Opinion



STANLEY FISH

STANLEY FISH

Stanley Fish is a professor of law at Florida International University, in Miami, and dean emeritus of the College of Liberal Arts and Sciences at the University of Illinois at Chicago. He has also taught at the University of California at Berkeley, Johns Hopkins and Duke University. He is the author of 11 books, most recently “Save the World On Your Own Time,” on higher education. “The Fugitive in Flight,” a study of the 1960s TV drama, will be published in 2010.

March 15, 2010, 7:43 pm

Pragmatism’s Gift

“Pragmatic” is a compliment sometimes paid to politicians (Barack Obama’s supporters describe him that way), and it is often used as an honorific indicating a person of common sense who knows how to get things done. “Pragmatic” is also related (at least etymologically) to pragmatism, the name of a distinctively American philosophy that emerged in the early decades of the 20th century in the work of William James, John Dewey and C.S. Peirce. Pragmatism may or may not be an ethical program depending on whose version you are reading, but it always emphasizes the resources of historically given institutions and practices and de-emphasizes the role played in our lives by supra-historical essentialisms (God, faith, truth, reason, brute fact, overarching theory) even to the extent sometimes of denying their existence.

Pragmatism takes our hope away and tells us that all we can do is muddle through.

Like any philosophy pragmatism offers answers to the questions the tradition of philosophical inquiry has been Read more…


March 8, 2010, 10:15 pm

Do You Miss Him Yet?

A billboard along I-35 in Minnesota.Associated Press A billboard along I-35 in Minnesota.

I know you’re not supposed to, but I just love to say I told you so.

What I told you back on Sept. 28, 2008, was that within a year of the day he left office George W. Bush would come to be regarded with affection and a little nostalgia. The responses (over 300 before the comments were closed) to that prediction were overwhelmingly negative; even the very few who agreed with me attributed what they took to be a sad fact to the stupidity of the American people. The other 290 or so said things like “No way”; “Are you kidding?”; ”Are you mad?”;“What a ridiculous and insulting premise!”; “I’ll miss him like a rash”; “This must be a satire”; “Bush is a sociopath”; “George Bush has destroyed this country”; “History won’t forgive him”; and (a popular favorite) “I hate the man.”
Read more…


March 1, 2010, 9:00 pm

Little Big Men

Not long ago at some ungodly hour of the morning I saw an early Charles Bronson movie (“Showdown at Boot Hill”) in which the tough-guy actor played a bounty hunter driven by the fact that he was very short. Bronson (Luke Welch) spends some time explaining to his love interest that his entire life, including his decision to strap on a gun, has been a response to the humiliations visited on him because of his diminutive stature. Synopses of the movie on the Internet either do not mention this prominent aspect of the plot or touch on it only in passing, perhaps because it seems so much at odds with the figure Bronson cut (often semi-naked) in a series of famous movies — “The Magnificent Seven,” “The Great Escape,” “Hard Times,” “Chato’s Land,” “Mr. Majestyk” and, of course, in what sometimes seemed to be a series of innumerable and increasingly violent “Death Wish” movies.
Read more…


February 22, 2010, 6:00 pm

Are There Secular Reasons?

In the always-ongoing debate about the role of religion in public life, the argument most often made on the liberal side (by which I mean the side of Classical Liberalism, not the side of left politics) is that policy decisions should be made on the basis of secular reasons, reasons that, because they do not reflect the commitments or agendas of any religion, morality or ideology, can be accepted as reasons by all citizens no matter what their individual beliefs and affiliations. So it’s O.K. to argue that a proposed piece of legislation will benefit the economy, or improve the nation’s health, or strengthen national security; but it’s not O.K. to argue that a proposed piece of legislation should be passed because it comports with a verse from the book of Genesis or corresponds to the will of God.

A somewhat less stringent version of the argument permits religious reasons to be voiced in contexts of public decision-making so long as they have a secular counterpart: thus, citing the prohibition against stealing in the Ten Commandments is all right because there is a secular version of the prohibition rooted in the law of property rights rather than in a biblical command. In a more severe version of the argument, on the other hand, you are not supposed even to have religious thoughts when reflecting on the wisdom or folly of a piece of policy. Not only should you act secularly when you enter the public sphere; you should also think secularly.
Read more…


February 8, 2010, 9:30 pm

How the First Amendment Works

One of the respondents to my column on United Citizens, the corporate campaign funding case, declares, “Professor Fish is obviously an apologist for this bad decision” (Mark), while others are just as confident that I tip my hand in the other direction when I refer to the majority as “the usual suspects.”

