installs his craft as the referee of which liberal goods are real and which are alibis. The losers are the human-rights movement, the proceduralist legal liberals, and the norms-and-institutions Democrats. Part of his framing also serves people well to his right, which is the recurring discomfort of his position.
The truths that would cost Moyn his position track Forrester’s with the legal accent added. The first is that the economic-justice alternative he protects is as historically beaten and as unworkable as the rights project he debunks, that he takes a wrecking ball to one utopia and a tarp to his own. The second is that rights and legal proceduralism, for all their thinness, did real protective work, and that the not-enough thesis understates how much worse the ledger reads without them. The third is that his attacks on liberal legalism gave cover to the forces he opposes, that being the left’s in-house critic of the resistance made him useful to the right, a charge he swats away and keeps paying for anyway. The fourth is that a chaired professor at Yale Law critiquing elite power from the summit of elite power is performing a populism his own life refutes, and that he is the establishment he scolds. The fifth is that the legal academy he inhabits exists to staff and legitimate the order he indicts, so his paycheck and his subject are the same machine. And the last is the one that would hollow out his trade as it would hers, that the ideas his genealogies track sit downstream of power and drive little, which would leave the history of human rights and liberalism a study of the banners and not the army, and make him, for all the range and the output, an expert in the part of the world that moves the least.
The pair sits side by side cleanly. Both eat from the elite university and live as names from the left intelligentsia. Both install the genealogist as the judge of what is natural and what is made. Both must tell the story of a displaced alternative as suppression rather than defeat, because the hope of recovery depends on it, and both would lose the most if ideas turn out not to drive history. The difference is temperament and guild. Moyn’s home is law, richer and closer to state power, and he is a provocateur who has tested question two in public and carries the scars, having angered his own allies more than once. Forrester is the more careful operator, working inside her coalition’s comfort, her constraints latent where his are visible. He has spent some of his standing to say sharp things. She has kept hers intact.

Posted in Philosophy | Comments Off on Katrina Forrester: Climate Activist, Political Theorist, Intellectual Historian and Public Intellectual

Michael Kammen and the Making of American Cultural History

Michael Gedaliah Kammen (October 25, 1936 – November 29, 2013) ranks among the central figures in late twentieth-century American historiography and counts as a founder of the modern study of American cultural history. Across a career of nearly half a century at Cornell University, he reshaped the study of national identity by tracing how history, memory, politics, law, art, popular entertainment, and public ritual converge to form national consciousness. His scholarship helped install historical memory as a major field of inquiry, and it demonstrated that the stories a people tell about themselves carry as much historical weight as the events those stories recall.

Kammen worked at a moment when the discipline expanded past its older concentration on presidents, wars, parties, and formal institutions. Trained as a political and intellectual historian, he became an early and influential investigator of the symbolic side of American life. He examined constitutions, monuments, museums, holidays, commemorations, architecture, paintings, popular entertainment, and collective memory with the same seriousness historians had long reserved for legislation and elections. His governing claim held that American culture resists explanation through politics or economics alone. To understand the country, a historian must also study how Americans remember their past, invent their traditions, celebrate their national myths, and reconcile, or fail to reconcile, the contradictions at the heart of their society.

Early life and education

Kammen was born in Rochester, New York, on October 25, 1936. He passed much of his childhood in the Washington, D.C., area, and his attachment to American history took shape amid the monuments, archives, and political culture of the capital.

He entered George Washington University and earned an A.B. with distinction in 1958. He then moved to Harvard University, where he took an M.A. in 1959 and a Ph.D. in 1964. At Harvard he studied under Bernard Bailyn (1922–2020), whose account of the ideological origins of the American Revolution shaped a generation of scholars and helped redirect the field toward the recovery of political belief.

Bailyn’s influence runs through Kammen’s career. Both men cared about ideas, political culture, and the intellectual foundations of American society. Kammen, though, moved past his mentor’s concentration on formal political thought. He carried historical inquiry into territory that earlier scholars had treated as marginal: public memory, popular taste, artistic controversy, and the cultural uses of the past.

Cornell University

In 1965, soon after he completed his doctorate, Kammen joined the history faculty at Cornell University, and he stayed there for the rest of his life.

He rose quickly. In 1973 he became Newton C. Farr Professor of American History and Culture. He chaired the History Department from 1974 to 1976 and directed the Society for the Humanities from 1977 to 1980. Cornell served as more than an employer. It became the institutional center of his intellectual life. Across nearly fifty years he taught thousands of students and supervised roughly two dozen doctoral dissertations. Colleagues described him as generous with younger scholars, curious about emerging fields, and ready to engage historians who worked far outside his own specialties.

Many prominent academics withdraw from undergraduate teaching as their reputations grow. Kammen did the opposite and stayed devoted to the classroom. His courses drew large enrollments, above all those on American myths, national identity, and cultural memory, and students recalled his lectures for their breadth, their humor, and their capacity to link parts of American life that seemed to share no common ground. He retired in 2008 and became professor emeritus. He returned to teaching in the fall of 2013, shortly before his death.

Colonial America and the early scholarship

Kammen’s first scholarship addressed colonial America and the relationship between Britain and its North American colonies. His early books include A Rope of Sand: The Colonial Agents, British Politics, and the American Revolution (1968) and Empire and Interest: The American Colonies and the Politics of Mercantilism (1970). Both studies examined the political structures and economic arrangements that governed the empire before the Revolution. He followed them with Colonial New York: A History (1975), which remains a standing contribution to the history of colonial society.

These works established Kammen as a serious historian of early America. They also disclose the wider interests that came later. Even here he cared less about formal institutions in isolation than about the cultural assumptions and political convictions that held those institutions together.

People of Paradox

Kammen reached national prominence with People of Paradox: An Inquiry Concerning the Origins of American Civilization (1972), which won the 1973 Pulitzer Prize for History and became an influential interpretation of American culture for the rest of the century.

Kammen argued that contradiction defines American civilization. Americans honor equality and hierarchy at once, liberty and order, the individual and the community, idealism and material gain, local autonomy and national union. He treated these contradictions not as defects to be corrected but as a source of creative energy, and he held that American culture draws much of its force from the coexistence of values that pull against each other. The argument set the theme for much of his later work. He returned again and again to the tension between consensus and conflict, unity and diversity, continuity and change.

Constitutional culture

Kammen made a lasting contribution through his study of constitutional culture. In A Machine That Would Go of Itself: The Constitution in American Culture (1986), he traced the place of the Constitution in American public life. He declined to treat the document as a legal text alone and examined its career as a cultural symbol. He argued that Americans came to invest the Constitution with sacred standing, and that its authority rested not on judicial interpretation alone but also on civic ritual, public commemoration, schooling, and national myth. The book won the Francis Parkman Prize and the Henry Adams Prize and stands among the important studies of the Constitution’s standing in American culture.

Memory and the invention of tradition

Kammen’s most durable contribution came through his study of collective memory. His landmark book, Mystic Chords of Memory: The Transformation of Tradition in American Culture (1991), examined how Americans build and rebuild their sense of the past. He argued that traditions seldom arrive as fixed inheritances. People revise, reinvent, and adapt them to meet present needs. Americans remember certain events, heroes, and symbols and neglect others, so historical memory functions not as a record of the past but as a continuing act of cultural creation.

The field now called memory studies counts among the most active areas of historical scholarship. Many scholars contributed to its rise, and Mystic Chords of Memory serves as a foundational text that helped establish the field within American historiography.

Public history and historical consciousness

Kammen’s interest in memory carried him into public history. He studied museums, historical societies, commemorations, monuments, heritage tourism, and the ways ordinary citizens meet the past outside the university. A Season of Youth: The American Revolution and the Historical Imagination (1978), Selvages and Biases: The Fabric of History in American Culture (1987), and In the Past Lane: Historical Perspectives on American Culture (1997) examined the relationship between professional historians and popular historical understanding. He held that professional scholarship is essential and that history belongs to the public and should remain accessible beyond the academy.

That commitment linked him to the world of state and local history. His wife, Carol Koyen Kammen, became a respected local historian and public-history advocate. Each pursued an independent career, and both shared an interest in how communities preserve and interpret their own pasts.

Art, culture, and public controversy

Kammen kept challenging the boundary between elite culture and popular culture. In American Culture, American Tastes: Social Change and the Twentieth Century (1999), he traced shifting cultural standards and aesthetic judgment. His biography The Lively Arts: Gilbert Seldes and the Transformation of Cultural Criticism in the United States (1996) studied Gilbert Seldes (1893–1970), the critic who fought to legitimize popular culture as a subject of serious attention.

Late in his career Kammen turned toward visual culture. In Visual Shock: A History of Art Controversies in American Culture (2006), he investigated fights over artistic censorship, public funding, museum exhibitions, and offensive imagery, and he showed how disputes over art expose deeper political and social conflict. Arguments about paintings, sculptures, photographs, and monuments often become arguments about national identity. His study of the painter Robert Gwathmey (1903–1988), Robert Gwathmey: The Life and Art of a Passionate Observer (1999), belongs to the same line of inquiry. Across these books the old theme of paradox holds. Conflicts over culture reflect the broader tensions that occupied him throughout his life.

An extraordinary range

Few historians have written across as many fields. His major books include A Rope of Sand (1968), Empire and Interest (1970), People of Paradox (1972), Colonial New York (1975), A Season of Youth (1978), A Machine That Would Go of Itself (1986), Selvages and Biases (1987), Mystic Chords of Memory (1991), Contested Values: Democracy and Diversity in American Culture (1995), The Lively Arts (1996), In the Past Lane (1997), American Culture, American Tastes (1999), Robert Gwathmey (1999), A Time to Every Purpose: The Four Seasons in American Culture (2004), Visual Shock (2006), and Digging Up the Dead: A History of Notable American Reburials (2010). In all he wrote or edited more than three dozen books, published over 165 scholarly essays, produced hundreds of book reviews, and delivered roughly 240 invited lectures.

Recognition and personal life

Kammen’s work drew wide recognition. His honors include the Pulitzer Prize for History (1973), the Francis Parkman Prize (1986), the Henry Adams Prize (1986), election to the American Academy of Arts and Sciences, several major fellowships, and the American Historical Association Award for Scholarly Distinction (2009). The 2009 award stands among the highest honors in the profession and recognized a lifetime of achievement.

On February 26, 1961, Kammen married Carol Koyen Kammen, and the marriage lasted more than fifty years. They had two sons who built distinguished academic careers of their own. Daniel M. Kammen became a leading scholar of energy policy and sustainability at the University of California, Berkeley. Douglas Anton Kammen became a scholar of Southeast Asian politics and history and joined the National University of Singapore. Three grandchildren completed the family. Friends and colleagues remembered Kammen for his humor, his kindness, his generosity, and his appetite for ideas as much as for his scholarship.

Legacy

Michael Kammen helped redefine what historians study and how they study it. He showed that constitutions, monuments, holidays, museums, paintings, popular entertainment, and public memory belong to serious historical inquiry, and he bridged political history and cultural history, elite institutions and popular taste, scholarly rigor and public engagement. He held a middle position between the older political historians and the more theoretical cultural critics, stayed committed to empirical research, and welcomed new questions about symbols, memory, and identity. His influence continues through the historians who study public memory, constitutional culture, heritage, commemoration, and national identity.

The American Association for State and Local History established the Michael Kammen Award to honor outstanding contributions to state and local history, a fitting tribute to a scholar who spent his career showing that history lives not only in archives and classrooms but also in the memories, traditions, and cultural practices of ordinary people. More than most American historians of his generation, Kammen lit the relationship between history and memory. His central insight held that nations endure not through governments and institutions alone but through stories, symbols, traditions, and shared understandings of the past, and through those investigations he helped Americans grasp how they came to imagine themselves as a people.

‘A Big Misunderstanding’

David Pinsof builds his argument around a flattering story he says intellectuals tell themselves: the world’s problems come from misunderstanding. People are biased, ignorant, gullible, misinformed, and the intellectual, whose trade is understanding, becomes the one who can fix them. Pinsof rejects the story. People understand their incentives fine. What looks like error is strategy. Partisans hate because they compete over the coercive apparatus of the state. Stereotypes track reality. The cynical truth gets coded as icky, so intellectuals perform idealism and reach for the kinder explanation. The trick, he says, is to confuse stated motives with actual motives, to read a mission statement as a goal. Judge people by what they claim to want and they look like failures. Judge them by what they pursue, status, allies, moral standing, resources others lack, control of the state, and they look rational, because they are.

Turn this on Kammen, and two of his signature ideas come under pressure.

Start with paradox. Kammen builds People of Paradox on the claim that Americans hold contradictory values at once. Equality and hierarchy. Liberty and order. The individual and the community. He treats the contradiction as real and as a source of creative energy. Pinsof’s read drains the puzzle. There is no contradiction at the level of motive, only at the level of stated principle. A man invokes equality when equality serves him and hierarchy when hierarchy serves him. He praises local autonomy when the locals are his and national power when the nation is his to direct. The values do not fight in his head. They sit in his toolkit, and he reaches for whichever one pays. What Kammen calls paradox, Pinsof calls people serving interests behind a screen of principle. The mystery exists only if you take the stated values as the thing to explain. Drop that assumption and the paradox goes.

Kammen comes closer to Pinsof on memory. Mystic Chords of Memory shows that traditions are not fixed inheritances. People revise them, reinvent them, fit them to present needs. Pinsof grants most of this. People do manufacture their past. Where the two part is the why. Kammen routes the manufacture through cultural need, national self-understanding, the work a society does to hold itself together. Pinsof routes it through status and coalition. A group remembers what it pays to remember. It honors the dead who flatter the living and forgets the dead who indict them. The selection is no failure of accuracy and no noble act of collective meaning. It is savvy. So Kammen names the deed and flinches at the motive. He sees that the past gets built. He will not say it gets built to win.

The reading bites hardest on the Constitution. In A Machine That Would Go of Itself, Kammen shows Americans investing the document with sacred standing, surrounding it with ritual, commemoration, and civic faith. He treats the reverence as the thing to study. Pinsof asks what the reverence does. A sacred value, on his account, is a coalition marker and a weapon. You raise the Constitution to holy standing because holiness puts your reading of it past argument and shames the rival who reads it differently. The fights Kammen describes, over what the document means and who gets to say so, are the fights Pinsof predicts: zero-sum competition over the coercive apparatus of the state, dressed in sacred language so the winner looks pious and the loser looks profane. Kammen records the civic faith with affection. Pinsof reads the same faith as a club.

Kammen half-sees the construction Pinsof insists on, which makes him a softer target than the bias-correctors and divide-bridgers Pinsof skewers. The misunderstanding myth has a quiet version that still fits. The historian who decodes a nation’s memory becomes the man who understands the nation better than the nation does. The generosity, the warmth, the talk of history belonging to the public, all of it seats a man at the head of the table he is setting. Saying the past belongs to everyone is a fine way to keep the keys. And the field of memory studies, which Kammen helped found, runs on collecting the public’s distortions of its own past, the academic cousin of Pinsof’s misunderstanding-collecting, with one difference Kammen never quite states. The distortions are not mistakes. The public remembers what it has an incentive to remember.

Pinsof also reads the tone. The reach for paradox over competition, for creative tension over plain interest, for civic faith over coalitional weaponry, is the move of a man who knows that cynicism reads as mean in the seminar room. The warm account is the safe account. It signals that the author is a sweetie, and it works. The kinder story about American memory is also the more publishable one, the one that wins the Pulitzer and the named chair and the lifetime award, because the people handing out those honors prefer to hear that a nation’s myths are creative rather than that they are weapons.

Kammen looked harder at construction than most historians of his day and got most of the way to the savvy view. He saw that Americans build their past, sacralize their charter, and choose their heroes. He stopped one move short. He gave the building a kind motive. Pinsof finishes the move. People do not misunderstand their history. They use it. The selective memory, the invented tradition, the sacred Constitution, the creative paradox, none of it is a puzzle for a wiser interpreter to solve. It is a savvy animal doing what pays. On Pinsof’s reading, the only thing Kammen misunderstood is that there was anything to understand.

What the Dead Are For: Michael Kammen’s Hero System

In the fall of 2013 an old man returns to a classroom at Cornell he had left five years before. He is dying. The students do not know it. He stands at the front of the room and teaches what he has taught for almost half a century, how a people keeps its dead alive, and a few weeks later he is one of the dead himself.

Ernest Becker (1924–1974) gives us the frame to read that scene. In The Denial of Death he argues that man is the animal who knows he will die and cannot bear it, and that culture is the shared project built to make the death bearable. A hero system, in Becker’s sense, is a set of rules a society offers for earning significance that outlasts the body. Raise a cathedral. Father a line. Write a book. Die for the flag. Each is a way of saying the grave is not the end of me. Becker’s claim is that almost everything a man calls meaning is a bid for symbolic immortality, made against a terror he keeps out of sight.

Kammen spent his career on the technology of that bid. His sacred value is memory. Not memory as a faculty of the brain, but memory as the thing a people does with its dead. He studied monuments, holidays, commemorations, sacred charters, and reburials, and he treated all of it as one subject: how the living arrange the dead so the living can go on. Digging Up the Dead is a history of Americans exhuming and reinterring their famous corpses, moving the bones to better ground, and it reads now as the most honest title he ever chose. The man was always digging up the dead.

Here is where the standard hero-system essay stops, with the protagonist’s sacred value named and a rival or two lined up against it. Kammen asks for more, because his value will not behave like the others. Memory is not one sacred value beside courage or purity or freedom. Memory is the ground all the other systems stand on, since every hero system finally turns on some arrangement of the dead. So the right way to see Kammen is to walk the rooms where his one word breaks into many, and to watch the same word mean things that cannot be reconciled.

Walk into a Family History Center on a weekday morning. Fluorescent light, gray carpet, a retired man in a white shirt with a lanyard, a screen where a microfilm reader used to sit. He has traced a great-great-grandmother to a parish register in Denmark, a woman who died unbaptized in the faith he holds, and this week the temple work was done in her name. “We don’t lose anybody,” he says. For him memory seals the dead into an eternal family, and the work of recovering a name is the work of salvation. The past is a rescue operation that never closes. To remember is to redeem.

Cross the country to a meditation hall. A bell, a row of cushions, a teacher with a shaved head and a borrowed robe. Here the project runs the other way. The dead are not to be recovered. The self is not to be preserved. “You are not the story you keep telling,” the teacher says, and he means it as good news. The hero in this system earns his immortality by dissolving the very self that craves to persist, by loosening the grip of memory until the chain of clinging breaks. To remember, here, is to suffer. The heroic act is to let go.

Stand in a town square between two people who will not look at each other. A bronze cavalryman on a granite base. On a folding chair beside it an older White woman with a thermos. Across the grass a young Black man with a clipboard. She says her great-grandfather rode with the man on the horse, that the statue holds his courage and his name, and that you do not tear down a man’s grandfather. The young man says his own great-grandmother was held as property three blocks from where the bronze stands, and that the statue tells her she still is. The same metal. Two hero systems that share a square and nothing else. One remembers to honor a lineage. One remembers to indict a crime. Each calls the other’s memory a lie, and each is a complete account of what the dead are for.

Drive to an office with kombucha on tap and a founder in a fleece vest. On the wall, a chart of biomarkers. He has a cryonics contract and a shelf of compounds and no patience for any of this. “Memory is a backup of a system you let crash,” he says. “I’m not backing it up. I’m keeping it running.” He wants to beat death the literal way, in the body, in the cell, and he finds the monument and the prayer and the family seal grotesque, consolation prizes handed out to people who surrendered. The past is friction. Only the future is sacred. To him the historian is a curator of defeat.

Then a sanctuary on the holiest evening of the Jewish year. White robes, a worn prayer book, a wall of small plaques with bulbs that light on the anniversary of a death. The cantor leads the memorial service and the room stands and the names are read. “We do not invent this,” he says. “We are commanded to remember.” His system inverts Kammen’s most famous claim. Kammen argued that traditions are made and remade to serve the present. The cantor holds that the duty to remember comes from outside the present, handed down and binding, and that the day he treats it as his own invention is the day it dies. For him memory is covenant. To forget is to break faith with God and with the dead at once.

Five rooms, one word, no agreement. The Mormon redeems the dead, the monk releases them, the woman honors them, the young man arraigns them, the founder discards them, the cantor obeys them. Each man is a hero on his own terms and a fool on everyone else’s. That is the part the cynic misses and the part Becker saw. The systems are not arguments about a fact. They are rival answers to the one terror, and a man cannot stand inside more than one of them at a time.

Kammen could stand in the doorway of every room. That is his hero system, and it is a strange one. He does not seal the dead or release them or honor or arraign them. He maps the others doing it. His relation to memory is the scholar’s relation, one step back from every altar, and his bid for significance is to be the man who understood the bids. He named the field. He wrote the books that taught a generation to see the monument and the holiday and the reburial as one subject. Mystic Chords of Memory and A Machine That Would Go of Itself are field maps of other people’s immortality, drawn by a man who claimed no plot on any of the grounds he charted.

Kammen won the immortality he catalogued. The Pulitzer, the named chair, the lifetime award from his profession, and then the cleanest stroke of all: the American Association for State and Local History created a prize and put his name on it, so that the student of how communities honor their dead became a thing communities use to honor their dead. He spent a career on reburial and joined the honored corpses he had studied. The man who explained the monument got a monument. His own system offered him one form of life past the grave, the scholar’s form, to be remembered as the one who explained remembering, and the profession granted it.

Go back to the classroom in the fall of 2013. The old man does not give the students an answer, because his system has no answer, only the map. He hands them the question instead, which is the only thing a teacher can leave that outlives him. He dies in November. The course runs on in other hands. The dead historian becomes a name on a reading list and a prize and a shelf of books, which is to say he becomes exactly what he studied, a piece of memory that the living arrange so the living can go on.

The Great Delusion

In his 2018 book, The Great Delusion: Liberal Dreams and International Realities, John J. Mearsheimer wrote:

My view is that we are profoundly social beings from the start to the finish of our lives and that individualism is of secondary importance… Liberalism downplays the social nature of human beings to the point of almost ignoring it, instead treating people largely as atomistic actors… Political liberalism… is an ideology that is individualistic at its core and assigns great importance to the concept of inalienable rights. This concern for rights is the basis of its universalism—everyone on the planet has the same inherent set of rights—and this is what motivates liberal states to pursue ambitious foreign policies. The public and scholarly discourse about liberalism since World War II has placed enormous emphasis on what are commonly called human rights. This is true all around the world, not just in the West. “Human rights,” Samuel Moyn notes, “have come to define the most elevated aspirations of both social movements and political entities—state and interstate. They evoke hope and provoke action.”
[Humans] do not operate as lone wolves but are born into social groups or societies that shape their identities well before they can assert their individualism. Moreover, individuals usually develop strong attachments to their group and are sometimes willing to make great sacrifices for their fellow members. Humans are often said to be tribal at their core. The main reason for our social nature is that the best way for a person to survive is to be embedded in a society and to cooperate with fellow members rather than act alone… Despite its elevated ranking, reason is the least important of the three ways we determine our preferences. It certainly is less important than socialization. The main reason socialization matters so much is that humans have a long childhood in which they are protected and nurtured by their families and the surrounding society, and meanwhile exposed to intense socialization. At the same time, they are only beginning to develop their critical faculties, so they are not equipped to think for themselves. By the time an individual reaches the point where his reasoning skills are well developed, his family and society have already imposed an enormous value infusion on him. Moreover, that individual is born with innate sentiments that also strongly influence how he thinks about the world around him. All of this means that people have limited choice in formulating a moral code, because so much of their thinking about right and wrong comes from inborn attitudes and socialization.

If Mearsheimer is right, Kammen becomes Mearsheimer’s witness, and a better one than Mearsheimer found for himself. Mearsheimer needs a transmission belt, some engine that carries the value infusion into the long childhood and binds the grown man to his group. He gestures at family and society and leaves the machinery dark. Kammen spent fifty years lighting it. The holidays, the monuments, the schoolroom myth, the civic ritual, the sacred charter read aloud, all of it is the value infusion at work, and Mystic Chords of Memory reads as a field manual for how a nation loads its young before the young can answer back. Kammen thought he was writing cultural history. On Mearsheimer’s reading he was charting the socialization that beats reason, the force Mearsheimer asserts and Kammen documents.

The second consequence cuts at Kammen’s signature idea. People of Paradox holds that Americans balance liberty against order, the individual against the community, and draw creative energy from the tension. Mearsheimer denies the balance. The social and national side comes first because survival requires it. The individualist side is a late ideology, thin and recent, laid over a deep tribal floor. So the paradox is a hierarchy wearing the mask of a balance. Americans do not hold liberty and community as equals in permanent suspension. They run on community and tell themselves a story about liberty, and when the two collide the nation takes what it needs and the individual yields. Kammen’s tension is real as a story Americans tell. As an account of what holds the country together it sets a thin thing beside a deep thing and calls them partners.

