WEBVTT - Little Mermaid Part 1: The Golden Contract 

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<v Speaker 1>Pushkin.

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<v Speaker 2>Hold on, how many kids do you have?

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<v Speaker 3>I have two boys.

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<v Speaker 2>Okay, so your kids are how old at this point?

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<v Speaker 1>Oh?

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<v Speaker 3>They were young.

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<v Speaker 4>I mean this was before you know, you can call

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<v Speaker 4>up anything on all of Disney Plus or whatever.

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<v Speaker 2>I'm speaking with Laura Beth Nielsen, law professor, social scientist,

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<v Speaker 2>chair of the Northwestern University Sociology Department.

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<v Speaker 4>You know, they were VHS tapes and they wanted to

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<v Speaker 4>watch them. And at some point, you know, as the adult,

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<v Speaker 4>you just didn't get my numbingly bored and I started

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<v Speaker 4>thinking about what else they represented.

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<v Speaker 2>Were there particular movies that got you thinking along these lines?

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<v Speaker 3>It was The Little Mermaid.

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<v Speaker 2>It was a Little Mermaid.

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<v Speaker 3>I want to be where the people are. I want

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<v Speaker 3>to see want to see him dancing, walkin me.

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<v Speaker 2>The Little Mermaid came out in nineteen eighty nine. It's

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<v Speaker 2>based on the hands Christian Andersen children's story of the

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<v Speaker 2>same name, an animated musical from Walt Disney Pictures written

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<v Speaker 2>and directed by the team of Ron Clements and John Musker,

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<v Speaker 2>about an adolescent mermaid named Ariel who wants to leave

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<v Speaker 2>the sea and trade in her fins for feet because

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<v Speaker 2>she's fallen in love with a handsome prince. She rescued

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<v Speaker 2>him from a shipwreck, and now she can't stop thinking

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<v Speaker 2>about him.

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<v Speaker 5>What would I pay to stay here beside you?

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<v Speaker 6>What would I do to see him smiling at me?

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<v Speaker 2>The Little Mermaid is for kids, specifically, and especially little girls.

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<v Speaker 2>It's a princess movie. When it came out, it rejuvenated

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<v Speaker 2>Disney's animated film business, setting off a spectacular run Beauty

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<v Speaker 2>and the Beast, Aladdin, The Lion, King, Pocahontas. But it

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<v Speaker 2>isn't just kids who watch Disney movies. It's their parents.

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<v Speaker 2>Parents like Laura Beth Nielsen, the lead author, with Nahal

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<v Speaker 2>Patel and Jacob Brosner, of a twenty seventeen Law Journal

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<v Speaker 2>article called a Head of the Law Men, Law and

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<v Speaker 2>Morality in Disney Animated Films nineteen sixty to nineteen ninety eight.

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<v Speaker 2>If you have a young child, I recommend you read

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<v Speaker 2>this article before it's too late. I read the paper

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<v Speaker 2>and I rolled my eyes and I I was like,

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<v Speaker 2>seems to be like And then you know, I'd never

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<v Speaker 2>seen a Little Mermaid. So then I watched The Little

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<v Speaker 2>Mermaid and I was like, oh, you're so right. Yeah, yes,

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<v Speaker 2>you heard that correctly. I had never seen The Little Mermaid.

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<v Speaker 2>I was the only person in the English speaking world

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<v Speaker 2>who could not sing the lyrics to under the Sea.

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<v Speaker 2>In fact, I don't think i'd seen a Disney animated

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<v Speaker 2>movie at all. And then one day, deep into my

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<v Speaker 2>adult ears, I discovered Walt Disney's The Little Mermaid.

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<v Speaker 3>It's very dramatic, but it's not.

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<v Speaker 2>Just that that's a hugely We're going to come back

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<v Speaker 2>to this, but that is a hugely problematic movie.

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<v Speaker 3>Oh, for a million reasons.

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<v Speaker 2>For a million reasons. Ultimately, this episode is about whether

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<v Speaker 2>it can be fixed. Wait did I say this episode?

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<v Speaker 2>I meant three episodes. Was spending the next three weeks

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<v Speaker 2>on The Little Mermaid. Revisionist History's take on The Little

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<v Speaker 2>Mermaid is going to go on longer than The Little

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<v Speaker 2>Mermaid itself. My name is Malcolm Gladwell. You're listening to

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<v Speaker 2>Revisionist History, my podcast about things overlooked and misunderstood. Sometimes

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<v Speaker 2>we go high at Revisionist History, sometimes we go sideways.

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<v Speaker 2>This time we're going deep, deep, deep, underwater, to the

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<v Speaker 2>ocean floor, to the mr world, where men and women

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<v Speaker 2>and children with fins for feet present the rest of

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<v Speaker 2>us with a series of vexing Marl conundrums.

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<v Speaker 4>You know, some people say, oh, you're too rough on Disney.

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<v Speaker 4>I'm not rough on Disney at all. I mean I

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<v Speaker 4>love that movie.

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<v Speaker 2>But it's wait, you love that movie? Are you talking

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<v Speaker 2>about The Little Mermaid?

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<v Speaker 3>Yeah?

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<v Speaker 2>You still maintain that you love it.

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<v Speaker 3>Nobody's ever asked me this before. For I'm thinking, I

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<v Speaker 3>think I do.

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<v Speaker 4>I mean yes, I think these are opportunities to talk

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<v Speaker 4>to your children.

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<v Speaker 2>Oh, I see you like it because it gave you

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<v Speaker 2>a chance to instruct your sons.

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<v Speaker 3>Right.

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<v Speaker 4>If I really hated it, I wouldn't have had it

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<v Speaker 4>in my house, right, I mean.

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<v Speaker 2>No, you didn't know until you watched it with them.

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<v Speaker 2>You hadn't watched it yourself before you showed it to them,

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<v Speaker 2>had you?

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<v Speaker 7>Oh?

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<v Speaker 2>Yeah, oh you had?

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<v Speaker 8>Yes.

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<v Speaker 3>Would you like me to sing the whole store? I

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<v Speaker 3>assure you the answer is no.

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<v Speaker 2>She sat on the couch with her kids and watched

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<v Speaker 2>it again and again and again, first with love and

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<v Speaker 2>only then with alarm.

