Despite increased calls for hospital ethics committees to serve as default decision-makers about life-sustaining treatment for unrepresented patients who lack decision-making capacity or a surrogate decision-maker and whose wishes regarding medical care are not known, little is known about how committees currently function in these cases. This was a retrospective cohort study of all ethics committee consultations involving decision-making about LST for unrepresented patients at a large academic hospital from 2007 to 2013. There were 310 ethics committee consultations, twenty-five of (...) which involved unrepresented patients. In thirteen cases, the ethics consultants evaluated a possible substitute decision-maker identified by social workers and/or case managers. In the remaining cases, the ethics consultants worked with the medical team to contact previous healthcare professionals to provide substituted judgement, found prior advance care planning documents, or identified the patient’s best interest as the decision-making standard. In the majority of cases, the final decision was to limit or withdraw LST or to change code status to Do Not Resuscitate/Do Not Intubate. Substitute decision-makers who had been evaluated through the ethics consultation process and who made the final decision alone were more likely to continue LST than cases in which physicians made the final decision. In our centre, the primary role of ethics consultants in decision-making for unrepresented patients is to identify appropriate decision-making standards. In the absence of other data suggesting that ethics committees, as currently constituted, are ready to serve as substitute decision-makers for unrepresented patients, caution is necessary before designating these committees as default decision-makers. (shrink)

That brings me to the crux of my disagreement with Hillis Miller. The central contention is not simply that I am sometimes, or always, wrong in my interpretation, but instead that I—like other traditional historians—can never be right in my interpretation. For Miller assents to Nietzsche's challenge of "the concept of 'rightness' in interpretation," and to Nietzsche's assertion that "the same text authorizes innumerable interpretations : there is no 'correct' interpretation."1 Nietzsche's views of interpretation, as Miller says, are relevant to (...) the recent deconstructive theorists, including Jacques Derrida and himself, who have "reinterpreted Nietzsche" or have written "directly or indirectly under his aegis." He goes on to quote a number of statements from Nietzsche's The Will to Power to the effect, as Miller puts it, "that reading is never the objective identifying of a sense but the importation of meaning into a text which had no meaning 'in itself.'" For example: "Ultimately, man finds in things nothing but what he himself has imported into them." "In fact interpretation is itself a means of becoming master of something."2 On the face of it, such sweeping deconstructive claims might suggest those of Lewis Carroll's linguistic philosopher, who asserted that meaning is imported into a text by the interpreter's will to power: "The question is," said Alice, "whether you can make words mean so many different things.""The question is," said Humpty Dumpty, "which is to be master—that's all." But of course I don't believe that such deconstructive claims are, in Humpty Dumpty fashion, simply dogmatic assertions. Instead, they are conclusions which are derived from particular linguistic premises. I want, in the time remaining, to present what I make out to be the elected linguistic premises, first of Jacques Derrida, then of Hillis Miller, in the confidence that if I misinterpret these theories, my errors will soon be challenged and corrected. Let me eliminate suspense by saying at the beginning that I don't think that their radically skeptical conclusions from these premises are wrong. On the contrary, I believe that their conclusions are right—in fact, they are infallibly right, and that's where the trouble lies. · 1. "Tradition and Difference," Diacritics 2 : 8, 12.· 2. Ibid. M. H. Abrams’s contributions to Critical Inquiry include "Rationality and Imagination in Cultural History: A Reply to Wayne Booth" and "Behaviorism and Deconstruction: A Comment on Morse Peckham's 'The Infinitude of Pluralism'". (shrink)

Peckham claims that my "behavior" in dealing with the quotations in Natural Supernaturalism is the same, in methodology and validity, as the interpretative behavior of Booth's waiter. But the great bulk of the utterances in my quotations—and no less, of the utterances constituting Peckham's own essay—do not consist of orders, requests, or commands. Instead, they consist of assertions, descriptions, judgments, exclamations, approbations, condemnations, and many other kinds of speech-acts, the meanings of which are not related to my interpretative behavior, even (...) in the indirect way in which the meaning of Booth's order is related to the future behavior of his waiter. M. H. Abrams, author of Natural Supernaturalism and The Mirror and the Lamp and Class of 1916 Professor of English at Cornell University, responds in this essay to Morse Peckham's "The Infinitude of Pluralism" . Morse Peckham, in his Critical Response, was commenting on issues raised by the forum on "The Limits of Pluralism" , to which M. H. Abrams contributed. Previous contributions to Critical Inquiry are "Rationality and Imagination in Cultural History: A Reply to Wayne Booth" and "The Deconstructive Angel". (shrink)