The third consequence reaches Kammen’s constructivism. He argued that traditions are made and remade to serve the present, and the liberal mind hears in that a kind of freedom, the past as clay the living rework. Mearsheimer narrows the freedom hard. If the value infusion lands in childhood before reason wakes, then a man does not select his nation’s myths the way he selects an argument. The myths arrive first and build the man who later imagines he is choosing. Kammen is right that traditions change. He overstates how much of the change is chosen, because the chooser is already a product of the tradition he proposes to revise. The hand that reworks the clay was shaped by the clay.

The fourth consequence turns on the author. Kammen stood one step back from every American myth and mapped it with the scholar’s distance, and he trusted that distance. Mearsheimer takes the distance away. No one stands outside the value infusion, the historian least of all, because the historian was a child once too. Kammen’s frame, pluralist, ironic, sure that traditions are constructed and so revisable, is the creed of his own tribe, the postwar American research university in the human-rights era Moyn describes. That creed was infused in him before his reason matured, by graduate seminars and disciplinary honors and the moral climate of his guild. The man who taught a generation that every tradition is invented sat inside an invented tradition he could not name, the liberal academy’s faith that reason and evidence float free of the group that trains them. On Mearsheimer’s anthropology that faith is the deepest socialization of all, the one its holders read as the absence of socialization.

The last consequence is the largest. Kammen studied the American argument over memory, the fights over which heroes, which holidays, which reading of the charter, the revisions and the contests and the pluralism, and he found there an open and creative culture forever remaking itself. Mearsheimer says he studied the weather and missed the climate. The argument over which myths is loud and visible and endless. The truth beneath it never changes. Americans contest the content of the binding and never the binding. No faction proposes to live unbound by any shared past, because a people cannot survive that way, and survival is the floor under everything Mearsheimer describes. Kammen’s catalog of the contests is accurate and his sense of their meaning is liberal. The contests are surface motion on a tribal sea that does not move. He gave fifty years to the variety of American memory, and the one thing his frame could not let him see is that the binding is not optional, not balanced against the free individual, not chosen in adulthood by reasoning men, but the price a social animal pays to go on living in a group.

If Mearsheimer is right, Kammen keeps his data and loses his framing. The monuments and the mystic chords and the sacred Constitution stay exactly where he put them, and they stop meaning what he thought. They are not the creative play of a free and pluralist people. They are the value infusion by which a tribe makes its young its own before the young can reason, and Kammen, who saw the infusion more clearly than almost any historian of his century, read it as freedom because freedom was the myth his own tribe had infused in him.

The Consecrated Heretic: Michael Kammen and the Boundary of History

Pierre Bourdieu (1930–2002) gives us a way to read a scholarly life as a trajectory through a field. A field is a structured space of positions where players compete for a particular kind of capital and for the authority to say what the game is. Cultural capital is the competence and the credential a man carries. Symbolic capital is the recognition others grant him, the honor that lets his word land as authoritative. Habitus is the set of dispositions a life lays down in him, his feel for the game. Consecration is the act by which an institution turns a man’s capital into legitimate authority, a rite that announces: this one is real. The highest stake in a field is never winning a single round. It is the power to redraw the boundary, to rule what counts as the game and what falls outside it. Kammen’s career is a clean case of every part of this.

Start with habitus. A boy grows up in the Washington capital among monuments, federal buildings, and the staged memory of a nation, and the dispositions of that childhood settle into him before he chooses anything. He takes his first degree at George Washington University, in the same city. The objects he will later rule into history, the monument, the commemoration, the sacred charter, are the furniture of the world that formed him. His feel for which subjects will repay study is habitus reading the field before the field knows its own next move.

The doctorate is a rite of institution. At Harvard, Kammen studies under Bailyn, and the lineage hands down more than method. It hands down consecrated authority, the inherited capital of a master whose own standing the field already honors. A degree from that house, under that man, certifies the student as a legitimate heir. Kammen enters the field carrying capital he did not earn from scratch, the way an heir enters a market already holding shares.

Then conversion. The Pulitzer for People of Paradox, the Newton C. Farr chair at Cornell, the Francis Parkman Prize and the Henry Adams Prize for A Machine That Would Go of Itself, election to the American Academy of Arts and Sciences, and at the close the American Historical Association’s award for a lifetime of distinction. Each is a consecration. Each converts work into recognition and recognition into the authority to define what good work is. The capital compounds, and by the middle of his career Kammen no longer plays for position. He plays for the boundary.

Kammen spends his standing to widen the field, ruling monuments, museums, holidays, popular entertainment, and ordinary taste into legitimate history. The expansion looks like an argument that won on its merits. On Bourdieu’s account it won on capital. The field hears the redraw as a founding rather than as a heresy because the orthodoxy had already crowned the man proposing it. A junior scholar who urged the same expansion would read as a crank with no feel for the discipline. Kammen urging it reads as a discipline finding its future. The difference is not the argument. The difference is the volume of consecrated capital standing behind the same words. The avant-garde a field accepts is the one it has already honored, and Kammen is the consecrated heretic, the man licensed to break the rule because the rule-keepers made him one of their own first.

The erasing of the line between elite and popular looks like a leveling, and it is the opposite. In Distinction Bourdieu reads taste as a marker of position, the way refined judgment sorts people by rank. The scholar who takes comic strips and museum fights and the four seasons in American life as serious objects performs a sovereign and capacious taste, the bearing of a man so secure in his cultural capital that he can study the popular without any fear of falling. The Lively Arts, American Culture, American Tastes, and Visual Shock are not descents from the high ground. They are the high ground rebuilt one floor up. Kammen does not abolish the hierarchy of taste. He relocates it to the place where he stands, the meta-position of the historian who can see all tastes as data. To study popular taste from a named chair is to consecrate yourself as the one who grants the popular its legitimacy, which is the most refined distinction of all.

His insistence that history belongs to the public reads as humility, the professor stepping down from the tower. Bourdieu reads it as a position-taking inside the academy, not a step out of it. The man who speaks for the public draws the authority of the public to himself while keeping his chair, his prizes, and his graduate students. He takes a stand against the territorial, jargon-bound, narrowly professional historian, and the stand is a move in the same game those historians play, made from a stronger square. The world of state and local history, the public-history wing his wife helped lead, gives him a second base of capital, a flank that the narrow academic struggle cannot reach. The historian who throws open the gate is still the man who holds the keys, and holding the keys is the position.

Founding a subfield is the largest accumulation a scholar can manage, larger than any single book, because the founder sets the positions later players must occupy and becomes the reference whose citation grants them entry. Kammen helped found the study of memory in American history, which makes him a consecrating authority, a man whose name in a footnote admits a newcomer to the conversation. The American Association for State and Local History then placed his name on a prize. That is a rite of institution, and it perpetuates his consecrating power past his death. Symbolic capital reaches its most durable form when it stops depending on the man and becomes an instrument the field uses to consecrate others. Kammen, dead, still confers legitimacy every year the award is given.

The player believes in the game. The stakes feel real to him because the dispositions that make him a player are the same ones that make the stakes feel real, and the sincere belief that the work is a disinterested search for truth is precisely what makes a man effective at the work. Kammen believed monuments were worth the study and believed history belonged to everyone. The belief is the engine, not a cover for one. The cultural field pays its highest symbolic profit to the player who appears to want nothing from it, so the disinterest is the investment. Kammen looked like the historian who walked away from the academy’s small game for the public’s large one. On Bourdieu’s reading he never walked away. The move that looked like leaving the field was the field’s own logic carried to its finish, performed by a man with the capital to perform it and the habitus to mean every word.

The Set

Place the set first. It lives in the seminar rooms and faculty clubs of a small number of universities, Harvard and Yale and Columbia and Princeton and Berkeley and, in Kammen’s case, Cornell, across the decades that run from the early sixties to the turn of the century. It gathers once a year at the convention of the American Historical Association and again at the Organization of American Historians, in hotel ballrooms where the job interviews happen in bedrooms and the reputations get made and broken at the receptions. Its elders set the air Kammen breathed. Richard Hofstadter (1916–1970) at Columbia, Daniel Boorstin (1914–2004) at Chicago and then the Library of Congress, Henry Steele Commager (1902–1998), Perry Miller (1905–1963) and Oscar Handlin (1915–2009) at Harvard, C. Vann Woodward (1908–1999) and Edmund Morgan (1916–2013) at Yale, John Higham (1920–2003) and David Brion Davis (1927–2019). These men taught that America had a character large enough to hold a single ambitious book, and that writing the book was the highest thing a historian could do.

Kammen comes up through the most consecrated line of all. He takes his doctorate at Harvard under Bailyn, and the house Bailyn built turns out a generation of early-Americanists who become his peers and rivals: Gordon Wood (1933–2026), who won the Pulitzer for the radicalism of the Revolution and trained two generations at Brown, Pauline Maier (1938–2013) on the Declaration, Jack P. Greene (b. 1931) on the colonial constitution. Kammen begins there, in colonial agents and mercantile politics, and then turns toward memory, which carries him into a wider world. At Cornell his circle is Walter LaFeber (1933–2021), the diplomatic historian whose lectures filled the largest hall on campus, Mary Beth Norton (b. 1943) in women’s and colonial history, Dominick LaCapra (b. 1939) in intellectual history and theory, and, in the public-history world next door, his wife Carol Kammen, the local historian.

Ask what the set values and you get a clear answer. It honors the synthesizer. The figure these people admire reads everything in a field, masters the archive past any rival’s ability to catch him out, and produces the long interpretive book that reorganizes how everyone else sees the subject. He writes prose a scholar respects and a literate citizen can follow. He wins the large prize. He trains students who carry his questions forward and cite him at the head of their own books. He serves the guild, edits the journal, sits on the committee, runs the association. The life the set treats as great is the life that ends with a shelf of synthetic books, a named prize, a line of students, and a method that outlives the man. Generosity to the young is a real virtue in this world and a shrewd investment at once, because the students are the part of a scholar that keeps working after he stops.

The status games run on recognition handed out by a small number of people who decide what counts. The Pulitzer, the Bancroft, the Parkman, the Henry Adams. The named chair. The presidency of the AHA or the OAH. Election to the American Academy of Arts and Sciences. The editorship of the American Historical Review or the Journal of American History, which lets a man decide what gets reviewed and by whom. And above the prizes, the crossover, the review essay in the New York Review of Books or the front of the New York Times Book Review, which carries a scholar’s name out of the guild and into the country. The currency is not money. The currency is the regard of the few hundred people whose regard the set agrees to count, and the feuds are fought in print, in the long review that runs three pages and lands its worst blow with a single adjective.

The deepest game of all is the fight over what counts as real history, and it splits the set down the middle. On one side stand the top-down men, the political and intellectual and cultural historians who study founders, constitutions, presidents, and the national mind. On the other side, the new social historians who came up in the sixties saying the story belonged to the crowd, the sailor, the slave, the millworker, the farm wife. Jesse Lemisch (1936–2018) called for history from the bottom up and called the consensus historians servants of power to their faces. Herbert Gutman (1928–1985) rebuilt the history of the working class, Eugene Genovese (1930–2012) the world the slaves made, Howard Zinn wrote the people’s history that sold by the million, and behind them all stood the Englishman E. P. Thompson and, in early-modern Europe, Natalie Zemon Davis (1928–2023). The fight was about honor and about who would hold the chairs. Kammen rode the seam. He took ordinary memory and popular taste seriously, which bowed to the bottom-up insurgents, and he kept the synthetic ambition and the civil manner of the top-down elders, which kept him in their company. He found a subject that let him belong to both camps and answer to neither.

That subject pulled him into a second circle, the one that studies how nations make their pasts. The Frenchman Pierre Nora (1931–2025) built the seven volumes on the sites of French memory. David Lowenthal (1923–2018) wrote that the past is a foreign country and spent his life on the line between history and heritage, where heritage is what a people selects from its past to feel good about itself. Eric Hobsbawm (1917–2012) and Terence Ranger (1929–2015) edited the volume that taught everyone the phrase invention of tradition. Benedict Anderson (1936–2015) gave them the imagined community. In the American wing, John Bodnar (b. 1944) studied public memory and commemoration, Roy Rosenzweig (1950–2007) surveyed how ordinary Americans actually use the past, Jay Winter (b. 1945) wrote the memory of the Great War, and David Blight (b. 1949) showed how the nation remembered its Civil War by forgetting the freed slave. These scholars agree on a discovery, that the shared past is made and remade, and they police one fault line among themselves without end, the line between disciplined history and self-serving memory.

The normative claims, the oughts the set enforces, follow from the values. A historian ought to read the whole literature before he writes a word. He ought to master the archive and never let a rival catch him in an error of fact, because an error of fact is the one wound from which a reputation does not recover. He ought to write for the scholar and the citizen at once and treat the refusal to do either as a failure. He ought to avoid presentism, the reading of the past through the wants of the present, and he ought to avoid antiquarianism, the loving of the past for its own dust. He ought to serve the guild and mentor the young. He ought to guard the autonomy of history against the politician who wants a usable past and against the market that wants a flattering one. And he ought to study the founding and the Constitution with seriousness, neither debunking them as fraud nor worshipping them as scripture.

The essentialist claims, the things the set treats as given rather than made, sit underneath all of it and carry a quiet irony. The elders believed America had a real and distinctive character, that one could speak of the American mind and the American people as things that exist. They believed a craft-trained historian could reach a disciplined objectivity, a view earned by method and standing above mere opinion. They believed the archive holds a knowable past and that evidence settles questions. Lowenthal drew a firm border between history, which is disciplined, and heritage, which is self-serving, and treated the border as real. And the whole set treated the nation as a durable subject worth a lifetime. The irony is plain. A set that taught the world that traditions are invented and memory is constructed held its own craft, its own archive, and the nation it studied to be no inventions at all but solid ground.

The moral grammar shows in the praise words and the blame words. To praise a book the set reaches for magisterial, learned, judicious, humane, capacious, synthetic, definitive. To bury one it reaches for thin, tendentious, presentist, reductive, antiquarian, polemical, ideological. From the guild side, popularizing is an insult. From the public-history side, ivory-tower is the answer. The cardinal sin for the professional is the factual error and the special plea. The cardinal sin charged against the professional is irrelevance and contempt for the ordinary reader. The test that governs the whole grammar is civility. A man fights by reviewing the book, not by denouncing the author, and the sixties insurgents broke that rule on purpose because they thought the civility was a way of protecting power. The break came into the open in the public fights of the nineties, the cancelled Enola Gay exhibit at the Smithsonian in 1995 and the war over the National History Standards that Gary Nash (1933–2021) helped write, when the guild’s civil manner met the country’s heat and the professionals learned that the public would not sit still to be corrected. Eric Foner (b. 1943) at Columbia carried the argument that the past is always contested ground.

Kammen sat in the middle of every circle and quarreled openly with none. He took memory and popular taste seriously enough to satisfy the insurgents and kept the synthesis, the prizes, and the good manners that kept the elders close. He won the Pulitzer, helped found the study of American memory, trained his students, served his profession, and left a prize with his name on it. The set’s faith, which was his faith, held that the well-made book and the well-trained student outlast the man who made them, and that the republic is served by a people that gets its own past right.

The Voice

Kammen writes like a man who cannot bear to leave an example out, and his master figure is paradox, working at three levels at once: the title, the thesis, and the sentence. He opens by asking how the land of the future acquired a past, and the question is built on a pair of opposites, which is how his mind moves. He reaches for the doubled term and the balanced antithesis. A reviewer found his subject in the tensions of memory and modernism, populism and elitism, and the ambiguities and dualisms of a nation devoted to both past and future. The antithesis is not decoration. It is the shape of his thought, and it earned him the title the Professor of Paradox.
The diction is learned and Latinate, thick with abstract nouns. Tension, dualism, ambiguity, transformation, tradition. He prefers the noun that names a condition to the verb that shows an act, which gives the prose its weight and its slowness both.
The build is accumulative. He is a lumper, not a splitter. He piles instance on instance until the reader feels the whole culture pressing down. One book runs from John Adams to Ronald Reagan, from the origins of Independence Day to the Vietnam memorial, from the Daughters of the American Revolution to immigrant associations, and another sets The Simpsons beside jigsaw puzzles, Andy Warhol, and the Book-of-the-Month Club, with theorists like Raymond Williams (1921-1988) and Dwight Macdonald (1906-1982) supplying the frame. A reader called one of the books an Encyclopedia Americana in narrative form, which is praise and warning at once.
The wit runs underneath rather than on top, dry and allusive. The New York Times found the style idiosyncratic and laced with wit. He loves the borrowed phrase, and the titles are where the bookish, playful, collecting side of him shows plainest. A Machine That Would Go of Itself lifts a line from James Russell Lowell (1819-1891) on the framers’ hope for a self-running Constitution. Mystic Chords of Memory takes the plea from Lincoln’s First Inaugural Address, Abraham Lincoln (1809-1865). Selvages and Biases puns on the weave of cloth. In the Past Lane puns on the fast one. He collects phrases the way he collects examples.
The method carries a cost, the one every synthesizer pays. The prose is dense, and a reviewer warned that the uninitiated reader might find it hard going, the argument at times more theoretical than the examples require. The catalog can swallow the claim. When every page offers ten instances, the thesis hides under its own evidence, and the antithesis, used on every other page, settles into a tic. The same reach that makes him authoritative makes him long.
The speaking manner matched the page. His lectures filled large rooms, and students remembered the breadth, the wit, and the knack for tying together things that seemed to share nothing. That is the same mind, the one that sets the opera broadcast next to the theme park and the gossip column next to the poem. He connects. The pleasure of reading him and of hearing him is the pleasure of watching a man who has read everything find the thread from one odd corner of American life to another.

The Four Questions

1. What coalition does he depend on for status and income.

The money comes from a chain of institutions. The Cornell salary and the named chair. The trade and university presses, Knopf above all, that paid for the synthetic books. The fellowship apparatus, Guggenheim and the National Endowment for the Humanities and the learned societies, that bought him the years to write them. The lecture circuit, two hundred and forty invitations across a career, each with a fee and a flattering introduction. The status comes from a narrower body: the prize juries that gave him the Pulitzer and the Parkman and the Adams, the American Historical Association and the Organization of American Historians, the major journals, the American Academy of Arts and Sciences, and the working network of elite-university historians whose regard he needed and returned. A second base sat in the public-history and local-history world, the American Association for State and Local History and the circle his wife helped lead, which later put his name on a prize. The deepest part is easy to miss. He depended on the guild agreeing that memory, commemoration, and popular taste were serious history, because that agreement was the ground his whole career stood on. He helped assemble the coalition that then paid and honored him.

2. Who does he risk angering if he speaks plainly.

His own guild, first. If he said that the academic study of memory is itself a usable past, that the professor selects and arranges the national story to serve the professoriate exactly as the amateur does to serve the town, he would knock out the floor under his own authority. The public-history and heritage world, second. If he called the historic village a theme park and the patriotic society a memory club and the founding documents a set of instruments, he would lose the affectionate access that let him study them and would insult the public that funds and visits them. The two culture-war camps, third. When the Smithsonian fight and the national history standards turned hot in the nineties, a plain verdict for either side would have cost him the civil, centrist seat that let him belong to the top-down elders and the bottom-up insurgents at once. His position required him not to choose, and not choosing in public is its own discipline.

3. Who benefits if his framing wins.

The professionals collect first. If memory and commemoration and popular culture are legitimate history, the field swells, the chairs multiply, the dissertations and journals and the new subfield arrive, and the men who certified the expansion become the certified experts on a domain the public cares about. Kammen benefits most of all, as founder and as the name in the footnote that admits a newcomer. The museums and archives and historical societies benefit, because his framing rules their work serious and fundable. The constructivist claim, that tradition is invented and the past is made, benefits whoever wants to revise the inherited national story, which in his decades meant the challengers to the old consensus. And the liberal academy keeps its seat as the disinterested referee who sees all memories as data and stands above the partisans who hold them. The losers are the people for whom the past is received and not up for revision, the traditionalist and the believer, who hear in invention of tradition a solvent poured on the thing that binds them.

4. What truths would cost him his position.

That his own objectivity is a professional convention with interests behind it, not a view from nowhere, and that the craft-trained distance he trusted is the guild’s house style rather than a window onto the real. That ruling memory and popular culture into history enlarged his guild’s domain and his own income as much as it found anything true. That history belongs to the public is a line that keeps the gate while seeming to open it, since the professionals cede no actual authority. That the border his world patrols between disciplined history and self-serving heritage, the line David Lowenthal drew so firmly, is partly a status fence, and that academic history is heritage with credentials. And the largest one, the cost of a verdict. If he said the nation’s binding myths are basically true and worth keeping, he would have stood with the conservatives and lost rank in a liberal academy. If he said they are instruments of power, he would have lost the public-history world and the centrist seat. So he held the two readings in suspension, called the suspension paradox, and made a career of the refusal to land. The paradox was real in the country. It was also the exact shape his coalition required him to keep.

Posted in America | Comments Off on Michael Kammen and the Making of American Cultural History

H. L. A. Hart: A Life in Law and Philosophy

Herbert Lionel Adolphus Hart (1907-1992) stands as the central figure of analytical jurisprudence in the English-speaking world after the Second World War. He took a field that sat at the edge of legal scholarship and moved it to the center of philosophy. His account of law as a union of rules, his concept of the rule of recognition, his distinction between the internal and external points of view, and his liberalism on questions of law and morality continue to set the terms of debate. More than six decades after the appearance of The Concept of Law (1961), legal theorists still locate their own positions by reference to his.

Hart joined three traditions that had rarely met in a single man. He brought the discipline of postwar Oxford philosophy, the practical knowledge of a working barrister, and the convictions of a liberal reformer. He held all three at once, and the combination gave his work its authority.

Hart was born on July 18, 1907, in Harrogate, Yorkshire. His father, Simeon Hart, ran a prosperous tailoring business and came from a family of German and Polish Jewish descent. His mother, Rose Samson Hart, also descended from Polish Jews. He grew up with two older brothers and a younger sister. The family’s Jewish background set Hart a little apart from the old English establishment. Later writers, Nicola Lacey above all, have suggested that this experience of standing inside and outside English society at the same time fed his lifelong concern with membership, authority, obligation, and the conditions under which rules win acceptance.

After a short period at Cheltenham College, Hart attended Bradford Grammar School and then went up to New College, Oxford. He read Greats, the classical course that joined philosophy, ancient history, and literature, and he took first-class honors. Greats trained him in the close analysis of concepts that marked all his later work. He did not move at once into academic philosophy. He chose law, qualified as a barrister, and joined the Chancery Bar in London in 1932.

Hart practiced for most of a decade before he entered the university, and the experience shaped his jurisprudence. He came to see law as a living institution made up of judges, lawyers, legislators, and citizens who carry on shared practices, rather than as a set of abstract propositions. That conviction later separated him from philosophical abstraction on one side and rigid legal formalism on the other. His theory kept a practical grain that came from his years at the bar.

The war changed the course of Hart’s life. Unfit for combat, he joined MI5, the British domestic intelligence service. There he worked beside men who later led British intellectual life, among them the philosophers Gilbert Ryle (1900-1976) and Stuart Hampshire (1914-2004). He also crossed paths with figures from the wider intelligence world, including Alan Turing (1912-1954) and the future head of the service Dick White (1906-1993). The work placed him inside a large bureaucracy and showed him how authority, rules, and state power operate in practice. It deepened his interest in obedience and command. His friendships mattered as much as the work. Through long conversations with Ryle and Hampshire he absorbed the methods of ordinary-language philosophy before he ever held a philosophical post.

After the war Hart returned to Oxford and began the academic career that ran for the rest of his life. Oxford philosophy in those years turned on the work of J. L. Austin (1911-1960), Ryle, and others who studied how words function in ordinary speech rather than building large metaphysical systems. Hart became among the first to bring these methods to bear on law. He held that many old quarrels in jurisprudence rested on confusion about concepts. Lawyers and philosophers used words such as law, obligation, right, and authority without examining how the words work. His inaugural lecture, Definition and Theory in Jurisprudence (1953), set out this program.

Oxford elected Hart to the Professorship of Jurisprudence in 1952. The choice surprised some, since Hart was no ordinary legal academic and his training came from practice and philosophy rather than from doctrinal scholarship. The unusual mix proved fertile. Over the next two decades Oxford became the leading center of analytical jurisprudence in the world. Hart’s seminars drew the men who later led the field, among them Joseph Raz (1939-2022), John Finnis (b. 1940), and Neil MacCormick (1941-2009).

Hart’s central achievement arrived with The Concept of Law in 1961. He wrote it to replace the command theory of John Austin (1790-1859), the nineteenth-century jurist who held that laws are commands issued by a sovereign and backed by threats. Hart held that this picture leaves out too much of how a modern legal system works. In its place he argued that law is a system of rules.

Hart drew a line between two kinds of rules. Primary rules govern conduct. They forbid murder, require the payment of taxes, set the terms of valid contracts, and fix standards of behavior. Secondary rules govern the system. They say how laws come into being, how courts read them, how they change, and how officials enforce them. The union of primary and secondary rules turns a simple social order into a developed legal system.

