the Law, the Universe, and Everything 

Search

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

lr_jkr9_12_08supremecourt.jpg

ad-logo5.jpg

Our Podcast

Subscribe to Law Talk

Law-Rev-Forum-2.jpg

law-rev-contents2.jpg

Law-Prof-Blog-Census.jpg

Categories

Accounting
Administrative Announcements
Administrative Law
Admiralty
Advertising
Agricultural Law
Anonymity
Antitrust
Architecture
Articles and Books
Bankruptcy
Behavioral Law and Economics
Bioethics
Blogging
Book Reviews
Capital Punishment
Civil Procedure
Civil Rights
Conferences
Constitutional Law
Consumer Protection Law
Contract Law & Beyond
Corporate Finance
Corporate Law
Criminal Law
Criminal Procedure
Culture
Current Events
Cyberlaw
DRM
Economic Analysis of Law
Education
Empirical Analysis of Law
Employment Law
Environmental Law
Estates and Trusts
Evidence Law
Family Law
Feminism and Gender
First Amendment
Food
Google & Search Engines
Health Law
History of Law
Humor
Immigration
Insurance Law
Intellectual Property
International & Comparative Law
Interviews
Jurisprudence
Law and Humanities
Law and Inequality
Law and Psychology
Law Practice
Law Professor Blogger Census
Law Rev (Boston College)
Law Rev (Boston University)
Law Rev (California)
Law Rev (Chicago)
Law Rev (Columbia)
Law Rev (Cornell)
Law Rev (Duke)
Law Rev (Emory)
Law Rev (Fordham)
Law Rev (Georgetown)
Law Rev (GW)
Law Rev (Harvard)
Law Rev (Illinois)
Law Rev (Indiana)
Law Rev (Iowa)
Law Rev (Michigan)
Law Rev (Minnesota)
Law Rev (Northwestern)
Law Rev (Notre Dame)
Law Rev (NYU)
Law Rev (Penn)
Law Rev (S Cal)
Law Rev (Stanford)
Law Rev (Texas)
Law Rev (UCLA)
Law Rev (Vanderbilt)
Law Rev (Virginia)
Law Rev (Wash U)
Law Rev (Wm & Mary)
Law Rev (Yale)
Law Rev Contents
Law Rev Forum
Law School
Law School (Hiring & Laterals)
Law School (Law Reviews)
Law School (Rankings)
Law School (Scholarship)
Law School (Teaching)
Law Student Discussions
Law Talk
Legal Ethics
Legal Theory
Media Law
Movies & Television
Philosophy of Social Science
Politics
Privacy
Privacy (Consumer Privacy)
Privacy (Electronic Surveillance)
Privacy (Gossip & Shaming)
Privacy (ID Theft)
Privacy (Law Enforcement)
Privacy (Medical)
Privacy (National Security)
Property Law
Race
Religion
Reparations
Science Fiction
Second Amendment
Securities
Social Network Websites
Sociology of Law
Supreme Court
Tax
Teaching
Technology
Tort Law
Web 2.0
Weird
Wiki
Wills, Trusts, and Estates

Archives

October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
August 2005
July 2005
June 2005
May 2005

 

« Felony Murder Laws Really Work? Cut To The Video! | Main | "Don't You Think It's Time To Give Up the Sarcastic Method?" »

April 14, 2007

Postrel (and Fergie) on Egalitarian Glamour

posted by Frank Pasquale

glamor.jpgI've always had a love-hate relationship with Virginia Postrel's work--so perceptive an aesthetic theorist, yet so complacent about commercial culture! But those studying IP have to come to terms with it, if only because she wrestles with a topic central to our endeavor: what is the value of those cultural products protected by copyright and trademark law? In The Substance of Style, Postrel argued that we routinely and vastly underestimate the contribution of design and beauty to our well-being. From an upcoming book proposal on Glamour, it looks like she's about to expand and refine that argument.

