by Varun Gauri

As a consequential Supreme Court term gets underway, with potentially large consequences for women’s autonomy and health, it’s worth thinking about the ways in which judges do or do not consider the real world consequences of their decisions.

In his confirmation hearings, Justice Roberts, like a Clark Kent intent on hiding his true identity, possibly embarrassed by the size of his ambitions and self-conception, adopted a pose of humility: On the bench, Roberts said, he would just call balls and strikes. No one goes to a ball game to watch the umpire. He wouldn’t pitch or bat, just call ‘em like he saw ‘em.

The metaphor can’t work for an apex constitutional court. The whole point is that the court has final say over the interpretation of the constitution; in other words, the justices determine the rules of the game, not just the size of the strike zone, at the margins. Nor does the metaphor work for lower level courts, which do not merely apply statutory law and judicial precedent, but strategically push the boundaries of laws, rules, and extant court opinions, which themselves are often purposefully vague or discretionary. As if umpires were saying, “Strike three! In my opinion. For now. If so and so is true.”

The metaphor also fails because umpires are participants in the game of baseball. They enforce the rules. If a batter says, “I know that’s three strikes, but I’m staying up here and taking another swing, anyway,” an umpire righteously tosses the batter from the game.

In contrast, in the United States (and most other countries) judges typically don’t enforce, or even monitor the effects of, their rulings. Read more »

The Dolomites in the South Tyrol, partially obscured by a low cloud layer, as seen from Spiluck at the end of August.

by Thomas Larson

Yesterday during a morning nap, Mrs. Jo Anglemire, a downstairs neighbor at the apartment complex where I live and the wife of Val, the maintenance man, died. I came home around noon, arriving moments after their adult daughter had heard the news. As I walked up, I could hear her shouting repeatedly, “No, not my mommy!” and “Daddy! Daddy! Make Mommy come back!” The words cut the air like mad hornets.

I walked up to their apartment. The screen door was propped open. Three people were in the living room. One man, tall and gaunt, stood alone. The other, heavy-set with shorts and long socks, stood holding the woman who wailed. The large man stood still, in an eerie frieze—arms clamped around her as she pushed her head up and screamed. He held tightly, her head giddy as if under the broadside of a fire hose. Leaning against the outside wall was a white-cushioned stretcher. I slumped against the doorjamb.

Her squalls kept on, piercing my muscles, weakening me. I turned away, walked toward the yard. “No, Daddy. She can live, Daddy. You can change it, Daddy. Daddy, you can change it!” She shrieked and gulped in her words, and some sobs got caught in a rhythmic clucking, seemingly unstoppable. Read more »

by Pranab Bardhan

All of the articles in this series can be found here.

I knew that Cambridge was by the river Cam, but the first day when I looked for it I could not find it. From the map I knew that on my way to the Economics Department I had to cross it, I stopped and looked around but I could not see anything like a river. Then I asked a passerby, and he pointed to what I had thought was a small ditch or a canal. It was difficult to take it as a river, as in India I was used to much bigger rivers. Over time, however, I saw the serene beauty of this mini-river, with its placid water by the weeping willows, the swans, gliding boats and all.

There was a time when the Cambridge Economics Department was one of the most famous in the world. By the time I went as a student its relative rank had declined somewhat, particularly compared with a few American universities, but it was still very high. As I was going to specialize in International Trade Theory, the professor who was assigned to supervise me was James Meade (later to get the Nobel Prize in that field). He was an extremely decent, soft-spoken, and modest man (he declined a knighthood). I was told that he was a superb musician (I occasionally heard him humming inside when I knocked at his door) and an excellent carpenter.

He was also an austere man. He usually gave me appointments at 8 AM; in wintry mornings when I arrived shivering from the long walk from my bed-sitter, I’d find that he had switched off the heating in his office (he, of course, asked me if I minded, but how could I). He was the most conscientious supervisor imaginable. He’d promptly and meticulously read all the writings I inflicted on him, write detailed comments on the margin, mark a few lines on some pages saying that he had not vetted those lines as the mathematics used there was somewhat beyond him, which I should get checked by someone else (at his urging, I had soon a joint supervisor appointed: Frank Hahn). Read more »

by David J. Lobina

Last time around I said I would bring this series on language and nationalism to an end by considering an actual example: the case of Catalan nationalism, a discussion likely to be testy. I still intend to do that, and to be a bit argumentative about it to boot; however, it has occurred to me in these last four weeks that the follow-up between the first three posts and the case study of Catalan nationalism is not as smooth as it should be. This is because of an issue I brought up in the last post, where I rather briefly mentioned that the Catalan case exemplified what is sometimes called a peripheral nationalist movement, in contrast to core nationalist movements. To this I should have added that in the case of peripheral nationalisms the historical process that turns a state or a country into a nation-state is slightly different to what is the case for core nationalisms – additional factors are involved – and this point deserves to be spelled out a little bit. I shall do just that this week, and I will come back to the Catalans, finally, in the next post.

