In addition to law and language generally, this blog explores philosophy, translation, poetry (including my own poetry and translations), legal education reform, genealogy, rhetoric, politics, and other things that interest me from time to time. I consider all my poems and translations flawed works in progress, tweak them unpredictably, and consider the latest-posted versions the latest "final" forms. I'd enjoy others' thoughts on anything posted. © Harold Anthony Lloyd 2024
Saturday, December 10, 2016
Wake Forest Law Review Publishes "Revisiting Langdell: Legal Education Reform & The Lawyer's Craft"
The Wake Forest Law Review has published its 2015 Legal Education Reform Symposium volume entitled Revisiting Langdell: Legal Education Reform & The Lawyer's Craft. The volume can be purchased here and I hope it will make a positive difference in legal education reform.
My introductory article in the volume highlights longstanding, substantial damage Christopher Columbus Langdell has inflicted on law schools and legal education. Much of this damage stems from three of Langdell’s wrong and counterintuitive notions: (1) law is a science of principles and doctrines known with certainty and primarily traced through case law; (2) studying redacted appellate cases is “much the shortest and best, if not the only way” of learning such law; and (3) despite Langdell’s own roughly fifteen years of practice experience, practice experience taints one’s ability to teach law. I briefly highlight problems with, and harms resulting from, each of these wrong notions. Among other things, I briefly explore: (A) contradictions, oversights, and wrong assumptions in Langdell’s views; (B) how the very meanings of “theory” and “practice” reject Langdell; (C) how the necessary role of experience in meaning itself rejects Langdell; (D) parallels between Langdell and unworkable Cartesian dualism; and (E) how the necessary role of framing in the law rejects Langdell. I also briefly survey some remedies suggested by reason, experience, common sense, and modern cognitive psychology. These include rejecting the redacted appellate case method as a primary mode of instruction, recognizing the necessary fusion of theory and practice, recognizing the need for practice experience in law professors, recognizing the embodied nature of meaning and the resulting role of practice and simulation in good legal education, embracing the humanities (including classical rhetoric) in legal education, abandoning meaningless distinctions such as distinctions between “doctrinal” and “non-doctrinal” courses, and abandoning “caste” systems demeaning those with law practice experience and elevating those who lack such necessary experience. My introduction can be found here.
Friday, November 18, 2016
Pat McCrory Should Think Twice Before Trying To Pack The North Carolina Supreme Court
In this month’s North Carolina Supreme Court elections, Democrat Michael Morgan soundly defeated Republican Robert Edmunds thereby shifting control of the Court from Republicans to Democrats by a margin of one. With no Court vacancies “currently occurring” which Republican Governor Pat McCrory could fill to shift control back to Republicans, rumors are afoot that Pat McCrory will soon call a special session of the North Carolina General Assembly where the General Assembly will “create” two new Supreme Court “vacancies” for McCrory to “fill” with Republican justices. If this is true, it would not only be a stunning rebuke of democracy. It could well be unlawful under a best reading of the North Carolina Constitution.
Click here for remainder of post
Sunday, October 2, 2016
Blake Within Blake Within Blake Without End
As I have written before, the great William Blake magnificently employed signs beyond mere words in his poetry. His powerful illustrations of verse add much additional meaning to his work. As I have noted before, his symbols such as words are greatly supplemented by other types of signs such as the iconic signs of his drawings. He applied these same principles in reverse in his great illustrations of the verse of other poets such as Thomas Gray and Edward Young. Such illustrated verse injects blocks of symbols within Blake's icons, and it can be fascinating to replace these blocks of others' symbols with additional iconic expressions by Blake himself. Blake's illustrations repeat common themes and can build on each other in such fascinating exercises. I think Blake would enjoy seeing others doing this with with his icons, and I would enjoy seeing how others might attempt the endless possibilities of such substitutions. For example, in the illustration above I have replaced Gray's verses about the "Stern Rugged Nurse" with one of Blake's illustrations of Urizen, the severe god of reason who traps the imagination with his compasses and strict categories. The compass in fact is an awful symbol for Blake. It's no accident that the "Stern Rugged Nurse" has one in her hand just like Urizen.