In retrospect, I think I was right to compose Natural Supernaturalism by relying on taste, tact, and intuition rather than on a controlling method. A book of this kind, which deals with the history of human intellection, feeling, and imagination, employs special vocabularies, procedures, and modes of demonstration which, over many centuries of development, have shown their profitability when applied to matters of this sort. I agree with Booth that these procedures, when valid, are in a broad sense rational, and (...) subject to analysis and some degree of definition. But the rules underlying such a discourse are complex, elusive, unsystematic, and subject to innovative modification; they manifest themselves in the intuitive expertise of the historian; and the specification of these rules should not precede, but follow practice. . . . After the fact, nevertheless, a book like Natural Supernaturalism is subject to close critical inquiry about its methods and rationale. I am grateful to Booth for opening up such an inquiry, and for doing so in a way that is not only disarming, but seems to me to be the most promising of useful results. That is, instead of adopting a prosecutorial stance, demanding: "Justify the rationality and probative force of what you have done; it looks dammed suspicious to me," he has adopted the friendly tactic of saying: "Your book, in my experience of it, has yielded discoveries that I want to call knowledge, by methods, however deviant from standard rubrics of valid reasoning, that it seems irrational to call non-rational. Let's set out to clarify what these methods are, and to see what grounds we can find for the claim that they provide warranted knowledge." M.H. Abrams' contributions to Critical Inquiry are "The Deconstructive Angel" and "Behaviorism and Deconstruction: A Comment on Morse Peckham's 'The Infinitude of Pluralism'". (shrink)

Despite downsides, it must, on balance, be good to reduce prejudice. Despite upsides, collective action can also have destructive outcomes. Improving intergroup relations requires multiple levels of analysis involving a broader approach to prejudice reduction, awareness of potential conflict escalation, development of intergroup understanding, and promotion of a wider human rights perspective.

9 Eastern Christianity and Jesuit Scholarship on Arabic and Islam: Modern History and Contemporary Theological Reflections -- 10 Autonomy, Dignity, Human Rights: Correcting a Popular Error -- 11 Liberal and Authoritarian Approaches to Raising Good Citizens -- 12 Stewardship as Welcome and Respect for the Dignity of the Vulnerable: An Essay in Bioethics -- 13 Dialogue in a Pluralist Context: Theological Ethics and the New Interest in Happiness -- Index.

Consumers are bombarded with labels and claims that are intended to address their concerns about how food products are produced, processed, and regulated. Among those are the natural or all-natural claims and the certified organic label. In this study, two focus groups were conducted to explore consumers’ attitudes toward all-natural and organic pork and to gather their reactions to the USDA organic standards for meat, and the policy for natural claims. Results indicated that participants had positive associations with the terms (...) “organic” and “all-natural” with exceptions regarding the trustworthiness of all-natural claims. Participants perceived the “no” labeling theme (no antibiotics, no hormones, no chemicals, etc.) often coupled with the all-natural label on pork products as identifying potential health and animal welfare risks. In response to the USDA standards and policies for labeling pork products as organic or all-natural, participants expressed confusion and had many unanswered questions. (shrink)

In his 2012 book Jussim argues that the self-fulfilling prophecy and expectancy effects of descriptive stereotypes are not potent shapers of social reality. However, his conclusion that descriptive stereotypesper sedo not shape social reality is premature and overly reductionist. We review evidence that suggests descriptive stereotypes do have a substantial influence on social reality, by virtue of their influence on collective action.