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<v Speaker 4>You have to watch it unwillingly many times to get

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<v Speaker 4>to this level of analysis.

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<v Speaker 3>I think.

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<v Speaker 2>When do children first encounter fairy tales at the most

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<v Speaker 2>crucial moments, when they start to form their earliest notions

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<v Speaker 2>of legality and morality. As Laura beeth Nielsen points out,

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<v Speaker 2>when you ask a two year old to share a toy,

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<v Speaker 2>he'll say, no, it's mine. Ask a four or five

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<v Speaker 2>year old and they'll say, why do I have to share?

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<v Speaker 2>They suddenly want a framework to help them understand that request.

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<v Speaker 2>And what do fairy tales do? They supply that framework.

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<v Speaker 2>So this is what I want to do in these

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<v Speaker 2>episodes about The Little Mermaid. I want to fix the

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<v Speaker 2>frame set askew by Disney a generation ago. Now as

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<v Speaker 2>I lead you on this journey of aquatic discovery? Am

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<v Speaker 2>I a little worried? Of course, I'm worried because this

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<v Speaker 2>is Disney. We're talking about the magic Kingdom, the litigious

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<v Speaker 2>magic Kingdom. I hinted at this worry of mine in

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<v Speaker 2>the least helpful place possible on The Jimmy Kimmel Show,

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<v Speaker 2>which runs on ABC, owned by Disney. I know you're

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<v Speaker 2>part of the Disney Empire.

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<v Speaker 1>Jimmy, where you are.

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<v Speaker 2>They're upstairs watching this right now. They're probably trying to

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<v Speaker 2>cut me off. You'll be their fingers on the button.

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<v Speaker 2>I'll be lucky to be alive by morning.

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<v Speaker 1>That's for sure.

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<v Speaker 2>Jimmy sounds like he's kidding. He's not kidding. Have you

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<v Speaker 2>ever heard of the infamous case Walt Disney Productions versus

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<v Speaker 2>the Air Pirates. An underground cartoonist named Dan O'Neill got

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<v Speaker 2>together with a group of his hippie friends in San

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<v Speaker 2>Francisco in nineteen seventy one and wrote two issues of

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<v Speaker 2>a Mickey and Minnie Mouse parody. Their first cover showed

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<v Speaker 2>Mickey flying a prop plane with two bags of dope

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<v Speaker 2>hanging from the fuselage. We're talking about most forty thousand

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<v Speaker 2>copies of an indie comic book written by some counter

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<v Speaker 2>culture cartoonist. Did Disney laugh? Ignore it? No? Disney sued.

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<v Speaker 2>They brought in a battalion of high priced legal talent

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<v Speaker 2>and rained fire on little Dan O'Neill. The case stracked

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<v Speaker 2>on for over nine years. Let me just quote to

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<v Speaker 2>you from the completely nuts account of the saga from

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<v Speaker 2>the writer Bob Levin. In nineteen seventy nine, O'Neill stood

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<v Speaker 2>before the bar, thirty eight years old, unemployed, with total

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<v Speaker 2>assets of seven dollars, a nineteen sixty three Mercury convertible,

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<v Speaker 2>a banjo, and the baggy gray suit he was wearing. Disney,

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<v Speaker 2>which already had a hundred and ninety thousand dollars judgment

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<v Speaker 2>against him, sought to have him find another ten thousand

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<v Speaker 2>dollars and imprisoned for six months. You read a line

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<v Speaker 2>like that and you think, there, but for the grace

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<v Speaker 2>of God go I that could be me up there,

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<v Speaker 2>standing before the court, broken and forlorn, besieged by Disney's

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<v Speaker 2>pack of legal attack jackals. But are we at Revision's

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<v Speaker 2>History afraid to give the story of Ariel a makeover. No,

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<v Speaker 2>we're not, because somewhere out there is a little mermaid

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<v Speaker 2>imprisoned in script that does not do her justice. And Disney,

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<v Speaker 2>if you're listening before the preliminary injunction start flying around,

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<v Speaker 2>be advised that although we will be critical of certain

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<v Speaker 2>sea creatures within the Magic Kingdom, this is criticism that

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<v Speaker 2>comes from a place of affection.

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<v Speaker 7>Why have not we an immortal soul, asked the little

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<v Speaker 7>Mermaid mournfully, I would gladly give all the hundreds of

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<v Speaker 7>years that I have to live to be a human

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<v Speaker 7>being only for one day, and to have the hope

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<v Speaker 7>of knowing the happiness of that glorious world above the stars.

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<v Speaker 2>The Little Mermaid began as a short story by the

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<v Speaker 2>great Danish storyteller Hans Christian Anderson. You probably know some

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<v Speaker 2>hands Christian andersen tales The Princess and the pa The

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<v Speaker 2>Emperor's New Clothes, The Ugly Duckling, the snow Queen. Anderson

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<v Speaker 2>was born into poverty in the early nineteenth century. He

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<v Speaker 2>was desperately insecure, here, self absorbed, probably a virgin his

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<v Speaker 2>entire life. There's some evidence that he might have been

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<v Speaker 2>gay or bisexual at a time and place in history

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<v Speaker 2>when making public either of those preferences could land you

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<v Speaker 2>in prison. What Anderson had was his talent, which was immeasurable.

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<v Speaker 2>He also had a beautiful singing voice, which he used

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<v Speaker 2>to gain entree into the homes of the wealthy. He

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<v Speaker 2>was the ugly duckling. In fact, when Anderson was once

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<v Speaker 2>asked whether he would ever write his autobiography, his response was, I.

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<v Speaker 9>Already have almost every tale. He wrote. They were grounded

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<v Speaker 9>in the reality of his life. That was a dirt, poor, uncultivated,

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<v Speaker 9>ugly young boy became sort of the a schwaz.

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<v Speaker 2>That's Jack Zeipe's one of the leading experts on fairy tales.

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<v Speaker 2>Andersen's stories are about transformation, about outsiders longing to be insiders,

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<v Speaker 2>about the struggle for acceptance, and the Little Mermaid is

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<v Speaker 2>quintessential Andersen. A mermaid saves a handsome prince from drowning

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<v Speaker 2>and decides that she wants to be human too, because,

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<v Speaker 2>as her grandmother tells her, human beings have immortal souls.

