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Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts The Wizard of Oz--Did You Know?
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Tuesday, December 19, 2006
The Wizard of Oz--Did You Know?
Brian Tamanaha
Every now and then I read something that comes as a complete surprise. You might have the same reaction to the following passage from Jack Weatherford's The History of Money (1997), which comes out of his discussion of the late nineteenth century debate over adding silver to the gold monetary standard:
Comments:
In the book, Dorothy's slippers are silver, which along with the yellow brick (i.e., gold) road represent the bimetallic money standard of the time. (Silver didn't show well on screen, so they changed them to ruby.)
Also, the Wizard's palace appears white when seen through the green glasses -- the White House, where the seemingly ominous but actually puny President, er Wizard, resides.
I think the original meaning is widely known, at least in academic circles. I first heard this in 1991 when I assisted in an American politics course taught by Sid Milkis (now of U. Va.), who got it from the late political theorist Wilson Carey McWilliams, who got it from...
Milkis's account was more detailed than the one given here. I've used it in American politics courses, and I can say that almost all students are generally surprised by it.
I had heard the Oz was an allegory, though not that the Wicked Witch of the West who enslaved yellow Winkies represented our imperialist designs on Asia. (Although it does make sense). I had heard she represented a drought ruining western farmers, and that was why Dorothy killed her with water.
Does anyone else know?
I found this interesting, so I went hunting for more details. I found several sources that say the scholars have speculated on the meanings, but that there is no real conclusive proof.
Interestingly, it seems that Baum himself said, "Having this thought in mind, the story of 'The Wonderful Wizard of Oz' was written solely to please children of today. It aspires to being a modernized fairy tale, in which the wonderment and joy are retained and the heartaches and nightmares are left out." Straightdope has a bit, debunking the "Baum really meant it as an allegory!" theory as well as link to "The Rise and Fall of The Wonderful Wizard of Oz as a 'Parable on Populism,'" by David B. Parker. So I am now in the "huh, I didn't realize you can read it that way," camp, as opposed to the "This is what Baum really meant" camp.
shag: So let's see some comments on the "serious point."
"Original meaning" and "plain meaning" folks might not know they are lying. But when one claims to deny the invocation of context all that is really happening is critical, honest, analysis of one's preferred context is avoided. Can anyone deny the need for context in finding meaning? Can anyone deny the effect on meaning of shifting contexts? How, then, can anyone seriously consider "plain" or "original" meanings findable without reference to the shifting contexts of time, person, place? Here's how: Where the goal is persuasion rather than wisdom then this illegitimate denying of contextual issues is quite effective. But such churlish tricks have no place in the discourse of grown-ups.
American Heritage Magazine had an article in it Dec. 1964. written by Daniel P. Mannix about L Frank Baum. He tells of how the story started. He was telling children a made up story when a kid asked him the name of this land. "Stumped, Baum looked around him for inspiration. In the next room were filing cabinets, and one bore the letters O-Z." He also tells a Russian version where Dorothy lives in a trailer in Kansas, and knows little about American life because American books she has are such shoddy productions. The whole article is really interesting.
adam: Do you believe that is mere self-delusion?
If by "plain meaning" they mean some non-context-reliant meaning, yup. Problem is that most of the time we can safely take for granted a great amount of context, textual and cultural. Think of it this way, if there were a "plain meaning" what would there be to argue about? The illusion of plain meanings comes to the fore when the players share sufficient cultural, perceptual and historical context. But even then, those ostensibly "plain" meanings are context dependent. This is why you'll see me frequently citing the four criteria in the Preamble: I find it useful to consider certain topics in the context of "form a more perfect union" and weigh the difference from how things parse in the context, say, of "provide for the common defense." And, of course, there is a species of "thinker" who will use the common illusion of plain meaning as a way to illegitimately foist off their pet assumptions about the way of the world.
