Legal Writing Quotes

We've searched our database for all the quotes and captions related to Legal Writing. Here they are! All 100 of them:

NO reader has ANY obligation to an author, whether it be to leave a review or to write a "constructive" one. I put out a product. You are consumers of that product. Since when does that mean you have to kiss my ass? Hey, I like Pop-Tarts and eat them a few times a year; since when does that mean I'm obligated to support Kellogg's in any way except legally purchasing the Pop-Tarts before I eat them? I wasn't aware that purchasing and consuming a product meant I was under some sort of fucking thrall in which I'm only allowed to either praise the Pop-Tart (which to be honest isn't hard, especially the S'mores flavor) or, if I am going to criticize a flavor, offer a specific and detailed analysis as to why, phrased in as inoffensive and gentle a manner as possible so as not to upset the gentle people at Kellogg's." [Something in the Water? (blog post; January 9, 2012)]
Stacia Kane
The snake you don’t kill today may kill you tomorrow.
J.K. Franko (Killing Johnny Miracle)
Fine architecture is man’s tribute to the land it has been built on. So are the untouched, pristine lands he preserves for posterity.
Tom Baldwin (Macom Farm)
It may not be easy, in every possible case, to trace the line of separation between the rights of religion and the Civil authority with such distinctness as to avoid collisions and doubts on unessential points. The tendency to usurpation on one side or the other, or to a corrupting coalition or alliance between them, will be best guarded agst. by an entire abstinence of the Govt. from interference in any way whatsoever, beyond the necessity of preserving public order, and protecting each sect agst. trespasses on its legal rights by others. [Letter to the Reverend Jasper Adams, January 1, 1832]
James Madison (Letters and Other Writings of James Madison Volume 3)
When compared with what I have in mind for it, your property is blighted, dangerous, deteriorated, infectious, unhealthy, substandard, crime-infested, and irreparable. Once I have proven that, I will move in, and you will be moved away. You must leave so I can thrive.
Tom Baldwin (Macom Farm)
Immediately after that fate-filled evening in May, the phone booth in its entirety had been confiscated by the Homicide Unit as embodying significant criminal evidence of murder. More accurately, though, the booth was like an envelope encapsulating the entire crime scene, including splattered skull fragments.
Tom Baldwin (Macom Farm)
When people can get away with crimes just because they are wealthy or have the right connections, the scales are tipped against fairness and equality. The weight of corruption then becomes so heavy that it creates a dent that forces the world to become slanted, so much so — that justice just slips off.
Suzy Kassem (Rise Up and Salute the Sun: The Writings of Suzy Kassem)
I spend the rest of the night doing schoolwork. After striking a match and lighting a candal, I sit down at my desk with my quill pen and parchment to write an essay for my ethics class on the legalities of fan fiction.
Fanny Merkin (Fifty Shames of Earl Grey)
The great bulk of the legal voters of the South were men who owned no slaves; their homes were generally in the hills and poor country; their facilities for educating their children, even up to the point of reading and writing, were very limited; their interest in the contest was very meagre--what there was, if they had been capable of seeing it, was with the North; they too needed emancipation. Under the old regime they were looked down upon by those who controlled all the affairs in the interest of slave-owners, as poor white trash who were allowed the ballot so long as they cast it according to direction.
Ulysses S. Grant
The renaissance of Zack Blake at Renaissance Center, what a story! Maybe Mitch Albom will write a column.
Mark M. Bello (Betrayal of Faith (Zachary Blake Legal Thriller, #1))
Day had gotten a little nervous during one session when the doctor asked God how he would handle someone hurting Day now and his lover responded by jerking one side of his leather coat open and pulling his long blade from its sheathe. “Easy, I’d cut their fucking arm off and beat the shit out of them with it,” he’d said. But Day quickly started laughing and told the concerned doctor that his partner was just playing. After popping God hard in his stomach, God agreed and said he was indeed joking. When the doctor went back to writing on her legal pad, God mouthed to him, “No I’m not.
A.E. Via (Nothing Special)
...writing is a legal way of avoiding work without actually stealing and one that doesn't take any talent or training
Robert A. Heinlein (The Cat Who Walks Through Walls)
The best way to get quiet, other than the combination of extensive therapy, Prozac, and a lobotomy, is first to notice that the station is on. KFKD [K-Fucked] is on every single morning when I sit down at my desk. So I sit for a moment and then say a small prayer--please help me get out of the way so I can write what wants to be written. Sometimes ritual quiets the racket. Try it. Any number of things may work for you--an altar, for instance, or votive candles, sage smudges, small-animal sacrifices, especially now that the Supreme Court has legalized them.
Anne Lamott (Bird by Bird)
If my opinion runs more than twenty pages,” she said, “I am disturbed that I couldn’t do it shorter.” The mantra in her chambers is “Get it right and keep it tight.” She disdains legal Latin, and demands extra clarity in an opinion’s opening lines, which she hopes the public will understand. “If you can say it in plain English, you should,” RBG says. Going through “innumerable drafts,” the goal is to write an opinion where no sentence should need to be read twice. “I think that law should be a literary profession,” RBG says, “and the best legal practitioners regard law as an art as well as a craft.
Irin Carmon (Notorious RBG: The Life and Times of Ruth Bader Ginsburg)
Whatever happened in those more than one hundred years, from the time my great-great-great grandfather studied law to the time when my own father took his bar exam in 1989, I may never know. Perhaps it was just greed and the good, old-fashion corruption that comes with power. The Drexlers have moved from the fight for human rights to the fight for corporations and wealthy individuals. We file their taxes, write their contracts, clean up their messes. As I see it, we have become little more than glorified Public Relations reps
Gwenn Wright (The BlueStocking Girl (The Von Strassenberg Saga, #2))
No truth, no equality. No equality, no justice. No justice, no peace. No peace, no love. No love, only darkness.
Suzy Kassem (Rise Up and Salute the Sun: The Writings of Suzy Kassem)
She walks to the white board and wheels it round to face him. She writes ‘Motive’ and ‘Suspects’ at the top of the board. She doesn’t turn to look at him but knows his eyes are burning.
M.F. Kelleher (Olivia Streete and the Parisian Contract)
The great bulk of the legal voters of the South were men who owned no slaves; their homes were generally in the hills and poor country; their facilities for educating their children, even up to the point of reading and writing, were very limited; their interest in the contest was very meagre--what there was, if they had been capable of seeing it, was with the North; they too needed emancipation.
Ulysses S. Grant
Past and Present have different customs; new and old adopt different measures. To try to use the ways of a generous and lenient government to rule the people of a critical age is like trying to drive a runaway horse without using reins or whip.
Han Fei (Han Feizi: Basic Writings (Translations from the Asian Classics))
To restrict or legalize abortion, to allow or forbid gay marriage, a legislator would need to write and pass a law, get it signed by the president or a governor, and perhaps override a veto. A Supreme Court justice need only persuade four other people. If he or she is not internally constrained by the authority of a text, he or she is not constrained.
Michael J. Gerson
Occult Theft,--Theft which hides itself even from itself, and is legal, respectable, and cowardly,--corrupts the body and soul of man, to the last fibre of them. And the guilty Thieves of Europe, the real sources of all deadly war in it, are the Capitalists
John Ruskin (The Genius of John Ruskin: Selections from His Writings (Victorian Literature and Culture Series))
You stole five cars. Instead of going into prison or juvenile detention, you endured nothing more than volunteer work. Now that you are paying back your legal fees, which were not inconsiderable, perhaps you need to suffer more in your service. It's good for the soul." "Suffering is good for the soul? You're sitting in your cute little office drinking your gross-ass tea that smells like bacon-" "It's Lapsang souchong." "It's disgusting. You're drinking disgusting tea and writing homilies in your room-temperature office while I"m dying in there. I don't see you suffering." "I have suffered. My suffering has ended." "Did you find Jesus?" "No, I found you.
Tiffany Reisz (The Saint (The Original Sinners, #5))
I apologize for the length of this letter. If I had had more time, it would have been shorter.
Mark Twain
Valda said that if you change your residence every six months you can legally free your children from compulsory education.
John Cage (M: Writings '67–'72)
certain hallmarks of her legal writing and thought—her care in choosing words, her wariness of politically motivated prosecution, her concern that shortcuts in the name of efficiency often reduce effectiveness in the long run, and her unswerving commitment to individual rights and the presumption of innocence—shone through even in that first letter to her college newspaper.
Ruth Bader Ginsburg (My Own Words)
Much of publishing (and any business) is a matter of making the right connection with the right person at the right time at the right place. You can’t make that connection working alone in your office at your computer or curled up with your legal pad writing your story.
W. Terry Whalin (10 Publishing Myths, Insights Every Author Needs to Succeed)
Thomas Jefferson, that owner of many slaves, chose to begin the Declaration of Independence by directly contradicting the moral basis of slavery, writing "we hold these truths to be self-evident, that all men are created equal, and that they are endowed by their Creator with certain inalienable Rights ..." thus undercutting simultaneously any argument that Africans were racially inferior, and also that they or their ancestors could ever have been justly and legally deprived of their freedom. In doing so, however, he did not propose some radically new conception of rights and liberties. Neither have subsequent political philosophers. For the most part, we've just kept the old ones, but with the word "not" inserted here and there. Most of our most precious rights and freedoms are a series of exceptions to an overall moral and legal framework that suggests we shouldn't really have them in the first place.
