Roman Polanski and the Rule of Law

I’ve been struck by the differing views in Europe and the United States regarding whether filmmaker Roman Polanski should be extradited. Polanski drugged and raped a thirteen-year-old girl in Los Angeles, and he then fled the United States in 1978, just before being sentenced. He lived openly in Paris and traveled and worked in Europe for 30 years before recently being arrested in Switzerland, where he remains in custody.

The sentiment among European politicians and artists seems to be that the extradition attempt is another example of uptight, moralistic Americans at work. Donald Tusk, the Polish Prime Minister, said Polanski was being victimized by vengeful Americans and their Swiss lackeys. The President of the German Film Academy was especially outraged because Polanski, an internationally acclaimed director, was arrested at a film festival. Franz Wagner, a German columnist, noted Polanski’s mother had died in Auschwitz and argued that Polanski should therefore be released “because he has suffered enough.” Perhaps the silliest comment came from French intellectual Bernard-Henri Levy. He thought Polanski, 43 at the time of the rape, should be forgiven for “a youthful error.”

Few of the European apologists or commentators have reflected how Polanski’s flight was an affront to the American justice system. Having pled guilty to rape, Polanski basically skipped bail and then continued to thumb his nose at the judge and courts for decades. This type of behavior is a more troubling matter for many Americans, given the central place a belief in the rule of law has in the dominant ideology. The rule of law is of course also held dear in Europe, but the Polanski affair makes clear Europeans are as likely to draw a sense of right and wrong from nationality, history, and a respect for art as they are to rely on a court of law.

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Constitution Day

The most inspiring of holidays grow out of a society’s history and culture, but modern governments are also prone to “manufacturing” holidays for ideological reasons.  Constitution Day is the latter type of holiday.  It has prompted no shortage of interesting academic programs and presentations, including the panel in the Law School on September 17, 2009.  But at the same time, there won’t be many public parades of Americans waving copies of the Constitution.

The road to Constitution Day began in the 1930s when William Randolph Hearst used his chain of newspapers to call for a holiday honoring naturalized American citizens.  Congress responded in 1940 by designating the third Sunday in May “I Am an American Day.”  Then, in 1952, President Harry Truman signed a bill changing the day to September 17 and the name to “Citizenship Day.”  In 2004, with the passage of an amendment to the spending bill sponsored by Senator Robert Byrd, the holiday was again renamed, this time to “Constitution Day and Citizenship Day.”  Those interested in seeing what Congress took to be the purpose of the day, may consult 36 U.S.C. 106.

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What Is an Author?

MV5BMjEyNTcyMTUwNV5BMl5BanBnXkFtZTYwNTc4ODQ2__V1__CR0,0,311,311_SS90_I greatly enjoyed last week’s exchange among colleagues Bruce Boyden, Ed Fallone, and Gordon Hylton regarding literary sequels and the general purposes of copyright law. It is my impression that most blog posts do not purport to be “scholarly,” but the posts by Boyden, Fallone, and Hylton had the length and depth necessary for that characterization.  I hated to see the exchange end. 

The exchange rekindled for me the intellectual question of how to best understand what an “author” is.  The notion of an “author” in modern western culture is a weighty one, carrying with it some sense of origination.  It connotes more than “writer,” which is a less prestigious characterization that goes primarily to a particular activity.  We customarily assume “authors” are intense and even tortured souls heroically working alone.  We also sometimes assume that their chief incentive must and should be monetary enrichment.  These assumptions grow out of dominant ideological prescriptions related to, respectively, autonomous individualism and the bourgeois market economy.

I think it is better to conceive of an “author” as socially constituted. 

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