The truth is that, as usual, I was not (until the last sentence) coming down on one side or the other, but attempting to lay out the assumptions that inform the majority and dissenting opinions, assumptions of which the justices may not be aware even as they are operating within them. I may have confused things a bit by saying at the end that I love the decision. What I meant is that I love the decision as a teacher because the number of issues it raises will keep a classroom discussion going for weeks, and that judgment is more than borne out by the wonderfully learned and spirited comments the column provoked.
Read more…


February 1, 2010, 9:30 pm

What Is the First Amendment For?

Citizens United v. Federal Election commission — the recent case in which the Supreme Court invalidated a statute prohibiting corporations and unions from using general treasury funds either to support or defeat a candidate in the 30 days before an election, and overruled an earlier decision relied on by the minority — has now been commented on by almost everyone, including the president of the United States in his state of the union address.

I would like to step back from the debate about whether the decision enhances our First Amendment freedoms or hands the country over to big-money interests, and read it instead as the latest installment in an ongoing conflict between two ways of thinking about the First Amendment and its purposes.
Read more…


January 28, 2010, 12:14 am

Showtime

He had us before he said hello. It was, in part, the look. Blue suit, but not the usual blue — subtler; red rep tie, white shirt, a skin color cosmetics and sun could never deliver, and, for much of the time, a big smile. It was the rock-star look in full Technicolor. Everyone else seemed to be in black and white. He dominated the screen and he did it with an ease that stopped just short of entitlement, an ease that said, in Chevy Chase fashion, “I’m the president and you’re not.”

Then there was the speech, soaring at the beginning and at the end, but in the middle a litany of specifics of the kind he did not offer in the long campaign of 2007-2008.
Read more…


January 25, 2010, 9:30 pm

Science and Religion, Lives and Rocks

My account of Barbara Herrnstein Smith’s new book, “Natural Reflections: Human Cognition at the Nexus of Science and Religion,” provoked many lengthy and serious comments in which a number of important issues were raised. The editors and I have invited Professor Smith to respond:

In his column here last week, Stanley Fish highlighted and discussed a particular line of argument in my book “Natural Reflections: Human Cognition at the Nexus of Science and Religion.” In a passage that especially interested him, I remark that even though scientific and religious teachings may be contradictory on some counts, a conflict between science and religion need not exist in the ongoing lives and experiences of individuals. For neither logic nor rationality requires that all our ideas, impulses, affections, and acts be mutually aligned all the time.
Read more…


January 18, 2010, 9:30 pm

Must There Be a Bottom Line?

Tomorrow, Jan. 19, marks the official publication of Barbara Herrnstein Smith’s “Natural Reflections: Human Cognition at the Nexus of Science and Religion.” The title would seem to identify the book as an addition to the ever-growing body of studies that explore the relationships and tensions between religion and science, usually with the intent either of declaring one epistemologically or morally superior to the other, or of insisting (somewhat piously) that the two are compatible if we avoid extreme claims and counterclaims, or of triumphantly announcing that science is a form of faith, or of purporting to demonstrate that religion can be explained in naturalist terms as an expression of the instinct to survive and propagate.

While Smith rehearses these theses and shows limited sympathy for some of them (and disdain for some others), her object in the book is to interrogate and critique the assumption informing the conversation in which these are the standard contentions. The assumption she challenges — or, rather, says we can do without — is that underlying it all is some foundation or nodal point or central truth or master procedure that, if identified, allows us to distinguish among ways of knowing and anoint one as the lodestar of inquiry. Read more…


January 11, 2010, 9:30 pm

The True Answer and the Right Answer

At the beginning of the new year I resolved to leave off writing “old grouch” columns, columns that chronicle my inability to negotiate modern life. But resolutions rarely stand in the face of provocation, and so here I go again.

My bank has been bought for the third time and once again I wasn’t consulted, which was all right the first two times, but this time everything went wrong in what was euphemistically called “the transition.”

First, all the numbers on my accounts were changed and in the new order the people at my bank (the same people who were there before) have no means of retrieving the old numbers, which have been erased from their institutional memory banks.

Second, the old credit cards were canceled, which meant that some automatic payments weren’t made on time and I received a notice of cancellation from my insurance company. The worst of it was that while the new credit cards were sent, they were returned by the postal authorities to the bank for reasons that remain a mystery. Read more…


Inside Opinionator

March 18, 2010
Lehman’s Demise, Dissected

If simple incentives had been in place on Wall Street, could the latest crisis have been largely avoided?

March 4, 2010
A Wall Street Witch Hunt

In 1987, Goldman Sachs made headlines for an insider trading arrest case marked by prosecutorial excess.

February 18, 2010
The Great Goldman Sachs Fire Sale of 2008

If everything was really under control after Lehman collapsed, why were Goldman executives dumping their stock by the bushelfull?

More From William D. Cohan »

March 17, 2010
The Purists

With purists at both ends of the political spectrum making it hard to govern, Dennis Kucinich’s reversal on health-care legislation seems brave, if overdue.

March 3, 2010
L.A. Consequential

Los Angeles is safer than it’s been in decades, having so far avoided the dire future many had predicted in the ’90s.

February 24, 2010
The Missionary Impulse

Zealous amateurs have damaged the efforts of more legitimate adoption services and relief agencies in Haiti.

More From Timothy Egan »

March 17, 2010
Is Passing the Health Care Bill Really a Bad Idea?

Gail Collins tries to talk David Brooks off the ledge.

March 12, 2010
Is the U.S. Following in Rome’s Footsteps?

Americans are in a bad mood. Is there a bright side?

March 5, 2010
In What Can We Trust?

Searching for reasons to be pessimistic these days is pretty easy.

More From The Conversation »

March 16, 2010
Christian Soldiers

The strategy that underlies many missionaries’ reverence for Allah.

March 9, 2010
Toyotas Are Safe (Enough)

A closer look at the statistics on death from sudden acceleration reveals why there’s little need to fear driving a Toyota.

February 23, 2010
The First Tea-Party Terrorist?

The man who crashed a small plane into an Austin I.R.S. office hoped to inspire an overreaction.

More From Robert Wright »

March 16, 2010
Divide and Diminish

The human impulse to parcel nature into smaller and smaller plots is a danger to biodiversity.

March 9, 2010
Breezy Love, or the Sacking of the Bees

The wind-pollination of flowers is a fascinating process, though perhaps less so if you suffer from allergies.

March 2, 2010
Evolution by the Grassroots

March’s Life-form of the Month is wildly successful, hugely influential and pretty much everywhere: grass.

More From Olivia Judson »

March 15, 2010
Pragmatism’s Gift

Is pragmatism just an academic philosophy, or can it help us live improved lives?

March 8, 2010
Do You Miss Him Yet?

As predicted, signs of nostalgia for George W. Bush.

March 1, 2010
Little Big Men

Many larger-than-life tough guys of the screen, it seems, just don’t measure up.

More From Stanley Fish »

March 11, 2010
Clarence Thomas, Silent but Sure

Justice Clarence Thomas has been silent on the bench, but his opinion that the Eighth Amendment doesn’t protect prisoners from harsh treatment is clear in his writing.

February 25, 2010
Missing the Tea Party

The Supreme Court’s campaign finance ruling has both angered conservatives and given the Obama administration an opportunity.

February 11, 2010
Saved by the Swiss

With some last-minute maneuvering, the Obama administration looks as if it will avoid a test of the limits of executive power at the Supreme Court.

More From Linda Greenhouse »

February 5, 2010
Oh, What a Lovely Mess!

NBC’s recent adventures in talk-show-host management remind one former talk-show host of his own adventures in prime time with another network.

January 22, 2010
Awesome, and Then Some

An on-set encounter with John Wayne revealed an unexpected side of the actor.

January 8, 2010
Why, I Oughta . . . and I Did

It took a local television host to bring a (professionally) even-tempered first-time author to the boiling point.

More From Dick Cavett »

All-Nighters
At Midnight, All the Doctors…
March 18, 2010
Home Fires
A Small Victory in Afghanistan
March 17, 2010
All-Nighters
Night Lights, Blankets and Lullabies
March 14, 2010
Steven Strogatz
Square Dancing
March 14, 2010
The Thread
Judging Obama’s ‘Pep Rally’
March 12, 2010

All Contributors »

Opinionator Highlights

A Small Victory in Afghanistan

As life slowly returns to a once devastated town in Afghanistan, a Marine who fought there takes solace.

Night Lights, Blankets and Lullabies

How children, and their parents, cope with the nightly passage into sleep.

In the Night Kitchen

Baking from memory in the wee hours of the morning.

Thumbnail
The A-to-Z Cure

Instead of counting sheep, listing ailments.

Home Fires: Narrative and Memory at War

All war tales, even “The Iliad,” must bend the truth to serve the needs of a well-crafted story.