David Graeber (Debt: The First 5,000 Years)
Here one comes upon an all-important English trait: the respect for constituitionalism and legality, the belief in 'the law' as something above the state and above the individual, something which is cruel and stupid, of course, but at any rate incorruptible. It is not that anyone imagines the law to be just. Everyone knows that there is one law for the rich and another for the poor. But no one accepts the implications of this, everyone takes for granted that the law, such as it is, will be respected, and feels a sense of outrage when it is not. Remarks like 'They can't run me in; I haven't done anything wrong', or 'They can't do that; it's against the law', are part of the atmosphere of England. The professed enemies of society have this feeling as strongly as anyone else. One sees it in prison-books like Wilfred Macartney's Walls Have Mouths or Jim Phelan's Jail Journey, in the solemn idiocies that take places at the trials of conscientious objectors, in letters to the papers from eminent Marxist professors, pointing out that this or that is a 'miscarriage of British justice'. Everyone believes in his heart that the law can be, ought to be, and, on the whole, will be impartially administered. The totalitarian idea that there is no such thing as law, there is only power, has never taken root. Even the intelligentsia have only accepted it in theory. An illusion can become a half-truth, a mask can alter the expression of a face. The familiar arguments to the effect that democracy is 'just the same as' or 'just as bad as' totalitarianism never take account of this fact. All such arguments boil down to saying that half a loaf is the same as no bread. In England such concepts as justice, liberty and objective truth are still believed in. They may be illusions, but they are powerful illusions. The belief in them influences conduct,national life is different because of them. In proof of which, look about you. Where are the rubber truncheons, where is the caster oil? The sword is still in the scabbard, and while it stays corruption cannot go beyond a certain point. The English electoral system, for instance, is an all but open fraud. In a dozen obvious ways it is gerrymandered in the interest of the moneyed class. But until some deep change has occurred in the public mind, it cannot become completely corrupt. You do not arrive at the polling booth to find men with revolvers telling you which way to vote, nor are the votes miscounted, nor is there any direct bribery. Even hypocrisy is powerful safeguard. The hanging judge, that evil old man in scarlet robe and horse-hair wig,whom nothing short of dynamite will ever teach what century he is living in, but who will at any rate interpret the law according to the books and will in no circumstances take a money bribe,is one of the symbolic figures of England. He is a symbol of the strange mixture of reality and illusion, democracy and privilege, humbug and decency, the subtle network of compromises, by which the nation keeps itself in its familiar shape.
George Orwell (Why I Write)
BLOOM: As far as I’m concerned, computers have as much to do with literature as space travel, perhaps much less. I can only write with a ballpoint pen, with a Rolling Writer, they’re called, a black Rolling Writer on a lined yellow legal pad on a certain kind of clipboard. And then someone else types it. INTERVIEWER: And someone else edits? BLOOM: No one edits. I edit. I refuse to be edited.
Harold Bloom
Adam Freedman points out in his book on legalese, “What distinguishes legal boilerplate is its combination of archaic terminology and frenzied verbosity, as though it were written by a medieval scribe on crack.
Steven Pinker (The Sense of Style: The Thinking Person's Guide to Writing in the 21st Century)
Whether the vessel is a legal document or a rap song, language is often chosen ot exclude. To use a scholarly phrase, "discourse communities" are often gated,so it's the good writer's job to offer readers a set of keys.
Roy Peter Clark
A computer search would have given me a list of pertinent cases, but without that I had to read everything. That is harder by far, but you end up learning a lot more. I was forced to remember cases because making copies of everything was too expensive. Keeping cases in your head is good, too, because cases are like puzzle pieces floating around in your mind, and sometimes, in moments of creativity, they fall into place and form a picture. If they were words on a screen that you could pull up anytime you wished, that phenomenon wouldn't happen as easily.
Shon Hopwood (Law Man: My Story of Robbing Banks, Winning Supreme Court Cases, and Finding Redemption)
I believe he's got a lot of courage to write that book. If the Axis had lost the war, we'd be able to say and write anything we wanted, like we used to; we'd be one country and we'd have a fair legal system, the same one for all of us.
Philip K. Dick
Dearest Mac, I love you. I will always love you. But I can live with you no longer. I've tried to be strong for you, for three years I have tried. I have failed. You tried to remake me in your image, dear Mac, and I tried to be what you wanted, but I no longer can. I am sorry. I want to write that my heart is breaking, but it is not. It broke some time ago, and I have just now realised that I can leave me heartbreak behind and go on. The decision to live without you was a painful one and not lightly made. I realise you can legally cause me much harm for taking this step, and I ask you, for the love we once shared, not to. It could be that I will not need to leave forever, but I know that I need time apart, alone, to heal. You have explained that you sometimes leave me for my own good, so I will have a chance to recover from life with you. Now I am doing the same, leaving so that both of us have a chance to breath, a chance to cool. Living with you is like being with a shooting star, one that burns so brightly that it scorches me. And I am watching the star burn out. In the end, Mac, I fear there will be nothing left of you. I know you will be angry when you read this, because you can grow so angry! But when you stop being angry, you will realize that my decision is sound. Together, we are destroying each other. Apart, I can remember my love for you. But you are burning me. You have exhausted me, and I have nothing left to give. Ian has agreed to bring this letter to you, and he will inform me of what steps you decide to take. I trust Ian to help us through. Please do not try to seek me yourself. I love you, Mac. I will always love you. Please be well. Isabella
Jennifer Ashley (Lady Isabella's Scandalous Marriage (MacKenzies & McBrides, #2))
There has appeared in our time a particular class of books and articles which I sincerely and solemnly think may be called the silliest ever known among men... these things are about nothing; they are about what is called Success. On every bookstall, in every magazine, you may find works telling people how to succeed. They are books showing men how to succeed in everything; they are written by men who cannot even succeed in writing books. To begin with, of course, there is no such thing as Success. Or, if you like to put it so, there is nothing that is not successful. That a thing is successful merely means that it is; a millionaire is successful in being a millionaire and a donkey in being a donkey... I really think that the people who buy these books (if any people do buy them) have a moral, if not a legal, right to ask for their money back.
G.K. Chesterton (All Things Considered)
Authors write books for one, and only one, reason: because we like to torture people. Now, actual torture is frowned upon in civilized society. Fortunately, the authorial community has discovered in storytelling an even more powerful—and more fulfilling—means of causing agony in others. We write stories. And by doing so, we engage in a perfectly legal method of doing all kinds of mean and terrible things to our readers. Take, for instance, the word I used above. Propondidty. There is no such word—I made it up. Why? Because it amused me to think of thousands of readers looking up a cromulent word in their dictionaries.
Brandon Sanderson (Alcatraz vs. the Evil Librarians (Alcatraz, #1))
THE ORGANIC FOODS MYTH A few decades ago, a woman tried to sue a butter company that had printed the word 'LITE' on its product's packaging. She claimed to have gained so much weight from eating the butter, even though it was labeled as being 'LITE'. In court, the lawyer representing the butter company simply held up the container of butter and said to the judge, "My client did not lie. The container is indeed 'light in weight'. The woman lost the case. In a marketing class in college, we were assigned this case study to show us that 'puffery' is legal. This means that you can deceptively use words with double meanings to sell a product, even though they could mislead customers into thinking your words mean something different. I am using this example to touch upon the myth of organic foods. If I was a lawyer representing a company that had labeled its oranges as being organic, and a man was suing my client because he found out that the oranges were being sprayed with toxins, my defense opening statement would be very simple: "If it's not plastic or metallic, it's organic." Most products labeled as being organic are not really organic. This is the truth. You pay premium prices for products you think are grown without chemicals, but most products are. If an apple is labeled as being organic, it could mean two things. Either the apple tree itself is free from chemicals, or just the soil. One or the other, but rarely both. The truth is, the word 'organic' can mean many things, and taking a farmer to court would be difficult if you found out his fruits were indeed sprayed with pesticides. After all, all organisms on earth are scientifically labeled as being organic, unless they are made of plastic or metal. The word 'organic' comes from the word 'organism', meaning something that is, or once was, living and breathing air, water and sunlight. So, the next time you stroll through your local supermarket and see brown pears that are labeled as being organic, know that they could have been third-rate fare sourced from the last day of a weekend market, and have been re-labeled to be sold to a gullible crowd for a premium price. I have a friend who thinks that organic foods have to look beat up and deformed because the use of chemicals is what makes them look perfect and flawless. This is not true. Chemical-free foods can look perfect if grown in your backyard. If you go to jungles or forests untouched by man, you will see fruit and vegetables that look like they sprouted from trees from Heaven. So be cautious the next time you buy anything labeled as 'organic'. Unless you personally know the farmer or the company selling the products, don't trust what you read. You, me, and everything on land and sea are organic. Suzy Kassem, Truth Is Crying
Suzy Kassem (Rise Up and Salute the Sun: The Writings of Suzy Kassem)
War in Europe, a speech by Hitler, trouble in Poland, these were the topics of the day. What piffle! You warmongers, you old folks in the lobby of the Alta Loma Hotel, here is the news, here: this little paper with all the fancy legal writing, my book! To hell with that Hitler, this is more important than Hitler, this is about my book. It won't shake the world, it won't kill a soul, it won't fire a gun, ah, but you'll remember it to the day you die, you'll lie there breathing your last, and you'll smile as you remember the book. The story of Vera Rivken, a slice out of life.
John Fante (Ask the Dust (The Saga of Arturo Bandini, #3))
This time,” Oren said. “Skye has already tried to have you killed once. Both of them are threats. I suggest we let them cool their heels in prison at least until your emancipation goes through.” Once I was legally an adult, once I could write my own will, Ricky and Skye would stand to gain nothing by my death.