Sunday, September 25, 2016
Beyond Words Alone: Poets as Artists of the Intentional
Though these definitions of poets and poetry are correct
as far as they go, they do not go far enough. Poets are artists of the
intentional; they are artists using signs that point to things beyond the signs
themselves. Since words are not the only
signs, why should poets limit themselves to words? Using C.S. Peirce’s terminology, there are in
fact three kinds of signs: symbols (arbitrary signifiers such as words), icons
(signifiers such as paintings that resemble what they signify), and indexes
(signifiers like photographs or weathervanes that participate in what they
signify). In the realm of symbols, why
should poets limit themselves to words?
In the broader realm of signs, why should poets ignore icons and
indexes? They should not of course, and William Blake gives us excellent
proof.
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Sunday, August 21, 2016
LBJ's Villanelle: Old Chamberlain & Chambers of the Heart (Addition to "The Apology Box")
The Johnson name shall live forevermore
At home and overseas. Of virile heart,
I shall not risk the loss of any war.
I’ll slay Jim Crow and poverty before
Another president can steel the part--
The Johnson name shall live forevermore.I shall not ape old Chamberlain though war
Endangers plans at home. I've rhetoric's art--
I shall not risk the loss of any war.
No hypocrite, I've nitroglycerin for
Myself as well and lob it at my heart--
The Johnson name shall live forevermore.Though pills roll out my mouth, I've countless more
To keep me standing as I ply my art:
"I shall not risk the loss of any war.
No, we shall overcome Jim Crow, the gore,
No, we shall overcome Jim Crow, the gore,
The jungles, and old chambers of the heart.
The Johnson name shall live. Forevermore,
I shall not risk the loss of any war."The Johnson name shall live. Forevermore,
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Wednesday, August 3, 2016
Cognitive Emotion and the Law
Many wrongly believe that emotion plays little or no role in legal reasoning. Unfortunately, Langdell and his “scientific” case method encourage this error. A careful review of analysis in the real world, however, belies this common belief. Emotion can be cognitive and cognition can be emotional. Additionally, modern neuroscience underscores the “co-dependence” of reason and emotion. Thus, even if law were a certain science of appellate cases (which it is not), emotion could not be torn from such “science.”
As we reform legal education, we must recognize the role of cognitive emotion in law and legal analysis. If we fail to do this, we shortchange law schools, students, and the bar in grievous ways. We shortchange the very basics of true and best legal analysis. We shortchange at least half the universe of expression (the affective half). We shortchange the importance of watching and guarding the true interests of our clients, which interests are inextricably intertwined with affective experience. We shortchange the importance of motivation in law, life, and legal education. How can lawyers understand the motives of clients and other relevant parties without understanding the emotions that motivate them? How can lawyers hope to persuade judges, other advocates, or parties across the table in a transaction without grasping affective experience that motivates them? How can law professors fully engage students while ignoring affective experience that motivates students? Finally, we shortchange matters of life and death: emotions affect health and thus the very vigor of the bar.
Using insights from practice, modern neuroscience, and philosophy, I therefore explore emotion and other affective experience through a lawyer’s lens. In doing this, I reject claims that emotion and other affective experience are mere feeling (though I do not discount the importance of feeling). I also reject claims that emotion and other affective experience are necessarily irrational or beyond our control. Instead, such experience is often intentional and quite rational and controllable. After exploring law and affective experience at more “macro” levels, I consider three more specific examples of the interaction of law and emotion: (i) emotion, expression, and the first amendment, (ii) emotion in legal elements and exceptions, and (iii) emotion and lawyer mental health. To provide lawyers and legal scholars with a “one-source” overview of emotion and the law, I have also included an Appendix addressing a number of particular emotions.
The article can be found here.
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Friday, July 29, 2016
Fourth Circuit Strikes Down Discriminatory Provisions of Gov. Pat McCrory's North Carolina Voter Suppression Law
The Fourth
Circuit Court of Appeals has struck down provisions of Gov. Pat McCrory’s “omnibus”
election law requiring photo identification in form blacks are less likely to
have and requiring changes to early voting, same-day registration,
out-of-precinct voting, and preregistration all in ways carefully calculated to
adversely affect black voters. The full
text of the opinion merits careful reading and can be found here. The bill’s “almost surgical precision” (the
Court’s words) in disenfranchising black voters should shock everyone’s
conscience regardless of party affiliation.
