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A Frolic of His
Own |
title) A Frolic of His Own: a legal
phrase that Gaddis found in Prosser: "In 1834 Baron Parke uttered the
classic phrase, that a master is not liable for the torts of his servant
who is not at all on his master’s business, but is ‘going on a frolic
of his own’" (461). Cf. Harry’s explanation (398) and Judge Crease’s comment
on this phrase (429.34-35). Gaddis originally planned to call the novel
The Last Act, but changed his mind shortly before the book was
finished. (dedication) For Muriel Oxenberg Murphy: the woman Gaddis lived with until 1995; they knew each other in the early 1950s, lost touch, then were reunited in the late 1970s. Her country house in Wainscott (out on Long Island, part of the Georgica Settlement) is the model for the Creases’ home. | |
Abbreviated References A. Gaddis’ Books CG: Carpenter’s Gothic. 1985. New York: Penguin, 1999. FHO: A Frolic of His Own. New York: Poseidon, 1994. JR: J R. 1975. New York: Penguin, 1993. R: The Recognitions. 1955. New York: Penguin, 1993. B. Gaddis’s Sources Catton: Bruce Catton, The Army of the Potomac: Mr Lincoln's Army. Garden City, NY: Doubleday, 1962. EB: Encyclopædia Britannica. 14th ed., 1929. ODQ: The Oxford Dictionary of Quotations, 1st ed., 6th impression, (London: Oxford University Press, 1949). Gaddis owned this particular impression, given to him by Ormande de Kay in Paris in 1950. Plato: The Dialogues of Plato. Translated by Benjamin Jowett. New York: Random House, 1937. 2 vols. Prosser: William L. Prosser, Handbook of the Law of Torts, 4th edition (St. Paul: West Publishing Co., 1971). |
(epigraph) What you seek in vain for [...] -- Thoreau, to
Emerson: from the latter’s eulogy "Thoreau" (Atlantic Monthly,
August 1862). Gaddis first used this passage in R (265). The complete text is on a comprehensive Thoreau site, The
Thoreau Reader, under Three
Thoreaus; direct links to the two parts of the Emerson essay are: 13.23 (11.25) money’s just a yardstick isn’t it. Money damages meant to compensate the plaintiff for the harm he has suffered constitute the principal remedy applied by modern courts. "An economic loss can be compensated in kind by an economic gain; but recovery for non-economic losses such as pain and suffering and loss of enjoyment of life rests on ‘the legal fiction that money damages can compensate for the victim’s injury.’ (Howard v. Lecher, 42 N.Y.2d 109, 111, 397 N.Y.S.2d 363, 366 N.E.2d 64). We accept this fiction, knowing that although money will neither ease the pain nor restore the victim’s abilities, this device is as close as the law can come in its effort to right the wrong. We have no hope of evaluating what has been lost, but a monetary award may provide a measure of solace for the condition created." McDougal v. Garber, 73 N.Y.2d 246, 538 N.Y.S.2d 937, 536 N.E.2d 372 (1989) (Wachtler, C.J.). [PF] 14.15 (12.20) the Szyrk case: reminiscent of an incident near the end of J R (671-72), where a mammoth metal sculpture entitled Cyclone Seven traps a boy out on Long Island (see 33.21 below). This time it’s a dog in Virginia. 15.15 (13.28) which opera [...] ‘true love defying family hatred’? a ‘tragic tale of family ties and supersitition’?: 16.9 (14.28) cela va devenir une habitude Madame?: Fr.: "Is that going to become a habit, madam?" ?: Fr.: “Is that going to become a habit, madam?” 16.17 (14.37) Bailey’s 17.3 (15.22) Bunker: Gaddis was a fan of the TV sitcom All in the Family, featuring lovable bigot Archie Bunker. But Gaddis’s upper-class character is more likely named after Bunker Hunt (1926-2014), a wealthy Texas businessman who tried to corner the silver market in the 1970s (mentioned in Gaddis’s Letters, p. 356). He and his brothers were tried for market manipulation in 1988, and were much in the news while Gaddis was working on the novel. 17.6 (15.32) Harry Winston Exclusive jeweler, known for conservative designs that emphasize the gemstones themselves, and so another indicator of Trish's great wealth. http://www.harrywinston.com [CL] 17.12 (15.38) Mister Jheejheeboy: Edie Grimes’s ex-husband in Carpenter’s Gothic. 18.20 (17.13) Stars and Bars: the flag of the Confederate State of America. 19.41 (19.3) Res ipsa loquitur: Lat.: "the thing speaks
for itself." (This, like most of the Latin in Frolic, is legal
phraseology.) The phrase was first introduced into legal discourse
by Baron Pollock (see 29.2 below). 19.42 (19.3) like the chandelier falling on your head: from the case of Goldstein v. Levy (1911), in which a chandelier fell on a music hall patron’s head. The fact that the chandelier had been inspected recently was not enough, the court ruled, to overcome the presumption of negligence raised by res ipsa. [MR] 20.37 (20.7) that mysterious stranger calling on Mozart: Bast relates this incident in J R (41).