One secondary rule carries special weight. Hart calls it the rule of recognition, the final test by which officials decide what counts as valid law within their system. In the United States the constitutional text, statutes, judicial decisions, and other sources count as law because officials share standards that mark them as law. No statute creates the rule of recognition. It lives as a practice among officials who accept it. The idea became central to modern legal theory.

Many readers regard the internal point of view as Hart’s deepest contribution. John Austin had described law from the standpoint of an outside observer who notes that people tend to obey and that the state tends to punish. Hart held that this account misses the central feature of legal life. Those who live under a legal system do more than predict punishment. They treat rules as standards, use them to judge conduct, criticize those who break them, and justify their own decisions by appeal to them. A citizen who pays his taxes does not commonly think that he expects punishment if he refuses. He takes himself to meet an obligation. A judge who decides a case does not forecast behavior. He cites rules as reasons. The distinction lets Hart explain why a legal duty differs from the demand of a gunman. The robber compels through fear. A legal system rests on officials and citizens who accept its rules from the inside.

Hart’s view of language shaped his account of judging. Legal terms, he argues, carry a core of settled meaning and a penumbra of doubt. His example concerns a rule that forbids vehicles in a park. A car sits in the core. Bicycles, roller skates, toy cars, ambulances, and wheelchairs sit in the penumbra. In such cases the judge exercises discretion and performs a limited legislative task, choosing among competing aims where the existing law gives no single right answer. This claim later drew the fire of Ronald Dworkin (1931-2013).

Among the famous controversies of twentieth-century legal theory stands Hart’s exchange with Lon L. Fuller (1902-1978). It began after Hart gave the Holmes Lecture at Harvard in 1957. Hart argued that no necessary tie binds law to morality, and that a wicked law might still hold as valid law. Fuller answered that law carries an internal morality of its own, a set of procedural demands such as publicity, consistency, and generality, and that a system that fails these tests fails as law. Their dispute became the defining meeting of legal positivism and natural-law theory, and it remains on reading lists in law schools everywhere.

Hart did more than theorize about law. He spoke as a liberal in public life. In the late 1950s and early 1960s Britain asked whether the criminal law should enforce common morality. The question set Hart against the judge Patrick Devlin (1905-1992). Devlin held that a society may protect its shared morality through the criminal law, since that morality binds the society together. Hart drew on John Stuart Mill (1806-1873) and answered that the criminal law should prevent harm rather than impose the moral views of the majority. His books Law, Liberty and Morality (1963) and The Morality of the Criminal Law (1965) became founding texts of postwar liberalism, and his arguments lent intellectual support to the decriminalization of homosexual conduct and to other reforms of the period.

The Concept of Law tends to overshadow Hart’s work on the criminal law, yet many specialists rank Punishment and Responsibility (1968) beside it. The book takes up the old quarrel between utilitarian and retributive theories. Utilitarians justify punishment by its future gains, such as deterrence. Retributivists justify it because the wrongdoer deserves it. Hart sought a path between them. He argued that society may justify the practice of punishment by its useful aims while limiting its distribution by principles of responsibility and fairness, so that only those who break the law by their own choice face punishment. The position shaped later criminal theory and remains tied to modern defenses of the requirement of mens rea.

Hart’s work with Tony Honoré (1921-2019) produced another landmark, Causation in the Law (1959). The book asks how legal systems assign responsibility for harm. Rather than treat causation as a question for science alone, Hart and Honoré showed how legal reasoning draws on common-sense judgments about agency, intervention, and responsibility. It remains a foundational text.

Hart’s most famous critic was his former student and his successor in the chair, Ronald Dworkin. Dworkin rejected Hart’s account of judicial discretion and argued that law holds principles as well as rules. On his view the judge in a hard case draws out the principles already present in the legal tradition and the answer they yield, rather than legislating. The Hart-Dworkin debate ruled Anglo-American jurisprudence for more than twenty years, and most major theorists of the late twentieth century placed themselves somewhere between the two men.

In his later years Hart turned to Jeremy Bentham (1748-1832). He edited and read Bentham’s legal writings and worked to recover the parts of Bentham’s philosophy that scholars had neglected. His Essays on Bentham (1982) renewed interest in Bentham as a serious philosopher of law rather than a mere reformer.

Hart married Jenifer Fischer Williams in 1941. She served as an able civil servant and later taught history at Oxford, with work on the police and the penal system. The couple had four children. Nicola Lacey’s biography A Life of H. L. A. Hart: The Nightmare and the Noble Dream (2004) shows a marriage rich in mind and difficult in feeling. Hart carried self-doubt, anxiety, and spells of depression through his life. The calm and confident prose of his books concealed private fears that his powers had been overrated, and those fears grew sharper during his long contest with Dworkin. Friends saw the gap between the steadiness of his published pages and the unease of his private notes.

Hart gave up the Oxford chair in 1969, and Dworkin took it. From 1973 to 1978 he served as Principal of Brasenose College, Oxford. In retirement he kept refining his philosophy and worked on a reply to his critics. His main unfinished task was a full answer to Dworkin and to the other challengers of legal positivism. He died in Oxford on December 19, 1992, with the work incomplete. Penelope Bulloch and Joseph Raz edited the result and published it in 1994 as the Postscript to The Concept of Law, and it drew wide discussion in its own right.

Few men have shaped modern jurisprudence as far as Hart did. He turned legal positivism from a nineteenth-century doctrine about sovereign commands into a developed theory of legal institutions, social practice, and normative reasoning. His primary and secondary rules, his rule of recognition, his internal point of view, and his core and penumbra remain part of the working vocabulary of legal philosophy. Even those who reject his conclusions tend to start from his framework. Jurisprudence before Hart ran as a contest among rival schools. Jurisprudence after Hart became, to a large degree, a conversation carried on in the terms he set. He did more than win arguments. He set the questions.

Ludwig Wittgenstein (1889-1951) and Saul Kripke (1940-2022)

Hart’s two foundations come out of the same Oxford air that carried Wittgenstein into postwar philosophy. Meaning is use. To know a word is to know how to go on with it. The vehicles-in-the-park example is a Wittgensteinian point about how concepts work, put to legal use, and the term Hart takes for the soft edge of a concept, open texture, he had from Friedrich Waismann (1896-1959), who had it from Wittgenstein. So the rule-following considerations do not reach Hart as a foreign import. They reach him as the part of his own inheritance he chose not to spend.

The hardest version of the problem sits in the Philosophical Investigations. A rule does not contain its own application. Set down any rule and the cases it covers are not fixed by the words, since every later case can be brought under the words on one reading and shut out on another. Wittgenstein states the paradox at section 201: no course of action can be settled by a rule, because any course can be made to accord with the rule. Interpretation does not close the gap, because an interpretation is one more sign that stands in need of application. There has to be a way of grasping a rule that is not an interpretation, a way that shows in what men do, in going on the same way without a further rule to tell them how. At the floor Wittgenstein finds practice, not principle. I obey the rule, he writes, blindly.

Kripke gives the paradox its sharpest edge in Wittgenstein on Rules and Private Language. Take a man who has added numbers all his life. Ask what fact about him made it the case that he meant addition rather than some other function that agrees with addition on every sum he ever computed and parts from it on the next. No fact answers. Not his past sums, which are finite and consistent with countless functions. Not his dispositions, which are finite and also err. Not any picture or feeling in his mind, since a picture again needs reading. Past practice underdetermines the next step. Nothing in the man fixes what going on the same way comes to.

Turn this on the rule of recognition. The rule of recognition is the master test by which officials pick out valid law, and Hart says it lives as a practice, a convergence among officials who accept shared criteria. Grant the convergence. The question the rule-following considerations press is what fixes the content of the criteria the officials share. So long as the cases resemble the cases already settled, the practice runs and no one notices the gap. The gap shows at the new case: the contested amendment, the source without precedent, the constitutional break. There the past practice of the officials underdetermines the answer in the way the past sums underdetermine the next sum. Hart treats the shared criteria as carrying a determinate content that officials accept and apply. The frame says the content is not lying there to be accepted. It is made, or not made, in the going on, and at the edge no fact settles it.

The internal point of view takes the same cut. Hart’s advance over John Austin was to say that those inside a legal order do more than predict sanctions; they hold the rule as a standard, fault the man who breaks it, and cite it as a reason. True as description. But to hold a rule as a standard a man must know what the rule asks of him in the case before him, and the rule does not say. The internal point of view names the attitude, acceptance of the rule as a guide. It does not supply the content, what the rule guides the man to do. Hart puts the determinacy into the attitude and leaves the content unaccounted.

Hart saw a piece of this and walled it off. Open texture and the penumbra are his concession that concepts blur at the rim. He keeps a core where the concept holds firm and a penumbra where the judge must choose. Wittgenstein cuts deeper. The line between core and penumbra is drawn by agreement in practice; it is not a property the concept carries on its own. The car sits in the core of “vehicle” because officials and citizens go on the same way with the word, and that shared going-on is the thing to explain, not the thing we may assume. Hart’s core rests on the determinacy the rule-following considerations deny. He treats as given what the frame treats as the question.

Kripke ends with what he calls a skeptical solution. No fact in the man fixes meaning, so the account moves outward, to the community: the conditions under which a group treats a man as following the rule, the agreement in response that lets correction proceed, the shared form of life where justification ends. At first this reads as help for Hart, whose rule of recognition already lives among a community of officials rather than in one head. The help turns against him. On the skeptical solution there is no inner grasp of a rule that the officials then apply; there is the standing pattern of officials going on alike and correcting the man who goes on differently, with nothing under it. So the rule of recognition is not a set of criteria the officials hold and consult. It is the name for the regularity of officials agreeing, and for their agreeing to correct, until the day they do not agree. At that day, the hard constitutional case, there is no rule to consult, because the rule was never more than the agreement now in question.

Wittgenstein puts this at sections 241 and 242. The agreement that lets language work runs below shared opinion; it is agreement in a form of life, and where reasons give out a man says, this is simply what I do. Read Hart’s officials through that. When Hart says they accept the rule of recognition, the most the frame allows the saying to mean is that they share a trained way of going on that takes no further ground. Hart wants the rule of recognition to be a criterion, a thing with content that decides validity. The frame returns it as bedrock, a practice that admits no question beneath it. Justification comes to an end, and it ends in what officials do.

The quarrel with Dworkin looks different from here. Dworkin pressed Hart on the hard case and held that law carries principles that yield a right answer where the rules give out. Both men rest on determinate content. Hart locates it in the core, Dworkin in the principles. The rule-following considerations remove the ground under both. There is no layer where the content sits fixed ahead of the practice of deciding. Dworkin’s right answer and Hart’s settled core are two tries at locating a fact the frame says is not there to find. What the frame leaves standing belongs to neither man: the law is what the body of officials does, and at the margin the doing answers to nothing further. It belongs to neither the positivism Hart defended nor the reading of law Dworkin pressed. It dissolves the ground they fought on.

The frame does not knock Hart down so much as move his foundation. His account of how officials carry on, holding rules as standards, faulting the man who strays, survives as accurate description. The step that fails is the one from officials share a practice to the practice has a content that grounds validity. The frame answers that the practice is the ground and the ground has no content past the going-on. Hart wanted bedrock with structure. The rule-following considerations hand him bedrock without it.

He took from the Oxford Wittgenstein the therapy against bad definitions and the license for open texture, and he wrote The Concept of Law two decades before Kripke made the skeptical paradox vivid. He used Wittgenstein to break Austin’s command theory and to soften the edges of legal concepts, then set the tools down. The deeper Wittgenstein, the one who holds that no rule carries its own application, might have unsettled the rule of recognition Hart needed to stand on. Hart took the half of the inheritance that built the account and left the half that might have undone it.

This is the philosophical source of a gap the sociologists reach from the other side. Where Wittgenstein and Kripke show that no fact in the practice fixes how to go on, the sociology of the tacit asks where the shared practice sits and what work it does, and finds the same emptiness at the base. The two roads meet at the rule of recognition, the place Hart built to be solid and the place the rule-following considerations find to be agreement and nothing under it.

Hero System

The books give nothing away. The prose of The Concept of Law runs cool and level, a man in full command of his ground, and a reader meets it and thinks here is a mind without fear. The diaries say otherwise. Nicola Lacey found in them a man who lay awake sure the field had overrated him, sure the gift others saw was a trick of manner, sure Dworkin had found the flaw and the flaw was real. The calm on the page and the dread in the drawer belong to the same man. Ernest Becker (1924-1989) gives the reason they belong together.

Becker’s claim, set down in The Denial of Death (1973) and Escape from Evil (1975), runs like this. A man is an animal that knows it will die, and the knowledge is more than he can carry, so every culture hands him a scheme by which he earns the feeling that he counts past his own body. Becker calls the scheme a hero system. It tells a man what a hero is, what acts and objects carry significance, how a life buys a portion of permanence. Self-esteem is the sense that you are an object of value in a world of meaning. The terror sits under it. The hero system holds the terror down by giving the man a way to count, and the way differs from culture to culture and from man to man.

Hart’s hero system is clarity. In his world the hero is the man who dispels confusion. The sacred act is the clean distinction. Austin had muddled command and law, force and authority, the gunman and the state, and Hart drew the lines Austin had blurred until the field could see. Primary rules and secondary rules. The internal view and the external. The core and the penumbra. Each is a clarification, and in Hart’s scheme a clarification is heroism, because it leaves behind a thing the field cannot un-know. That is the portion of permanence the system pays out. The man dies; the distinction stands; later men think with it whether they thank him or not.

Hold the word and carry it elsewhere, because clarity is sacred only inside the temple where Hart worships it. The word names a different holy thing to other men, and seeing the difference is the whole of Becker’s point.

A trauma surgeon stands over a man whose belly is open and filling. He has nine seconds to decide. Clamp here or there. He has done it a thousand times and his hands move before the thought lands, and the resident across the table watches the hands. In the corridor afterward the resident says he made it look like nothing, and the surgeon says, you stop thinking, that’s the trick, you stop thinking and you cut. For this man clarity is not a distinction held up to the light. It is the body cleared of fear so the hands can work. His permanence runs through the men and women who walk out of the building alive and through the residents who carry his hands into the next decade. Set Hart’s clarity beside it and Hart looks like a man who never had to be right in nine seconds with a life on the table.

A Rinzai monk sits forty years on a cushion to put down the very thing Hart spent a life building. The distinction, the name, the line between this and that, the monk treats as the net thrown over the real that keeps a man from the real. His teacher raps the stick and asks what his face was before his parents were born, and there is no clean answer, and the wanting of a clean answer is the sickness. Clarity here is the mind emptied of the categories, the seeing that comes when the names fall off. To the monk, Hart’s achievement, the whole fine structure of rules about rules, is a finer cage. The monk earns his permanence by stepping out of the line of birth and death the rest of us count by. Two men, one word, opposite heaven.

A trumpet player walks onto a bandstand in a room thick with smoke and takes a chorus the older men in the corner will talk about for years. He could not write down what he did and has no wish to. The clarity he chases lives for four bars and then is gone, and the next night he has to find it again. The record is the only permanence he trusts, the wax that holds the night the line came clean, and even that he distrusts, because the line was alive and the wax is dead. A man asks him after the set how he knew where to go and he says, you don’t know, you hear it a half second before your lip does. Hart wanted the thing that lasts. The trumpet player wants the thing that arrives and leaves and cannot be kept, and that wanting is its own bid against death, the night so good it outlives the nights.

In a study hall the noise is two hundred men arguing in pairs, swaying over the open tractate, and a scholar finds the resolution to a contradiction that has stood between two pages for a thousand years. He has clarity, and his clarity binds him tighter. The cleaner he sees the law the more the law owns him, because the law runs up to God and back through the dead who carried it to him, and to see it well is to owe more. Here is a man born, as Hart was, into the Jewish law, who took the opposite road. Hart left the law of his fathers and built a law that answers to nothing above the practice of the men who keep it. The scholar’s clarity ties a man to the chain. Hart’s clarity cut the chain and called the cut honesty. Each earns his permanence, the scholar by his link in a line that means to run to the end of days, Hart by a book that means to outlast the man. The same blood, the same word, two heavens that do not share a sky.

On a hillside at a graveside an old man stands at the head of his people and knows every name in the ground behind him and every face in the line before him. Ask him what he sees clearly and he will not point to a distinction. He points to the land, the dead, the boys who carry his name, the debts of blood his house has paid and is owed. His clarity is knowing whose he is and who is his. The hero in his scheme is the man who keeps faith with the line, who does not let the name fall, who hands the land on whole. To this man Hart’s life looks thin, a clever stranger in a far city arranging words that bind no one to anyone. The patriarch buys his permanence in grandsons and in the keeping of the name, the oldest immortality there is and the one Becker says the moderns lost and could not replace. Hart had four children and a chair. He bet on the chair.

Ask why Hart, of all the heroes a man can be, chose this one. Becker says a man does not pick his hero system off a shelf; the culture hands it to him and he takes the currency it mints highest. Hart came up the tailor’s son of a Jewish family in Harrogate, a boy a little outside the English thing, and the door into the center of that world ran through the mind. New College, Greats, first-class honors, the chair at Oxford. The English high culture he reached for paid its top rate in one coin above all, the cool clarifying intellect, and Hart had it and spent it and the world certified him a hero in the one currency he could earn. He had tried the bar first and left it. The bar prizes a clarity too, the story clean enough to move twelve men in a box, but that clarity serves the client and not the truth, and Hart wanted the truth, or wanted to be the man who served it. The war gave him a season inside the secret world, MI5, the knowledge held close and the men who held it, and he came back to Oxford and turned the habit of careful judgment on the law. Every step pointed one way. The hero he became is the hero the culture had a slot open for.

Dworkin frightened Hart past all proportion. A disagreement is one thing. A threat to the immortality is another. If Dworkin had the better of it, then the framework was not the permanent floor of the field; it was a position, a moment, a thing the next men step over. The cathedral Hart raised against his own death turned out to carry a crack, and the crack ran straight to the question of whether the life had bought what he paid for it. Lacey’s diaries grow darkest in those years. A man can take a wrong verdict on a case. Becker says no man takes the news that his bid against death has failed, and that is the news Dworkin seemed to carry. So Hart fought him for twenty years and went on fighting him in retirement, working the long reply that was to seal the framework shut.

He died with the reply unfinished. The Postscript to The Concept of Law came out two years after him, in 1994, pulled together from the papers by Penelope Bulloch and Joseph Raz. There is no scene in the life more Becker than that one. The man spends his last strength to close the project against the one who threatens it, and death takes him at the desk with the work open, and other hands finish what they can and publish the fragment. No immortality project closes. The body has the last word every time. Hart built the most enduring thing an English legal mind built in the century, and he went into the dark sure it might not hold.

Becker’s hardest line waits at the end. A hero system works only from the inside. To the surgeon and the monk and the trumpet player and the scholar and the old man on the hill, Hart’s life reads as a man in a quiet room arranging words, and the arranging looks a small thing to set against death. To Hart, getting the words right was the whole defense, the one a man of his gifts and his culture could mount, and he mounted it as well as it has been mounted. The word clarity sat on his desk like a holy object and on the surgeon’s table and in the zendo and on the bandstand and in the study hall and at the graveside, the same word on every tongue and a different god behind it. None of the worshippers can see the others’ god. The blindness is no fault in any of them. It is the price of having a god at all, and Becker’s news is that a man who knows he will die cannot afford to go without one.

The Great Delusion

In his 2018 book, The Great Delusion: Liberal Dreams and International Realities, John J. Mearsheimer wrote:

My view is that we are profoundly social beings from the start to the finish of our lives and that individualism is of secondary importance… Liberalism downplays the social nature of human beings to the point of almost ignoring it, instead treating people largely as atomistic actors… Political liberalism… is an ideology that is individualistic at its core and assigns great importance to the concept of inalienable rights. This concern for rights is the basis of its universalism—everyone on the planet has the same inherent set of rights—and this is what motivates liberal states to pursue ambitious foreign policies. The public and scholarly discourse about liberalism since World War II has placed enormous emphasis on what are commonly called human rights. This is true all around the world, not just in the West. “Human rights,” Samuel Moyn notes, “have come to define the most elevated aspirations of both social movements and political entities—state and interstate. They evoke hope and provoke action.”
[Humans] do not operate as lone wolves but are born into social groups or societies that shape their identities well before they can assert their individualism. Moreover, individuals usually develop strong attachments to their group and are sometimes willing to make great sacrifices for their fellow members. Humans are often said to be tribal at their core. The main reason for our social nature is that the best way for a person to survive is to be embedded in a society and to cooperate with fellow members rather than act alone… Despite its elevated ranking, reason is the least important of the three ways we determine our preferences. It certainly is less important than socialization. The main reason socialization matters so much is that humans have a long childhood in which they are protected and nurtured by their families and the surrounding society, and meanwhile exposed to intense socialization. At the same time, they are only beginning to develop their critical faculties, so they are not equipped to think for themselves. By the time an individual reaches the point where his reasoning skills are well developed, his family and society have already imposed an enormous value infusion on him. Moreover, that individual is born with innate sentiments that also strongly influence how he thinks about the world around him. All of this means that people have limited choice in formulating a moral code, because so much of their thinking about right and wrong comes from inborn attitudes and socialization.

Hart is a liberal of the line that runs from John Stuart Mill. In Law, Liberty and Morality he argues that the criminal law should bar harm to others and leave alone the conduct by which a man harms only himself or no one. The state has no warrant to enforce the moral feelings of the majority where no one is hurt. This is the harm principle, and it presses the individual’s protected sphere against the claims of the group. It is the part of Hart that Mearsheimer’s anthropology strikes hardest, because the harm principle needs a man who has a sphere of his own, a region of life that is his and touches no other, and Mearsheimer’s man has no such sphere. He is made of his attachments. His conduct runs back into the group that formed him and forward into the group he forms.

The quarrel with Patrick Devlin is the test the frame was built for. Devlin held that a society coheres by a shared morality, that the morality is part of the bond holding the people together, and that a society may defend that morality with the criminal law as it defends against sedition, since to let the common morality dissolve is to let the society dissolve. Hart answered that this confuses the moral feelings of the majority with the conditions of social survival, and that a society can absorb wide changes in private morality without coming apart. Read the two men through Mearsheimer and Devlin has the stronger anthropology. The social animal Mearsheimer describes is held in his group by exactly the shared sentiment Devlin names. Loosen the shared morality and you loosen the bond, because the bond is the shared morality and little else holds men who are not kin. Devlin’s claim that the group may protect its cohesion is, on this frame, a claim grounded in human nature. Hart’s reply rests on the man who can stand a little apart from his people’s morality and weigh it by a reasoned standard, and that man, Mearsheimer says, is rare to the point of fiction, because reason came late and weak and the morality came early and deep.

The harm principle then loses the line it must draw. Hart needs a clean border between conduct that harms others and conduct that harms only the man himself, because the law may cross the first and not the second. Mearsheimer’s man blurs the border, since a man so embedded in his group has few acts that touch no one. What he does in private feeds the moral air the group breathes, weakens or strengthens the code the next child takes in, and the group feels the change whether or not a single victim can be named. Devlin called that the disintegration a society fears. Mearsheimer gives the reason the fear is not foolish. The self-regarding act, the act that is a man’s own business and no one else’s, is a clean idea only for a creature less social than the one we are.

Hart’s method takes the next blow. His trust runs to reason. He clarifies, he distinguishes, he argues, and he expects the argument to move the law toward the better view. His case against Devlin is a case made of reasons and offered to men he trusts to weigh reasons. Mearsheimer ranks reason last of the three guides. On that ranking the argument did not move the society; the society moved and the argument rode the change. The decriminalization Hart’s writing is said to have helped came as the socialized morality of the English shifted, and the philosopher’s case gave the shift a clean dress and a respectable name. The men who changed their minds did not change them because Hart drew a sound distinction. Their sentiment moved first, their sense of their people’s morality moved with it, and reason came along behind to tidy the result. If Mearsheimer is right, Hart misread his own influence and mistook the moving society for the force of his own argument.

Here the frame turns up something stranger than a defeat. The blow falls on Hart the liberal, not on Hart the jurist, and the two live in one man. The jurist holds that law rests on a social practice, that the rule of recognition exists because the officials of a system accept it together, that the internal point of view is the shared stance of men who treat a rule as their common standard. That Hart describes the social animal well. Law, on his own account, is not a set of commands aimed at atoms; it is a practice a group keeps. The internal point of view is a group’s acceptance worn on the inside. So the descriptive Hart, the one who says what law is, sees the embedded man clearly. The prescriptive Hart, the one who says what law should leave alone, builds on the atom who does not exist. One man wrote both. He grounded law in the group and grounded liberty in the individual, and Mearsheimer’s anthropology lets the first stand and pulls the floor from the second.

The life carries the same split. Hart was the social animal he theorized when he described law and forgot when he prescribed liberty. He came up a Jewish tailor’s son and climbed into English high culture, took its values, its cool rationalism, its liberalism, before he could weigh them, because a man takes the values of the world he enters and Hart entered Oxford young and hungry for it. He served in MI5 in the war, an act of a man bound to his nation, ready to spend his years defending the group against an enemy of the group. He married and raised four children. The values he argued for as the free choices of a reasoning man were poured into him by the milieu he joined, which is what Mearsheimer says happens to every man. Hart is the socialized creature who pictured the unsocialized one and called the picture liberty.

