Preferred Citation: Dimock, Wai Chee. Residues of Justice: Literature, Law, Philosophy. Berkeley:  University of California Press,  c1996 1996.


2— Part and Whole

1. Michael Walzer, The Spheres of Justice (New York: Basic Books, 1983), 3, 5, 3.

2. Plato, The Republic , trans. Benjamin Jowett (New York: Vintage, 1991), Book 4 (129).

3. In recent years, a lively debate has sprung up on just this point. The most influential position to date, the Tucker-Wood thesis (proposed by Richard Tucker and Allen Wood), maintains that in Marx's critique of capitalism, injustice is not adduced as the ground of critique. This view has been further refined and elaborated by Richard Miller and Allen Buchanan, both of whom emphasize Marx's critique of justice. See R. C. Tucker, The Marxian Revolutionary Idea (New York: Norton, 1969), 37-53; Allen Wood, "The Marxian Critique of Justice," Philosophy and Public Affairs , 1 (1972): 244-282; Allen Buchanan, Marx and Justice: The Radical Critique of Liberalism (Totowa, N.J.: Rowman and Littlefield, 1982); Richard Miller, Analyzing Marx (Princeton: Princeton University Press, 1984).

4. Emerson, "The American Scholar," in Selections from Ralph Waldo Emerson , ed. Stephen E. Whicher (Boston: Houghton Mifflin, 1957), 64.

5. Henry David Thoreau, Walden and Other Writings , ed. Brooks Atkinson (New York: Modern Library, 1950), 41.

6. Chapters 1-3 of Adam Smith's Wealth of Nations (1776) bear the respective titles, "Of the Division of Labour," "Of the Principle which gives occa-

sion to the Division of Labour," and "That the Division of Labour is limited by the Extent of the Market." See An Inquiry into the Nature and Causes of the Wealth of Nations , ed. R. H. Campbell and A. S. Skinner (Oxford: Clarendon Press, 1976). Smith was not the first one to hit upon the concept. Sir William Petty, in Political Arithmetic (1690), and Bernard Mandeville, in The Fable of the Bees (1714), also wrote approvingly of the division of labor.

7. Smith, Wealth of Nations , 1:15.

8. Ralph Waldo Emerson, "Doctrine of the Hands," lecture given on December 13, 1837, at the Masonic Temple, Boston, reprinted in Early Lectures of Ralph Waldo Emerson , ed. Stephen E. Whicher, Robert E. Spiller, and Wallace E. Williams (Cambridge: Belknap, 1964), 2:230.

9. John Ruskin, The Stones of Venice , vol. 10 of The Complete Works of John Ruskin , ed. E. T. Cook and Alexander Wedderburn (London: George Allen, 1904), 196.

10. Karl Marx, Capital , trans. Samuel Moore and Edward Aveling (New York: International Publishers, 1967), 1:339, 345.

11. Ibid., 360.

12. Jakobson sees metonymy as a principle of contiguity and contrasts it with metaphor as a principle of equivalence. He associates the former with Realist narrative and the latter with Romantic poetry. See his "Linguistics and Poetics," in The Structuralists: From Marx to Lévi-Strauss , ed. Richard T. DeGeorge and Fernande M. DeGeorge (Garden City, N.Y.: Doubleday, 1972), 85-122. See also Roman Jakobson and Morris Halle, Fundamentals of Language (The Hague: Mouton, 1956).

13. Kenneth Burke, A Grammar of Motives (Berkeley: University of California Press, 1969), 503-511. I should point out that Burke distinguishes between metonymy and synecdoche, associating the former with reduction and the latter with relations between part and whole. However, as he readily allows, the tropes "do shade into one another," and "metonymy may be treated as a special application of synecdoche." In short, even though Burke's "metonymy'' is narrower than Lakoff's, the former can nonetheless be assimilated to the latter.

14. For instance, as Lakoff points out, the subcategory working mother is actually defined against a silent normative category, housewife-mother , comprising those who presumably do not "work." For Lakoff's interesting "culturization" of metonymy, see his Women, Fire, and Dangerous Things: What Categories Reveal about the Mind (Chicago: University of Chicago Press, 1987), 77-90.

15. Hayden White, Metahistory: The Historical Imagination in Nineteenth-Century Europe (Baltimore: Johns Hopkins University Press, 1973), 281-330.