Focusing on a variety of glam entities, Postrel distills three common components which "are not aesthetic elements but imaginative qualities: grace, mystery, and transcendence." She reverentially recites a litany of products and personages that ooze glamor: Oprah, art deco, and Pre-Raphaelites all get props. To her credit, she recognizes glamour can be used for evil as well as good--she notes how Leni Riefenstahl glamorized a horrific Nazi program. But that's just a bump on the road for a treatment that clearly wants to elevate our appreciation of glamour:

[D]espite its dangers, we would be foolish simply to reject glamour. It is too powerful to be denied, and its power can inspire good as well as evil. Although glamour has been a tool for tyrants, it has also provided an imaginative refuge for the ostracized and oppressed. . . . True sophistication lies not in rejecting or eschewing glamour—a largely futile approach—but in understanding how it works.

Note the slipperiness of the terms of evaluation here; where once "good, evil, and danger" were our guideposts, by the end of the paragraph "sophistication" becomes the summum bonum. Her discussion also reminds me of the Nussbaum-Kahan exchange in Bandes's The Passions of Law, where Nussbaum argues for purging public life of emotions like disgust, while Kahan argues for a progressive appropriation of the concept. I think Kahan got the better of that exchange, but I'm a bit skeptical of glamor...even in the wake of books like Dream, Stephen Duncombe's argument for tapping into "America's collective unconscious through spectacle."

There's always a democratic edge to Postrel's work, a gnawing need to establish that a new age of design, aesthetics, and glamour is a tool of self-realization for the masses. She admits that "Glamour can erode our appreciation of quotidian pleasures, and our sympathy with human limitations, exacerbating our dissatisfaction with life as it actually exists. And glamour can exclude outsiders as surely as it can dignify them." But she always finds some way of de-emphasizing these trends, noting, for instance, that "The 1930s made glamour a truly mass phenomenon, one no longer dependent on geography or class." (Yep, the KMart blue light special offers up glam items just as frequently as Agnes B.) For Postrel, the answer is not to beat or ignore the glamorous, but to join them: "glamour can . . . provide an essential imaginative leap toward personal achievement or social and economic progress."

Though I should probably wait for the whole book before I pass judgment, I have to say now that I'm not buying the masstige angle. Glamour is inevitably exclusionary, the classic example of a positional good: by her own terms, the glamorous have to transcend somebody, and that's usually the rest of us. Rather serendipitously, hip-hop diva Fergie provides a great example of this process in her video "Glamorous."

Fergie first recalls all the fun she had "back in the day," and insists that she is still "Fergie from the block:"

I don't care, I'm still real
No matter how many records I sell
After the show or after the Grammies
I like to go cool out with the family
Sippin', reminiscing on days when I had a Mustang

But the video belies her egalitarian sentiments, eventually closing with her flying alone in a private jet. Her old pals are nowhere to be seen in her new life. And as we're told at its beginning and end, "if you ain't got no money"....well, you really aren't invited to participate.

Which all brings me back to my first encounter with the word "glamour": the renewal of baptismal promises all Roman Catholics are required to affirm at certain masses. One must affirm one will "reject the glamor of evil," a provocative phrasing that turns on a theological commitment to the idea that all are drawn away from the good by an almost centrifugal force of original sin. It's not the "attraction" of evil, or even "temptation," but its "glamor" we are to be particularly wary of. Regardless of one's religious commitments, the jamming together of evil and glamor in this formula is an intriguing reminder of the ways that weakness of will can lead anyone away from their ideals. Moreover, I think we can all hope that people find "grace, mystery, and transcendence" in something less ephemeral than a handbag.

So what's the legal implication? Well, I'd be pretty cautious of any initiative that uncritically accepts the glamor industry's account of its value to society...be it proposals to give IP protection to the fashion industry, or ever more initiatives to protect the business model of the movie or music cartels. Is the "cult of luxury brands" about rewarding fine design and craftsmanship, or preserving opportunities for conspicuous consumption? There's no easy way to judge . . . but it's a lot more interesting (and relevant) argument than dry quantifications of projected sales figures.

Posted by Frank Pasquale at April 14, 2007 04:00 PM

Trackback Pings

TrackBack URL for this entry:
http://www.concurringopinions.com/movabletype/mt-tb.cgi/1932.

Comments

The Devil does wear Prada!