Mearsheimer aimed The Great Delusion at the foreign policy of liberal great powers, the crusades to spread rights and remake regimes, and Hart ran no foreign policy and dreamed no crusade. The bite lands on his domestic liberalism, the harm principle and the case against Devlin, where the question of human nature sits in the open. It lands lighter elsewhere. Hart’s positivism, his split of law from morality, answers a different question than the one Mearsheimer asks, and a man might hold the separation thesis and grant every word about the social animal. The frame settles nothing about whether Hart’s liberalism is good, only about whether its picture of man is true. A man who grants Mearsheimer the anthropology can still want the harm principle, can want a law that leaves the private man alone, building that protection into the group’s own morality rather than resting it on a fiction about atoms. Mill’s conclusion can outlive Mill’s psychology. Hart’s may do the same.

So if Mearsheimer is right, Hart loses the man at the center of his liberalism and keeps the man at the center of his law. The harm principle stands on a creature too solitary to be real, and the case against Devlin gives away the ground that Devlin, with the worse philosophy and the better anthropology, was standing on. What Hart keeps is the part of him that already knew we are social: the rule that lives because a group accepts it, the point of view that is a people’s, worn within. The deepest thing the frame turns up is that Hart held both men in his head and never made them meet. He built his theory of law on the animal Mearsheimer describes and his theory of freedom on the atom Mearsheimer denies.

‘A Big Misunderstanding’

David Pinsof has a name for the story intellectuals tell themselves, set out in his essay “A Big Misunderstanding”: the misunderstanding myth. The wrongs of the world come from confusion, and so the men whose trade is understanding turn out to be the men who can set it right. Pinsof answers that there is no misunderstanding. People are savvy animals who grasp what they have an incentive to grasp, stupidity is most often strategic, and the engine of our troubles is bad motive rather than bad belief, dressed in the language of belief because the motive looks ugly named plainly. Hold that against Hart, and a strange thing happens. Hart embodies the misunderstanding myth.

Start at the root of his program. Hart’s first move, the move that lifts jurisprudence from a back room of the law school to the center of philosophy, is the claim that the old disputes about law rest on confusion about words. Lawyers and philosophers have muddled law, obligation, right, and authority, and the cure is the analyst who shows how the words work. Pinsof’s question lands hard here. What if the disputes were never confusions? What if they were fights, and the clarification is the intellectual’s bid to be the man the fight cannot proceed without? Hart needs the confusion to be real, because if the confusion is real the clarifier is the hero, and jurisprudence becomes a field that cannot do without him. The misunderstanding has to exist or Hart has no job. That is the first thing the frame turns up. The man who built modern jurisprudence built it on the premise that does the most to make a jurisprudence-builder important.

Now the heart of it. Austin had said law is the command of a sovereign backed by threats, the gunman writ large. Hart spent his best pages showing that this is a misunderstanding. The man who obeys the law is not the man with a gun to his head; he holds the rule as a standard, accepts it from the inside, treats it as a reason and not a threat. Hart called this the internal point of view and made it the thing that parts a legal system from a stickup. Pinsof reaches for the same picture Austin reached for. The state is the coercive apparatus that puts men in prison at gunpoint. That line is Austin’s gunman, alive in a writer who holds no stake in jurisprudence. So the contest between Austin and Hart is the contest the frame is built to judge, and the frame sides with Austin. The internal point of view is the beautiful story laid over the gun. It lets the intellectual say the citizen takes part rather than submits, that he has an obligation where Austin saw a man merely obliged. Hart drew that line, obligation against the man who is obliged, and treated it as his deepest finding. Pinsof reads it the other way. The man is obliged. The prison is real and the gun is real. Obligation is the dignifying word we lay over the threat so the order feels like a practice we share rather than a force we fear.

Pinsof’s cut between stated motive and actual motive opens the rest. He likes the example of the mission statement, the firm that says it nurtures the human spirit one cup at a time while it works to clear a profit. Read Hart’s official the same way. The judge who says he applies the law, the official who accepts the rule of recognition, gives the stated motive. The work is the upkeep of the coercive order and the official’s place inside it. Hart’s picture of a legal system, a body of officials who accept shared rules from the internal point of view, is a portrait painted from the mission statement. It takes the official at his word. Pinsof takes the deed. The deed is that some men hold the power to cage other men, that they guard that power and pass it among themselves, and that the talk of acceptance and recognition is the gloss the guild lays on its grip.

The fight with Devlin reads as a fight once the frame is on. Hart argued that the criminal law should not enforce the morality of the majority where no one is harmed, and that Devlin confused the feelings of the many with the survival of society. He framed Devlin’s position as a misunderstanding of the relation between law and morals. Pinsof sets the misunderstanding aside and looks at the gun. The criminal law is the power to punish, and the question of what it punishes is the question of which coalition holds that power and turns it on whom. The older coalition wanted the law to keep punishing the conduct it loathed. The rising liberal coalition wanted that power pulled back from private life, where its own people stood most exposed. Decriminalization is the rising side taking ground. Hart gave that side what every winning side wants, a story in which it stands above the fight as the party of reason and liberty correcting an error. He let the liberals wage a coalition war while feeling like clarifiers. The misunderstanding frame was the kindest weapon in the armory, because it let the victors think they had taught rather than won.

Hart’s open texture takes the same turn. He held that legal words carry a settled core and a penumbra of doubt, and that judges in the penumbra exercise discretion because the language runs out. The picture is one of honest limitation, a gap in the concept that an honest judge then fills. Pinsof reads the gap as room. The penumbra is where the coalition does its work and calls the work interpretation. The judge grasps what he does and whom it serves; the talk of discretion forced by open texture is the cover that lets a choice look like a constraint. Stupidity is strategic, and so is the show of helplessness before a hard case. The judge is not stuck. He chooses, and the language of the gap lets him choose while denying that he chose.

Here Hart turns and half-faces the frame. His positivism, the claim that an evil law is still law, that the law’s authority is not its goodness, is the one place he refuses the comforting story. The natural lawyer wants law to be moral by definition, so that a wicked rule is no law at all and a man may feel his obedience runs always to the good. Hart says no. The wicked rule is law, and a man might have to break it. This is a cold-eyed move, near to Pinsof’s own refusal of the flattering account. Hart looks straight at the force and declines to pretend it must be just. So why does the frame still catch him? Because he takes the cold eye to the content of law and never turns it on the form. He sees that the law need not be good. He will not see that the acceptance he sets at the law’s base might be the same self-serving story, sincerely felt, that he refused in the natural lawyer. Pinsof’s sharpest point is that self-deception works best when it is sincere. The official does feel the internal point of view. The citizen does feel the obligation. The feeling is the savvy read of the incentives, running the more smoothly because the man does not know it for what it is. Hart treats the felt obligation as the datum that sinks the gunman. Pinsof treats the felt obligation as the gunman’s most effective disguise.

The long fight with Dworkin fits the same reading with no need for the inner life. Two men hold the same chair in succession and contend for command of the same field, and each says the other has misread the nature of law. The frame sets the misunderstanding aside again. These are rivals competing for the top of a hierarchy, and the look of a high quarrel over principle is the form the competition takes among men whose weapons are arguments. Each denies he fights for position and frames the stakes as the truth about law, because denial and high framing serve well in that kind of fight. Pinsof need not call either man a liar. He needs only to say that the field hands status to the man who wins the argument, and that men who compete for status compete hard and tell themselves a clean story about why.

The Set

The world to paint is a set of rooms in Oxford in the years after the war, and the men who filled them held that they had found the right way to think and that the right way was theirs.

Start on a Saturday morning in the rooms of J. L. Austin. By invitation a dozen men sat while one read a few pages, and the talk that followed could take a paper apart to the last joint. Austin published almost nothing in his life and ruled the school anyway, by the spoken word, by the short question that found the place where an argument turned on two senses of one word. Gilbert Ryle sat near the center of it, editor of Mind for a quarter century, author of The Concept of Mind, the book that taught a generation to laugh at the ghost in the machine. A. J. Ayer (1910-1989) had come back from the war famous and glamorous, the man who at twenty-six had told England that most of what it called philosophy was literal nonsense. Isaiah Berlin (1909-1997) talked faster than any of them and held court at All Souls, the college a man entered by examination and never had to leave. Stuart Hampshire had been with Hart in the secret service and came back to the same rooms. Peter Strawson (1919-2006), Paul Grice (1913-1988), Richard Hare (1919-2002), and after them the young Bernard Williams (1929-2003), each made his name in the same coin. Friedrich Waismann had carried the Vienna manner across the Channel and given Hart the term open texture without either man guessing where it might lead.

What they valued first was clarity, and they held it a duty and not a taste. Obscurity was a vice in that world and most often a cover, for muddle or for fraud. They prized the well-drawn distinction, the dissolved problem, the confusion shown to be a confusion. They did not honor the system-builder; the man who raised a great structure of thought looked to them like a man who had not noticed his foundations were a play on words. They honored the man who saw through. Ordinary speech they trusted more than any philosopher’s invention, on the ground that the common stock of words held the distinctions generations of men had found worth marking, and the philosopher who ignored it was a fool reinventing a poorer wheel. Above all they valued intellectual honesty, the willingness to follow the argument past your own commitments and to give up a view you had held in public. A man who could do that was sound. A man who could not was something less, whatever his gifts.

The hero in that world was the man who could not be fooled. Greatness showed in talk before it showed in print, and the high moment was the live demolition, done quietly. A young man read his paper and the question came back short, and the question showed that the paper rested on a slide between two meanings, and the room knew the paper was finished, and no voice had risen. Austin was the model of it, and the model was cruel under the courtesy. To win was to be quickest and clearest and least taken in. The prize was not a doctrine that bore your name. The prize was the standing of the man others could not catch out, the man who had seen the trick before anyone said it aloud.

The games that ranked them ran through the colleges and the journals. Austin’s Saturday mornings tried the young. A review in Mind, where Ryle held the pen for decades, could lift a book or bury it. There were the chairs to be had, the Waynflete and the White’s and the Wykeham and the chair of jurisprudence Hart took in 1952, and the fellowships, All Souls above them all, taken by an examination that became a legend. There was election to the British Academy, the knighthood, the festschrift gathered by your students, the obituary written by a rival who knew where the bodies lay. The currency was cleverness spent in public, and the coin most prized was the mild remark that left a man with nothing to say. The terror that matched it was the terror of the man caught out muddled, or pretentious, or solemn, or provincial, which in that company came close to the same sin.

Their essentialist claims were the things they took for the nature of things and not for a position a man might hold. They took it as plain that philosophy is the analysis of concepts and the clearing of confusion, and that metaphysics and system are diseases of language. They took it as plain that clarity is possible and obligatory, that reason can be cut clean from rhetoric and feeling, that there is a fact about how a word works and the trained ear finds it. They took it as plain that the educated secular mind is the proper judge of these questions, and that religion is a confusion or a comfort and in any case not knowledge. Elizabeth Anscombe (1919-2001), a Catholic convert and the student who carried Wittgenstein into Oxford, stood against that last assumption and so stood a little outside the room even as she shaped it, and Philippa Foot (1920-2010) and Iris Murdoch (1919-1999) pressed from the same edge, asking whether the cool analysis of moral words had left out the thing that made them moral. The mainstream heard them and went on. Under all the rest sat the deepest essentialism, never argued because never doubted, that this temper was English and that its home was Oxford, that the common room was the natural seat of a clear mind, and that the man trained in Greats and seasoned at high table had a faculty for telling the serious from the silly that came close to a moral organ.

Their moral grammar followed from the temper. They spoke in understatement and in irony, and the deflation was the message. I’m not sure I follow. That may be so. The mild sentence carried more weight than abuse, and a man learned to dread the courteous question more than the open attack. They held earnestness and cant in horror, and moral seriousness came out as dryness, as the refusal to emote, so that the most serious men sounded the least solemn. The cardinal move of that grammar was to turn sin into muddle. To call a man wicked was crude and uninteresting. To show that his view rested on a confusion was the deep dismissal, deeper than calling it false, because a false view might be honestly held and a confused one marked a failure of the mind’s hygiene. The line between the serious and the silly ran as a moral line, and to be silly, or to be solemn, was a fault of character. Their tolerance was real and it was also a weapon. The liberal in that room could grant another man his liberty and in the same breath set him down as unenlightened, and the granting and the placing came in one motion. Toward belief, toward the man who knelt and prayed, the grammar offered a courteous incomprehension that served as a verdict.

Into this Hart fitted, and did not quite fit, and worked all his life as a man re-earning a place. He had come up the son of a Jewish tailor in Harrogate, and he had practiced at the bar and earned money in the world before he took to the dons’ life, and both marks set him a little apart in a room of gentlemen who had never left the schools. What he did was carry the school’s method into the law and take new ground for it, and the conquest raised the prestige of the method and his own standing at one stroke. His liberalism was the set’s liberalism written as legal doctrine, the harm principle and the protected private man, the case that the criminal law should leave alone the conduct that hurt no one. When he argued it against Patrick Devlin he argued the politics of his common room against a judge who spoke for an older England, and the room knew which side was its own.

Around Hart formed a court of his own, the men who came to his seminar and carried his questions into the next age. Tony Honoré worked the law of causation at his side. Ronald Dworkin came as a student, took the chair after him, and turned on the master, and the long quarrel between them ran with all the courtesy and all the blood the set’s grammar allowed. Joseph Raz and John Finnis and Neil MacCormick carried the work outward, Finnis back toward the natural law the school had thought it buried, Raz deeper into the questions Hart left open. Brian Simpson (1931-2011) pressed from inside as the historian who found the analysts too clean about a law that grew dirty in real courts. Outside the room stood the men who did not share its grammar and whom the room found, each in his way, not quite of the club: Lon Fuller at Harvard, who answered Hart across an ocean and a temper; Patrick Devlin on the bench; Hans Kelsen (1881-1973), the great positivist of the Continent, whose pure theory the Oxford men admired and found bloodless, a system where they wanted a practice.

The world was small and its bonds were close. Marriage and college and war and talk tied it into a few hundred people who dined together and reviewed one another and married one another’s friends. Hart had served in MI5 with Hampshire, in the secret world run in time by Dick White, the same world that touched Alan Turing at its edge. He married Jenifer Williams (1914-2005), a civil servant of her own standing who became a historian, a woman with a will as hard as his and a past of her own. She had been a Communist in the thirties, a past that drew official notice in later years, and Lacey’s biography records a long attachment between her and Isaiah Berlin that the small world absorbed as it absorbed most things, in talk that stayed mostly private. The set forgave much among its own and forgot little.

The grammar of that common room was the air Hart breathed and the doctrine he wrote down. Sin recoded as muddle became a jurisprudence that asked first whether a dispute rested on a confusion of words. Clarity held as the first duty became a method that prized the clean distinction over the deep system. Tolerance held as the height of politics became the harm principle. The portrait of the man and the portrait of his work turn out to be the portrait of a set of rooms at the high tide of English confidence, when a few clever men in Oxford took it for plain that the clear secular liberal mind was the measure of things and that the measure was theirs. The confidence did not last the century. The rooms emptied, the certainty thinned, and the world stopped agreeing that Oxford held the standard. What the set built in law outlasted the set, the fate it wished for and the one it taught its students to expect.

The Voice

Hart writes the clearest prose in modern jurisprudence, and the ease of it is both the achievement and the cover.
The base note is lucidity. He takes abstract questions and sets them down in plain English, short ordinary words put to exact work. He prefers “rule,” “obey,” “accept,” “point of view” to heavier machinery, and when he has to climb into abstraction he climbs back down fast to a homely example. The gunman who says hand over the money. The sign that forbids vehicles in the park. The scorer at a game of cricket. The traffic light. He anchors every hard idea to a scene a layman can picture, which is the ordinary-language habit he took from J. L. Austin and the Oxford rooms, and it lets a reader with no training feel he follows.
His characteristic move on the page is the distinction. He finds two things the tradition has run together and pulls them apart. The man who is obliged from the man who has an obligation. Rules that impose duties from rules that confer powers. The view from inside a practice from the view of the outside observer. The prose advances by these separations, each laid out with the same calm, and the calm is rhetoric. He persuades by seeming not to persuade. He lays the matter out so well that the reader feels he reached the conclusion on his own, and then the radical claim arrives without heat. An evil law is still law. He states it flat, no thunder, and the flatness carries more than any flourish could.
The diction leans Anglo-Saxon over Latinate display. He uses the first-person plural to pull you alongside him, if we look at this, suppose we consider that, the invitation to inspect a thing together rather than to receive a doctrine. He qualifies and hedges. In a sense. It may be said. Perhaps. Some readers take the hedging for scrupulous care and some take it for a way of sliding past a difficulty, and both are right at different moments. He is unfailingly fair to the men he means to defeat. He gives Austin and Devlin and Fuller their strongest form before he takes them apart, and the courtesy is a weapon, because the demolition done gently looks like simple truth rather than attack.
He also has the gift of the phrase that sticks. The union of primary and secondary rules. The rule of recognition. The internal point of view. Open texture, core and penumbra. He coins the image that does the analytic work and lodges in the memory, and a field that wanted to argue with him had to argue in his words.
In speech the picture splits. He was a fluent and effective lecturer, with the barrister’s training in laying out a case in order, and he delivered the Holmes Lecture at Harvard in 1957 well enough to start the longest debate of his life. In the seminar he was searching and quick and courteous, hard on the argument and generous to the student. But the command on the page was a made thing. Lacey’s record of the diaries shows a man who qualified and doubted in private the way the prose never does, who feared he had been overrated, who heard in Dworkin’s pressure the charge that the smoothness hid a problem he could not solve. That charge is the standing criticism of the voice. The reasonable surface, the unhurried fairness, the steady drawing of distinctions, can let a hard question pass by looking settled when it is not, and Dworkin spent twenty years pressing on the places where the calm had closed over a difficulty too soon.
So the voice is the composed public self of an anxious man. Even, lucid, fair, dry where the Oxford temper called for dryness, built to look like a mind without fear. The prose gives nothing away, and that is the first thing to notice about it.

The Four Questions

What coalition he depends on for status and income. Oxford, first and last. The chair of jurisprudence and later the headship of Brasenose paid him and ranked him, and behind the post stood the university, the faculties of law and philosophy, the analytic-philosophy set he came up in, the British Academy, the Clarendon Press that published him, and the journals that reviewed him. Past Oxford, the Anglo-American jurisprudence profession, the law schools on both sides of the Atlantic, and the students who became professors and carried his name, since a school’s standing feeds its founder. His wider home was the postwar liberal secular establishment, the reforming professional class that took Mill for its politics. That coalition gave him status and income, and his work spoke its language back to it.
Who he risks angering if he speaks plainly. The natural-law and religious camp, the men who held that an unjust law is no law and that the criminal law should guard the common morality. To say flat that a wicked statute is still law, and that the state has no business punishing private conduct that harms no one, set him against Devlin and the bench, against the churches, against the conservative press and the moral-traditionalist public. It set him in time against his own student Finnis. He risked the judges too, by telling them plainly that they make law in the hard case rather than find it, which steps on the bench’s account of what it does. And he risked a softer anger from his own side, the liberal reformers who wanted law to be both neutral and good and grew uneasy when his positivism said the law need not be good at all.
Who benefits if his framing wins. The liberal reforming coalition first. The harm principle and the split of law from morals hand the secular tolerant order a reasoned warrant for pulling the criminal law back from private life, and the Wolfenden-era reforms drew that warrant from it. The legal guild next. If law is a system of rules picked out by the practice of officials, then the officials and the experts who read them gain authority, and the academic who clarifies the system becomes necessary to it. Hart benefits as the man at the head of the field he reframed. And any holder of state power benefits in a way Hart did not intend, since a theory that counts a command as law whatever its justice lets a regime have its orders recognized as law without defending them as good.
What truths would cost him his position. That the rule of recognition has no settled content at the margin, that at the hard constitutional case there is no rule to consult and only the agreement of officials, with nothing under the agreement. Grant that and the claim to a science of legal validity thins to a description of a habit. That identifying law always calls for moral judgment, the truth Dworkin pressed, which sinks the separation thesis and the positivist program with it. That the internal point of view reduces to habit or fear, so the advance over Austin’s gunman dissolves. That his liberal wins rode the changing morality of the country rather than causing it, so the reasoner who thought he moved the law was carried by a tide he took for his own argument. And the private truth Lacey found, that the man who wrote the most assured prose in the field doubted in the dark that the framework would hold. Each of these, said out loud and granted, costs him the standing the framework bought.

Posted in Philosophy | Comments Off on H. L. A. Hart: A Life in Law and Philosophy

Robert Dahl, from Pluralist Optimism to the Problem of Economic Power

Robert Alan Dahl (1915-2014) stands among the architects of modern political science and among the central figures in twentieth-century democratic theory. Across a career at Yale University that ran for more than six decades, he moved the study of democracy away from a largely philosophical enterprise and toward a systematic empirical discipline, and he supplied much of the conceptual vocabulary, pluralism, polyarchy, contestation, inclusiveness, through which scholars came to describe political life. His early work taught a generation to see democracy as competition among groups rather than the expression of a single collective will, and his later work pressed those same democrats to reckon with the constitutional and economic limits of the institutions they defended.

He was born on December 17, 1915, in Inwood, Iowa, the son of a physician whose financial troubles during the interwar years carried the family north to Skagway, in what was then the remote American territory of Alaska. Dahl passed much of his youth in that small frontier town, a setting whose social and economic life bore little resemblance to the urban centers that dominated national politics. He grew up in a working-class home, took summer jobs on the railroad, and watched ordinary citizens absorb the shocks of economic forces they could not control. The experience marked him. A concern with political equality and with the political weight of concentrated wealth runs through his scholarship from the dissertation to the final books, and it traces back in part to what he saw in Skagway.

Dahl took his bachelor’s degree from the University of Washington in 1936 and then entered Yale, where he completed his doctorate in political science in 1940. His dissertation, “Socialist Programs and Democratic Politics: An Analysis,” already carried the themes that organized the work to come. The young Dahl rejected both centralized state socialism and concentrated corporate capitalism, and he worried that either form of massed power might erode democratic self-government. Before and during the early years of the Second World War he worked in Washington, serving in several New Deal and wartime agencies, among them the National Labor Relations Board, the Department of Agriculture, the Office of Price Administration, and the War Production Board. Government from the inside, with its compromises and its administrative friction, became part of his education.

The war shaped him further. He served in the United States Army as a reconnaissance platoon leader in the 71st Infantry Regiment of the 44th Infantry Division, and from late 1944 his unit fought through some of the final campaigns of the European theater. He fought along the Maginot Line, crossed the Rhine in March 1945, and advanced across the Danube in April 1945 as Allied armies pushed into Germany. He received the Bronze Star. After Germany surrendered, the Army assigned him to aspects of de-Nazification, including work on the German banking system. The war hardened his commitment to democratic institutions, and at the same time it convinced him that democracy could not be studied as an ideal alone. It had to be understood as a working system that operates under real conditions, with all the imperfection that implies.

Dahl returned to Yale after the war and spent nearly his entire academic life there, rising to Sterling Professor of Political Science, among the university’s highest distinctions. He became a central figure in the behavioral revolution that reshaped the discipline during the 1950s and 1960s. Where earlier scholarship leaned on constitutional texts, historical narrative, and normative philosophy, the behavioralists sought systematic evidence about how political actors behave and how institutions function. Dahl helped fix a model of scholarship that joined rigorous theory to careful observation, and his influence reached the discipline through generations of students and colleagues who carried his methods into every subfield.

His first sustained statement came in Politics, Economics, and Welfare (1953), written with his Yale colleague Charles E. Lindblom (1917-2018). The book tried to hold democratic governance, economic efficiency, and social welfare within a single frame. The collaboration mattered well beyond the volume. Lindblom remained among Dahl’s closest intellectual partners for decades, and together the two men laid much of the groundwork for modern pluralist theory. The partnership also charts the movement in Dahl’s thought, because Lindblom’s later writing pressed harder and harder on the structural advantages that business enjoys within capitalist societies, and those arguments helped pull Dahl toward a more critical reading of economic power than the one he held when he was young.

In A Preface to Democratic Theory (1956) Dahl set out his first major theoretical position. He challenged the older picture of democracy as the expression of a unified general will and argued that modern democracies operate through competition among diverse interests and groups. Democracy, on this account, is a process through which competing interests bargain, negotiate, and compromise, not the voice of a single collective purpose. The book marks the turn away from idealized democratic theory and toward a realistic account of how popular government actually proceeds.