As explained in the previous three posts, it is certainly noteworthy, though not at all surprising, that the word nation seems to have been initially used in history as a place name and only much later did the politically-laden term of nationalism actually appear. The feeling of belonging to a particular place, after all, has plausibly been a feature of human gatherings for centuries and it is not intrinsically tied to the concepts of “nation” or “nationalism” per se.

In medieval Europe at least, the village where a person was born was typically that person’s “country”, as the historian Henry Kamen has chronicled, and this sentiment was still present in many parts of the world well into the 20^th century. For instance, the Belorussian-speaking people of Polesia, a historical region stretching from modern Poland to Russia, simply replied ‘from here’ when asked about their nationality in a 1919 census, and even as recently as the 1950s, we have the curious case of captured Egyptian soldiers during the second Arab-Israeli war who seemed to know very little about their own country, instead identifying more strongly with their local villages.^[i] Read more »

by John Allen Paulos

The well-known counterintuitive Monty Hall problem continues to baffle people if the emails I receive are any indication. A meta-problem is to understand why so many people are unconvinced by the various solutions. Sometimes people even cite the large number of the unconvinced as proof that the solution is a matter of real controversy, just as in politics an inconvenient fact, such as the ubiquity of Covid-19, is obscured by fake controversies.

This analogy is a bit deeper than it may seem. So, first the original problem, which arose because of a television show, “Let’s Make a Deal,” that was popular in the ’60s and ’70s and has been resurrected in one form or another since then. In the show a contestant is presented with three doors, behind one of which, he or she is told, is a new car. The other two doors have nothing behind them.

“The Let’s Make a Deal” host, the eponymous Monty Hall, asks the contestant to pick one of the three doors. Once the contestant has done so, Monty opens one of the two remaining unpicked doors to reveal what, if anything, is behind it, but is careful never to open the door hiding the promised new car. After Monty has opened one of the two unpicked doors, he offers the contestant the chance to switch his or her choice. The question is: Should the contestant stay with the original choice of door and hope the car is behind it or switch to the remaining unopened door? Read more »

Looking Up

the horizon circle,
past which I can see no further
in any direction other than up,
hems me in,
but looking up I can see forever
or as far as lightspeed allows
or until more time passes
or, more truly,
until now shifts again,
but by then I will have passed,
whatever that means,
since to pass is merely a term
proffering a hint of understanding
without understanding,
but there’s so much hint in being alive
the truth of our metaphysical deficiencies
has become second nature, acceptable,
we’ve become creatures of sacred
misunderstandings,
we live by them
never silent
looking up

Jim Culleny
9/21/21

by Mike O’Brien

Some readers, having a particular taste in humour, will guess the subject of this piece from the title. “Just an old lump of coal” was a favoured expression of self-reference for the recently deceased comedian Norm Macdonald, who died on September 14th. It was typical of the archaic and self-deprecatory style that marked his career, a poetic and perfomatively (though not necessarily substantively) confessional body of work that seemed sparse in volume but rich in depth. I say that his confession was not necessarily substantive because I didn’t know him, and am not privy to the facts of his life and the contents of his heart. He may have been affecting an unaffected style for dramatic effect. Or he may have been baring his soul earnestly, while allowing his audience to laud him, mistakenly, for so artfully feigning candour. I don’t know which is the case. Nor, it seems, do many who did know him, if not intimately than at least closely and with ample time for exposure. A formidable trick, that, to keep secrets in a business where self-exposure is considered the primary means of production.

Much has been made of the fact that he had cancer for the last nine years, a fact he kept private for fear of polluting his audience’s reactions with sympathy, or worse, pity. Or maybe he just didn’t want to be bothered by well-wishers and news hounds. Or, more maybe still, he just didn’t think anyone needed or was owed any information about his life beyond what he chose to share or fabricate. Read more »

Robert Dash. Flower Bud of the Arbequina Olive Tree (black olives).