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<v Speaker 7>You must not think of that, said the old woman.

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<v Speaker 7>We feel ourselves to be much happier and much better

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<v Speaker 7>off than human beings. So I shall die, said the

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<v Speaker 7>little mermaid, And as the foam of the sea, I

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<v Speaker 7>shall be driven about, never again to hear the music

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<v Speaker 7>of the waves, or to see the pretty flowers, nor

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<v Speaker 7>the red sun? Is there anything I can do to

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<v Speaker 7>win an immortal soul?

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<v Speaker 2>The Mermaid's desire to leave the water becomes overwhelming, so

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<v Speaker 2>she goes to a sea witch, who gives her a

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<v Speaker 2>potion and tells her that when she drinks it, her

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<v Speaker 2>fins will turn into legs. All who see you will

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<v Speaker 2>say that you are the prettiest little human they ever saw.

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<v Speaker 2>But every step she takes will be filled with pain,

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<v Speaker 2>as if she were treading upon sharp knives. If the

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<v Speaker 2>prince marries her, she can stay a human if she

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<v Speaker 2>fails to win his heart, she will die. Oh, and

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<v Speaker 2>the witch extracts the most horrible down payment.

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<v Speaker 7>When at last the magic draft was ready, it looked

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<v Speaker 7>like the clearest water. There it is for you, said

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<v Speaker 7>the witch. Then she cut off the Mermaid's tongue so

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<v Speaker 7>that she would become dumb and would never again speak

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<v Speaker 7>or sing.

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<v Speaker 2>Oh. Man. And yet does Anderson's mermaid get to marry

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<v Speaker 2>the prince. No, she doesn't. The prince ends up marrying

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<v Speaker 2>another woman, and the Mermaid melts into foam. Classic Andersen.

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<v Speaker 2>As Jack Zipes puts it, most of Anderson's characters wind

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<v Speaker 2>up his metaphors for his own suffering.

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<v Speaker 9>He never felt, at least for him, what he would

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<v Speaker 9>consider true happiness, and that was the motor of all

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<v Speaker 9>of his tales. The frustration he felt comes out in

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<v Speaker 9>most of the tales that he wrote.

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<v Speaker 2>A lot of the scholarship on Hans Christian Anderson dwells

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<v Speaker 2>on this point about the connection between his fairy tales

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<v Speaker 2>and his own life. There's a wonderful essay by Gabrielle

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<v Speaker 2>Bellot where she points out that just before Anderson wrote

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<v Speaker 2>The Little Mermaid, he'd been embroiled in a passionate completely

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<v Speaker 2>unrequited romance with a handsome young Dane. Let me just

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<v Speaker 2>read to you from Bellot's essay, where she cites a

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<v Speaker 2>poem that Anderson wrote about his love. It goes, Rosebud,

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<v Speaker 2>so firm and round, lovely as a young girl's mouth.

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<v Speaker 2>I kiss you as my bride. The amateur poem continues

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<v Speaker 2>with further kisses and an exhortation, too, feel my fire.

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<v Speaker 2>What does the object of Anderson's love do? He rejects

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<v Speaker 2>Anderson for a woman. The author is plunged into despair

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<v Speaker 2>and writes The Little Mermaid, a story about a creature

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<v Speaker 2>from another world who must give up her beautiful voice,

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<v Speaker 2>her identity to be accepted by the greater world, only

0:14:32.796 --> 0:14:39.516
<v Speaker 2>to be rejected for a woman. And there The Little

0:14:39.516 --> 0:14:45.956
<v Speaker 2>Mermaid remained a sad story from a tortured soul until

0:14:45.956 --> 0:14:47.796
<v Speaker 2>one day she got.

0:14:47.676 --> 0:14:57.276
<v Speaker 1>A new life.

0:14:57.596 --> 0:15:03.756
<v Speaker 2>A sentry passes and along comes Disney. In the nineteen eighties,

0:15:03.956 --> 0:15:07.756
<v Speaker 2>the Disney animated franchise was in trouble. Its greatest hits,

0:15:07.996 --> 0:15:12.476
<v Speaker 2>Snow White Ko Cinderella, Sleeping Beauty were all in the past.

0:15:12.996 --> 0:15:15.356
<v Speaker 1>They wanted us all to go out and find new ideas.

0:15:16.036 --> 0:15:19.196
<v Speaker 2>This is Ron Clemens, longtime writer and director at Disney,

0:15:19.436 --> 0:15:22.836
<v Speaker 2>speaking a few years ago at the Big Animation Conference

0:15:23.156 --> 0:15:24.276
<v Speaker 2>Industry Giants.

0:15:24.516 --> 0:15:27.236
<v Speaker 1>I read the Hans Christian Andersen's story in a bookstore,

0:15:27.436 --> 0:15:30.276
<v Speaker 1>and as I was reading it, I thought it seemed

0:15:30.316 --> 0:15:32.436
<v Speaker 1>like this is great, this is so cool. But as

0:15:32.476 --> 0:15:35.516
<v Speaker 1>I continue to read it, it's very very sad.

0:15:36.116 --> 0:15:39.196
<v Speaker 2>Oh yes, it is very very sad, all the way

0:15:39.236 --> 0:15:41.436
<v Speaker 2>to the bitter end, where the Little Mermaid is reduced

0:15:41.476 --> 0:15:44.796
<v Speaker 2>to a clump of ceaphone. The little girls of America

0:15:45.076 --> 0:15:49.196
<v Speaker 2>are not yet ready. Clemens feels for an aquatic allegory

0:15:49.356 --> 0:15:51.356
<v Speaker 2>of unrequirded homosexual longing.

0:15:51.756 --> 0:15:54.436
<v Speaker 1>They gets sadder and sadder and sadder, and then she

0:15:54.556 --> 0:15:58.076
<v Speaker 1>dies in the end. So it was almost depressing in

0:15:58.116 --> 0:16:00.836
<v Speaker 1>a way, but I thought it had a lot of potential,

0:16:00.916 --> 0:16:02.196
<v Speaker 1>so I made it a little more of a good

0:16:02.236 --> 0:16:04.876
<v Speaker 1>against evil story and a left triumphs solve story.