Though
highlights of the opinion are no substitute for reading the entire opinion, I
realize not everyone will have time to read the entire opinion. I therefore have redacted some of the
critical language and insert it below in the order appearing in the
opinion. I have omitted or shortened internal
citations and have bolded certain provisions that seemed particularly important
to me. Although this is no substitute
for reading the opinion in full, here goes:
Saturday, July 16, 2016
Ballade of Charles Sanders Peirce: That Common Measure of the Number Three (An Addition to "The Apology Box")
Ballade of Charles Sanders Peirce
A "candle" burns a finger, lights a room--
The only sense that "candle" has is how
It might unfold in our experience.
Experience is "firstness" unified.
It's "secondness" upon division. And
It's "thirdness" in relating separate parts.
Three categories mix. We'll often see
That common measure of the number three.
A "candle" is a sign one can dissect.
Such word's a signifier pointing to
An object and a meaning of the word.
Since arbitrary, words are symbols though
Resemblance also signifies (icons)
As does participation (indices).
In parts and types of signs, again we see
That common measure of the number three.
We'd waste our time to doubt a sign unless
We're given cause within experience.
If so, we question what is plausible.
We then inquire what might be probable.
That done, we then examine likelihood.
In threes, hypotheses, deductions, and
Inductions wrestle doubt. Again we see
That common measure of the number three.
James erred in his conception of the truth.
Instead, life's trinities are tilting toward
Real truth that casts a shadow we can see:
That common measure of the number three.
© Harold Anthony Lloyd 2016
© Harold Anthony Lloyd 2016
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Friday, July 15, 2016
Pope Urban II's Double Sonnet: Red Fields and Lucious Palaces (Addition to "The Apology Box")
Pope Urban II’s Double Sonnet
I.
Although we were God's advocate below,
We were a child of Adam, too, brought low
By sin. We therefore beg forgiveness though
We did our duty. Bravely, we brought low
The infidels. Our rhetoric called men to
Jerusalem with swords in hand as Christ
Himself commanded. Fields ran red with sliced-
Up children, men, expectant mothers, too--
The serpent crushed within the egg can't grow
To blaspheme God or strike at others. Though
Much bloody work, we had no choice. Our trust
As shepherds left no option--shepherds must
Protect their lambs. The Eastern fields ran red
With menaces that shepherds rightly bled.
II.
II.
We tended, too, our wandering sheep inside
The one true church. Thus, to our eastern side
We led the roaming churches back to Rome
While bringing, too, more unity at home
The one true church. Thus, to our eastern side
We led the roaming churches back to Rome
While bringing, too, more unity at home
Among the many Occidentals who
Now shared a common venture. Joined anew,
They focused on a foreign infidel
They focused on a foreign infidel
And Grace that comes from others sent to Hell--
Though we regret our actual person could
Not quit Rome's luscious palaces. We would
Have joined the foreign danger, blood, and grind
Had our position not kept us behind.
A headless body could not wage a war.
We were the head and lodged in Rome therefore.
The current contents of "The Apology Box" can be found here.
Monday, July 11, 2016
Wittgenstein's Sonnet: No Pictures See Themselves (Addition to "The Apology Box")
Wittgenstein’s
Sonnet
When I was young, words worked a different way.
We hung them round like pictures on a wall
To replicate real objects. Words used ink
Instead of photographic plates and dyes.
In replication either method worked
So long as illustration captured truth
By rendering objects as they really are.
What more to say? It all seemed obvious
Until I pictured pictures without us.
No pictures see themselves, their objects, or
A world that is unfiltered by a mind.
Words and their objects are no different. Thus,A world that is unfiltered by a mind.
Duck-rabbits now play games within the mind
Where certainty's more difficult to find.
Saturday, July 9, 2016
Double Sonnet of William James: Grace That Brings Good Order in the Head (Addition to "The Apology Box")
I.
Descartes, pure mind and body can't be kept
Apart as claimed. Drawn from experience,
They share a common nature, common sense
That both derive from shared experience.
