The University of Texas at Austin

Law in Popular Culture collection

The Legal Studies Forum
Volume 30, Number 1/2 (2006)
reprinted by permission Legal Studies Forum

Lawyers & Poets
Journeys Close to Home

SAUL TOUSTER
_____________________________

Green Apple: Still Life IV

The core of apple is no sweeter
than the seed in the core,
which is bitterer still.

Lost in the greenness
which had come
out of the blue
and made its way
into the apple,
the light becomes
wine in suspension,
growing
darker with time.

Thus is
the apple,
flesh and seed,       
preserved.

[257]

 
Still Life with Porcelain Pitcher

A pale blue porcelain pitcher
with a crackled glaze
stands aloof
above three lemons,
a green apple,
and a speckled brown pear.

On a table of light,
shadows swarm
from the great hive
of sweet meats
to live out their time
under the scant mercy
of this imperious queen.

[258]

 
Still Life with Two Pears
and Kitchen Knife


Un-treed, yanked, cut down
before their time, their yellow skin
beginning to discolor,
two pears that swung like bells
in greenery's carillon
still ring their pealing hymns
through chambered heaven
where they will rest forever
in a too-small canvas box.

Now their drooping stiff stems
cast shadows across the knife
like black arm-bands
worn by next of kin
at an interment. Now
you are asked
to cast a handful of dirt
into a freshly dug hole
to sound a muffled tattoo,
now you are moved
by the harvest hymnal,
and summoned
to your soul's
autumnal
call.

[259]


A Moral Still Life   

Although he has spent
what he's been given
and what he's not,
and spilling wine
over his shirtfront
on its journey from cup to lip
convulsed us with laughter,
there is nothing
in all the poems he's written or
the curses he travels under
to suggest he would—
despite the pain in his chest
serious enough—
for a moment undo
a single act he
could or could not remember,
his memory not being
perfect any more
than anyone's is,
unless it was to do again
with a little more of himself
it, the act, the night
and hang over even
from a higher precipice
to get his breath again.
Now
unless we can understand,
we who were
convulsed with laughter,
understand this
his unrepentance
or rather simply
his unwillingness to say "stop"
to whatever sends the years
racing as they do
in spurts
leaving great gaps
in his lungs,
unless we can do this
we
who were convulsed with

[260]


and
by him
shall never—
or put it this way:
Is there any reason
not to?

[261]

 
The Statue of Liberty

Stunned
by the immaculate skyline
of your throat,
my grandfather paused,
gathered what strength he had
and climbed steerage and thighs
into the tourist air.
Here at your sea-washed hem
he fell
under the shadow of your earlobes
dazzled
by an outrageous chandelier.
Gulled of his bare belongings
he bathed in the sink
after the soup greens,
watched the paint peel
and smelled in Victorian gas cocks
something dangerous.
And yet for you, America,
the elbows of his black serge shone
and the seaweed in his beard
his love
as if he had discovered you.

America!
Thief!
Give me back
my grandfather's eyes!

[262]

 
Kafka's Funeral

The mother,
who should never have lived
to bury a son,
could not believe
she had become the dead man's child.
She wept like a child.
The father,
who should have given the boy a break
by dying first,
could not believe
this was the letter his son sent.
He kept in his mind
an early version
unbelievably innocent.
The betrothed could not believe
this was the bridal bed.
And the friends who came
could not believe
it was June
when tree follows tree in flower
and the frog jumps like the frog.

[263]

 
Memory Of An Irish Housemaid

You were young when you came to us
right off the boat,
and young when you were gone
like an actor, a Jew,
alive in a way
no one could fathom.
At least not a child.
And yet for thirty years
moments of your brogue
have flown from my mouth—
mostly when I'm drunk.

The winters made you sad.
I remember that.
They were so cold you'd shiver at the thought.
No, you wouldn't stir from the house
in the "bitter," except for Mass,
the church a good twelve blocks away.
You went whenever you could.
It made your day.

Perhaps you ought to know,
wherever you are,
the house hasn't been cleaned so well
in years. The way
your chapped hands flew
to your hair!
Ah! but you are lost in the blue
cleanliness of air.