I can't comment on the legal implications, but Postrel outdoes Bernard Mandeville here, and that's no mean accomplishment: private vices (envy, avarice, etc.) not only bring 'publick benefits' but, through glamour, 'an essential imaginative leap toward personal achievement.' Wow!!! Just what we need for what ails us, an apologia for opulence and desire, an apologia for 'keeping up with the Kennedys.' I once was blind but now I see: Lifestyles of the Rich & Famous are our salvation. All this time I've been enjoying the articles in the The New Yorker, when I should have focused on the ads with full-page pictures of the glamorous people: their youth and beauty, their clothing, jewelry and cars, their restaurants and interior decorating, their parties and vacations. Now I know why my doctor and dentist have Architectural Digest, Art & Antiques, Vogue, ELLE, Vanity Fair, Santa Barbara...in the waiting room! They truly have my personal well-being and overall human flourishing in mind! Makes me want to holler, 'Give me that old time religion:' Let's rehabilitate Victorian moral critics like John Ruskin or William Morris. Or Christian Socialists like R.H. Tawney.

I'm reminded of Nicholas Xenos' comment in Scarcity and Modernity (1989): '[Adam] Smith emphasized the second-order happiness the competition for social esteem brings and the material wealth it inadvertently generates, but as that competition intensifies, as the perspective of comparison narrows, it sows the seeds of perpetual frustration. Chasing an image of what we would like to be like, we are less likely to be satisfied with what we are at any moment. We resent those whom we cannot catch and those whom we perceive as trying to catch us. Consuming is the activity of a democracy of signs; resentment is its final judgment. [...] In such a social situation, individuals experience a world of insufficiency. Seeking to identify ourselves, we encounter myriad models for emulation, either on our travels through the public spaces of modernity--airports, avenues, stores--or through exposure to film, print, video, or audio representations, or both. Whole industries dealing in fashion, advertising, and entertainment are devoted to keeping these images continually before us. Where there is enjoyment to be had in the pursuit of the desires we adopt along with these models, it lies not so much in the enjoyment of the things we accumulate--though there is that, if time allows--as in imagining ourselves as what we want to be through the possession of these things. But because the models change or are continuously revised, there is no respite from the travail of our imaginings, we never quite get to where we want to be [when the Buddhist argues that there is 'no-self,' this is not quite what she had in mind!].'

In a discourse more congenial to Postrel, she might consider Jon Elster's argument that 'The pleasures of consumption tend to become jaded over time, while the withdrawal symptoms become increasingly more severe. The consumption activity remains attractive not because it provides pleasure, but because it offers release from the withdrawal symptoms. Conversely, the attractions of self-realisation increase over time, as the start-up costs diminish and the gratification from achievement becomes more profound. There are economies of scale in self-realisation, whereas consumption has the converse property.' Please see: Jon Elster, 'Self-realisation in Work and Politics: The Marxist Conception of the Good Life,' in Jon Elster and Karl Ove Moene, eds., Alternatives to Capitalism (Cambridge, UK: CUP, 1989), pp. 127-158.

Posted by: Patrick S. O'Donnell at April 14, 2007 07:10 PM


I just wish that people would remember that glamour is a false beauty put in place to hide what is intrinsically not attractive (faries and the like use it to hide their true plain or ugly nature.) That actually still applies to a lot of what's called glamourous today, though most are just as taking in by it as by fairy magic.)

Posted by: Matt at April 14, 2007 07:37 PM


Matt: to her credit, Postrel does note the etymology of the word glamor, as a sort of "bewitchment" arising from occult practices. I think she's trying to recover the concept from its suspect origins...but as you point out, perhaps there's something to trusting the etymology here!

Patrick: I love the Elster point on consumption. I think that once one gets on the consumption "treadmill," it can become very hard to stop. And of course whatever "distinguishes" oneself usually tends to just leave everyone else looking less appealing in comparison.

Your comment also makes me think about the dual purpose of a lot of the glam goods Postrel mentions: both to please the owner and to impress others. But as Xenos points out, building on the insights in Girard's Desire, Deceit, and the Novel, so often the former depends intensely on the latter...it's a triangulated desire, entirely dependent on the "hall of mirrors" of others' perceptions.

Finally, Alain de Botton's Status Anxiety is a very nice narrative treatment of these ideas, focusing heavily on literature.

Perhaps we are in a cultural battle over the meaning and initial associations people have with glamor; i would like people to first think of Emma Bovary, conspicous consumption, and vapid fashion editors; Postrel would set up less objectionable products and personages as aspirational.