We describe a case of an elderly patient suffering from advanced dementia (Mrs. M) whose chronic confusion has become a source of frustration for her caregivers. Mrs. M experiences a touching interaction with a new nurse (Nathan) who takes a different approach with her. We describe this interaction and elaborate upon it by drawing from Catholic social teaching and the philosophy of play. Cases like these do not involve dramatic or esoteric ethical problematics, but rather the sort of dilemma born (...) of the everyday tragedies of lingering illness, aging and caretakers’ fatigue. Nathan’s approach offers a different way of seeing and being with the wearisome patient. (shrink)

Background This study assesses how pediatric assent is conceptualized and justified within the therapeutic context. Pediatric ethicists generally agree that children should participate in medical care decisions in developmentally appropriate ways. Much attention has been paid to pediatric assent for research participation, but ambiguities persist in how assent is conceptualized and operationalized in the therapeutic context where countervailing considerations such as the child’s best interest and parental permission must also be weighed.Methods Searches were conducted in 11 databases including PubMed, Embase, (...) Cochrane Library, and Web of Science. Articles published between 2010 and 2020 were screened in COVIDENCE for meeting each of four criteria: (1) focusing on pediatric assent, (2) focusing on clinical care, (3) including normative claims, and (4) containing substantive statements about the meaning of pediatric assent. Full texts were abstracted for (1) operational definitions of assent, (2) discussion of the temporal nature of assent, (3) description of the concept of “understanding,” and (4) ethical justifications for soliciting assent. These excerpts were coded and code patterns formed themes presented in the results.Results The final analytic data set contained 29 articles. Analysis yielded three key themes. First, valid assent varies by treatment, population (e.g., younger versus older), and geographic/cultural context. Second, assent represents two distinct longitudinal processes: One involves eliciting preferences over a disease course or care episode; the other focuses on children’s developmental maturation. Third, ethical justifications for assent draw variously on instrumental and intrinsic reasons, but often remain ambiguous.Conclusions There is widespread agreement that assent is morally valuable, but there remain substantial ambiguities or disagreements about its meaning, process, and ethical justification. (shrink)

Physiologically accurate mouse models of cancer are critical in the pre‐clinical development of novel cancer therapies. However, current standardized animal‐housing temperatures elicit chronic cold‐associated stress in mice, which is further increased in the presence of tumor. This cold‐stress significantly impacts experimental outcomes. Data from our lab and others suggest standard housing fundamentally alters murine physiology, and this can produce altered immune baselines in tumor and other disease models. Researchers may thus underestimate the efficacy of therapies that are benefitted by immune (...) responses. A potential mediator, norepinephrine, also underlies stress pathways common in mice and humans. Therefore, research into mechanisms connecting cold‐stress and norepinephrine signaling with immune depression in mice could highlight new combination therapies for humans to simultaneously target stress while stimulating anti‐tumor immunity. (shrink)

Throughout the animal kingdom, p53 genes function to restrain mobile elements and recent observations indicate that transposons become derepressed in human cancers. Together, these emerging lines of evidence suggest that cancers driven by p53 mutations could represent “transpospoathies,” i.e. disease states linked to eruptions of mobile elements. The transposopathy hypothesis predicts that p53 acts through conserved mechanisms to contain transposon movement, and in this way, prevents tumor formation. How transposon eruptions provoke neoplasias is not well understood but, from a broader (...) perspective, this hypothesis also provides an attractive framework to explore unrestrained mobile elements as inciters of late‐onset idiopathic disease.Also see the video abstract here. (shrink)