[264]

 
Beside Lake Erie's Frozen Waters

Late geese southward
dip their chill wings
drawing the blue sky of your eyes.
A Baltic wind gallops off the lake—
white specks from oblivion
like the onset of disease.

The light just isn't right.
No matter how you arrange it
the furniture casts incoherent shadows
and snow drifts between us
like an interpreter.
We might do better, you and I.

Producing Chekhov to an empty house
drifts of starling-silent time
bury the world
on the tips of our tongue.
We hang like icicles
from each other's boughs.

And then we walk the Gallery.
The Matisse aches.

Outside, on his pedestal,
bronze David hangs on the Italian sun,
snow-patched to his genitals.

We may as well, you and I,
be stripped of illusion
like him
who fell from the artist's hand and hammer
naked and unfeeling.

[265]

 
Four Complaints

Complaint against the city's parks

A few benches fit all despairs,
the mottled grass—passions
night could not solve.
An anonymous statue holds
a sailor drunk with pigeons
while time,
like a fresh kid,
bothers an office girl
with vulgar gestures of heaven.
There's no horizon.
Even the flowers
are couched
in journalese.

Still, like the office girl
who burned as bright
and lolled in dust as long
as any flower, and was stung
by the same great bee,
I too am touched—
as when I hear of orphanage
or game preserve
or, on a beach, see a gull swoop
and come up with a silvery thing in its beak,
both flapping.

Let's drop the pretense
of green ecstasies,
and give up
altogether
this series of exits
from Eden.

Complaint against the stars

A burnt out star
catches an eye,
draws a finger,
changes a ship's course.

[266]


For all I know
some thick hand
broke the needle's point
and what I see
is shattered glass.
Or is it
a black cat
that holds in its claws
a million mice?

We must draft some other fiction
for night's domestic scheme.

For example:
not to record
the death of stars
does time exist,
but to spread
store of seed.

Complaint against the sky

Rain is what I am thinking of,
and the sound it makes
on bare flesh,
and the taste.

Who needs the tourist sky?
the recreation of the clouds?
the wind's reprise?
—when there's water.

I've circled the odd-shaped earth
and on my windshield
are smeared
the wings and innards of Gandhi's ethic.

There's not enough rain.

Complaint against mystic exercises

In bi-lingual cities:
ferocious appetites,

[267]


unbelievable sunsets,
self-abuse.

Cattle
driven from the night's feeding pens
bury
the immaculate crest of day
in dung.

To be elsewhere,
to be as far from where you are
and as near to where you are not
as the skin can stand—
sit sightless,
chew on the godless air,
spit out
divine mash.

Friends:
Will such experiments
ever
come to anything,
I ask you?

[268]

 
The Indwelling

Irrevocable love like music moves
Beyond itself, beyond recall,
And leaves its resting place, the finished shell,
Composed within the world.

Into my trembling hands, to my ear
The smooth eternal conch is held,
And there a humming of the seas concealed—
Zimzum, zimzum, zimzum . . . .

Some spirit slaves in exile in the shell
Alone in water-darkness,
And prays to be turned to light:
A hard manumission.

What emanations of captivity
Can free us—grave communicants
Who stand listening to sounds
At the confluence of their years?

Love, irrevocable, like music braves
The interval of sound,
The waves, between surges, at my feet,
And the drag of the seas.

[269]

 
Lunch Hour Idyll

Budding iris in April—
in the shadow of Trinity Church
where Wall Street begins
among stones and grass
and historic prisoners of grass.
Sandwiched between the hours
the church clock races
from graveyard to river,
the iris takes its tear-shape time.
After a long winter
the office girls sun themselves—
their coats open,
their eyes closed.