Dear Professor Balkin, Balkinization Contributors, Balkinzation Commenters,
Perhaps my single greatest complaint about blogging is how close it comes to creating community...without ever quite getting there. Nonetheless, I feel what follows is apt, and due. In keeping with general thread shelf-life I will be winding down my participation here until the new year. Saturday I travel out of country, net access will be spotty, and my time is probably more wisely spent celebrating the holidays with my wife and in-laws. Anyone who feels I owe them an answer on anything hanging loose is free to email me (check my profile for the address.) I also want to take a moment to explain myself a bit. Keeping in mind that that the comments feature on a blog isn't really designed to create community, nonetheless certain community features can arise therefrom. Part of our community is defined by agreement with the main ideas offered by the primary contributors. Another part of our community is defined by virulent disagreement with same. Part of our community is defined by interaction between these first two parts. I have been trying for quite some time to better understand what I think of as the "No Spin Zone" dynamic, in which people I love come to not only hold views I find repugnant but come to feel that intense passive aggressive browbeating of all who disagree with them is an appropriate means of discourse. Perhaps the best example of this behavior is Bill O'Reilly himself. I've discussed part of that phenomenon, here, and here. To repeat, part of the Balikinization community is formed by the interaction of folks who agree in general with the ideas offered by our host and primary contributors and folks who strongly disagree. I would divide this second camp into two sub-groups, and forgive my obviously slanted labeling, but it's the best I've got at present. I would sub-divide the group of folks who generally disagree with our hosts as being either honest or dishonest. In the former category are folks who are capable of answering a question directly even if that answer comes at a loss of face. In the latter category are folks who would not agree 2+2=4 if there was any chance it could cause them a loss of face in the zero-sum contest they construe life to be. I have been studying, practicing, testing how to interact with this latter group. I have had moments I am proud of. I have had moments that embarrass me. My general advice still stands: "Don't feed the troll," in old-school usenet terms, or "Take a pass on the bait." This last, of course, presupposes the ability to notice when one is being offered a poisoned pill in the first place. Learning to assess with whom one can beneficially engage remains perhaps the most important lesson in bridging ideological gaps. Blessings of the season on all who would be so blessed, well wishes for all. See ya in '07. rl
@adam: In keeping with my note above, but not wanting to leave you hanging, let me leave it at "Plain meaning and original meaning proponents would seem too willing to deny the vast complexities of interpretation, most often to the benefit of their world-view which, under such doctrines, need not be evaluated in any objective manner" or "Plain meaning and originalists would seem inclined to self-servingly deny the complexity of legal hermeneutics." There are, of course, counter examples to the generalization.
Peace.
Adam, if you don't mind me interrupting....
I agree that judges who purport to interpret statutes (or contracts or other legal texts) according to the "plain language" canon would be wise to examine the word or phrase in contention in a text in relation to other words in the text. Taking a word out of context in this sense would almost certainly disort the "plain meaning" of the statute--that is not controversial. IMO, they also need to consider the larger context, e.g., the purpose of the statute, cultural factors, the status of the parties (if a contract), etc. Do you mean that the judge or lawyer interprets the statute according to his own cultural context, and therefore the meaning of the statute shifts according to the reader? I would say yes. Or that when interpreting the statute, the judge should consider the meaning of the words at the time they were written, or the circumstances leading to the statute's enactment? Yes again, along with other factors (precedent, intervening facts, etc.). Should judges interpret "law of nations" according to what that phrase means in 2006 (and the 2006 definition is by no means obvious), or should they look to the "plain meaning" of the term in 1798? The former in my view. But while these cases show that sometimes stautory language is ambiguous or difficult to apply, they don't prove that, because a text is by nature indeterminate, it is impossible to find meaning without looking beyond the text. IMO, and I suspect in Robert's, we find shared meaning in a text because we share an unspoken common background and experience beyond the text. One consequence of this is that these shared assumptions, rather than the text itself, provide a strong reason to enforce what appears on the surface to be a "plain meaning". Where people like Scalia err is in believing (or pretending) that those shared assumptions don't exist and that meaning exists sui generis in the text alone rather than from the interaction of writer, text, and reader. They then insist the meaning is "plain" even though people of good faith believe otherwise. It is plain to him, he's just not willing to investigate the implicit assumptions he makes to reach that conclusion.
And did you know that the song "Puff the Magic Dragon" was really about marijuana? (go ahead, dude, puff the magic. Yeah, drag on, it's awesome!) Or how about that "Bye, Bye, Miss American Pie" by Don Maclean was really about JFK dying?