Jennifer Lynn Barnes (The Hawthorne Legacy (The Inheritance Games, #2))
Since you haven’t got a name,” he said. “I guess you can pick one for yourself. Would you like to pick one for me to write down?” She stopped rocking and looked at him. “I can do that? It’s legal and everything?” He smiled. “It’s a free country again,” he said. “At least in theory.” She nodded. “And when I pick a name it can be any name I want?” He nodded. “What’s your name?” “Victor,” he said. “Vic, for short.” “Okay,” she said, leaning forward and taking the pad from under his large thing hands. “How do you spell that?” He spelled it and she wrote it down. Her handwriting was perfectly small and legible. “Can I be Victor, too?” she said, looking up from the pad. He smirked. “It’s a boy’s name,” he said. “You’re a girl. You have to add an i and an a to the end if you want to make it a girl’s name.” She looked down at the name she had written and added the letters i and a to the end. “Victoria,” she said, passing the notepad back to the cop. “Hello, Victoria,” he said, smiling, taking the pad and pen back and presenting his hand for a shake. “It’s nice to meet you, officially.
Benjamin R. Smith (Atlas)
Trump spent two years suing author Tim O’Brien and his publisher for writing that his net worth was probably not in the billions, but rather the hundreds of millions. After a court dismissed the case, Trump made it clear that he merely wanted to harass O’Brien, not necessarily win damages. “I spent a couple of bucks on legal fees and they spent a whole lot more. I did it to make his life miserable, which I’m happy about,” Trump bragged. It was a comment that fit cozily within his philosophy of revenge. In
David Cay Johnston (The Making of Donald Trump)
[Non-flammable? Challenge accepted.] [Alan], I texted, [arson is bad.] [It's in the spirit of academic inquiry! It's SCIENCE!] ['Science' is not a legal defense.] [Damn them.]
K.D. Sarge
If liberty is to be preserved against the materialistic paternalism of the modern state, there must be something more than courts and legal guarantees; freedom must be written not merely in the constitution but in the people's heart. And it can be written in the heart, we believe, only as a result of the redeeming work of Christ. Other means in the long run will fail.
J. Gresham Machen (Selected Shorter Writings)
He translates one book of the Iliad, two of the Odyssey, plus an admirable slice of Plato’s Republic. Five lines on an average day, ten on a good one, scribbled onto yellow legal pads in his crimped pencil-writing and stuffed into boxes beneath the dining table. Sometimes he believes his translations are adequate. Usually he decides they’re terrible. He shows them to no one.
Anthony Doerr (Cloud Cuckoo Land)
My dear Copperfield,” he replied. “To a man possessed of the higher imaginative powers, the objection to legal studies is the amount of detail which they involve. Even in our professional correspondence,” said Mr. Micawber, glancing at some letters he was writing, “the mind is not at liberty to soar to any exalted form of expression. Still, it is a great pursuit! A great pursuit!
Charles Dickens (David Copperfield)
She’s the reason he will probably become an embittered old fuck before he’s even of legal drinking age, distrusting women and writing rude songs about them, and basically from here into eternity thinking all chicks are lying cheating sluts because one of them broke his heart. He’s the type of guy that makes girls like me frigid. I’m the girl who knows he’s capable of poetry, because, like I said, there are things I just know. I’m the one who could give him that old-fashioned song title of a thing called Devotion and True Love (However Complicated), if he ever gave a girl like me a second glance. I’m the less-than-five-minute girlfriend who for one too-brief kiss fantasized about ditching this joint with him, going all the way punk with him at a fucking jazz club in the Village or something. Maybe I would have treated him to borscht at Veselka at five in the morning, maybe I would have walked along Battery Park with him at sunrise, holding his hand, knowing I would become the one who would believe in him. I would tell him, I heard you play, I’ve read your poetry, not that crap your band just performed, but those love letters and songs you wrote to Tris. I know what you’re capable of and it’s certainly more than being a bassist in an average queercore band—you’re better than that; and dude, having a drummer, it’s like key, you fucking need one. I would be equipment bitch for him every night, no complaints. But, no, he’s the type with a complex for the Tris type: the big tits, the dumb giggle, the blowhard. Literally.
Rachel Cohn
For a great state, qua state, is not one which embraces a great population or an extensive territory, but one which achieves a great intensity of social unity. And in this matter we must bear in mind that unity means unity of purpose and will, and not merely unity of action and result. One of the most significant reasons for refusing to attribute an unlimited degree of statehood to those associations which are legally known as states, is that their size is governed by considerations of commerce, mere whim, or by other limited ends, rather than by reference to the good life or the excellence of souls.
Michael Oakeshott (Early Political Writings 1925–30: A discussion of some matters preliminary to the study of political philosophy' and 'The philosophical approach to politics ... Oakeshott Selected Writings Book 5))
The civil rights movement is evolving from a protest movement into a full-fledged social movement--an evolution calling its very name into question. It is now concerned not merely with removing the barriers to full opportunity but with achieving the fact of equality. From sit-ins and Freedom Rides we have gone into rent strikes, boycotts, community organization, and political action. As a consequence of this natural evolution, the Negro today finds himself stymied by obstacles of far greater magnitude than the legal barriers he was attacking before: automation, urban decay, de facto school segregation. These are problems which, while conditioned by Jim Crow, do not vanish upon its demise. They are more deeply rooted in our socioeconomic order; they are the result of the total society's failure to meet not only the Negro's needs but human needs generally.
Bayard Rustin (Down the Line: The Collected Writings of Bayard Rustin)
If the truth about loving or hateful choices were revealed it would break open the earth's crust. Which is why we live in legalized and general delusion. Fiction takes the place of reality. This is why simply naming one of these turns of the unconscious that are part of our strange human adventure engenders such upsets (which are at once intimate, individual, and political); why consciously or unconsciously we constantly try to save ourselves from this naming.
Hélène Cixous (Three Steps on the Ladder of Writing)
Ten things you should always do when you form a group 1. Work with your friends 2. Find like-minded people 3. Have ultimate self-belief 4. Write great songs 5. Get a great manager 6. Live in Manchester 7. Support each other through thick and thin 8. Realise no one person is bigger than the group (thanks to Gene Simmons for that one) 9. Watch where the money goes 10. Always get separate legal advice for everything before you sign; failing that, ask your mam and dad
Peter Hook (Substance: Inside New Order)
All writers and their readers should stand up and voice their opposition to financial services companies censoring books. Authors should have the freedom to publish legal fiction, and readers should have the freedom to read what they want.
Mark Coker
Liberals are creating an America, where it’s natural to hate people of differing political views,” writes columnist John Hawkins. “Not disagree with, hate.… It’s the liberal mentality that says, ‘People who disagree with us on anything are racist, sexist, homophobic and evil. Therefore, we don’t have to treat them fairly. Therefore, their concerns are irrelevant. Therefore, it’s acceptable to lie about them, take away their rights or even use the IRS or legal system to mistreat them.’ ”35
David Limbaugh (Guilty By Reason of Insanity: Why The Democrats Must Not Win)
Law professor Melanie Randall writes: “[The] limited appreciation of the nature of traumatic responses is, undoubtedly, an expression of a broader lack of understanding of, and information about, the complexities of human psychology and human behaviour within the legal system. This failure is particularly sharp in terms of legal responses to sexual assault, as it is entrenched within the many myths about sexual assault, including conceptions of authentic and credible (read ‘ideal’) victims.
Sarah Polley (Run Towards the Danger: Confrontations with a Body of Memory)
In our day civil governments have a vested interest in protecting marriage because strong families constitute the best way of providing for the health, education, welfare, and prosperity of rising generations. But civil governments are heavily influenced by social trends and secular philosophies as they write, rewrite, and enforce laws. Regardless of what civil legislation may be enacted, the doctrine of the Lord regarding marriage and morality cannot be changed. Remember: sin, even if legalized by man, is still sin in the eyes of God!
Russell M. Nelson (Accomplishing the Impossible: What God Does, What We Can Do)
She went on to explain Tom's proposition to write an agreement together, about the things they valued and needed, the compromises they would be willing to make, the lines that had to be drawn. "But it wouldn't be legal," Devon said. "I think," Kathleen ventured, "the point is that it shows Cassandra's thoughts and feelings matter to Mr. Severin." "It means he wants to listen to her," Phoebe added, "and take her opinions into consideration." "Diabolical bastard," West muttered, although the corner of his mouth twitched with rueful amusement.
Lisa Kleypas (Chasing Cassandra (The Ravenels, #6))
The great rabbis did not “create” Halakha: what the rabbis did was to codify and clarify the legal teachings, adapting them to changing social conditions. “The Rabbinic Halakha,” writes Judah Goldin, “protected legislation from inflexibility and society from fundamentalism
Leo Rosten (The New Joys of Yiddish: Completely Updated)
…clear benefit of writing legal memoranda is that when it comes to learning how to write well, nothing beats practice. As a junior associate you’ll find that over time, you’ll learn to draft memoranda that present logical, clear analyses of even the most complicated legal issues.
WIlliam R. Keates (Proceed with Caution: A Diary of the First Year at One of America's Largest, Most Prestigious Law Firms)
Our callings—whether preaching the gospel or loading docks or picking avocados or filing legal briefs or writing legislation or herding goats—aren’t accidental. God is teaching us, as he taught our Lord, to learn in little things how to be in charge of great things (Matt. 25:14–23).
