Louis Wischnewsky 
English 434: YA Literature 
Dr. L. Bruce 
13 Oct. 2014 
Agency 
Agency brings a dilemma to children’s and young adult literature. For adults, looking at a character 
like the secret agent James Bond, it is easy to recognize his agency: he is an agent that works for the spy 
agency, MI-5. For young adults, however, Jupiter Jones, Pete Crenshaw, and Bob Andrews, the trio that 
made up the young adult investigate troupe of the Three Investigators, cannot be agents because they are 
too young to be employed by an agency (Arthur). Likewise, in more recent young adult literature, the 
character Christopher John Francis Boone of The Curious Incident of the Dog in the Night-Time may scour 
his neighborhood just like a real-life detective agent, but Christopher has no agency (Haddon). Worse for 
Christopher, unlike Jupe, Pet, and Bob, he has no friends with which to form an agency. 
As it turns out, the question of agency has been around for a long time; if not the word, then the 
concept, dates as far back as the Romans, according to jurist Oliver Wendell Holmes (348). It may be 
coincidental, but Holmes was tackling the issue of agency about the same time young adult literature, 
identified then as juvenile literature, was coming of its own: the late 1800s (Hunt 42). The fact that Holmes, 
arguably the most famous jurists in American history, was compelled to define agency should signal the 
importance of the word. Troubling, though, is the realization there was a need to define such a common 
word. According to the Oxford English Dictionary (hereafter, OED), agency has been around since 1600. 
Agency was, in fact, in wide use during the mid to late 1800s. At least prior to Holmes’ encounter with 
agency, the old OED meaning fit the James Bond mold mentioned earlier: “A person or organization acting 
on behalf of another, or providing a particular service; the process of acting as an agent the position, role, 
or function of an agent, deputy, or representative; an instance of this. [This use is] now somewhat rare.” 
The OED gives numerous modern definitions to the word which gives rise to another issue. The two
Wischnewsky 2 
definitions that come closest to fitting The Three Investigators and Christopher Boone do not appear to be 
separable. 
Consider these two inclusions to the agency entry in the OED: 
Action, capacity to act; Ability or capacity to act or exert power; active working or operation; 
action, activity. 
and 
Action or intervention producing a particular effect; means, instrumentality, mediation; Such 
action embodied or personified; a being or thing that acts to produce a particular effect or 
result. 
In the first instance, there is such emphasis upon “action” one might wonder, why not just use “act” or 
“action” in place of agency? Furthermore, an “intervention producing a particular effect” is nothing more 
than a nuance of action in general: regardless of the effect, intervention is still action. The same nuances 
exist between “capacity” and “means, instrumentality, mediation.” The personification of agency? That’s 
still agency, no doubt, but just like “a thing that acts,” it does not define agency itself; it merely means that 
agency is not necessarily a physical entity. Holmes calls that aspect of agency, a “fiction” (345).1 
Aside from the ambiguities of the OED, the larger picture is the application of agency in the world 
of young adult literature. Looking at Holmes’ dated definition of agency, Alice Mills’ preferred definition, 
and one more definition of agency that Drew Chappell relies upon, what becomes apparent is a diverging 
concept of agency. In Holmes’ case, the now-rarely used definition provided by the OED works, but is not 
as complete as it could be. Mills borrows a definition that looks concise enough, though there is an 
apparent option of application. Chappell’s definition is vague if not broad. Though broad, Chappell uses the 
definition with discretion but is also able to use the word at-will no less than does Mills. 
Holmes’ definition of agency is complex and for good reason: he believed that agency was largely 
circumstantial. Though Holmes does not specifically identify his vision of agency, in the following passage 
the definition becomes apparent: “That is to say, although it is contrary to theory to allow a servant2 to be
Wischnewsky 3 
sued for conduct in his capacity as such, he cannot rid himself of his responsibility as a freeman, and may 
be sued as a free wrong doer” (364).3 In other words, although under normal circumstances, the agent is not 
responsible for his conduct – even if his free movement and capacity to choose allows him to act at will, the 
agent cannot disassociate himself from responsibility if he is acting on behalf of his own free will. Thus, if 
a character has agency, the agency upon which the character acts is not his own but that of the principal. 