[270]

 
Salo's Release to the Press
In response to inquiries
calling upon him to give
an account of his existence
Gentlemen,
I was born in my native city
In the year of my birth.
My parents, that is, my mother and father,
Raised me in the household
Of which I was a member. I began
My education at school at the age required
By the laws of the state in which we lived,
And I was thereafter educated
In the various schools I attended.
My performance at these schools
Will, I'm sure, be found in the records
Of the department of education
Of the districts in question.
Upon graduation, I ended my schooling
And entered the armed services,
Serving in capacities the authorities found me
Suited for. I remained for the period these same authorities
Determined, at the end of which
I was separated from the service.
It was at this very time, if I recall,
that I re-entered civilian life—

These are the confessions of a man
Who has, hitherto, lived a secret life.
I do not make them lightly,
And I understand fully the consequences
Of putting them in writing.
I make them under no compulsion.
This is a free and voluntary act.
I place myself entirely in your hands.
/signed/ Salo.
[271]

 
Archaic Head

It gazes out at us, quite relaxed,
the head of one who might have soldiered here
and survived the casual butchery of time.

Creation's marble must have fixed his stare
as the long burial fixed the scars he carried.
How he stood and in what fight he fell

he almost wants to tell, but then the stoic
in him won't permit, he who is as worldly
and telling as the resurrected are.

[272]

 
All Birds Are

All birds are of paradise. Nature's small
economies forego the plumage, pay
in song, or size, the price some feature saves.

Sparrows are our pennies, from hand to hand,
common stock endowed with nothing more
than familiarity. But others, a few

high flyers, larks, will sing soul-forming songs
and trace their showy flights on graphs of sky.
At night, owls pounce and keep the numbers down.

But where's the paradise—when mice are bait
And crested blue jays thieve their neighbors' nests?
As justice goes, there's neither loss nor gain.

But somewhere in the darkened loft of mind
where wings are formed, we must be motiveless
as grass to sing and soar and feed like them.

[273]

 
This Leaning of Mine

This leaning of mine, this quick turning toward
your body while you dress, and undress, to
catch a glimpse of a naked breast, bare skin,

your buttocks; this morbid leaning of mine
to spy in quick glance down an open blouse
your cleavage, or trace your legs as they slide

into their silks each morning's ride, and tired
are stabled each night, yes, I do confess
that even here under your watch and ward

I did continuously violate
your privacy. Yes, I trespass. I throw
myself upon the mercy of your flesh,

and nothing mitigate but plead the naked
truth of you. It was the hiddenness
in you, I swear, that did invite me in.

[274]

 
Some Poems

Some poems are written from
the overflow and some
from the barrel's dregs. And you?
"I know by heart a few."

Language steals nature's sound,
or the other way around.
The resonance of clay
can take the breath away.

Some fruit then ripen best
when off the tree, the rest
depending on the crop
must hang until they drop.

[275]


In Normandy

In Normandy, the eyes, the eyes
watched the armada come
blossoming with cannonade,
their fleurs de lis at home.

In Normandy, the tourists tour
the green lawn's graveyard site
where soldiers fell in heat of day
and died in cold of night.

In dark Ardennes, the snow, the snow
fell without a sound,
where buried crimes exposed by thaw
brought us this opened wound.

In dark Ardennes, the trees, the trees
have grown against the time
when shattered limbs and frozen trunks
heard the day's last hymn.

In Burgundy the wine, the wine
flows like an inland sea
and sun-dried tourists play their part
in this economy.

In Burgundy, the sky, the sky
blesses the fragile bud
where rose or gold the grapes are gone
into vats of red.

[276]

 
The Body, At Liberty

Bachelor of the soul,
the body is given to
solitudes that worry
his uncles and aunts.

Too comfortable by far,
he will not listen.
He wants for nothing.
He browses the universe

and turns up the question,
What can a body do?
What can a body do?
In the paintings of St. Sebastian

it's all arrows, and even
Irene, who healed him back
to life, couldn't keep him
from a later martyrdom.

Wounds that are married
to the body provide
with uncanny husbandry
an embarrassment of riches,

bumper crops, fertilized
by ashes, as rains come down
to wash the body in
seasonal gestures of bliss.

[277]

 
Cleft

Here in this cleft
Between my loving you
and getting it right,
I can't breathe a word.

Fish out of water
gasp, thrash,
eventually die.
No such luck.

[278]

 
Three Ways of Approaching the Soul

1.

The body's marriages are bound to fail.
Flesh from the bone divorces, fades away
With nothing of fidelity to show.