I am therefore a monist. I accept
That all is drawn from pure experience:
The body, mind, and all relations. Hence,
Truth, too, must come from shared experience.
Truth is what works in shared experience.
With free will, physics is indifferent. Hence,
Determinism turns on how we find
That all is drawn from pure experience:
The body, mind, and all relations. Hence,
Truth, too, must come from shared experience.
Truth is what works in shared experience.
With free will, physics is indifferent. Hence,
Determinism turns on how we find
An absence of free will. Because we find
Determinism horrid, we are led
Determinism horrid, we are led
II.
Descartes, why suffer needless doubt except
When something fails to work. There's little sense
In doubting for the sake of doubt. I've kept
So many years of James I see no sense
In doubting James. Efficiencies accept
That James exists until experience
Astounds such thinking--I of course accept
Doubt when thought stumbles with experience.
For me, religious doubt makes little sense.
Belief in God disturbs no physics. Hence,
I'd err denying God. Of tender mind,
I savor God and angels overhead,For me, religious doubt makes little sense.
Belief in God disturbs no physics. Hence,
If God brings better order to my mind,
I'd err denying God. Of tender mind,
And grace that brings good order in the head.
Thursday, June 30, 2016
Ishmael's Sonnet: Built As "Normal" Boys (Addition to "The Apology Box")
Ishmael’s Sonnet
They called me
Ishmael. I was a first
Who wrestled with the "bastard" name though I
Was built as "normal" boys. With Mother, I
Was built as "normal" boys. With Mother, I
Was cast into the desert. Struggling first,
I'd often hide myself. I'd lie about
My essence in some feint of normalcy
That let me pass. As I was outwardly
A normal boy, I need not always out
Myself. And yet the loss of me within
Such phantom lives did further damage. In
Such feints I slandered parents, slandered, too,
The Lord whose kingdom lay within me, too.
The "stain" of "bastard" washing had erased.
Wednesday, June 29, 2016
Simon Magus: Beyond Your Heaven and Beyond Your Hell (Addition to "The Apology Box")
Simon Magus's Case*
Stand back, Jehovah! I do not
concede
Your jurisdiction over me. Instead,
I’ve secret knowledge shared among the wise
Your jurisdiction over me. Instead,
I’ve secret knowledge shared among the wise
Of greater gods that reign above your head
And rest unstained by your Creation here.
And rest unstained by your Creation here.
Before this secret knowledge made me wise,
Men used to drag me to your temples where
They made me watch the helpless lambs within
They made me watch the helpless lambs within
Writhe as men slit their bleeding, bleating throats.
It was no better outside than within. There children starved and there poor animals
Would tear themselves apart in roles you made
Of prey and predator. I saw the
scrolls
Recounting other evils you had done.
You made the devil. You made
man without
A sense of right and wrong then punished him
For disobeying orders not to learn
That difference giving knowledge of your wrongs.
You tainted Lilith and her progeny
Though she obeyed and never bit the fruit.
You baited Cain to murder by your whim
Of arbitrary anger at his gift.
You killed by indiscriminate deluge
Both beasts and infants that could not have sinned.
Destroyed at Babel where (to add insult)
You forced your syllables on men though you
Had once told Adam he could name the world.
You tortured Abraham with felony,
Made him conspire with you to kill his son.
You baited Sodom with slick angels so
You might destroy again--this time with fire.
You burned up infants, animals, and turned
You burned up infants, animals, and turned
Flesh salt before a husband's frightened eyes.
You tortured your good servant Joseph in
A foreign land whose tongue he did not know
In a repeat of Babel’s cruelty.
Your mind on Egypt then, you unleashed plagues
So horrid I would rather not recount
The sufferings of men or beasts whose blood
You craved on doors or threw down from the sky
Or swallowed up attached to chariots
Beneath the crashing waves that closed on those
Not choked in waters turned to blood before.
For forty years you marched men in the sand
Where you dispensed bizarre rules governing
Such things as beards and testicles of priests.
You called these “laws” so you could claim the right
And pleasure of your awful penalties.