His 1957 essay “The Concept of Power” became among the most cited articles in the social sciences. Dahl proposed a spare definition: A holds power over B to the degree that A can get B to do what B otherwise would not do. The force of the formulation lay in its method as much as its wording. Dahl wanted power to be observable and measurable, so he turned attention away from speculation about hidden domination and toward identifiable decisions and traceable outcomes. The move set off a major argument in postwar social science. Critics charged that the conception was too narrow, and the sharpest challenge came from the political theorist Steven Lukes (b. 1941), who held that Dahl had captured only one face of power, the visible making of decisions. Lukes and allied scholars added further dimensions. The first concerned agenda control, the capacity of powerful actors to keep issues from ever reaching public debate. The second concerned the shaping of belief, the capacity of power to form preferences and perceptions so thoroughly that people fail to recognize their own subordination. The debate ran for decades. Dahl never accepted every part of the multidimensional critique, yet over time he conceded that power often works through channels less visible than the formal decision.

His best-known book, Who Governs? Democracy and Power in an American City (1961), studied political life in New Haven, Connecticut. Many intellectuals of the period held that American democracy lay in the hands of a cohesive ruling elite, a thesis the sociologist C. Wright Mills (1916-1962) had advanced in The Power Elite. Dahl reached a different conclusion. After working through a long series of local controversies, elections, and policy fights, he found no single group that held consistent control across all issues. Power instead appeared dispersed among competing organizations: business leaders, labor unions, civic associations, elected officials, and activists. This finding became the empirical foundation of pluralist theory. Pluralism holds that democratic stability arises not from equal influence among citizens but from the absence of any group able to dominate every sphere of public life. Multiple centers of power check one another, and that competition opens space for participation while it blocks permanent domination. For many years Who Governs? served as the defining statement of democratic pluralism.

His most durable contribution arrived in Polyarchy: Participation and Opposition (1971). Dahl argued that democracy, taken strictly, is an unattainable ideal, since no large political system satisfies every democratic principle in full. Rather than call existing regimes democracies, he introduced polyarchy as the name for real-world systems that approximate the democratic ideal. A polyarchy carries a set of institutional features: elected officials, free and fair elections, broad suffrage, the right to seek office, freedom of expression, alternative sources of information, freedom of association, and institutional guarantees for opposition. More important than the list was the way Dahl made democracy operational. He held that regimes vary along two axes. One is inclusiveness, or participation, the share of citizens entitled to take part in political life. The other is public contestation, or liberalization, the extent to which opposition, competition, criticism, and dissent are permitted. By placing countries along these two dimensions, Dahl built a frame for understanding democratic development across history and across cases. Nineteenth-century Britain, for instance, showed high contestation alongside limited participation, since the vote remained restricted; a modern polyarchy requires high levels of both. The frame became foundational for comparative politics and for the study of democratization.

In Size and Democracy (1973), written with Edward R. Tufte (b. 1942), Dahl confronted what he took to be a permanent dilemma of popular government. Small political units permit real participation, since individuals can shape decisions and stay close to those who hold office. Large units command the administrative capacity that complex problems demand, the capacity to handle defense, regulation, infrastructure, and the management of an economy. The two goods pull against each other. As a system grows larger and more capable, the influence of any single citizen shrinks; as a system grows smaller and more participatory, its power to meet large challenges falls away. Dahl treated this tension as unavoidable. Democracy, he held, requires a balance between participation and effectiveness rather than the maximizing of either value on its own.

Though readers often associate Dahl with a confident pluralism, his later writing grew more doubtful about the capacity of existing institutions to deliver real political equality. Lindblom shaped that turn. In Politics and Markets (1977) Lindblom argued that business holds a privileged place in capitalist societies because governments depend on private investment, employment, and growth, so policymakers face constant pressure to accommodate corporate interests. Dahl came to accept the argument. His concern with economic inequality had always been present, visible in the dissertation and never absent for long, but he became more and more persuaded that large disparities of wealth threaten the equality democracy promises. That concern reached its fullest treatment in A Preface to Economic Democracy (1985), where he examined worker ownership, workplace democracy, and alternative forms of economic organization.

Many scholars regard Democracy and Its Critics (1989) as his masterwork. The book gathers decades of research and reflection into a comprehensive defense of democratic government. Dahl weighs the cases for guardianship, technocracy, and authoritarian rule and concludes that democracy remains superior despite its flaws. The work also sets out what came to be called the criteria of the democratic process: effective participation, voting equality, enlightened understanding, control of the agenda, and the inclusion of adults. These standards became fixed reference points in democratic theory.

In How Democratic Is the American Constitution? (2001) Dahl turned an unusually frank democratic audit on the American constitutional order. He declined to treat the Constitution as a sacred text and measured it against democratic principles. His criticisms gathered around several features. The Senate grants equal representation to states regardless of population, which hands outsized weight to residents of small states. The Electoral College allows a candidate to take the presidency while losing the national popular vote. Judicial review places significant policy authority in the hands of unelected judges. And the broader separation-of-powers design multiplies the points at which a determined minority can block what a majority prefers. Dahl did not reject constitutional government. He argued that many arrangements inherited from the eighteenth century are hard to defend by modern democratic standards.

In his last major works, above all On Political Equality (2006), Dahl returned to the question that had held him from the start. Can political equality survive extreme economic inequality? He feared that concentrated wealth turns into disproportionate political influence through campaign finance, lobbying, ownership of media, and the power to set the agenda. The late writing thus reaches back to the earliest, and the continuity across more than sixty years is striking: the same worry that animated a young man in Skagway and a graduate student writing on socialism still drove the work of a scholar in his nineties.

Beyond his own books, Dahl helped defend free expression within the university. He took part in the work that produced Yale’s Woodward Report of 1975, among the most consequential American statements on academic freedom, which held that a university’s central obligation is the protection of free inquiry and free expression even when speech is controversial or gives offense.

Dahl married Mary Louise Bartlett in 1940, and the marriage lasted until her death in 1970. In 1973 he married Ann Sale, who remained his partner until his death. He had five children and kept strong family ties throughout his life. His memoir, After the Gold Rush: Growing Up in Skagway (2005), looked back with warmth on the Alaskan childhood that formed his political outlook.

Honors came to him in nearly every form the discipline offers. He served as president of the American Political Science Association and won election to the National Academy of Sciences, the American Academy of Arts and Sciences, the American Philosophical Society, and the British Academy. He held Guggenheim Fellowships and appointments at leading research institutes. In 1995 he became the first recipient of the Johan Skytte Prize, often described as the closest thing political science has to a Nobel. Both Who Governs? and Democracy and Its Critics received the Woodrow Wilson Foundation Award.

Dahl died on February 5, 2014, at the age of ninety-eight. His influence endures. Scholarship on democratization, representation, political equality, constitutional design, and democratic legitimacy still works within frames he helped build, and in 2016 the American Political Science Association established the Robert A. Dahl Award to honor outstanding work on democracy and democratization by emerging scholars. His career joined realism to idealism in a way that resists easy summary. He never gave up the conviction that democracy is the best form of government available to men, and he never agreed to romanticize the institutions that carry its name. He moved from the study of a single American city to the audit of an entire constitutional system, and from optimism about pluralist competition to a sober concern with economic and structural power. Through every shift a single question held fast: how can a political system preserve real equality among its citizens while it meets the immense organizational demands of modern life? More than any other political scientist of his century, Robert Dahl gave that question its concepts, its methods, and its standards, and supplied much of the language in which it continues to be asked.

Polyarchy as Containment: Sheldon Wolin on Robert Dahl

Two men hold the standing quarrel at the center of postwar democratic theory, and they want opposite things from the word democracy. Dahl wants to make it a science. He measures regimes, ranks them, names the real-world approximations polyarchy, and traces how power disperses among groups. Wolin denies that democracy holds still long enough to be measured. For him democracy is an event, not a regime, and the apparatus Dahl builds to study it is the same apparatus that contains it. Wolin never granted that the empirical theory of democracy described democracy at all. He thought it described the thing that had replaced democracy and kept its name.

Start with method, because Wolin starts there. His 1969 essay “Political Theory as a Vocation” answers the movement Dahl led and personified, the behavioral revolution that Dahl had crowned in his own 1961 essay as a successful protest grown into a monument. Wolin gives that movement a name he means as an indictment: methodism. The methodist elevates technique above substance and trains a community to trust the technique. The apprentice learns to see only what the method registers and to discount what it cannot reach. Vision goes first, then judgment, then the tacit feel for political life that no questionnaire recovers. What survives is a guild that polices its own procedures and mistakes the values of the research community for knowledge of the world. Dahl reads the same revolution as maturity, the discipline at last growing rigorous. Wolin reads it as the surrender of the theorist’s vocation, the trading of the contemplative tradition for a craft that measures because it has stopped thinking about ends.

The disagreement about method opens onto the larger one. Wolin draws a line between the political and politics. The political names the moments when a people attends to its common fate and acts on what it holds in common. Politics names the routine contest for advantage inside settled institutions, the bargaining and the vote-counting and the brokerage among organized interests. Polyarchy delivers abundant politics and almost no political. Dahl’s New Haven, the city of Who Governs?, runs on politics in this sense. Business leaders, unions, mayors, and civic groups push and trade across a long series of decisions, and no group wins everything. Dahl finds dispersal and calls it health. Wolin looks at the same city and finds a population managed by its organizations, busy with politics and shut out of the political, never once gathered as a demos deciding the shape of its shared life.

The decisive move is Dahl’s, and Wolin turns it inside out. Dahl argues that democracy in full is unattainable, that no large system satisfies every democratic standard, and that the honest course is to describe the approximations and study them under a new name. Polyarchy is that name. Through Wolin the move reads as the naming of a cage. The institutions Dahl catalogs as the marks of polyarchy, the elections and the legal opposition and the free press and the freedom of association, are the very containers that keep the demos from acting. Constitutionalism routes popular energy into channels that exhaust it. The administrative state absorbs decision into expertise. The corporate economy sets the terms before any vote is cast. Dahl treats these arrangements as the scaffolding of a workable democracy. Wolin treats them as the architecture of containment, and treats Dahl’s whole science as the cartography of the cage, careful, accurate, and blind to what the cage is for.

This is why Wolin calls democracy fugitive. Democracy, on his account, is not a form of government and not a stable arrangement of offices. It is an episodic eruption, the demos breaking through to rule and then receding, alive in the town meeting and the strike and the mass movement and the uprising, and gone again once the institutions reassert their hold. The state form exists to prevent the recurrence. Set Dahl’s two axes against this and the gap opens fully. Dahl ranks regimes by inclusiveness, how wide the franchise runs, and by contestation, how much opposition the system tolerates. Both axes measure the settings of the container. Neither registers the demos in the act of ruling, because that act keeps no permanent address and shows up on no scale built to grade institutions. Dahl measures how open the cage is. Wolin watches for the moments the cage fails.

Wolin pressed the argument to its hardest form late, in Democracy Incorporated. There he describes the political absorbed by the economy and the great organization until the citizen shrinks into a spectator and a consumer. Elections continue. Mobilization dies. He gives the condition a deliberately jarring name, inverted totalitarianism, a managed democracy that keeps the outward forms and hollows the substance, ruling through demobilization rather than terror. Dahl’s late work arrives at the rim of this argument without crossing it. In A Preface to Economic Democracy and On Political Equality Dahl grows alarmed that concentrated wealth turns into disproportionate political weight through campaign finance, lobbying, ownership of media, and the power to set the agenda. He sees the economic force that corrodes political equality. He keeps faith that the polyarchal frame can be reformed to contain it, that worker ownership or campaign rules or a more honest constitution might restore the balance. Wolin holds that the frame is the corrosion’s own instrument, and that asking polyarchy to cure what polyarchy was built to administer mistakes the disease for the physician.

Dahl is owed a reply, and the reply is strong. He might answer that Wolin offers eruptions and memory in place of institutions, that fugitive democracy protects no one on an ordinary Tuesday, and that a theory built on the rare moment leaves the citizen defenseless on every other day. Polyarchy, poor as Wolin finds it, hands a real dissenter a real press, a real vote, a real right to organize, and a real chance to turn the government out at the next election. Wolin’s demos, gathered and sovereign and then dispersed, ends when it disperses in the same concentrated power Dahl spent sixty years mapping, and the man with a grievance and no institution has nowhere to take it. The strike recedes. The court remains. Dahl built his science to give that man the court. Against the charge that he domesticated democracy, Dahl can say he made it survivable, and that survivable democracy beats a heroic democracy that arrives once a generation and leaves the losers to the victors.

That answer holds, and it marks the limit of the frame. Wolin gives you a powerful account of what polyarchy costs and a thin account of what to build the morning after the demos goes home. Dahl gives you the working system and treats its containment as the price of working at all. The confrontation yields its most when the two readings sit side by side over the same facts. Dahl looks at New Haven and sees power dispersed enough that no faction rules outright. Wolin looks at New Haven and sees a people busy enough that it never rules at all. Dahl asks how a large society preserves equality among its citizens while it carries the organizational load of modern life. Wolin asks whether a society that carries that load can still let its people govern, and answers that the load is the governing’s defeat. Read alone, Dahl tells you how the system runs. Read against him, Wolin tells you what the running costs, and forces the science of democracy to say out loud the thing its measurements leave unmeasured: who acts, and who only chooses among the actors others have arranged.

Gaetano Mosca (1858-1941), Vilfredo Pareto (1848-1923), and Robert Michels (1876-1936)

Dahl built his career on a single denial. The people never rule, said a long line of hard-eyed Europeans, and an organized few always do. Dahl spent forty years answering them with evidence, and the answer made his name. Turn the line back on him and the question sharpens into the one his admirers prefer to leave closed: did Dahl find power dispersed in New Haven, or did he miss the oligarchy because his method counted only the power he had already decided to look for?

The tradition he answered runs through three men. Gaetano Mosca holds that every society divides into two classes, a ruling minority and a ruled majority, and that the minority rules because it organizes while the majority stays scattered. Power flows to the organized. The minority then covers its rule with what Mosca calls the political formula, the legitimating story a society tells about why its rulers rule, divine right in one age and the will of the people in another. Vilfredo Pareto reads the same fact through psychology and calls it the circulation of elites. History for Pareto is a graveyard of aristocracies. One governing elite decays and another rises, the foxes who rule by cunning giving way to the lions who rule by force and back again, while the mass below never governs at all. Democracy, in this reading, is a derivation, one of the rationalizing tales an elite tells to dress its dominance as consent.

Robert Michels studied the German Social Democrats and the trade unions, the organizations on earth most committed to mass equality and internal democracy, and he found them run by a stratum of full-time officials who controlled the records, the meetings, the funds, and the press, and who held their places against a membership too busy, too grateful, and too unschooled to displace them. From this he drew the iron law of oligarchy. Organization breeds rule by the few. Not from bad faith, and not from any defect in the cause, but from the requirements of running anything large: specialization, expertise, paid leadership, control of information, and the apathy of a mass that wants its affairs handled. The party built to bring democracy to society cannot practice democracy in its own hall. If the iron law holds, Dahl’s project is dead before it starts, because the dispersal he reports is the surface play of factions inside a ruling stratum that the law guarantees.

Pluralism is the reply to Michels. In A Preface to Democratic Theory and then in Who Governs? Dahl denies the iron law on the ground, in a real American city, across real decisions. And he sets the rules of evidence first. His 1958 essay “A Critique of the Ruling Elite Model” lays them down. To show that an elite rules, you must name the group, identify the political decisions where its preferences clash with others, and demonstrate that its preferences regularly prevail. A reputation for power is not power. A seat at the top of a social register is not a record of victories. Floyd Hunter (1912-1992) had asked Atlanta informants who held power and reported a cohesive business elite, and Dahl threw the method out: it measured talk about power, not the exercise of it. The honest student watches who wins when actors collide over a key issue, and in New Haven Dahl watched and found different winners on different issues, business leaders prevailing on redevelopment, educators and parents on the schools, party men on nominations, no faction carrying every field.

The elite theorists answer that the test is built to produce its verdict. Define power as victory in observable conflict over issues already on the agenda, and you have ruled out the deepest exercise of power before you start, the power to keep issues off the agenda, to shape what counts as a key question, to set the slate of choices the contestants then fight over. Michels supplies the ground: where the mass is apathetic and the few are organized, the many may contend over the questions the few permit while the few decide which questions reach the room. Mosca supplies the reading: the groups Dahl watches trading wins are factions within and around the political class, and the rotation of advantage among them leaves the ruled exactly where they sat. Pareto supplies the warning: a parade of competing leaders is the circulation of elites wearing the costume of self-government, and the analyst who counts the costume changes and calls the result popular rule has been fooled by a derivation.

C. Wright Mills carries the European tradition into Dahl’s own decade and his own country. The Power Elite describes a unified command at the top of three interlocking orders, the corporate, the military, and the executive, men who share schools and clubs and origins and who move among the three hierarchies as one class. Below them Mills grants a middle level of balancing and brokerage, the give-and-take of organized groups in Congress and the press, and below that a fragmented mass with no purchase on the decisions that govern its life. Mills concedes pluralism at the middle and denies it at the summit. Set this beside Who Governs? and the charge writes itself. Dahl studied a middle-sized city’s middle-level traffic, the schools and the nominations and the downtown projects, and generalized the bargaining he found there into an account of the whole, choosing a site and a set of issues where pluralism was bound to surface and mistaking the visible middle for the structure entire.

G. William Domhoff makes the charge concrete, and this is the reflexive payoff. He went back to New Haven, to Dahl’s own city and Dahl’s own cases, and read them again. Who Really Rules? returns to the redevelopment program under Mayor Richard C. Lee (1916-2003), the signature achievement Dahl had treated as proof of an elected leader assembling shifting coalitions. Domhoff finds the downtown business interests and the Citizens Action Commission setting the terms inside which Lee and everyone else then maneuvered. The redevelopment agenda, on this account, came from national real estate and business pressures and from a local growth coalition, and the bargaining Dahl recorded ran within a frame those interests had already built. Dahl studied who won the games. Domhoff argues he never asked who laid out the field. The most cited community-power study in the discipline, restudied by a patient adversary, reads as oligarchy hiding behind an active mayor.

Dahl is owed his defense, and the defense is real. The elite hypothesis, stated loosely, cannot be killed. Any city where no elite is seen to rule can be explained as a city where the elite rules unseen, and a theory that converts every absence of evidence into confirmation has stopped being a theory and become a faith. The reputational studies did measure reputation, and reputation and power come apart often enough to matter to anyone who wants the truth rather than the satisfying story. New Haven did turn out mayors, did carry real opposition, did show one set of actors losing where another won, and a model that calls all of this a costume owes an account of what evidence might ever count against it. Dahl asked for that account and rarely got one. He also bent over time, granting in later years that power runs through channels quieter than the open clash of decisions, which concedes the elite theorists their best point without conceding their conclusion.

So the confrontation turns, as these confrontations do, on the meaning of power and on where the analyst agrees to look. Count visible victories in declared conflicts and you find pluralism, because you have defined power as the thing pluralism displays. Look for the hand that sets the agenda and screens the alternatives and you find an organized minority, because you have defined power as the thing oligarchy displays. Each method carries its finding in its design. The sting for Dahl runs deeper than for most, because power was his subject and elites were the rivals he made his name refuting. The discipline’s foremost student of who governs may have settled the question by choosing, before he entered the field, the single form of power his instruments could register, and calling the rest of it reputation.

The Crown No One Wears: Robert Dahl and the Hero System of Equality

A boy works the White Pass line out of Skagway in the summers, loading freight in a territory where the law is thin and the weather decides things. His father is a doctor whose money has failed, and the boy learns early what a small man looks like when a force he cannot see reaches down and rearranges his life. The mine closes. The price falls. The bank in some far city calls a note. The frontier town keeps its rough equalities, every man sweating the same grade, and it keeps its hard lesson too, that out beyond the pass sit powers that move whole families the way the tide moves gravel. The boy carries both lessons north and south for the rest of his life. He becomes the political scientist who insists, against a long line of men who knew better, that the small man has standing, that power can be watched and weighed and answered, and that no one in a free country gets to sit on a throne the rest must serve.

Ernest Becker gives us the tool to read such a life from the inside. Man knows he dies, and the knowledge is more than he can hold, so culture hands him a hero system, a set of rules for earning significance and a kind of durability past the grave. One man earns it through sons, another through a faith that promises the soul outlasts the body, another through a work that strangers will use after he is gone. The hero system tells a man what is sacred, what confers worth, and what a life adds up to. He clings to it because the alternative is the void, and he turns savage toward anyone whose different system suggests his own might be a tale he told himself to keep from looking down.

Dahl’s hero system is democracy, and the sacred word at its center is equality. Read him through Becker and the word stops being a slogan and becomes a wager about death itself. Every other hero system on offer promises a man that he might be singular, chosen, lifted above the herd into significance. The saint, the conqueror, the founder, the genius, each is told there is a way to be more than one of the many. Democracy tells a man the opposite. It asks him to accept equal standing with the grocer and the drunk and the fool, to give up the dream of the crown, and it offers in exchange a smaller and stranger heroism, the dignity of helping to author a common life that no single will commands. Dahl spends sixty years making that exchange look honorable instead of like a defeat. His sacred value is the renunciation of specialness, equally required of all, and his life’s labor is to prove the renunciation buys something real.

This is the new ground, the thing the tenth hero-system essay can still surprise you with. Most immortality projects promise the hero a throne. Dahl’s promises that no one shall have one, and he builds his own monument out of certifying that monuments of that kind are forbidden. He becomes the priest of dispersed significance, the man who earns lasting fame by teaching that lasting domination is unavailable to anyone, and the paradox runs all the way down. He wants the demos to author its life, and he knows the demos cannot be a hero in Becker’s old sense, cannot be chosen or singular, can only be the many holding equal coin. So he invents a vocabulary that lets the many feel like more than the herd without letting any one of them become the king. Polyarchy is the name he gives the arrangement. His two axes, how many may take part and how freely they may oppose, are the ruler he holds against every regime to ask whether it lets the small man keep his standing or strips it away. The concept is his contribution, and the contribution is his coin. He will be remembered, this enemy of being remembered above one’s fellows, for the careful proof that no one deserves to be.

The terror under the project is specific, not abstract, and Skagway and the war supply it. Dahl crosses the Rhine in March 1945 with a reconnaissance platoon and crosses the Danube in April as the Reich falls, and when the shooting stops the Army sets him to taking apart the German banking system, unwinding the money behind the worst concentration of power the century produced. He has now seen, with his own eyes and not in a book, what the unanswered crown does to the small man, the boy from Skagway grown into a soldier picking through the ledgers of a state that swallowed its citizens whole. His sacred value hardens here. Equality is no longer a preference. It is the wall against the thing he watched, the standing that lets a man say no to the power that would otherwise rearrange him like gravel. And the men who tell him the wall cannot hold become, for the rest of his life, the enemies of his immortality project, because they say the project is a lie.

They are formidable, those men, and Dahl knows it. A line of cold European realists holds that the people never rule, that an organized few always do, that equality is a costume power wears to the dance. To concede them is not to lose an argument. It is to learn that the boy from Skagway was a fool, that the wall is paint, that the renunciation he asked of every man bought nothing and the crown sits on someone’s head no matter what the citizens believe. So Dahl fights them on method with a heat that puzzles readers who think the question dry. He demands that power be shown, not assumed, that a ruling few be caught prevailing in real fights over real decisions before anyone calls them rulers. Becker tells us why the heat is there. The realists are not proposing a rival theory to Dahl. They are proposing his death. A man defends his hero system the way he defends his life, because to him they are the same.

Set his sacred words beside other men’s and watch them come apart, because the words mean what the hero system needs them to mean and nothing more.

Take equality. To Dahl it is the equal standing of citizens, watchable in votes and decisions and recourse. To a Carthusian in his cell it is real and total and has nothing to do with the polling place. The monk rises for the night office in a cold choir, the prior and the newest novice singing the same psalms in the same dark, and the equality he believes in is the equality of souls before God, leveled by death and judgment, indifferent to who governs New Haven or anywhere else. Political standing is dust to him. His heroism is to empty himself, his immortality literal and promised, and a man who spent his life measuring regimes has, by the monk’s reckoning, polished the brass on a sinking ship.

Take power. To Dahl it is one man getting another to do what he otherwise would not, and he wants it caught in the act, in daylight, in a decision. To a chess grandmaster the word means nothing of the kind. Across the board the sacred thing is truth, the one correct line that holds against any defense, and power is the clarity to see it and the nerve to play it. Equality is an insult here. The pieces are not equal and the players are not equal and the whole point is the ruthless sorting of better from worse. The grandmaster’s immortality is a game annotated for two hundred years, his name on a brilliancy that students replay long after his bones are gone, and he earns it by being singular in the one way Dahl spent his life denying anyone the right to be.

Take the people. To Dahl the people are the demos, the body of equal citizens whose standing he guards. To a startup founder in a glass room the people are users, and they vote with adoption, and the market is the only ballot he respects. “We are not running a democracy,” he tells the room, and means it as a virtue. The sacred to him is the exceptional builder, the asymmetric bet, the product that scales past every gatekeeper. He wants to change the world and he wants his name on the thing that does it, and equal standing among the many strikes him as the drag that mediocrity puts on vision. His immortality is the company that outlives him. Dahl’s renunciation, to him, is the creed of people who could not build.

Take the same word again and carry it to a high pasture, where a Maasai elder counts his wealth in cattle and his standing in his age-set and the sons who will hold the herd when he is dust. The vote is a foreign noise to him. Power lives in the rains, the bride-price, the seniority a man earns by living, and the ancestors who watch. His immortality is the line continuing, the cattle passing down, his name spoken at the fire. Dahl’s careful regime types describe a world the elder has no reason to enter, and the equality Dahl made sacred has no place where worth comes by lineage and age and the size of one’s herd.

Take power once more to a bedside. A hospice nurse works the night shift, and she sees what Becker says we spend our hero systems hiding from, the actual leaving, hour by hour. To her the only equality is the one the monk named, all men equal before the dark, and she has watched the rich man and the poor man arrive at the same narrow gate with the same fear. Power is the thing being peeled away in front of her. Her heroism is presence, the small mercy, the hand held, and she earns no monument and wants none. She would find Dahl’s life decent and beside the point. The standing he fought for ends, every time, in her ward.

And take the people to a parade deck, where a career Marine first sergeant dresses a line of recruits and means to make them one thing out of many. Equality is poison to him, operationally. The sacred is the chain of command, the unit, the colors that go back two centuries, the willingness to die for the man on your left. “Nobody here is equal,” he says, walking the line, “you earn your place.” His immortality is the name cut into the memorial wall and the unit that fights on after him. Dahl’s dispersed power, his protected opposition, his bargaining among groups, describes the civilian world the first sergeant defends and does not for one moment want to live inside.

Seven men, seven coins, and the words equality and power and the people change their faces each time they pass from hand to hand. This is Becker’s point pressed hard. There is no neutral throne from which one of these systems judges the rest. Dahl’s is one among many, not the floor beneath them. He treats political equality as the sacred thing every reasonable man must want, and the monk and the grandmaster and the founder and the elder and the nurse and the first sergeant each look up from a different altar and do not want it, or want it to mean something he never meant.

The old man knew the wall might be paint. In his last decades Dahl grew afraid that wealth buys the standing he had labored to guarantee, that concentrated money turns into concentrated voice and the equal citizen finds his ballot outweighed before he casts it. The fear is the realists’ point returning in his own mouth, the enemy half admitted at the end. A smaller man recants. Dahl does the thing the keeper of a hero system does when the doubt comes for him in the dark. He does not let go. He tries to mend the wall, to imagine an economy that disperses power the way he had claimed politics already did, holding the vital lie with open eyes because the alternative is to tell the boy from Skagway that the throne was always occupied and the renunciation bought nothing.

He dies on February 5, 2014, at ninety-eight, and the profession does for him the one thing his whole creed forbids. It singles him out. It puts his name on an award and hands it down the generations, a crown for the man who taught that no one wears one. Becker would not call this hypocrisy. He would call it the last proof of the thesis. Even the priest of the equal man needed his coin against the dark, and the discipline, loving him, paid it in the only currency a scholar’s hero system knows, the name that outlives the body, cut into the record where the small man, at last, is permanently large.

The Great Delusion

In his 2018 book, The Great Delusion: Liberal Dreams and International Realities, John J. Mearsheimer wrote:

My view is that we are profoundly social beings from the start to the finish of our lives and that individualism is of secondary importance… Liberalism downplays the social nature of human beings to the point of almost ignoring it, instead treating people largely as atomistic actors… Political liberalism… is an ideology that is individualistic at its core and assigns great importance to the concept of inalienable rights. This concern for rights is the basis of its universalism—everyone on the planet has the same inherent set of rights—and this is what motivates liberal states to pursue ambitious foreign policies. The public and scholarly discourse about liberalism since World War II has placed enormous emphasis on what are commonly called human rights. This is true all around the world, not just in the West. “Human rights,” Samuel Moyn notes, “have come to define the most elevated aspirations of both social movements and political entities—state and interstate. They evoke hope and provoke action.”
[Humans] do not operate as lone wolves but are born into social groups or societies that shape their identities well before they can assert their individualism. Moreover, individuals usually develop strong attachments to their group and are sometimes willing to make great sacrifices for their fellow members. Humans are often said to be tribal at their core. The main reason for our social nature is that the best way for a person to survive is to be embedded in a society and to cooperate with fellow members rather than act alone… Despite its elevated ranking, reason is the least important of the three ways we determine our preferences. It certainly is less important than socialization. The main reason socialization matters so much is that humans have a long childhood in which they are protected and nurtured by their families and the surrounding society, and meanwhile exposed to intense socialization. At the same time, they are only beginning to develop their critical faculties, so they are not equipped to think for themselves. By the time an individual reaches the point where his reasoning skills are well developed, his family and society have already imposed an enormous value infusion on him. Moreover, that individual is born with innate sentiments that also strongly influence how he thinks about the world around him. All of this means that people have limited choice in formulating a moral code, because so much of their thinking about right and wrong comes from inborn attitudes and socialization.

Two pictures of man sit at the bottom of two careers. Dahl’s man is a citizen with preferences of his own, formed by interest and reason, carrying many partial loyalties he bargains among, equal to his neighbor, and fit to be placed on a single grid that measures every regime on earth by how much standing it grants him. Mearsheimer’s man is born into a group that pours its values into him before he can think, tribal at the root, bound to his fellows tightly enough to die for them, and ruled far more by inborn sentiment and socialization than by the reason he flatters himself he runs on. Mearsheimer drew his picture to explain why liberal great powers wreck themselves abroad, but the picture is a claim about human nature, not foreign policy, and it cuts at the domestic theorist as cleanly as at the crusading diplomat. If the tribal animal is the real one, the citizen Dahl spent sixty years arming does not exist as described, and the science built to register his preferences has been recording something it never understood.

Begin with the unit. Dahl aggregates. The individual and the group are his data, their preferences the inputs his democratic process registers and weighs. He takes the preferences as given, as the citizen’s own, the thing the system exists to honor. Mearsheimer denies the premise at the source. A man’s preferences are not his own raw material; they are the output of a long childhood spent under intense socialization, an enormous value infusion laid down before his critical faculties wake, sitting atop innate sentiments he never chose. By the time he can reason, his society has already decided most of what he will want. So the apparatus that registers preferences and calls the sum the will of the citizens is measuring the echo of the group and crediting it to the individual. Dahl thinks he counts free choices. Mearsheimer says he counts the residue of socialization wearing the mask of choice.

This guts the citizen Dahl needs most. Among the criteria of the democratic process Dahl set down in Democracy and Its Critics stands enlightened understanding, the citizen who grasps his interests and reasons toward them. The whole defense of popular rule leans on that reasoning man, because if he cannot understand his own stake the case for letting him decide goes thin. Mearsheimer ranks reason last of the three sources of preference, below sentiment and below socialization, and the ranking is not a flourish. It means the deliberating citizen of democratic theory does little of the deliberating credited to him. He ratifies, mostly, what his group infused before he could weigh anything, and the thin top layer of reasoning rides on a thick base Dahl never theorized and his instruments never reach. Enlightened understanding describes the surface of a man whose depths were settled by his people.

Then the load-bearing beam of the pluralist account, the one that did the real work in Who Governs?, the crosscutting cleavage. Pluralism held that a free society moderates its conflicts because a man belongs to many groups at once, his church and his union and his neighborhood and his trade pulling him in directions that overlap and cancel, so that no single attachment commands him and his loyalties stay partial, negotiable, cool enough to bargain. New Haven worked, on Dahl’s reading, because the Italian and the Pole and the Yankee shared enough crosscutting memberships that none of them fought to the end. Mearsheimer reads the same man and finds the partial loyalty a fair-weather pattern, not the structure. Group attachment runs deep, prior, and capable of overriding the rest, and when threat arrives the deep unit reasserts itself and the crosscutting memberships fall away like coats in a fire. Pluralism mistook a temporary cooling of tribalism for its cure. The bargaining Dahl recorded happened in the calm. Mearsheimer asks what happens when the calm breaks, and answers that the tribe comes back, and that a theory built on the calm has no account of the thing that ends it.

Now the grid, and here the indictment reaches Dahl’s signature achievement. The two axes, inclusiveness and contestation, lie flat across Britain and India and the United States and the whole record of regimes, one scale for all of human political life, polyarchy the shared destination every society approximates from its own distance. The grid assumes a single animal everywhere, the same demos under every flag, wanting the same standing, measurable by the same yardstick. This is liberal universalism in scholarly dress, the conviction that every man on the planet carries the same set of rights and the same democratic aspiration, and Mearsheimer treats that conviction as the central delusion. There is no universal demos. There are peoples, plural, bound to particular places and particular sacred attachments, and the nation is the deep political unit, not humanity and not the rights-bearing individual. The democratic process criteria are the values of one civilization, prized by the liberal West and projected outward as the standard for all, and a man laying them over every society as a neutral ruler has confused the preferences his own group infused in him for the measure of mankind. Dahl ranks the world on a scale he believes is universal and Mearsheimer never chose.

The deepest consequence concerns where polyarchy gets its fuel, and Dahl never asks the question because his apparatus cannot frame it. A polyarchy needs a people willing to lose. The defeated party must accept the count, go home, and try again next time rather than reach for the rifle, and this acceptance is the daily miracle on which the whole arrangement rests. Dahl assumes it. His two axes measure how widely men may take part and how freely they may oppose, and neither axis asks whether there is a single we to be equal members of in the first place. Mearsheimer supplies the missing source. The loser accepts the count because he and the winner are one people, bound by a national attachment older and stronger than the contest between them, and the binding is the work of the very tribalism Dahl’s individualism cannot name. Where the binding holds, polyarchy runs, and Dahl credits his institutions for a cohesion that nationalism delivered. Where the binding fails, in the deeply divided society, in the multiethnic state with two peoples and no shared we, polyarchy fails too, and it fails not because participation is low or opposition forbidden but because there is no single people for whom equal standing means anything. The crosscutting-cleavage optimism collapses at the exact point where the cleavage is the tribe.

This rewrites Dahl’s late fear. In his last books he grew afraid that concentrated wealth buys political voice and corrodes the equality he had guarded, and he watched the money. Mearsheimer’s anthropology points to a different and older corrosion, the return of the group, the people sorting back into peoples, the partial loyalties pluralism counted on hardening into the deep attachments that override the bargain. If man is tribal at the root, the threat to a polyarchy is less the rich man outweighing the poor man’s ballot than the dissolution of the we that made both ballots count as the same currency. Dahl trained his eye on the wrong wall. The danger his theory could not see was the one his theory most depended on never arriving, the reassertion of the tribe over the citizen, and he had no instrument pointed at it because his picture of man had no tribe in it to watch.

Dahl is owed his reply. The crosscutting loyalties of New Haven were real and did moderate conflict across generations, not for a single calm afternoon, and the empirical record shows partial allegiance operating across decades much as pluralism described, which is more than Mearsheimer’s fair-weather dismissal allows. The protection of opposition, the heart of polyarchy, is precisely the institutional answer to tribal capture, the arrangement that keeps any one group from permanent rule and gives the losing tribe a path back to power that does not run through the rifle. And Mearsheimer’s anthropology, pressed to the wall, explains too much. If reason ranks last and socialization infuses everything, then Mearsheimer’s own realism is the value infusion of Mearsheimer’s own group, and the man who says reason cannot escape its tribe has written a book asking us to reason our way out of liberalism. The strong socialization claim saws at the branch it sits on. Dahl’s wager is that the long childhood can be a democratic childhood, that institutions can socialize a reasoning and equal citizen on top of the tribal base, that the value infusion can carry liberal norms as readily as tribal ones. Mearsheimer says the base wins in the end. Dahl says the base can be cultivated. Neither holds the last word.

But the burden the frame lays on Dahl stands whatever he answers. He built a science of how the citizens decide and never asked where the citizens came from, never asked what makes a crowd of individuals into a single people capable of losing an election without breaking the country. He assumed the we and studied the vote. Mearsheimer says the we is the prior achievement, the work of the tribe and the nation, and that the vote runs on a fuel the science of the vote neither measures nor explains. If Mearsheimer is right, Dahl gave us an exact account of the machinery of a house and no account at all of the ground it stands on, and the ground, not the machinery, is what gives way.

‘A Big Misunderstanding’

David Pinsof says intellectuals blame the world’s troubles on misunderstanding, on bias and tribalism and bad information, because the charge crowns them the world’s saviors, the people whose trade is understanding and who therefore hold the cure. The cynical truth, on Pinsof’s account, is that there is little to misunderstand. Men grasp what it pays them to grasp. Stupidity is strategic. The biases are savvy. Partisans hate each other because they fight over the coercive power of the state, not because they forgot to check their evidence, and the intellectual who offers to fix all this by raising consciousness is running his own status play while calling it a rescue.

Dahl threw out the picture of democracy as a people reasoning its way to a general will. In A Preface to Democratic Theory he denied that politics aims at a single shared purpose waiting to be discovered once confusion clears. Democracy, he said, is competition among interests, bargaining and trading and blocking, men pursuing what they want against other men pursuing what they want. That is Pinsof’s own picture. No misunderstanding to correct, no consensus to reach, just self-interested actors in a contest. And the institution Dahl prized most, the protected opposition that defines a polyarchy, assumes the worst about motive, not the best. You guard the right to oppose because you trust no group with permanent power, because every winner would press his advantage to the wall if the losers could not regroup and fight again. This is the design of a man who expects men to grab, not a man who expects them to see the light. On the question of motive Dahl is closer to Pinsof than the intellectuals Pinsof flays, and Pinsof, scanning the field for an ally, ought to find one here.

Now the other half, where the myth lives. Among the criteria Dahl set for the democratic process in Democracy and Its Critics stands enlightened understanding, the citizen who comprehends his interests and reasons toward them, whom the system should equip with the information to do so. The criterion is the misunderstanding myth in its purest civic dress. It assumes the citizen wants to understand and that better understanding makes for better democracy, that the defects of popular rule trace to a deficit the right institutions might fill. Pinsof denies the premise at the root. The voter has no incentive to be unbiased and every incentive to parrot his tribe’s line, because parroting it wins him standing among the people whose regard he needs, and his so-called bias is the savvy output of a man who understands his social marketplace far better than the professor who wants to enlighten him. Dahl’s enlightened citizen does not exist. Pinsof’s citizen does, and he is rational in precisely the respect Dahl filed under ignorance.

Judge Dahl by his stated goal and he is a disinterested scientist measuring regimes and defending political equality without fear or favor. Judge him by the actual goal, in Pinsof’s sense, the thing the work did rather than the thing the work announced, and a second account appears. The pluralist finding, that power in America disperses and no elite rules, was the status-enhancing opinion of a coalition that needed to believe it, postwar liberalism telling itself its society was open while the cynics on the left said it was owned. Dahl gave that coalition its science. The work conferred standing on him, the discipline’s foremost certifier that the system worked, and it derogated his rivals, the elite theorists and the Marxists, whom he cast as naive or as peddlers of an untestable hunch. Pinsof’s line fits without forcing. Dahl understood what he had an incentive to understand, and he had a powerful incentive to understand New Haven as proof that the ordinary man held his standing.

Read his great quarrel through the frame and the genteel surface drops away. Dahl said his fight with the ruling-elite model was a fight about method, that the elite hypothesis could not be tested unless someone showed an elite prevailing in real conflicts over real decisions, and that reputation for power was not power. Pinsof reads no methodological disagreement and no mutual misunderstanding between careful men. He reads zero-sum competition over a coercive apparatus, the academy’s version, the contest to decide whose map of American power becomes the official one. Dahl and his opponents fought dirty in the muffled way scholars fight dirty, each charging the other with the sin most damaging in the guild, unfalsifiability on one side and naivety on the other, and each denying he was doing coalition work because the denial is a weapon in the work. The dispute about evidence was the mission statement. The fight over who owned the public answer to the question who governs was the deed.

Even Dahl’s late turn bends to the frame. In A Preface to Economic Democracy and On Political Equality the old man grew afraid that concentrated wealth buys political voice and hollows out the equality he had guarded, and he reached for remedies, worker ownership, rules on money, an economy reshaped to disperse power as he had once claimed politics already did. Pinsof would grant the diagnosis and bury the cure. The rich understand what they are doing. The outspent understand they are outspent. No party here labors under a confusion that a reform or a civics lesson might lift. There is a contest over the state, and the side with more resources tends to win it, and the intellectual who proposes to fix the result by spreading understanding has mistaken a contest for a misunderstanding one last time. Dahl, on this reading, spent his final decades studying the hole and sketching ladders for people who climbed down into it on purpose.

Dahl might say that pluralism already is the cynical, interest-based theory Pinsof claims to be missing in the field, that he never blamed political conflict on confusion, that he built the protection of opposition precisely because he assumed men grab and no grabber can be trusted with the keys. The charge of naive uplift fits the enlightened-understanding criterion and almost nothing else in him, and a fair reader keeps the realist Dahl and discounts the schoolmaster. Then the harder reply, the one that catches Pinsof in his own net. If every stated motive masks an actual motive, and if cynicism is icky and so the cynic must be performing too, then Pinsof’s essay is a status-enhancing, rival-derogating coalition move like any other, the savvy man signaling that he alone sees through the marks, which buys him standing among readers who prize seeing through things. Pinsof half concedes this. He says cynics correlate with assholes and that we all signal to look like sweeties, which means his cynicism is his own coin in his own marketplace. Apply the frame to its author and it levels him onto Dahl’s plane. The man who exposes the hole is selling tickets to the viewing. Both are understanding what it pays them to understand.

So the two end closer than either would like. Dahl built an institution on the premise that men pursue their interests and cannot be trusted with permanent power, which is most of what Pinsof says is true about the animal. Pinsof denies that the institution does anything but rename the fight, and Dahl might grant that the fight is permanent and answer that renaming it, channeling it, giving the loser a path back that does not run through blood, is the only honest thing a theorist can do once he admits there is no misunderstanding to fix. Protected opposition enlightens no one. It keeps the defeated alive to compete again. Read that way, Dahl arrives where Pinsof arrives, at a politics of incurable self-interest, and builds the one structure that takes the diagnosis seriously instead of promising a cure. The difference shrinks to this. Pinsof says the world does not want to be saved and stops there, having sold the insight. Dahl agreed that it could not be saved and asked, all the same, how it might be kept from devouring the losers. One studied the hole. The other, knowing it for a hole, built a railing.

The Set

Picture the milieu at its noon, somewhere around 1960. A man can drive up the hill above Stanford to the Center for Advanced Study in the Behavioral Sciences, a low ranch of studies built with Ford Foundation money in 1954, and there, on a fellowship year with no teaching and no telephone, he can sit among the people remaking the study of man. Dahl came early. So did most of the others who matter to this story. The Center was the secular cloister of a movement that believed it had at last turned politics into a science, and the movement had a homeland at Yale, a creed, a vocabulary, a roster of saints and a roster of devils, and a confidence that reads now as the confidence of men who think the future has already voted for them.

The Yale core formed around Dahl. Charles E. Lindblom (1917-2018) sat closest, the economist’s mind beside the political scientist’s, the two of them having written Politics, Economics, and Welfare and gone on to define the temper of the place, Lindblom adding the doctrine of incrementalism, the science of muddling through, the small adjusting step against the grand plan. Robert E. Lane (1917-2017) worked the political mind of the ordinary man, sitting with New Haven householders to learn how a plumber or a clerk reasons about power, and he produced the warmest evidence the pluralists had that the common citizen was no fool. Edward R. Tufte (b. 1942) came as the quantitative talent and joined Dahl on the problem of size. Harold Lasswell (1902-1978) presided from the Law School as the elder behavioral patriarch, the man who had asked who gets what, when, and how, who had married Freud to politics and dreamed of policy sciences run by trained observers, and whose presence told the young that their science had a lineage. Later the comparativists arrived, Juan Linz (1926-2013) with his anatomy of how democracies break and authoritarian regimes hold, David Apter (1924-2010) and Joseph LaPalombara (b. 1925) with the modernization of new states. And below the professors stood the students who would carry New Haven into the next generation, Nelson Polsby (1934-2007) and Raymond Wolfinger (1931-2015), trained to study who prevails in concrete decisions and dispatched to defend the master’s method against all comers.

Beyond New Haven lay the wider behavioral nation. The pluralist creed had a founding text older than Who Governs?, David B. Truman’s (1913-2003) The Governmental Process, which made the interest group the unit of American politics, and a still older ancestor in Pendleton Herring (1903-2004), who had defended the group struggle as healthy and gone on to run the Social Science Research Council. V.O. Key Jr. (1908-1963) at Harvard bridged the old study of parties and the new study of opinion and lent the movement a scholar everyone admired. The survey wing came in two houses. At Columbia, Paul Lazarsfeld (1901-1976) and Bernard Berelson (1912-1979) had turned the election into a data set, watching how voters decide and finding the two-step flow of influence. At Michigan, Angus Campbell (1910-1980), Philip Converse (1928-2014), Warren Miller (1924-1999), and Donald Stokes (1927-1997) built The American Voter and the great national surveys, and Converse delivered the finding that haunted the set, that most citizens hold no coherent belief system at all. The comparativists Gabriel Almond (1911-2002) and Sidney Verba (1932-2019) carried pluralism abroad in The Civic Culture, ranking nations by whether their people held the temperate, participant attitudes a stable democracy needs. Heinz Eulau (1915-2004) wrote the movement’s testament, a small book on the behavioral persuasion, so the troops would know what they believed. And off to the side, building a rival rigor, William H. Riker (1920-1993) at Rochester preached that mathematics and the theory of games, not the survey and the case study, were the road to a true science of politics.

A mood hung over all of it, supplied by the consensus sociologists. Seymour Martin Lipset (1922-2006) tied democracy to prosperity and a broad middle and warned that the lower orders carried an authoritarian streak. Daniel Bell (1919-2011) announced the end of ideology, the exhaustion of the old passions, the arrival of a politics of technical adjustment among reasonable men. Talcott Parsons (1902-1979) at Harvard furnished the high theory of a society that hangs together by shared values and returns to balance after every shock. The set breathed this air. It told them their country had passed beyond the age of fanatics into the age of the bargain.

What did they value. Science first, and the word carried the weight of a faith. They wanted political study to leave behind the law book and the constitution and the wise essay and become a real empirical discipline, cumulative like physics, built of testable propositions about how men behave. They prized the observable. They prized the operational definition, the one that tells you what to measure. They prized disinterest, the pose of the dispassionate observer who reports the world rather than scolds it, and they drew a bright line between fact and value and stood on the fact side of it as on higher ground. Beneath the science they valued an open society, a politics of dispersed power and moderate competition, and they believed, with the quiet conviction of men who had beaten fascism and were facing down Stalin, that American pluralism was the living answer to the century’s horrors.

Their hero system, the thing that conferred significance and a kind of durability among them, was the lasting contribution to knowledge, the concept that enters the literature and acquires a name. Dahl gave them polyarchy and the two axes. Truman gave them the group process, Converse the belief system, Almond and Verba the civic culture, Lindblom the muddling through. To coin such a thing and watch it spread through the journals was to win the only immortality a scientist’s world offers. Around the concept clustered the marks of arrival. The named chair, the Sterling Professorship that Dahl held. Election to the National Academy of Sciences, a coup that thrilled the whole movement because it ranked a student of politics among the chemists and the physicists. The presidency of the American Political Science Association, which Dahl took in the mid-sixties. The fellowship year at the Center on the hill. The school of students who carry your method into their own careers and cite you for life. These were the trophies, and the men competed for them with the seriousness of men who knew the trophies were all that survives.

The status games ran along sharp lines. The first and deepest divided the behavioralists from the traditionalists, the old guard of institutional and legal and historical scholars whom the young scientists regarded as charming antiques, pre-scientific, impressionistic, unable to test a single claim. Dahl himself wrote the movement’s victory lap, the essay calling behavioralism a successful protest that had grown into a monument, and the word protest tells you how the set saw its own rise, as the rebellion of rigor against complacency. The second game was method as caste. To command the survey, the regression, the game-theoretic proof was to hold rank, and the Michigan men, the Columbia men, the Rochester men, and the Yale decisional men each pressed the claim that their technique cut deepest. The third game was money and the gates that guard it. The Social Science Research Council ran a Committee on Political Behavior that decided which questions counted, the Ford Foundation’s behavioral program decided which projects ate, and a seat on the committee or a grant from the program conferred standing the way a benefice once did. The journals finished the order. To publish in the American Political Science Review, to found a journal like World Politics, to officer the association, marked a man as central rather than provincial. And the diction policed the whole field. Praise meant a study was rigorous, systematic, empirical, testable, operational. Contempt meant it was normative, ideological, polemical, anecdotal, soft. A young scholar learned the words the way a novice learns which fork to use, and a single charge of having smuggled in his values could cost him a season’s standing.