16. Charles Taylor, Sources of the Self: The Making of the Modern Identity (Cambridge: Harvard University Press, 1989), 159-207, quotations from 176, 177.

17. Karl Marx, A Contribution to the Critique of Political Economy , ed. Maurice Dodd (New York: International Publishers, 1970), 20.

18. Sandel, for example, has critiqued Rawls for assuming that "the

bounds of the subject unproblematically correspond to the bodily bounds between human beings." See Michael Sandel, Liberalism and the Limits of Justice (New York: Cambridge University Press, 1982), 80.

19. Aristotle, Nicomachean Ethics , trans. Martin Ostwald (Indianapolis: Bobbs-Merrill, 1962), 125-127.

20. Charles Taylor, Sources of the Self , 186-192. Actually, in his respect for the concrete particular, Aristotle is much less committed to ontic logos than Plato is, a point noted by Taylor and Martha Nussbaum, among others. So, in citing Aristotle, we are already encountering the lowest common denominator of the tradition of ontic logos.

21. Adelmannus of Brescia, Epistle to Berengar; Sentences of Florian , 66; Alger of Liege, On the Sacraments , I.17; William of Saint-Thierry, On the Sacrament of the Altar , 12. All quoted in Jaroslav Pelikan, The Growth of Medieval Theology (600-1300) , vol. 3 of The Christian Tradition (Chicago: University of Chicago Press, 1978), 191.

22. 1 Corinthians 10:16-17.

23. Augustine, Exposition of the Gospel of John , 26.15, quoted in Pelikan, The Growth of Medieval Theology , 191.

24. Hugh of Breteuil, On the Body and Blood of Christ , quoted in Pelikan, The Growth of Medieval Theology , 199.

25. Berengar of Tours, On the Holy Supper , quoted in Pelikan, The Growth of Medieval Theology , 192, 194.

26. Guitmond of Aversa, On the Reality of the Body and Blood of Christ in the Eucharist , quoted in Pelikan, The Growth of Medieval Theology , 197.

27. Berengar of Tours, Fragments , quoted in Pelikan, The Growth of Medieval Theology , 198.

28. Ibid., 203.

29. In the Thomistic formula, the effects of the Fall chiefly involved the disordering of the faculties and the rebellion of the senses against reason. See Barbara Kiefer Lewalski, Protestant Poetics and the Seventeenth-Century Religious Lyric (Princeton: Princeton University Press, 1979), 15.

30. Galileo, Dialogue Concerning the Two Chief World Systems (1632), quoted in Ian Hacking, The Emergence of Probability (Cambridge: Cambridge University Press, 1975), 26.

31. Pelikan, The Growth of Medieval Theology , 185, 201.

32. Kantorowicz, of course, sees this as an instance of "political theology": the transposition of a religious faith into an ideology of the state. Ernest H. Kantorowicz, The King's Two Bodies: A Study in Medieval Political Theology (Princeton: Princeton University Press, 1957).

33. Edmund Plowden, Commentaries or Reports , quoted in Kantorowicz, The King's Two Bodies , 9.

34. Bacon, Post-nati , 651, quoted in Kantorowicz, The King's Two Bodies , 448.

35. Frederic W. Maitland, "The Crown as Corporation" (1901), in Collected Papers , ed. H. A. C. Fisher (Cambridge: Cambridge University Press, 1911), 3:249.

36. See Christopher Lawrence, "The Nervous System and Society in the Scottish Enlightenment," and Steven Shapin, "Homo Phrenologicus," both in Natural Order: Historical Studies of Scientific Culture , ed. Barry Barnes and Steven Shapin (Beverly Hills: Sage, 1979), 19-40, 41-71; Simon Schaffer, "States of Mind: Enlightenment and Natural Philosophy,'' in Languages of Psyche: Mind and Body in Enlightenment Thought , ed. G. S. Rousseau (Berkeley: University of California Press, 1990), 233-290; John W. Yolton, Thinking Matter: Materialism in Eighteenth-Century Britain (Oxford: Basil Blackwell, 1984).

37. See especially the chapter on "The Evidence of the Senses: Secularization and Epistemological Crisis," in Michael McKeon, The Origins of the English Novel, 1600-1740 (Baltimore: Johns Hopkins University Press, 1987), 65-89.