Bored with the desert, you then turned to war
Both in the taking and the keeping of
A “promised land,” an oxymoron of
Word rightly kept to steal another’s ground.
Not only does such evil bring you down.
Not only does such evil bring you down.
Your very mouth betrays you, too: "I am
A jealous god!” Such jealousy
requires
An object. By your own
admission you
Have competition and are not supreme.
Consistent with us both, I thus reject
Consistent with us both, I thus reject
Your sovereignty Jehovah. I
would dwell
Beyond your heaven and beyond your hell.
*Simon Magus was a Gnostic who tried to solve the problem of evil by creating another and better realm beyond the one in which we live.
Tuesday, June 28, 2016
Witch of Endor's Double Sonnets: I Accept No Words for Me Except My Own (Addition to "The Apology Box")
Witch Of Endor’s Double Sonnets
I.
I can't deny that I've known sorcery.
Men's words have cast their spells transforming me
Into a "witch" through verbal alchemy
Purporting to change essences of me.
I am a medium I will admit
But there's no shame or villainy in it.
How can it be an evil if I lend
A tongue to Heaven? Hypocrites
defend
The man who does the same when they declare
A "prophet" in their midst though they would tear
A woman into shreds who has the gift--
Unless of course a woman is more swift
In raising Samuel's ghost when trembling men
Must see it quick. It's right to
use her then.
II.
At men's request I raised up Samuel's ghost
That wore white veils across its sunken head
And mouth: "Saul and his sons will soon be dead!"
Saul blanched and swooned. Now done with Samuel's ghost,
Men scorned my charity. Not needed more,
I was a witch again good men abhor
And suffer not to live--though oddly men
Who have such powers are most godly men.
Men scorned my charity. Not needed more,
I was a witch again good men abhor
And suffer not to live--though oddly men
Who have such powers are most godly men.
I spat upon their terms, spat out my own,
And recognized no languages where few
And recognized no languages where few
Monopolize all prophets for themselves
In "piety" no doubt attempting to
Monopolize all profits for themselves.
I accept no words for me except my own.
In "piety" no doubt attempting to
Monopolize all profits for themselves.
I accept no words for me except my own.
Sonnet of John The Baptist (Addition to "The Apology Box")
John The Baptist’s Sonnet
(A nomadic herald)
My one principal was God and as
His agent my one principle was God.
One principal and principle meant I
Ignored all call of urban artifice.
God tailored camels for a desert life.
Therefore, I clothed myself in camel skins--
How could mere John design a better wrap?
With similar logic, I would not rethink
The locust beans and honey God served there
With similar logic, I would not rethink
The locust beans and honey God served there
That I preferred to any urban fare.
I was God's pristine voice that wilderness
Kept pure enough for Christ himself to hear--
Though urban folk were deaf and Salome
Would have the mouth, not words upon a tray.
Kept pure enough for Christ himself to hear--
Though urban folk were deaf and Salome
Would have the mouth, not words upon a tray.
Monday, June 27, 2016
Ballade of King John (Addition to "The Apology Box")
Ballade Of John Lackland*
(English
king & Richard I's brother)
Although I spilled much blood in France, I
would
Have spared it had I means. But they gave me
No choice.
Vast English lands within France could
Not spurn their sovereign with impunity.
When Anjou, Maine, Poitou and Brittany
Rebelled, I therefore fought. What choice had one
Who held the crown, who must thus faithfully
Protect the English realm? God's will be done.
Yet, when the fighting came home, too, I would
Not fight those barons who might murder me
And bring down England, too. I understood
Consent under duress is legally
Not binding.
With such practicality
I saved the crown and nation. Having done
So, I proved John would ever faithfully
Protect the English realm. God's will be done.
Likewise, I fought that "Innocent"
who would
Behind misnomers do his treachery
(Like wolves in sheep skin). Therefore, I withstood
That scheming Roman priest across the sea
Who smelled our English lambs here grazing
free.
He would have fleeced them had the Lord picked
one
Less faithful, had the Lord not ordered me:
"Protect the English realm!" God's
will be done.
O Lord, I only ask for serving thee
Long days for Albion. When anyone
Presents a threat, King John will forcefully
Protect the English realm. God's will be done!
