Historian Barbara W. Tuchman on the ‘Art of Writing’ (Part I)

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Legal Studies Research Paper Series Research Paper No. 2014-27

Historian Barbara W. Tuchman on the "Art of Writing" (Part I)

Douglas E. Abrams

Published in the Fall 2014 issue of Precedent, the quarterly magazine of the Missouri Bar: https://www.mobar.org/uploadedFiles/Home/Publications/Precedent/2014/Fall/abrams.pdf

This paper can be downloaded without charge from the Social Sciences Research Network Electronic Paper Collection at: http://ssrn.com/abstract=2522527

Electronic copy available at: http://ssrn.com/abstract=2522527 WRITING IT RIGHT Historian Barbara W. Tuchman on the “Art of Writing” (Part I)

By Douglas E. Abrams war, some thought it would last only a explained the price of miscalculation few weeks, but none could apply the to aides who had not yet read The In October of 1962, the world stood brakes to the miscalculations, national Guns of August. “If this planet is ever on the brink of war as the United resentments, and interlocking alliances ravaged by nuclear war – and if the States demanded dismantling of of- that abruptly ended years of peace.3 survivors of that devastation can then fensive medium-range nuclear missile When the guns finally fell silent more endure the fire, poison, chaos and ca- sites that the Soviet Union was con- than four Augusts later, 30 nations had tastrophe – I do not want one of those structing in Cuba, potentially within suffered a total of 20 million military survivors to ask another, ‘How did it striking range of American cities. and civilian deaths, plus 21 million all happen?’ and to receive the incred- From behind-the-scenes accounts, we more wounded.4 ible reply: ‘Ah, if only one knew.’”10 know that a new book by historian The Guns of August sold more Nearly all of Kennedy’s advisors Barbara W. Tuchman, a private citizen than 260,000 copies in its first eight urged him to bomb the Cuban missile who held no government position, months, remained on the New York sites photographed by American re- contributed directly to the negotiated Times best seller list for nearly a year, connaissance flights. The Joint Chiefs outcome of the Cuban Missile Crisis and won Tuchman the first of her two of Staff urged a full-scale invasion of as the world watched and waited. After Pulitzer Prizes. The war’s origins the island, but the President resisted chronicling Tuchman’s contribution, continue to intrigue historians,5 but the escalation that might have slid the this two-part article discusses her later Modern Library ranks The Guns of Au- United States and the Soviet Union public commentary about what she gust as number 16 on its list of the 100 into World War III. called the “art of writing.”1 best non-fiction books of all time.6 The Guns of August directly influ- One of the book’s earliest and most enced Kennedy’s thinking. “I am not THE MISSILES OF OCTOBER avid readers was President John F. going to follow a course which will In the last week of January 1962, Kennedy, who requested his aides to allow anyone to write a comparable Barbara W. Tuchman was a little read it, had copies distributed to U.S. book about this time, The Missiles of known historian whose three books military bases throughout the world,7 October,” he told his brother, Attor- had not won much popular atten- and reportedly gave copies as gifts ney General Robert F. Kennedy. “If tion.2 Then she published The Guns to visiting dignitaries who visited the anyone is around to write after this, of August, a military history of the White House.8 In a world overheated they are going to understand that we antecedents and first month of World by Cold War tensions, the President made every effort to find peace and War I. The book presented a penetrat- was particularly struck by Tuchman’s every effort to give our adversary ing, carefully researched, and emi- account of a late 1914 conversation room to move.”11 To help preserve this nently readable account of the chain between the former German chancellor understanding for later generations, reactions that led European powers to and his successor about the blunders Kennedy installed a taping system in stumble into the four-year conflict in that sparked the outbreak of war. the White House, including the Oval the summer of 1914, after an obscure “How did it all happen?” asked the Office. 19-year-old Bosnian Serb assassinated first. “Ah, if only one knew,” answered the obscure Austrian Archduke Franz the other, without even trying to make A “WHAT IF” OF HISTORY Ferdinand and his wife during a mo- sense of things.9 When The Guns of August appeared torcade in Sarajevo. During the tense faceoff with the late in January of 1962, President Few European leaders wanted the Soviet Union, President Kennedy Kennedy was a busy man beginning