Under the neutral pose lay a thick bed of normative claims the set could not name in its own grammar. They held that American democracy was sound and self-correcting, that power dispersed enough to keep any faction from ruling outright, that the system was open to the patient and the organized. They held that moderation and bargaining and the small adjusting step were good and that mass passion and ideology were the enemy, and the enemy had faces, the brownshirt and the commissar, fresh in memory. From this fear came the most notorious doctrine of the set, the half-celebration of apathy. Berelson’s voting studies and Lipset’s sociology and the temper of the civic-culture project all carried a buried suggestion that a democracy runs better when not everyone storms in, that the indifference of the uninformed is a cushion against the mob, that a measure of nonparticipation keeps the system cool. They would not put it baldly. The grammar forbade preaching. But the claim was there, that the open society is safest when the wrong people stay home, and a later generation would never forgive them for it.

Their picture of the human animal, the essentialist floor, held a few fixed beams. Man is an interest-bearer, and his preferences are taken as given, the data the system exists to register rather than to question or improve. Behavior is the real evidence, what men do where you can watch them, not what a constitution says they ought to do or a philosopher says is good. The mass public is cognitively thin, holding scraps and slogans rather than reasoned positions, which Converse turned into a finding and the set turned into a reason to trust the trained few more than the untrained many. And politics is an equilibrium of forces, a balance of pressures that returns toward rest, a picture borrowed from the economics next door and the physics they envied.

The moral grammar tied it together. The supreme sin was to be unscientific, and its synonyms, normative and ideological and impressionistic, were thrown like stones. The supreme virtue was rigor, and to be called value-free was the highest compliment a man could earn. The governing drama was the protest, the young scientists as liberators throwing off a stuffy and credulous old regime, and the story flattered everyone who told it. Yet the deepest feature of the grammar was the fact-value distinction itself, because it let the set moralize while swearing it did not. A scholar could rank the nations of the earth by how closely they approached the open society, could treat dispersed power as health and concentrated passion as disease, could build a whole comparative science around a liberal ideal, and could call the entire enterprise description. The line between fact and value was the device that hid the values in plain sight, and the set leaned on it so hard that it stopped noticing the weight.

The enemies define the set as surely as the friends, because a milieu shows its face most clearly to the people who hate it. From Chicago, Leo Strauss (1899-1973) charged that a value-free science of politics was a contradiction and a danger, a study that could describe tyranny but never condemn it, and his students made the case concrete in Essays on the Scientific Study of Politics, Herbert Storing (1928-1977) and Walter Berns (1919-2015) among them, taking apart the behavioralists one by one, Dahl and Lasswell included. From Berkeley, Sheldon Wolin (1922-2015) and John Schaar (1928-2011) attacked the worship of method as the death of political wisdom and answered the Straussian volume in kind. From the left, C. Wright Mills (1916-1962) and Floyd Hunter (1912-1992) said the dispersed power the set kept finding was a fairy tale that hid a ruling class. And from inside the house came the loyal critics who would not leave but would not stay quiet, Theodore Lowi (1931-2017) charging that the group politics the set adored had curdled into the capture of the state by the organized, and Carole Pateman (b. 1940) charging that the celebration of apathy had betrayed democracy’s first promise, that the people should rule themselves. The set met all of them with the same move, the demand for evidence, the question of whether the charge could be operationalized and tested, and the move was both a real standard and a shield.

At its noon the behavioral nation believed it had done two things at once, made the study of politics a science and proved that the open society was the natural home of free men. The belief held the neutral pose over a liberal faith, and the two could not be pulled apart, because the faith chose what the science looked for and the science dressed the faith as fact. Dahl was the purest figure the set produced, the man whose careful measurement of a single city became the discipline’s proof that the ordinary man kept his standing, and the man whose late doubt, the fear that wealth might buy the voice his theory had promised was free, opened the first crack in the confidence of the whole milieu. The next generation walked through that crack and did not look back. But for one long bright season the men on the hill above Stanford thought they had settled the oldest question in the world, and they had the chairs and the prizes and the journals to prove it.

The Voice

Dahl writes like a man who distrusts eloquence and trusts a clear question. The signature gesture, the one that opens half his books, is to take a grand contested word and refuse to use it until he has said what he means by it. Democracy gets broken into criteria. Power gets a spare, almost arid definition built on one agent moving another. Polyarchy gets coined because the everyday word carries too much fog. He disaggregates before he argues. He enumerates. The five criteria of the democratic process, the institutional marks of a polyarchy, the two axes of inclusiveness and contestation, all of it comes in numbered sets, and the listing is both his method and his tic. He thinks in distinctions and he lets you watch him draw them.
The voice is judicious to the point of caution. He qualifies almost every strong claim, reaches for to some degree and more or less and approximately, and resists the absolute the way other men resist temptation. The prose enacts the theory. If full democracy is an ideal no real system reaches, then the honest writer never says a thing is achieved, only that it comes closer or falls further, and Dahl’s hedging is the grammar of that conviction. He is the opposite of the prophet. He sounds like a man weighing rather than a man announcing.
He titles by question and answers by visible steps. Who Governs? How Democratic Is the American Constitution? After the Revolution? He poses the problem, lays out the possible answers, sets a standard of evidence or logic, walks through it, and arrives at a conclusion he marks as provisional. He shows his work. Nothing is asserted that he has not tried to earn a paragraph earlier, and he tells you where the argument is still soft. The structure is almost engineered, transparent enough that a student can follow the joints, and that legibility is a democratic choice as much as a stylistic one. A man who thinks the people should rule writes so the people can read him. His late books, On Democracy above all, read like patient teaching, short chapters, plain sentences, direct address to a reader he treats as a fellow reasoner.
His rhetoric works by deflation and civility. He brings the high ideal down to the ground, the general will exposed as a myth, the Constitution audited like any other human contrivance, the ruling-elite hypothesis sent back for lack of testable evidence. He punctures, but with regret rather than relish, because he wants the ideal and refuses to pretend it has arrived. And he disarms his opponents by conceding their strongest point first. The method essays against Mills and the elite theorists open by granting what is powerful in the rival view, then answer it, so that Dahl always seems the most fair-minded man at the table. Reasonableness is his weapon and his brand. He wins by appearing to want nothing but to be careful.
The plainness is deliberate and it sets him apart from his own milieu. Set his sentences beside Parsons and the contrast is total, the one turgid with system, the other clear enough to quote to an undergraduate. Dahl belongs to the line of clear American expository prose, not the Germanic theory-speak, and the austere power definition is memorable for its bareness, not its music. He distrusts the purple line. The flatness is a creed, the dispassionate observer declining to emote.
Yet a moral earnestness leaks through the neutral surface, and it grows as he ages. Early Dahl, in A Preface to Democratic Theory and Who Governs?, carries the cool confidence of the young scientist who has caught the elite theorists in a methodological error. Late Dahl, worrying that wealth buys the voice his theory promised was free, writes plainer and warmer and more openly troubled, the sentences shorter, the address more personal, the Skagway democrat audible under the careful professor. The man who spent a career refusing to overclaim ends by claiming, quietly, that something has gone wrong, and the change in the prose is the change in the man.
By the accounts of those who knew him he spoke as he wrote, soft, courtly, mild, generous to students and to rivals, never the podium-pounder. The civility was not decoration. It was the argument continued by other means, the reasonable man making reasonableness itself the case.

The Four Questions

1. What coalition do they depend on for status and income.
2. Who do they risk angering if they speak plainly.
3. Who benefits if their framing wins.
4. What truths would cost them their position.

The coalition. Dahl drew his status and his living from four overlapping bodies, and they reinforced one another. First, the academic profession of political science, and above all the behavioral movement he led, which made him its central figure and paid him in citations, the Sterling chair, the APSA presidency, and election to the National Academy. Second, the foundation and council apparatus that built that movement, the Ford money and the Social Science Research Council’s Committee on Political Behavior, which decided what counted as a fundable question and ran the grants and fellowships that were the coin of the realm. Third, Yale and the elite-university network that housed and ranked him. Fourth, the educated liberal public that bought the textbooks, On Democracy and A Preface to Democratic Theory among them, and wanted a confident, scientific account that American democracy works. His income was salary and royalties. His status was the prestige economy of chairs, prizes, and assigned reading. Both ran through postwar liberalism.
Speaking plainly, the people he risked angering shifted across his life, and the shift is the tell. Early, plain speech cost him almost nothing, because the men he attacked were outside his coalition. To say the ruling-elite model failed the test of evidence pleased his own side and wounded only Mills, the Marxists, and the reputational school. Late, plain speech grew expensive, because the truths he reached for cut toward his own coalition. To audit the Constitution as he did in How Democratic Is the American Constitution? angered the patriotic-constitutional public and the reverers of the Founders. To argue in A Preface to Economic Democracy that concentrated wealth corrupts political equality, and to flirt with worker ownership, unsettled the corporate-liberal donor class whose self-image was the open society his science had certified, and it carried a faint socialist odor his Cold War colleagues had spent careers avoiding. He could afford the bill only because he had already banked the maximum status. A man speaks plainly from the Sterling chair more cheaply than a man speaks plainly to earn one.
If his framing wins, the chief beneficiary is the existing order. Pluralism and polyarchy say American power disperses, the system is open, and the loser of any fight can organize and win the next one, which tells the discontented to stay in the game rather than go to the barricades. The framing is reformist, not revolutionary, so it stabilizes incumbents and answers the radical charge that an elite rules by classing that charge as untestable. Cold War liberalism gains a scientific certificate that the West is the free society against the closed one. The behavioral discipline gains validation for the whole enterprise and the careers built on the decisional method. Organized interest groups gain a theory that both describes and quietly blesses their bargaining as the substance of democracy. When the framing later widens into polyarchy as a universal yardstick, the Western democracies gain the top of the ranking and the warrant for promoting their model abroad. The losers are the men who said power was concentrated, whose case the framing defines as naive. Late, when his framing turned toward economic inequality, the beneficiary turned with it, toward labor and the egalitarian left.
The truths that would cost him his position are the ones that unmake the work the position rests on, and these he conceded only in part, never in full. That his decisional method was built to find pluralism, since defining power as victory in visible fights over issues already on the agenda screens out the deepest power, the setting of the agenda and the shaping of what men want, so that New Haven looked open because his instrument could register nothing else. That Domhoff read New Haven right and Dahl mistook a mayor’s coordination of a business agenda for popular control, which would unmake Who Governs? from inside. That his value-free science carried a liberal value-load, the Straussian charge, so that he found dispersal partly because finding it paid in standing and fit his coalition’s need to believe. That the iron law might hold after all, that organized minorities always rule, which is the wager his whole life denied. He bent toward the first of these late, granting that power runs through quieter channels than open decisions. He never crossed the line, and the reason sits in the four questions taken together. He could attack the Constitution and the rich from his chair without losing the chair. He could not say the study that built the chair had answered its question by choosing in advance the only power it could see, because that sentence dissolves the chair and the man in it. The truths he could afford he spoke. The truth that would have cost him everything he approached, circled, and left standing.

Posted in America | Comments Off on Robert Dahl, from Pluralist Optimism to the Problem of Economic Power

If It Happened At All: The Hero System of David Wolpe

On a Sunday during Passover in 2001, Rabbi David Wolpe (b. 1958) stands at the bima of Sinai Temple on Wilshire Boulevard and tells a thousand people that the Exodus, the way the Bible describes it, is not the way it happened, if it happened at all. The room holds money. It holds Persian gold and Westwood real estate and the kind of quiet old wealth that arrives early and sits near the front. Some of these people drove past three Orthodox shuls to sit in a Conservative sanctuary led by the man Newsweek will later call the most influential rabbi in America. They came for him. And here he is, on the holiday that commemorates the founding miracle of the Jewish people, telling them the miracle may be a story.
The phone calls start that night. By the time Teresa Watanabe writes it up in the Los Angeles Times on April 13, the fight has spread to the Jewish papers and the Jerusalem Post and the radio. An Orthodox rabbi writes that Wolpe has chosen Aristotle (384-322 BC) over Maimonides (1138-1204). A Reform rabbi defends him by saying that arguing for the Exodus as literal history in the twenty-first century is like arguing the earth is flat. Wolpe himself says the historicity should not decide anything, because faith answers to a different court than archaeology.
Hold that word. Faith. Everyone in this fight uses it. Almost none of them means the same thing by it.
I want to read Wolpe through Ernest Becker (1924-1974), who argued in The Denial of Death (1973) that man is the animal who knows he will die and cannot live with the knowledge. So he builds a hero system. A hero system is the whole apparatus a culture supplies to let a man feel that his life counts, that he stands inside a drama larger than his body, that when he dies something of him survives the rot. Money is a hero system. Lineage is one. Scholarship, sanctity, the nation, the startup, the kill count, the bloodline, the published paper. Each tells a man what a good life looks like and what a good death looks like, and each lets him believe, for a while, that he is more than meat. The terror underneath is the same in every man. The costume on top differs in every culture, and the costumes do not recognize each other.
Wolpe’s costume is meaning. His whole career is a long argument that a man can hold faith and doubt in the same hand, that he can know what the scholars know and still stand at the grave and say words that hold. He had a brain tumor cut out of his head twice. He went through chemotherapy for lymphoma. He buried his father, Rabbi Gerald I. Wolpe, a pulpit man before him. He wrote Making Loss Matter and Why Faith Matters and The Healer of Shattered Hearts, and the titles tell you the work. The work is to make suffering carry significance instead of crushing a man flat.
So when Wolpe says faith, here is what the word carries for him. Faith is a posture toward mystery. It survives the loss of the literal. It does not require that the sea split or that a man count the years in the desert. It requires that a man live as though his life answers to something, that he act with mercy because mercy is commanded by a voice he cannot prove and will not abandon. The hero in Wolpe’s system is the man who looks at the same evidence the atheist looks at and chooses, with his eyes open, to keep the tradition alive and to find God in the choosing. The coward, in this system, comes in two forms. One refuses the evidence and clings to the literal because he cannot bear a faith that costs him certainty. The other accepts the evidence and throws the whole inheritance away because he cannot bear a faith that gives him no certainty. Wolpe stands between them and calls that standing courage. His grandfather, by the way, was a vaudeville man, half of the act Cross and Dunn. The rabbi descends from a song-and-dance man, and the pulpit, in his hands, is a place where a man performs the holding-together of things that want to fall apart.
That is the value, painted inside its own house. Now watch the same word leave the house and walk into other houses, where it means something else entirely.
Take the rationalist. Wolpe debated the New Atheists for years,

Christopher Hitchens (1949-2011), Sam Harris (b. 1967), Richard Dawkins (b. 1941), Steven Pinker (b. 1954)

. Picture the archetype these men speak for, a research neurologist who builds his life on the warrant of evidence. For this man the hero is the one who believes exactly as much as the data permit and not one inch more, who dies without the comfort of a story because the story is false and a brave man does not lie to himself at the end. In his hero system, faith names the precise vice he has organized his life against. Faith is belief held in defiance of evidence, and belief held in defiance of evidence is the thing that flies planes into buildings. So when Wolpe stands up and says faith matters, the rationalist hears a learned man defending bad epistemology in a nice voice. He is not impressed that Wolpe gave up the literal Exodus. He thinks Wolpe gave up the easy fiction to protect the harder one. “You conceded the desert,” the rationalist says, “so you could keep the voice in the burning bush. I want you to concede the voice too.” The two men use one word and stand on opposite cliffs. They do not disagree about a fact. They worship different heroes.
Now turn to the Sinai literalist. Picture a kollel man in Lakewood, a young father who learns Gemara fourteen hours a day and supports six children on a stipend and his wife’s bookkeeping. For this man faith is emunah, and emunah is trust, and the trust runs to a specific event. God spoke at Sinai. The Torah came down whole. The chain of transmission, rebbe to talmid, has not broken in three thousand years, and he is the living end of it. His whole heroism rests on standing in that line. When Wolpe says the Exodus may not have happened, the Lakewood man does not hear a brave modern faith. He hears the floor give way. If the Exodus did not happen, no one stood at Sinai, and if no one stood at Sinai, the commandments have no Author, and if the commandments have no Author, then the fourteen hours a day and the six children on a stipend are a man arranging his whole life around a rumor. He cannot let the sentence stand, not because he is closed-minded, but because the sentence, if true, dissolves the cosmos he is a hero inside of. “He thinks he is saving Judaism,” the Lakewood man says of Wolpe. “He is sawing the branch and sitting on the far end.” Same word, faith. For Wolpe it survives the loss of the event. For this man it is the event.
Now the Tehrangeles patriarch, because in 2013 Wolpe announced he would officiate same-sex weddings, and the fight that followed ran straight through the Persian Jewish families who fill his pews. Picture an Iranian-born grandfather who came out of Tehran in 1979 with gold sewn into a coat lining and built a wholesale business from a stall to a tower. For this man the load-bearing word is not faith in the rationalist’s sense and not emunah in the Lakewood sense. It is something the rationalist has no slot for at all, the honor of the house, the unbroken descent of the name, the marriage of the son to the daughter of a known family, the grandchildren who carry the line forward past the old man’s death. This is his denial of death, and it is the oldest one there is. A man does not survive the grave in the patriarch’s system by believing the right propositions. He survives through his sons’ sons. So when Wolpe blesses two men under a chuppah, the patriarch does not hear inclusion and dignity. He hears the line being cut. The very organ of his immortality, the family that continues him, the rabbi has reached into and altered. “I gave to his temple for twenty years,” the patriarch says. “I did not give so he could tell my grandson that two men is a marriage.” Wolpe believes he is enlarging the covenant of faith. The patriarch believes Wolpe is severing the cord that ties a man to the future. They share a building. They do not share a hero system.
Now the pagan, because on Christmas Day 2023 Wolpe published “The Return of the Pagans” in The Atlantic and argued that the trouble with the modern West, on the Trumpist right and the woke left alike, is a return to paganism, to the worship of force and self and immanent power. The pagans wrote back. They pointed out that the man had not met any of them, that he was fighting a paganism out of old books, that monotheism has held the cultural throne for two thousand years and can hardly blame its troubles on the gods it dethroned. And underneath the squabble sits a collision of hero systems. For the contemporary Heathen or witch, the sacred is not above the world. The sacred is in the world, in the oak and the river and the body and the many powers that move through matter. There is no single transcendent Author issuing commands from outside the cosmos. There are presences, plural, encountered rather than believed. Faith is not even the right instrument here. You do not have faith in the river. You attend to it. So Wolpe’s God, the one transcendent singular voice that empties the grove of its spirits and the body of its sanctity, looks to the pagan like the original act of disenchantment, the imperial flattening of a living plural world into one jealous abstraction. Wolpe sees paganism as the worship of power without conscience. The pagan sees monotheism as the conscience that conquered every local holiness and called the conquest light. The word sacred sits between them, and it points up for one man and down and outward for the other.
Now one more. Take the longevity man, the Bay Area founder who has read his Kurzweil and takes rapamycin and tracks his sleep and believes, as a working assumption, that aging is an engineering problem and death is a bug awaiting a patch. He is the purest anti-Wolpe a culture can produce, and not because he is irreligious. He is the most religious man in the room. His hero system says the hero defeats death, full stop, not symbolically through children or covenant or the survival of meaning, but actually, in the body, by not dying. Becker would recognize him instantly as the death-denier who has dropped the symbol and gone for the thing. Faith, to this man, is the consolation prize losers accept because they could not solve the problem. Wolpe makes loss carry meaning. The longevity man intends to abolish loss. Wolpe’s brain tumor, in this frame, is not an occasion for faith. It is a malfunction that better tools will one day prevent. The two men look at the same skull beneath the same skin. One says, learn to make peace with it and find God in the peace. The other says, we are going to fix it, and your peace is surrender. There is no word they can share, because Wolpe’s whole vocabulary assumes the limit the founder has sworn to erase.
Five men, then, around one rabbi. The rationalist, the Lakewood father, the Tehrangeles patriarch, the pagan, the longevity founder. Hand each of them Wolpe’s Passover sentence, the way the Bible describes the Exodus is not the way it happened, if it happened at all, and watch it land five different ways. The rationalist thinks Wolpe stopped one concession short of honesty. The Lakewood man thinks Wolpe has knocked out the foundation and called it renovation. The patriarch barely cares about the Exodus and cares enormously about the wedding, because his immortality runs through the family and not through the text. The pagan thinks the whole quarrel takes place inside a monotheist’s house and wants the windows opened. The founder thinks the argument is a beautiful antique and intends to outlive all of them. None of them is stupid. None is acting in bad faith. Each defends the system that lets him feel his life counts and his death is survivable, and the systems do not translate.
This is the use of reading Wolpe through Becker. The temptation, when a man like Wolpe fights on five fronts, is to score the fights, to decide whether the Exodus happened and whether the wedding was right and whether the pagans had him dead to rights. That argument runs forever and persuades no one, because the parties are not weighing the same evidence on the same scale. They are standing inside different answers to the one question every man carries and few men name. How does a creature who knows he will die go on as though it counts. Wolpe’s answer is meaning, held against the evidence with open eyes, the tradition kept alive by a man brave enough to doubt it and stay. It is a real answer and a hard one, and it costs him the literalists on one side and the rationalists on the other and the patriarchs in his own pews. He spent twenty-six years at Sinai Temple selling a faith for people who could no longer believe and could not bear to leave, and that is a narrow ledge to build a temple on, and he filled it.
The brothers tell you something too. Paul Root Wolpe (b. 1957) became a bioethicist, the man who sits at the edge of medicine and asks what the new tools do to the old meanings. One Wolpe brother guards meaning against the erosion of belief. Another stands watch where the longevity founder’s tools meet the body and asks what we lose when we win. The same family, two posts on the same wall, both manning the line between what a man can now do and what a man can still bear.
Wolpe leans vegetarian, close to vegan, and serves on a rabbinic council for it, and even this fits. A man who has made his life’s work the widening of the circle of mercy, who reads the tradition as a long argument for compassion that has not finished arguing, declines to draw the circle at his own species. The same impulse that blesses the two men under the chuppah declines the lamb. His critics call it the dissolving of boundaries. He calls it the tradition catching up to its own best instinct. They are both describing the same act. They disagree about whether a widening circle is faith arriving or faith leaking out, and that disagreement, once again, is not about a fact. It is about which hero a man has decided to be.
Imagine all five of them at the funeral, then, the day they bury the rabbi. The rationalist thinks the prayers are lovely and false. The Lakewood man thinks the prayers are true and the man who said them spent his life undermining them. The patriarch counts the grandchildren and is satisfied or is not. The pagan listens for the many voices and hears only the one. The founder thinks the whole thing premature and preventable. And Wolpe, who is past arguing now, has already given his answer, in the books and the sermons and the twenty-six years. The sea may not have split. He stood at the shore anyway and told the people to walk, and a great many of them walked, and that, in his system, is what a man does with the time before the water closes over.

Posted in R. David Wolpe | Comments Off on If It Happened At All: The Hero System of David Wolpe

Dark Idealism

David Pinsof writes:

RightTalkism. The idea that making the world a better place means changing how people talk. Just make people say the right things and all our problems will be solved. (HT Robin Hanson).

Dark morality. When morality—the heartfelt conviction that we are doing the right thing—fuels tribalism, dishonesty, bullying, censorship, hatred, terrorism, and genocide.

Dark idealism. When idealism—the heartfelt conviction that we are pure and noble and benevolent—fuels dark morality, by blinding us to our biases and making those who don’t share our ideals seem evil or subhuman.

A community tells a particular story about its own worst episodes. The man who molested children in the cheder and was moved quietly to another town was a single sick soul, an aberration the system failed to catch. The rabbis who signed the ban against a good man, the neighbors who crossed the street, the family that sat shiva for the daughter who married out, all of these were good people whose judgment lapsed, or whose fear got the better of their values, or who were misled by a few bad actors near the top. The account treats the cruelty as a failure of the ideal, a place where holiness was betrayed by the weakness of the men who carried it. Pinsof’s analysis of sacred ideology proposes something harder to absorb, which is that the cruelty is the conviction at work.

Pinsof gives two names to the engine. Dark morality is the heartfelt sense of doing right that drives bullying, censorship, shunning, and concealment. Dark idealism is the companion sense of one’s own purity and benevolence that blinds a man to his bias and recodes the men outside his ideal as corrupt or dangerous. The two run together. In his account of sacred ideology, a group cannot pursue dominance over rivals or guard its own standing in the plain language of interest, because a naked grab draws the negative inferences any onlooker, and any member, are built to draw. The group needs a moral pretext, and the pretext works only while the men inside believe it. The sincerity is not decoration on the dominance. The sincerity is the load-bearing wall. Propaganda that its own maker sees through fails. A cover-up that the protector experiences as a cover-up cannot hold. The conviction has to be real, and because it is real, it does the harshest work with a clean conscience.

The clearest institutional shape this takes in Jewish life is the cherem, the ban. When the Amsterdam community cast out Baruch Spinoza (1632-1677) in 1656, and when the Vilna Gaon (Elijah ben Solomon Zalman, 1720-1797) and the mitnagdim placed the early Hasidim under ban a century later, the signatories did not understand themselves to be crushing dissent for the sake of their own authority. They understood themselves to be guarding the truth against a contamination that threatened every soul exposed to it. The same shape recurs in the present. When a circle of charedi authorities banned the books of a writer who had argued that the universe might be billions of years old and that the sages of the Talmud had erred in matters of natural science, the signatories framed the act as a defense of emunah against heresy, and many of them, by the common report, had not read the pages they condemned. Pinsof cites the finding that censorship feels acceptable to people in proportion as the censored ideas seem harmful. The ban is not experienced from inside as suppression. It is experienced as protection, and the man who lowers the gate feels the gratitude of a guardian.