Posted by: Frank at April 15, 2007 12:17 PM


While glamor is positional, the position need not depend on one's wealth. Because of commercial culture, the poor can become glamor relatively easily compared ages past. Furthermore, nothing in its definition suggests a necessary relationship between glamor and wealth.

Posted by: Law Student at April 15, 2007 04:52 PM


While glamor is positional, the position need not depend on one's wealth. Because of commercial culture, the poor can become glamor relatively easily compared ages past. Furthermore, nothing in its definition suggests a necessary relationship between glamor and wealth.

Posted by: Law Student at April 15, 2007 04:52 PM


Dear Law Student,

I humbly suggest that you are utterly mistaken as regards the relation between wealth and glamour, as any perusal of the handful of books mentioned above will attest. Of course being wealthy doesn't necessarily mean one is glamorous, but it is at least a necessary condition; and while being relatively or comparatively poor need not mean one can't in some figurative, episodic or evanescent sense, appear 'glamourous' (after all, that's the stuff of great tragi-comedic cinema), glamour in affluent societies is a prerogative of the rich and the near-rich, apart from those creative and envious few adept at pretending to possess the requisite accoutrements of such wealth. Where are those images of glamour in contemporary culture that suggest otherwise? Certainly the poor may desire to be glamourous, but by what criteria (or: who possesses an abundance of symbolic and cultural capital?) do others assess their success at such an endeavor? (And here we might re-read Pierre Bourdieu)

Posted by: Patrick S. O'Donnell at April 15, 2007 06:02 PM


I'm with Patrick here. Things may have gotten a little better since deMaupassant's The Necklace.

[http://www.amlit.com/deMaupassant/SS/TheNecklace.html]

But overall, trying to "keep up with the Jones's glamour" today is hard, and ever harder as income inequality increases. The price of a glamorous place in Brooklyn these days? About $2.5 million:

http://nymag.com/realestate/vu/2007/04/30324/

Posted by: Frank at April 15, 2007 06:28 PM


Oh, that's what you mean by glamorous. I don't find those people glamorous. I just think they're rich and envied by some.

Posted by: Mr. Dumbhead at April 16, 2007 01:15 PM


Oh, that's what you mean by glamorous. I don't find those people glamorous. I just think they're rich and envied by some.

Posted by: Mr. Dumbhead at April 16, 2007 01:15 PM


Post a comment




Remember Me?

(you may use HTML tags for style)

Authors

Daniel J. Solove

Website
Understanding Privacy

Kaimipono Wenger

Website
SSRN Page

Dave Hoffman

Website
SSRN Page

Nate Oman

Website
SSRN Page

Frank Pasquale

Website
SSRN Page

Deven Desai

Website
SSRN Page

Michael O'Shea

Website
SSRN Page

Sarah Waldeck

Website
SSRN Page

Lawrence Cunningham

Website
SSRN Page

Danielle Citron

Website
SSRN Page

Jaya Ramji-Nogales

Website
SSRN Page


Guests

Robert Ahdieh
Neil H. Buchanan
Miriam Cherry
Susan Kuo
Jonathan Lipson
Paul Ohm
Geoffrey Rapp
Susan Scafidi
Howard Wasserman
Timothy Zick






ad-logo3.jpg

blawg100_winner2.jpg

Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Francesca Bignami
Jeremy Blumenthal
Bruce Boyden
Donald Braman
Al Brophy
Bill Burke-White
Scott Burris
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Christine Haight Farley
Kim Ferzan
Dan Filler
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
Craig Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Christine Hurt
Darian Ibrahim
Dan Kahan
Sam Kamin
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Anita S. Krishnakumar
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Joseph Liu
Solangel Maldonado
Jason Mazzone
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Neil RIchards
Lori Ringhand
Alice Ristroph
Paul Secunda
Jessica Silbey
Peter Smith
Charles Sullivan
Rick Swedloff
Steph Tai
Robert Tsai
Steve Vladeck
Sarah Waldeck
Melissa Waters
Alfred Yen
David Zaring
Timothy Zick
Jonathan Zittrain

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
Beltway Blogroll
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
Convictions
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
JD2B.com
Juris Novus
Jurisdynamics
Law and Letters
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian
Mirror of Justice
National Security Advisors
Opinio Juris
Point of Law
Political Theory Daily Review
PrawfsBlawg
ProfessorBainbridge.com
Property Prof
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog

Pajamas Media BlogRoll Member