J. R. R. Tolkien, War, and Nationalism
Tolkien may not have intentionally created his fictive nations to mirror real nations, but his world certainly bears the scars of his experiences of war. The World Wars heightened his fear of losing everything that he loved about his local culture through literal obliteration or assimilation into another culture in the event of England‘s losing. Tolkien saw the nation as a social construct that potentially could minimize losses, if not wholly protect local culture from the forces that threatened to destroy it. Yet he also perceived the nation‘s limitations in its ability to protect culture. A nation could grow too large for itself, becoming obsessed with consuming other nations. For Tolkien, national property-amassing leads to a loss of the cultural identity that nationhood aims to preserve. When the forces threatening individual nations become overwhelming, those nations often need to join forces to prevent being taken over by other, more powerful countries. An examination of Tolkien‘s fiction and numerous other sources, including essays and personal letters, suggests that he felt that separate nations should co-exist without imposing on one another, and that the nation taking over others would lose its own identity, whether gradually or suddenly. Despite Tolkien‘s efforts to distance himself from what he felt modernity represented, his fiction (whether consciously or not) grapples with the mid-twentieth century ideological conflicts surrounding the nation. The resulting sense of loss and powerlessness underlies much of Tolkien‘s fiction and leads him to a concept of the nation as an imperfect protector of culture, tempered by its need to rely on other nations. INDEX WORDS: Tolkien, Nationalism, World War I, World War II, National identity, National memory, Internationalism, Individualism, Modernism J. R. R. TOLKIEN, WAR, AND NATIONALISM
Tolkien's Art: A Mythology for England
" J.R.R. Tolkien's zeal for medieval literary, religious, and cultural ideas deeply influenced his entire life and provided the seeds for his own fiction. In Tolkien's Art , Chance discusses not only such classics as The Hobbit, The Lord of the Rings , and The Silmarillion , but focuses on his minor works as well, outlining in detail the sources and influences-from pagan epic to Christian legend-that formed the foundation of Tolkien's masterpieces, his "mythology for England."
Law as Palimpsest: Conceptualizing Contingency in Judicial Opinions (forthcoming 2009)
Metaphors create conceptualizations, and for decades legal academics have employed metaphors to shape understandings of legal problems. But no metaphor in current use successfully conceptualizes the contingency of judicial opinions and the complexity of the relationship between opinions and precedent. This Article seeks to fill this void by introducing a new metaphor, the palimpsest, into the realm of legal analysis. A palimpsest is a writing surface that can be cleared away for reuse, like a personal blackboard. What distinguishes a palimpsest from other writing surfaces is that its removed contents do not disappear, but remain, obscured yet recoverable: A writing on a palimpsest never goes away. This Article argues that thinking of judicial opinions as being part of a shared, ever-evolving palimpsest underscores the fact that they are ultimately contingent and serves as a reminder of the multiple levels of interconnectedness between them and the cases they cite. Precedents—like the underlayers of a palimpsest—never go away, and they inform and shape the application of opinions in ways far more significant than simply serving as points of reference. A palimpsestic approach to understanding judicial decisionmaking also helps to explain why even the oldest, most reviled cases remain part of our national psyche—like underlayers of a palimpsest, they can never truly disappear, and their continued presence forces us to grapple with their existence. Finally, considering judicial opinions as part of a shared palimpsest reminds us that even the most troubling opinion is ultimately contingent, its application subject to reexamination and revision by future courts and future generations. Just as such an opinion replaces its precedents, it too will one day be replaced, like each of a palimpsest’s layers. 2 Law as Palimpsest [Vol. __:__ Law as Palimpsest: Conceptualizing Contingency in Judicial Opinions