38. On this point, see Alasdair MacIntyre, After Virtue (Notre Dame: University of Notre Dame Press, 1981), esp. 79-108.

39. Indeed, from a certain perspective, materialism and dualism might turn out to be the same thing. For this stunning point, see Richard Rorty, Philosophy and the Mirror of Nature (Princeton: Princeton University Press, 1979).

40. This "Enlightenment" Marx is currently embraced by some Marxists. See especially, Sebastiano Timpanaro, On Materialism , trans. Lawrence Garner (London: Verso, 1980).

41. Michel Foucault, The Order of Things: An Archaeology of the Human Sciences (New York: Vintage, 1973), 251.

42. Karl Marx and Frederic Engels, The Holy Family (Moscow: Foreign Languages Publishing House, 1956), 172. This particular chapter was written by Marx.

43. Ibid., 173.

44. Karl Marx, The Economic and Philosophic Manuscripts of 1844 , ed. Dirk J. Struik (New York: International Publishers, 1964), 180, italics in original. This "corporeal" aspect of materialism has been largely overlooked. For a notable exception, see Elaine Scarry's brilliant reading of materialism as corporealism in The Body in Pain: The Making and Unmaking of the World (New York: Oxford University Press, 1985), 242-277.

45. Marx and Engels, The Holy Family , 173, italics in original.

46. MacIntyre, After Virtue , x.

47. Karl Marx, Grundrisse: Introduction to the Critique of Political Economy , trans. Martin Nicolaus (New York: Vintage, 1973), 83.

48. Marx, Grundrisse , 472-473, italics in original.

49. Ibid., 474, 483, italics in original.

50. Raymond Williams, "Problems of Materialism," New Left Review 109 (1978): 3-17, quotation from 3-4.

51. The critique of Bruno Bauer is developed in The Holy Family (1844), the critique of Ludwig Feuerbach in The German Ideology (1845) and in "Theses on Feuerbach," where Marx observes that Feuerbach reduces all historical process to the "abstract individual," an "inward dumb generality which naturally unites the many individuals." Against this view, Marx argues that "the

essence of man is no abstraction inherent in each separate individual. In its reality it is the ensemble (aggregate) of social relations." See "Theses on Feuerbach," appendix to The German Ideology , ed. R. Pascal (New York: International Publishers, 1947), 198-199.

52. Marx and Engels, The Holy Family 52-53, italics in original.

53. In the last chapter of Capital , Marx seemed to be moving away from his longstanding conception of an "objective" class identity. He wrote, "What constitutes a class?—and the reply to this follows naturally from the reply to another question, namely: What makes wage-labourers, capitalists, and landlords, constitute the three great social classes?" And he went on to say, " At first glance —the identity of revenues and sources of revenue," which would seem to suggest that he was about to change his mind (or at least to offer an amendment). However, since the manuscript broke off at just this point, the amendment was never developed. See Capital 3:886, italics mine.

54. Marx and Engels, The Holy Family , 52, 53.

55. Marx further clarifies this point in his preface to A Contribution to the Critique of Political Economy (1859), where he suggests that "the bourgeois mode of production is the last antagonistic form of the social process of production, . . . but the productive forces developing within bourgeois society create also the material conditions for a solution of this antagonism" (21, italics mine).

56. Karl Marx, Critique of the Gotha Programme (New York: International Publishers, 1966), 10.

57. Louis Althusser, For Marx , trans. Ben Brewster (New York: Vintage, 1970), 127, 197.

58. See, for example, Althusser's "Contradiction and Overdetermination," and "On the Materialist Dialectic," in For Marx , 87-128, 161-218; see also Louis Althusser and Etienne Balibar, "Marxism Is Not a Historicism," in Reading Capital , trans. Ben Brewster (London: NLB, 1975), 119-144.

59. Althusser, For Marx , 203, italics in original.

60. For example, in all his writings, and especially in "On the Materialist Dialectic," Althusser refers routinely to a "pre-given complex structured whole."

61. For an illuminating discussion, along the axis of gender, of this individualist deployment of difference in the service of identity, see Mary Poovey, Uneven Developments: The Ideological Work of Gender in Mid-Victorian England (Chicago: University of Chicago Press, 1988).