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Electronic copy available at: http://ssrn.com/abstract=2522527 WRITING IT RIGHT the second year of the “New Frontier,” two types of writing – good writing As an advocate, the lawyer “zeal- with little time outside the Oval Office and bad writing. Good historical writ- ously asserts the client’s position for extracurricular reading. Tuchman’s ing is good writing about history, and under the rules of the adversary book was more than 450 pages long, good legal writing is good writing system.”24 Zealous representation and any White House aide dispatched about law.21 advanced by the Model Rules of to the Library of Congress could easily Poet (and Massachusetts Bar mem- Professional Conduct does not always have returned with other books to sat- ber) Archibald MacLeish made the afford lawyers the personal autonomy isfy the President’s appetite for written point more than a half century ago. to choose among topics that pique our history.12 “[L]awyers would be better off,” he interest, and then to pursue research What if President Kennedy found said, “if they . . . realized that the art wherever it leads. The Guns of August opaque, stodgy of writing for legal purposes is in no At the core, however, commitment or inartful and put it aside after a few way distinguishable from the art of does matter to lawyers. When fueled pages, without drawing lessons that writing for any other purpose.”22 by commitment to client or cause, helped stiffen his resolve to avoid the Tuchman’s observations about a the lawyer’s research and writing sort of impetuous missteps that led writer’s personal and professional can show life and vitality. But when Europe to “sleepwalk” into total war commitment to good writing appear in research and writing remain unstimu- nearly fifty years earlier?13 italics below. The next issue of Prec- lated by that commitment, the final Instead Tuchman delivered prose edent will discuss her observations product inevitably sags. Perceptive that observers have called “erudite about research and expression. That readers can distinguish between legal and highly readable,”14 “elegant,”15 discussion will conclude with lessons writing that (in the words of former “illuminating,”16 lucid and graceful,17 that writers, including lawyers, can U.S. District Judge Charles E. Wy- and “transparently clear, intelligent, draw from the ongoing controversy zanski, Jr.) “shines with the sparkling controlled, and witty.”18 At a time among professional historians about facets of a diamond,”25 and legal writ- when historiography held immediate the relative merits of popular and aca- ing that appears dry and listless. real-world consequences, her best- demic writing. In 1980, Tuchman wrote a news- seller sent a powerful message with paper article decrying what she powerful writing that kept legions of PERSONAL AND PROFESSIONAL perceived as the “decline of quality” readers (including the President of the COMMITMENT in American life.26 She characterized United States) turning the pages. It is “[B]eing in love with your subject “quality” as the fruit of “investment hard for any writer, including a lawyer, . . . is indispensable for writing good of the best skill and effort possible to to deliver the first without the second. history – or good anything, for that produce the finest and most admirable matter.”23 result possible.”27 Quality legal writ- “THE ART OF WRITING” For lawyers in everyday practice, ing depends on lawyers who, in the Barbara W. Tuchman said that “the “love” may often be an inapt word. exercise of professional responsibil- art of writing interests me as much as “Commitment” may better describe ity, marshal personal and professional the art of history.”19 In 1981, she wrote the impulse that should sustain le- commitment to client or cause before Practicing History, a slim volume of gal writers, even ones not moved by putting words on paper. essays drawn from her earlier articles “love” of subject in the general sense and speeches. The book opened with of the word. In private practice and the “[C]oupled with compulsion to observations about what she called public sector alike, lawyers sometimes write must go desire to be read. No “that magnificent instrument that lies write for clients or superiors whom writing comes alive unless the writer at the command of all of us – the Eng- we find difficult or may not know very sees across his desk a reader, and lish language.”20 well, and sometimes argue forcefully searches constantly for the word or Historians’ writing can yield help- for policies or positions that would phrase which will carry the image he ful, though not necessarily perfect, draw our ambivalence, distaste, or wants the reader to see and arouse the analogies for lawyers’ writing. Imper- even outright rejection if we were emotion he wants him to feel. . . . fect analogies remain readily adapt- writing for ourselves and not as repre- [T]he reader is the essential other half able by lawyers because there are only sentatives. of the writer. Between them is an indis-