Microphotography, from National Geographic.

by Nicola Sayers 

What is it to be twenty? Forty? Sixty? Eighty? These points that mark the four quarters of a life — fifths if you’re lucky, larger portions if you’re not. 

*

We read the book together, my mother and I. The book, a work of autofiction, is Siri Hustvedt’s Memories of the Future, and it tells the story of a twenty-three year old (S.H.) arriving in New York in 1978, and of the same woman in 2016, aged sixty-one, as she discovers her old journals from that earlier time. As we read, I am forty and my mother over seventy, although how much over I cannot say. I have learnt that there are those who treat you differently when they know your age, regardless of your health or vitality. That age is a signifier that in the end betrays you. 

*

‘Then’ and ‘now’. Hustvedt draws attention to these words, these perspectives, again and again as she sets her reader up. Her central concern is with how a person changes between then and now; her central question, what remains of that girl? 

*

The young S.H. could be any young, reflective woman setting out to soak up what the world has to offer. I admit to feeling a particular affinity with Hustvedt: Scandinavian roots, Jewish husband, PhD in literature before focussing on her own writing. But her story is in truth an archetypal one. She could be Felicity from the eponymous 90s TV-drama, going to New York in search of her crush Ben and of herself; or Jo from Little Women, heading off with pen and persistence to discover, write and right the world. 

And so, I arrive in the city I have seen in films and have read about in books, which is New York City but also other cities, Paris and London and St. Petersburg, the city of the hero’s fortunes and misfortunes, a real city that is also an imaginary city.

I am reminded by Hustvedt’s prose of Joan Didion’s famous essay ‘Goodbye to all That’ about her experiences as a young person in New York, and about leaving it all behind. For both Hustvedt and Didion the defining experience of youth is of life as a field of possibility: Who will you meet? What will you do? Who will you love? What will you be? Read more »

by Mary Hrovat

1. The public library is holding a book or DVD for me.

2. I’m going to see my older son and his family.

3. It’s dusk, and I love to walk in the twilight.

4. It’s late in the evening, a few days before Christmas 2019, and my younger son has just arrived from out of town. He’d like to drop off his rental car, and I decide to go with him to the rental lot so we can walk back to my house together. We stride through the chilly hush of a college town on Christmas break, past colorful lights and down dark familiar streets, talking and laughing.

5. The dew point is below 60°F, and it’s not too hot. I might as well make the most of this break from the heat and get out for a bit.

6. The university library is holding a book for me.

7. I want to see the ginkgo trees in the park in all their autumn glory.

8. It’s been raining heavily all day, and it’s still coming down pretty hard. But I’m out of lettuce, and these library books won’t return themselves. Also, I’m curious about whether the creek running through campus has overrun its banks. (It has.) Read more »

by Charlie Huenemann

In discussion with Moritz Schlick and Friedrich Waisman in 1929, Ludwig Wittgenstein said he knew what Heidegger was getting at in his murky assertions about Dasein and Angst. The only problem, Wittgenstein thought, was that humans just cannot speak intelligibly about the highest or deepest things. Not even Heidegger.

“Think, for instance, of the astonishment that anything exists. This astonishment cannot be expressed in the form of a question, and there is also no answer to it. All that we can say can only, a priori, be nonsense. Nevertheless we run up against the boundaries of language. Kierkegaard also saw this running-up and similarly pointed it out (as running up against the paradox). This running up against the boundaries of language is Ethics. I hold it certainly to be very important that one makes an end to all the chatter about ethics – whether there can be knowledge in ethics, whether there are values, whether the Good can be defined, etc. In ethics one always makes the attempt to say something which cannot concern and never concerns the essence of the matter. It is a priori certain: whatever one may give as a definition of the Good – it is always only a misunderstanding to suppose that the expression corresponds to what one actually means (Moore). But the tendency to run up against shows something. The holy Augustine already knew this when he said: ‘What, you scoundrel, you would speak no nonsense? Go ahead and speak nonsense – it doesn’t matter.’”