Or how about all the parallels between Kennedy and Lincoln? All of these theories were made up to fit facts that had already occurred. Baum, who wrote the Oz books, said the theory of the Progressive allegory (the first of these Oz urban myths) was hooey and so are any others that have been dreamed up since. It was a children's story and nothing more. Of coure, it is also said that if you start playing the Pink Floyd CD "Dark Side of the Moon" at just the right instance while "The Wizard of Oz" is playing on your DVD player(with the sound off) the experience is a 'trip' (no blotter needed.) So anything is possible....
The Wizard of Oz
I hope that you all don't think me out of line; but the interpretation of the actual information behind this book is actually more incredible than the book itself; but I only learned the truth about this "fairytale" from someone who you all would find far removed from Oz; but not the true Oz which Mr. Baum so kindly knew so much about. Who taught me about Frank L. Baum? St. John the Divine. While writing my book my brother John who lives on Patmos showed me how Frank L. Baum's book was used to find one particlular child who would unlock the true meaning of it's story and the allegory it really uncovers: the Yellow Brick Road has another name in the Revelation of St. John the Divine: it is the street of pure gold in the Holy City. This has another name in the Bible: it is called the Path of the Just; the one which is walked by those who ascend through the 7 heavens; as Dorothy did in her whirlwind. Of course at the beginning I thought my brother John was kidding me: many years later I now know that no man has ever entered the Kingdom because only as a child can one enter within; and the fact that Frank L. Baum knew the idnetities and the Emerald behind the Throne of God in the midst of the 4 living creatures and their 4 colors in chapter 4 of the Revelation of St. John the Divine after going throught the 7 heavens means that the "open door" John went through was also the one Dorothy went through as well. Who are the 4 creatures of Oz? They are first a Scarecrow; mindless; a Tin Woodsman; heartless; a cowardly Lion: souless. But who is the 4th creature? Toto; the dog. He signifies Dorothy's strength; "All" At this point you probably all think I am crazy; unfortunately Mr. Baum and his story have more to do with one figure than you would possibly believe: the Son of Man. How can that be? I suggest you look at the 4 creatures of the Revelation; each of them guards an object of the Throne behind which is a Emerald. The Manfaced creature guards the Lampstand: the Mind of Christ. The Calf faced creature guards the Censer: the Heart of Christ. The Lion faced creature guards the Altar: the Soul of Christ. Self-sacrificial; "greater love hath no man than this: that he lay down his life for his friends". All of us might be said to be cowardly in light of that simple standard. In the coming of the Son of Man which I discuss in my book from the perspective of a man who dies and is reborn as a child I relate what I learned about the 4th living creature: the flying one Dorothy has with her in that "House'; the Eagle: the "House" is the "Church of the Living God" which is the unity of the 7 churches in which each one represents an old heaven becoming "new". Nor is this all; it's not even scratching the surface. The Eagle guards a Reed like "unto a Rod"; the Strength of Christ. Remember that Jesus called John "a Reed shaken by the Wind". The Reed like unto a Rod is thus someone unshaken by the Wind of Doubt from the Devil as John was. The 4 colors of the Revelation are a little different that the 4 of Oz; but this was done to disguise what they represented until the Child would arrive who would unlock the allegory and prepare us for the journey we all must take: for we all must reach the Kingdom or perish as mortal men and women; but this is not the Destiny of Woman; to transcend the Fate of a Clown is to find one's soul is only immortal if it performs the Will which is it's Destiny: the Soul is female; even as Eve was Adam's visable Soul; as Dorothy was Baum's; or Balm to the Soul. The 4 colors of the Throne are white; red; black and "pale- yellow" . On earth we find they are the four races; at the Chariot of the 4 winds; the white horse is the east wind; the red horse is the south wind; the black horse is the west wind; and the pale horse is the North wind on which sits Death. What has this to do with us? Everything; because the 4 races all lack something that they can only find from the One on the Emerald Throne in the Holy City. The Center. What is the kiss on Dorothy;s forehead? It is the seal of the Living God; which is why she could not be killed or harmed while she goes through the 7 overcomings which are the 7 steps on the Path of the Just by which one ascends the Ladder of Jacob: on the Yellow Brick Road; the Street of Pure Gold in the Holy City: who overcomes in the 7 churches in their now revealed charcater walks with God through the Door of Translation and is "not"; like Enoch. The White Race is Souless; which is why it has not the Zeal which fears not Death; but it learns of the Soul from the Black Race; the Red Race is Heartless; (which Cortez discovered when he saw them cutting out their defeated warriors hearts of the stone mountains at whose summit were the temples to the sun who is Death), they learn of the Heart from the yellow race when Death is destroyed by the Second Death; you'll find him on the White Horse with a name no man knows but he himself: "The Word of God" it is called. Well if God created all things with the Word then that Word can be used to unmake them: ergo the Word itself is the Second