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Electronic copy available at: http://ssrn.com/abstract=2522527 WRITING IT RIGHT soluble connection. . . .”28 Once the legal writer identifies the Next issue: Barbara W. Tuchman on Lawyers summon personal and pro- intended audience, the writer can tailor research and expression. fessional commitment most effectively style, tone and content in ways that when we recognize that just because help engage readers. This rhetorical we write something does not neces- empathy is particularly important to ENDNOTES sarily guarantee that anyone will read quality writing in today’s frenetic legal 1 Barbara W. Tuchman, Practicing His- tory: Selected Essays 38 (1981). it, wholly or even in large part. This practice. Federal and state judicial 2 Barbara W. Tuchman, The Lost British frank recognition, drawn from humil- dockets have increased faster than Policy: Britain and Spain Since 1700 (1938); ity and not entitlement, led Catherine population growth for most of the Barbara W. Tuchman, Bible and Sword: England and Palestine from the Bronze Age Drinker Bowen to keep a simple sign past generation or so, leaving judges to Balfour (1956); Barbara W. Tuchman, The posted above her desk as she wrote with limited patience for submissions Zimmermann Telegram (1958). her well-crafted biographies: “Will the that remain bloated, sloppy, or off 3 Margaret MacMillan, The War That reader turn the page?”29 the point.32 Judges may sense when Ended Peace: The Road to 1914 (2013). 4 Christopher Clark, The Sleepwalkers: That is a good question for lawyers, they have read enough of a brief, just How Europe Went to War in 1914, Introduc- too. “The writer’s object is – or should as counsel researching precedents tion (2013). be – to hold the reader’s attention. I may grow bored with an overwrit- 5 E.g., id.; Paul Ham, 1914: The Year the want the reader to turn the page and ten judicial opinion. Counsel may World Ended (2013); Sean McMeekin, 1914: Countdown to War (2013); MacMillan, supra keep on turning to the end,” Tuchman have no choice but to plod through an note 3. said.30 Achievement of this desire does opponent’s unwieldy brief or mo- 6 Modern Library, 100 Best Nonfiction, not normally follow from taking read- tion papers, or through unnecessarily available at http://www.modernlibrary.com/ top-100/100-best-nonfiction/. ers for granted. verbose legislation or administrative 7 Jordan Michael Smith, What JFK Didn’t Before a lawyer ever puts words regulations, but even here the writer Know, Boston Globe, Oct. 21, 2012. on paper, the effort to spark a dialog risks obscuring important points amid 8 Richard Pearson, Pulitzer-Winning Histo- with prospective readers begins with the fog. rian Barbara Tuchman Dies at 77, Wash. Post, Feb. 7, 1989, at B6 (obituary). a threshold question: “Who is likely When lawyers write popular pieces 9 Robert Dallek. An Unfinished Life: John to read this?” The answer is usually for lay audiences outside the legal F. Kennedy 1917-1963, at 505 (2003). well within the lawyer’s grasp because arena, holding a reader’s attention can 10 Id.; see also, e.g., Theodore C. Sorensen, most legal writing targets a discrete also pose challenges today because Kennedy 513 (1965); Richard Aldous, How Did It All Happen?, N.Y. Times, Oct. 25, 2013 audience readily identifiable in ad- reading is a buyer’s market. Read- (reviewing MacMillan, supra note 3). vance. Before ever hitting the key- ers have more competitors for their 11 Robert F. Kennedy, Thirteen Days: board, the lawyer may even know the attention than ever before, thanks to A Memoir of the Cuban Missile Crisis 127 prospective readers personally or by technology that generates an unprec- (1969); see also, e.g., Arthur M. Schlesinger, Jr., A Thousand Days: John F. Kennedy in the name or reputation. edented volume of easily accessible White House 692-93 (1965); Meredith Hind- Lawyers know, for example, that written material on almost every ley, The Dramatist: Barbara Tuchman Saw briefs, motion papers and contracts tar- conceivable subject, and just a mouse History as a Grand Tragedy, 33 Humanities (Sept./Oct. 2012). get the parties and the court, but hardly click away. 12 JFK Presidential Library & Museum, anyone else. An opinion letter is usu- “I never feel my writing is born or John F. Kennedy Fast Facts: President’s ally for the client’s eyes only. A judi- has an independent existence,” said Favorite Books, http://www.jfklibrary.org/ cial opinion speaks first to the parties, Tuchman, “until it is read.”33 In the Research/Research-Aids/Ready-Reference/ JFK-Fast-Facts/Favorite-Books.aspx. and then to future courts and litigants, legal arena and elsewhere, the sin- 13 Clark, supra note 4. academic researchers, and (this invites ews of her “indissoluble connection” 14 Hank H. Cox, Blood Royal: True Tale of spirited debate) perhaps lay readers with readers depend on writers who Crime and Detection in Medieval Paris, Wash. Post, May 18, 2014, at B7 (book review) when the decision touches on matters recognize, as stage and screen actress 15 Charlotte Gray, IFOA Author of the Day, 31 of social concern. A magazine article, Shirley Booth said soon after winning Toronto Star, Oct. 29, 2010, at E12 (quoting newspaper column or other “popular an Academy Award in 1952, that “the Gray). piece” anticipates a wider audience, audience is 50 percent of the perfor- 16 The Tuchman Touch, L.A. Times, Feb. 8, 34 1989, at 6. but one whose membership the lawyer mance.” 17 Malcolm Jones & Lucas Wittmann, Read can usually anticipate. All About It, Newsweek, Apr. 2, 2012.