In this discussion, Wittgenstein was still operating mostly in his Tractatus mode —  the one in which he imperiously scolds anyone who fails to assert a meaningful proposition according to the Seven Canonical Assertions carved into his monolithic Tractatus Logico-Philosophicus. But we can sense in these remarks that a shift is taking place, as Wittgenstein is no doubt growing up and realizing that the main business of life is filled with nonsense. The meanings of our assertions, as he claimed later in the Philosophical Investigations, are inextricably tangled up with getting things done and living with others. A group of philosophers bound solely to the dictates of the Tractatus would be a sorry, feckless lot — like the logical positivists. Read more »

by Mark Harvey

It’s hard to know what the old west was really like as we’ve been so inundated with Hollywood films depicting the west as an eternal gunfight between good guys and bad guys, cowboys and Indians, and the unshaven versus the upstanding townsfolk. Westerns have had an outsized impact on our understanding of the times and just a few directors shaped our grasp of that history more than any books ever written. In fact, some of the most popular and influential western films were directed by an Italian named Sergio Leone who was born in Rome in 1929, about 6,000 miles from where the fight at the OK Corral took place. Leone directed A Fistful of Dollars (Per un pugno di dollari, in Italian), For a Few Dollars More, and The Good, the Bad and the Ugly. Leone’s films popularized “spaghetti westerns,” so named because so many were being produced in Italy where it was cheaper to make movies. By some sort of alignment of the stars, Leone happened to be a childhood classmate of the great composer Ennio Morricone, who wrote over 400 movie scores. Morricone wrote the scores for several of Leone’s films, including the Dollars trilogy, and his music with the haunting, menacing whistles and twangy guitar guided Clint Eastwood on his adventures of killing lots of bad guys with greasy faces and half-chewed cheroots. Read more »

by Thomas O’Dwyer

In the new Apple TV series, The Foundation, based on the novels of Isaac Asimov, two mathematicians, an old man and a young woman, wrestle with the concept of psychohistory and what it means for the future of the Imperial Galaxy. Psychohistory combines history, sociology, and mathematical models to predict the future behaviour of very large groups of people. The girl, Gaal Dornick, generates a holographic model designed by her mentor Hari Seldon. She sees a swarm of particles representing trillions of people forming patterns of growth and decay across thousands of millennia, predicting the looming collapse of civilisation. It seems the grand ideas of the classic science fiction writers are back among us after decades of wandering lost in the intellectual deserts of Hollywood, where the clash of alien cultures often became thin remakes of American cowboy and Injun battles of yore. The intelligent swarm of equations in Foundation immediately brought to mind the restless, mysterious, sentient ocean of the planet Solaris in the novel by the Polish author, Stanislaw Lem. The Polish parliament has officially declared 2021 to be Stanislaw Lem Year in honour of its native genius, 100 years after his birth. Read more »

I’ve been buying and trying out some new hot sauces recently, in this case with my lunch of khichri (red lentils and rice cooked together) and a chicken seekh kabab. Here are my brief ratings of these fiery condiments (from the left) on a scale of 1 to 5 stars:

• El Yucateco Habanero Black Reserve: ★★★, not much flavor, lot of heat.
• La Meridana Mango Habanero: ★★★★, nice combo of sweet mango flavor and heat.
• El Yucateco Chipotle: ★★★★★, tastes like a hot tamarind chutney, v. good.
• Cholula Chipotle: ★★, too watery, not enough flavor or heat.
• Clemente Jacques Chipotles Molidos: ★★★★, excellent and second only to freshly blended chipotle peppers in adobe sauce.

by Mindy Clegg

It’s the beginning of fall and the Halloween season! As we’re still somewhat locked down (though we should be MORE locked down, if you ask me), why not a recommendation for a horror film that addresses some aspect of modern history? In this case, the Bosnian War. Humans have long loved to be scared. Mythologies from around the world include elements of horror, showing how it seems to be a universal aspect of storytelling as scholars who study folklore and mythology have shown, such as Emily Zarka of the PBS show Monstrum.

But why do we still embrace being scared for an hour and a half despite being fully modern subjects in a more “enlightened” era? Kath Bates argued that humans seek out these thrills because they are scares that we can control. Writer and artist Merrie Destefano gave a more comprehensive set of reasons for our modern embrace of the macabre including proving to ourselves that we can overcome our fears. I would add that horror stories can help us to come to terms with horrific events in the the past that seem to defy our understanding of civilization. Put differently, horror as a film genre can help make the horrific in human history accessible for those outside of particular experiences. One example is The Maus, a horror film set in the woods near Srebrenica. Read more »