62. Marx, Capital , 1:354, 351, 356, 351.

63. In this sense, Marx's position in Capital actually represents a retreat from (and a simplifying of) his earlier position, articulated for example in The German Ideology , where he concedes the involuntary character of the social division of labor and at least entertains the possibility of a parallel between it and the industrial division of labor. See The German Ideology , 22.

64. Emile Durkheim, The Division of Labor in Society , trans. George Simpson (New York: Free Press, 1964), 41.

65. Marx's economism is qualified, of course, by his observation, in his

unfinished 1857 "Introduction" to the Critique (subsequently published as the "Introduction" to the Grundrisse ), about the "uneven development of material production relative to e.g. artistic development" and (he further adds) "legal relations" ( Grundrisse , 109). The phrase "uneven development'' has been a major inspiration for political theorists and literary critics, though it remains asserted rather than elaborated in Marx. And, in any case, since the 1857 "Introduction" was not published until 1903 in Die Neue Zeit , and the Grundrisse not published until 1939 in Moscow, Durkheim certainly would not have known about it when he published The Division of Labor in Society in 1893.

66. Anthony Giddens has since revised Durkheim into an impressive nonfunctionalist theory of structuration. See, for example, his Central Problems in Social Theory (Berkeley: University of California Press, 1979).

67. This is Durkheim's central argument in The Division of Labor in Society . See especially 70-173, 256-282, 329-352.

68. Ernesto Laclau and Chantal Mouffe, Hegemony and Socialist Strategy: Towards a Radical Democratic Politics (London: Verso, 1985), esp. 93-148; quotation from 95.

69. Charles Taylor, Sources of the Self , 186.

70. The scholarship on this point is voluminous. For a standard account, see Anthony Kenny, Descartes (New York: Random House, 1968), 96-125.

71. My previous book, Empire for Liberty: Melville and the Poetics of Individualism (Princeton: Princeton University Press, 1989) was certainly one example of this practice. But then, that book was among distinguished company.

72. Herman Melville, "The Paradise of Bachelors and the Tartarus of Maids," in The Piazza Tales and Other Prose Pieces , ed. Harrison Hayford et al. (Evanston and Chicago: Northwestern University Press and the Newberry Library, 1987), 316. All subsequent citations to this edition will appear in the text.

73. Eve Kosofsky Sedgwick, Between Men: English Literature and Male Homosocial Desire (New York: Columbia University Press, 1985), esp. 83-96.

74. Francis J. Grund, The Americans in Their Moral, Social, and Political Relations (London: Longman, Rees, Orme, Brown, Green, and Longman, 1837), 2:1-2, italics in original.

75. Henry Ward Beecher, Lectures to Young Men (1844; rpt. New York: J. C. Derby, 1856), 35-36.

76. Henry Ward Beecher, Norwood: or, Village Life in New England (New York: Charles Scribner, 1868), 23, 24.

77. Henry Ward Beecher, "Dream-Culture," in Star Papers: Experiences of Art and Nature (New York: J. C. Derby, 1855), 263, 268, 263, 269.

78. Nor was this the only occasion he was known to do so. William C. McLoughlin, for example, has compared Beecher's "massive inconsistency" to Whitman's. See The Meaning of Henry Ward Beecher: An Essay on the Shifting Values of Mid-Victorian America, 1840-1870 (New York: Knopf, 1970), 30.

79. This was true not just of America, but also of industrial England. See, for example, E. P. Thompson's seminal essay, "Time, Work-Discipline, and Industrial Capitalism," Past and Present 38 (December 1967): 56-97.

80. James Leonard Corning, The Christian Law of Amusement (Buffalo: Phinney and Co., 1859), 7.

81. The historian Daniel T. Rodgers, puzzling over these seeming contradictions, has come up with what seems to be a crucial organizing principle: "The sermons explicitly directed at the young, the poor, or the working class tended also to be those in which the gospel of work was most prominent; in thinking of the prosperous, overtaxed businessmen in his congregation he often chose the counsel of leisure." See Rodgers, The Work Ethic in Industrial America, 1850-1920 (Chicago: University of Chicago Press, 1978), 98.