0:16:05.756 --> 0:16:08.916
<v Speaker 2>Clemens and his co director John Musker gave the Little

0:16:08.916 --> 0:16:14.756
<v Speaker 2>Mare made a name. Ariel the Sea Witch became Ursula,

0:16:14.876 --> 0:16:18.596
<v Speaker 2>a campy octopus based on the legendary drag queen divine

0:16:18.876 --> 0:16:23.356
<v Speaker 2>and Joan Collins villainous of one hundred nineteen seventies b movies.

0:16:24.076 --> 0:16:27.236
<v Speaker 2>Ariel's father, the leader of the Muhr World, is a big,

0:16:27.436 --> 0:16:30.636
<v Speaker 2>white haired giant named King Triton, who looks a little

0:16:30.676 --> 0:16:33.396
<v Speaker 2>like Santa Claus if Santa Claus had spent the off

0:16:33.436 --> 0:16:38.276
<v Speaker 2>season lifting weights, and Ariel gets a few sidekicks. Sebastian,

0:16:38.476 --> 0:16:41.236
<v Speaker 2>a crab with a Jamaican accent and love of Calypso,

0:16:41.796 --> 0:16:45.116
<v Speaker 2>is a fish named Flounder, and a ditsy seagull named Scuttle.

0:16:46.636 --> 0:16:50.076
<v Speaker 2>The prince Ariel falls in love with is named Prince Eric.

0:16:50.516 --> 0:16:55.356
<v Speaker 2>He's a dashingly handsome aristocrat with a sheep dog. Howard

0:16:55.396 --> 0:16:58.996
<v Speaker 2>Ashman and Alan Menkin, the creators of Little Shop of Horrors,

0:16:59.196 --> 0:17:02.356
<v Speaker 2>were brought in to write the music. Everyone loved the result.

0:17:03.116 --> 0:17:06.196
<v Speaker 2>John Musker remembers opening his front door on Halloween night

0:17:06.276 --> 0:17:08.836
<v Speaker 2>after the movie came out and seeing a little girl

0:17:09.196 --> 0:17:13.356
<v Speaker 2>dressed as Ariel, and he realized, we made it. We're

0:17:13.396 --> 0:17:18.156
<v Speaker 2>in the culture. Clemens and Musker would go on to

0:17:18.196 --> 0:17:22.756
<v Speaker 2>do some of Disney's most memorable animated movies, Aladdin, Princess

0:17:22.796 --> 0:17:26.996
<v Speaker 2>and the Frog Moanna. They're now the grandfathers of Hollywood animation.

0:17:27.556 --> 0:17:32.196
<v Speaker 2>John and Ron should be proud, but let's keep listening

0:17:32.196 --> 0:17:34.956
<v Speaker 2>to Ron Clemens as he talks about The Little Mermaid.

0:17:35.716 --> 0:17:39.316
<v Speaker 1>I never really felt any guilt so much about changing

0:17:39.436 --> 0:17:41.236
<v Speaker 1>the sad ending to a happy inding.

0:17:42.196 --> 0:17:46.796
<v Speaker 2>Hm, where did that come from? Who said anything about guilt?

0:17:47.556 --> 0:17:50.516
<v Speaker 2>Is there something here weighing on Ron Clemens's conscience.

0:17:51.236 --> 0:17:54.076
<v Speaker 1>I never felt any guilt until I was doing publicity

0:17:54.116 --> 0:17:57.916
<v Speaker 1>in Copenhagen for the European premiere of the film, and

0:17:57.996 --> 0:18:00.836
<v Speaker 1>that's where hence Christian Andersen lived and that's where the

0:18:00.876 --> 0:18:03.756
<v Speaker 1>statue of the Little Mermaid is. They were not so

0:18:03.876 --> 0:18:05.836
<v Speaker 1>happy about it. They were giving me a hard time

0:18:05.916 --> 0:18:09.556
<v Speaker 1>about changing the Indian and even one interview said it

0:18:09.596 --> 0:18:11.156
<v Speaker 1>would be as if we took go on with the

0:18:11.156 --> 0:18:14.876
<v Speaker 1>Wind and we changed the ending. Scarlett O'Hara stayed with

0:18:14.956 --> 0:18:15.956
<v Speaker 1>Red Butler in the end.

0:18:16.596 --> 0:18:20.116
<v Speaker 2>So not all Danes appreciated what Disney did with a

0:18:20.116 --> 0:18:24.236
<v Speaker 2>Little Mermaid. But my beef is not Danish. My beef

0:18:24.436 --> 0:18:28.316
<v Speaker 2>comes from the scholar Laura beth Nielsen. Do you remember

0:18:28.356 --> 0:18:30.196
<v Speaker 2>what specific thing in that movie got you think it?

0:18:30.236 --> 0:18:32.476
<v Speaker 2>Wait a minute, Oh, it's.

0:18:32.356 --> 0:18:36.676
<v Speaker 3>That moment where Triton shoots his.

0:18:38.316 --> 0:18:43.356
<v Speaker 4>Trident at Ursula to try to save his daughter from

0:18:43.356 --> 0:18:48.116
<v Speaker 4>this what every viewer knows is an extremely immoral arrangement.

0:18:51.756 --> 0:18:56.356
<v Speaker 2>The extremely immoral arrangement she's talking about, it's the contract

0:18:56.476 --> 0:19:01.036
<v Speaker 2>Aerial signs with Ursula. In the original fairy Tale version

0:19:01.076 --> 0:19:03.756
<v Speaker 2>of Little Mermaid, the Mermaid made a handshake deal with

0:19:03.796 --> 0:19:06.276
<v Speaker 2>the Sea Witch. She got the potion that made her

0:19:06.316 --> 0:19:10.156
<v Speaker 2>a human. In exchange, the sea Witch cut off her tongue.

0:19:12.236 --> 0:19:15.196
<v Speaker 2>In the Disney version, they bring in lawyers. Of course

0:19:15.196 --> 0:19:19.356
<v Speaker 2>they do. Ursula, the Disney diva, won't make any magic

0:19:19.396 --> 0:19:25.316
<v Speaker 2>deals without a signed contract. Ariel signs the scroll. She

0:19:25.436 --> 0:19:27.676
<v Speaker 2>now has three days to get Eric to kiss her.

