"How, Mr. Shesol, does one occupy a fox?"
Brown Archives/John Foraste
Ed Beiser in his office.
I had to admit that I had never considered the question. I was aware,
however, that it had been intended to make me squirm and, not
incidentally, to make the hundreds of students in Salomon 101 erupt in
laughter. It was also aimed at marching those of us enrolled in The
Politics of the Legal System steadily toward an understanding of the
issues raised by
Pierson v.
Post,
a classic case concerning the "occupancy," or possession, of a fox that
had been killed by a hunter. Ed Beiser's question succeeded in all
three regards—just as he knew it would.
One of Brown's most feared and beloved professors, Ed Beiser died
September 4, of Parkinson's disease. He was sixty-five. To call his
teaching method Socratic was to deny its idiosyncrasies and, more
importantly, the craft and consideration that had gone into developing
it. Professor Beiser's approach well predated his mid-1970s enrollment
at Harvard Law School, where he had gone not to teach but to earn a
J.D. The Beiser method was equal parts Socrates, Maimonides, and Mort
Sahl. He could be entertaining, challenging, inspiring, and
riveting—all in a single lecture. He coaxed, led, and, it must be said,
occasionally badgered his witnesses.
Still, Ed was not a showman, and this was not performance for
performance's sake. He believed that we were there (and here) for a
purpose. "We have the great intellectual luxury of picking the hard,
interesting legal questions to study—of examining some of the most
fundamental questions in life," he once told the BAM.
His teaching method reflected his belief that life's biggest, toughest
questions do not yield to cramming on the eve of exams. He required us
to maintain a constant level of engagement with the material.
The Politics of the Legal System and its precursors were not pre-law
classes. When Ed created Brown's interdisciplinary Center for Law and
Liberal Education in 1977, he served notice that he did not hold the
key to law-school admissions. As for students who might insist,
regardless, on using the center as an opportunity to "play lawyer," Ed
promised this: "We will beat them away with sticks." They showed up
anyway, of course, and no doubt are better lawyers, judges, and
policymakers as a result. Many will still tell you that one semester
with Beiser taught them more of value than three years of law school.
In 1985, Professor Beiser became Brown's associate dean of medicine.
He once delivered a lecture at Rhode Island Hospital with the title
"Reflections of a Lawyer Who Likes Doctors." But what Ed really liked
were ethical dilemmas—Hard Choices, as he called one of his most
popular courses. His chief intellectual interest, I think, was neither
law nor medicine but the moral and practical consequences of human
action, inaction, interaction.
One of his colleagues recently told me that Ed would have made a good
rabbi—and this was exactly how many of us, his student congregants,
viewed him. Yes, it helped that he looked and sounded the part. But
really, it was Ed's directness, his genuine concern, and his
appreciation for the deep moral difficulties with which even young men
and women must grapple, that made him far more than a professor to so
many of us during his thirty-five years at Brown.
I remember sitting with him in his backyard on a sunny spring
afternoon a week or two before my graduation. I had been to his office
a couple of times that semester to revisit some question he had raised
in class, but this meeting was social; I was stopping by to say thanks
and good-bye. I found that he was not done with me yet. His face was
impassive—the "mask" associated with Parkinson's disease—but his eyes
were alert, conveying a range of reactions. And his questions, as ever,
kept coming. Now they concerned my life plans and career goals, rather
than some fine point of constitutional law. Seated in a lawn chair,
beside a small table bearing a pitcher of iced tea, Professor Beiser
administered one last exam before I went off to face whatever hard
choices lay ahead.
A former speechwriter for President Bill Clinton, Jeff Shesol '91 is
a partner at West Wing Writers, a speechwriting and communications
strategy firm, and author of Supreme Power: Franklin Roosevelt vs. The Supreme Court, which will be published by Norton in March.