Is it “Stalinist” for a formerly communist country to tear down a statue of Stalin? Should the Confederate flag be allowed to fly over the South Carolina state capitol? Is it possible for America to honor General Custer and the Sioux Nation, Jefferson Davis and Abraham Lincoln? Indeed, can a liberal, multicultural society memorialize anyone at all, or is it committed to a strict neutrality about the quality of the lives led by its citizens? In Written in Stone , legal scholar Sanford Levinson considers the tangled responses of ever-changing societies to the monuments and commemorations created by past regimes or outmoded cultural and political systems. Drawing on examples from Albania to Zimbabwe, from Moscow to Managua, and paying particular attention to examples throughout the American South, Levinson looks at social and legal arguments regarding the display, construction, modification, and destruction of public monuments. He asks what kinds of claims the past has on the present, particularly if the present is defined in dramatic opposition to its past values. In addition, he addresses the possibilities for responding to the use and abuse of public spaces and explores how a culture might memorialize its historical figures and events in ways that are beneficial to all its members. Written in Stone is a meditation on how national cultures have been or may yet be defined through the deployment of public monuments. It adds a thoughtful and crucial voice into debates surrounding historical accuracy and representation, and will be welcomed by the many readers concerned with such issues.
Sanford Victor Levinson is a prominent American liberal law professor and acknowledged expert on Constitutional law and legal scholar and professor of government at the University of Texas Law School. He is notable for his criticism of the United States Constitution as well as excessive presidential power and has been widely quoted on such topics as the Second Amendment, gay marriage, nominations to the Supreme Court, and other legal issues. He has called for a Second Constitutional Convention of the United States.
This provides an unusual angle on a controversial subject as Levinson approaches the politicised debate around statues and their social significance or otherwise as a constitutional lawyer. He wisely eschews any kind of guideline approach, pointing out how problematic existing attempts are. Yet he does offer a useful framework for thinking about these issues. It’s also interesting to see how he revisits his original text, first published in 1998, twenty years later. In the interim the culture wars in his native US intensified and the statue debate moved on a little, though it nonetheless already feels a little dated five years on in light of subsequent events.
With all the controversy on monuments, Levinson argues that the state is not a neutral party and that we need to deal with it head on. Levinson recognizes that the victors or the majority choose and that it may make sense for the statues to stay as a historical matter or that the alternative destruction may be worse.
A legal scholar's view of the destruction of monuments and symbols. I agree with him: it is arguably better to contextualize (or recontextualize) the symbols than to destroy or erase them.
A quick little read about how even though memorials often seem permanent and timeless, they are part of a changing political and cultural landscape. Sanford Levinson explores how regime and government styles in Eastern Europe influence how monuments are treated and how some are even disposed. He then turns his focus to the United States and how this process is different, especially with American Civil War monuments. Part of this includes the discussion of the use of the Confederate battle flag in government spaces. It is an interesting discussion on how history, collective memory and physical space all interact. Levinson describes his background as being a constitutional scholar and his interaction with public memory and monuments from a legal standpoint presents some interesting views on how change to public monuments can be accomplished.
A distinguished professor of constitutional law comments on how public space is organized to convey desired political lessons. Public space includes not only statues and monuments, but the names on buildings and streets and even state songs and school mascots. Although this is an older title (and the battle flag atop the South Carolina state house has since been removed) I still found this essay helpful. The tension between current values and historic preservation has not lessened since 1998 and in fact may be increasing. Levinson provides a range of options to address these conflicts.