Brophy has written extensively on race and property law in colonial, antebellum and early 20th Century America. He is the author or co-author/editor of six books on race reparations, property law and American legal history. In addition, he has published extensively in law reviews. Currently, Brophy is completing a book on antebellum jurisprudence, tentatively titled "University, Court, and Slave," which will be published by Oxford University Press.
There is, of course, nothing new in all of this program, nothing fantastic such as Huxley's "Hatchery and Conditioning Centre." The reader, while he cringes at the horror, keeps repeating to himself, "It can't happen here." Nevertheless, Orwell compels us to recognize not only Nazi devices but also certain telltale symptoms in our own social and political practices that cannot help but undermine our complacency.
In George Orwell's 1984 (1949), the society of the year 1984 which Orwell projects for us is based on the assumption that a "limited" nuclear war of the 1950s had left civilization severely crippled and that government controls were seized by well-organized opportunists employing the familiar methods of a police state to maintain power. London, the scene of the novel's action, is the capital of Oceania, one of three superpowers. The other superpowers are called Eastasia and Eurasia. The city of London contains a few enormous government buildings and a small number of fine apartment buildings, but the vast majority of the buildings are eighteenth- or nineteenth-century houses in dilapidated condition which provide shelter for the common people. There are also a good many neglected bombed-out areas. Certainly this is not a picture of somebody's dream city.
The Millennium: A Comedy of the Year 2000 by Upton Sinclair. A novel in which capitalism finds its zenith with the construction of The Pleasure Palace. During the grand opening of this, an explosion kills everybody in the world except eleven of the people at the Pleasure Palace. The survivors struggle to rebuild their lives by creating a capitalistic society. After that fails, they create a successful utopian society "The Cooperative Commonwealth," and live happily forever after..
There is a kind of state religion in Utopia which includes high priests and public worship. "They invoke God by no other name than Mythras, a name they all apply to the one divine nature, whatever it may be. No prayers are devised which everyone cannot say without offending his own denomination." (126) "When the priest [...] comes out of the sacristy, everyone immediately prostrates himself on the ground out of reverence; on all sides the silence is so profound that the spectacle itself inspires a certain fear, as if in the presence of some divinity." (128) Priests are held in such high esteem that "even if they commit a crime they are not subject to a public tribunal but are left to God and their own consciences. [...] For it is unlikely that someone who is the cream of the crop and is elevated to a position of such dignity only because of his virtue should degenerate into corruption and vice." (124)
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Equality for all mankind is not a realistic goal in Wells's view. That, he believes, would mean a loss of individuality, and individuality is an inherent requirement of human nature. Similarly, competition is necessary to a thriving society. Taking what he considers a practical position, he sees the new society as divided into four classes of persons which he calls poietic, kinetic, dull, and base. There is a leader caste, called Samurai, which is drawn primarily from the poietic group, though some from the kinetic class may qualify. Persons who volunteer for Samurai membership must meet stringent requirements, both physical and mental; and they must pledge to conform to the rules of the caste, which forbid eating meat, smoking, drinking, gambling, and participation in public sports or entertainments. The Samurai furnish the World State with its administrators, legislators, lawyers, doctors, and other leaders. Furthermore, they are the only voters in the commonwealth. The male members of the Samurai are encouraged to marry women of comparable qualifications, and they are encouraged to produce children with the aim of improving the quality of the population. The lower classes of citizens, the dull witted, the criminals, and the deformed are exiled from society and prevented from childbearing.