*According to various sources, the poet’s 24th great-grandfather through Thomas Yale and 26th great-grandfather through Anne Lloyd Yale.
Ezekiel: The Universe Leaps Over Heart & Head (Addition to "The Apology Box")
Ezekiel’s Double Sonnet
(A prophet of the exile)
I.
I.
A rift ran down the middle of my soul
With halves that tugged perpetually at war
And kept me torn as both a priest and man.
I found that rules and that exceptions can
Be true at once. Though contradictory,
We must have justice, must have mercy, too,
And must have death although we hear the din
Of dusty bones redressing into skin. A nation must be punished for its sin,
A nation made of aggregates where one
Thus bears the guilt of all although no one
Is guilty for the deeds another's done:
The father's never guilty for the son
Nor is the child for what the father's done.
II.
God's scroll was written to be read. Yet, God
Fed me the message, too. Sad to the ear
Words somehow tasted honeyed to the tongue.
In honeyed thought, I thought of being young
In Israel again although I knew
That logic stays me. God, though, had free hand
To seize my hair and whisk me off to stand
Outside the temple walls. I found a hole
Within one wall and peered in where I saw
Beyond facades, beyond exterior awe
To inner awe that dwarfed all things that we
(However wise) have ever felt or said.
The universe leaps over heart and head
Whose terms of course can't curb a universe
Whose essence always brings it back to God.
© Harold Anthony Lloyd 2016
The current contents of "The Apology Box" can be found here.
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Sunday, June 26, 2016
The Brexit Vote Was "No" Not "Yes"
Saturday, June 25, 2016
Caesar, Antony, & Brutus (Additions to "The Apology Box")
Julius Caesar Joins His Cousins
Hail cousins in Olympus!* Like you, I
Have intervened throughout the world. I warred
Not just in Rome but in far regions, too,
As god in man no doubt is prone to do.
As god in man no doubt is prone to do.
Why not go far in war since I must war
Regardless? God and man are opposites
And thus could not keep truces long in me.
They often warred and shook me violently.
I wondered how the two in me were mixed:
Were they both loose? Were they together chained?
Was one a cage that kept the other pent?
Did they conjoin in some third element?
However joined, despite all paradox,
However joined, despite all paradox,
I came.
I saw. I conquered. I now thank
Rome's daggers that the incarnation's past,
Rome's daggers that the incarnation's past,
That I'm a pure and quakeless god at last.
*He was an epileptic whose family claimed descent from Venus.
Brutus’s Defense
Did we do murder? Not on Caesar’s watch.
Crime is defined within some rule of law.
His tyranny suspended rule of law.
Crime is defined within some rule of law.
His tyranny suspended rule of law.
Did we do evil?
Not in killing him
When reason would instead condemn the hands
Refusing reason and its pure demands.
We rescued reason when our blades brought down
Now balance pain, we find the common good
We did outweighs the suffering Caesar felt.
We should be stoic, too, and recognize
That fate spins narratives and thus denies
The choice required for blame. And yet so what?
As past replays itself time and again:
The awful cries, the sounds of blades against
The spine, the red spurts, then the vacant
stare
As rigor mortis seizes Caesar there.
As rigor mortis seizes Caesar there.
I am no hypocrite. I've suffered, too,
In righting Rome vile Caesar had abused.
I need no flogging. I'm already bruised.
Marc Antony’s Defense
Will future generations laud my name?
No. History is pillage victors own.
The vanquished are deprived of it--and yet
I stand before the gods with no regret
Or fear.
The judgment of the gods, I know,
Is never swayed by pillaging below.
Before I fell, in Athens they hailed me
As a new Dionysus. They were right.
I saw beyond convention. Nature was
My measure--not some antique prejudice
That drew a line between the West and East.
Uncritical acceptance in me ceased:
I freed my mind and heart to analyze
All things in truth, not prejudice. I spurned
The ancient, awful bigotry of Rome
Permitting one the lowest Roman wife
Permitting one the lowest Roman wife
Yet banning Cleopatra as a bride.
Pure truth advised me, too, when Caesar died.
I would not profit from his murder. I
Embraced the bloody vessel that once held
Great Caesar and I promised my revenge.