When M. H. Abrams published a defense, in 1972, of "theorizing about the arts,"1 some of his critics accused him, of falling into subjectivism. He had made his case so forcefully against "the confrontation model of aesthetic criticism," and so effectively argued against "simplified" and "invariable" models of the art work and of "the function of criticism," that some readers thought he had thrown overboard the very possibility of a rational criticism tested by objective criteria. In his recent reply to (...) these critics,2 Abrams concentrates almost entirely on whether his critical pluralism is finally a skeptical relativism. He does not even mention his great historical works, The Mirror and the Lamp and Natural Supernaturalism, and he has nothing to say about how his pluralistic theories would be applied to the writing of history. But then, surprising as it seems once we think about it, neither of the two histories has much about his method either. What is the true achievement of these aggressive raids into our past, and how does Abrams see them in relation to other possible histories of the same subjects? Knowing in advance that he has agreed to reply to my nudging, I should like both to propose that everyone has—with Abrams' own encouragement—understated the importance of what he has done and to ask: What kind of pluralist is he? · 1. "What's the Use of Theorizing about the Arts," In Search of Literary Theory, ed. Morton Bloomfield , pp. 3-54. · 2. "A Note on Wittgenstein and Literary Criticism," ELH 41 : 541-54. Wayne C. Booth's other contributions to Critical Inquiry include "Kenneth Burke's Way of Knowing" , "Irony and Pity Once Again: Thais Revisited" , >"Preserving the Exemplar: Or, How Not to Dig our Own Graves" , "Notes and Exchanges" , "Metaphor as Rhetoric: The Problem of Evaluation" ,"Ten Literal 'Theses" , with Wright Morris: "The Writing of Organic Fiction: A Conversation" , and with Robert E. Streeter, W.J.T. Mitchell: “Sheldon Sacks 1930-1979”. (shrink)

Abram Brummett and Christopher Ostertag offer critiques of my argument that clinical ethics consultants have expertise but are not “ethics experts”. My argument begins within our less-than-ideal world and asks what a justification of a clinical ethics consultation recommendation might look like under those conditions. It is a challenge to what could be called an “inflationary” position on ethics expertise that requires agreement on or rational proof of metaethical facts about the values at stake in clinical ethics consultation. Brummett (...) and Ostertag critique three distinct steps in the argument. Two of those I have a brief answer for, and an assessment of the third demonstrates that Brummett and Ostertag do not consider the premise upon which I based my account. Instead, they assert a counter-premise without argument, which at best results in a stalemate between our two accounts. However, the reasons supporting my premise still seem to me to be stronger, so I am in the end unconvinced by their critiques. (shrink)

Luca M. Possati, Jean Grondin, Paul Ricoeur ; Aurore Dumont, François Dosse et Catherine Goldenstein, Paul Ricoeur: penser la mémoire ; Paul-Gabriel Sandu, Gert-Jan van der Heiden, The Truth of Language. Heidegger, Ricoeur and Derrida on Disclosure and Displacement ; Paul Marinescu, Marc-Antoine Vallée, Gadamer et Ricoeur. La conception herméneutiquedu langage ; Witold Płotka, Saulius Geniusas, Th e Origins of the Horizon in Husserl’s Phenomenology ; Delia Popa, Annabelle Dufourcq, La dimension imaginaire du réel dans la philosophie de Husserl ; (...) Maria GyemantDenis Seron, Ce que voir veut dire. Essai sur la perception ; Christian Ferencz-Flatz, Hans Friesen, Christian Lotz, Jakob Meier, Markus Wolf, Ding und Verdinglichung. Technik- und Sozialphilosophie nach Heidegger und der Kritischen Th eorie ; Bogdan MincăLarisa Cercel, John Stanley, Unterwegs zu einer hermeneutischen Übersetzungswissenschaft. Radegundis Stolze zu ihrem 60. Geburtstag ; Denisa Butnaru Johann Michel, Sociologie du soi. Essai d’herméneutique appliquée ; Ovidiu Stanciu, Jan Patočka, Aristote, ses devanciers, ses successeurs. Trad. fr. Erika Abrams ; Mădălina Diaconu, Emmanuel Alloa, Das durchscheinende Bild. Konturen einer medialen, Phänomenologie. (shrink)

Inspired by Charles Taylor’s locating of Herder and Rousseau’s “expressivism” in Marx’s understanding of the human as artist, I begin this essay by examining expressivism in Taylor, followed by its counterpart in M. H. Abrams’s work, namely the wind as metaphor in British Romantic poetry. I then further explore this expressivism/wind connection in Percy Bysshe Shelley’s “Ode to the West Wind” and Marx’s The German Ideology. Ultimately I conclude that these expressive winds lead to poetic gesture per se, and thereby, (...) to a kind of poetry at the heart of Marx’s philosophy. (shrink)