What gives the conviction its reach is a vocabulary that converts the critic into a criminal before any argument begins. The apikoros has placed himself outside the circle of those whose objections deserve a hearing. The moser, the informer who carries a Jew’s wrongdoing to gentile authority, has committed a sin the tradition ranks among the gravest. The rodef, the pursuer, may be stopped by any means, including his death. Each of these categories had a defensible origin in a world where Jewish communities lived at the mercy of hostile powers and where an informer might bring collective punishment down on everyone. The categories survive into a world where the threat has changed, and in the survival they become the instruments by which a community recodes the man who exposes its sins as the man committing the sin. Pinsof’s account of the self-reinforcing sacred value predicts the move. Any attempt to name the protective logic as self-interest reads, to the people inside, as a cue of the namer’s own corruption, his disloyalty, his hatred of his own people, so that the act of exposure becomes the strongest evidence against the one who exposes.

The starkest case in living memory is the killing of Yitzhak Rabin (1922-1995). Through 1995 the words rodef and moser moved out of the study hall and into the pamphlets handed out at synagogues, as religious opponents of the Oslo accords debated whether a prime minister who ceded land and endangered Jewish lives fell under the law of the pursuer. The debate was not confined to obscure militants. By documented accounts, rabbis of standing took part, and a body of Orthodox rabbis in the United States is reported to have signed a declaration applying the category to Rabin. Yigal Amir (b. 1970), the law student who shot him, did not present himself as a murderer overcome by hatred. He presented himself as a man discharging an obligation, and he told his interrogators and the court that once a matter carries the status of a halachic ruling the moral question has been settled. The Israeli court called this a cynical misuse of the law, which is the comfortable reading, the reading that locates the evil in a bad actor twisting a good tradition. The harder reading, the one the frame presses, takes Amir at his word about his own sincerity, and finds in that sincerity the very thing that made the act possible. A man who knew he was committing murder might have flinched. A man who knew he was performing a mitzvah did not.

The same engine drives the protection of the institution over the person it harms. When a yeshiva learns that one of its rebbeim has abused a child, the logic that counsels silence does not present as a calculation of reputational risk, though that is what it is. It presents as the avoidance of chillul Hashem, the desecration of the divine name that follows when the failings of the observant are aired before a watching world, and as the defense of a place that does holy work, the transmission of Torah to the next generation, against an exposure that might cripple it and hand a weapon to its enemies. The institution carries the sacred work, so a threat to the institution reads as a threat to the sacred work, so the child’s claim is weighed against the survival of something the community holds holy and found lighter. This is dark idealism in its purest operation. The conviction of the institution’s purity does not merely permit the subordination of the victim. It requires it, and it lets the men who arrange the transfer and the silence feel themselves the protectors of something precious rather than the accomplices of a predator.

The reporting of abuse has been the subject of sustained halachic argument, and the argument has moved. The mainstream charedi position, associated with the ruling of Rav Yosef Shalom Elyashiv (1910-2012) and adopted by Agudath Israel of America, holds that where there is raglayim ladavar, reasonable ground to believe a child has been harmed, reporting to the civil authorities is not only permitted but required, and that the concern of mesirah does not bar it. The same position adds that the individual should bring the facts to a rabbi competent in both the law and the realities of abuse before he reports, and it is here that the argument turns sharp. Critics within Orthodoxy, among them Rabbi Yosef Blau of Yeshiva University and the advocates who emerged from the abuse cases themselves, contend that the requirement to consult first delays the report, deters the frightened, and in practice shields the accused, and that a rabbi without training has no standing to weigh the question at all. The Modern Orthodox and Religious Zionist worlds have moved further toward direct reporting. The disagreement is real, it is internal, and it is the place where the community argues with its own protective reflex.

The structure described here is human and universal. Pinsof draws his examples from the rhetoric of conquest dressed as denazification, from the doctrine of manifest destiny, from the ritual sacrifice that stratified ancient societies, and he locates the engine in the cognitive equipment shared by the species. Every group that carries a sacred ideology, every church and party and movement and nation that does holy work in its own telling, runs the same operation when a threat appears, cloaks its dominance and its self-protection in the language of virtue, and recodes its internal critics as enemies of the good. The Catholic dioceses that moved abusive priests from parish to parish reasoned about scandal to the faith in language a charedi askan knows well. The danger does not live in any group.

The shunning, the ban, the rodef ruling, and the quiet transfer of the predator are not the places where the sacred conviction failed. They are the places where it operated without obstruction. The comfortable account, the one that assigns the harm to a few corrupt men and leaves the ideal unstained, is the account under which the harm recurs, because it sends the community looking for bad apples and forbids it to look at the barrel. The uncomfortable account is the one that lets a community guard against its own certainty, a rule that the report goes to the police and not first to the rav, a refusal to let the holiness of the work decide the fate of the child, a suspicion trained on the moment when righteousness feels most certain. Truth over comfort is not a slogan here. It is the difference between a community that can protect a child from its own conviction and one that cannot.

Posted in Abuse, Orthodoxy | Comments Off on Dark Idealism

Refusal of Status is Status

They offer the old man the amud. It is the yahrzeit of his rebbe and the honor is his by right, and the gabbai gestures toward the front. He shakes his head. No, no, give it to someone else. The gabbai presses. The men near him murmur that he should go up. He waves it off again, a hand raised, his eyes down. A third time they press, and now he rises, slow, as though the weight of it has been set on his shoulders against his will, and he walks to the front and leads the davening he wanted to lead from the moment he woke. Everyone saw the refusal. The refusal was the price of the seat.

David Pinsof calls this anti-status. It is the standing you draw from looking as though you want none. The trick sits one level above ordinary signaling and runs on the same logic. To want honor is low. To be seen wanting it is lower. So the surest way up is to perform the not-wanting, and the community reads the performance and pays out the honor the man pretended to decline.

The move sorts men into three tiers. The poor man cannot signal at all. The striver signals hard, buys the new Borsalino, piles the chumras, drops the sharp Tosafos to be heard dropping it. The man at the top does the opposite. He countersignals. His hat has gone soft and green at the fold, the black faded to the color of an old chalkboard, and he has worn it twenty years because he stopped thinking about hats long ago. The worn hat says he sits above the whole question, has bigger concerns, looks at no mirror. That is the highest thing a hat can say, and only the man who has already won can afford to say it. The striver’s new brim and the gadol’s rotten one carry opposite messages, and the rotten one ranks higher.

Out of this single move the frum world has built a whole prestige economy. Anava, humility, is the crown of the middos, and the stories that make a man great are always stories of his smallness. He refused the position. He gave the money away the day it came in. He would not let them put his name on the building. He fled the city when they came to make him rav. Open any gadol biography and count the refusals, because the refusals are the engine. The proof of his greatness is the list of honors he turned down, and the longer the list the larger the man. The rebbe must be begged three times before he takes the chair. Grab the honor and you forfeit it. Flee it well and it chases you down.

Here the ground turns soft, because anti-status is the easiest currency to counterfeit and the hardest to check. Anyone can lower his eyes. Anyone can let a hat rot or wave off a compliment. The pose is free, so the pose floods the market, and the market learns to read it. The lowered eyes start to look studied. The waved-off honor starts to look fished for. The mussar masters named the man caught at it, gaavah she’b’anavah, the pride inside the humility, the one who is proud of how humble he is, and the phrase is a knife. Once the community can name false humility, the humble pose slides from a signal of greatness into a cue of vanity, and the man who worked so hard to look like he wanted nothing looks like he wanted it most.

So the move goes a level deeper, the way Pinsof says these games always go. If visible humility reads as performed, then real greatness must not even look humble. It must look like nothing. It must look like a man who is not running the calculation at all. The tradition, having built the trap, builds the exit. It redefines humility so that the performance disqualifies. Moshe is called the most humble man who ever lived and is at the same moment the greatest, and the puzzle of how the highest can be the lowliest dissolves only when humility stops meaning a low opinion of yourself and starts meaning the absence of the self that holds the opinion. Not thinking less of yourself. Thinking of yourself less, until no self stands there to seek the honor. Bittul. Self-forgetting. The man who has stopped watching himself.

Pinsof’s account catches what the tradition has done. It has named the one signal no man can fake. Unselfconsciousness is the only humility the arms race cannot reach, because the instant you perform it you are watching yourself perform it and you have already lost it. The signal works only while it is not a signal, which is the whole shape of the thing. And the tradition sets this unreachable state at the summit and calls it its holiest figure. The tzaddik nistar, the hidden righteous man, the lamed-vavnik, holds up the world and does not know he does it. He looks like a water carrier, a cobbler, a plain Jew who comes late and leaves early. He could not seek honor if he wanted to, because the seeking would wake the self the role forbids. The legend counts him at thirty-six, which is the tradition confessing how few men ever stop watching themselves.

The legend pays a dividend to everyone below it. Once the highest holiness might look like a water carrier, every water carrier carries a premium. The plain man at the back of the shul might be the great one. So plainness draws a speculative bid, the man who looks like nothing gets read as possibly everything, and the safest path to being suspected of greatness is to show none. Looking like a nobody becomes the deepest move available.

The chassidish world runs the same engine from the other side and lands in the same place. The rebbe can sit in splendor, the tish laid out, the court around him, the silver and the crowd, and the teaching he gives from the splendor is bittul, the self as nothing, the rebbe a channel with nothing of his own. The grandeur and the self-erasure ride together and neither cancels the other. At the far edge stands the Kotzker, Menachem Mendel of Kotzk (1787-1859), who took the refusal as far as a man can take it and locked himself behind a door for the last twenty years of his life, seeing almost no one, wanting nothing the world could hand him. The withdrawal made him the most magnetic figure of his age. The man who refused to be seen became the one everyone strained to see. The refusal, carried to its end, is still the move.

None of this costs me anything to say, which is the strange mercy of the subject. I am describing an ideal the community holds up and praises, the flight from honor, the smallness of the great, the hidden tzaddik who wants nothing. The tradition built a prestige economy out of the refusal of prestige, named the counterfeits, drove the game down to unselfconsciousness, and set its holiest man past the reach of any performance, all on purpose, all in plain sight. The only man who escapes the game is the one who does not know a game is on. Everyone else flees the honor and listens, while he flees, for the footsteps of the honor coming up behind.

Posted in Status | Comments Off on Refusal of Status is Status

Learning for its Own Sake

A shadchan calls a rosh yeshiva about a bochur. She asks the one question the call exists to ask. What is he like in learning. The rosh yeshiva answers in the code everyone reads. He is a masmid. He has a good head. He sits and learns. He is among the better boys in the chaburah. Each phrase is a number, and the shadchan writes the number down, and the number sets the boy’s worth on the market, the size of the support his father-in-law will pledge, the apartment, the years in kollel. No one in the conversation says the word rank. The conversation is about nothing but rank.

David Pinsof has a name for the thing that lets this happen without anyone feeling soiled by it. He calls it a sacred value. A sacred value, in his account, is a cover story that keeps a status game from collapsing once the players catch themselves playing it. The story insists that the competition is about something high and selfless, honor, holiness, wisdom, the love of the thing for its own sake. The yeshiva world holds the purest example anyone has built. Torah lishmah, learning for its own sake, with no eye on the reward.

Pinsof writes:

Status game collapse. When players of a status game gain common knowledge that they’re playing a status game. They suddenly see each other as vain, insecure, or self-absorbed, which sends them scrambling to play a different status game. This is one of the engines of cultural evolution.

Sacred value. A cover story for status-seeking designed to prevent a status game from collapsing. We deny we’re seeking dominance or superiority and instead pretend that we’re seeking honor, wisdom, beauty, authenticity, self-actualization, equality, morality, or the betterment of humankind.

Darwinian cynicism. The view that everyone’s basic desires are products of natural selection. This is cynical because evolution cannot favor a basic desire to make the world a better place—only the desire to help ourselves, our families, or our tribes.

Lishmah does the work David Pinsof assigns to a sacred value. He argues that the value should sit as far from status as a thing can sit, while it tracks real status acquisition step for step underneath. Lishmah says learning has nothing to do with standing. You learn for Him. The reward of the mitzvah is the mitzvah. A man who learns for honor has missed the point so badly that the tradition warns he might have done better not to learn. And underneath that teaching the yeshiva ranks its men by the same learning, finely and without rest. The illui at the top. The masmid who sits sixteen hours. The lamdan who builds a sharp sevara. The baki who holds the most ground. The boy the rosh yeshiva calls on when the hard Tosafos comes up. The order is exact and every man knows where he stands in it, and the sacred value says the order is not there.

That gap is the cover story working. Strip lishmah away and look at the same room. Young men compete for years for prestige, for the best shidduch, for a stipend, for a chair, for the right to be called a talmid chacham. Name it that way and the room turns ugly, a tournament of vanity dressed in black. Lishmah saves the room. It tells the men, and tells the world, that the striving is devotion and the ranking a trick of the eye. The behavior that reads as careerism in a law firm reads as avodas Hashem in the beis medrash, and the thing that flips the reading is the cover story.

Sacred values borrow their plausibility from real ones. Men do love Torah. The lishmah experience is real. There are men who sit and learn with no thought of the shadchan’s call, who would learn alone on a desert island, who taste the sweetness the seforim promise. The sacred value lives off these men. Because real lishmah exists, the claim of lishmah stays believable, and the believable claim covers the thousand men whose learning follows the market close. The system needs its handful of true masmidim the way a currency needs a little gold in a vault while most of the bills are paper.

Pinsof argues that a status trait gets the heaviest cover where it is hard to verify from outside, easy to fake, and shameful to chase. Learning fits all three. You cannot see into a man’s head. The fluent fake and the deep lamdan sound alike across a crowded room. And a holy community punishes the visible striver hard. Wealth needs less cover, which is why the gvir can let his name go up on the wall while the talmid chacham must look as though the honor pains him. The currency that is easiest to counterfeit and most shameful to want is the one that needs lishmah most.

So much for the steady state. Now the exit.

Pinsof calls the other half of the pair status game collapse. A status game collapses when the players gain common knowledge that a status game is what they are in. The cover story fails. The men who looked devoted look like climbers. The hierarchy turns over. The one who stepped on others to reach the top looks worst, because the higher his rank the more he must have wanted it, and wanting it is the sin the sacred value forbids. The man who left learning to drive a truck and feed his children, who sat at the bottom, looks honest. Top sinks, bottom rises.

For most men this never comes. The cover holds for life. For some it comes all at once, and the frum name for it is going off the derech. The trigger is common knowledge breaking in. He reads the exposé. He watches a gadol shield an institution and sees what the shielding protects. He notices that the ben Torah learning all day is carried by a wife worked to the bone and in-laws past the edge of ruin, and the arithmetic he was taught not to do gets done. He marries the top bochur the system priced so high and finds a man who can hold a Tosafos and not a marriage. The spell breaks in an hour and does not return. Once a man sees the ledger he cannot unsee it, and the seforim that sang to him last year read as the prospectus of a fund he no longer trusts.

Then he does what Pinsof predicts. He leaves and scrambles into another game where defying the first one pays. The off-the-derech memoir is the clean case. A man writes the book, Shulem Deen’s All Who Go Do Not Return, Deborah Feldman’s Unorthodox, and the secular literary world the yeshiva taught him to pity hands him the standing the yeshiva pulled back. He gains status now by the same act, the leaving, that cost him status there. The collapsed game inverts for him alone. Where he stood near the bottom, unable to win at iyun, he stands now as a witness, brave, free. Acting against the dead game is the new game’s winning move.

Not everyone leaves the community. Most who feel the cover slip stay and switch games inside it, which Pinsof also predicts. The man who cannot win at sharp learning reframes. He becomes a baal chesed, a gabbai of the tzedakah, a man known for hachnasas orchim, and chesed is a currency the lamdan cannot corner. Or he goes the way of the gvir and buys the standing the learning never gave him, the dinner honoree, the wing with his name on it. Or he claims emunah peshuta, simple faith, the plain Jew who has no need of pilpul, and the claim of not playing the learning game becomes its own quiet bid for honor, the move that wins by looking like no move. Or he crosses from yeshivish to chassidish, or to Modern Orthodox, trading a game he loses for one he might win. The community keeps him. He has changed only which sacred value he serves.

The cover story guards the exit against spread. Pinsof notes that any attempt to call the sacred value a status game reads, to the men inside, as a cue of the caller’s own low standing. He is bitter. He could not hack it. He is an apikoros with a grievance. The reading is sometimes wrong and often right enough to stick, since the man with the most reason to expose the game is the man losing it. So the one who names the ledger is dismissed by the name he earns for naming it, and common knowledge stays caught at the level of the single man. The spell breaks for him and seals behind him. This is why the pair holds. The sacred value runs the steady state, the collapse opens the exit, and the sacred value guards the exit so that one man’s collapse never becomes the room’s.

What saves lishmah from contempt is that the high thing is true. A man can learn for the love of it. Some do. The trouble is that the community needs them less for their learning than for their sincerity, which it spends as cover for everyone else, and the man who wakes up has woken to that, that the system needed him not to notice the ledger it kept on him in a language he was taught was prayer. Steady state and exit, the cover and the broken spell, one machine with two settings. Most men live their whole lives on the first. A few find the second, and pay for it, and a smaller few get paid.

Posted in Torah | Comments Off on Learning for its Own Sake

Try That in a Small Town

A man stands on the steps of the Maury County courthouse in Columbia, Tennessee, and sings a warning. Behind him the building holds two centuries of the town’s law. In 1927 a mob took Henry Choate (accused a raping a 16yo girl) from a cell inside that same building and hanged him from the second-floor balcony. Jason Aldean (b. 1977) did not know this when his director picked the spot. He said later he liked it because it sat five minutes from his home and was where he went each year to get his car tags. The not-knowing belongs to the song. A man can stand on holy ground and not read what blood made it holy.

Ernest Becker (1924-1974) gives the frame for what the man on the steps is doing. In The Denial of Death and Escape from Evil Becker argues that man alone among the animals knows he dies, and that he cannot live inside that knowledge, so every culture builds a screen against it. Becker calls the screen a hero system. A hero system tells a man what a life well spent looks like, what earns him a place that death cannot cancel, and who threatens that place. It answers the one question that presses on a creature who knows his end. How do I count, and how do I last.

The small town in the song is a complete hero system. It offers a man continuance. The same families hold the same land. The square keeps its shape. The church keeps its dead in a yard where the names repeat down the stones, and a boy can find his own surname there and know the ground will keep his. A man in such a town earns significance the oldest way, by being known. He cannot act unseen, and he cannot vanish unmourned. The town watches him into the grave and then tends the grave. Against the terror Becker describes, of erasure, of a death the world does not notice, the small town makes a promise the city cannot make. You will not disappear here.

The song carries three sacred objects, and each one reads as policy to outsiders and as relic to the man inside.

There is the inherited gun. The verse about not surrendering it runs hotter than any argument about crime statistics might explain, and Becker tells us why. The grandfather’s gun is a symbol of permanence handed down through hands. It says the line holds, the name holds, the dead grandfather still stands guard through the grandson. To take the gun is to cut the cord to the dead. A man argues about a tool. He does not argue about a relic. He guards it.

There is the flag, and the burning of it offends in a way that property damage does not, because the flag is the town’s claim to outlast its members written large across the nation. Burn it and you tell the man his immortality vehicle is cloth.

And there is the threat at the center, the line that gives the song its title and its menace. Try that here. Becker says every hero system draws a boundary between the sacred inside and the profaned outside, and stations the hero at the line. The threat is the liturgy of that line. It names the boundary more than it names any act. It announces that here, unlike there, a man is watched, owed, and remembered, and so a stranger who comes to break the order will find the order has hands. The city in the song is the place where a man knocks down an old woman, melts into a crowd that never learned his name, and is gone. The threat promises the singer’s deepest horror, the vanishing, comes to no one here, for good or for ill.

Now take a single word from the song and run it through other hero systems, and watch it fill with different blood each time.

Take neighbor. Aldean answered the racism charge by saying the song meant the home he grew up in, where people took care of each other across every difference, because they were neighbors and that came first. He meant it. For the man inside the small-town hero system, a neighbor is the one down the road who brings his truck when the barn burns and his gun when the trouble comes. Proximity and permanence make the bond. You owe him because he is near, and will stay near, and his children will know your children.

A Trappist monk at a monastery in Kentucky uses the same word and means almost the reverse. For him the neighbor is any man at all, the stranger most of all, because Christ hides in the one you do not know, and the duty rises with the distance, not with the nearness. He keeps no gun for the man down the road. He keeps a cell and a vow and prays for the men who will never learn his name. His hero system promises continuance through eternity rather than through a tended grave, and so it can let the body go in a way the small town cannot.

A founder in San Francisco says neighbor and the word has thinned to a contact, a node in a network worth growing. The warmth has migrated to the word community, which now names a customer list and a brand. His immortality vehicle is the company that might scale past his lifetime and the wealth that might buy his name onto a building. Proximity earns him nothing. He has never met the people below him in the same tower.

A Lakota man on the Pine Ridge reservation hears neighbor and reaches past it to a word his hero system puts at the center, the relative, the web of kin and land that holds a man and that the reservation both preserves and mocks. His sacred ground was taken and his dead lie under it, and the small-town promise, that the land will keep your name, reads to him as the boast of the men who broke that promise to his grandfather.

Take the policeman, since that is where the song split the country. In the chorus the patrol car is the near edge of the sacred order, driven by a man who went to the same high school, who knows whose boy is whose, who is less the state than the town wearing a badge. Safe, in this hero system, means the cousin in the cruiser knows the troublemaker by sight. For a mother in the Cedar-Riverside towers of Minneapolis who carried her children out of Mogadishu, the uniform reads the other way. The man in it might be the last face her nephew saw. Safe, for her, means the cruiser does not slow down. The blue light blesses one hero system and threatens another. Neither woman nor singer is confused about the word safe. Each means it with full weight. The word sits inside a different account of where the death comes from.

Take fight. A Marine home from Helmand hears the line and feels the pull, then fills it with his own meaning. A fight has rules of engagement, runs through a chain of command, and is waged for the man on his left more than for any flag, and the flag he served means something heavier and more bruised to him than to the man who has only saluted it. A shop steward on the Glasgow docks hears try that here and thinks of the picket line, where the boundary guards solidarity rather than property, and the fight is the strike. A widow in a Sicilian hill town hears it and thinks of the vendetta, where the thing kept clean is the family name, paid for in blood across three generations, and where the law of the carabinieri is the outsider’s law, not hers. Each of them might sing the chorus and mean a war the others would not recognize.

In Escape from Evil Becker argues that man does not only build a screen against death. He also tries to scrub evil out of the world, and the scrubbing makes more evil, because the readiest way to feel clean is to find a creature to load the dirt onto and drive him out. The town that hanged accused rapist Henry Choate in 1927 was running that rite. It cast a Black teenager as the carrier of its terror and killed him to feel whole and safe and lasting. The courthouse held the judge’s law and the mob’s law in one set of walls, because both are a town keeping itself clean, and the town did not always feel where the one ended and the other began.

Turn the frame on the men who rose against the song. A Princeton historian, Kevin Kruse (b. 1972), wrote that the song calls for people who are not the law to deal out violence against people who broke no law, and that this is not order at all but its opposite. A writer at NPR traced the long line of country songs that paint the city as the home of crime and color and the country as the home of peace and Whiteness. A Tennessee legislator, Justin Jones (b. 1995), called it a vile racist song. These men keep a sacred order too. Theirs is the lawful, procedural, multiracial republic, and its profanation is the lynching ghost, the sundown town, the mob on the courthouse steps. They station themselves at the boundary of that republic. They name a carrier of the evil and move to drive him out, and this time the carrier is Aldean. When CMT pulled the video four days in, the network ran the old pattern with new tools, and the inner promise held steady. Remove the unclean thing and the order stands.

What the frame shows is the shared inner motion under acts of wildly different weight, the certainty on each side that it guards the human thing against the barbarian, and the need on each side for a carrier to expel. The worst fights in history run between two parties each sure it defends civilization. That certainty, more than malice, does the killing.

The man on the courthouse steps and the men at their keyboards both believe they hold the line for the species, and both are right that something real is being defended. The small town defends a grave that will be tended and a name that will not be lost. The republic defends a law that the strong cannot bend against the weak. Each is a screen against the same dark, and each calls the other the dark.

Aldean told a radio show the courthouse was a matter of convenience, and told CBS he does not run a hundred years of background on a place before he films there, and that in the South a man might struggle to find an old courthouse with no racial blood in its past. He stood on the spot where a town once kept itself clean by killing a boy charged with rape, and he sang about a town keeping itself clean, and he did not know. Most men do not know what their ground is made of.

Posted in America | Comments Off on Try That in a Small Town