Russell D. Moore (Onward: Engaging the Culture without Losing the Gospel)
I always felt that someone, a long time ago, organized the affairs of the world into areas that made sense-catagories of stuff that is perfectible, things that fit neatly in perfect bundles. The world of business, for example, is this way-line items, spreadsheets, things that add up, that can be perfected. The legal system-not always perfect, but nonetheless a mind-numbing effort to actually write down all kinds of laws and instructions that cover all aspects of being human, a kind of umbrella code of conduct we should all follow. Perfection is crucial in building an aircraft, a bridge, or a high-speed train. The code and mathematics residing just below the surface of the Internet is also this way. Things are either perfectly right or they will not work. So much of the world we work and live in is based upon being correct, being perfect. But after this someone got through organizing everything just perfectly, he (or probably a she) was left with a bunch of stuff that didn't fit anywhere-things in a shoe box that had to go somewhere. So in desperation this person threw up her arms and said, 'OK! Fine. All the rest of this stuff that isn't perfectible, that doesn't seem to fit anywhere else, will just have to be piled into this last, rather large, tattered box that we can sort of push behind the couch. Maybe later we can come back and figure where it all is supposed to fit in. Let's label the box ART.' The problem was thankfully never fixed, and in time the box overflowed as more and more art piled up. I think the dilemma exists because art, among all the other tidy categories, most closely resembles what it is like to be human. To be alive. It is our nature to be imperfect. The have uncategorized feelings and emotions. To make or do things that don't sometimes necessarily make sense. Art is all just perfectly imperfect. Once the word ART enters the description of what you're up to , it is almost getting a hall pass from perfection. It thankfully releases us from any expectation of perfection. In relation to my own work not being perfect, I just always point to the tattered box behind the couch and mention the word ART, and people seem to understand and let you off the hook about being perfect a go back to their business.
Brené Brown (Daring Greatly: How the Courage to Be Vulnerable Transforms the Way We Live, Love, Parent, and Lead)
Arnobius wrote in the fourth century: “Evil ought not be repaid with evil. . . . It is better to suffer wrong than inflict it. . . . We should rather shed our own blood than stain our hands and our conscience with the blood of another” (Sider, 101). In his writings on “public homicide,” Lactantius raged against the ways we have glorified death—that we have a “thirst for blood” and “lose our humanity.” Here are his powerful words insisting that it is wrong to kill, even legally: It makes no difference whether you put a person to death by word or rather by sword, since it is the act of putting to death itself which is prohibited. . . . There ought to be no exception at all but that it is always unlawful to put to death a person who God willed to be a sacred creature. (Sider, 110) He goes on to say that when we kill, even legally execute, “the bloodshed stains the conscience.
Shane Claiborne (Executing Grace: How the Death Penalty Killed Jesus and Why It's Killing Us)
In a mass society where obtaining credit is as easy as it is, there’s probably no way to efficiently collect on delinquent accounts by writing real affidavits, filing legitimate, error-free lawsuits, and serving legitimate summonses in each and every individual case. Without the shortcuts, it doesn’t work. So techniques like robo-signing and sewer service are essential to the profitability of the business. Plenty of people—consumers and merchants both—are probably glad that so much credit is available, but they don’t realize that systematic fraud is part of what makes it available. Legally, there’s absolutely no difference between a woman on welfare who falsely declares that her boyfriend no longer lives in the home and a bank that uses a robo-signer to cook up a document swearing that he has kept regular records of your credit card account. But morally and politically, they’re worlds apart. When the state brings a fraud case against a welfare mom, it brings it with disgust, with rage, because in addition to committing the legal crime, she’s committed the political crime of being needy and an eyesore. Banks commit the legal crime of fraud wholesale; they do so out in the open, have entire departments committed to it, and have employees who’ve spent years literally doing nothing but commit, over and over again, the same legal crime that some welfare mothers go to jail for doing once. But they’re not charged, because there’s no political crime. The system is not disgusted by the organized, mechanized search for profit. It’s more like it’s impressed by it.
Matt Taibbi (The Divide: American Injustice in the Age of the Wealth Gap)
According to a group of New England college students, writing in the year 1920, an alien was the following: "A person hostile to his country." "A person against the government." "A person who is on the opposite side." "A native of an unfriendly country." "A foreigner at war." "A foreigner who tries to do harm to the country he is in." "An enemy from a foreign land." "A person against a country." etc. . . . Yet the word alien is an unusually exact legal term, far more exact than words like sovereignty, independence, national honor, rights, defense, aggression, imperialism, capitalism, socialism, about which we readily take sides "for" or "against.
Walter Lippmann (Public Opinion)
The truth is that there is no such thing as equality. It does not exist in any physical, material, legal, philosophical, or spiritual sense. One might as usefully attempt to direct the entire efforts of a society's people and institutions towards the well-being of unicorns and fairies. As Martin van Creveld writes in Equality: The Impossible Quest, “Equality is a dream. When we keep in mind the costs that dream demands, the contradictions to which it inevitably leads, and the horrendous amounts of blood that are so often shed in its name, we would be wise to ensure that the quest for it does not become a nightmare”. Or better yet, abandon it altogether.
Vox Day (SJWs Always Lie: Taking Down the Thought Police (The Laws of Social Justice Book 1))
‎"The indictment [the Western/modern question, 'Why be moral?'] also issued from a gross underrating of the 'moral' force that was regarded within the Islamic tradition as an essential and integral part of the 'law.' At the foundation of this underrating stood the observer's ideological judgement about religion (at least the Islamic religion), a judgment of repugnance, especially when religion as a moral and theological force is seen to be fused with law. The judgement, in other words, undercuts a proper apprehension of the role of modernity as a legal form, of its power and force. Historical evidence [in modernity/Enlightenment thought and its intellectual progeny] was thus made to fit into what makes sense to us, not what made sense to a culture that defined itself -- systematically, teleologically, and existentially -- in different terms. This entrenched repugnance for the religious -- at least in this case to the 'Islamic' in Muslim societies -- amounted, in legal terms, to the foreclosure of the possibility of considering the force of the moral within the realm of the legal, and vice versa. Theistic teleology, eschatology, and socially grounded moral gain, status, honor, shame, and much else of a similar type were reduced in importance, if not totally set aside, in favor of other explanations that 'fit better' within our preferred, but distinctively modern, countermoral systems of value. History was brought down to us, to the epistemological here and now, according to our own terms, when in theory no one denies that it was our historiographical set of terms that ought to have been subordinated to the imperatives of historical writing.
Wael B. Hallaq (The Impossible State: Islam, Politics, and Modernity's Moral Predicament)
Hauriou, became a crown witness for us when he confirmed this connection in 1916, in the midst of WWI: “The revolution of 1789 had no other goal than absolute access to the writing of legal statutes and the systematic destruction of customary institutions. It resulted in a state of permanent revolution because the mobility of the writing of laws did not provide for the stability of certain customary institutions, because the forces of change were stronger than the forces of stability. Social and political life in France was completely emptied of institutions and was only able to provisionally maintain itself by sudden jolts spurred by the heightened morality.
Carl Schmitt (The Plight of European Jurisprudence)
With every book I write, I give the Hera Leick Promise. I will never weave into my stories: cheating; sex outside the main characters; sexual abuse; cliffhangars; years of separation; man whores; and lastly my worst pet peeve, insta-love. If one sneaks in, I give you permission to shoot me. Please make note, however, guns are not legal in England. Neither is murder. I hope.
Hera Leick (The Mad Wager)
Most of us think the word racism is synonymous with prejudice. But racism is more than just discrimination based on skin color. It's also about who has institutional power. Just as racism creates disadvantages for people of color that makes success harder to achieve, it also gives advantages to white people that makes success easier to achieve. It's hard to see those advantages, much less own up to them. And that, I realized, was why I had to write this book. When it comes to social justice, the role of the white ally is not to be a savior or a fixer. Instead, the role of the ally is to find other white people and talk to make them see that many of the benefits they have enjoyed in life are direct results of the fact that someone else did not have the same benefits.
Jodi Picoult (Small Great Things)
Followers Everywhere To start with; Facebook : 10K followers !! Instagram : 710 followers !! Twitter : 20K followers !! Followers!! Followers!! And Followers!! Well, who are these followers? Just more than being a crowd of audience, who are they? Ever thought of? And for what purpose are they following you or someone else? Is it because you are a famous personality, a best friend, or you're someone who holds a high status in the society or just because you're simply rich enough to be followed ? Everyone live their life the way they want to. No one is bound to live under certain limitations or boundaries. Every individual have their own freedom in life. Each one of them is unique too. But what holds us different from others is the work we do for ourselves and for our society. Our behaviour, personality, nature, our attitude towards life and our talents hold us apart from others. Some people are really good and some are really worse than you ever thought of. What I'm trying to say is that some are 'legally' good and they may or may not hold a high position in the society and some are 'illegally' good and they may or may not hold a high position in the society. I just want to say that follow people for who they actually are, for the good work they do for themselves and for everyone. And respect them by being their true follower in a true sense. The person whom you follow doesn't need to be a rich or poor. A person should be rich by heart and poor by wealth! Even I'm not someone to be followed, yet I do have a few followers. It's not because I'm some great personality or a renowned writer, but might be because they like my work. And I feel happy for that. And I thank God for blessing me with this wonderful skill of writing. Even I follow many people including some really great personalities for their good work and for their kind way of serving the society and the poor. And I believe that, this is the true way to show respect for them.
Sujish Kandampully
As of this writing, the state of California is locked in a legal fight with the United States of America, trying to defend its right to ignore federal law. Only they’re arguing from the opposite direction. Sure, they say, the federal government has jurisdiction over immigration, but in this case, we’re going to do everything we can to make it impossible for them to enforce it! News flash: The United States Constitution’s Supremacy Clause can’t be set aside because California—or Colorado, New Mexico, Oregon, Illinois, Vermont, or the Queen of England—says it should be. That’s why it works. States do not get to make their own rules that fly in the face of our founding documents, so they can appease LIBERAL voters and ensure LIBERAL politicians stay in office for a few more terms.
Jeanine Pirro (Liars, Leakers, and Liberals: The Case Against the Anti-Trump Conspiracy)
If you had to give a name to the whole apparatus, what would you call it?” “Hmmm,” Waterhouse says. “Well, its basic job is to perform mathematical calculations—like a computer.” Comstock snorts. “A computer is a human being.” “Well . . . this machine uses binary digits to do its computing. I suppose you could call it a digital computer.” Comstock writes it out in block letters on his legal pad: DIGITAL COMPUTER.