Insects factored as ‘symbols of instinct’, necessary as a rhetorical device in the boundary work of early social psychology. They were symbolically used to draw a dividing line between humans and animals, clarifying views on instinct and consciousness. These debates were also waged to determine if social psychology was a subfield of sociology or psychology. The exchange between psychologist James Mark Baldwin and sociologist Charles Abram Ellwood exemplifies this particular aspect of boundary work. After providing a general background of (...) the debates, I turn specifically to the writings of Baldwin and Ellwood between 1890 and 1936, tracing the use of insects as ‘symbols of instinct’. (shrink)

The most promising accounts of ontic probability include the Spielraum conception of probabilities, which can be traced back to J. von Kries and H. Poincaré, and the best system account by D. Lewis. This paper aims at comparing both accounts and at combining them to obtain the best of both worlds. The extensions of both Spielraum and best system probabilities do not coincide because the former only apply to systems with a special dynamics. Conversely, Spielraum probabilities may not be part (...) of the best system, e.g. if a broad class of random devices is not often used. Spielraum probabilities have the potential to provide illuminating explanations of frequencies with which outcomes of trials on gambling devices arise. They ultimately fail to account for such frequencies though because they are compatible with frequencies that grossly differ from the values of the respective probabilities. I thus follow recent proposals by M. Strevens and M. Abrams and strengthen the definition of Spielraum probabilities by adding a further condition that restricts some actual frequencies. The resulting account remains limited in scope, but stands objections raised against it in the recent literature: it is neither circular nor based upon arbitrary choices of a measure or of physical variables. Nor does it lack any explanatory power. (shrink)

At one point in "Rationality and Imagination in Cultural History" M.H. Abrams cites Wayne Booth's assertion that the "deconstructionist" reading of a given work "is plainly and simply parasitical" on "the obvious or univocal reading."1 The latter is Abrams' phrase, the former Booth's. My citation of a citation is an example of a kind of chain which it will be part of my intention here to interrogate. What happens when a critical essay extracts a "passage" and "cites" it? Is this (...) different from a citation, echo, or allusion within a poem? Is a citation an alien parasite within the body of its host, the main text, or is it the other way around, the interpretative text the parasite which surrounds and strangles the citation which is its host? The host feeds the parasite and makes its life possible, but at the same time is killed by it, as "criticism" is often said to kill "literature." Or can host and parasite live happily together, in the domicile of the same text, feeding each other or sharing the food? · 1. Critical Inquiry 2, no. 3 : 457-58. The first phrase is quoted from Wayne Booth, "M.H. Abrams: Historian as Critic, Critic as Pluralist," ibid., p. 441. J. Hillis Miller's contributions to Critical Inquiry are "Ariadne's Thread: Repetition and the Narrative Line" and "Theory and Practice: Response to Vincent Leitch". (shrink)

What I am calling for is not as radically new as it may sound to ears that are still tuned to positivist frequencies. A very large part of what we value as our cultural monuments can be thought of as metaphoric criticism of metaphor and the characters who make them. The point is perhaps most easily made about the major philosophies. Stephen Pepper has argued, in World Hypotheses,1 that the great philosophies all depend on one of the four "root metaphors," (...) formism, mechanism, organicism, and contextualism, and they are great precisely because they have so far survived the criticism of rival metaphors. Each view of the totality of things claims supremacy, but none has been able to annihilate the others. They all thus survive as still plausible, pending further criticism through further philosophical inquiry. In this view, even the great would-be literalists like Hobbes and Locke are finally metaphorists—simply committed to another kind of metaphor, one that to them seems literal. Without grossly oversimplifying we could say that the whole work of each philosopher amounts to an elaborate critique of the inadequacy of all other philosophers' metaphors. What is more, the very existence of a tradition of a small group of great philosophies is a sign that hundreds of lesser metaphors for the life of mankind have been tested in the great philosophical—that is, critical—wars and found wanting. · 1. World Hypotheses: A Study in Evidence . In Concept and Quality: A World Hypothesis , Pepper suggests that "the purposive act" is a fifth root metaphor. Wayne C. Booth's is the author of, among other works, Critical Understanding: The Powers and Limits of Pluralism. His contributions to Critical Inquiry include "Kenneth Burke's Way of Knowing" , "Irony and Pity Once Again: Thais Revisited" , "M. H. Abrams: Historian as Critic, Critic as Pluralist" , "'Preserving the Exemplar': Or, How Not to Dig our Own Graves" , "Notes and Exchanges" , with Wright Morris: "The Writing of Organic Fiction: A Conversation" , and with Robert E. Streeter, W. J. T. Mitchell: "Sheldon Sacks 1930-1979". (shrink)