Further discussion of the aura surrounding the composition of the Requiem is available at The Mozart Project: 21.13 (20.29) The Magic Flute: written in the final year of Mozart’s life (1791).21.18 (20.34) Rousseau: Jean Jacques Rousseau (1712-78),
Swiss-born French philosopher and political theorist, who opposed
18th-century Enlightenment views. His social theories (from The
Social Contract) are discussed in Oscar’s play (71, 79, 90, etc.) 23.17 (23.11) Antietam: small village in northern Maryland, site of one of the bloodiest battles in the Civil War, treated extensively later in FHO. 27 (23.23) Queen of the Night: Pamina’s mother in Mozart’s The Magic Flute. 23.29 (23.25) Trying to frighten me when we were children: cf. the "Burial of the Dead" section of T. S. Eliot's The Waste Land, ll. 13ff: "And when we were children, staying at the archduke's/My cousin's, he took me out on a sled,/And I was frightened." [AZ] 24.9 (24.9) Heidelberg: a reference to the dueling scars students would acquire at the university in Heidelberg, Germany. 27.34 (28.16) Res ipsa loquitur: see 19.3, 29.31. 28.29 (29.15) A little dab’ll do you: a jingle from a 1960s advertisement for Brylcreem hair oil. 28.42 (29.30) Justice Cardozo in Palsgraf v. Long Island
Railroad: [PF]
one of the classics of legal education, and referred to again at the
end of the novel (579.35). A brief account of this opinion is at http://www.waukesha.tec.wi.us/busocc/law/palsgraf.html 29.2 (29.31) Baron Pollack in Byrne v. Boadle: "The Latin
phrase [res ipsa loquitur], which means nothing more than ‘the
thing speaks for itself,’ is the offspring of a casual word of Baron
Pollock [note correct spelling] during argument with counsel
in a case [footnote: Byrne v. Boadle, 1863, 2 H. & C. 722,
159 Eng. Rep. 299] in 1863 in which a barrel of flour rolled out of
a warehouse window and fell upon a passing pedestrian" –from William
L. Prosser’s Law of Torts (1941; 4th ed., 1971),
p. 213. This standard textbook for law students and lawyers was an
important source book for Gaddis. (This edition is cited at 291.2.)
[PF]
Res ipsa loquitur
is the conventional label applied to events that are in themselves
so plainly the result of negligence they are legally presumed,
without further evidence of their causes, to establish liability.
"Negligence" is the failure of a person to conform to the standard
of care a "reasonable person" would conform to in doing what he was
doing. Thus, for example, it is presumed that if a barrel of
flour rolls out of a warehouse window, the person responsible for
its handling was negligent (and therefore liable for the damage caused
by his negligence). Another classic example of an event that
"speaks for itself" is the discovery of a surgical instrument inside
someone’s body long after the surgery, which is alone sufficient to
establish medical malpractice.
29.18 (30.8) Pee Dee: Rev. Ude’s hometown in Carpenter’s
Gothic. 30.10 (30.2) ‘reality may not exist at all except in the
words in which it presents itself’: as the copyright page acknowledges,
from Larzer Ziff’s Literary Democracy (New York: Viking, 1982),
specifically, from his discussion of Melville’s The Confidence-Man:
"His theme drives toward pure wordplay; reality may not exist at all
except in the words in which it presents itself" (294). 30.24 (31.18) Judge Stanton in Steinberg v. Columbia Pictures et al. [...] 2509—11, 1986 ): from Judge Louis L. Stanton's opinion Steinberg v. Columbia Pictures Industries, Inc., 663 F. Supp. 706 (S.D.N.Y. 1987), concerning cartoonist Saul Steinberg's suit against Columbia for copying his artwork for the movie poster for Moscow on the Hudson. Steinberg (1914-99) was a friend and neighbor of Gaddis's. 30.24 (31.19) Fed. R. Civ. P. 56: Federal Rules of
Civil Procedure 31.3 (32.1) ‘where my beasts [...] Kielwey 3b): from
Prosser 496 and n.40. 31.10 (32.8) more honored in the breach: from Hamlet
