Literature, Legal Decisions, and the Plastic Palimpsest

As part of the Walt Whitman course I’m taking online, I watched a fascinating interview between Supreme Court Justice Elena Kegan and Harvard professor Elisa New. I’ve often blog about court decisions, but I’ve rarely thought about them as a literary form and the interplay of court decisions and other literature.

At one point, Justice Kagan, speaking about a poem said,

So reading this made me think a little bit harder about what I was seeing every day, in a way, that I guess, great poetry can do-- is to make you notice things that you don't notice in the world.

It struck me that we need Judges and Justices that read poetry; that notice things that normally aren’t noticed.

In another section she talks about quoting other judges

All the time, I use what other judges have said. And if I'm a judge and I have this amazing quote from Louis Brandeis-- man, I make sure to use that quote, right? Because it's an amazing quote, and because Louis Brandeis said it gives me a kind of credibility.

It was a wonderful discussion.

Today, I have been cleaning up some of the dangling fragments of ideas for blog posts on my computer. There are so many ideas bouncing around in my head that I would like to explore. I decided I would write a blog post exposing and exploring some of these ideas.

I was going to title the post something like, palimpsest. It is a wonderful word, dating back to Cicero, talking about writing over something, such as on a parchment that has been scraped off and is being reused.

Yet the idea of palimpsest that I always go to is from Judge John Woolsey in his decision about James Joyce’s Ulysses.

Joyce has attempted — it seems to me, with astonishing success — to show how the screen of consciousness with its ever-shifting kaleidoscopic impressions carries, as it were on a plastic palimpsest, not only what is in the focus of each man’s observation of the actual things about him, but also in a penumbral zone residua of past impressions, some recent and some drawn up by association from the domain of the subconscious.

It is such a wonderful quote, and I often think about this blog, with its ever-shifting kaleidoscopic impressions and the penumbral zone residua of my own past impressions, sometimes written about, sometimes, just in fragments, sometimes not even yet in fully formed thoughts.

But now, I’ve written my blog post of the day, exploring literature, legal decisions, and the plastic palimpsest underlying my own blog, so I’ll have to explore the incomplete fragments in a later post.