82. Beecher, Norwood , 16. The idea that leisure is properly enjoyed only by those entitled to it is not unique to Beecher, of course. Joseph Addison, for example, in The Spectator 411 (June 21, 1712), had long ago suggested that "there are, indeed, but very few who know how to be idle and innocent, or have a relish of any pleasures that are not criminal." I am indebted to John Buck for bringing this citation to my attention.

83. Henry Ward Beecher, "Popular Amusements," in Lectures to Young Men , 215-251, quotations from 249, 250, 251. As Lawrence Levine has persuasively demonstrated, the theater was popular entertainment in the nineteenth century, quite different from the exclusive pastime it has become today. See "William Shakespeare in America," in his Highbrow/Lowbrow: The Emergence of Cultural Hierarchy in America (Cambridge: Harvard University Press, 1988), 11-82.

84. Beecher, preface to Star Papers .

85. See Richard H. Brodhead, Culture of Letters (Chicago: University of Chicago Press, 1993).

86. The allure of such a world as found in "The Paradise of Bachelors" was personally experienced by Melville himself during his visit to London in December 1849, when he was wined and dined by the literary and legal community.

87. Robert K. Martin has argued for an affirmative view of male friendship in Melville. See his Hero, Captain, and Stranger: Male Friendship, Social Critique, and Literary Form in the Sea Novels of Herman Melville (Chapel Hill: University of North Carolina Press, 1986). For a contrary account (emphasizing Melville's complex relation to homophobia), see Eve Kosofsky Sedgwick, Epistemology of the Closet (Berkeley: University of California Press, 1990), 91-130.

88. Judith A. McGaw, Most Wonderful Machine: Mechanization and Social Change in Berkshire Paper Making, 1801-1885 (Princeton: Princeton University Press, 1987), 335.

89. Joan Wallach Scott, "'L'ouvrière! Mot impie, sordide . . . ': Women Workers in the Discourse of French Political Economy," in her Gender and the Politics of History (New York: Columbia University Press, 1988), 139-163, quotations from 158, 155.

90. The pioneering and still useful account of the doctrine is Barbara Welter, "The Cult of True Womanhood, 1820-1860," American Quarterly 18 (1966): 151-174. Since then, a vast body of scholarship has sprung up on the subject.

For a good summary of the now diverse positions, see Linda Kerber, "Separate Spheres, Female Worlds, Woman's Place: The Rhetoric of Women's History," Journal of American History 75 (1988): 9-39.

91. "Scribbling women" is Hawthorne's phrase, not Melville's. For Melville's anxieties about authorship, see Michael Newbury, "Figurations of Authorship in Antebellum America" (Ph.D. diss., Yale University, 1992). See also Michael T. Gilmore, American Romanticism and the Marketplace (Chicago: University of Chicago Press, 1985).

92. For extensive discussions of this point, see Thomas Bender, Toward an Urban Vision: Ideas and Institutions in Nineteenth Century America (Baltimore: Johns Hopkins University Press, 1975), 21-93; John F. Kasson, Civilizing the Machine: Technology and Republican Values in America, 1776-1900 (New York: Penguin, 1977), 53-106.

93. Charles Dickens, American Notes (1842; rpt. New York: St. Martin's Press, 1985), 60-61.

94. William Scoresby, American Factories and Their Female Operatives (1845; rpt. New York: Burt Franklin, 1968), 54, 55, 69, 82, 88, 51.

95. Christine Stansell, for example, has emphasized the benefits of factory work, as opposed to the take-home "outwork," which not only paid less but also "bolstered up older forms of partriarchal supervision and curtailed the ways in which single women could turn manufacturing work to the uses of independence." See her City of Women: Sex and Class in New York, 1789-1860 (Urbana: University of Illinois Press, 1987). The upbeat conclusions of Stansell (and Thomas Dublin, discussed below) need to be supplemented, however, by the work of other historians, who call attention to the persistent low pay, the job segregation, and the failure of women workers to break free from traditional families. See, for example, Mary Blewett, Men, Women, and Work: A Study of Class, Gender, and Protest in the Nineteenth-Century Shoe Industry (Urbana: University of Illinois Press, 1988), and McGaw, Most Wonderful Machine . For critiques of mainstream labor history as insufficiently attentive to questions of gender, see Sally Alexander, Anna Davin, and Eve Hostettler, "Labouring Women: A Reply to Eric Hobsbawm," History Workshop 8 (Autumn 1979): 174-182; Joan Wallach Scott, "Women in The Making of the English Working Class ," in her Gender and the Politics of History , 68-92; Susan Levine, "Class and Gender: Herbert Gutman and the Women of 'Shoe City,''' Labor History 29 (1988): 344-355; Alice Kessler-Harris, "Gender Ideology in Historical Reconstruction," Gender and History 1 (1989): 31-49, esp. 31-37. For a useful survey of the vast scholarship on this subject, see Ava Baron, "Gender and Labor History," in Work Engendered , ed. Ava Baron (Ithaca: Cornell University Press, 1991), 1-46. For a more general discussion of the methodological entanglements between Marxism and feminism, see Heidi Hartmann, "The Unhappy Marriage of Marxism and Feminism: Towards a More Progressive Union," in Women and Revolution: A Discussion of the Unhappy Marriage of Marxism and Feminism , ed. Lydia Sargent (Boston: South End Press, 1981), 1-42.