(1.4.16). 31.24 (32.22) (Weaver […] 1903): from a paragraph in Prosser on dogs: 502 n.11 (Prosser cites five cases; Gaddis uses the first and third). 32.6 (33.7) the pathetic fallacy: a trope that endows nature with human qualities (such as mercy at 33.4). 33.18 (34.21) Human effort to imitate, supplement, alter or counteract the work of nature: from The American Heritage Dictionary of the English Language. [AZ] 33.23 (34.26) beauty synonymous with truth: from concluding lines of Keats' "Ode on a Grecian Urn": "'Beauty is truth, truth beauty, - that is all/Ye know on earth, and all ye need to know.'" [AZ] 33.24 (34.27) Donatello’s David: a bronze by the Italian sculptor (1386?-1466), which EB praises as "the first nude statue of the Renaissance, the first figure conceived in the round, independent of any architectural surroundings—graceful, well-proportioned, superbly balanced, suggestive of Greek art in the simplification of form, and yet realistic, without any striving after ideal proportions" (7:523). 34.25 (34.28) the Milos Aphrodite: more familiarly known as the Venus of Milo, an anonymous work now in the Louvre. (Milo is the Italian form of Melos [not Milos], the Greek island where the statute was discovered in 1820). 33.31 (34.33) Sir Arthur Eddington’s famous step ‘on a swarm of flies’: in the introduction to his The Nature of the Physical World, the British physicist speaks not of stepping but of placing a piece of paper on a table that (in physical terms of protons and electrons) can be described as "a swarm of flies and sustained in shuttlecock fashion by a series of tiny blows from the swarm underneath" ([New York: Macmillan, 1929], xii).35.6 in rem: Lat.: "against a thing." 34.10 (35.15) ‘which obstructs […] 1918): Prosser 583 and n.29. 34.39 (36.5) (Holland […] 1954): Prosser 589 n.93. 35.11 (36.20) pro tem: abbreviation of Latin pro tempore: "for the time being." 35.27 (36.38) the National Arts Endowment: more correctly, the National Endowment for the Arts. 39.8/37.32] Bizet’s musical innovations [...] broken heart: Bizet died a few months after the premiere of Carmen, but the legend he died from disappointment at the opera’s poor reception—believed by Gibbs in J R (117.14)—is now considered untrue. 37.2 (38.16) (Restatement […] 559): Prosser 743 n.88. {check: same as above?} 37.16 (38.31) (Hartmann v. Winchell […] 1944): Prosser 753 n.7. Walter Winchell (1897-1972) was a popular and influential radio broadcaster.
More
about Ruskin and his art and social views are found on the Victorian
Web: 37.32 (39.8) Bizet’s
musical innovations [...] broken heart: Bizet died a few months
after the premiere of Carmen, but the legend he died from disappointment
at the opera’s poor reception -- believed by Gibbs in J R (117.14)
-- is now considered untrue. [MR] 37.34 (39.10) Aristophanes […] bubble and squeak’: all of these examples come from Rotten Reviews, edited by Gaddis’s friend and neighbor Bill Henderson (Pushcart Press, 1986). Negative reviews of Gaddis’s novels are included in both it and the sequel, Rotten Reviews II. 38.8 (39.26) Horace, Pictoribus [...] potestas: "Poets and painters have always had an equal license in daring invention"—from the Roman poet’s Ars Poetica, 9 (Wickham trans.; ODQ). 38.22 39.39 Cuilibet in arte sua perito est credendum: Lat.: "Every skilled man is to be trusted in his own art." 40.23 (42.15) The Marriage of Figaro: Mozart’s popular 1786 opera. 41.9 (43.9) Payne Whitney: a psychiatric clinic on Manhattan’s Upper East Side, which catered largely to those from well-to-do families (cf. CG 13.10). 44.1 (46.21) praying hands thing of Durer’s: 44.32 (47.17) Kallikak: the fictitious name (created from the
Greek words 45.10 (47.38) Fitzhugh’s Cannibals All!: see 107.19. 45.39 (48.31) story by Stephen Crane? A Small Brown Dog?: that is, "A Dark Brown Dog," first published in Cosmopolitan in 1901. 46.3 (49.1) Patriotic Gore: title of a 1962 book by Edmund Wilson on Civil War literature. 47.6 (50.14) Armageddon Blueplate Special [...] The Rotten Club: cf. Apocalypse Now (1979) and The Cotton Club (1984), both directed by Francis Ford Coppola. (The first title sounds like a Marx Brothers-type gag: "I’m a-gettin’ the pancakes; what are you gettin’?" "Armageddon the blue-plate special.") 47.35 (51.6) France when the communists
were acting up back in the eighteen forties: the upheavel in France
in the 1840s, culminating in the overthrow of the monarchy in 1848,
had more to do with popular unrest than with the new concept of communisme
as it developed during that decade. 48.19 (51.35) Anga Fricka: in
Wagner’s Ring of the Nibelung (cf. 57.20), Fricka is the name
of Wotan’s wife. 49.22 (53.5) Clint Westwood in his first role since A Hatful of Sh*t: cf. Clint Eastwood, star of A Fistful of Dollars (1964). 50.34 (54.25)
the unswerving punctuality of chance: a phrase appearing
near the end of Thomas Wolfe's Look Homeward, Angel (1929)
Gaddis told Steven Moore he heard the phrase used by a fellow Harvard
classmate in the 1940s; it appears in all five of his novels: R
9.5, JR 486.1, CG 233.3, FHO 50.34, 258.4, AA
63.1. – Travis Dunn |
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A Frolic of His
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