Neal Stephenson (Cryptonomicon)
What have you got on Case that makes you so untouchable?" Braxton asked. "She trusts me." Braxton laughed, disbelieving, as Angel put the injunctions back in order. Angel said, "People like you write everything down because you know everyone is a liar. It's how you lawyers do." He slapped Braxton in the chest with the legal documents, grinning. "And that's why Case trusts me and treats you like a dog - you're the one who writes things down.
Paolo Bacigalupi (The Water Knife)
The Muslim world in general, the Arab world in particular was confirmed in its grievances, particularly that the West was prepared to use its overwhelming military superiority to keep Muslims subordinate. 'Europe', the Europe of the Franco-German plan to create a federal union strong enough to stand on terms of equality with the United States as a world power, had been humiliated by the failure of its efforts to avert the war. Liberal opinion, dominant throughout the European media and academia, strong also in their American equivalents, was outraged by the spectacle of raw military force supplanting reason and legality as the means by which relations between states were ordered. Reality is an uncomfortable companion, particularly to people of good will. George H.W. Bush's proclamation of a new world order had persuaded too many in the West that the world's future could be managed within a legal framework, by discussion and conciliation. The warning uttered by his son that the United States was determined to bring other enemies of nuclear and regional stability to book - Iran, North Korea - was founded by his political opponents profoundly unsettling. The reality of the Iraq campaign of March - April 2003 is, however, a better guide to what needs to be done to secure the safety of our world than any amount of law-making or treaty-writing can offer.
John Keegan (The Iraq War: The Military Offensive, from Victory in 21 Days to the Insurgent Aftermath)
On another note - Sarton writes about "people in their thirties mourning their lost youth because we have given them no ethos that makes maturity appear an asset." I very much feel this to be true. Turning twenty-one is the nadir of American achievement, one can get smashed legally, and as there are no further milestones after that, each succeeding birthday reeks of diminishment. People start to lie about their age, as if maturity is a thing to be ashamed of.
Beth Ann Fennelly (Great with Child: Letters to a Young Mother)
Drahomanov believed that the logical consequence of democratic principles was socialism. For the moment we can leave aside the question of the exact content of Drahomanov's socialist program. The basic tendencies must be made clear, however. True civic freedom requires not only that men have legal rights, but also that their social and economic conditions permit them to use them. The essence of the concept of democracy includes the idea of social change and social progress; otherwise it is no living democracy.
Ivan L. Rudnytsky (A Symposium and Selected Writings)
After Bailey came Samuel Johnson, His Cantankerousness. Son of a London bookseller, a university dropout, afflicted with depression and what modern doctors think was likely Tourette’s—“a man of bizarre appearance, uncouth habits, and minimal qualifications”—Johnson was bewilderingly chosen by a group of English booksellers and authors to write the authoritative dictionary of English. Because of the seriousness of the charge, and because Johnson was scholarly but not a proper scholar, he began work on his dictionary the way that all of us now do: he read. He focused on the great works of English literature—Shakespeare, Milton, Dryden, Locke, Pope—but also took in more mundane, less elevated works. Among the books that crossed his desk were research on fossils, medical texts, treatises on education, poetry, legal writing, sermons, periodicals, collections of personal letters, scientific explorations of color, books debunking common myths and superstitions of the day, abridged histories of the world, and other dictionaries.
Kory Stamper (Word by Word: The Secret Life of Dictionaries)
Black women have worked hard to write a counternarrative of our worth in a global system where beauty is the only legitimate capital allowed women without legal, political, and economic challenge. That last bit is important. Beauty is not good capital. It compounds the oppression of gender. It constrains those who identify as women against their will. It costs money and demands money. It colonizes. It hurts. It is painful. It can never be fully satisfied. It is not useful for human flourishing. Beauty is, like all capital, merely valuable.13
Tressie McMillan Cottom (Thick: And Other Essays)
called state formation. One of the key turning points in many early societies is the rudimentary, usually very partial, codification of law. In ancient Athens, for example, the work of Draco in the seventh century BCE, though now a byword for harshness (‘draconian’), was notable as the first attempt there to put what had been oral rules into writing; a thousand years before that in Babylon, Hammurabi’s code did something similar. The Twelve Tables are much on that pattern. They are a long way from being a comprehensive legal code and may well never have been intended as such. Unless
Mary Beard (SPQR: A History of Ancient Rome)
You love me. But why do you love me? The thing in me that compels me to write is the very thing that draws your love. You love me because I am somehow different from the men you have known and might have loved. I was not made for the desk and counting-house, for petty business squabbling, and legal jangling. Make me do such things, make me like those other men, doing the work they do, breathing the air they breathe, developing the point of view they have developed, and you have destroyed the difference, destroyed me, destroyed the thing you love. My desire to write is the most vital thing in me.
Jack London (Martin Eden)
But as the weeks rolled on, I realized it wasn’t a lack of glamour that was bothering me. Instead, I kept thinking back to a line Valerie liked to include in her commencements: “Put yourself in the path of lightning.” For just one night, a seventeen-minute comedy monologue was the center of political attention. It was the place to address controversies, to take shots at opponents, to project confidence to the public we served. Now, however, lightning was once again striking the campaign trail. More and more speeches—for both the president and senior staff—were the ones I could not legally write. I kind of liked having job security. I kind of loved drinking Kennedy Center beer. But nothing was as intoxicating as being part of the action. Not long after the dinner, I asked Favs if I could leave the White House for the campaign. He agreed, but proposed a plan that kept me in Washington: I would work on political speeches for POTUS, but from the Democratic National Committee in D.C. Which is how I found myself, a few weeks later, standing beside a conference table covered in turkey pinwheels and cheap champagne. Straut said something generous. Coworkers wrapped leftovers in paper napkins. I turned in my blue badge and BlackBerry. Just like that, I was no longer a government employee.
David Litt (Thanks, Obama: My Hopey, Changey White House Years)
The founders were not democrats and socialists like Hertzberg. They were conservatives who had a healthy distrust of political passions and who devised a complex system designed to frustrate the schemes of social redeemers and others convinced of their own invincible virtue. If not for the immense, undemocratic power vested in the Supreme Court, schools might still be legally segregated. If not for states’ rights, slavery might have spread throughout the nation. If not for the opaque, complex, confusing American framework, the descendants of Africans who were dragged to this country in chains might not today be the freest and richest blacks in the world.
David Horowitz (The Black Book of the American Left: The Collected Conservative Writings)
Here is how I propose to end book-banning in this country once and for all: Every candidate for school committee should be hooked up to a lie detector and asked this question: “Have you read a book from start to finish since high school?” or “Did you even read a book from start to finish in high school?” If the truthful answer is “no,” then the candidate should be told politely that he cannot get on the school committee and blow off his big bazoo about how books make children crazy. Whenever ideas are squashed in this country, literate lovers of the American experiment write careful and intricate explanations of why all ideas must be allowed to live. It is time for them to realize that they are attempting to explain America at its bravest and most optimistic to orangutans. From now on, I intend to limit my discourse with dimwitted Savonarolas to this advice: "Have somebody read the First Amendment to the United States Constitution out loud to you, you God damned fool!" Well--the American Civil Liberties Union or somebody like that will come to the scene of trouble, as they always do. They will explain what is in the Constitution, and to whom it applies. They will win. And there will be millions who are bewildered and heartbroken by the legal victory, who think some things should never be said--especially about religion. They are in the wrong place at the wrong time. Hi ho.
Kurt Vonnegut Jr. (Palm Sunday: An Autobiographical Collage)
CREEP Other people have written about war. About how one plane sweeps over and the whole place is ablaze in minutes. About how a young man may kill another young many with perfect legality. I prefer to write about less sudden things. About how we inch further away without even noticing. And then it's too late. Or is it? No it's not too late to say sorry, we were wrong, let's try again to get along. No, it's not too late to quit lying, halt the greed, stop polluting air earth and seas. I prefer to write about less noisy things. About change happening so gradually that one day you just accept the world as different. And you don't question because you're old, and you don't feel like making waves, and anyway, they'd say you were insane.......
Jay Woodman (SPAN)
Actually, the author’s job is more complicated than that,” said the Big Bad Wolf. “When an author gets a revision letter, she’s required by law to call her agent and complain bitterly about her mean, nasty, cruel editor who has bacon for brains. She whines and moans and complains for three hours. If she’s the emotional sort, she cries big buckets of tears. If she’s the unemotional sort, she makes secret plans to send her editor a letter bomb. Then her wise and brilliant agent talks her off the ledge, reminds her that she signed a binding legal contract, and suggests that maybe her editor might have said one or two non-moronic things in the revision letter.” “And eventually, when the author’s sanity returns, she rewrites her manuscript,” said Baby Bear.
Randy Ingermanson (How to Write a Novel Using the Snowflake Method (Advanced Fiction Writing, #1))
For the Christian, the sacred doctrine is revealed theology; for the Jew and the Muslim, the sacred doctrine is, at least primarily, the legal interpretation of the Divine Law (talmud or fiqh). The sacred doctrine in the latter sense has, to say the least, much less in common with philosophy than the sacred doctrine in the former sense. It is ultimately for this reason that the status of philosophy was, as a matter of principle, much more precarious in Judaism and in Islam than in Christianity: in Christianity philosophy became an integral part of the officially recognized and even required training of the student of the sacred doctrine. This difference explains partly the eventual collapse of philosophic inquiry in the Islamic and in the Jewish world, a collapse which has no parallel in the Western Christian world.