0:19:27.836 --> 0:19:31.236
<v Speaker 2>If she fails, she has to return underwater and become

0:19:31.356 --> 0:19:35.076
<v Speaker 2>Ursula's slave. Now, if you've watched the movie, you know

0:19:35.156 --> 0:19:38.596
<v Speaker 2>what happens next. Ariel comes close to kissing Eric but

0:19:38.676 --> 0:19:43.236
<v Speaker 2>gets foiled. Ursula acquires Ariel's voice, transforms herself into a

0:19:43.276 --> 0:19:47.916
<v Speaker 2>beautiful young woman, and steals Eric away, whereupon King Triton

0:19:48.196 --> 0:19:50.436
<v Speaker 2>confronts Ursula to get his daughter back.

0:19:51.116 --> 0:19:54.196
<v Speaker 3>Let her go, Not a chance, Triton, She's mine. Now,

0:19:54.716 --> 0:19:56.236
<v Speaker 3>really you need to deal.

0:19:57.156 --> 0:20:00.716
<v Speaker 2>That's when Triton tries to destroy the contract with his trident.

0:20:02.476 --> 0:20:05.956
<v Speaker 2>It doesn't work. Then Ursula says, and this is the

0:20:06.036 --> 0:20:06.636
<v Speaker 2>key phrase.

0:20:06.876 --> 0:20:12.396
<v Speaker 9>You see, the contracts legal binding and completely unbreakable even

0:20:12.556 --> 0:20:12.996
<v Speaker 9>for you.

0:20:15.276 --> 0:20:17.516
<v Speaker 3>She holds up the contract, it's gold.

0:20:18.156 --> 0:20:24.996
<v Speaker 4>And it was that unbreakable golden contract that was ruling

0:20:25.076 --> 0:20:30.356
<v Speaker 4>this whole situation. And it was, I mean, from you know,

0:20:30.436 --> 0:20:35.796
<v Speaker 4>a law professor perspective, clearly illegal under the law.

0:20:37.036 --> 0:20:40.836
<v Speaker 2>I mean it's a contract involving a minor and the

0:20:40.876 --> 0:20:41.956
<v Speaker 2>sale of body parts.

0:20:44.236 --> 0:20:45.316
<v Speaker 3>I believe in law.

0:20:45.796 --> 0:20:47.996
<v Speaker 4>I mean, I'm skeptical about a lot of claims, and

0:20:48.036 --> 0:20:50.036
<v Speaker 4>I think we need to empirically study them and all

0:20:50.076 --> 0:20:54.276
<v Speaker 4>of those sorts of things. But fundamentally, I want my

0:20:54.316 --> 0:21:00.316
<v Speaker 4>students and my children to understand that law embodies.

0:21:00.036 --> 0:21:02.396
<v Speaker 5>Or should embody, and we have to strive to make

0:21:02.436 --> 0:21:06.956
<v Speaker 5>it always be so true justice and a piece of

0:21:06.996 --> 0:21:12.196
<v Speaker 5>paper or in this case gold, whatever it is, doesn't

0:21:12.796 --> 0:21:14.916
<v Speaker 5>win out over a just outcome.

0:21:16.236 --> 0:21:19.316
<v Speaker 2>That's the argument of Nielsen's paper, the one published in

0:21:19.356 --> 0:21:22.356
<v Speaker 2>twenty seventeen. When I ran across it, I'll admit my

0:21:22.436 --> 0:21:25.596
<v Speaker 2>first thought was, this is some academic with way too

0:21:25.676 --> 0:21:28.196
<v Speaker 2>much time on her hands. Do we really need to

0:21:28.316 --> 0:21:32.516
<v Speaker 2>overthink animated movies of fairy tales? But then I realized,

0:21:32.996 --> 0:21:36.956
<v Speaker 2>actually we do. There are lots of things we overthink

0:21:36.996 --> 0:21:40.556
<v Speaker 2>in our society. I overthink everything all the time, and

0:21:40.676 --> 0:21:44.036
<v Speaker 2>most of the things I overthink are not nearly as

0:21:44.036 --> 0:21:46.196
<v Speaker 2>important as the narratives we tell children.

0:21:49.556 --> 0:21:53.196
<v Speaker 4>And finally we get to sit down and have this conversation.

0:21:54.076 --> 0:21:57.636
<v Speaker 2>Did you watch Oprah's famous interview with Megan Markle? A

0:21:57.676 --> 0:22:01.436
<v Speaker 2>young woman marries a prince and finds herself thwarted by

0:22:01.436 --> 0:22:06.396
<v Speaker 2>the royal family, suppressed, silenced, And what did Megan Markle

0:22:06.516 --> 0:22:10.436
<v Speaker 2>reference as a parallel for her predicament? Not a theory

0:22:10.476 --> 0:22:14.036
<v Speaker 2>of justice by John Rawls. No, the Little Mermaid, who.

0:22:13.996 --> 0:22:16.316
<v Speaker 10>Is an adult really watches The Little Mermaid. But it

0:22:16.396 --> 0:22:18.156
<v Speaker 10>came on. I was like, well, I've I'm just here

0:22:18.196 --> 0:22:19.596
<v Speaker 10>all the times, and may as well watch this, And

0:22:19.636 --> 0:22:23.756
<v Speaker 10>I went, oh my god. She falls in love with

0:22:23.796 --> 0:22:26.956
<v Speaker 10>the prince, and because of that she has to lose

0:22:26.956 --> 0:22:30.356
<v Speaker 10>her voice. But by the end she gets her voice.

0:22:30.156 --> 0:22:32.996
<v Speaker 3>Back, gets her voice back, and this is what happened here.

0:22:33.036 --> 0:22:34.396
<v Speaker 8>You feel like you got your voice back.

0:22:35.556 --> 0:22:38.916
<v Speaker 2>When Oprah said that, did we all roll our eyes? No,

0:22:39.756 --> 0:22:45.956
<v Speaker 2>we said, oh my god, she's so right. Perhaps the

0:22:45.996 --> 0:22:49.236
<v Speaker 2>most famous book ever written about children's stories is The

0:22:49.356 --> 0:22:53.356
<v Speaker 2>Uses of Enchantment by Bruno Bettelheim. He says that fairy

0:22:53.356 --> 0:22:57.596
<v Speaker 2>tales teach children that quote a struggle against severe difficulties

0:22:57.636 --> 0:23:01.596
<v Speaker 2>in life is unavoidable, is an intrinsic part of human existence.