It must have been the product of illusion:
Small domesticities, cause and effect,
The tyranny of bonds. Every postmortem

Reveals something like this. Unlike the soul,
Or billiard balls colliding, we're subject to
No necessary force, moving at random

From within. We're free: stars everywhere—
State of the art—pinnacles of desire—
From which we fall in blind flashes of light.

2.

A random storm brings down a nest of dreams,
Our birdlings lost, sending the frantic dreamer
To harrow the sky in great sweeps of mind.

Nothing but cloud, no paths to follow, nothing
To track her brood until she stands stock still
At the black hole of heaven's O and, mourning.

Finds no branch of learning bending far
Enough to hold her cracked-shell after-birth,
And swoops in grieving verses toward the earth.

This is the limb's nativity that sheds
The season's cloth, the veering wings that bide
The careless blow with V's of keening cries.

3.

Night's body shines. Infinite space, beyond
Stars, wraps the earth's skin in images,
Dreams that the past unwinds in coils of genes.

[279]


Think of the night's shut-down as a head-start,
The brain humming, free of mortalities:
This is a way of speaking of the soul,

A kind of current. Nothing else makes sense.
Without knowing itself, its energy
Transforms matter into light, endlessly.

Sleep is a state of being, knowing what
The will defends against. Convergences
Of parts, members, that's what makes it shine.

[280]


Potsherds

       —for Roland Wise

They came to our gaze as a porcelain pitcher's
Still life with lemons on a checkered cloth
And ended broken, thrown away, and dumped
In the sea, the shards descending down and down,

Washed clean, salt-scrubbed, through murk and crystal clear,
To rest half-buried in the ocean's dark
And restless sand, a vault of memories,
A kitchen table's brief celebrity.

How deep the wells of being are down there
In aquatic breeding grounds where life teems,
Spurts, surges, spreads and is never still.
But O! O! how the artist's hand is still.

I dream of underwater storms and tides
Dislodging one glazed shard and raising it
In tumbling swells and waves to a cold shore
Where I find it, no bigger than a coin.

I pocket it, gift from the sea: the art
Of soul-making. Tell me the potter's gone
And we are shards. I know too well we're lost.
But tell me not my own soul's art is done.

[281]


Saul Touster is professor emeritus at Brandeis University where he founded the Humanities and the Professions Program in 1981 and developed seminars on law and literature for judges, a widely acclaimed program which expanded over the years to include educators, lawyers, doctors, public officials, and leaders in the fields of business and health care.
Touster obtained his undergraduate degree from Harvard in 1946, and his J.D. from Harvard in 1948. After law school, he practiced law in New York City, and in 1955 joined the faculty at SUNY Buffalo School of Law as a professor of law. After several years of university administration, he joined the Brandeis faculty in 1979 to direct the university's undergraduate education in law. In 1982 he was named the Joseph M. Proskauer Professor in Law and Social Welfare in the Brandeis Heller Graduate School for Advanced Studies in Social Welfare.
Since his retirement in 1993, he has made a study of the Holocaust during which he discovered significant documents which served as the basis for two books, A Survivors' Haggadah, Made in 1946 by Survivors of the Camps for the First Passover after Liberation (American Jewish Historical Society, 1998)(Jewish Publication Society, 2000) and Beyond Words, A Holocaust History in Sixteen Woodcuts Done in 1945 by Miklos Adler, a Hungarian Survivor (American Jewish Historical Society, 2001).
Touster's poetry appeared in a variety of little magazines over the years and a collection of his poetry, Still Lives and Other Lives, was published by the University of Missouri Press in 1966.
"Green Apple: Still Life IV," "A Moral Still Life," "The Statue of Liberty," "Kafka's Funeral," "Memory of an Irish Housemaid," "Beside Lake Erie's Frozen Waters," "Four Complaints," "The Indwelling," "Lunch Hour Idyll," and "Salo's Release to the Press" are from Still Lives and Other Lives (University of Missouri Press, 1966)(and appear here with the permission of the University of Missouri Press). "Still Life with Porcelain Pitcher," "Still Life with Two Pears and Kitchen Knife," "Archaic Head," "All Birds Are," "This Leaning of Mine," "Some Poems," "In Normandy," "The Body, At Liberty," "Cleft," and "Three Ways of Approaching the Soul" have not been previously published.