That is, unless the character/agent is also his own principal/agency, both willing and capable of accepting 
responsibility for his own actions – or lack thereof. 
The lack of a possibility of desiring a negative outcome is what makes Alice Mills’ application of 
agency different from Holmes’. Mills directly quotes Pat Bowden’s and Jane Mummery’s idea of agency: 
“having the power and capacity to act as one chooses … she has to be able to couple her needs and desires 
to possible actions and, more generally, see the possibility for action, as well as weighing up pros and cons 
and eventually deciding on specific actions” (qtd. in Mills, 292). The debate Mills battles is whether or not 
characters in the Harry Potter series make choices of their own agency or whether they act out of 
addictions. An example Mills provides is the final battle between Harry and Voldemort. When Harry 
demands of fellow Hogwarts students side with either him or Voldemort, the crowd of students is 
irresponsive. The lack of response, Mills argues, demonstrates a lack of agency (294).4 For, with no 
apparent barriers to acting upon Harry’s demand, Mills assumes a decision for these students should be 
easily made and easily acted upon: side with and help Harry.5 Thus, what Harry cannot see, Mills implies, 
is that his peers lack the same level of agency he now commands. 
While Mills’ definition of agency does not include the duty to act she expects to see from Harry’s 
peers, Cambell’s definition does contain that element. Working off Henry A. Giroux’s definition of agency, 
“the ability to imagine the world differently and then to act differently” (qtd. in Campbell 282), Campbell 
concludes that the characters of Harry Potter do, in fact, have agency. More specifically, Campbell argues 
that J.K. Rowling’s postmodern characters are distinctive from modern characters due to Rowling’s 
characters’ agency (282). Campbell argues that Harry and his friends deconstruct established adult and
Wischnewsky 4 
children/young adult institutions in order to rebuild those institutions to a broader, and especially, more 
equitable utility to society in general (283-84, 291-92). Harry and his friends, Campbell claims, are able to 
do this via fair inquiry and pushing the boundaries adults have instituted. This hypothesis fits the Giroux 
definition of agency neatly: Hogwarts remains a teaching institution despite the scandals that nearly destroy 
the school in the final battle Mills deals with above. An entirely new, idependent institution, in Campbell’s 
agency, is not required – and, in fact, is precluded from possibility. 
Holmes’ idea of agency may seem paternalistic, but consider the phrase Holmes inserts: “he cannot 
rid himself of his responsibility as a freeman.” Transcribed, a freeman acts as an agent of his own agency 
and is, therefore, singularly liable for any consequences his actions cause. What, though, is Holmes’ overall 
idea of agency? Holmes does not stop with, “the capacity to act and the option to act.” On its own, that part 
of the definition makes the character an agent sans sovereignty. The ultimate responsibility for the action, 
good or bad, is where agency lies. The combination, the capacity to act, the option to act, and the 
responsibility for the action, good or bad, gives the character complete, self-autonomous agency. The Mills 
definition does not stray far from Holmes’ idea but where it does vary, the variation is significant. At the 
end of the day, Mills requires the young adult character to take action – even though her definition clearly 
makes action an option. While Mills may be correct in asserting that Harry’s peers lack the same level of 
agency he masters, the problem is that the audience simply does not know what Harry’s peers are weighing, 
if anything (Rowling 610). Campbell’s usage of agency removes the option to participate: young adult 
characters have an obligation to change society for the better. The option to act only occurs in the when to 
act. Under the broader Holmes definition, Campbell’s characters actually lack agency because they lack the 
sovereignty to not participate at all. 
There is a sort of irony that exists within agency scholarship today. The individual character who 
acquires agency gains, potentially, unlimited resources to affect the world to his liking. Simultaneously, 
however, there is a twenty-first century concept of individualism that is conflicting within itself. 
Uniqueness is worshipped. Yet there is a moral expectation by society upon the individual character to
Wischnewsky 5 
make the world a more equitable space for all that world’s inhabitants. Agency is just one place where 
these conflicting values crash head to head. It is no accident that the last twenty years has seen an increased 
frequency in scholarship surrounding agency. The potentially unlimited nature of agency for the individual 
overshadows the dual nature of agency that is inescapable.
Wischnewsky 6 
End Notes 
1 Readers todaymay not grasp Holmes’ use of the word “fiction.” Jacques Lacan, in unrelated studies, would later touch 
upon what Holmes calls a “fiction,” recoining it as “das Ding” (Hook 855, 861). Directly from German, “the Thing” is, 
essentially, an ideal which cannot be realized. Ideas do not physically exist but are, nonetheless, nouns. With the 
establishment of the Modern Language Arts institution, todaywe can be confident in calling and “idea” a noun whereas 
Holmes probably felt restricted from doing so. 
2 In today’s vernacular we would identify the “master” as the principal/agency and the “servant” as the agent. 
3 I do, here, take the liberty of appropriating a jurisprudence definition for literary purposes. Literary theory has no validity 
if it cannot cross disciplines. Crossing from legal theory into literary theory should be especially valid in an era where 
fictional realism is in high demand. 
4 Mills’ interpretation of the scene is questionable. To begin with, where would Rowling have had difficulty in writing the 
scene so that all of the Slytherin students, collectively, betrayed Harry? While the Gryffindors, Hufflepuffs, and 
Ravenclaws all face the Slytherins, “all of them looking toward Pansy instead [of Harry],” the passage does not clarify 
exactlywhat the Slytherins are doing. Some could be equally facing Pansy. Nor does the removal of Slytherin house from 
the scene necessitate a lack of agency among its members (which Mills does acknowledge). The move is clearly 
precautionary. Although everyone is expected to leave, not everyone does, true (Rowling 610). But the Slytherins are in a 
precarious situation: whether their individual agency desires to side with Harry or not, remaining behind to demonstrate that 
loyaltywill certainly be seen as the exact opposite – desire to dethrone Harry. Mills is right: the Slytherins lack agency in 
the scene, but it cannot be said that their lack of agency is due to the lack of desire that Mills concludes. 
5 In fairness to Mills, she also questions polar options, writing, “there appears to be no third option, such as a conscientious 
objection to fighting” (294).While Mills’ third option is possible, it is not plausible: nowhere in the Harry Potter series do 
any of Harry’s peers (other students) ever display ideas or characteristics of conscientious objection to fighting. Thus, here 
she seems to be rather casual in her dismissal of other options – the most glaring other option being the one argued in this 
text: the existential option of desiring the negative outcome of Harry losing.
Wischnewsky 7 
Works Cited 
"agency, n." OED Online. Oxford: Oxford U.P., Sept. 2014. Web. 29 Sept. 2014. 
Arthur, Robert. The Three Investigators in the Secret of Skeleton Island. New York: Random House, 1985. 
Chappell, Drew. “Sneaking Out After Dark: Resistance, Agency, and the Postmodern Child in JK 
Rowling’s Harry Potter Series.” Children's Literature in Education, 39.4 2008: 291-301. Heidelberg, 
Germany: Springer, 2014.Web. 5 Oct. 2014. 
Haddon, Mark. The Curious Incident of the Dog in the Night-Time. N.Y.: Random House, 2005. Print. 
Hook, Derek. “The Powers of Emptiness.” Theory & Psychology. 20.6. 2010. 855-70. Thousand Oaks, 
CA.: Sage. Web. 15 Mar. 2014. 
Holmes, Jr., O.W. “Agency.” Harvard Law Review, 4.8 1891: 345-364. N.Y.: JSTOR, 2014. Web. 5 Oct. 
2014. 
Hunt, Peter. “Children’s Literature.” Keywords for Children’s Literature, Eds. Philip Nel and Lissa Paul. 
N.Y.: N.Y. U.P., 2011. 42. Print. 
Mills, Alice. "Harry Potter: Agency or Addiction?." Children's Literature in Education, 41.4 2010: 291- 
301. Heidelberg, Germany: Springer, 2014. Web. 5 Oct. 2014. 
Rowling, J.K. Harry Potter and the Deathly Hollows. N.Y.: Scholastic, 2007. 610. Print.

Agency vf2

  • 1.
    Louis Wischnewsky English434: YA Literature Dr. L. Bruce 13 Oct. 2014 Agency Agency brings a dilemma to children’s and young adult literature. For adults, looking at a character like the secret agent James Bond, it is easy to recognize his agency: he is an agent that works for the spy agency, MI-5. For young adults, however, Jupiter Jones, Pete Crenshaw, and Bob Andrews, the trio that made up the young adult investigate troupe of the Three Investigators, cannot be agents because they are too young to be employed by an agency (Arthur). Likewise, in more recent young adult literature, the character Christopher John Francis Boone of The Curious Incident of the Dog in the Night-Time may scour his neighborhood just like a real-life detective agent, but Christopher has no agency (Haddon). Worse for Christopher, unlike Jupe, Pet, and Bob, he has no friends with which to form an agency. As it turns out, the question of agency has been around for a long time; if not the word, then the concept, dates as far back as the Romans, according to jurist Oliver Wendell Holmes (348). It may be coincidental, but Holmes was tackling the issue of agency about the same time young adult literature, identified then as juvenile literature, was coming of its own: the late 1800s (Hunt 42). The fact that Holmes, arguably the most famous jurists in American history, was compelled to define agency should signal the importance of the word. Troubling, though, is the realization there was a need to define such a common word. According to the Oxford English Dictionary (hereafter, OED), agency has been around since 1600. Agency was, in fact, in wide use during the mid to late 1800s. At least prior to Holmes’ encounter with agency, the old OED meaning fit the James Bond mold mentioned earlier: “A person or organization acting on behalf of another, or providing a particular service; the process of acting as an agent the position, role, or function of an agent, deputy, or representative; an instance of this. [This use is] now somewhat rare.” The OED gives numerous modern definitions to the word which gives rise to another issue. The two
  • 2.
    Wischnewsky 2 definitionsthat come closest to fitting The Three Investigators and Christopher Boone do not appear to be separable. Consider these two inclusions to the agency entry in the OED: Action, capacity to act; Ability or capacity to act or exert power; active working or operation; action, activity. and Action or intervention producing a particular effect; means, instrumentality, mediation; Such action embodied or personified; a being or thing that acts to produce a particular effect or result. In the first instance, there is such emphasis upon “action” one might wonder, why not just use “act” or “action” in place of agency? Furthermore, an “intervention producing a particular effect” is nothing more than a nuance of action in general: regardless of the effect, intervention is still action. The same nuances exist between “capacity” and “means, instrumentality, mediation.” The personification of agency? That’s still agency, no doubt, but just like “a thing that acts,” it does not define agency itself; it merely means that agency is not necessarily a physical entity. Holmes calls that aspect of agency, a “fiction” (345).1 Aside from the ambiguities of the OED, the larger picture is the application of agency in the world of young adult literature. Looking at Holmes’ dated definition of agency, Alice Mills’ preferred definition, and one more definition of agency that Drew Chappell relies upon, what becomes apparent is a diverging concept of agency. In Holmes’ case, the now-rarely used definition provided by the OED works, but is not as complete as it could be. Mills borrows a definition that looks concise enough, though there is an apparent option of application. Chappell’s definition is vague if not broad. Though broad, Chappell uses the definition with discretion but is also able to use the word at-will no less than does Mills. Holmes’ definition of agency is complex and for good reason: he believed that agency was largely circumstantial. Though Holmes does not specifically identify his vision of agency, in the following passage the definition becomes apparent: “That is to say, although it is contrary to theory to allow a servant2 to be
  • 3.
    Wischnewsky 3 suedfor conduct in his capacity as such, he cannot rid himself of his responsibility as a freeman, and may be sued as a free wrong doer” (364).3 In other words, although under normal circumstances, the agent is not responsible for his conduct – even if his free movement and capacity to choose allows him to act at will, the agent cannot disassociate himself from responsibility if he is acting on behalf of his own free will. Thus, if a character has agency, the agency upon which the character acts is not his own but that of the principal. That is, unless the character/agent is also his own principal/agency, both willing and capable of accepting responsibility for his own actions – or lack thereof. The lack of a possibility of desiring a negative outcome is what makes Alice Mills’ application of agency different from Holmes’. Mills directly quotes Pat Bowden’s and Jane Mummery’s idea of agency: “having the power and capacity to act as one chooses … she has to be able to couple her needs and desires to possible actions and, more generally, see the possibility for action, as well as weighing up pros and cons and eventually deciding on specific actions” (qtd. in Mills, 292). The debate Mills battles is whether or not characters in the Harry Potter series make choices of their own agency or whether they act out of addictions. An example Mills provides is the final battle between Harry and Voldemort. When Harry demands of fellow Hogwarts students side with either him or Voldemort, the crowd of students is irresponsive. The lack of response, Mills argues, demonstrates a lack of agency (294).4 For, with no apparent barriers to acting upon Harry’s demand, Mills assumes a decision for these students should be easily made and easily acted upon: side with and help Harry.5 Thus, what Harry cannot see, Mills implies, is that his peers lack the same level of agency he now commands. While Mills’ definition of agency does not include the duty to act she expects to see from Harry’s peers, Cambell’s definition does contain that element. Working off Henry A. Giroux’s definition of agency, “the ability to imagine the world differently and then to act differently” (qtd. in Campbell 282), Campbell concludes that the characters of Harry Potter do, in fact, have agency. More specifically, Campbell argues that J.K. Rowling’s postmodern characters are distinctive from modern characters due to Rowling’s characters’ agency (282). Campbell argues that Harry and his friends deconstruct established adult and
  • 4.
    Wischnewsky 4 children/youngadult institutions in order to rebuild those institutions to a broader, and especially, more equitable utility to society in general (283-84, 291-92). Harry and his friends, Campbell claims, are able to do this via fair inquiry and pushing the boundaries adults have instituted. This hypothesis fits the Giroux definition of agency neatly: Hogwarts remains a teaching institution despite the scandals that nearly destroy the school in the final battle Mills deals with above. An entirely new, idependent institution, in Campbell’s agency, is not required – and, in fact, is precluded from possibility. Holmes’ idea of agency may seem paternalistic, but consider the phrase Holmes inserts: “he cannot rid himself of his responsibility as a freeman.” Transcribed, a freeman acts as an agent of his own agency and is, therefore, singularly liable for any consequences his actions cause. What, though, is Holmes’ overall idea of agency? Holmes does not stop with, “the capacity to act and the option to act.” On its own, that part of the definition makes the character an agent sans sovereignty. The ultimate responsibility for the action, good or bad, is where agency lies. The combination, the capacity to act, the option to act, and the responsibility for the action, good or bad, gives the character complete, self-autonomous agency. The Mills definition does not stray far from Holmes’ idea but where it does vary, the variation is significant. At the end of the day, Mills requires the young adult character to take action – even though her definition clearly makes action an option. While Mills may be correct in asserting that Harry’s peers lack the same level of agency he masters, the problem is that the audience simply does not know what Harry’s peers are weighing, if anything (Rowling 610). Campbell’s usage of agency removes the option to participate: young adult characters have an obligation to change society for the better. The option to act only occurs in the when to act. Under the broader Holmes definition, Campbell’s characters actually lack agency because they lack the sovereignty to not participate at all. There is a sort of irony that exists within agency scholarship today. The individual character who acquires agency gains, potentially, unlimited resources to affect the world to his liking. Simultaneously, however, there is a twenty-first century concept of individualism that is conflicting within itself. Uniqueness is worshipped. Yet there is a moral expectation by society upon the individual character to
  • 5.
    Wischnewsky 5 makethe world a more equitable space for all that world’s inhabitants. Agency is just one place where these conflicting values crash head to head. It is no accident that the last twenty years has seen an increased frequency in scholarship surrounding agency. The potentially unlimited nature of agency for the individual overshadows the dual nature of agency that is inescapable.
  • 6.
    Wischnewsky 6 EndNotes 1 Readers todaymay not grasp Holmes’ use of the word “fiction.” Jacques Lacan, in unrelated studies, would later touch upon what Holmes calls a “fiction,” recoining it as “das Ding” (Hook 855, 861). Directly from German, “the Thing” is, essentially, an ideal which cannot be realized. Ideas do not physically exist but are, nonetheless, nouns. With the establishment of the Modern Language Arts institution, todaywe can be confident in calling and “idea” a noun whereas Holmes probably felt restricted from doing so. 2 In today’s vernacular we would identify the “master” as the principal/agency and the “servant” as the agent. 3 I do, here, take the liberty of appropriating a jurisprudence definition for literary purposes. Literary theory has no validity if it cannot cross disciplines. Crossing from legal theory into literary theory should be especially valid in an era where fictional realism is in high demand. 4 Mills’ interpretation of the scene is questionable. To begin with, where would Rowling have had difficulty in writing the scene so that all of the Slytherin students, collectively, betrayed Harry? While the Gryffindors, Hufflepuffs, and Ravenclaws all face the Slytherins, “all of them looking toward Pansy instead [of Harry],” the passage does not clarify exactlywhat the Slytherins are doing. Some could be equally facing Pansy. Nor does the removal of Slytherin house from the scene necessitate a lack of agency among its members (which Mills does acknowledge). The move is clearly precautionary. Although everyone is expected to leave, not everyone does, true (Rowling 610). But the Slytherins are in a precarious situation: whether their individual agency desires to side with Harry or not, remaining behind to demonstrate that loyaltywill certainly be seen as the exact opposite – desire to dethrone Harry. Mills is right: the Slytherins lack agency in the scene, but it cannot be said that their lack of agency is due to the lack of desire that Mills concludes. 5 In fairness to Mills, she also questions polar options, writing, “there appears to be no third option, such as a conscientious objection to fighting” (294).While Mills’ third option is possible, it is not plausible: nowhere in the Harry Potter series do any of Harry’s peers (other students) ever display ideas or characteristics of conscientious objection to fighting. Thus, here she seems to be rather casual in her dismissal of other options – the most glaring other option being the one argued in this text: the existential option of desiring the negative outcome of Harry losing.
  • 7.
    Wischnewsky 7 WorksCited "agency, n." OED Online. Oxford: Oxford U.P., Sept. 2014. Web. 29 Sept. 2014. Arthur, Robert. The Three Investigators in the Secret of Skeleton Island. New York: Random House, 1985. Chappell, Drew. “Sneaking Out After Dark: Resistance, Agency, and the Postmodern Child in JK Rowling’s Harry Potter Series.” Children's Literature in Education, 39.4 2008: 291-301. Heidelberg, Germany: Springer, 2014.Web. 5 Oct. 2014. Haddon, Mark. The Curious Incident of the Dog in the Night-Time. N.Y.: Random House, 2005. Print. Hook, Derek. “The Powers of Emptiness.” Theory & Psychology. 20.6. 2010. 855-70. Thousand Oaks, CA.: Sage. Web. 15 Mar. 2014. Holmes, Jr., O.W. “Agency.” Harvard Law Review, 4.8 1891: 345-364. N.Y.: JSTOR, 2014. Web. 5 Oct. 2014. Hunt, Peter. “Children’s Literature.” Keywords for Children’s Literature, Eds. Philip Nel and Lissa Paul. N.Y.: N.Y. U.P., 2011. 42. Print. Mills, Alice. "Harry Potter: Agency or Addiction?." Children's Literature in Education, 41.4 2010: 291- 301. Heidelberg, Germany: Springer, 2014. Web. 5 Oct. 2014. Rowling, J.K. Harry Potter and the Deathly Hollows. N.Y.: Scholastic, 2007. 610. Print.