0:23:02.396 --> 0:23:05.396
<v Speaker 2>But that if one does not shy away but steadfastly

0:23:05.476 --> 0:23:11.156
<v Speaker 2>meets unexpected and often unjust hardships, one masters all obstacles

0:23:11.596 --> 0:23:19.796
<v Speaker 2>and at the end emerges victorious. End quote. Fairy tales matter.

0:23:20.476 --> 0:23:24.156
<v Speaker 2>But who tells most of our fairy tales? Now? Disney?

0:23:24.956 --> 0:23:41.316
<v Speaker 2>And what's the problem with Disney? They've gotten sloppy. If

0:23:41.396 --> 0:23:45.916
<v Speaker 2>I were prosecuting Disney for moral sloppiness, here is where

0:23:45.916 --> 0:23:46.516
<v Speaker 2>I would begin.

0:23:47.156 --> 0:23:49.916
<v Speaker 3>I ain't talking rabbit, and there ain't nothing you can

0:23:49.956 --> 0:23:56.396
<v Speaker 3>do to meet me. Ayesome fuck.

0:23:57.596 --> 0:24:02.836
<v Speaker 2>Exhibit A Disney's Zutopia PG rating family comedy from twenty sixteen.

0:24:03.476 --> 0:24:07.156
<v Speaker 2>Zutopia is all about a world of animals starring a

0:24:07.236 --> 0:24:13.156
<v Speaker 2>rabbit police officer Judy Hopps. Couldn't be cute, right except

0:24:13.196 --> 0:24:15.596
<v Speaker 2>for this moment near the end of that movie where

0:24:15.596 --> 0:24:18.516
<v Speaker 2>Hops needs to find out a crucial bit of information

0:24:18.716 --> 0:24:22.156
<v Speaker 2>about a criminal conspiracy. She has a shrewd name, mister

0:24:22.196 --> 0:24:25.396
<v Speaker 2>Big use one of his enforcers a polar bear, to

0:24:25.516 --> 0:24:29.836
<v Speaker 2>interrogate a weasel named Duke. The polar Bear holds Duke

0:24:29.996 --> 0:24:33.396
<v Speaker 2>over an icy pit and threatens to throw him down

0:24:33.436 --> 0:24:35.876
<v Speaker 2>the hole to his death if he doesn't confess.

0:24:36.796 --> 0:24:38.316
<v Speaker 4>Is this weasel right all right?

0:24:38.356 --> 0:24:39.396
<v Speaker 3>Directly a talk?

0:24:39.556 --> 0:24:47.196
<v Speaker 2>A talk that's torture right. Even worse, the weasel gives

0:24:47.276 --> 0:24:50.636
<v Speaker 2>up the info right away. So the movie is modeling

0:24:50.676 --> 0:24:54.276
<v Speaker 2>something that isn't even true in the real world. There

0:24:54.396 --> 0:24:57.676
<v Speaker 2>is no empirical support for the notion that the application

0:24:57.876 --> 0:25:00.876
<v Speaker 2>of coercive force is the most efficient way to get

0:25:00.916 --> 0:25:04.316
<v Speaker 2>a confession out of a reluctant party, even if that

0:25:04.436 --> 0:25:16.796
<v Speaker 2>reluctant party is a weasel. Okay. Exhibit B Toy Story

0:25:16.836 --> 0:25:21.836
<v Speaker 2>three Family Comedy g Rating twenty ten, another Disney movie

0:25:22.116 --> 0:25:24.676
<v Speaker 2>which is full of all sorts of excruciating scenes of

0:25:24.716 --> 0:25:28.156
<v Speaker 2>one sort or another, like when mister potato Head gets

0:25:28.196 --> 0:25:31.516
<v Speaker 2>locked in a sandbox, or another scene where a plastic

0:25:31.636 --> 0:25:35.196
<v Speaker 2>rotary phone is viciously beaten to the point where he

0:25:35.276 --> 0:25:38.636
<v Speaker 2>divulges critical information to the evil lots.

0:25:38.396 --> 0:25:46.876
<v Speaker 1>Of you lost little Doggie. Well, well look who's back.

0:25:50.556 --> 0:25:51.756
<v Speaker 8>I'm sorry cowboy.

0:25:52.116 --> 0:25:58.996
<v Speaker 2>Oh they broke me, they broke me. It's a g rating.

0:26:01.196 --> 0:26:03.756
<v Speaker 2>It isn't just Disney by the way, there's a kind

0:26:03.756 --> 0:26:07.276
<v Speaker 2>of moral sloppiness everywhere in children's entertainment.

0:26:07.636 --> 0:26:10.116
<v Speaker 8>One thing I didn't expect was how often torture would

0:26:10.156 --> 0:26:12.836
<v Speaker 8>be played for humor, which I thought was kind of

0:26:12.876 --> 0:26:13.996
<v Speaker 8>particularly fascinating.

0:26:14.476 --> 0:26:18.756
<v Speaker 2>That's the social scientist Casey de Lahunty, who with Aaron Carnes,

0:26:19.076 --> 0:26:22.396
<v Speaker 2>actually made a list of every torture scene that occurs

0:26:22.396 --> 0:26:25.956
<v Speaker 2>in Hollywood's top grossing movies between two thousand and eight

0:26:26.236 --> 0:26:27.196
<v Speaker 2>and twenty seventeen.

0:26:27.956 --> 0:26:30.956
<v Speaker 8>The SpongeBob movie has some really good examples of this,

0:26:31.116 --> 0:26:34.316
<v Speaker 8>where like, they have a whole scene where they torture

0:26:34.396 --> 0:26:36.996
<v Speaker 8>a tire, and like, it's meant to be played for humor.

0:26:37.596 --> 0:26:38.996
<v Speaker 7>What do we have here?

0:26:43.156 --> 0:26:47.316
<v Speaker 4>Be better? Hurry those guys really hate tires, so you

0:26:47.356 --> 0:26:48.036
<v Speaker 4>won't talk.

0:26:49.436 --> 0:26:50.756
<v Speaker 2>Let's samor out of them.