Postmodernism once more—that breach has begun to yawn! I return to it by way of pluralism, which itself has become the irritable condition of postmodern discourse, consuming many pages of both critical and uncritical inquiry. Why? Why pluralism now? This question recalls another that Kant raised two centuries ago—“Was heist Aufklärung?”—meaning, “Who are we now?” The answer was a signal meditation on historical presence, as Michel Foucault saw.1 But to meditate on that topic today—and this is my central claim—is really (...) to inquire ‘Was heist Postmodernismus?”Pluralism in our time finds itself in the social, aesthetic, and intellectual assumptions of postmodernism—finds its ordeal, its rightness, there. I submit, further, that the critical intentions of diverse American pluralists—M. H. Abrams, Wayne Booth, Kenneth Burke, Matei Calinescu, R. S. Crane, Nelson Goodman, Richard McKeon, Stephen Pepper, not to mention countless other artists and thinkers of our moment—engage that overweening query, “What is postmodernism?,” engage and even answer it tacitly. In short, like a latter-day M. Jourdain, they have been speaking postmodernism all their lives without knowing it.But what is postmodernism? I can propose no rigorous definition of it, any more than I could define modernism itself. For the term has become a current signal of tendencies in theater, dance, music, art, and architecture; in literature and criticism; in philosophy, psychoanalysis, and historiography; in cybernetic technologies and even in the sciences. Indeed, postmodernism has now received the bureaucratic accolade of the National Endowment for the Humanities, in the form of a Summer Seminar for College Teachers; beyond that, it has penetrated the abstractions of “late” Marxist critics who, only a decade ago, dismissed postmodernism as another instance of the dreck, fads, and folderol of a consumer society. Clearly, then, the time has come to theorize the term, if not define it, before it fades from awkward neologism to derelict cliché without ever attaining to the dignity of a cultural concept. 1. “Maybe the most certain of all philosophical problems is the problem of the present time, of what we are, in this very moment,” writes Michel Foucault in “The Subject and Power,” reprinted as “Afterword” in Michel Foucault: Beyond Structuralism and Hermeneutics, ed. Hubert L. Dreyfus and Paul Rabinow : 777-96. Ihab Hassan is Vilas Research Professor of English and Comparative Literature at the University of Wisconsin—Milwaukee. He is the author of, among other books, Radical Innocence , The Dismemberment of Orpheus , Paracriticisms , and The Right Promethean Fire . His latest work, Out of Egypt, is forthcoming in 1986. (shrink)

