Matthew H. Birkhold is a scholar of law, culture, and the humanities, with an emphasis on German literature from 1750-1945, environmental humanities, intellectual property, and Indigenous studies. He completed his PhD at Princeton (2016) and his JD at Columbia Law School (2016). His first book, Characters before Copyright, (Oxford University Press, 2019), analyzes the social, economic, and aesthetic changes that led to the proliferation of “fan fiction” after 1750. His second book, Chasing Icebergs, (Pegasus/Simon & Schuster, 2023) investigates the world of iceberg harvesting to learn if the frozen freshwater mountains could be a solution to the global water crisis. Interweaving cultural history, personal interviews, and law, it identifies the social, philosophical, legal, and environmental hurdles we must clear to equitably make use of this untapped resource. Birkhold is currently an associate professor at Ohio State University.
During his NOMIS fellowship, Birkhold will work on a new book project, The Melting Sublime. This project analyzes law, culture, and aesthetics at the globe’s poles. Throughout the polar world in particular, aesthetics play a key role in legal environmental safeguards. But as our world and its climate rapidly change, conceptual foundations of “the aesthetic” are quickly disappearing, too. As the poles shed thousands of icebergs and mud pools on once-pristine Arctic and Antarctic shores, as research stations and debris proliferate, what aesthetic value will remain? If aesthetics encompass only traditional notions of the beautiful and the sublime, environmental law’s aesthetic grounds will supply dwindling protections for a landscape marred by climate change. As the poles and their legal aesthetic protections melt, we must articulate a new conception of aesthetics that will endure in the Anthropocene. The Melting Sublime will document past environmental law successes and its snowballing shortcomings. Additionally, it will posit a new aesthetic analytic to reinvigorate these dimensions of environmental law: “the melting sublime.” It does so by analyzing the shifting representation of icebergs from Captain Cook’s eighteenth-century dairies to Ivinguak Stork Høegh’s contemporary digital photo collages. “The melting sublime” captures not the familiar, uplifting experience of Kant’s sublime, in which nature’s monumentality momentarily overwhelms the subject who thereby realizes humankind’s superiority over the natural world. The melting sublime, by contrast, tracks a sinking feeling.
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