0:26:51.996 --> 0:26:55.516
<v Speaker 8>And then later they find that they've actually tortured the

0:26:55.596 --> 0:26:59.916
<v Speaker 8>anthropomorphic computer. But even that scene is all just jokes,

0:26:59.956 --> 0:27:01.996
<v Speaker 8>like what would it be like to torture a computer?

0:27:02.156 --> 0:27:07.756
<v Speaker 8>And it's legitimately funny but also disconcerting.

0:27:08.196 --> 0:27:13.916
<v Speaker 2>You think. So back to Laura Beth Nielsen one more time.

0:27:14.516 --> 0:27:17.836
<v Speaker 2>Her field of study is lay perceptions of the law.

0:27:17.916 --> 0:27:21.196
<v Speaker 2>How do ordinary people come to understand the law.

0:27:21.956 --> 0:27:27.916
<v Speaker 4>So not just law like a statute that Congress passes

0:27:28.116 --> 0:27:31.716
<v Speaker 4>or a Supreme Court decision, but in general, you know,

0:27:31.836 --> 0:27:33.276
<v Speaker 4>what do you mean by liberty?

0:27:33.716 --> 0:27:34.996
<v Speaker 3>Whose concept of liliberty?

0:27:35.236 --> 0:27:37.436
<v Speaker 4>You know, ordinary people don't say, oh well, it's a

0:27:37.436 --> 0:27:41.276
<v Speaker 4>combination of John Stuart Mill and Benjamin Franklin's writings, and

0:27:42.156 --> 0:27:47.356
<v Speaker 4>they have these sort of lay conceptions which aren't right

0:27:47.436 --> 0:27:50.596
<v Speaker 4>or wrong, but they motivate action, and they make up

0:27:50.636 --> 0:27:54.356
<v Speaker 4>what we think of as fair and just and what

0:27:54.396 --> 0:27:57.036
<v Speaker 4>the appropriate role of the state should be, which is

0:27:57.276 --> 0:27:59.556
<v Speaker 4>I mean, that's the whole question of law.

0:28:00.556 --> 0:28:03.676
<v Speaker 2>This is what she studies. And then one day she's

0:28:03.676 --> 0:28:06.476
<v Speaker 2>sitting on the couch with her boys at the moment

0:28:06.636 --> 0:28:09.356
<v Speaker 2>that they are in that critical window of moral development.

0:28:11.876 --> 0:28:14.996
<v Speaker 2>She watches for the million time as Ariel signs the

0:28:15.036 --> 0:28:21.436
<v Speaker 2>scroll and Nielsen says, wait a minute. The point of

0:28:21.436 --> 0:28:24.636
<v Speaker 2>the law is that it's supposed to avoid conflict. It's

0:28:24.636 --> 0:28:27.836
<v Speaker 2>supposed to embody a sense of what's right, not enshrine

0:28:27.876 --> 0:28:31.596
<v Speaker 2>an outrageously exploitative deal in which a miner gives up

0:28:31.636 --> 0:28:34.716
<v Speaker 2>a body part, makes themselves liable for a lifetime of

0:28:34.796 --> 0:28:37.916
<v Speaker 2>underwater slavery, and needs to be bailed out by an

0:28:38.076 --> 0:28:41.916
<v Speaker 2>armed posse. Did you intervene? Did you stop the tape

0:28:41.996 --> 0:28:45.036
<v Speaker 2>and say, look, boys, just sowhare clear?

0:28:45.596 --> 0:28:46.116
<v Speaker 3>You didn't?

0:28:46.436 --> 0:28:47.516
<v Speaker 2>Well wait a minute, why not?

0:28:48.036 --> 0:28:50.476
<v Speaker 4>Oh, well, we've talked about it since I wouldn't stop

0:28:50.516 --> 0:28:52.796
<v Speaker 4>it right then they would do you have gids?

0:28:52.876 --> 0:28:54.676
<v Speaker 3>They would have meltdown.

0:28:56.236 --> 0:28:59.836
<v Speaker 2>The point is, if you're Laurabeth Nielsen and worry about

0:28:59.916 --> 0:29:07.596
<v Speaker 2>these sorts of things, Disney films are tricky. How quickly

0:29:08.116 --> 0:29:12.476
<v Speaker 2>after they watched the movie? Did you discuss the movie

0:29:12.956 --> 0:29:16.556
<v Speaker 2>as a as a problematic narrative with him? But did

0:29:16.556 --> 0:29:17.836
<v Speaker 2>you wait for yours? Or did you?

0:29:18.716 --> 0:29:18.916
<v Speaker 6>Oh?

0:29:19.076 --> 0:29:21.396
<v Speaker 4>No, I know, well no, I talked to them at

0:29:21.436 --> 0:29:24.916
<v Speaker 4>an age appropriate level at various points in time. I

0:29:25.036 --> 0:29:27.916
<v Speaker 4>probably said it's too bad that they couldn't work this

0:29:28.036 --> 0:29:31.916
<v Speaker 4>out another way. I didn't say that's an unconscionable contract.

0:29:31.956 --> 0:29:35.076
<v Speaker 4>Don't you remember Botsaikas VI Demosis and from Law SCHOITL

0:29:35.076 --> 0:29:37.516
<v Speaker 4>You know, I but I you know something like that?

0:29:37.636 --> 0:29:42.036
<v Speaker 2>And then in that moment you describe what the movie

0:29:42.156 --> 0:29:46.436
<v Speaker 2>is telling the viewer is that the Law is is

0:29:46.516 --> 0:29:50.756
<v Speaker 2>all powerful, not even Triton, who later in the movie

0:29:51.236 --> 0:29:54.356
<v Speaker 2>can transform his own daughter from amrmid into a human being.

0:29:54.396 --> 0:29:56.276
<v Speaker 2>That's how powerful. He's basically god.

0:29:56.636 --> 0:29:57.236
<v Speaker 3>He is God.

0:29:57.756 --> 0:30:02.396
<v Speaker 2>But can you overturn any moral contract? Not a chance, right,

0:30:02.756 --> 0:30:06.036
<v Speaker 2>not a chance. Remember, at the end of the movie,

0:30:06.196 --> 0:30:09.956
<v Speaker 2>Ariel and Triton and Prince Eric don't erec yes Ursula.