It is idle of [J. Hillis] Miller and [Wayne C.] Booth, and [M. H.] Abrams too, to talk about the methodology of interpreting complex literary texts before they have determined what interpretational behavior is in ordinary, mundane, routine, verbal interaction. The explanation for this statement lies in the logical and historical subsumption of literary written texts by all written texts. In the subsumption of written texts by spoken verbal behavior, in the subsumption of spoken verbal behavior by semiotic behavior, and (...) in the subsumption of semiotic behavior by whatever it is we are responding to when we use the word "meaning." If Professor Booth goes into his usual coffee shop to get his morning coffee, and says to the waiter, "I'd like a cup of coffee, please," and the waiter brings it to him, what has happened? What is the methodology of the waiter? It is not absurd to ask why the waiter does not bring the America Cup filled to the brim with unroasted coffee beans, nor why Professor Booth does not say, "I asked you for a cup of coffee, but you have brought me a cup of mostly hot water." Moreover, if Professor Booth searches the literature of linguistics and of psychology in order to locate those studies and experiments which will tell him about the methodology of the waiter, he will find very little. The original program of linguistics set forth a hierarchy of investigation, beginning with phonemics, and going on through morphemics, syntactics, semantics, to pragmatics. But as yet very little has been accomplished above syntactics. Psychologists, at least of the typical academic breed, seem to be unaware of the problem. Morse Peckham, Distinguished Professor of English and Comparative Literature at the University of South Carolina, is the author of Beyond the Tragic Vision, Man's Rage for Chaos, Victorian Revolutionaries, Art and Pornography, Explanation and Power: An Inquiry into the Control of Human Behavior, and two volumes of collected essays, The Triumph of Romanticism and Romanticism and Behavior. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Grand Theory on Trial:Kafka, Derrida, and the Will to PowerNina Pelikan StrausIn summa: so that man may respect himself he must be capable of doing evil.(Nietzsche, The Will to Power)1IThe following pages offer evidence that in The Trial Kafka invents characters who deploy a Nietzschean-sourced language of deconstruction related to what we now call theory; that in "Before the Law" Kafka's priest deconstructs The Law to which K. is (...) subjected, and that Kafka exposes the discursive devices by which laws can be deconstructed. Kafka's text then opens the way to another kind of deconstruction of that-which-is-already-deconstructed as performed by Jacques Derrida in his 1987 essay, "Before the Law."2 Although this claim may seem self-evident or rhetorically circular to some readers of Kafka and his commentators, it is the result of years of puzzlement concerning the impact of Grand Theory in American criticism.This puzzlement, often accompanied by antagonism, is shared by critics whose essays comprise Patia's and Corral's Theory's Empire: An Anthology of Dissent. The 2005 volume includes major reassessments of poststructuralist theory, notably Derrida's, by Tzetan Todorov, Thomas Nagel, M. H. Abrams, Kwame Anthony Appiah, Frederick Crews, René Welleck, David Bromwich, and others. While the deconstructionist idea of the arbitrariness of the signifier appears to be a central target of these critics' analysis, it is precisely the arbitrariness of the signifier called the Law that Kafka explores in The Trial.Kafka's intended relation to what he exposes has been much debated. [End Page 378] Stanley Corngold refers to the "undecidability" of Kafka's work and its "narrative mood of neutrality."3 The emphasis on "undecidability" in Kafka can be viewed as symptomatic of the influence of French Theory embraced by the American literary academy in the 1970s and 1980s. This latter view of Kafka's writing contrasts sharply with an earlier view, such as Hannah Arendt's, that The Trial, for all its ambiguity and multivalence, carries precise political meanings and warnings that Kafka fully intended. The deconstructionist moment did not bury convictions such as Adorno's or Canetti's that "from the beginning, Kafka sided with the humiliated,"4 or that for "a generation of early readers Joseph K.'s arrest was... a prophetic anticipation of the fate awaiting Hitler's victims."5 But deconstruction's skeptical effect undermined the certitude that Kafka was a politically important novelist. For its detractors, the deconstructionist view that there is "nothing outside of the text" ignores that texts like Kafka's have shaped human lives and human history. Wellek, who helped to introduce French theory to American literature departments, now asserts that theory has destroyed literary studies, while Frederick Crews argues that "Derrida's judgment that 'there is nothing outside the text' automatically precludes recourse to evidence." In Crews's view, "both Derrida and his myriad followers think nothing of appropriating and denaturing propositions from systems of thought whose premises they have already rejected." Thomas Nagel goes further in condemning "post-modern relativism" as a "quick fix" which puts reason to sleep. In Theory's Empire, Derrida's language is described as a "maze," a "prison house of language," a "limbo of combined attention and nonassertion."6The arguments against deconstruction theory can scarcely be summarized here, but a sampling of the commentaries in Theory's Empire on Derrida can lead us through and eventually back to what is or isn't at political stake in reading The Trial. Two questions are of concern: How much of Kafka's political acumen does Derrida ignore or misread in his commentary on "Before the Law"? And: to what degree do Derrida's rhetorical devices and ingenious language games resemble the language of the Courtiers who torture Joseph K.? What might such an analogy imply? Other questions follow, such as David Bromwich's very important ones. "About the status of Derrida's procedures there was always a puzzle," he writes. "Was deconstruction a technique proper to the commentator, and necessary as a tactic against the naïve constructionism of the author? Or was it something the author's writing practiced for itself, in... (shrink)