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18 Robert K. Massie, Foreword, in Barbara 27 Id. for which we, as citizens, might have very little W. Tuchman, Practicing History: Selected 28 Tuchman, supra note 1, at 58, 81. sympathy and would not choose to make a rule Essays viii (1981). 29 Ruggero J. Aldisert et al., Opinion Writ- of law if it were left solely to us.”). 19 Tuchman, supra note 1, at 38. ing and Opinion Readers, 31 Cardozo L. Rev. 32 See, e.g., Judicial Conf. of the U.S., 20 Id. at 17. 1, 39 n.87 (2009). Long Range Plan For the Federal Courts 9-12 21 Jay Wishingrad & Douglas E. Abrams, 30 Hindley, supra note 11 (quoting Tuch- (1995); ABA Comm’n on the 21st Century The Lawyer’s Bookshelf, N.Y.L.J., Dec. 12, man). Judiciary, Justice in Jeopardy 39 (2003) (state 1980, at 2 (reviewing Richard C. Wydick, 31 Compare Lee C. Bollinger, Images of a courts). Plain English For Lawyers (1st ed. 1979)). Free Press 42 (1991) (the Supreme Court “can 33 Tuchman, supra note 3, at 81. 22 Archibald MacLeish, Book Review, 78 perform a deeply educative role in society, 34 Shirley Booth, News Summaries, Dec. 13, Harv. L. Rev. 490, 490 (1964) (reviewing affecting behavior far beyond the strictly legal 1954 (winner for Best Actress in Come Back, David Mellinkoff, The Language of the Law domain”); Alexander Meiklejohn, Free Speech Little Sheba). (1963)). and Its Relation to Self-Government 58 23 Tuchman, supra note 1, at 14. (1948) (“The Supreme Court . . . is and must be 24 ABA Model Code of Professional Con- one of our most effective teachers.”), with Wil- Douglas E. Abrams, a law duct, Preamble [1] (2014). liam H. Rehnquist, Act Well Your Part: Therein professor at the University 25 Hon. Charles E. Wyzanski, Jr., Judge All Honor Lies, 7 Pepperdine L. Rev. 227, Learned Hand’s Contributions to Public Law, of Missouri, has written or 227-28 (1980) (“[T]he Supreme Court does co-authored five books. 60 Harv. L. Rev. 348, 348 (1947). not `teach’ in the normal sense of that word at Four U.S. Supreme Court 26 Barbara W. Tuchman, The Decline of all. In many cases we hand down decisions Quality, N.Y. Times Mag., Nov. 2, 1980, at which we believe are required by some Act of decisions have cited his § 6, p. 38. Congress or some provision of the Constitution law review articles.

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