Leo Strauss (Persecution and the Art of Writing)
A recent book by University of Chicago professor of philosophy and law Brian Leiter outlines what I believe will become the theoretical consensus that does away with religious liberty in spirit if not in letter. “There is no principled reason,” he writes, “for legal or constitutional regimes to single out religion for protection.” . . . Evoking the principle of fairness, Leiter argues that everybody’s conscience should be accorded the same legal protections. Thus he proposes to replace religious liberty with a plenary “liberty of conscience.” Leiter’s argument is libertarian. He wants to get the government out of the business of deciding whose conscience is worth protecting. This mentality seems to expand freedom, but that’s an illusion. In practice it will lead to diminished freedom, as is always the case with any thoroughgoing libertarianism.
R.R. Reno
There is no natural safeguard in the English language against the faults of haste, distraction, timidity, dividedness of mind, modesty. English does not run on its own rails, like French, with a simply managed mechanism of knobs and levers, so that any army officer or provincial mayor can always, at a minute’s notice, glide into a graceful speech in celebration of any local or national event, however unexpected. The fact is that English has altogether too many resources for the ordinary person, and nobody holds it against him if he speaks or writes badly. The only English dictionary with any pretension to completeness as a collection of literary precedents, the Oxford English Dictionary, is of the size and price of an encyclopedia; and pocket-dictionaries do not distinguish sufficiently between shades of meaning in closely associated words: for example, between the adjectives ‘silvery’, ‘silvern’, ‘silver’, ‘silvered’, ‘argent’, ‘argentine’, ‘argentic’, ‘argentous’. Just as all practising lawyers have ready access to a complete legal library, so all professional writers (and every other writer who can afford it) should possess or have ready access to the big Oxford English Dictionary. But how many trouble about the real meanings of words? Most of them are content to rub along with a Thesaurus—which lumps words together in groups of so-called synonyms, without definitions—and an octavo dictionary. One would not expect a barrister to prepare a complicated insurance or testamentary case with only Everyman’s Handy Guide to the Law to help him; and there are very few books which one can write decently without consulting at every few pages a dictionary of at least two quarto volumes—Webster’s, or the shorter Oxford English Dictionary—to make sure of a word’s antecedents and meaning.
Robert Graves (The Reader Over Your Shoulder: A Handbook for Writers of English Prose)
Some persons fancy that bias and counter-bias are favorable to the extraction of truth–that hot and partisan debate is the way to investigate. This is the theory of our atrocious legal procedure. But Logic puts its heel upon this suggestion. It irrefragably demonstrates that knowledge can only be furthered by the real desire for it, and that the methods of obstinacy, of authority and every mode of trying to reach a foregone conclusion, are absolutely of no value. These things are proved. The reader is at liberty to think so or not as long as the proof is not set forth, or as long as he refrains from examining it. Just so, he can preserve, if he likes, his freedom of opinion in regard to the propositions of geometry; only, in that case, if he takes a fancy to read Euclid, he will do well to skip whatever he finds with A, B, C, etc., for, if he reads attentively that disagreeable matter, the freedom of his opinion about geometry may unhappily be lost forever.
Charles Sanders Peirce (The Essential Peirce: Selected Philosophical Writings, Volume 1 (1867-1893))
The Fifth Congress had recessed in July 1798 without declaring war against France, but in the last days before adjourning it did approve other measures championed by Abigail Adams that aided in the undoing of her husband—the Alien and Sedition Acts. Worried about French agents in their midst, the lawmakers passed punitive measures changing the rules for naturalized citizenship and making it legal for the U.S. to round up and detain as “alien enemies” any men over the age of fourteen from an enemy nation after a declaration of war. Abigail heartily approved. But it was the Sedition Act that she especially cheered. It imposed fines and imprisonment for any person who “shall write, print, utter, or publish…any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States, or the President of the United States” with the intent to defame them. Finally! The hated press would be punished. To Abigail’s way of thinking, the law was long overdue. (Of course she was ready to use the press when it served her purposes, regularly sending information to relatives and asking them to get it published in friendly gazettes.) Back in April she had predicted to her sister Mary that the journalists “will provoke measures that will silence them e’er long.” Abigail kept up her drumbeat against newspapers in letter after letter, grumbling, “Nothing will have an effect until Congress pass a Sedition Bill, which I presume they will do before they rise.” Congress could not act fast enough for the First Lady: “I wish the laws of our country were competent to punish the stirrer up of sedition, the writer and printer of base and unfounded calumny.” She accused Congress of “dilly dallying” about the Alien Acts as well. If she had had her way, every newspaperman who criticized her husband would be thrown in jail, so when the Alien and Sedition Acts were passed and signed, Abigail still wasn’t satisfied. Grumping that they “were shaved and pared to almost nothing,” she told John Quincy that “weak as they are” they were still better than nothing. They would prove to be a great deal worse than nothing for John Adams’s political future, but the damage was done. Congress went home. So did Abigail and John Adams.
Cokie Roberts (Ladies of Liberty: The Women Who Shaped Our Nation)
Cannabis, the sensation that had reignited in America and helped bring hemp’s recreational usage back to prominence in a quiet, steady British counter-culture, had helped dispel much of the prejudice, entitlement and arrogance that had eluded the careful eye of Simon’s mother, undermining her care during the once-restlessly energetic yet gentle soul’s dedicated mothering of the studious boy. It took root in his thoughts and expectations. Bravado and projection replaced genuine yet understated confidence; much of that which had been endearing in him ceased to be seen, to his mother’s despondency. A bachelor of the arts, the blissfully apathetic raconteur left university, having renounced his faith and openly claiming to feel no connection, either socially or intellectually with the student life and further study. Personal failures and parental despair combined to sober the-21yr old frustrated essayist and tentative poet. Cannabis, ironically sought following the conclusion of his stimulant-fuelled student years, had finally levelled him out, and provided the introspection needed to dispel the lesser demons of his nature. Reefer Madness, such insanity – freely distributed for the mass-consumer audience of the west! Curiosity pushed the wealthy young man’s interest in the plant to an isolated purchase, and thence to regular use. Wracked by introspection, the young man struggled through several months of instability and self-doubt before readjusting his focus to chase goals. Once humorous, Reefer Madness no longer amused him, and he dedicated an entire afternoon to writing an ultimately unpublished critique of the film, that descended into an impassioned defence of the plant. He began to watch with keen interest, as the critically-panned debacle of sheer slapstick silliness successfully struck terror into the hearts of a large section of non-marijuana smoking people in the west. The dichotomy of his own understanding and perception only increased the profound sense of gratitude Simon felt for the directional change in which his life was heading. It helped him escape from earlier attachments to the advantage of his upbringing, and destroyed the arrogance that, he realised with shock, had served to cloud years of his judgement. Thus, positive energy led to forward momentum; the mental readjustment silenced doubts, which in turn brought peace, and hope.
Daniel S. Fletcher (Jackboot Britain)
Revitalized and healthy, I started dreaming new dreams. I saw ways that I could make a significant contribution by sharing what I’ve learned. I decided to refocus my legal practice on counseling and helping start-up companies avoid liability and protect their intellectual property. To share some of what I know, I started a blog, IP Law for Startups, where I teach basic lessons on trade secrets, trademarks, copyrights, and patents and give tips for avoiding the biggest blunders that destroy the value of intellectual assets. Few start-up companies, especially women-owned companies that rarely get venture capital funding, can afford the expensive hourly rates of a large law firm to the get the critical information they need. I feel deeply rewarded when I help a company create a strategy that protects the value of their company and supports their business dreams. Further, I had a dream to help young women see their career possibilities. In partnership with my sister, Julie Simmons, I created lookilulu.com, a website where women share their insights, career paths, and ways they have integrated motherhood with their professional pursuits. When my sister and I were growing up on a farm, we had a hard time seeing that women could have rewarding careers. With Lookilulu® we want to help young women see what we couldn’t see: that dreams are not linear—they take many twists and unexpected turns. As I’ve learned the hard way, dreams change and shift as life happens. I’ve learned the value of continuing to dream new dreams after other dreams are derailed. I’m sure I’ll have many more dreams in my future. I’ve learned to be open to new and unexpected opportunities. By way of postscript, Jill writes, “I didn’t grow up planning to be lawyer. As a girl growing up in a small rural town, I was afraid to dream. I loved science, but rather than pursuing medical school, I opted for low-paying laboratory jobs, planning to quit when I had children. But then I couldn’t have children. As I awakened to the possibility that dreaming was an inalienable right, even for me, I started law school when I was thirty; intellectual property combines my love of law and science.” As a young girl, Jill’s rightsizing involved mustering the courage to expand her dreams, to dream outside of her box. Once she had children, she again transformed her dreams. In many ways her dreams are bigger and aim to help more people than before the twists and turns in her life’s path.
Whitney Johnson (Dare, Dream, Do: Remarkable Things Happen When You Dare to Dream)
Let us have peace." But there was the black man looming like a dark ghost on the horizon. He was the child of force and greed, and the father of wealth and war. His labor was indispensable, and the loss of it would have cost many times the cost of the war. If the Negro has been silent, his very presence would have announced his plight. He was not silence. He was in usual evidence. He was writing petitions, making speeches, parading with returned soldiers, reciting his adventures as slave and freeman. Even dumb and still, he must be noticed. His poverty has to be relieved, and emancipation in his case had to mean poverty. If he had to work, he had to have land and tools. If his labor was in reality to be free labor, he had to have legal freedom and civil rights. His ignorance could only be removed by that very education which the law of the South had long denied him and the custom of the North had made exceedingly difficult. Thus civil status and legal freedom, food, clothes and tools, access to land and help to education, were the minimum demands of four million laborers, and these demands no man could ignore, Northerner or Southerner, Abolitionist or Copperhead, laborer or captain of industry. How did the nation face this paradox and dilemma?