Whatever evil men might say of me,
I was a loyal friend who also dared
To free both mind and heart Rome once impaired.
© Harold Anthony Lloyd 2016
The current contents of "The Apology Box" can be found here.
Tuesday, June 21, 2016
Langdell Defends Langdell With A Villanelle (An Addition To "The Apology Box")
Though I've gone after Langdell several times in prose (Exercising Common Sense, Razing Langdell, and Days of Auld Langdell), I've not attempted it in verse till now. The Villanelle seemed a good form and I felt he would speak of himself in the third person were he writing it. Of course, even in the more polished form of a villanelle, I still disagree with Langdell's thoughts on casebooks, experienced teachers, law's nature, and more. Law is not a certain science. Law practice experience makes better, not worse law professors. Theory is blind if separated from practice. Practice is empty without theory. Law schools are therefore elevated rather than "dumbed down" by teaching practice and theory both. The hypocrisy of Langdell's practicing for fifteen years while saying practice taints is of course not lost on me either. I couldn't bear including a photo of the man so I have instead substituted a page from his infamous contracts casebook.
Sunday, June 19, 2016
Daniel: Nighttime Hieroglyphics in the Head (Addition to "The Apology Box")
Daniel’s Sonnet
(A
Jew “exiled” in Babylon)
Through deepest faith, I tapped night's lexicon
That Nimrod changed. Confusion fell upon
More than the day when Babel’s Tower fell.
The language of the night collapsed as well,
And dreams took dialects they’d lacked before.
New gibberish infected night. Therefore,
Men needed me to translate dreams that hid
Night's messages to them. Of course, I did.
And when God wrote upon the wall instead
Of nighttime hieroglyphics in the head,
I was the only person who could read
The markings and convey what he had said.
I revel and reveal with words. They are
Mind's whiskey, its key, and its reservoir.
Labels:
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Hieroglyphics,
Interpretation,
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Original Meaning,
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Tower of Babel,
Translation,
Words
Augustine: Faith Must Come First (Addition to "The Apology Box")
Augustine’s Lines and Acrostic
(A bishop of Hippo)
Si fallor, sum! I no doubt must exist
However fraught with error since to err
I must be there to do the errant thing.However fraught with error since to err
Pure skepticism therefore can't be true
And truth I set off early to pursue.
The Manicheans moved my ears with tales
Of light and dark in endless war they proved
Through daily combat of the light and dark,
Through daily rise and fall of suns and stars,
Through all our politicians and our priestsThrough daily rise and fall of suns and stars,
Forever mixed in
virtue and in vice--
Such Manichean proof was powerful for
A youthful head
untrained in reason or
How easily a fact can be a whore.
In time, I learned
the syllogism and
Abandoned Manichean
foolishness--
By definition good
lacks evil. Hence,
The good and evil cannot be conjoined
In such theatric
struggle. Thus, I turned
To logic and more careful use of words,
Learned rhetoric, but soon I wanted more--To logic and more careful use of words,
I'd not forgotten my "si fallor, sum!"
Through Plato I found changeless Truth and Good
Which briefly brought great pleasure though it vexed
Me next. If real is really past all change
(Which seems required, too, if God foreknows all),
Must that not mean
that everything was set
In stone from the
beginning? Thus poor Eve
Was forced to sin, the serpent to deceive?
I flailed about until I could perceive:
All inquiry of
course fails where I amI flailed about until I could perceive:
Beliefless. Credo ut intelligam--
How can I seek an
answer unless I
Am clear first on the means with which to try?
Faith must come first to put some terms in place
That we can use for parsing up a case.
Faith must come first to put some terms in place
That we can use for parsing up a case.
Gathering up my thoughts, I thus confessed
Raw sin throughout my life. In faith, I'd rest
And pray for undeserved last clemency
Content to rest in God's hands knowing the
Election might have long passed over me.
© Harold Anthony Lloyd 2016
The current contents of "The Apology Box" can be found here.
© Harold Anthony Lloyd 2016
The current contents of "The Apology Box" can be found here.