96. Thomas Dublin, Women at Work: The Transformation of Work and Community in Lowell, Massachusetts, 1826-1860 (New York: Columbia University Press, 1979), quotation from 89. I should point out that in his recent work, Dublin has somewhat qualified this enthusiastic account. See his Transformation of Women's Work: New England Lives in the Industrial Revolution (Ithaca: Cornell University Press, 1994).

97. This is, in fact, something of a convention in their writings. Harriet Hanson Robinson insists, for example, "When I look back into the factory life of fifty or sixty years ago, I do not see what is called 'a class' of young men and women going to and from their daily work, like so many ants that cannot be distinguished one from another" ( Loom and Spindle, or Life among the Early Mill Girls [1898; rpt. Kailua, Hawaii: Press Pacifica, 1976], 37). In the same vein, Lucy Larcom suggests that every woman should "ask herself whether she would like to hear herself or her sister spoken of as a shop-girl, or a factory-girl, or a servant-girl," and ''if she would shrink from it a little, then she is a little inhuman when she puts her unknown human sisters who are so occupied into a class" ( A New England Girlhood [1899; rpt. Gloucester, Mass.: Peter Smith, 1973], 200). For a parallel argument about the nonintegral "multiple consciousness" of black women in the twentieth century, see Angela P. Harris, "Race and Essentialism in Feminist Legal Theory," Stanford Law Review 42 (1990): 581-616.

98. The Lowell Offering: Writings by New England Mill Women (1840-1845) , ed. Benita Eisler (Philadelphia: J. B. Lippincott, 1977), 52.

99. Ibid., 53.

100. Robinson, Loom and Spindle , 43.

101. Here, I am giving voice to a position well articulated by women historians. See, for example, Sally Alexander, "Women, Class, and Sexual Difference," History Workshop 17 (Autumn 1984): 125-149; Ava Baron, "Women and the Making of the American Working Class: A Study of the Proletarianization of Printers," Review of Radical Political Economics 14 (Fall 1982): 23-42; Emily Hicks, "Cultural Marxism: Nonsynchrony and Feminist Practice," in Women and Revolution , ed. Sargent, 219-238; Sonya Rose, "Gender at Work: Sex, Class, and Industrial Capitalism," History Workshop 21 (Spring 1986): 113-121; Joan Wallach Scott, "Work Identities for Men and Women," in her Gender and the Politics of History , 93-112.

102. Larcom, A New England Girlhood , 178-179.

103. Ibid., 223.

104. Nell Kull," 'I Can Never Be So Happy There among All Those Mountains': The Letters of Sally Rice," Vermont History 38 (1970): 49-57, quoted in Dublin, Women at Work , 37.

105. For an important collection of letters by the factory women, see Farm to Factory: Women's Letters, 1830-1860 , ed. Thomas Dublin (New York: Columbia University Press, 1981). Also valuable is the Harriet Hanson Robinson Collection at the Schlesinger Library, Radcliffe College, which includes letters from the Currier sisters.

106. Rebecca Harding Davis, Life in the Iron Mills (Old Westbury, N.Y.: Feminist Press, 1972), 22. All subsequent citations to this edition will appear in the text.


Preferred Citation: Dimock, Wai Chee. Residues of Justice: Literature, Law, Philosophy. Berkeley:  University of California Press,  c1996 1996.