W.E.B. Du Bois (Black Reconstruction in America)
I’m going to be discussing some of the common attitudes held by people writing about free will. These come in four basic flavors: The world is deterministic and there’s no free will. In this view, if the former is the case, the latter has to be as well; determinism and free will are not compatible. I am coming from this perspective of “hard incompatibilism.” The world is deterministic and there is free will. These folks are emphatic that the world is made of stuff like atoms, and life, in the elegant words of psychologist Roy Baumeister (currently at the University of Queensland in Australia), “is based on the immutability and relentlessness of the laws of nature.” No magic or fairy dust involved, no substance dualism, the view where brain and mind are separate entities. Instead, this deterministic world is viewed as compatible with free will. This is roughly 90 percent of philosophers and legal scholars, and the book will most often be taking on these “compatibilists.” The world is not deterministic; there’s no free will. This is an oddball view that everything important in the world runs on randomness, a supposed basis of free will. We’ll get to this in chapters 9 and 10. The world is not deterministic; there is free will. These are folks who believe, like I do, that a deterministic world is not compatible with free will—however, no problem, the world isn’t deterministic in their view, opening a door for free-will belief. These “libertarian incompatibilists” are a rarity, and I’ll only occasionally touch on their views.
Robert M. Sapolsky (Determined: A Science of Life without Free Will)
There are three key things that matter in having a voice: audibility, credibility, and consequence. Audibility means that you can be heard, that you have not been pressed into silence or kept out of the areas of where you can speak or write or denied the education to do so or in the age of social media, been harassed and threatened and driven off the platform as so many have. Credibility means that when you get into those arenas, people are willing to believe you, by which I don't mean that women never lie, but that stories should be measured on their own terms and context, rather than patriarchy's insistence that women are categorically unqualified to speak. Emotional, rather than rational. Vindictive, incoherent, delusional, manipulative. Unfit to be heeded. Those things often shouted over a women in the process of saying something challenging. Though now death threat are used as a short-cut, and some of those threats are carried out. Notably with women who leave their abusers, because silencing can be conversational or can be premeditated murder. To be a person of consequence is to matter. If you matter, you have rights, and your words serve those rights. And give you the power to bear witness, make agreements, set boundaries. If you have consequence, your words possess the authority to determine what does and does not happen to you. The power that underlies the concept of consent as part of equality in self-determination. Even legally, women's words have lacked consequence. And only in a few scattered places on earth, could women vote before the 20th century, and not so many decades ago, women rarely became lawyers and judges.
Rebecca Solnit (Recollections of My Nonexistence: A Memoir)
In the real world, however, the claim that censorship or enforced orthodoxy protects minorities and the marginalized has been comprehensively disproved, again and again and again. “Censorship has always been on the side of authoritarianism, conformity, ignorance, and the status quo,” write Erwin Chemerinsky and Howard Gillman in their book Free Speech on Campus, “and advocates for free speech have always been on the side of making societies more democratic, more diverse, more tolerant, more educated, and more open to progress.”30 They and former American Civil Liberties Union president Nadine Strossen, in her powerful book Hate: Why We Should Resist It with Free Speech, Not Censorship, list the horrors and oppressions which have befallen minorities in the name of making society safe from dangerous ideas. “Laws censoring ‘hate speech’ have predictably been enforced against those who lack political power,” writes Strossen.31 In America, under the Alien and Sedition Acts, authorities censored and imprisoned sympathizers of the opposition party (including members of Congress) and shut down opposition newspapers; under the Comstock laws, they censored works by Aristophanes, Balzac, Oscar Wilde, and James Joyce (among others); under the World War I anti-sedition laws, they convicted more than a thousand peace activists, including the Socialist presidential candidate Eugene V. Debs, who ran for president in 1920 from a prison cell.32 In more recent times, when the University of Michigan adopted one of the first college speech codes in 1988, the code was seized upon to charge Blacks with racist speech at least twenty times.33 When the United Kingdom passed a hate-speech law, the first person to be convicted was a Black man who cursed a white police officer.34 When Canadian courts agreed with feminists that pornography could be legally restricted, authorities in Toronto promptly charged Canada’s oldest gay bookstore with obscenity and seized copies of the lesbian magazine Bad Attitude.35 All around the world, authorities quite uncoincidentally find that “hateful” and “unsafe” speech is speech which is critical of them—not least in the United States, where, in 1954, the U.S. Postal Service used obscenity laws to censor ONE, a gay magazine whose cover article (“You Can’t Print It!”) just happened to criticize the censorship policies of the U.S. Postal Service.
Jonathan Rauch (The Constitution of Knowledge: A Defense of Truth)
I WANT TO end this list by talking a little more about the founding of Pixar University and Elyse Klaidman’s mind-expanding drawing classes in particular. Those first classes were such a success—of the 120 people who worked at Pixar then, 100 enrolled—that we gradually began expanding P.U.’s curriculum. Sculpting, painting, acting, meditation, belly dancing, live-action filmmaking, computer programming, design and color theory, ballet—over the years, we have offered free classes in all of them. This meant spending not only the time to find the best outside teachers but also the real cost of freeing people up during their workday to take the classes. So what exactly was Pixar getting out of all of this? It wasn’t that the class material directly enhanced our employees’ job performance. Instead, there was something about an apprentice lighting technician sitting alongside an experienced animator, who in turn was sitting next to someone who worked in legal or accounting or security—that proved immensely valuable. In the classroom setting, people interacted in a way they didn’t in the workplace. They felt free to be goofy, relaxed, open, vulnerable. Hierarchy did not apply, and as a result, communication thrived. Simply by providing an excuse for us all to toil side by side, humbled by the challenge of sketching a self-portrait or writing computer code or taming a lump of clay, P.U. changed the culture for the better. It taught everyone at Pixar, no matter their title, to respect the work that their colleagues did. And it made us all beginners again. Creativity involves missteps and imperfections. I wanted our people to get comfortable with that idea—that both the organization and its members should be willing, at times, to operate on the edge. I can understand that the leaders of many companies might wonder whether or not such classes would truly be useful, worth the expense. And I’ll admit that these social interactions I describe were an unexpected benefit. But the purpose of P.U. was never to turn programmers into artists or artists into belly dancers. Instead, it was to send a signal about how important it is for every one of us to keep learning new things. That, too, is a key part of remaining flexible: keeping our brains nimble by pushing ourselves to try things we haven’t tried before. That’s what P.U. lets our people do, and I believe it makes us stronger.
Ed Catmull (Creativity, Inc.: an inspiring look at how creativity can - and should - be harnessed for business success by the founder of Pixar)
Politicians are the only people in the world who create problems and then campaign against them. Have you ever wondered why, if both the Democrats and Republicans are against deficits, we have deficits? Have you ever wondered why if all politicians are against inflation and high taxes, we have inflation and high taxes? You and I don’t propose a federal budget. The president does. You and I don’t have Constitutional authority to vote on appropriations. The House of Representatives does. You and I don’t write the tax code. Congress does. You and I don’t set fiscal policy. Congress does. You and I don’t control monetary policy. The Federal Reserve Bank does. One hundred senators, 435 congressmen, one president and nine Supreme Court justices — 545 human beings out of 235 million — are directly, legally, morally and individually responsible for the domestic problems that plague this country. I excused the members of the Federal Reserve Board because that problem was created by the Congress. In 1913, Congress delegated its Constitutional duty to provide a sound currency to a federally chartered by private central bank. I exclude all of the special interests and lobbyists for a sound reason. They have no legal authority. They have no ability to coerce a senator, a congressman or a president to do one cotton-picking thing. I don’t care if they offer a politician $1 million in cash. The politician has the power to accept or reject it. No matter what the lobbyist promises, it is the legislators’ responsibility to determine how he votes. Don’t you see the con game that is played on the people by the politicians? Those 545 human beings spend much of their energy convincing you that what they did is not their fault. They cooperate in this common con regardless of party. What separates a politician from a normal human being is an excessive amount of gall. No normal human being would have the gall of Tip O’Neill, who stood up and criticized Ronald Reagan for creating deficits. The president can only propose a budget. He cannot force the Congress to accept it. The Constitution, which is the supreme law of the land, gives sole responsibility to the House of Representatives for originating appropriations and taxes. Those 545 people and they alone are responsible. They and they alone should be held accountable by the people who are their bosses — provided they have the gumption to manage their own employees.
Charley Reese
I have been frequently asked how I felt when I found myself in a free State. I have never been able to answer the question with any satisfaction to myself. It was a moment of the highest excitement I ever experienced. I suppose I felt as one may imagine the unarmed mariner to feel when he is rescued by a friendly man-of-war from the pursuit of a pirate. In writing to a dear friend, immediately after my arrival at New York, I said I felt like one who had escaped a den of hungry lions. This state of mind, however, very soon subsided; and I was again seized with a feeling of great insecurity and loneliness. I was yet liable to be taken back, and subjected to all the tortures of slavery. This in itself was enough to damp the ardor of my enthusiasm. But the loneliness overcame me. There I was in the midst of thousands, and yet a perfect stranger; without home and without friends, in the midst of thousands of my own brethren--children of a common Father, and yet I dared not to unfold to any one of them my sad condition. I was afraid to speak to any one for fear of speaking to the wrong one, and thereby falling into the hands of money-loving kidnappers, whose business it was to lie in wait for the panting fugitive, as the ferocious beasts of the forest lie in wait for their prey. The motto which I adopted when I started from slavery was this--"Trust no man!" I saw in every white man an enemy, and in almost every colored man cause for distrust. It was a most painful situation; and, to understand it, one must needs experience it, or imagine himself in similar circumstances. Let him be a fugitive slave in a strange land--a land given up to be the hunting-ground for slaveholders--whose inhabitants are legalized kidnappers--where he is every moment subjected to the terrible liability of being seized upon by his fellowmen, as the hideous crocodile seizes upon his prey!--I say, let him place himself in my situation--without home or friends--without money or credit--wanting shelter, and no one to give it-- wanting bread, and no money to buy it,--and at the same time let him feel that he is pursued by merciless men-hunters, and in total darkness as to what to do, where to go, or where to stay,--perfectly helpless both as to the means of defence and means of escape,--in the midst of plenty, yet suffering the terrible gnawings of hunger,--in the midst of houses, yet having no home,--among fellow-men, yet feeling as if in the midst of wild beasts, whose greediness to swallow up the trembling and half-famished fugitive is only equalled by that with which the monsters of the deep swallow up the helpless fish upon which they subsist,--I say, let him be placed in this most trying situation,--the situation in which I was placed, --then, and not till then, will he fully appreciate the hardships of, and know how to sympathize with, the toil-worn and whip-scarred fugitive slave.