Friday, June 17, 2016
Mary Magdalene (Addition to "The Apology Box")
Mary
Magdalene’s Apology
Though fathers of the church might not recall,
I was his favored ally over all--
Though I had awful moments I admit.
I was his favored ally over all--
Though I had awful moments I admit.
I saw the seven
horrid faces of
The demons driven
out. Pride lurched out first.
It smirked as it
looked back at me. It kissed
Its gilded mirror,
dropped its glass, then spread
Its filthy, gaudy
tail. It stretched its wings
And took its pompous
exit on the breeze.
Then Envy slithered
out, a serpent scaled
With eyes instead of
plates. Each lens scanned round
From different
angles not to miss a grudge.
Its filthy fangs
were always poised to strike
With venom ever
dripping. Thus, the snake
Ingested greater
poison than its prey.
Then Gluttony with well-worn teeth chewed its
Way out of me and tumbled on the ground
To roll away in its growing sphere of flesh.
Then Idleness
crawled out. Its wrinkled robes
Were stained and
filthy. It could barely hold
Its head upright
until it found a bed.
Then
heaving-breathing Avarice crawled out
So loaded down with
precious things it could
Not stand. Despite
the wealth it bore, its clothes
Were worn and fit it
poorly. Sweating, it
Crawled off
distraught--it never hauled enough.
Then lion-headed
Wrath leapt out of me.
Its awful roar was
followed by a spray
Of blood its
flailing limbs slung as it ran.
Then last of all
sprang hairy Lust. (Perhaps
I’m most remembered
for the last since it
By chance became the
final one to leave.)
O Lord, I tremble
still to think about
Those awful
spectacles as each came out.
And yet once freed
of seven demons, I
Could kneel to wash
my master’s feet. I could
Anoint his head with
oil and laud him well.
Then when his
fortunes changed, I could as well
Stand by him as they
nailed him up. And when
Some armored angels
swept him up from Hell
I could run out and
spread good news to all--
I was his favored ally after all.
I was his favored ally after all.
© Harold Anthony Lloyd 2016
P.S. In the Rhetoric to Lettie, I speculate on how Christ might have confided in his favorite disciple:
Jesus
Confides in Mary Magdalene
The kingdom is
within. Search for it there.
The sinner is the
one who in despair
Awaits the day his
chariot should come.
The kingdom is not coming. It is here.
There are no
portents, earthquakes, storms to fear
Before arrival. Simply look within.
Tell others that the kingdom is within,
That first it’s
small like seeds or leaven in
The dough but has
its powers to expand.
Be mindful of the present or you’ll miss
Brief miracles of
leavens such as this.
Live in the “am,” not
in the “will” or “was”
And revel in the kingdom found within.
There can be no
forgiveness for the sin
Of
self-rejection. Broken can’t be right.
Commit yourself at once, do not delay
To act on what
you’ve found. Though others say
That faith suffices,
fruit defines the tree.
Embrace your enemy and do no deed
You’d not have
others do to you. Once freed
From difference,
inner light uncovered shines.
Be humble and be open as a child.
Be curious and
never be beguiled
By rules or
“prophets” that snuff out the light.
For light will show whenever two are one,
Whole mountains can
be moved. Division gone,
Whole mountains
cannot claim their former place.
Know rules serve us. When bending must be done,
Bend rules to
light, not light to them. Don’t sin
By elevating
Sabbaths over light.
Though I must leave you soon, I still shall shine:
My light remains in
you as yours in mine,
And therefore
separation never comes.
Split any piece of wood and I am there.
Lift any rock and
you will find me there.
Set any table. You will find me there.
Have bread and wine in common to recall
The need to share
both food and drink with all—
And do this for
your fellow flesh and blood.
As I have done, reach out to heal the sick—
Though not just
those with fevers. Heal heartsick
And troubled
spirits, too. Do miracles.
Though I have set upon a painful course,
I choose it
freely--right could never force
A faultless one to
pay another’s fine.
No innocents are sacrificed though I
Am willing for the
sake of truth to die.
That’s what the
Cross should symbolize for you.
I’m neither Paul, nor Pope, nor Protestant.
I am before they
came, before they went.
I am before their
Sabbaths as are you.
© Harold Anthony Lloyd 2016
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