0:30:10.196 --> 0:30:13.436
<v Speaker 2>They don't initiate some kind of formal proceedings against her,

0:30:13.636 --> 0:30:16.276
<v Speaker 2>They don't try her in court, they don't make use

0:30:16.316 --> 0:30:19.916
<v Speaker 2>of the same legal mechanisms that Ursula did. In the

0:30:19.956 --> 0:30:23.036
<v Speaker 2>internal logic of the film, the reason why Triton can't

0:30:23.036 --> 0:30:26.196
<v Speaker 2>break the contract is that Triton doesn't control the law.

0:30:26.596 --> 0:30:31.236
<v Speaker 2>The law is entirely controlled by this mobster Ursula, and

0:30:31.956 --> 0:30:32.916
<v Speaker 2>he's outmaneuvered.

0:30:33.236 --> 0:30:36.036
<v Speaker 4>Yeah, so, you know, the evil people can take the

0:30:36.116 --> 0:30:38.956
<v Speaker 4>law and do these things with it, and maybe you

0:30:38.996 --> 0:30:41.116
<v Speaker 4>could have fought it at some point or another.

0:30:41.476 --> 0:30:45.116
<v Speaker 3>But once the deal is done, it's unbreakable.

0:30:46.196 --> 0:30:50.836
<v Speaker 2>How does this whole thing ultimately get resolved? Eric pursues

0:30:50.916 --> 0:30:58.396
<v Speaker 2>Ursula with his ship and kills her. The Little Mermaid

0:30:58.676 --> 0:31:02.116
<v Speaker 2>is a vigilante picture. It's an animated, dirty, hairy movie.

0:31:02.636 --> 0:31:05.516
<v Speaker 2>They might as well have had Clint Eastwood play Prince Eric.

0:31:06.516 --> 0:31:10.796
<v Speaker 4>Law is often presented as you are you know, ineffective,

0:31:10.876 --> 0:31:16.596
<v Speaker 4>completely irrelevant or negative, right or bad, something that the

0:31:16.596 --> 0:31:17.516
<v Speaker 4>bad guys use.

0:31:17.676 --> 0:31:20.636
<v Speaker 3>And then what tends to solve the problem is violence.

0:31:21.116 --> 0:31:24.756
<v Speaker 4>Yeah, either mob violence or in this case, you know

0:31:24.796 --> 0:31:26.996
<v Speaker 4>it's Ursula gets killed by.

0:31:26.836 --> 0:31:29.756
<v Speaker 2>A ship really yeah, impaled.

0:31:30.036 --> 0:31:32.716
<v Speaker 3>Yes, she gets impaled by the bow of it all.

0:31:32.756 --> 0:31:36.236
<v Speaker 2>The Freudian scholars writing about Little Mermaid refer to it

0:31:36.276 --> 0:31:37.636
<v Speaker 2>as a phallic impalement.

0:31:39.756 --> 0:31:42.676
<v Speaker 3>Oh my gosh, the gender stuff on this movie.

0:31:43.996 --> 0:31:53.036
<v Speaker 2>Forever and we will. In upcoming episodes, you'll hear from

0:31:53.036 --> 0:31:56.436
<v Speaker 2>a neuroscientist turned literary theorist who will help us to

0:31:56.476 --> 0:31:59.676
<v Speaker 2>code the hidden meaning of the Little Mermaid narrative. A

0:31:59.676 --> 0:32:02.836
<v Speaker 2>big name Hollywood casting agent will stop by to sort

0:32:02.876 --> 0:32:06.436
<v Speaker 2>to the show's characters, and best of all, in an

0:32:06.476 --> 0:32:11.196
<v Speaker 2>act of massive revisionist history, I prevail upon a high

0:32:11.276 --> 0:32:14.596
<v Speaker 2>end Hollywood screenwriter to reimagine the movie.

0:32:14.876 --> 0:32:19.316
<v Speaker 6>Malcolm. I used to tie my ankles with like sweat

0:32:19.356 --> 0:32:22.636
<v Speaker 6>socks and then jump into the pool so that I could,

0:32:22.716 --> 0:32:25.196
<v Speaker 6>you know, swim with my feet tied together like the

0:32:25.196 --> 0:32:25.956
<v Speaker 6>Little Mermaid.

0:32:27.556 --> 0:32:32.996
<v Speaker 2>Coming up next week, Brent Marlin dives deep deep into

0:32:33.076 --> 0:32:43.796
<v Speaker 2>the underworld. Revision's History is produced by me LaBelle Leeman

0:32:43.876 --> 0:32:47.476
<v Speaker 2>Gesteu and Jacob Smith with Eloise Linton and on a Nyme.

0:32:48.116 --> 0:32:51.436
<v Speaker 2>Our editor is Julia Barton. Original scoring by Luis Kira,

0:32:51.836 --> 0:32:56.556
<v Speaker 2>mastering by Flon Williams, and engineering by Martin Gonzalez. Fact

0:32:56.596 --> 0:33:00.196
<v Speaker 2>checking by Amy Gaines. Our voice actor in this episode

0:33:00.436 --> 0:33:04.476
<v Speaker 2>was Melina Rose. Special thanks to the Pushkin crew had

0:33:04.476 --> 0:33:09.436
<v Speaker 2>a Fame, Carly Mcglori, Maya Knig, Daniello, Lacan, Maggie Tayler,

0:33:09.876 --> 0:33:14.996
<v Speaker 2>Eric Sandler, Nicole Morano, Jason Gambrel, and of course Jacob Eisberg.

0:33:15.556 --> 0:33:26.196
<v Speaker 2>I'm Malcolm Blama. Don't forget my latest book, The Bomber Mafia,

0:33:26.476 --> 0:33:29.636
<v Speaker 2>which is an expansion of several episodes from the last

0:33:29.636 --> 0:33:32.796
<v Speaker 2>season of Revisionist History. You can find it wherever books

0:33:32.796 --> 0:33:37.356
<v Speaker 2>are sold, but by the audiobook at Bombermafia dot com

0:33:37.396 --> 0:33:39.796
<v Speaker 2>and you'll get a bonus listener's guide, and you can

0:33:39.836 --> 0:33:42.236
<v Speaker 2>listen in the podcast app you're using now