Frederick Douglass (Narrative of the Life of Frederick Douglass)
In their eagerness to eliminate from history any reference to individuais and individual events, collectivist authors resorted to a chimerical construction, the group mind or social mind. At the end of the eighteenth and beginning of the nineteenth centuries German philologists began to study German medieval poetry, which had long since fallen into oblivion. Most of the epics they edited from old manuscripts were imitations of French works. The names of their authors—most of them knightly warriors in the service of dukes or counts—were known. These epics were not much to boast of. But there were two epics of a quite different character, genuinely original works of high literary value, far surpassing the conventional products of the courtiers: the Nibelungenlied and the Gudrun. The former is one of the great books of world literature and undoubtedly the outstanding poem Germany produced before the days of Goethe and Schiller. The names of the authors of these masterpieces were not handed down to posterity. Perhaps the poets belonged to the class of professional entertainers (Spielleute), who not only were snubbed by the nobility but had to endure mortifying legal disabilities. Perhaps they were heretical or Jewish, and the clergy was eager to make people forget them. At any rate the philologists called these two works "people's epics" (Volksepen). This term suggested to naive minds the idea that they were written not by individual authors but by the "people." The same mythical authorship was attributed to popular songs (Volkslieder) whose authors were unknown. Again in Germany, in the years following the Napoleonic wars, the problem of comprehensive legislative codification was brought up for discussion. In this controversy the historical school of jurisprudence, led by Savigny, denied the competence of any age and any persons to write legislation. Like the Volksepen and the Volkslieder, a nation s laws, they declared, are a spontaneous emanation of the Volksgeist, the nations spirit and peculiar character. Genuine laws are not arbitrarily written by legislators; they spring up and thrive organically from the Volksgeist. This Volksgeist doctrine was devised in Germany as a conscious reaction against the ideas of natural law and the "unGerman" spirit of the French Revolution. But it was further developed and elevated to the dignity of a comprehensive social doctrine by the French positivists, many of whom not only were committed to the principies of the most radical among the revolutionary leaders but aimed at completing the "unfinished revolution" by a violent overthrow of the capitalistic mode of production. Émile Durkheim and his school deal with the group mind as if it were a real phenomenon, a distinct agency, thinking and acting. As they see it, not individuais but the group is the subject of history. As a corrective of these fancies the truism must be stressed that only individuais think and act. In dealing with the thoughts and actions of individuais the historian establishes the fact that some individuais influence one another in their thinking and acting more strongly than they influence and are influenced by other individuais. He observes that cooperation and division of labor exist among some, while existing to a lesser extent or not at ali among others. He employs the term "group" to signify an aggregation of individuais who cooperate together more closely.
Ludwig von Mises (Theory and History: An Interpretation of Social and Economic Evolution)
It’s not always so easy, it turns out, to identify your core personal projects. And it can be especially tough for introverts, who have spent so much of their lives conforming to extroverted norms that by the time they choose a career, or a calling, it feels perfectly normal to ignore their own preferences. They may be uncomfortable in law school or nursing school or in the marketing department, but no more so than they were back in middle school or summer camp. I, too, was once in this position. I enjoyed practicing corporate law, and for a while I convinced myself that I was an attorney at heart. I badly wanted to believe it, since I had already invested years in law school and on-the-job training, and much about Wall Street law was alluring. My colleagues were intellectual, kind, and considerate (mostly). I made a good living. I had an office on the forty-second floor of a skyscraper with views of the Statue of Liberty. I enjoyed the idea that I could flourish in such a high-powered environment. And I was pretty good at asking the “but” and “what if” questions that are central to the thought processes of most lawyers. It took me almost a decade to understand that the law was never my personal project, not even close. Today I can tell you unhesitatingly what is: my husband and sons; writing; promoting the values of this book. Once I realized this, I had to make a change. I look back on my years as a Wall Street lawyer as time spent in a foreign country. It was absorbing, it was exciting, and I got to meet a lot of interesting people whom I never would have known otherwise. But I was always an expatriate. Having spent so much time navigating my own career transition and counseling others through theirs, I have found that there are three key steps to identifying your own core personal projects. First, think back to what you loved to do when you were a child. How did you answer the question of what you wanted to be when you grew up? The specific answer you gave may have been off the mark, but the underlying impulse was not. If you wanted to be a fireman, what did a fireman mean to you? A good man who rescued people in distress? A daredevil? Or the simple pleasure of operating a truck? If you wanted to be a dancer, was it because you got to wear a costume, or because you craved applause, or was it the pure joy of twirling around at lightning speed? You may have known more about who you were then than you do now. Second, pay attention to the work you gravitate to. At my law firm I never once volunteered to take on an extra corporate legal assignment, but I did spend a lot of time doing pro bono work for a nonprofit women’s leadership organization. I also sat on several law firm committees dedicated to mentoring, training, and personal development for young lawyers in the firm. Now, as you can probably tell from this book, I am not the committee type. But the goals of those committees lit me up, so that’s what I did. Finally, pay attention to what you envy. Jealousy is an ugly emotion, but it tells the truth. You mostly envy those who have what you desire. I met my own envy after some of my former law school classmates got together and compared notes on alumni career tracks. They spoke with admiration and, yes, jealousy, of a classmate who argued regularly before the Supreme Court. At first I felt critical. More power to that classmate! I thought, congratulating myself on my magnanimity. Then I realized that my largesse came cheap, because I didn’t aspire to argue a case before the Supreme Court, or to any of the other accolades of lawyering. When I asked myself whom I did envy, the answer came back instantly. My college classmates who’d grown up to be writers or psychologists. Today I’m pursuing my own version of both those roles.
Susan Cain (Quiet: The Power of Introverts in a World That Can't Stop Talking)
In the 1990s legal scholar and public policy advocate Wendy Kaminer published a brace of books engaged with the New Age cultures of recovery and self-help. She represented an Old Left perspective on new superstition, and although she was of the same generation as the cultural studies scholars, she did exactly what Andrew Ross warned academics and elites against. She criticized the middlebrow, therapeutic culture of self-help for undermining critical thinking in popular discourse. She encouraged the debunking of superstition, deplored public professions of piety. Her books were polemical and public interventions that were addressed to the maligned liberal and more or less thoughtful reader who took an interest in the issues of the day. In some ways, her writing was a popularization of some of psychoanalytic theory scholar, sociologist, and cultural critic Philip Rieff’s and Richard Hofstadter’s critiques of a therapeutic culture of anti-intellectualism.77 She speculated that the decline of secular values in the political sphere was linked to the rise of a culture of recovery and self-help that had come out of the popularization of New Age, countercultural beliefs and practices. In both I’m Dysfunctional, You’re Dysfunctional: The Recovery Movement and Other Self-Help Fashions and Sleeping with Extra-Terrestrials: The Rise of Irrationalism and the Perils of Piety, Kaminer publicly denounced the decline of secular culture and the rise of a therapeutic culture of testimony and self-victimization that brooked no dissent while demanding unprecedented leaps of faith from its adherents.78 Kaminer’s work combined a belief in Habermasian rational communication with an uncompromising skepticism about the ubiquity of piety that for her was shared by both conservatives and liberals. For Kaminer, argument and persuasion could no longer be operative when belief and subjective experience became the baseline proofs that underwrote public and private assertions. No speaker or writer was under any obligation to answer his or her critics because argument and testimony were fatefully blurred. When reasoned impiety was slowly being banished from public dialogue, political responsibility would inevitably wane. In the warm bath of generalized piety and radical plurality, everyone could assert a point of view, an opinion, and different beliefs, but no one was under any obligation to defend them. Whereas cultural studies scholars saw themselves contesting dominant forms of discourse and hegemonic forms of thinking, Kaminer saw them participating in a popular embrace of an irrational Counter-Enlightenment. Like Andrew Ross, Kaminer cited Franz Mesmer as an important eighteenth-century pioneer of twentieth-century alternative healing techniques. Mesmer’s personal charisma and his powers of psychic healing and invocation of “animal magnetism” entranced the European courts of the late eighteenth century. Mesmer performed miracle cures and attracted a devoted, wealthy following. Despite scandals that plagued his European career, the American middle class was eager to embrace his hybrid of folk practices and scientific-sounding proofs. Mesmerism projected an alternative mystical cosmology based upon magnets and invisible flows of energy. Mesmer, who was said to control the invisible magnetic flow of forces that operated upon human and animal bodies, built upon a network of wealthy patrons who were devoted to the powers of a charismatic leader, Mesmer himself. Mesmer’s manipulation of magnets and hands-on healing evoked for the French court the ancient arts of folk healing while it had recourse to ostensibly modern scientific proofs. Historian of the French eighteenth century Robert Darnton insisted that mesmerism could not be dismissed as mere quackery or charlatanism but represented a transitional worldview, one that bridged the Enlightenment and the particular forms of nineteenth-century Romanticism that followed.
Catherine Liu (American Idyll: Academic Antielitism as Cultural Critique)