Death. In fact this is how John introduced me to the Word of God because all the Lord's people are to be prophets: but only if they follow a little child: as little children follow their Sheperd. The Black Race is mindless; they get that from the White Race when they are giving them their "soul" back. Obviously the Scarecrow as the Black man or "mindless"; the Tin Woodsman as the Red Man or "heartless" (with that Ax: or is it a Tomahawk) and the Cowardly Lion as "souless" would bother some people; the fact they they all have to overcome Death to gain their "rewards" has much to do with the 7 rewards of the 7 churches of Revelation in light of the Tabernacle of God. And the shoes? They are those of the Prodigal Son who comes home to the Father; and the Prodigal Son is Solomon: the Lost Sheep of Israel: Ephraim; the Northern Kingdom which became the lost 10 tribes when it followed Solomon into the Abyss.
The Wizard is one of the characters in The Wonderful Wizard of Oz. Unseen for most of the novel, he is the ruler of the Land of Oz and highly venerated by his subjects. Believing he is the only man capable of solving their problems, sportsbook, Dorothy Gale and her friends travel to the Emerald City, the capital of Oz, to meet him. Oz is very reluctant to meet them, but eventually they are granted an audience. Every time the Wizard appears in a different form, once as a giant head, once as a beautiful fairy, once as ball of fire, and once as a horrible monster. http://www.enterbet.com
The bottom line people, is that the money allegory in the Wizard of Oz is real and relevant to us today. The folks who fought the banks in the 1800's over the issue of money (including Presidents Jefferson and Jackson) warned us about what would happen to our democracy if private banks were allowed to take this power from the government. Their message is clear, we would lose our freedom, and here we are today...
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Books by Balkinization Bloggers Linda C. McClain and Aziza Ahmed, The Routledge Companion to Gender and COVID-19 (Routledge, 2024) David Pozen, The Constitution of the War on Drugs (Oxford University Press, 2024) Jack M. Balkin, Memory and Authority: The Uses of History in Constitutional Interpretation (Yale University Press, 2024) Mark A. Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (University of Kansas Press, 2023) Jack M. Balkin, What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision - Revised Edition (NYU Press, 2023) Andrew Koppelman, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed (St. Martin’s Press, 2022) Gerard N. Magliocca, Washington's Heir: The Life of Justice Bushrod Washington (Oxford University Press, 2022) Joseph Fishkin and William E. Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022) Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021). Mark Philip Bradley and Mary L. Dudziak, eds., Making the Forever War: Marilyn B. Young on the Culture and Politics of American Militarism Culture and Politics in the Cold War and Beyond (University of Massachusetts Press, 2021). Jack M. Balkin, What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Yale University Press, 2020) Frank Pasquale, New Laws of Robotics: Defending Human Expertise in the Age of AI (Belknap Press, 2020) Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020) Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020). Andrew Koppelman, Gay Rights vs. Religious Liberty?: The Unnecessary Conflict (Oxford University Press, 2020) Ezekiel J Emanuel and Abbe R. Gluck, The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (PublicAffairs, 2020) Linda C. McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020) Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019) Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018) Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018) Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018) Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017) Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017) Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016) Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015) Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015) Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015) Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014) Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013) John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013) Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013) Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013) James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013) Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012) Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012) Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012) Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012) Jack M. Balkin, Living Originalism (Harvard University Press, 2011) Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011) Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011) Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011) Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011) Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010) Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010) Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009) Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009) Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008) David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007) Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007) Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007) Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006) Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |