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1

Schmidt, Christoph M., und Torsten Schmidt. „Nach der Krise ist vor der Krise – für eine rasche Konsolidierung der öffentlichen Haushalte“. Zeitschrift für Wirtschaftspolitik 70, Nr. 1 (28.04.2021): 51–59. http://dx.doi.org/10.1515/zfwp-2021-2047.

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Abstract Public debt has increased significantly in the wake of the Corona crisis. In order to remain able to act, public budgets must be consolidated in the coming years. However, no special measures are necessary for this, especially no new taxes. Due to the consolidation of the past years, the debt-to-GDP ratio will probably not exceed the level it reached during the financial crisis. Current policy impulses have been set on the expenditure side. Correspondingly, consolidation should emphasize the reduction of expenditures. An increase of revenues should only be considered, if the measures initially taken prove insufficient.
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Kawadia, Ganesh, und Ankit Kumar Suryawanshi. „Fiscal Consolidation in Madhya Pradesh and Chhattisgarh during 2001 to 2019“. Global Business & Economics Anthology 1, March 2022 (26.03.2022): 38–45. http://dx.doi.org/10.47341/gbea.22033.

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This paper looks into fiscal consolidation in India's heartland states of Madhya Pradesh and Chhattisgarh following their separation from 2001 to 2019. The study examines the trends in states' budget deficits, public spending, debt, and revenue collection to meet FRBMA, 2003 fiscal targets. According to the analysis, both states achieved fiscal consolidation after an initial hiccup during the period. The states adhered to the fiscal targets established by the FRBM Act of 2003 and various finance commissions. In Madhya Pradesh and Chhattisgarh, the gap between revenue receipts and revenue expenditure has narrowed. The percentage of interest payments deducted from revenue has also been reduced. Madhya Pradesh and Chhattisgarh are backward states, despite their above-average economic growth. The deficit and debt levels and the states' interest payments have increased later in the study period. The States must generate revenue through legislative non-GST taxes and other non-tax sources.
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Chotia, Varun. „The impact of fiscal consolidation and economic growth on debt: Evidence from India“. Ekonomski anali 64, Nr. 222 (2019): 63–80. http://dx.doi.org/10.2298/eka1922063c.

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This paper analyses the challenges debt reduction faces as a result of fiscal consolidation and the effect of growth on India?s debt ratio. Simulations are conducted based on India?s current revenue and debt levels and project different cases of fiscal tightening and their effect on changes in debt stock with respect to the change in GDP, i.e., changes in the debt ratio. The estimates for multipliers that are used in the Structural Vector Auto Regression (SVAR) model are obtained empirically by giving shocks to fiscal instruments such as expenditure and taxes. A non-technical approach to the SVAR methodology is used to analyse the dynamics of the studied framework by subjecting it to unexpected shocks. A more measured act of consolidation may be implemented in an attempt to normalise multiplier values in order to create an appropriate environment for reducing government spending. The drawbacks include the limitations of the SVAR methodology such as the orthogonality condition, which makes the entire analysis fairly restrictive. The framework used for the analysis is a modern approach towards understanding macroeconomic trends and variables in the context of the Indian economy and seeks to apply recently developed analytical tools.
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Tasalov, K. A. „Legal problems of the Russian concept of risk-oriented approach in the area of taxation“. Actual Problems of Russian Law, Nr. 4 (30.05.2019): 55–61. http://dx.doi.org/10.17803/1994-1471.2019.101.4.055-061.

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A risk-oriented approach used by the Russian tax authorities for planning control activities contains a number of shortcomings that reduce its effectiveness in terms of encouraging compliance. The stages of the risk assessment process are reflected in various legal instruments that are not integrated into any system. The legal mechanism established by the tax authorities at the subordinate level to assess risks creates a prerequisite for violation of the principles of the taxes and fees legislation. This flaw is caused by the lack of differentiation of risk criteria, which leads to the intervention of regulatory authorities in the economic activities of controlled entities, regardless of their compliance with all mandatory rules. The absence of the requirement for compliance of the control activity with the identified risk allows the regulatory authorities to carry out inspections on all taxes without sufficient grounds, which is burdensome for the controlled entities. Thus, the legal structure of this approach encourages the tax authorities to employ the law enforcement practice violating the principles of neutrality of taxation and the balance of private and public interests. Based on the experience of the United Kingdom tax authority (HM Revenues & Customs) that, like the Russian tax authorities, has been using a risk-oriented approach since 2007, the author identifies the main directions of development of this approach in Russia. Among such areas, in particular, the author has highlighted: consolidation of the norms regulating the process of applying the risk-oriented approach at all stages into a single regulatory legal act of the subordinate level; elimination of latent criteria of tax risk and the framework reflection in the system of publicly available criteria of all possible risk factors identified by the tax authority; creation of guarantees ensuring protection of bona fide persons from excessive control measures.
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Sokov, Ilya. „The US Climate Agenda as an Opportunity for American Society’s Socio-Political Transformation“. Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 4. Istorija. Regionovedenie. Mezhdunarodnye otnoshenija, Nr. 3 (Juni 2023): 85–96. http://dx.doi.org/10.15688/jvolsu4.2023.3.8.

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The article’s introduction includes a justification of the climate policy’s dependence and socioeconomic transformation in American society. The research’s purpose is to substantiate that the climate crisis is a complex infrastructural issue that requires solutions from all institutions and spheres of American society to achieve sustainable development and leadership. The article’s materials consist of international treaties, laws, and protocols that are adopted by the US Congress, the US government’s orders and plans, US politicians’ speeches and correspondence, research articles and monographs by famous scientists from various countries, the political practice’s analysis of the presidential administration of J. Biden in the conditions of fulfilling the obligations assumed by the United States under the Paris Climate Agreement, as well as new social and economic problems related to the hydrocarbons’ use. The article analyzes the Environmental Protection Agency’s activities and the supporters’ and opponents’ actions regarding the use of fossil fuels. The methodology is based on the principles of scientific historical research; a rationalistic approach is used as a methodological approach, and two special historical methods are used as research methods: systemic and genetic. The study’s results were updated plans and actions by the American government to address the climate agenda for the 2016–2020 period. As a result, the article’s author comes to several conclusions, which are that the struggle for a fair energy transition during the 2016–2022 period made American society more polarized and divided taken the measures according to ideas and actions. The so-called BIPOC community began to play a special role in this movement as the main force in a period of change and as a hope for the creation of a more fair society in America. The Inflation Reduction Act (2022) created the conditions for American society’s consolidation. The changes should be expected in 2023 as visible trends in socio-political modernization after the adoption of this law: for example, in healthcare, greater availability of medicines and lower prices for them, especially for insulin-dependent people; greater availability for more citizens in the health insurance sphere; reduction of citizens’ costs for electricity and energy efficiency of household appliances; reduction of taxes for low- and medium-income citizens; a tangible reduction in harmful pollution from fossil fuels; and the expected reduction in cancer diseases among Americans.
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Vdovichena, L. „Methodology of tax consultation in the aspect of activity theory of law-enforcement“. Analytical and Comparative Jurisprudence, Nr. 3 (28.09.2022): 156–61. http://dx.doi.org/10.24144/2788-6018.2022.03.28.

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Tax reforms contributed to the recognition and consolidation of the institute of the tax consultations. This created the need to research new relationships between controlling tax authorities and taxpayers, as well as solving problems of legal regulation of their status at the level of industry legislation. The law-making methodology of tax consultations is of considerable interest, in particular through the prism of activity theory in law-enforcement. The application of the activity approach to the problems of modern tax law is inextricably linked with the trend of anthropologizing tax legal science and practice. Therefore, tax consultations act as informational and guarantee tools, through which conditions are created for the taxpayer to properly and consistently exercise his rights and obligations, even in such a rather difficult period of our state's existence. It has been proven that cooperation (partnership) in the tax field requires taxpayers to bring to the attention of the tax authorities all the circumstances of their economic activity that are important for taxation. Instead, taxpayers have the opportunity to receive from the tax authorities detailed and proper explanations on the issues of calculating and paying taxes, as well as fair (adequate) taxation and guarantees against prosecution for alleged miscalculations or mistakes made by the tax authorities. Individual tax consultation is an explanation of the controlling state authority; provided to the taxpayer regarding the practical use of certain norms of tax and other legislation (the control over compliance with which is entrusted to the controlling state authority); registered in the unified register of individual tax consultations. A general tax consultation is a publication of the position of the central executive state authority regarding the practical use of certain norms of tax and other legislation. This position was formed based on the generalization of individual tax consultations, which are provided by controlling state authorities to taxpayers, and/or in the event of discovering circumstances that indicate the ambiguity of certain norms of such legislation. The author defined the guiding principles that underlie the methodological law-making of tax consultation: the principle of demand for tax consultation, the principle of formally defined subject orientation of tax consultation, the principle of priority of generalizing tax consultation, the principle of guaranteeing the interests of the taxpayer, the principle of presumption of legality of the taxpayer's decisions. The results of the use of tax consultation depend on the chosen methodological principles of its formation – necessity, reliability of interpretation of the provisions of the legislation, level of comprehensiveness, degree of persuasiveness, and truthfulness for the addressee – the taxpayer.
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CZESAK-STARŻYK, Joanna Magdalena. „Concentration of entrepreneurs on the pharmaceutical market: selected issues“. Central and Eastern European Journal of Management and Economics 5, Nr. 2 (07.01.2018): 257. http://dx.doi.org/10.29015/ceejme.631.

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Aim:The article has been selected due to the need to determine the legal basis for the consolidation of entrepreneurs on the pharmaceutical market and to identify the difference from the common pattern established by the regulations set forth in the Competition and Consumer Protection Act dated 16 February 2007. The selection of an enactment (the Competition and Consumer Protection Act or the Pharmaceutical Law Act) as the appropriate basis for ruling shapes the legal status of an entrepreneur on the pharmaceutical market, in particular with respect to selecting specific remedies. Design / Research methods:The text of enactments was analyzed using mainly the linguistic method. The aim of the analyzed regulations and the system of values protected by law were also investigated. Conclusions / findings:The regulations concerning anti-competition consolidation on the pharmaceutical market set forth in the Pharmaceutical Law Acta are lex specialis with respect to solutions adopted in the Competition and Consumer Protection Act (this applies only to issuing a permit for running a retail pharmacy and a limited service pharmacy). These regulations are related with respect to content but, simultaneously, they differ with respect to the adopted consolidation criteria (qualitative criterion: the Competition and Consumer Protection Act, and quantitative criterion: the Pharmaceutical Law Act). The regulations set forth in the Competition and Consumer Protection Act apply also to consolidation on the pharmaceutical market since the obligation to report a consolidation intent is not specific to the industry in which the consolidation takes place. It means that President of the Office of Competition and Consumer Protection is competent to study the consolidation status and issue decisions related to consolidation on the pharmaceutical market, and entrepreneurs can appeal from the President’s decisions to the Regional Court in Warsaw. Originality / value of the article:The approach presented is not present in the current literature which is the main value of the article. The subject matter of the article can be interesting for entrepreneurs present on the pharmaceutical market and law practitioners.
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Lozovskaya, Tatyana. „Features of the legal consolidation of the concept of "insignificant act" in the criminal legislation of Mongolia“. nauka.me, Nr. 1 (2021): 81. http://dx.doi.org/10.18254/s241328880015949-7.

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The article examines the features of the legal regulation of the concept of "insignificant act" in accordance with the criminal legislation of Mongolia. According to the author, it is necessary to supplement the current Criminal Code of the Russian Federation with a provision that takes into account the danger of an individual when qualifying an act as insignificant to fill the identified gap in law.
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9

Naveed-ul-Haq, Naveed-ul-Haq. „Understanding the Nitty-Gritty of Up-to-Date of Pakistan’s Customs Act, 1969“. Frontiers in Law 2 (02.08.2023): 72–81. http://dx.doi.org/10.6000/2817-2302.2023.02.09.

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Pakistan’s Customs Act, 1969 was enacted consolidating and amending the various laws on Customs. There are mainly six methods of valuation of goods including transaction value method, identical goods method, similar goods method, deductive methods, computed method and fall back method. Under Section 79 of the Act, Goods Declaration is filed duly supported by various documents for assessment of leviable duty and taxes. In case of misdeclaration, untrue statement or error etc. section 32 comes into play. Search Warrant is to be obtained by the Gazetted Officer of Customs from the Judicial Magistrate to recover the secreted goods under Section 162 of the Act, Seizure of things liable to confiscation is made under Section 168 of the Act. Section 156 provides the scope of offence(s), nature of breach and penalty thereof. Section 187 of the Act fixes initial burden of proof upon the person involved, which may be rebutted by the Customs authorities. The purpose of adjudication includes confiscation of goods, recovery of duty and other taxes not levied or short levied, recovery of erroneously refunded amount and imposition of fine. An option to fine in lieu of confiscation of goods can be given under Section 181 of the Act. The pecuniary power of adjudication is provided under Section 179 of the Act, whereas there are Appellate forums available in the form of Collector Appeals, Customs Appellate Tribunal and High Court. In addition to this, another mechanism under Alternate Dispute Resolution (ADR) is available under Section 195-C of the Act. In case of commission of cognizable offence, a FIR is lodged and a Special Judge takes cognizance of the offence(s) under the Code of Criminal Procedure, 1989. An appeal or Revision can be filed before the Court having the Powers High Court. The main challenge before the Customs is determination of value of goods paid or payable in relation to the item being valued. In case inaccurate value, either it is the business class who suffers or the state’s fiscal interests are jeopardized on account of lack of requisite capacity of the Customs Officer to successfully address the issue of value of goods and pass the buck onto the importer for charging misdeclaration and a lengthy process of adjudication is initiated against the importer and exporter as well as Clearing Agent as this value holds good for the imposition of Sales Tax, Income Tax and Federal Excise duty.
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Momen, Md Nurul, Harsha S. und Debobrata Das. „Mediated democracy and internet shutdown in India“. Journal of Information, Communication and Ethics in Society 19, Nr. 2 (18.12.2020): 222–35. http://dx.doi.org/10.1108/jices-07-2020-0075.

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Purpose This paper aims to highlight the very recent cases of internet shutdown during the creation of Union territory of Jammu and Kashmir and enactment of Citizenship Amendment Act and the detention under Section 66 (A) of Information Technology Act 2000. Design/methodology/approach This study takes up a broad explorative discussion of the challenges posed to the consolidation of democracy in India due to frequent internet shutdowns for online communication and social media usages. Findings As findings, it is narrated that due to politically motivated reasons, India compromises its commitment to the pluralism and diversity in views, in particular, individual rights to freedom of expression and opinion, enshrined in the constitution. Originality/value Right to freedom of speech and expression has now taken a new shape due to the emergence and availability of the internet that enriches the quality of democracy.
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Gonçalves, Jorge. „The Battles around Urban Governance and Active Citizenship: The Case of the Movement for the Caracol da Penha Garden“. Sustainability 14, Nr. 17 (01.09.2022): 10915. http://dx.doi.org/10.3390/su141710915.

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Building a civil society that can act as a collaborative voice in the processes of change that take place in the territories does not always come about naturally and peacefully but is often something that needs to be won, based on concrete episodes in daily life. These changes are framed by the ongoing trend of shift from a form of power carried out in accordance with the old values of opacity, autonomy and imposition to one dominated by transparency, informality and sharing. The consolidation of governance processes in line with the legitimate exercise of local, national, regional or metropolitan government therefore makes sense. A descriptive methodology is adopted here of the process of affirmation of an organic movement of citizens, identifying step by step the interactions between actors that led to the reversal of the initial decision taken by the municipality. This emblematic case is framed theoretically by the ongoing paradigm shift related to the modes of exercising power at the local scale. This analysis of the case of the Movement for the Caracol da Penha Garden in Lisbon, Portugal is a contribution to understanding how this slow and difficult transformation takes place in urban and metropolitan environments and how the learning that can be taken from these processes can be of great benefit to all urban stakeholders.
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Simón-Rojo, Marian, Andrés Couceiro, Julia del Valle und José Fariña Tojo. „Public Food Procurement as a Driving Force for Building Local and Agroecological Food Systems: Farmers’ Skepticism in Vega Baja del Jarama, Madrid (Spain)“. Land 9, Nr. 9 (08.09.2020): 317. http://dx.doi.org/10.3390/land9090317.

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In the last decade, efforts to re-localize the food system have been gaining ground in a way that is intended to induce changes in the primary sector, thereby improving its conditions and sustainability. The European Union has identified food as one of the ten key sectors with outstanding potential for an ecological transition, and public procurement of (organic) food as an appropriate policy to foster agricultural development and support small farmers. In this study, we analyze changes in land use and farming dynamics in three municipalities close to the metropolitan area of Madrid (Spain). We also explore how stakeholders and farmers perceive the driving forces of these changes and the potential for public procurement in providing stability for farmers and more specifically, boosting the articulation and consolidation of the emerging agroecological sector in an up-to-date hostile peri-urban environment. Some urban policies and food strategies in nearby cities, such as Madrid, have introduced measures to promote sustainable food in public procurement. The procurement could drive 10% of the total food grown in the Comunidad de Madrid, with large variations in the impact on different food subsectors. However, if public procurement is to be organic, local production has no capacity to meet increases in demand, except for honey and oil. Food procurement would not lead to improved stability and increases in farmers’ incomes if public policies to boost ecological transition are not adopted in parallel. For farmers, economic viability takes precedence over other problems, and although public procurement has been mainstreamed as a valuable tool to support local agriculture, stakeholders do not have high expectations for it. The research shows that farm size and specialization have a strong influence on market orientation, and the agroecological farmers and social movements that support them are primed for innovation adoption and may act as catalysts for the process.
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Dabizha, Vira, und Dmytro Pyskun. „COMMUNICATION STRATEGIES IN PUBLIC MANAGEMENT AND ADMINISTRATION: THE UKRAINIAN CONTEXT“. Modern scientific journal 3, Nr. 3 (2024): 92–100. http://dx.doi.org/10.36994/2786-9008-2024-3-12.

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The article is devoted to the study of communication strategies in public management and administration in modern Ukraine. The concept of "communication strategies" is revealed, their main components and principles of formation are considered. It is noted that the communication strategies of state management and administration bodies contribute to the effectiveness of communication between power structures and society, trust in the authorities, and the consolidation of society. It is proven that public management and administration is a communication process, as it containstypical components of a communicative act. The communication strategies of the state administration reform of Ukraine, the Verkhovna Rada of Ukraine, the Ministry of Education and Science of Ukraine, the Ministry of Foreign Affairs of Ukraine, "Communications strategy in the field of prevention and counteraction of corruption", "Communication strategy on European integration of Ukraine" etc. were analyzed. It was concluded that communication is one of the most important tools for ensuring effective state policy. It is noted that the basis of the communication strategies of public management and administration created in Ukraine are the principles on which the communication policy of the EU is based. Despite the general principles of creating communication strategies and the presence of basic elements, each public management and administration body when creating a communication strategy takes into account its own specificity, values and sphere of interests, and therefore notes its mission, main strategic tasks, analyzes the target audience and selects those resources that will help in the implementation of such a strategy. Attention is also paid to the types of communication strategies described in the scientific literature. A communication strategy can be a presentational, identification, competitive and trust strategy. It is concluded that "pure" types of communication strategies can be singled out as a theoretical concept.
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Berchanskiy, Kirill Alekseevich. „Criminal law characteristics of medical sorting (triage): COVID-19 and shortage of resources“. Юридические исследования, Nr. 9 (September 2020): 1–13. http://dx.doi.org/10.25136/2409-7136.2020.9.34067.

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The subject of this research is the legal norms that regulate the procedure of determining priority of patients (triage) in the Russian Federation, as well as the grounds for bringing to criminal responsibility of the representatives of medical profession for causing death during this process. The object of this research is the social relations arising in terms of prioritizing  treatment  of patients under the circumstances of severe shortage of medical resources, namely in case of mass infection. Analysis is conducted on the established by Chapter 8 of the Criminal Code of the Russian Federation conditions that exclude criminal nature of the act. The conclusion is made that on their inapplicability in similar circumstances. The author examines the nature of the process of medical sorting  – allocation of patients according to certain characteristics and order of their treatment, regulatory norms, as well as analyzes  the trends in the context of COVID-19 pandemic. Due to the fact that the Russian criminal law science does not feature special research dedicated to triage, the article provides a brief overview of the works of foreign legal scholars along with similar positions of national scholars, as well as determines the circumstances that affect the criminal nature of patient's death that takes place in the conditions of severe shortage of resources. The novelty lies in the cross-sectional study of the norms of Russian criminal law and the corresponding norms of medical law, based on which the author develops solution to the problem that did not previously receive due coverage in the Russian science. The author answers the question regarding criminal responsibility for the death of one of the two patients when it is not feasible to provide simultaneous medical treatment to both. It also The article also describes potential amendments to the sectoral medical legislation for the purpose of consolidation of legal status of medical professionals, protect their rights from unsubstantiated criminal prosecution,  protect rights of the patients, and maintain ethical well-being of medical profession.
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Berchanskiy, Kirill Alekseevich. „Юридические исследования, 2020-9Criminal law characteristics of medical sorting (triage): COVID-19 and shortage of resources“. SENTENTIA. European Journal of Humanities and Social Sciences, Nr. 3 (März 2021): 1–12. http://dx.doi.org/10.25136/1339-3057.2021.3.34122.

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The subject of this research is the legal norms that regulate the procedure of determining priority of patients (triage) in the Russian Federation, as well as the grounds for bringing to criminal responsibility of the representatives of medical profession for causing death during this process. The object of this research is the social relations arising in terms of prioritizing  treatment  of patients under the circumstances of severe shortage of medical resources, namely in case of mass infection. Analysis is conducted on the established by Chapter 8 of the Criminal Code of the Russian Federation conditions that exclude criminal nature of the act. The conclusion is made that on their inapplicability in similar circumstances. The author examines the nature of the process of medical sorting  – allocation of patients according to certain characteristics and order of their treatment, regulatory norms, as well as analyzes  the trends in the context of COVID-19 pandemic. Due to the fact that the Russian criminal law science does not feature special research dedicated to triage, the article provides a brief overview of the works of foreign legal scholars along with similar positions of national scholars, as well as determines the circumstances that affect the criminal nature of patient's death that takes place in the conditions of severe shortage of resources. The novelty lies in the cross-sectional study of the norms of Russian criminal law and the corresponding norms of medical law, based on which the author develops solution to the problem that did not previously receive due coverage in the Russian science. The author answers the question regarding criminal responsibility for the death of one of the two patients when it is not feasible to provide simultaneous medical treatment to both. It also The article also describes potential amendments to the sectoral medical legislation for the purpose of consolidation of legal status of medical professionals, protect their rights from unsubstantiated criminal prosecution,  protect rights of the patients, and maintain ethical well-being of medical profession.
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Romanovsky, Georgy B., und Vladislav G. Romanovsky. „Restrictions on digital human rights to counter terrorism“. Izvestiya of Saratov University. Economics. Management. Law 23, Nr. 1 (21.02.2023): 48–59. http://dx.doi.org/10.18500/1994-2540-2023-23-1-48-59.

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Introduction. Russian civil legislation takes into account innovations in information exchange by fixing the concept of digital rights, while giving them an exclusively private legal understanding. The modern doctrine proceeds from the fact that development of digital technologies has also significantly influenced the concept of fundamental human rights. Continuation of this vision is the emergence of digital rights in the public sphere. This actualizes the analysis of their possible limitations in order to counter terrorism. Theoretical analysis. The research reveals the consequences of the transfer of a significant amount of social relations to digital format. At the same time, while the general discourse of discussions stems from the principle of “normative equivalence” between “offline” and “online” (which does not require fundamental changes in law), the experience of the spread of digital technologies shows that it increasingly faces systemic failures. The authors indicate the difficulties with the definition of digital rights and their regulatory consolidation (by analyzing the regulations of the European Union). Empirical analysis. Based on the identified characteristics of digital communications, the paper presents the models for countering terrorist threats in modern cyberspace. The features of the legislative support of the Chinese model of the “Golden Shield”, based on the principles of digital sovereignty (in particular, the Law of the People’s Republic of China “On Data Security”), are shown. The authors highlight the features of imposing restrictions on the right to digital communication for persons suspected of involvement in terrorist activities (in particular, on the basis of the Anti-Terrorism and Border Security Act adopted in 2019 in the UK) and consider other foreign experience in countering terrorist threats in the digital sphere. Results. The necessity of taking into account the technological features of information exchange in the digital space is demonstrated. This has a significant impact on the emergence of new measures to counter terrorism. Foreign experience testifies to the expansion of the list of operational and search measures, the list of elements of crimes of a terrorist nature.
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Otchych, Anastasiya, und Nataliia Yaniuk. „ПРАВОВИЙ СТАТУС ДЕРЖАВНОГО СЛУЖБОВЦЯ В УКРАЇНІ: ОКРЕМІ ПРОБЛЕМИ У ЗАКОНОДАВЧОМУ РЕГУЛЮВАННІ“. Visnyk of the Lviv University. Series Law, Nr. 77 (12.12.2023): 193–202. http://dx.doi.org/10.30970/vla.2023.77.193.

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Civil servant is a subject of public-legal relations, and their status is a special aspect in relation to the administrative-legal status of other citizens. In the course of scientific and legal analysis, it is determined that the legal status of a civil servant arises only on the basis of an administrative act on appointment to a civil service position. Under no circumstances can this status arise solely based on actual relations. The status regulates the limits of the behavior of a civil servant, which is permitted by the law of conduct, his legal guarantees and responsibility for the results of improper official activity in a position in a state body. It is found that the legal status of a civil servant is characterized by general features of the administrative-legal status of a citizen of Ukraine and special features that are mediated by the specifics of the functioning of the civil service in Ukraine. Official activity leads to the emergence of additional rights and obligations, which are formed taking into account civil service and position. The legal establishment of rights and obligations corresponds to the tasks and functions of the civil service. It is concluded that the structure of the legal status of a civil servant includes restrictions and prohibitions. The latter provide a balance in the civil servants’ use of their authority. The legislative consolidation these restrictions and prohibitions is a means of preventing corruption in public administration. It is justified that the ethics of the civil servant’s behavior is a mandatory element of the legal status. Compliance with ethical rules affects the image of the public service. The fundamental principles of the legal status of a civil servant are defined in the Law of Ukraine «On Civil Service» (2015). This law takes into account the basic standards of civil service in EU countries. Limitations and prohibitions for a civil servant are established in the Law of Ukraine «On Prevention of Corruption» (2014). Legal status of a civil servant is further regulated by special laws, depending on the type of service. This article also states that there are legal guarantees for civil servants that ensure professional activity. Legislation establishes a special procedure for protection. In Ukraine, public-service disputes are tried in administrative courts. It is concluded that legal status of a civil servant ends with the termination of civil service. But there are restrictions established by the anti-corruption legislation, which a civil servant must adhere to even after termination of civil service. The authors of the article draw attention to the fact that there are still challenges in legislative regulation regarding the enhancement of a public servant's professionalism, preventing corruption during civil service, and the dismissal of a public servant due to retirement. Keywords: public service, ethical rule, administrative act, anti-corruption legislations.
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Арсаханова, Г. А. „The possibilities of using anti-stress technologies in the globalization of education“. Management of Education, Nr. 3 (30.05.2021): 39–49. http://dx.doi.org/10.25726/m5593-2545-8348-v.

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Возможности становления и развития образования в сфере юриспруденции позволяет говорить о том, что юрист как профессионал может быть не только ограничен юрисдикцией, в которой осуществляет свою профессиональную деятельность, но также и выступать как источник имплементации в законодательство новых правовых конструкций. В число таких относят инновации в закреплении права собственности, в области семейных и трудовых отношений, а также реализуемых положений по внешней политики в рамках самого государства. Новизна исследования определяется тем, что юридическое образование под собой понимает не только возможность осуществления юристами свой профессиональной деятельности, но также и формирование новой правовой среды, в которой протекает развитие уже национального законодательства. Авторы показывают, что возникновение юридического образования исторически обусловлено интеллектуальной мобильностью, а следовательно, может реализовываться как источник привнесения культурного компонента в текущую среду социального типа и обеспечить ее устойчивость в будущем. Практическая значимость исследования определяется тем, что возможность обеспечения межкультурного компонента прежде всего формируется на основе применения правовых конструкций в условиях соблюдения законности в обществе в целом. The possibility of formation and development of education in the field of jurisprudence suggests that a lawyer as a professional can not only be limited to the jurisdiction in which he / she carries out his / her professional activity, but also act as a source of implementation of new legal structures in the legislation. These include innovations in the consolidation of property rights, in the field of family and labor relations, as well as the provisions on foreign policy implemented within the state itself. The novelty of the research is determined by the fact that legal education means not only the possibility for lawyers to carry out their professional activities, but also the formation of a new legal environment in which the development of national legislation takes place. The authors show that the emergence of legal education is historically conditioned by intellectual mobility, and therefore can be realized as a source of introducing a cultural component into the current social type environment and ensuring its stability in the future. The practical significance of the study is determined by the fact that the possibility of providing an intercultural component is primarily formed on the basis of the application of legal structures in conditions of compliance with the rule of law in society as a whole.
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Syahraini, Syahraini, Mai Simahatie, Prof Shabri Abdul Majid, Dr Rita Handayani und Dr Marliyah Marliyah. „REGULATORY ISSUES AND CHALLENGES: GLOBAL NORMS AND RELIGIOUS CONSTRAINTS“. International Journal of Economic, Business, Accounting, Agriculture Management and Sharia Administration (IJEBAS) 2, Nr. 1 (24.01.2022): 13–18. http://dx.doi.org/10.54443/ijebas.v2i1.137.

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Regulation is a balancing act. Different, often contradictory, goals – flexibility and consistency, freedom and strict controls, innovation and crisis-avoidance, consolidation and conflicts of interest, efficiency and consumer protection, openness and protection of national firms – must be applied in proper dosages by people familiar with the political and cultural environment. The audit systems and incentive structures must be flexible yet strict enough to allow innovation but prevent rogue operations. Before the disruptions of the 1970s, regulators performed a mostly technical task outside of the political limelight. In recent years however, virtually every country – including those with well-established regulatory authorities and traditions – has been rocked by banking crises. By October 1998, regulators worldwide were committed to the implementation of the 'Core Principles for Effective Banking Supervision' issued in 1997 by the Basle Committee. Similarly, as of March 1999, the 102 signatories of the December 1997 Free Trade in Financial Services Agreement (under the aegis of the World Trade Organization) were expected to liberalize their markets which is directed at literature research. In this case, The author takes two problems based on the description on the background problem. The formulation of the problem is How the Value of Islam in Islam The Era of Globalization and How Globalization Affects Religious Values Islam. The research methods include: the type of research Library Research is research through literature review or literature. The data sources in this study are primary data, namely books that directly discuss on the Effect of Globalization on Islamic Religious Values. Data analysis techniques used to get the conclusion is descriptive qualitative by drawing conclusions deductively, namely how to draw conclusions from the general to the specific. The author draws conclusions and suggestions that: the influence of globalization covers many aspects of life. However, that doesn't t mean we cannot provide an understanding of globalization that includes all symptoms the. Looking at the aspects of globalization above, we can conclude that globalization is nothing but the application of rational and scientific knowledge to all activities in all areas of life or to all aspects Public.
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Syahraini, Syahraini, Mai Simahatie, Shabri Abdul Majid, Rita Handayani und Marliyah Marliyah. „REGULATORY ISSUES AND CHALLENGES: GLOBAL NORMS AND RELIGIOUS CONSTRAINTS“. International Journal of Economic, Business, Accounting, Agriculture Management and Sharia Administration (IJEBAS) 2, Nr. 3 (30.06.2022): 413–18. http://dx.doi.org/10.54443/ijebas.v2i3.269.

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Regulation is a balancing act. Different, often contradictory, goals – flexibility and consistency, freedom and strict controls, innovation and crisis-avoidance, consolidation and conflicts of interest, efficiency and consumer protection, openness and protection of national firms – must be applied in proper dosages by people familiar with the political and cultural environment. The audit systems and incentive structures must be flexible yet strict enough to allow innovation but prevent rogue operations. Before the disruptions of the 1970s, regulators performed a mostly technical task outside of the political limelight. In recent years however, virtually every country – including those with well-established regulatory authorities and traditions – has been rocked by banking crises. By October 1998, regulators worldwide were committed to the implementation of the 'Core Principles for Effective Banking Supervision' issued in 1997 by the Basle Committee. Similarly, as of March 1999, the 102 signatories of the December 1997 Free Trade in Financial Services Agreement (under the aegis of the World Trade Organization) were expected to liberalize their markets which is directed at literature research. In this case, The author takes two problems based on the description on the background problem. The formulation of the problem is How the Value of Islam in Islam The Era of Globalization and How Globalization Affects Religious Values Islam. The research methods include: the type of research Library Research is research through literature review or literature. The data sources in this study are primary data, namely books that directly discuss on the Effect of Globalization on Islamic Religious Values. Data analysis techniques used to get the conclusion is descriptive qualitative by drawing conclusions deductively, namely how to draw conclusions from the general to the specific. The author draws conclusions and suggestions that: the influence of globalization covers many aspects of life. However, that doesn't t mean we cannot provide an understanding of globalization that includes all symptoms the. Looking at the aspects of globalization above, we can conclude that globalization is nothing but the application of rational and scientific knowledge to all activities in all areas of life or to all aspects Public.
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Bobrovnyk, S. V. „Judicial interpretation: features and practical significance“. INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, Nr. 12 (2021): 50–57. http://dx.doi.org/10.33663/2524-017x-2021-12-8.

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Reforming the main spheres of life of modern society causes a significant increase in the importance of law as a social value, a means of ensuring a compromise of social needs, interests and opportunities. Thus, the need for interpretation in law is due not only to the imperfection and ambiguity of the law itself, but also the essence of the right of implementation, which requires interpretation of the law. Violation of the rules of interpretation has serious consequences associated with the violation of human rights and freedoms. The difficulty of understanding the interpretation is related to such factors as: the complexity of the law itself and the sources of its manifestation; the complexity of the interpretation process, which includes clarification and clarification of norms; prevalence of interpretation at all stages of legal regulation; features of subjects of law performing interpretations; multifaceted purpose of interpretation; the prevalence of interpretation results. This makes it possible to argue that there are peculiarities of interpretation in relation to the type of legal activity. The process of interpretation also has its peculiarities in the activity of judges. Judicial interpretation can be defined as the intellectual and volitional activity of courts, based on professional knowledge, carried out in certain ways and using special methods to clarify the content of the applicable law; making a judicial decision; finding a compromise of different interests. Its necessity is determined by the general nature of legal norms; features of the external expression of legal norms; features of the language of law and the rules of presentation of legal norms in the text of the normative legal act; systematic legal requirements; a significant amount of regulatory material used; ambiguity of legal terminology and normative consolidation of several options of behavior, which are chosen by the subjects at their own discretion; conflict and inconsistency of regulatory material. An important aspect of the analysis of judicial interpretation is to clarify its features as a process of thinking. First,in the process of mental activity, the judge can not only find out the direct meaning of the norm, but also reveal its hidden meaning. We are talking about the ambiguity of the wording of legal norms, which directly affects their content. In this case, the judge chooses the meaning of the rule that most fully takes into account the circumstances of the case. Such a situation is possible in the absence of the content included in the norm, which is objectively caused by the practice of its application and the objective needs of society. Secondly, the judge’s mental activity takes place in the case of studying the case file, the evidence presented and the degree of validity of the decisions of the bodies conducting the pretrial investigation or the materials and evidence provided by the parties. Interpreting these documents, the judge chooses those that constitute the evidence base of the case and are sufficiently substantiated. Third, it is the choice of the necessary method of interpretation that corresponds to its purpose. It is important to understand the interpretation and concretization of the legal prescription in order to understand the content of the norm in the process of interpretation. As we know, concretization is the extension of an abstract norm to a certain case or subject. Concretization is the meaning of law enforcement. It is through the issuance of a judicial decision that a rule of law acquires a concretized meaning, extends to a certain situation or regulates the behavior of a certain individually determined subject. If the formal interpretation obliges the judge to clearly follow the text to be interpreted guided solely by the principle of legality, which can lead to an ill-considered, unjust decision, then a realistic way allows in the interpretation to apply the principles and ideas of morality, justice, which can increase the efficiency of judicial activity. Both of these approaches have positive and negative features. After all, if a judge is guided exclusively by the provisions of the law, then, on the one hand, he will ensure compliance with the rule of law and create conditions for improving the effectiveness of law and legal regulation and, on the other hand, he may not ensure fairness and compromise of conflicting interests. law-making in the conditions of dynamic development of social relations. Overcoming the negative aspects of judicial interpretation depends on a number of objective factors related to the quality of legislation, lack of political influence on justice, provision of judges with decent remuneration and working conditions, lack of pressure from higher courts, formation of respect for judicial activity by society. Of great importance in this process is the subjective factors related to the level of training of the judge, the presence of practical experience, his idea of justice, the level of awareness of the generalizations of judicial practice, its legal culture and legal awareness. These factors may affect the appropriate combination of factual and realistic interpretation of legal norms in the justice process. It is important to achieve the goal of interpretation, which can be interpreted with a certain opposite. After all, on the one hand, it consists in intellectually comprehending the will of the legislator and ensuring its concretization in the judicial decision, and on the other hand, this goal should be connected with ensuring justice of the law by taking into account the specifics of a particular case. The combination of these seemingly opposing aspects of the purpose can be ensured by the judge’s justified and appropriate choice of method and method of interpretation. The peculiarities of judicial interpretation are that a judge must not only know the law, but also be able to apply it; must choose the alternative provided by the legal act, which is appropriate and ensures the fairness of the decision; to overcome the double meaning of the legal requirement by intellectual and volitional activity and inner conviction; take into account the causal relationship of interpretation - decision – execution of the decision; adhere to the powers granted and the procedural requirements for their implementation; be aware of the importance of judicial interpretation not only for a particular decision, but also for judicial practice. Interpretation is an important prerequisite for the concretization of law, a means of ensuring its legitimacy and the fact of its high efficiency. In our opinion, interpretation in the process of concretization can take place: in the case of application of imperfect rules of legal technique, which has an incomplete wording and ends with a statement, etc., in other cases; in case of availability of evaluation categories that need clarification; in case of making changes, additions to the legal instruction or its cancellation; in case the judge clarifies the content of the norm in the process of judicial discretion. Keywords: law, law enforcement, interpretation, court interpretation, judicial decision.
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Nambiar, Bejoy, James Shaw, Dougal S. Hargreaves, Tim Colbourn, Ann McKillop, Nicolette Sheridan, Carolyn Steele Gray et al. „AbstractsUnderstanding the impact of a QI intervention on newborn mortality in 3 central districts in Malawi: a post-hoc theory-based evaluationAdvancing Implementation Science for Quality and Safety in Primary Health Care: The Integrated Care for Older Adults with Complex Health Needs Study (iCOACH)“. BMJ Quality & Safety 26, Nr. 5 (18.04.2017): 430–32. http://dx.doi.org/10.1136/bmjqs-2017-006696.

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IntroductionA recent WHO multi-country study on maternal and newborn health concluded that there was no evidence of an association between high coverage with essential interventions and reduced mortality in health care facilities, or improvement in other outcomes.1 According to Horton the missing ingredient in this relation is quality of care.2 Quality improvement in healthcare has adopted techniques mainly from industries such as manufacturing and has been used widely in Europe and US. However, evidence of success of these techniques in healthcare is not very conclusive, especially in low and middle-income countries. There have been limited efforts to critically analyse the techniques used in quality improvement interventions. One of the main challenges in evaluating quality improvement is the complexity of the interventions themselves and the complex nature of the systems in which they are implemented. Robust evidence regarding quality improvement interventions for resource poor settings is generally lacking.The MaiKhanda trial looked at the effect of QI interventions and community women's groups on maternal and newborn mortality in 3 central districts in Malawi.3 The impact evaluation measuring effect on newborn mortality for the QI interventions, using a cluster RCT approach, remained inconclusive. We use a Theory-Based Evaluation (TBE) approach to understand why improvement interventions undertaken by MaiKhanda for new-born care did not show an effect. Absence of effect could be attributed to a failure of theory, a failure of implementation, an evaluation failure or a combination of these.Our primary objective was to understand the mechanisms by which the QI interventions worked (or not) and explore the interaction between the various factors that mediated the lack of effect on neonatal mortality that was observed in the cluster randomized control trial.MethodsOur research strategy consisted of developing a post-hoc Theory of Change, consolidating and synthesizing all the available evidence using an appropriate framework, and analysing the program and implementation theory using theory based approaches to evaluation.Data synthesis was conducted using the Consolidate Framework for Implementation Research (CFIR).4 The synthesis takes into consideration the various reports and documents accumulated through the life of the project and complements the process evaluation studies conducted during the same period. In doing so, it draws a picture of the intervention with a multi-dimensional perspective, which provides insights into the evolution of the project. The framework is very comprehensive covering 5 major domains and a range of constructs, not all of which were included in our study. As this was post-hoc analysis, the choice of constructs was based on the availability of data rather than prioritizing the key constructs to consider.CFIR helps to produce structured and comprehensive data that is then used for analysing the program theory in relation to the intervention outcome. The program theory thus generated for the MaiKhanda intervention is compared with the program theories of the Michigan Keystone Project, which used similar collaborative methods to successfully reduce their central venous line blood stream infections in 106 participating ICUs.5 The rationale for such a comparison is that while the interventions per se are very unique and specific to their context, the program theories underlying the use of collaborative methods in both the interventions is the same and therefore comparable. Theories offer a higher level of abstraction that can be comparable across different settings.6 ResultsThe key finding from analysis of the program theory is that similar intervention strategies that triggered successful mechanisms for improvement in the Keystone Project failed to generate such mechanisms in MaiKhanda project.The Model for Improvement used in MaiKhanda was built around Deming's improvement theory7 and Roger's diffusion of innovation theory.8 The former theory considers improvement as a product of subject matter knowledge and profound knowledge. Subject matter knowledge on essential and emergency newborn care was generally lacking among health care providers in Malawi. Similarly, understanding variations within the health systems is an acquired skill. While the implementing partners, provided ample opportunities for the Malawian health system to learn the Institute for Healthcare Improvement (IHI) model for improvement, in general, QI teams lacked capacity to collate data and analyse the variations between the health facilities. QI was a fairly new concept in Malawi and MaiKhanda's attempts to embed it within existing health system was limited by challenges of the health systems context, MaiKhanda's own organizational transition and QI and clinical capacity of health care providers.The main challenge for MaiKhanda was to simultaneously implement and sustain the various change packages it had introduced in the different facilities. While there were isolated instances of successful intervention activities within MaiKhanda, it did not build enough momentum to generate mechanisms across a critical mass of the facilities that would eventually result in improved newborn outcomes. This can be attributed to the implementation strength, context and complexity of MaiKhanda's interventions. This is explored further using the implementation theory.Implementation was based on diffusion theories where better performing facilities were to act as role models for other facilities to emulate. The cRCT design for measuring impact evaluation required a random allocation of the improvement facilities and this conflicted with innovation diffusion theories, which prescribed a gradual organic spread of the interventions by strategically engaging the innovators and early adapters.Limitations of the evaluation design notwithstanding, the implementation strength characterized by the dose, duration, intensity and specificity of the intervention was sub-optimal.Implementation strength is not the only factor triggering an intervention mechanism and cannot be measured independent of the intervention complexity or the intervention context. For example, MaiKhanda struggled to show an effect of its interventions, despite having a long pre-intervention period to refine its interventions, while the Michigan study produced results within 18 month period. This could be because of other factors related to intervention complexity such as the long implementation chain for intervention delivery, the subjective perception of the agency (QI teams) regarding QI and contextual factors such as organizational readiness, the health systems context, QI team capacity to deliver QI interventions and MaiKhanda's own internal capacity.Human agency is at the heart of implementation and the intervention required a continuous and prolonged time and effort, than was anticipated, to engage and train the health facility QI teams on the improvement model.One of the key factors affecting the uptake of strategies was MaiKhanda's positioning within the health system and the degree of influence it could exert on other actors. This factor has a significant role to play in country where projects are donor supported and perhaps also donor driven. The period of the intervention also saw MaiKhanda going through a period of rapid organizational transition, which affected intervention implementation on the ground. Furthermore, MaiKhanda's own understanding of QI concepts was evolving gradually and this coupled with its long implementation chain, influenced the subjective understanding of the QI teams regarding QI concepts. Health facility staff also lacked the necessary skills and knowledge related to management of newborn health.Limited resources within the health facilities meant that gains achieved in some aspects of the intervention could not be sustained in the long run. External contextual factors such as fuel shortages contributed to poor implementation. Changes in policy such as government ban on TBAs, affected intervention uptake and resulted in an increase in health facility deliveries, overwhelming the already under-resourced staff capacity in the health facilities. It is conceivable that quality improvement was not on top of their priority list. But, ‘motivation’ to be involved in QI Collaboratives remained high. In resource constrained settings, ‘motivation’ can be influenced by the lure of personal incentives (such as per diems for attending workshops and meetings) as much as individual's commitment to broader social gains (ie reduction in newborn case fatality rates in their facility). The improvement model was competing against other existing models and it was difficult to get enough stakeholder commitment to the prescribed model as there were huge expectations fuelled by the poverty and poor governance structures and a culture of “perdiemitis” was prevalent in Malawian health care system.9 DiscussionAs is evident from the study, a single research method will not be able to provide justice to evaluation of a complex set of factors that influence newborn outcomes. We propose a research strategy that includes developing a Theory of Change, followed by evaluation of the program theory, measuring implementation strength, analysing implementation theory and comparing this in relation to the outcomes of the intervention observed through the impact evaluation. The results arising from such a comprehensive evaluation will contribute to the growth of improvement science with the accumulation of knowledge and explanation rather than being just a bedrock of observational facts.More generally, we propose that design, implementation and evaluation of QI activities, particularly in resource-poor settings, should consider five key principles i.e it should include whole systems thinking, accountability, participatory approach, should be evidence-based and adapt innovative methods.10
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Michał Porowski. „Społeczne inicjatywy na rzecz więźniów“. Archives of Criminology, Nr. XVIII (19.08.1992): 51–101. http://dx.doi.org/10.7420/ak1992b.

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Assistance to persons released from prison is considered an indispensable stage of the process of carrying out the penalty of imprisonment. The authors engaged in that subject agree as to the role of postpenitentiary assistance in reduction of relapse into crime and its connection with social readjustment of offenders. In my opinion, that approach is insufficient for a full justification of the actual sense of assistance rendered to persons on release from prison. Pragmatic researchers treat the slogan of helping prisoners as obvious and focus on the related legal and organizational problems. Lacking strict criteria of appraisal, the analysis of legal solutions resolves itself usually into approving comments and to attributing the indolent functioning of the assisting agencies to sluggishness of the actual care providers. The suggested conceptions of improvement of the after-care resolve themselves into improvement of the existing institutional and legal solutions and corrections of their model which remains the same all the time despite the fact that a succession of its versions have proved inefficient in practice. Taking the subject up, I adopted an entirely different approach and method of research. I assumed that all assistance can only be successful if those involved in it are genuinely motivated to that activity. Even if the norm „help the prisoners” is an element of the system of moral directives recognized in our culture, this fact alone by no means determines in advance the actual range and validity of that norm. Like all moral values, also this one is valid with different force, to a different extent and has a different range for different people. For some, it is a postulate that needs to be fulfilled which they experience as a moral obligation; for others, it is a criterion of axiological orientation. This implies the different ways of their functioning. As shown by analysis of empirical studies, the norm demanding that prisoners should be helped is not too deeply rooted in social consciousness. It has failed to win general acceptance even at the verbal level, and the readiness to fulfill it through a person’s own activity can be found but occasionally; in such cases, it is motivated situationally rather than by axi axiological experiences. The reason is probably that a moral appraisal of the object of assistance (an imprisoned offender) is transmitted to the appraisal of the duty to fulfill a norm. Instead of deciding whether help is at all necessary, we want to know if the person in need of help deserves to be helped. In so doing, we forget that all those objectively in need of help are worth being helped; we condition our decision as to rendering help upon the actualreason of a person’s helplessness, or more strictly speaking, upon the rank on the moral scale of the acts that made that person helpless. In this situation, what becomes a signicificent factor that has a beartng on the discussed norm is the perception of un offender as a dewiant of a definite type. An offender is usually perceived through a stereotype: a specific conglomerate of simplified and mainly unfounded beliefs. Yet that very stereotype functions as a standard basing on which the actual way of conduct is chosen. Therefore, I tried to define the stereotype of an impriosoned offender that functions in social consciousness and in consciousness of professionals involved in the work with prisoners. I also tried to diagnose the psychosocial mechanism that result in the formation and consolidation of that stereotype. Which social groups and individuals tend to consider the postulate of assistance to prisoners as a norm that they themselves should follow, or at least which such groups and individuals have the strongest motivation to respond to that call? Of the many hypotheses about the origin of prosocial behaviour (and of course of helping which is a form of that behaviour), let us first consider the one which states that prosocial behaviour results from the structure of ,,ego” and the parallel observation that another person at a disadvantage is similar to oneself in some respect. That similarity may concern both the bodily and spiritual structure and all the other components of one’s self-image. Thus diagnosed, the similarity releases or at least catalyzes the readiness to prosocial behaviour. Basing on this hypothesis, it should be assumed that ex-offenders, ex-convicts, or generally speaking, persons affected by imprisonment are particularly likely to recognize that norm, and further, that the motivation to help prisoners growth with a reduced distance between the offender and the cultural circles that approximate him with respect to mentality and custom. Considering this hypothesis, we come across still another dependence: the actual condemnation of an offender depends on the degree of acceptance of the normative system which that offender has infringed. The discrepancy between values protected by law and the individual or group preferences results in a change in attitudes. A person convicted by force of a disapproved law is perceived as a victim and not an enemy. The offender thus meets with fellow-felling, and the authors and executors of the disapproved law, with resentment. This dependence, cannot be limited to the subcultural negation of law that is characteristic of criminal circles. It follows from the division of the bulk of crime into mala per se and mala prohibita. After all, stigmatization takes a different, course in the case of an obvious evil vs. one that is simply considered evil by law which cites reasons that are by no means necessarily either obvious or good, or which is directed against an interest that is not perceived in accordance with the official standpoint. Prohibitions lacking the proper axiological foundation proliferate with the instrumental treatment of penal law, reduced to the role of political tool; in such situations, all public activity of any importance whatever is usually subordinated to politics. What significantly differentiates the extent to which the norms that concern helping others are perceived as valid are the emotional and social bonds (e.g. fomily ties). From the psychological viewpoint, they constitute a particularly active and natural stimulator of motivations, one that defines the actual circle of the most involve addressees of the norn. In this case, the one who helps is not only personally interested in the fates of the one who gets help, but also acts for his own good rendering that help. The social situation resulting from imprisonment of a family member gives rise to special problems in the legal, economic and social sphere. Quite obviously, the other members of that family should be allowed to participate in the solution of those problems which are also their own. We have therefore distinguished the groups that are willing, as can be expected, to adopt the norm of helping prisoners and to act accordingly. Of course, we deal here with a selective range of that norm’s validity which is subject to a double limitation: not everybody is willing to help prisoners, and that readiness does not concern all prisoners. This follows from the contents of the discussed hypothesis which after all assumes the similarity of partners in interaction as the necessary condition of emergence of motivation. The fact that a person considers a definite behaviour his/her duty may as well result from that person’s internalization of certain moral norms or ideals that can only be fulfilled through such behaviour (the love of one’s fellow man, brotherhood, general kidness). What is released here, as opposed to the hypothesis discussed above, is a general sense of duty not related to any definite person or situation but directed at all those in need of help. The group of thus motivated person includes possible addressees of the norm helping prisoners. With ages, the social practice formed a variety of forms of orginization of those who treat assistance to prisoners as a moral norm. Concerned here are initiatives based initially on the model of charity and constituting part of the general charitable activities. In the l9th century, they developed into specialized patronage societies which in turn acquired, and preserved till the present day in the world, the status of an indispensable element of the rational prison system. The Polish model of society’s participation in the execution of the sentence of imprisonment eliminated all the above-mentioned subjects from any activities whatever on behalf of prisoners. Finding this situation irrational, I tried to investigate its causes and to disclose the motives of those who had made it that way. Depending upon the object that serves as the system of reference for prosocial behaviour, that behaviour can be divided into allocentric and sociocentric. The allocentric behaviour is activity undertaken for reason of another person’s interests, i. e. aimed at securing the best possible functioning, protection, or development of that person. If, instead, the subject acts on behalf of an institutional or group, that is if the addressee of his/her action is a definite social arrangement, we deal with the sociocentric prosocial behaviour. This latter motivation was adopted in Poland as the basis for designing the institutional structures charged with the task of helping prisoners. Namely, after-care was inserted in that particular segment of criminal policy which is called in the legal language ,,participation of the community in crime prevention and control”. The term community used here expresses the principle of joint action. The whole means a specific kind of participation aimed at assisting the police, courts, and prison administration. As opposed to voluntary associations of those interested in helping prisoners and to patronage societies, such institutions are organized from without, follow the orders of State administration, base membership on the principle of delegation or nomination, are organizationally included in the system of State agencies whose activities they supplement within their imposed competences, and are fully controlled by those agencies. Thus organized, the voluntary forces are used to support the machine involved in carrying out penalties; they become advocates of the so-called social interest and executors of the official State policy. The main conclusion that follows from the present study resolves itself into a postulate for a reform which would make it possible also, and perhaps in particular, for those with the allocentric motivation to become engaged in helping prisoners.
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Rani, Vaneeta. „Tax Reforms in India since 1991: An Overview“. VISION : Journal of Indian Taxation 1, Nr. 1 (30.06.2014). http://dx.doi.org/10.17492/vision.v1i1.2413.

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When the Indian economy faced an unprecedented macroeconomic crisis in 1991, fiscal consolidation constituted a major objective of the policy response. For this purpose, it became necessary to: (a) enhance tax and non-tax revenue, (b) curtail current expenditure growth, (c) restructure public sector undertakings, including disinvestment, (d) improve fiscal-monetary co-ordination, and (e) deregulate financial system. The need for improvements in budgetary practices led to the enactment of the Fiscal Responsibility and Budget Management (FRBM) Act, 2003 which ushered the Indian economy in an era of fiscal consolidation based on fiscal policy rules. Tax reforms introduced by the Government since 1991 have helped to build a structure which is simple, relies on moderate tax rates but with a wider base and better enforcement. Moreover, they have helped in correcting structural imbalances in the tax system. They are soft on industry with a view to create new investment climate and make India internationally competitive. By lowering the tax rates, the Government expects speedy industrial development and hence buoyancy in tax revenues. The country is keenly awaiting implementation of Direct Taxes Code (DTC) and National Level Goods and Services Tax (GST). GST is India’s most ambitious indirect tax reform. Lack of political consensus is holding up progress and implementation of GST. This paper gives a vivid account of recent reforms in the Indian tax system as a part of the on-going policy of liberalization and globalization of the Indian economy.
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Sirenko, Olena. „TAX OFFENSES: THE ESSENCE AND CLASSIFICATION FEATURES“. Market Infrastructure, Nr. 53 (2021). http://dx.doi.org/10.32843/infrastruct53-30.

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An analysis of the operational situation in the field of paying taxes and carrying out entrepreneurial activity indicates that tax crime reaches a qualitatively new level, turning into one of the main threats to the state economic security, since it is the economic basis for the existence of organized criminal groups. Such offenses are massive and organized. Any activity of business entities is related to the payment of taxes. The duty of subjects, as taxpayers, is to calculate, declare and pay the amount of tax and due within the established time frame. The article summarizes the main elements of tax debt: tax accounting and payment of taxes and fees. The article summarizes scientific approaches to defining the essence of the concept of "tax offenses". It has been established that the following signs are inherent in the tax offenses: the presence of financial and legal responsibility for violation of tax legislation; social harm, which is expressed in the violation of subjective rights and legal obligations or obstruction of their implementation. The essence of the concept of "social harm" also consists in the ability to threaten with causing socially harmful consequences or their assignment to objects of financial and legal or tax and legal protection. Not every act can be recognized as a tax offense, entailing socially harmful consequences in the field of tax discipline protection, but only an act that violates the norms of tax legislation that establish tax obligations and prohibitions. Only acts that entail the occurrence of guilt should be recognized as a tax offense. This issue requires detailed scientific research in order to formulate a “model of guilt” that will be suitable for further consolidation in tax legislation. Punishments are applied to acts that are characterized by all the signs of a tax offense. Measures of financial and legal responsibility are provided for these actions in tax legislation. The article summarizes scientific approaches to the definition of the classification signs of tax offenses and their types. The types of liability (administrative and financial) have been systematized according to the main types of tax offenses.
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Romagni, Ludovico, und Simone Porfiri. „Knowledge action vs. creative action: Devices of contrast between old and new in the architectural heritage recovery project“. Frontiers in Built Environment 9 (03.04.2023). http://dx.doi.org/10.3389/fbuil.2023.1167523.

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In a Casabella editorial from a few years ago, dedicated to the recovery of existing architectural heritage, Francesco Dal Co defined restorers as a corporation that considers itself the exclusive custodian of the knowledge, capable of scientifically resolving the conflicts that each restoration operation involves. Today, the perception is that restorers practice a profession different from that of architects: more than 20 years ago: Manfredo Tafuri noted that it was possible to observe a tendency toward the separation between restoration and conservation. Although the shared idea is that architecture is the result of successive modifications and never offers a stable image, the action of alteration of the built, especially the historicized one, takes place by appealing only to the scientific nature of a rigorous method that mortifies the creative act by losing the poetic root of our discipline. This type of conviction has led the discipline of architectural restoration through the tendency to make the cognitive phase coincide with the creative phase, in which the work itself suggests the design act. The project does not alter the image of the place or of the historicized asset but activates a process of crystallization of the existing, which proclaims conservation action as the only possible way: a heroic act of resistance. In the current urban scenario characterized by the “built paradigm,” the new seems to be conceived exclusively as a derivation of the existing. Augè defined the contemporary city as an immense ruin (“city worksite”) in which the unfinished and abandoned fragments of new constructions coexist with the ruins of the city of history and the ruins of the modern city. For these reasons, does it still make sense to distinguish the restoration project of a building from the project of a building? The contribution proposes a field of research that aims at the rapprochement between two disciplinary fields, architectural design and restoration, where the poetic root of the project returns to dialogue with the cognitive action on the asset and the application of scientific criteria for the consolidation and restoration of the elements.
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Pažitka, Vladimír, David Bassens, Michiel van Meeteren und Dariusz Wójcik. „The advanced producer services complex as an obligatory passage point: Evidence from rent extraction by investment banks“. Competition & Change, 20.02.2021, 102452942199225. http://dx.doi.org/10.1177/1024529421992253.

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Advanced producer services have long been theorized as pivotal in organizing the global economy. Finance takes centre stage in the advanced producer services complex as orchestrator of global flows, particularly in underwriting investment and evaluating corporate performance. The ascent of financialized globalization raises the suspicion that key advanced producer services act as rent-extracting ‘obligatory passage points’ in the orchestration of global financial flows. Competition within the financial sector is contentious given the sustained profits by globally connected banks operating in concentrated markets. Investment banks and other advanced producer services play key roles in underwriting of securities, raising questions whether underwriting is a competitive process. This paper interrogates the microeconomic foundations for the role of investment banks in investment chains to shed light on their rent extraction practices. Using a sample of 2940 initial public offerings for the USA, Canada, and Europe in the 1998–2017 period, we examine the structure of fees charged by investment banks for underwriting of equity securities. Our results are consistent with the proposition that investment banks with more market power and stronger network ties with institutional investors utilize their dominant position in the marketplace to extract rents from both issuers and institutional investors. Taken together, at times of spatial and sectoral consolidation, these results show compelling evidence for the status of investment banks and by extension the wider advanced producer services complex as obligatory passage points under financialized globalization.
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Siapera, Eugenia. „Alt Tech and the public sphere: Exploring Bitchute as a political media infrastructure“. European Journal of Communication, 24.07.2023. http://dx.doi.org/10.1177/02673231231189041.

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The article explores Bitchute, a video-hosting platform associated with the Far/Alt Right, with the aim of understanding how it reconfigures political communication and the digital public sphere. Methodologically, the article employs the walkthrough method and non-participant observation to identify the main features and functionalities offered to users. These include a set of values that prioritise creators, an algorithmic organisation that keeps users engaged with a single creator channel rather than with the same topic across channels; and embedded buttons for tips and pledges for creators enabling them to directly monetise their content. The content posted on Bitchute tends to coalesce around politicised cultural issues. It is noteworthy that although Bitchute hosts some advertising, it does not use data for microtargeting and in general makes limited use of user data. We interpret these findings as suggesting that Bitchute constitutes a media infrastructure that encourages, incentivises and sustains microcelebrities of the Far/Alt Right, who act as ideology entrepreneurs. Bitchute can therefore be seen as an infrastructure for the multiplication/sustenance of ideological entrepreneurs/political influencers who vie for the attention and money of far-right publics. If we can speak of a structural transformation of the public sphere associated with Alt Tech, our discussion of Bitchute suggests that this takes the form of a political media infrastructure that enables the continued existence and consolidation of a new type of political actor, the ideology entrepreneur.
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Levy, Lior. „Peer Gynt and Oedipus: Ibsen on Hegel's Precursors of Modernity“. Hegel Bulletin, 28.07.2021, 1–23. http://dx.doi.org/10.1017/hgl.2021.11.

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Abstract G. W. F. Hegel sees Oedipus as an epitome of the philosophical quest for self-knowledge. In Hegel's readings of Oedipus, the latter becomes a distant reflection of the modern and mature Hegelian self, who consciously takes on this quest. Yet unlike Oedipus, whose search for the truth about his past is characterized by both metaphorical and literal blindness, the modern self knows itself, precisely because it understands its past and can thus appropriate and situate itself in relation to the present. For Hegel, self-understanding entails grasping the proper relationship between past and present, which in turn necessitates acknowledging his own relationship to Oedipus. This essay examines Henrik Ibsen's turn to the Hegelian engagement with the past (Oedipus being one crucial moment in the Hegelian story of the history of self-consciousness), by focusing on one of the most enigmatic scenes in his 1866 drama, Peer Gynt, where the Norwegian protagonist is cast as Oedipus. The scene examines the drama's own past—through an engagement with a dramatic ancestor—and focuses on the influence of the past on fashioning modern European identity. Moreover, it offers a critique of how the past is utilized in the creation and consolidation of that identity. With this, Ibsen offers an implicit critique of Hegel's understanding of Oedipus, and his encounter with the Sphinx in particular. Revisiting Oedipus through its modern reception, Ibsen questions the act by which the past is revealed as such and is put to work in the service of a particular present.
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Mules, Warwick. „A Remarkable Disappearing Act“. M/C Journal 4, Nr. 4 (01.08.2001). http://dx.doi.org/10.5204/mcj.1920.

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Creators and Creation Creation is a troubling word today, because it suggests an impossible act, indeed a miracle: the formation of something out of nothing. Today we no longer believe in miracles, yet we see all around us myriad acts which we routinely define as creative. Here, I am not referring to the artistic performances and works of gifted individuals, which have their own genealogy of creativity in the lineages of Western art. Rather, I am referring to the small, personal events that we see within the mediated spaces of the everyday (on the television screen, in magazines and newspapers) where lives are suddenly changed for the better through the consumption of products designed to fulfil our personal desires. In this paper, I want to explore the implications of thinking about everyday creativity as a modern cultural form. I want to suggest that not only is such an impossible possibility possible, but that its meaning has been at the centre of the desire to name, to gain status from, and to market the products of modern industrialisation. Furthermore I want to suggest that beyond any question of marketing rhetoric, we need to attend to this desire as the ghost of a certain kind of immanence which has haunted modernity and its projects from the very beginning, linking the great thoughts of modern philosophy with the lowliest products of modern life. Immanence, Purity and the Cogito In Descartes' famous Discourse on Method, the author-narrator (let's call him Descartes) recounts how he came about the idea of the thinking self or cogito, as the foundation of worldly knowledge: And so because sometimes our senses deceive us, I made up my mind to suppose that they always did. . . . I resolved to pretend that everything that had ever entered my mind was as false as the figments of my dreams. But then as I strove to think of everything false, I realized that, in the very act of thinking everything false, I was aware of myself as something real. (60-61) These well known lines are, of course, the beginnings of a remarkable philosophical enterprise, reaching forward to Husserl and beyond, in which the external world is bracketed, all the better to know it in the name of reason. Through an act of pretence ("I resolved to pretend"), Descartes disavows the external world as the source of certain knowledge, and, turning to the only thing left: the thought of himself—"I was aware of myself as something real"—makes his famous declaration, "I think therefore I am". But what precisely characterises this thinking being, destined to become the cogito of all modernity? Is it purely this act of self-reflection?: Then, from reflecting on the fact that I had doubts, and that consequently my existence was not wholly perfect, it occurred to me to enquire how I learned to think of something more perfect than myself, and it became evident to me that it must be through some nature which was in fact more perfect. (62) Descartes has another thought that "occurred to me" almost at the same moment that he becomes aware of his own thinking self. This second thought makes him aware that the cogito is not complete, requiring yet a further thought, that of a perfection drawn from something "more perfect than myself". The creation of the cogito does not occur, as we might have first surmised, within its own space of self-reflection, but becomes lodged within what might be called, following Deleuze and Guattari, a "plane of immanence" coming from the outside: "The plane of immanence is . . . an outside more distant than any external world because it is an inside deeper than any internal world: it is immanence" (59). Here we are left with a puzzling question: what of this immanence that made him aware of his own imperfection at the very moment of the cogito's inception? Can this immanence be explained away by Descartes' appeal to God as a state of perfection? Or is it the very material upon which the cogito is brought into existence, shaping it towards perfection? We are forced to admit that, irrespective of the source of this perfection, the cogito requires something from the outside which, paradoxically, is already on the inside, in order to create itself as a pure form. Following the contours of Descartes' own writing, we cannot account for modernity purely in terms of self-reflection, if, in the very act of its self-creation, the modern subject is shot through with immanence that comes from the outside. Rather what we must do is describe the various forms this immanence takes. Although there is no necessary link between immanence and perfection (that is, one does not logically depend on the other as its necessary cause) their articulation nevertheless produces something (the cogito for instance). Furthermore, this something is always characterised as a creation. In its modern form, creation is a form of immanence within materiality—a virtualisation of material actuality, that produces idealised states, such as God, freedom, reason, uniqueness, originality, love and perfection. As Bruno Latour has argued, the "modern critical stance" creates unique, pure objects, by purging the material "networks" from which they are formed, of their impurities (11-12). Immanence is characterised by a process of sifting and purification which brings modern objects into existence: "the plane of immanence . . . acts like a sieve" (Deleuze and Guattari 42). The nation, the state, the family, the autonomous subject, and the work of art—all of these are modern when their 'material' is purged of impurities by an immanence that 'comes from the outside' yet is somehow intrinsic to the material itself. As Zygmunt Bauman points out, the modern nation exists by virtue of a capacity to convert strangers into citizens; by purging itself of impurities inhabiting it from within but coming from the outside (63). The modern work of art is created by purging itself of the vulgarities and impurities of everyday life (Berman 30); by reducing its contingent and coincidental elements to a geometrical, punctual or serialised form. The modern nuclear family is created by converting the community-based connections between relatives and friends into a single, internally consistent self-reproducing organism. All of these examples require us to think of creativity as an act which brings something new into existence from within a material base that must be purged and disavowed, but which, simultaneously, must also be retained as its point of departure that it never really leaves. Immanence should not be equated with essence, if by essence we mean a substratum of materiality inherent in things; a quality or quiddity to which all things can be reduced. Rather, immanence is the process whereby things appear as they are to others, thereby forming themselves into 'objects' with certain identifiable characteristics. Immanence draws the 'I' and the 'we' into relations of subjectivity to the objects thus produced. Immanence is not in things; it is the thing's condition of objectivity in a material, spatial and temporal sense; its 'becoming object' before it can be 'perceived' by a subject. As Merleau-Ponty has beautifully argued, seeing as a bodily effect necessarily comes before perception as an inner ownership (Merleau-Ponty 3-14). Since immanence always comes from elsewhere, no intensive scrutiny of the object in itself will bring it to light. But since immanence is already inside the object from the moment of its inception, no amount of examination of its contextual conditions—the social, cultural, economic, institutional and authorial conditions under which the object was created—will bring us any closer to it. Rather, immanence can only be 'seen' (if this is the right word) in terms of the objects it creates. We should stop seeking immanence as a characteristic of objects considered in themselves, and rather see it in terms of a virtual field or plane, in which objects appear, positioned in a transversally related way. This field does not exist transcendentally to the objects, like some overarching principle of order, but as a radically exteriorised stratum of 'immaterial materiality' with a specific image-content, capable of linking objects together as a series of creations, all with the stamp of their own originality, individuality and uniqueness, yet all bound together by a common set of image relations (Deleuze 34-35). If, as Foucault argues, modern objects emerge in a "field of exteriority"—a complex web of discursive interrelations, with contingent rather than necessary connections to one another (Foucault 45)—then it should be possible to map the connections between these objects in terms of the "schema of correspondence" (74) detected in the multiplicities thrown up by the regularities of modern production and consumption. Commodities and Created Objects We can extend the idea of creation to include not only aesthetic acts and their objects, but also the commodity-products of modern industrialisation. Let's begin by plunging straight into the archive, where we might find traces of these small modern miracles. An illustrated advertisement for 'Hudson's Extract of Soap' appeared in the Illustrated Sydney News, on Saturday February 22nd, 1888. The illustration shows a young woman with a washing basket under her arm, standing beside a sign posted to a wall, which reads 'Remarkable Disappearance of all Dirt from Everything by using Hudson's Extract of Soap' (see Figure 1). The woman has her head turned towards the poster, as if reading it. Beneath these words, is another set of words offering a reward: 'Reward !!! Purity, Health, Perfection, Satisfaction. By its regular daily use'. Here we are confronted with a remarkable proposition: soap does not make things clean, rather it makes dirt disappear. Soap purifies things by making their impurities disappear. The claim made applies to 'everything', drawing attention to a desire for a certain state of perfection, exemplified by the pure body, cleansed of dirt and filth. The pure exists in potentia as a perfect state of being, realised by the purgation of impurities. Fig 1: Hudson's Soap. Illustrated Sydney News, on Saturday February 22nd, 1888 Here we might be tempted to trace the motivation of this advertisement to a concern in the nineteenth century for a morally purged, purified body, regulated according to bourgeois values of health, respectability and decorum. As Catherine Gallagher has pointed out, the body in the nineteenth century was at the centre of a sick society requiring "constant flushing, draining, and excising of various deleterious elements" (Gallagher 90). But this is only half the story. The advertisement offers a certain image of purity; an image which exceeds the immediate rhetorical force associated with selling a product, one which cannot be simply reduced to its contexts of use. The image of perfection in the Hudson's soap advertisement belongs to a network of images spread across a far-flung field; a network in which we can 'see' perfection as a material immanence embodied in things. In modernity, commodities are created objects par excellence, which, in their very ordinariness, bear with them an immanence, binding consumers together into consumer formations. Each act of consumption is not simply driven by necessity and need, but by a desire for self-transformation, embodied in the commodity itself. Indeed, self-transformation becomes one of the main creative processes in what Marshal Berman has identified as the "third" phase of modernity, where, paraphrasing Nietzsche, "modern mankind found itself in the midst of a great absence and emptiness of values and yet, at the same time, a remarkable abundance of possibilities" (Berman 21). Commodification shifts human desire away from the thought of the other as a transcendental reality remote from the senses, and onto a future oriented material plane, in which the self is capable of becoming an other in a tangible, specific way (Massumi 35 ff.). By the end of the nineteenth century, commodities had become associated with scenarios of self-transformation embedded in human desire, which then began to shape the needs of society itself. Consumer formations are not autonomous realms; they are transversally located within and across social strata. This is because commodities bear with them an immanence which always exceeds their context of production and consumption, spreading across vast cultural terrains. An individual consumer is thus subject to two forces: the force of production that positions her within the social strata as a member of a class or social grouping, and the force of consumption that draws her away from, or indeed, further into a social positioning. While the consumption of commodities remained bound to ideologies relating to the formation of class in terms of a bourgeois moral order, as it was in Britain, America and Europe throughout the nineteenth century, then the discontinuity between social strata and cultural formation was felt in terms of the possibility of self-transformation by moving up a class. In the nineteenth century, working class families flocked to the new photographic studios to have their portraits taken, emulating the frozen moral rectitude of the ideal bourgeois type, or scrimped and saved to purchase parlour pianos and other such cultural paraphernalia, thereby signalling a certain kind of leisured freedom from the grind of work (Sekula 8). But when the desire for self-transformation starts to outstrip the ideological closure of class; that is, when the 'reality' of commodities starts to overwhelm the social reality of those who make them, then desire itself takes on an autonomy, which can then be attached to multiple images of the other, expressed in imaginary scenarios of escape, freedom, success and hyper-experience. This kind of free-floating desire has now become a major trigger for transformations in consumer formations, linked to visual technologies where images behave like quasi-autonomous beings. The emergence of these images can be traced back at least to the mid-nineteenth century where products of industrialisation were transformed into commodities freely available as spectacles within the public spaces of exhibitions and in mass advertising in the press, for instance in the Great Exhibition of 1851 held at London's Crystal Palace (Richards 28 ff.) Here we see the beginnings of a new kind of object-image dislocated from the utility of the product, with its own exchange value and logic of dispersal. Bataille's notion of symbolic exchange can help explain the logic of dispersal inherent in commodities. For Bataille, capitalism involves both production utility and sumptuary expenditure, where the latter is not simply a calculated version of the former (Bataille 120 ff.) Sumptuary expenditure is a discharge of an excess, and not a drawing in of demand to match the needs of supply. Consumption thus has a certain 'uncontrolled' element embedded in it, which always moves beyond the machinations of market logic. Under these conditions, the commodity image always exceeds production and use, taking on a life of its own, charged with desire. In the late nineteenth century, the convergence of photography and cartes-de-visites released a certain scopophilic desire in the form of postcard pornography, which eventually migrated to the modern forms of advertising and public visual imagery that we see today. According to Suren Lalvani, the "onset of scopophilia" in modern society is directly attributable to the convergence of photographic technology and erotic display in the nineteenth century (Lalvani). In modern consumer cultures, desire does not lag behind need, but enters into the cycle of production and consumption from the outside, where it becomes its driving force. In this way, modern consumer cultures transform themselves by ecstasis (literally, by standing outside oneself) when the body becomes virtualised into its other. Here, the desire for self-transformation embodied in the act of consumption intertwines with, and eventually redefines, the social positioning of the subject. Indeed the 'laws' of capital and labour where each person or family group is assigned a place and regime of duties, are constantly undone and redefined by the superfluity of consumption, gradually gathering pace throughout the nineteenth and twentieth centuries. These tremendous changes operating throughout all capitalist consumer cultures for some time, do not occur in a calculated way, as if controlled by the forces of production alone. Rather, they occur through myriad acts of self-transformation, operating transversally, linking consumer to consumer within what I have defined earlier as a field of immanence. Here, the laws of supply and demand are inadequate to predict the logic of this operation; they only describe the effects of consumption after desire has been spent. Or, to put this another way, they misread desire as need, thereby transcribing the primary force of consumption into a secondary component of the production/labour cycle. This error is made by Humphrey McQueen in his recent book The Essence of Capitalism: the origins of our future (2001). In chapter 8, McQueen examines the logic of the consumer market through a critique of the marketeer's own notion of desire, embodied in the "sovereign consumer", making rational choices. Here desire is reduced back to a question of calculated demand, situated within the production/consumption cycle. McQueen leaves himself no room to manoeuvre outside this cycle; there is no way to see beyond the capitalist cycle of supply/demand which accelerates across ever-increasing horizons. To avoid this error, desire needs to be seen as immanent to the production/consumption cycle; as produced by it, yet superfluous to its operations. We need therefore to situate ourselves not on the side of production, but in the superfluity of consumption in order to recognise the transformational triggers that characterise modern consumer cultures, and their effects on the social order. In order to understand the creative impulse in modernity today, we need to come to grips with the mystery of consumption, where the thing consumed operates on the consumer in both a material and an immaterial way. This mystification of the commodity was, of course, well noted by Marx: A commodity is . . . a mysterious thing, simply because in it the social character of men's labour appears to them as an objective character stamped upon the product of that labour; because the relation of the producers to the sum total of their own labour is presented to them as a social relation, existing not between themselves, but between the products of their labour. (Marx 43, my emphasis) When commodities take on such a powerful force that their very presence starts to drive and shape the social relations that have given rise to them; that is, when desire replaces need as the shaping force of societies, then we are obliged to redefine the commodity and its relation to the subject. Under these conditions, the mystery of the commodity is no longer something to be dispelled in order to retrieve the real relation between labour and capital, but becomes the means whereby "men's labour" is actually shaped and formed as a specific mode of production. Eric Alliez and Michel Feher (1987) point out that in capitalism "the subjection framework which defines the wage relation has penetrated society to such an extent that we can now speak not only of the formal subsumption of labor by capital but of the actual or 'real' subsumption by capital of society as a whole" (345). In post-Fordist economic contexts, individuals' relation to capital is no longer based on subjection but incorporation: "space is subsumed under a time entirely permeated by capital. In so doing, they [neo-Fordist strategies] also instigate a regime in which individuals are less subject to than incorporated by capital" (346). In societies dominated by the subjection of workers to capital, the commodity's exchange value is linked strongly to the classed position of the worker, consolidating his interests within the shadow of a bourgeois moral order. But where the worker is incorporated into capital, his 'real' social relations go with him, making it difficult to see how they can be separated from the commodities he produces and which he also consumes at leisure: "If the capitalist relation has colonized all of the geographical and social space, it has no inside into which to integrate things. It has become an unbounded space—in other words, a space coextensive with its own inside and outside. It has become a field of immanence" (Massumi 18). It therefore makes little sense to initiate critiques of the capital relation by overthrowing the means of subjection. Instead, what is required is a way through the 'incorporation' of the individual into the capitalist system, an appropriation of the means of consumption in order to invent new kinds of selfhood. Or at the very least, to expose the process of self-formation to its own means of consumption. What we need to do, then, is to undertake a description of the various ways in which desire is produced within consumer cultures as a form of self-creation. As we have seen, in modernity, self-creation occurs when human materiality is rendered immaterial through a process purification. Borrowing from Deleuze and Guattari, I have characterised this process in terms of immanence: a force coming from the outside, but which is already inside the material itself. In the necessary absence of any prime mover or deity, pure immanence becomes the primary field in which material is rendered into its various and specific modern forms. Immanence is not a transcendental power operating over things, but that which is the very motor of modernity; its specific way of appearing to itself, and of relating to itself in its various guises and manifestations. Through a careful mapping of the network of commodity images spread through far-flung fields, cutting through specific contexts of production and consumption, we can see creation at work in one of its specific modern forms. Immanence, and the power of creation it makes possible, can be found in all modern things, even soap powder! References Alliez, Eric and Michel Feher. "The Luster of Capital." Zone 1(2) 1987: 314-359. Bauman, Zygmunt. Modernity and Ambivalence. Cambridge: Polity, 1991. Berman, Marshall. All That is Solid Melts into Air. New York: Penguin, 1982. Bataille, George. "The Notion of Expenditure." George Bataille, Visions of Excess: Selected Writings, 1927-1939. Trans. Alan Stoekl, Minneapolis: University of Minnesota Press, 1995, pp.116-129. Deleuze, Gilles. Foucault. Trans. Seán Hand, Minneapolis: University of Minnesota Press, 1988. Deleuze, Gilles and Félix Guattari. What is Philosophy? Trans. Hugh Tomlinson and Graham Burchill, New York: Columbia University Press, 1994. Descartes, Rene. Discourse on Method. Trans. Arthur Wollaston, Harmondsworth: Penguin, 1960. Foucault, Michel. The Archaeology of Knowledge. Trans. A.M. Sheridan Smith, London: Tavistock, 1972. Gallagher, Catherine. "The Body Versus the Social Body in the Works of Thomas Malthus and Henry Mayhew." The Making of the Modern Body: Sexuality and Society in the Nineteenth Century, Catherine Gallagher and Thomas Laqueur (Eds.), Berkeley: University of California Press, 1987: 83-106. Lalvani, Suren. "Photography, Epistemology and the Body." Cultural Studies, 7(3), 1993: 442-465. Latour, Bruno. We Have Never Been Modern. Trans. Catherine Porter, Cambridge, Mass.: Harvard University Press, 1993. Karl. Capital, A New Abridgement. David McLellan (Ed.), Oxford: Oxford University Press, 1995. Massumi, Brian. "Everywhere You Want to Be: Introduction to Fear" in Brian Massumi (Ed.). The Politics of Everyday Fear. Minneapolis: University of Minnesota Press, 1993: 3-37. Merleau-Ponty, Maurice. The Visible and the Invisible. Trans. Alphonso Lingis, Evanston: Northwest University Press, 1968. McQueen, Humphrey. The Essence of Capitalism: the Origins of Our Future. Sydney: Sceptre, 2001. Richards, Thomas. The Commodity Culture of Victorian England: Advertising and Spectacle, 1851-1914. Stanford: Stanford University Press, 1990. Sekula, Allan. "The Body and the Archive." October, 39, 1986: 3-65.
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Estefania Dias, S., S. Maris Nicolau, C. Stoever Dacal, I. Stoever und R. Santos Soares. „Institutional support: a strategy to articulate management and work in the Brazilian public health“. European Journal of Public Health 30, Supplement_5 (01.09.2020). http://dx.doi.org/10.1093/eurpub/ckaa166.674.

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Abstract Problem How to build health work processes that are democratic, respect the socio-cultural characteristics of their territories and promote better health conditions for the population? After 30 years, the National Health System of Brazil faces great challenges to ensure equity, universality and comprehensiveness. For this, the models and organization of management and care must seek to guarantee care and health care in a democratic manner. In São Bernardo do Campo, institutional support was established as an important management tool for the qualification of work and health care processes. As of 2009, incorporated supporters to its team as a strategy for transforming health practices and consolidating the Health Care Network. Results The attributions of the institutional supporter are varied, comprehensive, non-standardized and focused on individual and collective care, respecting the autonomy and the ability of users to choose and decide about their lives. They promote debates, carry out case studies and problems of the territory. They act in an interprofessional manner and articulate services from the health network and other sectors in the territories. Lessons Institutional support encourages the teams' ability to identify needs and seek instruments to respond to them in specific territories in an interprofessional way, helping professionals and services to work in a network and collaboratively to achieve the prescribed health policies. But this work faces challenges because the supporter circulates in many spaces and is often seen as a homeless professional. The supporter mediates several conflicts, different interests and power relations to which he is also submitted, since he does not have a hierarchical relationship with the teams, he is not a boss, although he takes and brings information from the base to the summit and vice - conversely, he is a professional who is often caught in conflicts of interest between teams, users and management. Key messages Increase the teams' resolving capacity, in the face of health needs within particular social contexts and seeking to identify the needs of the population to produce more appropriate responses. Democratization of health care spaces, valuing differences in territories and uniqueness of professionals and the population.
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Rego, Noelia Rodrigues Pereira. „Educação Popular, educação libertária e os movimentos sociais como meios de insurgência e resistência em nossas terras“. Revista de Ciências da Educação, 31.10.2018, 163–88. http://dx.doi.org/10.19091/reced.v0i0.700.

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Falar de Educação Popular é tentar entender suas várias atuações e seus vários braços que historicamente atuam na reconstrução e no resgate de saberes que foram historicamente silenciados e marginalizados. É, sobretudo, a partir da América Latina que a Educação Popular toma forma, consolida-se e se firma. Fruto de experiências de luta, sobretudo no bojo dos movimentos sociais, ela carrega em sua base uma conjunção entre teoria e prática que é sua própria construção metodológica. É na perspectiva autopoietica e mambembe em que se ancora, portanto, para tentar explicitar os muitos caminhos e as bifurcações pelas quais até hoje a Educação Popular vem se consolidando como uma outra pedagogia. Na régua que mede quem pode mais e quem pode menos no cenário de uma sociedade desigual, a Educação Popular surge como uma alavanca de insurgência radical em conjunto com pedagogias outras (a libertária é uma delas), que tratam de quebrar paradigmas e enxergar saberes de povos tradicionais e populares como categorias científicas e legítimas de epistemologias, até então estigmatizadas e inferiorizadas. O insurgir-se e o resistir se ancoram nessas perspectivas como uma questão de sobrevivência. Palavras-chave: Educação Popular. Educação libertária. Movimentos sociais. Re-sistência. Insurgência. Popular Education, libertarian education and social movementsas means of insurgency and resistance in our lands AbstractTo speak of Popular Education is to try to understand its various activities and its various arms that historically act in the reconstruction and the rescue of knowledge that has been historically silenced and marginalized. It is, above all, from Latin America that Popular Education takes shape, is consolidated and is signed. As a result of experiences of struggle, especially in the bosom of social movements, it carries at its base a conjunction of theory and practice, which is its own methodological construction. It is in the autopoietic and mambembe perspective that we anchor ourselves, therefore, to try to make explicit the many paths and bifurcations by which the Popular Education has been consolidating itself as another pedagogy. In the rule that measures who can more, who can less in the scenario of an unequal society the Popular Education emerges as a lever of radical insurgency in conjunction with other pedagogies, the Liberation is one of them, that try to break paradigms and to see the knowledge of traditional and popular as scientific and legitimate categories of epistemologies, hitherto stigmatized and inferiorized. Insurgence and resistance are anchored in these perspectives as a matter of survival. Keywords: Popular Education. Libertarian education. Social movements. Resis-tance. Insurgency. Educación Popular, educación libertaria y los movimientossociales como medios de insurgencia y resistencia en nuestrastierras ResumenHablar de Educación Popular es intentar entender sus varias actuaciones y sus varios brazos que históricamente actúan en la reconstrucción y en el rescate de saber que fueron históricamente silenciados y marginados. Es, sobre todo, a partir de América Latina que la Educación Popular toma forma, se consolida y se firma. Fruto de experiencias de lucha, sobre todo en el seno de los movimientos sociales, lleva en su base una conjunción entre teoría y práctica que son su propia construcción metodológica. Es en la perspectiva autopoiética y mambembe que nos anclamos, por lo tanto, para intentar explicitar los muchos caminos y bifurcaciones por las que hasta hoy la Educación Popular se viene consolidando como una pedagogía otra. En la regla que mide quién puede más, quien puede menos en el escenario de una sociedad desigual, la Educación Popular surge como una palanca de insurgencia radical en conjunto con pedagogías otras, la Libertad es una de ellas, que tratan de romper paradigmas y ver saber de pueblos tradicionales y populares como categorías científicas y legítimas de epistemologías, hasta entonces estigmatizadas e inferiorizadas. El insurgir y el resistir se anclan en esas perspectivas como una cuestión de supervivencia. Palabras clave: Educación popular. Educación libertaria. movimientos sociales.Resistencia. Insurgencia.
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Hood, Carra Leah. „Schools of Thought“. M/C Journal 8, Nr. 1 (01.02.2005). http://dx.doi.org/10.5204/mcj.2327.

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The epigraph to the call for papers for this issue of M/C Journal is taken from Act 2 Scene II of William Shakespeare’s Hamlet Prince of Denmark. As it appears in the call for papers, the referenced fragment of Hamlet’s speech, ‘for there is nothing either good or bad but thinking makes it so’ (Shakespeare 75), could lead a reader to suspect that morality derives from reasoned thought in the play and that, according to the speaker, the object of moral judgment is neither good nor bad prior to such thought. Spoken in the context of a disagreement between Hamlet and Rosencrantz and Guildenstern about whether Denmark is a prison, the epigraph supports this reading; Hamlet believes that Denmark is a prison, and the two courtiers do not. However, consideration of the entire passage from which the epigraph is taken suggests a subtlely different interpretation. In response to Rosencrantz and Guildenstern’s assertion that Denmark is not a prison, Hamlet remarks: Why, then ‘tis none to you, for there is nothing either good or bad but thinking makes it so. To me it is a prison. (Shakespeare 75) Rather than prompting the previous interpretation, a reading of the entire passage reveals Hamlet describing a sort of relativism. Rosencrantz and Guildenstern have their point of view, and Hamlet has his. Hamlet labels neither point of view good or bad here. So why does he introduce the language of morality at all? Why doesn’t he say, ‘Why, then, ‘tis none to you: to me it is a prison,’ instead, omitting the fragment that comprises the epigraph entirely? What function does the epigraphic fragment perform? Addressing these questions in the context of the discussion occurring in Hamlet can provide insight into the contemporary intellectual concerns posed by this call for papers, in particular, the cultural cost of employing a hierarchical or bureaucratic morality to guide determinations, especially consensual ones, about pursuing or discarding specific lines of inquiry. Scene II follows Hamlet’s encounter with his father’s ghost, an event that coincides with the onset of the Prince’s perceived madness. Unsure of its true cause, the King and Queen enlist Rosencrantz and Guildenstern to visit Hamlet and to discover the reason for his recent, strange behavior. The King and Queen promise the two friends money, social recognition, and public appreciation in exchange for their detective work. Rosencrantz and Guildenstern agree to this plan; in fact, once they contract with the crown, they are obligated to carry it out. Their conversation with Hamlet not only fails to produce the desired result but also makes some turns that actually undermine the King and Queen’s purpose. Not only does Hamlet appear more rational than the King and Queen suspect but he also seems quite willing to perform madness, thus meeting the expectations of his audience, in order to speak in an uncensored and unmannerly fashion. In addition, Hamlet only mentions ‘bad’ once, following the passage cited above, in reference to his recent dreams, which Guildenstern notes, whether good or bad, ‘indeed are ambition’ (Shakespeare 75). Their conversation with Hamlet produces other associations, however, between moral judgment and ambition, ambition and dreams, dreams and shadows, and shadows and social relations. This chain of associations builds connection between the worth, and rightness, of any given judgment and the social role of the judging individual. The passage cited above, which embeds the epigraph to this call for papers, is constructed in such a way that it is unclear whether significance attaches to the moral conclusion resulting from thought or the process of thinking itself, which ends up supplanting a thing’s neutral, objective existence with a subjectively-derived judgment of a thing’s worth. In either case, who thinks matters. Rosencrantz and Guildenstern are not authoritative; Hamlet, although considered mad, is. When he closes the passage under consideration with ‘to me it is a prison’ (Shakespeare 75), he makes this assertion confident that what Denmark is to him carries more weight than what Rosencrantz and Guildenstern deem it. In part, his confidence derives from knowing that, as outsiders and employees of the crown, Rosencrantz and Guildenstern are not in the position to make a public statement of this sort. Additionally, Hamlet’s words are empowered, worthy as words to hear and to heed, even if mad, worthy because he speaks them, and worthy for the moral judgments they convey. As set up in Act 2 Scene II of the play, the rhetorical situation presents a dialectical communication act that exposes the tension between Rosencrantz and Guildenstern’s dialogue, which conforms to the constraints of unauthoritative, but purchased, speech, and Hamlet’s, which represents the allowable excesses of authoritative, though suspiciously irrational, speech. The former must presume the literalness of language; for instance, Denmark is not a prison, if prison refers to the physical space of incarceration. The latter, unbound to the literalness of language, can use language figuratively. Denmark is a prison to Hamlet, not in the restrictive sense to which Rosencrantz and Guildenstern refer, but metaphorically. Hamlet’s figurative play, connected to his authoritative role and to the permission his role affords him to go crazy without threat of ending up in prison, leads to an interpretive moment, which would have undone the conventions of this rhetorical situation had Hamlet not cut it short. If he had conceded that beggars comprise the social body, and therefore speak with authority, and that monarchs exist in their shadow, guided by the linguistic precedents beggars either perform or circulate, rather than insisting that such an idea exemplifies his inability to reason, Hamlet would have not only justified his own deauthorization but also given up his rights both to perform madness and to use language metaphorically. In other words, if Hamlet had permitted himself to push his own interpretation a bit farther, he would have disclosed the artificiality of the socio-rhetorical conventions that guarantee his words an audience, a disclosure he absolutely refuses to put into words – that is, literally. To use metaphorical language, then, although a privilege that follows from social status and the authority that status affords, permits the speaker to avoid accountability of the sort that Rosencrantz and Guildenstern must demonstrate, specifically, to the King and the Queen. Hamlet, for instance, does not have to admit that his authority is an accident of birth; however, Rosencrantz and Guildenstern and the audience for the play know that it is his inheritance. Hamlet does not have to say to Rosencrantz and Guildenstern that he is a thinker, and they are not; although he does, in effect, when he utters the fragment that is the epigraph to this call for papers. Subordinated to the phrase that begins with ‘Why, then ’tis none to you,’ the epigraph might be rewritten as: ‘when you think, you think badly and come to the wrong conclusions.’ In other words, Hamlet does not trust Rosencrantz and Guildenstern to say anything other than what they are literally expected to say, what is conventional for them to say, and what they are paid by the King and Queen to say. Hamlet’s thinking, while apparently mad, still functions, authoritatively, yet there is no evidence provided in the play for the audience to know, without a doubt, that Denmark is or is not a prison. The truth, which must be interpreted, and therefore becomes a product of thinking, strictly follows from the rank of the speaker. The truth of Rosencrantz and Guildenstern’s speech derives from the extent to which it suits their station and their role and from the extent to which is satisfies the contractual situation compelling it; the truth does not follow from the content of their words. Rather, since they are paid to discover the source of Hamlet’s madness, their words must serve this economic purpose. The truth of Hamlet’s speech is also measured by its fit to his role. However, his role insures that an audience will attend to and interpret the meaning of the words he speaks. The truth of the rhetorical situation represented in Act 2 Scene II, then, is that the speech following from Hamlet’s position matters more than that uttered by paid courtiers; in fact, his is the only speech that means anything at all beyond simply marking social location or fulfilling an economic transaction. The epigraph suggests, then, not that there is a method for discriminating between good and bad ideas as such, but that an audience receives all ideas relative to the social role of the speaker. Those spoken by actors who use language in ways unfitting their social roles are unimaginable in Hamlet, unless, of course, they have inherited authority, as Hamlet has, and are thought mad. Consequently, speakers act responsibly toward their audiences, playing their parts, speaking their scripted lines. Clearly, Act 2 Scene II teaches readers that the objective or moral quality of any particular idea has less significance than does the recognised authority of the speaker and his or her adherence to socio-rhetorical conventions delimiting language exchange in particular contexts. The world in 2005 bears little or no resemblance to the world that Shakespeare inhabited; however, this lesson still holds true. Today, the free exchange of intellectual ideas—thought to be the primary activity, for instance, of professors and students on college and university campuses—is constrained in ways similar to those on display in Act 2 Scene II. Those who have less authority might pursue lines of inquiry, both in classrooms and in scholarship, that follow up on, apply, or restate authoritative positions. They are at less risk for receiving a low grade, for being rejected or criticised by their colleagues, and for losing their jobs if they do so. This type of teaching and learning, writing and research creates a sort of consensus, sometimes referred to as schools of thought, that at their best challenge and at their worst prohibit imagination. Rosencrantz and Guildenstern could not imagine uttering the words, ‘Denmark is a prison.’ Their language and their structures of imagination are restricted by their economic and their social roles and, because of both, the expectations of their audience. In 2005, those in all social positions can imagine speaking such a critique; however, some might elect not to, self-censoring solely for the purpose of achieving one personal goal or another—a grade, professional recognition, or promotion. Hamlet, unable to imagine Denmark as anything but a prison, takes on an historical burden, transferred to him by his father’s ghost, that requires a break with convention, and with the rhetorical expectations of someone occupying his role, hence his presumed madness. While to Rosencrantz and Guildenstern, economic survival requires preserving consensual thinking; according to Hamlet, it will lead to the end of his life, to the demise of Denmark, to the conclusion of Danish history. It is Hamlet’s duty, then, and that of all contemporary intellectuals, to think therefore to imagine, at risk of being thought mad, beyond consensus to sustain the production of ideas and history, the moral ingredient of thoughtful exchange, and to prevent the alternative, that is, the fate of Rosencrantz and Guildenstern. The interjection that is the epigraph to this call for papers conveys as much to a postmodern, intellectual audience. Ideas have power in Hamlet’s world, no less chaotic, violent, and presumptively immoral than the world in 2005. It is a bad idea, a sort of madness actually, to act, then as now, as if language primarily functions bureaucratically, for the connected purposes of enforcing consensus, or canonicity, as a morally good idea, and of consolidating personal gain, as the sole measure of ethical conduct. Note All quotations appearing in this essay have been taken from Act 2 Scene II of William Shakespeare’s Hamlet Prince of Denmark. Ed. Willard Farnham. New York: Penguin Books, 1985. 74-6. References Shakespeare, William. Hamlet Prince of Denmark. Ed. Willard Farnham. New York: Penguin Books, 1985. Citation reference for this article MLA Style Hood, Carra Leah. "Schools of Thought: The Madness of Consensus." M/C Journal 8.1 (2005). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0502/08-hood.php>. APA Style Hood, C. (Feb. 2005) "Schools of Thought: The Madness of Consensus," M/C Journal, 8(1). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0502/08-hood.php>.
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Campanioni, Chris. „How Bizarre: The Glitch of the Nineties as a Fantasy of New Authorship“. M/C Journal 21, Nr. 5 (06.12.2018). http://dx.doi.org/10.5204/mcj.1463.

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As the ball dropped on 1999, is it any wonder that No Doubt played, “It’s the End of the World as We Know It” by R.E.M. live on MTV? Any discussion of the Nineties—and its pinnacle moment, Y2K—requires a discussion of both the cover and the glitch, two performative and technological enactments that fomented the collapse between author-reader and user-machine that has, twenty years later, become normalised in today’s Post Internet culture. By staging failure and inviting the audience to participate, the glitch and the cover call into question the original and the origin story. This breakdown of normative borders has prompted the convergence of previously demarcated media, genres, and cultures, a constellation from which to recognise a stochastic hybrid form. The Cover as a Revelation of Collaborative MurmurBefore Sean Parker collaborated with Shawn Fanning to launch Napster on 1 June 1999, networked file distribution existed as cumbersome text-based programs like Internet Relay Chat and Usenet, servers which resembled bulletin boards comprising multiple categories of digitally ripped files. Napster’s simple interface, its advanced search filters, and its focus on music and audio files fostered a peer-to-peer network that became the fastest growing website in history, registering 80 million users in less than two years.In harnessing the transgressive power of the Internet to force a new mode of content sharing, Napster forced traditional providers to rethink what constitutes “content” at a moment which prefigures our current phenomena of “produsage” (Bruns) and the vast popularity of user-generated content. At stake is not just the democratisation of art but troubling the very idea of intellectual property, which is to say, the very concept of ownership.Long before the Internet was re-routed from military servers and then mainstreamed, Michel Foucault understood the efficacy of anonymous interactions on the level of literature, imagining a culture where discourse would circulate without any need for an author. But what he was asking in 1969 is something we can better answer today, because it seems less germane to call into question the need for an author in a culture in which everyone is writing, producing, and reproducing text, and more effective to think about re-evaluating the notion of a single author, or what it means to write by yourself. One would have to testify to the particular medium we have at our disposal, the Internet’s ultimate permissibility, its provocations for collaboration and co-creation. One would have to surrender the idea that authors own anything besides our will to keep producing, and our desire for change; and to modulate means to resist without negating, to alter without omitting, to enable something new to come forward; the unfolding of the text into the anonymity of a murmur.We should remind ourselves that “to author” all the way down to its Latin roots signifies advising, witnessing, and transferring. We should be reminded that to author something means to forget the act of saying “I,” to forget it or to make it recede in the background in service of the other or others, on behalf of a community. The de-centralisation of Web development and programming initiated by Napster inform a poetics of relation, an always-open structure in which, as Édouard Glissant said, “the creator of a text is effaced, or rather, is done away with, to be revealed in the texture of his creation” (25). When a solid melts, it reveals something always underneath, something at the bottom, something inside—something new and something that was always already there. A cover, too, is both a revival and a reworking, an update and an interpretation, a retrospective tribute and a re-version that looks toward the future. In performing the new, the original as singular is called into question, replaced by an increasingly fetishised copy made up of and made by multiples.Authorial Effacement and the Exigency of the ErrorY2K, otherwise known as the Millennium Bug, was a coding problem, an abbreviation made to save memory space which would disrupt computers during the transition from 1999 to 2000, when it was feared that the new year would become literally unrecognisable. After an estimated $300 billion in upgraded hardware and software was spent to make computers Y2K-compliant, something more extraordinary than global network collapse occurred as midnight struck: nothing.But what if the machine admits the possibility of accident? Implicit in the admission of any accident is the disclosure of a new condition—something to be heard, to happen, from the Greek ad-cadere, which means to fall. In this drop into non-repetition, the glitch actualises an idea about authorship that necessitates multi-user collaboration; the curtain falls only to reveal the hidden face of technology, which becomes, ultimately, instructions for its re-programming. And even as it deviates, the new form is liable to become mainstreamed into a new fashion. “Glitch’s inherently critical moment(um)” (Menkman 8) indicates this potential for technological self-insurgence, while suggesting the broader cultural collapse of generic markers and hierarchies, and its ensuing flow into authorial fluidity.This feeling of shock, this move “towards the ruins of destructed meaning” (Menkman 29) inherent in any encounter with the glitch, forecasted not the immediate horror of Y2K, but the delayed disasters of 9/11, Hurricane Katrina, Deepwater Horizon Oil Spill, Indian Ocean tsunami, Sichuan Province earthquake, global financial crisis, and two international wars that would all follow within the next nine years. If, as Menkman asserts, the glitch, in representing a loss of self-control “captures the machine revealing itself” (30), what also surfaces is the tipping point that edges us toward a new becoming—not only the inevitability of surrender between machine and user, but their reversibility. Just as crowds stood, transfixed before midnight of the new millennium in anticipation of the error, or its exigency, it’s always the glitch I wait for; it’s always the glitch I aim to re-create, as if on command. The accidental revelation, or the machine breaking through to show us its insides. Like the P2P network that Napster introduced to culture, every glitch produces feedback, a category of noise (Shannon) influencing the machine’s future behaviour whereby potential users might return the transmission.Re-Orienting the Bizarre in Fantasy and FictionIt is in the fantasy of dreams, and their residual leakage into everyday life, evidenced so often in David Lynch’s Twin Peaks, where we can locate a similar authorial agency. The cult Nineties psycho-noir, and its discontinuous return twenty-six years later, provoke us into reconsidering the science of sleep as the art of fiction, assembling an alternative, interactive discourse from found material.The turning in and turning into in dreams is often described as an encounter with the “bizarre,” a word which indicates our lack of understanding about the peculiar processes that normally happen inside our heads. Dreams are inherently and primarily bizarre, Allan J. Hobson argues, because during REM sleep, our noradrenergic and serotonergic systems do not modulate the activated brain, as they do in waking. “The cerebral cortex and hippocampus cannot function in their usual oriented and linear logical way,” Hobson writes, “but instead create odd and remote associations” (71). But is it, in fact, that our dreams are “bizarre” or is it that the model itself is faulty—a precept premised on the normative, its dependency upon generalisation and reducibility—what is bizarre if not the ordinary modulations that occur in everyday life?Recall Foucault’s interest not in what a dream means but what a dream does. How it rematerialises in the waking world and its basis in and effect on imagination. Recall recollection itself, or Erin J. Wamsley’s “Dreaming and Offline Memory Consolidation.” “A ‘function’ for dreaming,” Wamsley writes, “hinges on the difficult question of whether conscious experience in general serves any function” (433). And to think about the dream as a specific mode of experience related to a specific theory of knowledge is to think about a specific form of revelation. It is this revelation, this becoming or coming-to-be, that makes the connection to crowd-sourced content production explicit—dreams serve as an audition or dress rehearsal in which new learning experiences with others are incorporated into the unconscious so that they might be used for production in the waking world. Bert O. States elaborates, linking the function of the dream with the function of the fiction writer “who makes models of the world that carry the imprint and structure of our various concerns. And it does this by using real people, or ‘scraps’ of other people, as the instruments of hypothetical facts” (28). Four out of ten characters in a dream are strangers, according to Calvin Hall, who is himself a stranger, someone I’ve never met in waking life or in a dream. But now that I’ve read him, now that I’ve written him into this work, he seems closer to me. Twin Peak’s serial lesson for viewers is this—even the people who seem strangers to us can interact with and intervene in our processes of production.These are the moments that a beginning takes place. And even if nothing directly follows, this transfer constitutes the hypothesised moment of production, an always-already perhaps, the what-if stimulus of charged possibility; the soil plot, or plot line, for freedom. Twin Peaks is a town in which the bizarre penetrates the everyday so often that eventually, the bizarre is no longer bizarre, but just another encounter with the ordinary. Dream sequences are common, but even more common—and more significant—are the moments in which what might otherwise be a dream vision ruptures into real life; these moments propel the narrative.Exhibit A: A man who hasn’t gone outside in a while begins to crumble, falling to the earth when forced to chase after a young girl, who’s just stolen the secret journal of another young girl, which he, in turn, had stolen.B: A horse appears in the middle of the living room after a routine vacuum cleaning and a subtle barely-there transition, a fade-out into a fade-in, what people call a dissolve. No one notices, or thinks to point out its presence. Or maybe they’re distracted. Or maybe they’ve already forgotten. Dissolve.(I keep hitting “Save As.” As if renaming something can also transform it.)C: All the guests at the Great Northern Hotel begin to dance the tango on cue—a musical, without any music.D: After an accident, a middle-aged woman with an eye patch—she was wearing the eye patch before the accident—believes she’s seventeen again. She enrolls in Twin Peaks High School and joins the cheerleading team.E: A woman pretending to be a Japanese businessman ambles into the town bar to meet her estranged husband, who fails to recognise his cross-dressing, race-swapping wife.F: A girl with blond hair is murdered, only to come back as another girl, with the same face and a different name. And brown hair. They’re cousins.G: After taking over her dead best friend’s Meals on Wheels route, Donna Hayward walks in to meet a boy wearing a tuxedo, sitting on the couch with his fingers clasped: a magician-in-training. “Sometimes things can happen just like this,” he says with a snap while the camera cuts to his grandmother, bed-ridden, and the appearance of a plate of creamed corn that vanishes as soon as she announces its name.H: A woman named Margaret talks to and through a log. The log, cradled in her arms wherever she goes, becomes a key witness.I: After a seven-minute diegetic dream sequence, which includes a one-armed man, a dwarf, a waltz, a dead girl, a dialogue played backward, and a significantly aged representation of the dreamer, Agent Cooper wakes up and drastically shifts his investigation of a mysterious small-town murder. The dream gives him agency; it turns him from a detective staring at a dead-end to one with a map of clues. The next day, it makes him a storyteller; all the others, sitting tableside in the middle of the woods become a captive audience. They become readers. They read into his dream to create their own scenarios. Exhibit I. The cycle of imagination spins on.Images re-direct and obfuscate meaning, a process of over-determination which Foucault says results in “a multiplication of meanings which override and contradict each other” (DAE 34). In the absence of image, the process of imagination prevails. In the absence of story, real drama in our conscious life, we form complex narratives in our sleep—our imaginative unconscious. Sometimes they leak out, become stories in our waking life, if we think to compose them.“A bargain has been struck,” says Harold, an under-5 bit player, later, in an episode called “Laura’s Secret Diary.” So that she might have the chance to read Laura Palmer’s diary, Donna Hayward agrees to talk about her own life, giving Harold the opportunity to write it down in his notebook: his “living novel” the new chapter which reads, after uncapping his pen and smiling, “Donna Hayward.”He flips to the front page and sets a book weight to keep the page in place. He looks over at Donna sheepishly. “Begin.”Donna begins talking about where she was born, the particulars of her father—the lone town doctor—before she interrupts the script and asks her interviewer about his origin story. Not used to people asking him the questions, Harold’s mouth drops and he stops writing. He puts his free hand to his chest and clears his throat. (The ambient, wind-chime soundtrack intensifies.) “I grew up in Boston,” he finally volunteers. “Well, actually, I grew up in books.”He turns his head from Donna to the notebook, writing feverishly, as if he’s begun to write his own responses as the camera cuts back to his subject, Donna, crossing her legs with both hands cupped at her exposed knee, leaning in to tell him: “There’s things you can’t get in books.”“There’s things you can’t get anywhere,” he returns, pen still in his hand. “When we dream, they can be found in other people.”What is a call to composition if not a call for a response? It is always the audience which makes a work of art, re-framed in our own image, the same way we re-orient ourselves in a dream to negotiate its “inconsistencies.” Bizarreness is merely a consequence of linguistic limitations, the overwhelming sensory dream experience which can only be re-framed via a visual representation. And so the relationship between the experience of reading and dreaming is made explicit when we consider the associations internalised in the reader/audience when ingesting a passage of words on a page or on the stage, objects that become mental images and concept pictures, a lens of perception that we may liken to another art form: the film, with its jump-cuts and dissolves, so much like the defamiliarising and dislocating experience of dreaming, especially for the dreamer who wakes. What else to do in that moment but write about it?Evidence of the bizarre in dreams is only the evidence of the capacity of our human consciousness at work in the unconscious; the moment in which imagination and memory come together to create another reality, a spectrum of reality that doesn’t posit a binary between waking and sleeping, a spectrum of reality that revels in the moments where the two coalesce, merge, cross-pollinate—and what action glides forward in its wake? Sustained un-hesitation and the wish to stay inside one’s self. To be conscious of the world outside the dream means the end of one. To see one’s face in the act of dreaming would require the same act of obliteration. Recognition of the other, and of the self, prevents the process from being fulfilled. Creative production and dreaming, like voyeurism, depend on this same lack of recognition, or the recognition of yourself as other. What else is a dream if not a moment of becoming, of substituting or sublimating yourself for someone else?We are asked to relate a recent dream or we volunteer an account, to a friend or lover. We use the word “seem” in nearly every description, when we add it up or how we fail to. Everything seems to be a certain way. It’s not a place but a feeling. James, another character on Twin Peaks, says the same thing, after someone asks him, “Where do you want to go?” but before he hops on his motorcycle and rides off into the unknowable future outside the frame. Everything seems like something else, based on our own associations, our own knowledge of people and things. Offline memory consolidation. Seeming and semblance. An uncertainty of appearing—both happening and seeing. How we mediate—and re-materialise—the dream through text is our attempt to re-capture imagination, to leave off the image and better become it. If, as Foucault says, the dream is always a dream of death, its purpose is a call to creation.Outside of dreams, something bizarre occurs. We call it novelty or news. We might even bestow it with fame. A man gets on the wrong plane and ends up halfway across the world. A movie is made into the moment of his misfortune. Years later, in real life and in movie time, an Iranian refugee can’t even get on the plane; he is turned away by UK immigration officials at Charles de Gaulle, so he spends the next sixteen years living in the airport lounge; when he departs in real life, the movie (The Terminal, 2004) arrives in theaters. Did it take sixteen years to film the terminal exile? How bizarre, how bizarre. OMC’s eponymous refrain of the 1996 one-hit wonder, which is another way of saying, an anomaly.When all things are counted and countable in today’s algorithmic-rich culture, deviance becomes less of a statistical glitch and more of a testament to human peculiarity; the repressed idiosyncrasies of man before machine but especially the fallible tendencies of mankind within machines—the non-repetition of chance that the Nineties emblematised in the form of its final act. The point is to imagine what comes next; to remember waiting together for the end of the world. There is no need to even open your eyes to see it. It is just a feeling. ReferencesBruns, Axel. “Towards Produsage: Futures for User-Led Content Production.” Cultural Attitudes towards Technology and Communication 2006: Proceedings of the Fifth International Conference, eds. Fay Sudweeks, Herbert Hrachovec, and Charles Ess. Murdoch: School of Information Technology, 2006. 275-84. <https://eprints.qut.edu.au/4863/1/4863_1.pdf>.Foucault, Michel. “Dream, Imagination and Existence.” Dream and Existence. Ed. Keith Hoeller. Pittsburgh: Review of Existential Psychology & Psychiatry, 1986. 31-78.———. “What Is an Author?” The Foucault Reader: An Introduction to Foucault’s Thought. Ed. Paul Rainbow. New York: Penguin, 1991.Glissant, Édouard. Poetics of Relation. Trans. Betsy Wing. Ann Arbor: U of Michigan P, 1997.Hall, Calvin S. The Meaning of Dreams. New York: McGraw Hill, 1966.Hobson, J. Allan. The Dream Drugstore: Chemically Altered State of Conscious­ness. Cambridge: MIT Press, 2001.Menkman, Rosa. The Glitch Moment(um). Amsterdam: Network Notebooks, 2011.Shannon, Claude Elwood. “A Mathematical Theory of Communication.” The Bell System Technical Journal 27 (1948): 379-423.States, Bert O. “Bizarreness in Dreams and Other Fictions.” The Dream and the Text: Essays on Literature and Language. Ed. Carol Schreier Rupprecht. Albany: SUNY P, 1993.Twin Peaks. Dir. David Lynch. ABC and Showtime. 1990-3 & 2017. Wamsley, Erin. “Dreaming and Offline Memory Consolidation.” Current Neurology and Neuroscience Reports 14.3 (2014): 433. “Y2K Bug.” Encyclopedia Britannica. 18 July 2018. <https://www.britannica.com/technology/Y2K-bug>.
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Antonio, Amy Brooke. „Re-imagining the Noir Femme Fatale on the Renaissance Stage“. M/C Journal 18, Nr. 6 (07.03.2016). http://dx.doi.org/10.5204/mcj.1039.

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IntroductionTraditionally, the femme fatale has been closely associated with a series of noir films (such as Double Indemnity [1944], The Maltese Falcon [1941], and The Big Heat [1953]) in the 1940s and 50s that necessarily betray male anxieties about independent women in the years during and following World War II. However, the anxieties and historical factors that precipitated the emergence of the noir femme fatale similarly existed in the sixteenth century and, as a result, the femme fatale can be re-imagined in a series of Elizabethan and Jacobean plays. In this context, to re-imagine is to imagine or conceive of something in a new way. It involves taking a concept or an idea and re-imagining it into something simultaneously similar and new. This article will argue, first, that the noir femme fatale’s emergence coincided with a period of history characterised by suspicion, intolerance and perceived vulnerability and that a similar set of historical factors—namely the presence of a female monarch and changes to marriage laws—precipitated the emergence a femme fatale type figure in the Renaissance period. Second, noir films typically contain a series of narrative tropes that can be similarly identified in a selection of Renaissance plays, which enables the production of a new, re-imagined reading of these plays as tragedies of the feminine desire for autonomy. The femme fatale, according to Rebecca Stott, is not unique to the twentieth century. The femme fatale label can be applied retrospectively to seductive, if noticeably evil women, whose seduction and destruction of men render them amenable to our twenty-first century understanding of the femme fatale (Allen). Mario Praz similarly contends that the femme fatale has always existed; she simply becomes more prolific in times of social and cultural upheaval. The definition of the femme fatale, however, has only recently been added to the dictionary and the burden of all definitions is the same: the femme fatale is a woman who lures men into danger, destruction and even death by means of her overpowering seductive charms. There is a woman on the Renaissance stage who combines adultery, murder, and insubordination and this figure embodies the same characteristics as the twentieth-century femme fatale because she is similarly drawn from an archetypal pattern of male anxieties regarding sexually appetitive/desirous women. The fear that this selection of women elicit arises invariably from their initial defiance of their fathers and/or brothers in marrying without their consent and/or the possibility that these women may marry or seek a union with a man out of sexual lust.The femme fatale of 1940s and 50s noir films is embodied by such women as Brigid O’Shaughnessy (Maltese Falcon), Phyllis Dietrichson (Double Indemnity), and Ann Grayle (Murder, My Sweet), while the figure of the femme fatale can be re-imagined in a series of Elizabethan and Jacobean plays, including The Changeling (1622), Arden of Faversham (1592), and The Maid’s Tragedy (1619). Like the noir femme fatale, there is a female protagonist in each of these plays who uses both cunning and sexual attractiveness to gain her desired independence. By focusing on one noir film and one Renaissance play, this article will explore both the historical factors that precipitate the emergence of these fatal women and the structural tropes that are common to both Double Indemnity and Middleton and Rowley’s The Changeling. The obvious parallels between the two figures at the centre of these narratives—Phyllis and Beatrice-Joanna respectively—namely an aversion to the institution of marriage and the instigation of murder to attain one’s desires, enable a re-imagined reading of Beatrice-Joanna as a femme fatale. Socio-Cultural AnxietiesThe femme fatale is a component of changing consciousness: she is one of the recurring motifs of the film noir genre and takes her place amongst degeneration anxieties, anxieties about sexuality and race and concerns about cultural virility and fitness (Stott). According to Sylvia Harvey, the emergence of the femme fatale parallels social changes taking place in the 1940s, particularly the increasing entry of women into the labour market. She also notes the apparent frustration of the institution of the family in this era and the boredom and stifling entrapment of marriage and how the femme fatale threatens to destroy traditional family structures. Jans Wager likewise notes that the femme fatale emerged as an expression of the New Woman, whose presence in the public sphere was in opposition to her adherence to traditional societal values, while Virginia Allen argues that the femme fatale came to maturity in the years marked by the first birth control campaigns and female emancipation movement. The Renaissance femme fatale similarly emerged in the wake of historical trigger factors occurring at the time, namely the presence of a female monarch and changes to marriage laws. In 1558, Queen Elizabeth I assumed the throne, which had a profound impact upon relations of gender in English Renaissance society. She occupied a privileged position of power in a society that believed women should have none by virtue of their inferior sex (Montrose). This was compounded by her decision to remain unmarried, which ensured the consolidation of her power that she would have otherwise forfeited to her husband. The presence of a female ruler destabilised established notions of women as passive objects of desire and, as I argue here, contributed to representations of powerful women in Renaissance drama. Men created femme fatales in their work as an expression of what they saw in women who were beginning to declare their sexual and political freedom. In addition, changing conceptions of marriage from arranged practices (unions for social and economic reasons) to romantic idealism (marriage for companionship and affective ties) saw the legitimation of desire outside the holy sacrament. Plays depicting femme fatales, including The Changeling (1622), Arden of Faversham (1592) and The Maid’s Tragedy (1619) to name a few, appear to have fed off the anxieties that resulted from the shift from arranged marriages to individual choice of a spouse. Similarly, in the noir period, “restrictions on women’s rights ensured that married women had comparatively fewer rights than single women, who could at least lay claim to their own property and wages” (Braun 53). As such, the femme fatale represented an alternative to domesticity, one in which a woman could retain her dignity without a man.Re-imagining the Femme Fatale James Damico proposes a model of film noir’s plot structure and character type. The male protagonist is hired for a job associated with a non-innocent woman to whom he is sexually and fatally attracted to. Through his attraction, either because the woman induces him to it or because it is a natural result of their relationship, the man comes to cheat, attempt to or actually murder a second man to whom a woman is unhappily or unwillingly attached (generally her husband or lover). This act invariably leads to the woman’s betrayal of the protagonist and either metaphorically or literally results in the destruction of the woman, the man to whom she is attached, and the protagonist himself. In Double Indemnity, Phyllis Dietrichson lures her hapless lover, Walter Neff, into committing murder on her behalf. He puts up minimal resistance to Phyllis’s plan to insure her husband without his knowledge so that he can be killed and she can reap the benefits of the policy. Walter says, “I fought it [the idea of murder], only I guess I didn’t fight it hard enough.” Similarly, in The Changeling, Beatrice-Joanna’s father, Vermandero, arranges her marriage to Alonzo de Piracquo; however, she is in love with Alsemero, who would also be a suitable match if Alonzo were out of the way. She thus employs the use of her servant DeFlores to kill her intended. He does as instructed and brings back her dead fiancée’s finger as proof of the deed, expecting for his services a sexual reward, rather than the gold Beatrice-Joanna offered him: “Never was man / Dearlier rewarded” (2.2.138-140). Renaissance fears regarding women’s desirous subjectivity are justified in this scene, which represent Beatrice-Joanna as willingly succumbing to DeFlore’s advances: she came to “love anon” what she had previously “fear’st and faint’st to venture on” (3.4.171-172). She experienced a “giddy turning in [her]” (1.1.159), which compelled her to seduce DeFlores on the eve of her wedding to Alsemero. Both Phyllis and Beatrice-Joanna localise contemporary fears and fantasies about women, sexuality and marriage (Haber) and, despite the existing literature surrounding the noir femme fatale, a re-imagining of this figure on the Renaissance stage is unique. Furthermore, and in addition to similarities in plot structure, noir films are typically characterised by three narrative tropes (masquerade, the polarisation of the femme fatale with the femme attrappe and the demise of the femme fatale) that are likewise present in The Changeling. 1. Masquerade: Her Sexual Past Is the Central Mystery of the Narrative The femme fatale appropriates the signifiers of femininity (modesty, obedience, silence) that bewitch men and fool them into believing that she embodies everything he desires. According to Luce Irigaray, the femme fatale assumes an unnatural, flaunted facade and, in so doing, she conceals her own subjectivity and disrupts notions of what she is really like. Her sexual past is often the central mystery and so she figuratively embodies the hidden secrets of feminine sexuality while the males battle for control over this knowledge (Lee-Hedgecock). John Caleb-Hopkins characterises Phyllis as a faux housewife because of her rejection of the domestic, her utilisation of the role to further her agency, and her method of deception via gender performance. It is “faux” because she plays the role as a means to achieve her monetary or material desires. When Phyllis first meets Walter she plays up the housewife routine because she immediately recognises his potential utility for her. The house is not a space in which she belongs but a space she can utilise to further her agency and so she devises a plan to dethrone and remove the patriarch from his position within the home. Walter, as the last patriarchal figure in her vicinity to interfere with the pursuit of her desire, must be killed as well. Beatrice-Joanna’s masquerade of femininity (“there was a visor / O’er that cunning face” [5.3.46-7]) and her performance as a chaste virgin to please Alsemero, suggests that she possesses an ineffaceable knowledge that femininity is a construction that women put on for men. Having surrendered her virginity to DeFlores prior to marrying Alsemero, she agonises that he will find out: “Never was bride so fearfully distressed […] There’s no venturing / Into his bed […] Without my shame” (4.1.2-13). Fortunately, she discovers a manuscript (the Book of Experiments) that documents “How to know whether a woman be a maid or not” (4.1.41). Having discovered the book and potions, Beatrice-Joanna persuades her waiting-woman Diaphanta to take the potions so that she can witness its effects and mimic them as necessary. Thus instructed, Beatrice-Joanna is equipped with the ability to feign the symptoms of virginity, which leads us to the notion of female masquerade as a means to evade the male gaze by feigning virtue and thus retaining her status as desirable to men. Her masquerade conceals her sexual experience and hides the truth of female deceitfulness from the men in the play, which makes manifest the theme of women’s unknowability. 2. Femme Fatale versus Femme AttrappeThe original source of the femme fatale is the dark half of the dualistic concept of the Eternal Feminine: the Mary/Eve dichotomy (Allen). In film noir, the female characters fall into one of two categories—the femme fatale or woman as redeemer. Unlike the femme fatale, the femme attrappe is the known, familiar and comfortable other, who is juxtaposed to the unknown, devious and deceptive other. According to Jans Wager both women are trapped by patriarchal authority—the femme fatale by her resistance and the good wife by her acquiescence. These two women invariably appear side-by-side in order to demonstrate acceptable womanhood in the case of the femme attrappe and dangerous and unacceptable displays of femininity in the case of the femme fatale. In Double Indemnity, Phyllis is an obvious example of the latter. She flirts brazenly with Walter while introducing the idea of insuring her husband and when he finally kills her husband, she stares unflinchingly ahead and continues driving, showing very little remorse after the murder. Lola (Phyllis’s step-daughter and the film’s femme attrappe) functions as a foil to Phyllis. “Lola’s narrative purpose is to provide a female character to contrast with Phyllis to further depict her femininity as bad […] The more Lola is emphatically stressed as victim through Walter’s narration, the more vilified Phyllis is” (Caleb-Hopkins). Lola presents a type of femininity that patriarchy approves of and necessitates. Phyllis is the antithesis to this because her sexuality is provocative and open and she uses it to manipulate those around her (Caleb-Hopkins). It is Lola who eventually tells Walter that Phyllis murdered her mother and that her former boyfriend Nino has been spotted at Phyllis’s house most nights. This leads Walter to conclude, logically, that she is arranging for Nino to kill him as well (Maxfield). The Renaissance subplot heroine has been juxtaposed, here, with the deadly woman at the center of the play, thus supporting a common structural trope of the film noir genre in which the femme attrappe and femme fatale exist alongside each other. In The Changeling, Isabella and Beatrice-Joanna occupy these positions respectively. In the play’s subplot, Alibius employs his servant Lollio to watch over his wife Isabella while he is away and, ironically, it is Lollio himself who attempts to seduce Isabella. He offers himself to her as a “most shrewd temptation” (1.2.57); however, unlike Beatrice-Joanna, who engages in a lascivious affair with another man, Isabella remains faithful to her husband. In so doing, Beatrice-Joanna’s status as a femme fatale is exemplified. She is represented as a woman who cannot control her desires and will resort to any and all means necessary to get what she wants. 3. The Femme Fatale’s Demise The femme fatale is characterised by the two-fold possession of desire: desire for autonomy and self-government and the desire for death. Her quest for freedom, which is only available in death, explains the femme fatale’s desire to self-destruct in these plays, which guarantees that she will never deviate from the course she alighted on even if that path leads inevitably to her demise. According to Elizabeth Bronfen, “the choice between freedom and death inevitably requires that one choose death because there you show that you have freedom of choice. She undertakes an act that allows her to choose death as a way of choosing real freedom by turning the inevitability of her fate into her responsibility” (2004).The femme fatale will never show her true intentions to anyone, especially not the hero she has inveigled, even if it entails his and her own death (Bronfen). In Double Indemnity, Phyllis, by choosing not to shoot Walter the second time, performs an act in which she actively accepts her own fallibility: “I never loved you Walter. Not you or anybody else. I’m rotten to the heart. I used you just as you said. That’s all you ever meant to me. Until a minute ago, when I couldn’t fire that second shot.” This is similarly the case with Beatrice-Joanna who, only at the very end, admits to the murder of Alonzo—“Your love has made me / A cruel murd’ress” (5.3.64-5)—in order to get the man she wanted. According to Bronfen, the femme fatale turns what is inevitable into a source of power. She does not contest the murder charge because a guilty verdict and punishment of death will grant her the freedom she has sought unwaveringly since the beginning of the play. Both Beatrice-Joanna and Phyllis apprehend that there is no appropriate outlet for their unabashed independence. Their unions, with Alsemero and Walter respectively, will nevertheless require their subjection in the patriarchal institution of monogamous marriage. The destruction of the sanctity of marriage in Double Indemnity and The Changeling inevitably results in placing the relationship of the lovers under strain, beyond the boundaries of conventional moral law, to the extent that the adulterous relationship becomes an impossibility that invariably results in the mutual destruction of both parties. ConclusionThe plays of the Elizabethan and Jacobean period, like the noir films of the 1940s and 50s, lament a lost past when women accepted their subordination without reproach and anxiously anticipated a future in which women refused submission to men and masculine forms of authority (Born-Lechleitner). While the femme fatale is commonly associated with the noir era, this article has argued that a series of historical factors and socio-cultural anxieties in the Renaissance period allow for a re-imagined reading of the femme fatale on the Elizabethan and Jacobean stage. In The Changeling, Middleton and Rowley foreground contemporary cultural anxieties by fleshing out the lusty details that confirm Beatrice-Joanna’s status a female villainess. Throughout the play we come to understand the ideologies that dictate the manner of her representation. That is, early modern anxieties regarding the independent, sexually appetitive woman manifested in representations of a female figure on the Renaissance stage who can be re-imagined as a femme fatale.ReferencesAllen, Virginia M. The Femme Fatale: Erotic Icon. New York: Whitson Publishing Company, 1983. Born-Lechleitner, Ilse. The Motif of Adultery in Elizabethan, Jacobean, and Caroline Tragedy. New York: Edwin Hellen Press, 1995.Braun, Heather. The Rise and Fall of the Femme Fatale in British Literature, 1790-1910. Madison, NJ: Fairleigh Dickinson UP, 2012. Bronfen, Elizabeth. “Femme Fatale: Negotiations of Tragic Desire.” New Literary History 35.1 (2004): 103–16. Caleb-Hopkins, John. “There’s No Place like Home … Anymore: Domestic Masquerade and Faux-Housewife Femme Fatale in Barbara Stanwyck’s Early 1940s Films.” Masters thesis. Canada: Carleton University, 2014.Damico, James. “Film Noir: A Modest Proposal.” Film Noir Reader. Eds. Alain Silver and James Ursini. New York: Limelight, 1996.Double Indemnity. Billy Wilder. Paramount Pictures, 1944.Haber, Judith. “I(t) Could Not Choose But Follow: Erotic Logic in The Changeling.” Representations 81.18 (2003): 79–98. Harvey, Sylivia. “Woman’s Place: The Absent Family of Film Noir.” Women in Film Noir. Ed. A. Kaplan. London: British Film Institute, 1978. Irigaray, Luce. The Sex Which Is Not One. Ithaca, NY: Cornell UP, 1985.Lee-Hedgecock, Jennifer. The Sexual Threat and Danger of the Femme Fatale in Victorian Literature. East Lansing, MI: Michigan State UP, 2005. Montrose, Louis. The Subject of Elizabeth: Authority, Gender, and Representation. Chicago: U of Chicago P, 2006.Maxfield, James F. The Fatal Woman: Sources of Male Anxiety in American Film Noir. Madison, NJ: Fairleigh Dickinson UP, 1996.Praz, Mario. The Romantic Agony. Oxford: Oxford UP, 1951 [1933]. Stott, Rebecca. The Fabrication of the Late-Victorian Femme Fatale. London: Macmillan Press, 1992.Wager, Jans B. Dangerous Dames: Women and Representation in the Weimar Street Film and Film Noir. Athens, OH: Ohio UP, 1999.
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Deck, Andy. „Treadmill Culture“. M/C Journal 6, Nr. 2 (01.04.2003). http://dx.doi.org/10.5204/mcj.2157.

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Since the first days of the World Wide Web, artists like myself have been exploring the new possibilities of network interactivity. Some good tools and languages have been developed and made available free for the public to use. This has empowered individuals to participate in the media in ways that are quite remarkable. Nonetheless, the future of independent media is clouded by legal, regulatory, and organisational challenges that need to be addressed. It is not clear to what extent independent content producers will be able to build upon the successes of the 90s – it is yet to be seen whether their efforts will be largely nullified by the anticyclones of a hostile media market. Not so long ago, American news magazines were covering the Browser War. Several real wars later, the terms of surrender are becoming clearer. Now both of the major Internet browsers are owned by huge media corporations, and most of the states (and Reagan-appointed judges) that were demanding the break-up of Microsoft have given up. A curious about-face occurred in U.S. Justice Department policy when John Ashcroft decided to drop the federal case. Maybe Microsoft's value as a partner in covert activity appealed to Ashcroft more than free competition. Regardless, Microsoft is now turning its wrath on new competitors, people who are doing something very, very bad: sharing the products of their own labour. This practice of sharing source code and building free software infrastructure is epitomised by the continuing development of Linux. Everything in the Linux kernel is free, publicly accessible information. As a rule, the people building this "open source" operating system software believe that maintaining transparency is important. But U.S. courts are not doing much to help. In a case brought by the Motion Picture Association of America against Eric Corley, a federal district court blocked the distribution of source code that enables these systems to play DVDs. In addition to censoring Corley's journal, the court ruled that any programmer who writes a program that plays a DVD must comply with a host of license restrictions. In short, an established and popular media format (the DVD) cannot be used under open source operating systems without sacrificing the principle that software source code should remain in the public domain. Should the contents of operating systems be tightly guarded secrets, or subject to public review? If there are capable programmers willing to create good, free operating systems, should the law stand in their way? The question concerning what type of software infrastructure will dominate personal computers in the future is being answered as much by disappointing legal decisions as it is by consumer choice. Rather than ensuring the necessary conditions for innovation and cooperation, the courts permit a monopoly to continue. Rather than endorsing transparency, secrecy prevails. Rather than aiming to preserve a balance between the commercial economy and the gift-economy, sharing is being undermined by the law. Part of the mystery of the Internet for a lot of newcomers must be that it seems to disprove the old adage that you can't get something for nothing. Free games, free music, free pornography, free art. Media corporations are doing their best to change this situation. The FBI and trade groups have blitzed the American news media with alarmist reports about how children don't understand that sharing digital information is a crime. Teacher Gail Chmura, the star of one such media campaign, says of her students, "It's always been interesting that they don't see a connection between the two. They just don't get it" (Hopper). Perhaps the confusion arises because the kids do understand that digital duplication lets two people have the same thing. Theft is at best a metaphor for the copying of data, because the original is not stolen in the same sense as a material object. In the effort to liken all copying to theft, legal provisions for the fair use of intellectual property are neglected. Teachers could just as easily emphasise the importance of sharing and the development of an electronic commons that is free for all to use. The values advanced by the trade groups are not beyond question and are not historical constants. According to Donald Krueckeberg, Rutgers University Professor of Urban Planning, native Americans tied the concept of property not to ownership but to use. "One used it, one moved on, and use was shared with others" (qtd. in Batt). Perhaps it is necessary for individuals to have dominion over some private data. But who owns the land, wind, sun, and sky of the Internet – the infrastructure? Given that publicly-funded research and free software have been as important to the development of the Internet as have business and commercial software, it is not surprising that some ambiguity remains about the property status of the dataverse. For many the Internet is as much a medium for expression and the interplay of languages as it is a framework for monetary transaction. In the case involving DVD software mentioned previously, there emerged a grass-roots campaign in opposition to censorship. Dozens of philosophical programmers and computer scientists asserted the expressive and linguistic bases of software by creating variations on the algorithm needed to play DVDs. The forbidden lines of symbols were printed on T-shirts, translated into different computer languages, translated into legal rhetoric, and even embedded into DNA and pictures of MPAA president Jack Valenti (see e.g. Touretzky). These efforts were inspired by a shared conviction that important liberties were at stake. Supporting the MPAA's position would do more than protect movies from piracy. The use of the algorithm was not clearly linked to an intent to pirate movies. Many felt that outlawing the DVD algorithm, which had been experimentally developed by a Norwegian teenager, represented a suppression of gumption and ingenuity. The court's decision rejected established principles of fair use, denied the established legality of reverse engineering software to achieve compatibility, and asserted that journalists and scientists had no right to publish a bit of code if it might be misused. In a similar case in April 2000, a U.S. court of appeals found that First Amendment protections did apply to software (Junger). Noting that source code has both an expressive feature and a functional feature, this court held that First Amendment protection is not reserved only for purely expressive communication. Yet in the DVD case, the court opposed this view and enforced the inflexible demands of the Digital Millennium Copyright Act. Notwithstanding Ted Nelson's characterisation of computers as literary machines, the decision meant that the linguistic and expressive aspects of software would be subordinated to other concerns. A simple series of symbols were thereby cast under a veil of legal secrecy. Although they were easy to discover, and capable of being committed to memory or translated to other languages, fair use and other intuitive freedoms were deemed expendable. These sorts of legal obstacles are serious challenges to the continued viability of free software like Linux. The central value proposition of Linux-based operating systems – free, open source code – is threatening to commercial competitors. Some corporations are intent on stifling further development of free alternatives. Patents offer another vulnerability. The writing of free software has become a minefield of potential patent lawsuits. Corporations have repeatedly chosen to pursue patent litigation years after the alleged infringements have been incorporated into widely used free software. For example, although it was designed to avoid patent problems by an array of international experts, the image file format known as JPEG (Joint Photographic Experts Group) has recently been dogged by patent infringement charges. Despite good intentions, low-budget initiatives and ad hoc organisations are ill equipped to fight profiteering patent lawsuits. One wonders whether software innovation is directed more by lawyers or computer scientists. The present copyright and patent regimes may serve the needs of the larger corporations, but it is doubtful that they are the best means of fostering software innovation and quality. Orwell wrote in his Homage to Catalonia, There was a new rule that censored portions of the newspaper must not be left blank but filled up with other matter; as a result it was often impossible to tell when something had been cut out. The development of the Internet has a similar character: new diversions spring up to replace what might have been so that the lost potential is hardly felt. The process of retrofitting Internet software to suit ideological and commercial agendas is already well underway. For example, Microsoft has announced recently that it will discontinue support for the Java language in 2004. The problem with Java, from Microsoft's perspective, is that it provides portable programming tools that work under all operating systems, not just Windows. With Java, programmers can develop software for the large number of Windows users, while simultaneously offering software to users of other operating systems. Java is an important piece of the software infrastructure for Internet content developers. Yet, in the interest of coercing people to use only their operating systems, Microsoft is willing to undermine thousands of existing Java-language projects. Their marketing hype calls this progress. The software industry relies on sales to survive, so if it means laying waste to good products and millions of hours of work in order to sell something new, well, that's business. The consequent infrastructure instability keeps software developers, and other creative people, on a treadmill. From Progressive Load by Andy Deck, artcontext.org/progload As an Internet content producer, one does not appeal directly to the hearts and minds of the public; one appeals through the medium of software and hardware. Since most people are understandably reluctant to modify the software running on their computers, the software installed initially is a critical determinant of what is possible. Unconventional, independent, and artistic uses of the Internet are diminished when the media infrastructure is effectively established by decree. Unaccountable corporate control over infrastructure software tilts the playing field against smaller content producers who have neither the advance warning of industrial machinations, nor the employees and resources necessary to keep up with a regime of strategic, cyclical obsolescence. It seems that independent content producers must conform to the distribution technologies and content formats favoured by the entertainment and marketing sectors, or else resign themselves to occupying the margins of media activity. It is no secret that highly diversified media corporations can leverage their assets to favour their own media offerings and confound their competitors. Yet when media giants AOL and Time-Warner announced their plans to merge in 2000, the claim of CEOs Steve Case and Gerald Levin that the merged companies would "operate in the public interest" was hardly challenged by American journalists. Time-Warner has since fought to end all ownership limits in the cable industry; and Case, who formerly championed third-party access to cable broadband markets, changed his tune abruptly after the merger. Now that Case has been ousted, it is unclear whether he still favours oligopoly. According to Levin, global media will be and is fast becoming the predominant business of the 21st century ... more important than government. It's more important than educational institutions and non-profits. We're going to need to have these corporations redefined as instruments of public service, and that may be a more efficient way to deal with society's problems than bureaucratic governments. Corporate dominance is going to be forced anyhow because when you have a system that is instantly available everywhere in the world immediately, then the old-fashioned regulatory system has to give way (Levin). It doesn't require a lot of insight to understand that this "redefinition," this slight of hand, does not protect the public from abuses of power: the dissolution of the "old-fashioned regulatory system" does not serve the public interest. From Lexicon by Andy Deck, artcontext.org/lexicon) As an artist who has adopted telecommunications networks and software as his medium, it disappoints me that a mercenary vision of electronic media's future seems to be the prevailing blueprint. The giantism of media corporations, and the ongoing deregulation of media consolidation (Ahrens), underscore the critical need for independent media sources. If it were just a matter of which cola to drink, it would not be of much concern, but media corporations control content. In this hyper-mediated age, content – whether produced by artists or journalists – crucially affects what people think about and how they understand the world. Content is not impervious to the software, protocols, and chicanery that surround its delivery. It is about time that people interested in independent voices stop believing that laissez faire capitalism is building a better media infrastructure. The German writer Hans Magnus Enzensberger reminds us that the media tyrannies that affect us are social products. The media industry relies on thousands of people to make the compromises necessary to maintain its course. The rapid development of the mind industry, its rise to a key position in modern society, has profoundly changed the role of the intellectual. He finds himself confronted with new threats and new opportunities. Whether he knows it or not, whether he likes it or not, he has become the accomplice of a huge industrial complex which depends for its survival on him, as he depends on it for his own. He must try, at any cost, to use it for his own purposes, which are incompatible with the purposes of the mind machine. What it upholds he must subvert. He may play it crooked or straight, he may win or lose the game; but he would do well to remember that there is more at stake than his own fortune (Enzensberger 18). Some cultural leaders have recognised the important role that free software already plays in the infrastructure of the Internet. Among intellectuals there is undoubtedly a genuine concern about the emerging contours of corporate, global media. But more effective solidarity is needed. Interest in open source has tended to remain superficial, leading to trendy, cosmetic, and symbolic uses of terms like "open source" rather than to a deeper commitment to an open, public information infrastructure. Too much attention is focussed on what's "cool" and not enough on the road ahead. Various media specialists – designers, programmers, artists, and technical directors – make important decisions that affect the continuing development of electronic media. Many developers have failed to recognise (or care) that their decisions regarding media formats can have long reaching consequences. Web sites that use media formats which are unworkable for open source operating systems should be actively discouraged. Comparable technologies are usually available to solve compatibility problems. Going with the market flow is not really giving people what they want: it often opposes the work of thousands of activists who are trying to develop open source alternatives (see e.g. Greene). Average Internet users can contribute to a more innovative, free, open, and independent media – and being conscientious is not always difficult or unpleasant. One project worthy of support is the Internet browser Mozilla. Currently, many content developers create their Websites so that they will look good only in Microsoft's Internet Explorer. While somewhat understandable given the market dominance of Internet Explorer, this disregard for interoperability undercuts attempts to popularise standards-compliant alternatives. Mozilla, written by a loose-knit group of activists and programmers (some of whom are paid by AOL/Time-Warner), can be used as an alternative to Microsoft's browser. If more people use Mozilla, it will be harder for content providers to ignore the way their Web pages appear in standards-compliant browsers. The Mozilla browser, which is an open source initiative, can be downloaded from http://www.mozilla.org/. While there are many people working to create real and lasting alternatives to the monopolistic and technocratic dynamics that are emerging, it takes a great deal of cooperation to resist the media titans, the FCC, and the courts. Oddly enough, corporate interests sometimes overlap with those of the public. Some industrial players, such as IBM, now support open source software. For them it is mostly a business decision. Frustrated by the coercive control of Microsoft, they support efforts to develop another operating system platform. For others, including this writer, the open source movement is interesting for the potential it holds to foster a more heterogeneous and less authoritarian communications infrastructure. Many people can find common cause in this resistance to globalised uniformity and consolidated media ownership. The biggest challenge may be to get people to believe that their choices really matter, that by endorsing certain products and operating systems and not others, they can actually make a difference. But it's unlikely that this idea will flourish if artists and intellectuals don't view their own actions as consequential. There is a troubling tendency for people to see themselves as powerless in the face of the market. This paralysing habit of mind must be abandoned before the media will be free. Works Cited Ahrens, Frank. "Policy Watch." Washington Post (23 June 2002): H03. 30 March 2003 <http://www.washingtonpost.com/ac2/wp-dyn/A27015-2002Jun22?la... ...nguage=printer>. Batt, William. "How Our Towns Got That Way." 7 Oct. 1996. 31 March 2003 <http://www.esb.utexas.edu/drnrm/WhatIs/LandValue.htm>. Chester, Jeff. "Gerald Levin's Negative Legacy." Alternet.org 6 Dec. 2001. 5 March 2003 <http://www.democraticmedia.org/resources/editorials/levin.php>. Enzensberger, Hans Magnus. "The Industrialisation of the Mind." Raids and Reconstructions. London: Pluto Press, 1975. 18. Greene, Thomas C. "MS to Eradicate GPL, Hence Linux." 25 June 2002. 5 March 2003 <http://www.theregus.com/content/4/25378.php>. Hopper, D. Ian. "FBI Pushes for Cyber Ethics Education." Associated Press 10 Oct. 2000. 29 March 2003 <http://www.billingsgazette.com/computing/20001010_cethics.php>. Junger v. Daley. U.S. Court of Appeals for 6th Circuit. 00a0117p.06. 2000. 31 March 2003 <http://pacer.ca6.uscourts.gov/cgi-bin/getopn.pl?OPINION=00a0... ...117p.06>. Levin, Gerald. "Millennium 2000 Special." CNN 2 Jan. 2000. Touretzky, D. S. "Gallery of CSS Descramblers." 2000. 29 March 2003 <http://www.cs.cmu.edu/~dst/DeCSS/Gallery>. Links http://artcontext.org/lexicon/ http://artcontext.org/progload http://pacer.ca6.uscourts.gov/cgi-bin/getopn.pl?OPINION=00a0117p.06 http://www.billingsgazette.com/computing/20001010_cethics.html http://www.cs.cmu.edu/~dst/DeCSS/Gallery http://www.democraticmedia.org/resources/editorials/levin.html http://www.esb.utexas.edu/drnrm/WhatIs/LandValue.htm http://www.mozilla.org/ http://www.theregus.com/content/4/25378.html http://www.washingtonpost.com/ac2/wp-dyn/A27015-2002Jun22?language=printer Citation reference for this article Substitute your date of access for Dn Month Year etc... MLA Style Deck, Andy. "Treadmill Culture " M/C: A Journal of Media and Culture< http://www.media-culture.org.au/0304/04-treadmillculture.php>. APA Style Deck, A. (2003, Apr 23). Treadmill Culture . M/C: A Journal of Media and Culture, 6,< http://www.media-culture.org.au/0304/04-treadmillculture.php>
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Newman, James. „Save the Videogame! The National Videogame Archive: Preservation, Supersession and Obsolescence“. M/C Journal 12, Nr. 3 (15.07.2009). http://dx.doi.org/10.5204/mcj.167.

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Introduction In October 2008, the UK’s National Videogame Archive became a reality and after years of negotiation, preparation and planning, this partnership between Nottingham Trent University’s Centre for Contemporary Play research group and The National Media Museum, accepted its first public donations to the collection. These first donations came from Sony’s Computer Entertainment Europe’s London Studios who presented the original, pre-production PlayStation 2 EyeToy camera (complete with its hand-written #1 sticker) and Harmonix who crossed the Atlantic to deliver prototypes of the Rock Band drum kit and guitar controllers along with a slew of games. Since then, we have been inundated with donations, enquiries and volunteers offering their services and it is clear that we have exciting and challenging times ahead of us at the NVA as we seek to continue our collecting programme and preserve, conserve, display and interpret these vital parts of popular culture. This essay, however, is not so much a document of these possible futures for our research or the challenges we face in moving forward as it is a discussion of some of the issues that make game preservation a vital and timely undertaking. In briefly telling the story of the genesis of the NVA, I hope to draw attention to some of the peculiarities (in both senses) of the situation in which videogames currently exist. While considerable attention has been paid to the preservation and curation of new media arts (e.g. Cook et al.), comparatively little work has been undertaken in relation to games. Surprisingly, the games industry has been similarly neglectful of the histories of gameplay and gamemaking. Throughout our research, it has became abundantly clear that even those individuals and companies most intimately associated with the development of this form, do not hold their corporate and personal histories in the high esteem we expected (see also Lowood et al.). And so, despite the well-worn bluster of an industry that proclaims itself as culturally significant as Hollywood, it is surprisingly difficult to find a definitive copy of the boxart of the final release of a Triple-A title let alone any of the pre-production materials. Through our journeys in the past couple of years, we have encountered shoeboxes under CEOs’ desks and proud parents’ collections of tapes and press cuttings. These are the closest things to a formalised archive that we currently have for many of the biggest British game development and publishing companies. Not only is this problematic in and of itself as we run the risk of losing titles and documents forever as well as the stories locked up in the memories of key individuals who grow ever older, but also it is symptomatic of an industry that, despite its public proclamations, neither places a high value on its products as popular culture nor truly recognises their impact on that culture. While a few valorised, still-ongoing, franchises like the Super Mario and Legend of Zelda series are repackaged and (digitally) re-released so as to provide continuity with current releases, a huge number of games simply disappear from view once their short period of retail limelight passes. Indeed, my argument in this essay rests to some extent on the admittedly polemical, and maybe even antagonistic, assertion that the past business and marketing practices of the videogames industry are partly to blame for the comparatively underdeveloped state of game preservation and the seemingly low cultural value placed on old games within the mainstream marketplace. Small wonder, then, that archives and formalised collections are not widespread. However antagonistic this point may seem, this essay does not set out merely to criticise the games industry. Indeed, it is important to recognise that the success and viability of projects such as the NVA is derived partly from close collaboration with industry partners. As such, it is my hope that in addition to contributing to the conversation about the importance and need for formalised strategies of game preservation, this essay goes some way to demonstrating the necessity of universities, museums, developers, publishers, advertisers and retailers tackling these issues in partnership. The Best Game Is the Next Game As will be clear from these opening paragraphs, this essay is primarily concerned with ‘old’ games. Perhaps surprisingly, however, we shall see that ‘old’ games are frequently not that old at all as even the shiniest, and newest of interactive experiences soon slip from view under the pressure of a relentless industrial and institutional push towards the forthcoming release and the ‘next generation’. More surprising still is that ‘old’ games are often difficult to come by as they occupy, at best, a marginalised position in the contemporary marketplace, assuming they are even visible at all. This is an odd situation. Videogames are, as any introductory primer on game studies will surely reveal, big business (see Kerr, for instance, as well as trade bodies such as ELSPA and The ESA for up-to-date sales figures). Given the videogame industry seems dedicated to growing its business and broadening its audiences (see Radd on Sony’s ‘Game 3.0’ strategy, for instance), it seems strange, from a commercial perspective if no other, that publishers’ and developers’ back catalogues are not being mercilessly plundered to wring the last pennies of profit from their IPs. Despite being cherished by players and fans, some of whom are actively engaged in their own private collecting and curation regimes (sometimes to apparently obsessive excess as Jones, among others, has noted), videogames have, nonetheless, been undervalued as part of our national popular cultural heritage by institutions of memory such as museums and archives which, I would suggest, have largely ignored and sometimes misunderstood or misrepresented them. Most of all, however, I wish to draw attention to the harm caused by the videogames industry itself. Consumers’ attentions are focused on ‘products’, on audiovisual (but mainly visual) technicalities and high-definition video specs rather than on the experiences of play and performance, or on games as artworks or artefact. Most damagingly, however, by constructing and contributing to an advertising, marketing and popular critical discourse that trades almost exclusively in the language of instant obsolescence, videogames have been robbed of their historical value and old platforms and titles are reduced to redundant, legacy systems and easily-marginalised ‘retro’ curiosities. The vision of inevitable technological progress that the videogames industry trades in reminds us of Paul Duguid’s concept of ‘supersession’ (see also Giddings and Kennedy, on the ‘technological imaginary’). Duguid identifies supersession as one of the key tropes in discussions of new media. The reductive idea that each new form subsumes and replaces its predecessor means that videogames are, to some extent, bound up in the same set of tensions that undermine the longevity of all new media. Chun rightly notes that, in contrast with more open terms like multimedia, ‘new media’ has always been somewhat problematic. Unaccommodating, ‘it portrayed other media as old or dead; it converged rather than multiplied; it did not efface itself in favor of a happy if redundant plurality’ (1). The very newness of new media and of videogames as the apotheosis of the interactivity and multimodality they promise (Newman, "In Search"), their gleam and shine, is quickly tarnished as they are replaced by ever-newer, ever more exciting, capable and ‘revolutionary’ technologies whose promise and moment in the limelight is, in turn, equally fleeting. As Franzen has noted, obsolescence and the trail of abandoned, superseded systems is a natural, even planned-for, product of an infatuation with the newness of new media. For Kline et al., the obsession with obsolescence leads to the characterisation of the videogames industry as a ‘perpetual innovation economy’ whose institutions ‘devote a growing share of their resources to the continual alteration and upgrading of their products. However, it is my contention here that the supersessionary tendency exerts a more serious impact on videogames than some other media partly because the apparently natural logic of obsolescence and technological progress goes largely unchecked and partly because there remain few institutions dedicated to considering and acting upon game preservation. The simple fact, as Lowood et al. have noted, is that material damage is being done as a result of this manufactured sense of continual progress and immediate, irrefutable obsolescence. By focusing on the upcoming new release and the preview of what is yet to come; by exciting gamers about what is in development and demonstrating the manifest ways in which the sheen of the new inevitably tarnishes the old. That which is replaced is fit only for the bargain bin or the budget-priced collection download, and as such, it is my position that we are systematically undermining and perhaps even eradicating the possibility of a thorough and well-documented history for videogames. This is a situation that we at the National Videogame Archive, along with colleagues in the emerging field of game preservation (e.g. the International Game Developers Association Game Preservation Special Interest Group, and the Keeping Emulation Environments Portable project) are, naturally, keen to address. Chief amongst our concerns is better understanding how it has come to be that, in 2009, game studies scholars and colleagues from across the memory and heritage sectors are still only at the beginning of the process of considering game preservation. The IGDA Game Preservation SIG was founded only five years ago and its ‘White Paper’ (Lowood et al.) is just published. Surprisingly, despite the importance of videogames within popular culture and the emergence and consolidation of the industry as a potent creative force, there remains comparatively little academic commentary or investigation into the specific situation and life-cycles of games or the demands that they place upon archivists and scholars of digital histories and cultural heritage. As I hope to demonstrate in this essay, one of the key tasks of the project of game preservation is to draw attention to the consequences of the concentration, even fetishisation, of the next generation, the new and the forthcoming. The focus on what I have termed ‘the lure of the imminent’ (e.g. Newman, Playing), the fixation on not only the present but also the as-yet-unreleased next generation, has contributed to the normalisation of the discourses of technological advancement and the inevitability and finality of obsolescence. The conflation of gameplay pleasure and cultural import with technological – and indeed, usually visual – sophistication gives rise to a context of endless newness, within which there appears to be little space for the ‘outdated’, the ‘superseded’ or the ‘old’. In a commercial and cultural space in which so little value is placed upon anything but the next game, we risk losing touch with the continuities of development and the practices of play while simultaneously robbing players and scholars of the critical tools and resources necessary for contextualised appreciation and analysis of game form and aesthetics, for instance (see Monnens, "Why", for more on the value of preserving ‘old’ games for analysis and scholarship). Moreover, we risk losing specific games, platforms, artefacts and products as they disappear into the bargain bucket or crumble to dust as media decay, deterioration and ‘bit rot’ (Monnens, "Losing") set in. Space does not here permit a discussion of the scope and extent of the preservation work required (for instance, the NVA sets its sights on preserving, documenting, interpreting and exhibiting ‘videogame culture’ in its broadest sense and recognises the importance of videogames as more than just code and as enmeshed within complex networks of productive, consumptive and performative practices). Neither is it my intention to discuss here the specific challenges and numerous issues associated with archival and exhibition tools such as emulation which seek to rebirth code on up-to-date, manageable, well-supported hardware platforms but which are frequently insensitive to the specificities and nuances of the played experience (see Newman, "On Emulation", for some further notes on videogame emulation, archiving and exhibition and Takeshita’s comments in Nutt on the technologies and aesthetics of glitches, for instance). Each of these issues is vitally important and will, doubtless become a part of the forthcoming research agenda for game preservation scholars. My focus here, however, is rather more straightforward and foundational and though it is deliberately controversial, it is my hope that its casts some light over some ingrained assumptions about videogames and the magnitude and urgency of the game preservation project. Videogames Are Disappearing? At a time when retailers’ shelves struggle under the weight of newly-released titles and digital distribution systems such as Steam, the PlayStation Network, Xbox Live Marketplace, WiiWare, DSiWare et al bring new ways to purchase and consume playable content, it might seem strange to suggest that videogames are disappearing. In addition to what we have perhaps come to think of as the ‘usual suspects’ in the hardware and software publishing marketplace, over the past year or so Apple have, unexpectedly and perhaps even surprising themselves, carved out a new gaming platform with the iPhone/iPod Touch and have dramatically simplified the notoriously difficult process of distributing mobile content with the iTunes App Store. In the face of this apparent glut of games and the emergence and (re)discovery of new markets with the iPhone, Wii and Nintendo DS, videogames seem an ever more a vital and visible part of popular culture. Yet, for all their commercial success and seemingly penetration the simple fact is that they are disappearing. And at an alarming rate. Addressing the IGDA community of game developers and producers, Henry Lowood makes the point with admirable clarity (see also Ruggill and McAllister): If we fail to address the problems of game preservation, the games you are making will disappear, perhaps within a few decades. You will lose access to your own intellectual property, you will be unable to show new developers the games you designed or that inspired you, and you may even find it necessary to re-invent a bunch of wheels. (Lowood et al. 1) For me, this point hit home most persuasively a few years ago when, along with Iain Simons, I was invited by the British Film Institute to contribute a book to their ‘Screen Guides’ series. 100 Videogames (Newman and Simons) was an intriguing prospect that provided us with the challenge and opportunity to explore some of the key moments in videogaming’s forty year history. However, although the research and writing processes proved to be an immensely pleasurable and rewarding experience that we hope culminated in an accessible, informative volume offering insight into some well-known (and some less-well known) games, the project was ultimately tinged with a more than a little disappointment and frustration. Assuming our book had successfully piqued the interest of our readers into rediscovering games previously played or perhaps investigating games for the first time, what could they then do? Where could they go to find these games in order to experience their delights (or their flaws and problems) at first hand? Had our volume been concerned with television or film, as most of the Screen Guides are, then online and offline retailers, libraries, and even archives for less widely-available materials, would have been obvious ports of call. For the student of videogames, however, the choices are not so much limited as practically non-existant. It is only comparatively recently that videogame retailers have shifted away from an almost exclusive focus on new releases and the zeitgeist platforms towards a recognition of old games and systems through the creation of the ‘pre-owned’ marketplace. The ‘pre-owned’ transaction is one in which old titles may be traded in for cash or against the purchase of new releases of hardware or software. Surely, then, this represents the commercial viability of classic games and is a recognition on the part of retail that the new release is not the only game in town. Yet, if we consider more carefully the ‘pre-owned’ model, we find a few telling points. First, there is cold economic sense to the pre-owned business model. In their financial statements for FY08, ‘GAME revealed that the service isn’t just a key part of its offer to consumers, but its also represents an ‘attractive’ gross margin 39 per cent.’ (French). Second, and most important, the premise of the pre-owned business as it is communicated to consumers still offers nothing but primacy to the new release. That one would trade-in one’s old games in order to consume these putatively better new ones speaks eloquently in the language of obsolesce and what Dovey and Kennedy have called the ‘technological imaginary’. The wire mesh buckets of old, pre-owned games are not displayed or coded as treasure troves for the discerning or completist collector but rather are nothing more than bargain bins. These are not classic games. These are cheap games. Cheap because they are old. Cheap because they have had their day. This is a curious situation that affects videogames most unfairly. Of course, my caricature of the videogame retailer is still incomplete as a good deal of the instantly visible shopfloor space is dedicated neither to pre-owned nor new releases but rather to displays of empty boxes often sporting unfinalised, sometimes mocked-up, boxart flaunting titles available for pre-order. Titles you cannot even buy yet. In the videogames marketplace, even the present is not exciting enough. The best game is always the next game. Importantly, retail is not alone in manufacturing this sense of dissatisfaction with the past and even the present. The specialist videogames press plays at least as important a role in reinforcing and normalising the supersessionary discourse of instant obsolescence by fixing readers’ attentions and expectations on the just-visible horizon. Examining the pages of specialist gaming publications reveals them to be something akin to Futurist paeans dedicating anything from 70 to 90% of their non-advertising pages to previews, interviews with developers about still-in-development titles (see Newman, Playing, for more on the specialist gaming press’ love affair with the next generation and the NDA scoop). Though a small number of publications specifically address retro titles (e.g. Imagine Publishing’s Retro Gamer), most titles are essentially vehicles to promote current and future product lines with many magazines essentially operating as delivery devices for cover-mounted CDs/DVDs offering teaser videos or playable demos of forthcoming titles to further whet the appetite. Manufacturing a sense of excitement might seem wholly natural and perhaps even desirable in helping to maintain a keen interest in gaming culture but the effect of the imbalance of popular coverage has a potentially deleterious effect on the status of superseded titles. Xbox World 360’s magnificently-titled ‘Anticip–O–Meter’ ™ does more than simply build anticipation. Like regular features that run under headings such as ‘The Next Best Game in The World Ever is…’, it seeks to author not so much excitement about the imminent release but a dissatisfaction with the present with which unfavourable comparisons are inevitably drawn. The current or previous crop of (once new, let us not forget) titles are not simply superseded but rather are reinvented as yardsticks to judge the prowess of the even newer and unarguably ‘better’. As Ashton has noted, the continual promotion of the impressiveness of the next generation requires a delicate balancing act and a selective, institutionalised system of recall and forgetting that recovers the past as a suite of (often technical) benchmarks (twice as many polygons, higher resolution etc.) In the absence of formalised and systematic collecting, these obsoleted titles run the risk of being forgotten forever once they no longer serve the purpose of demonstrating the comparative advancement of the successors. The Future of Videogaming’s Past Even if we accept the myriad claims of game studies scholars that videogames are worthy of serious interrogation in and of themselves and as part of a multifaceted, transmedial supersystem, we might be tempted to think that the lack of formalised collections, archival resources and readily available ‘old/classic’ titles at retail is of no great significance. After all, as Jones has observed, the videogame player is almost primed to undertake this kind of activity as gaming can, at least partly, be understood as the act and art of collecting. Games such as Animal Crossing make this tendency most manifest by challenging their players to collect objects and artefacts – from natural history through to works of visual art – so as to fill the initially-empty in-game Museum’s cases. While almost all videogames from The Sims to Katamari Damacy can be considered to engage their players in collecting and collection management work to some extent, Animal Crossing is perhaps the most pertinent example of the indivisibility of the gamer/archivist. Moreover, the permeability of the boundary between the fan’s collection of toys, dolls, posters and the other treasured objects of merchandising and the manipulation of inventories, acquisitions and equipment lists that we see in the menus and gameplay imperatives of videogames ensures an extensiveness and scope of fan collecting and archival work. Similarly, the sociality of fan collecting and the value placed on private hoarding, public sharing and the processes of research ‘…bridges to new levels of the game’ (Jones 48). Perhaps we should be as unsurprised that their focus on collecting makes videogames similar to eBay as we are to the realisation that eBay with its competitiveness, its winning and losing states, and its inexorable countdown timer, is nothing if not a game? We should be mindful, however, of overstating the positive effects of fandom on the fate of old games. Alongside eBay’s veneration of the original object, p2p and bittorrent sites reduce the videogame to its barest. Quite apart from the (il)legality of emulation and videogame ripping and sharing (see Conley et al.), the existence of ‘ROMs’ and the technicalities of their distribution reveals much about the peculiar tension between the interest in old games and their putative cultural and economic value. (St)ripped down to the barest of code, ROMs deny the gamer the paratextuality of the instruction manual or boxart. In fact, divorced from its context and robbed of its materiality, ROMs perhaps serve to make the original game even more distant. More tellingly, ROMs are typically distributed by the thousand in zipped files. And so, in just a few minutes, entire console back-catalogues – every game released in every territory – are available for browsing and playing on a PC or Mac. The completism of the collections allows detailed scrutiny of differences in Japanese versus European releases, for instance, and can be seen as a vital investigative resource. However, that these ROMs are packaged into collections of many thousands speaks implicitly of these games’ perceived value. In a similar vein, the budget-priced retro re-release collection helps to diminish the value of each constituent game and serves to simultaneously manufacture and highlight the manifestly unfair comparison between these intriguingly retro curios and the legitimately full-priced games of now and next. Customer comments at Amazon.co.uk demonstrate the way in which historical and technological comparisons are now solidly embedded within the popular discourse (see also Newman 2009b). Leaving feedback on Sega’s PS3/Xbox 360 Sega MegaDrive Ultimate Collection customers berate the publisher for the apparently meagre selection of titles on offer. Interestingly, this charge seems based less around the quality, variety or range of the collection but rather centres on jarring technological schisms and a clear sense of these titles being of necessarily and inevitably diminished monetary value. Comments range from outraged consternation, ‘Wtf, only 40 games?’, ‘I wont be getting this as one disc could hold the entire arsenal of consoles and games from commodore to sega saturn(Maybe even Dreamcast’ through to more detailed analyses that draw attention to the number of bits and bytes but that notably neglect any consideration of gameplay, experientiality, cultural significance or, heaven forbid, fun. “Ultimate” Collection? 32Mb of games on a Blu-ray disc?…here are 40 Megadrive games at a total of 31 Megabytes of data. This was taking the Michael on a DVD release for the PS2 (or even on a UMD for the PSP), but for a format that can store 50 Gigabytes of data, it’s an insult. Sega’s entire back catalogue of Megadrive games only comes to around 800 Megabytes - they could fit that several times over on a DVD. The ultimate consequence of these different but complementary attitudes to games that fix attentions on the future and package up decontextualised ROMs by the thousand or even collections of 40 titles on a single disc (selling for less than half the price of one of the original cartridges) is a disregard – perhaps even a disrespect – for ‘old’ games. Indeed, it is this tendency, this dominant discourse of inevitable, natural and unimpeachable obsolescence and supersession, that provided one of the prime motivators for establishing the NVA. As Lowood et al. note in the title of the IGDA Game Preservation SIG’s White Paper, we need to act to preserve and conserve videogames ‘before it’s too late’.ReferencesAshton, D. ‘Digital Gaming Upgrade and Recovery: Enrolling Memories and Technologies as a Strategy for the Future.’ M/C Journal 11.6 (2008). 13 Jun 2009 ‹http://journal.media-culture.org.au/index.php/mcjournal/article/viewArticle/86›.Buffa, C. ‘How to Fix Videogame Journalism.’ GameDaily 20 July 2006. 13 Jun 2009 ‹http://www.gamedaily.com/articles/features/how-to-fix-videogame-journalism/69202/?biz=1›. ———. ‘Opinion: How to Become a Better Videogame Journalist.’ GameDaily 28 July 2006. 13 Jun 2009 ‹http://www.gamedaily.com/articles/features/opinion-how-to-become-a-better-videogame-journalist/69236/?biz=1. ———. ‘Opinion: The Videogame Review – Problems and Solutions.’ GameDaily 2 Aug. 2006. 13 Jun 2009 ‹http://www.gamedaily.com/articles/features/opinion-the-videogame-review-problems-and-solutions/69257/?biz=1›. ———. ‘Opinion: Why Videogame Journalism Sucks.’ GameDaily 14 July 2006. 13 Jun 2009 ‹http://www.gamedaily.com/articles/features/opinion-why-videogame-journalism-sucks/69180/?biz=1›. Cook, Sarah, Beryl Graham, and Sarah Martin eds. Curating New Media, Gateshead: BALTIC, 2002. Duguid, Paul. ‘Material Matters: The Past and Futurology of the Book.’ In Gary Nunberg, ed. The Future of the Book. Berkeley, CA: University of California Press, 1996. 63–101. French, Michael. 'GAME Reveals Pre-Owned Trading Is 18% of Business.’ MCV 22 Apr. 2009. 13 Jun 2009 ‹http://www.mcvuk.com/news/34019/GAME-reveals-pre-owned-trading-is-18-per-cent-of-business›. Giddings, Seth, and Helen Kennedy. ‘Digital Games as New Media.’ In J. Rutter and J. Bryce, eds. Understanding Digital Games. London: Sage. 129–147. Gillen, Kieron. ‘The New Games Journalism.’ Kieron Gillen’s Workblog 2004. 13 June 2009 ‹http://gillen.cream.org/wordpress_html/?page_id=3›. Jones, S. The Meaning of Video Games: Gaming and Textual Strategies, New York: Routledge, 2008. Kerr, A. The Business and Culture of Digital Games. London: Sage, 2006. Lister, Martin, John Dovey, Seth Giddings, Ian Grant and Kevin Kelly. New Media: A Critical Introduction. London and New York: Routledge, 2003. Lowood, Henry, Andrew Armstrong, Devin Monnens, Zach Vowell, Judd Ruggill, Ken McAllister, and Rachel Donahue. Before It's Too Late: A Digital Game Preservation White Paper. IGDA, 2009. 13 June 2009 ‹http://www.igda.org/wiki/images/8/83/IGDA_Game_Preservation_SIG_-_Before_It%27s_Too_Late_-_A_Digital_Game_Preservation_White_Paper.pdf›. Monnens, Devin. ‘Why Are Games Worth Preserving?’ In Before It's Too Late: A Digital Game Preservation White Paper. IGDA, 2009. 13 June 2009 ‹http://www.igda.org/wiki/images/8/83/IGDA_Game_Preservation_SIG_-_Before_It%27s_Too_Late_-_A_Digital_Game_Preservation_White_Paper.pdf›. ———. ‘Losing Digital Game History: Bit by Bit.’ In Before It's Too Late: A Digital Game Preservation White Paper. IGDA, 2009. 13 June 2009 ‹http://www.igda.org/wiki/images/8/83/IGDA_Game_Preservation_SIG_-_Before_It%27s_Too_Late_-_A_Digital_Game_Preservation_White_Paper.pdf›. Newman, J. ‘In Search of the Videogame Player: The Lives of Mario.’ New Media and Society 4.3 (2002): 407-425.———. ‘On Emulation.’ The National Videogame Archive Research Diary, 2009. 13 June 2009 ‹http://www.nationalvideogamearchive.org/index.php/2009/04/on-emulation/›. ———. ‘Our Cultural Heritage – Available by the Bucketload.’ The National Videogame Archive Research Diary, 2009. 10 Apr. 2009 ‹http://www.nationalvideogamearchive.org/index.php/2009/04/our-cultural-heritage-available-by-the-bucketload/›. ———. Playing with Videogames, London: Routledge, 2008. ———, and I. Simons. 100 Videogames. London: BFI Publishing, 2007. Nutt, C. ‘He Is 8-Bit: Capcom's Hironobu Takeshita Speaks.’ Gamasutra 2008. 13 June 2009 ‹http://www.gamasutra.com/view/feature/3752/›. Radd, D. ‘Gaming 3.0. Sony’s Phil Harrison Explains the PS3 Virtual Community, Home.’ Business Week 9 Mar. 2007. 13 June 2009 ‹http://www.businessweek.com/innovate/content/mar2007/id20070309_764852.htm?chan=innovation_game+room_top+stories›. Ruggill, Judd, and Ken McAllister. ‘What If We Do Nothing?’ Before It's Too Late: A Digital Game Preservation White Paper. IGDA, 2009. 13 June 2009. ‹http://www.igda.org/wiki/images/8/83/IGDA_Game_Preservation_SIG_-_Before_It%27s_Too_Late_-_A_Digital_Game_Preservation_White_Paper.pdf›. 16-19.
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Luigi Alini. „Architecture between heteronomy and self-generation“. TECHNE - Journal of Technology for Architecture and Environment, 25.05.2021, 21–32. http://dx.doi.org/10.36253/techne-10977.

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Introduction «I have never worked in the technocratic exaltation, solving a constructive problem and that’s it. I’ve always tried to interpret the space of human life» (Vittorio Garatti). Vittorio Garatti (Milan, April 6, 1927) is certainly one of the last witnesses of one “heroic” season of Italian architecture. In 1957 he graduated in architecture from the Polytechnic of Milan with a thesis proposing the redesign of a portion of the historic centre of Milan: the area between “piazza della Scala”, “via Broletto”, “via Filodrammatici” and the gardens of the former Olivetti building in via Clerici. These are the years in which Ernesto Nathan Rogers established himself as one of the main personalities of Milanese culture. Garatti endorses the criticism expressed by Rogers to the approval of the Rationalist “language” in favour of an architecture that recovers the implications of the place and of material culture. The social responsibility of architecture and connections between architecture and other forms of artistic expression are the invariants of all the activity of the architect, artist and graphic designer of Garatti. It will be Ernesto Nathan Rogers who will offer him the possibility of experiencing these “contaminations” early: in 1954, together with Giuliano Cesari, Raffaella Crespi, Giampiero Pallavicini and Ferruccio Rezzonico, he designs the preparation of the exhibition on musical instruments at the 10th Milan Triennale. The temporary installations will be a privileged area in which Garatti will continue to experiment and integrate the qualities of artist, graphic designer and architect with each other. Significant examples of this approach are the Art Schools in Cuba 1961-63, the residential complex of Cusano Milanino in 1973, the Attico Cosimo del Fante in 1980, the fittings for the Bubasty shops in 1984, the Camogli residence in 1986, his house atelier in Brera in 1988 and the interiors of the Hotel Gallia in 1989. True architecture generates itself1: an approach that was consolidated over the years of collaboration with Raúl Villanueva in Venezuela and is fulfilled in Cuba in the project of the Art Schools, where Garatti makes use of a plurality of tools that cannot be rigidly confined to the world of architecture. In 1957, in Caracas, he came into contact with Ricardo Porro and Roberto Gottardi. Ricardo Porro, who returned to Cuba in 1960, will be the one to involve Vittorio Garatti and Roberto Gottardi in the Escuelas Nacional de Arte project. The three young architects will be the protagonists of a happy season of the architecture of the Revolution, they will be crossed by that “revolutionary” energy that Ricardo Porro has defined as “magical realism”. As Garatti recalls: it was a special moment. We designed the Schools using a method developed in Venezuela. We started from an analysis of the context, understood not only as physical reality. We studied Cuban poets and painters. Wifredo Lam was a great reference. For example, Lezama Lima’s work is clearly recalled in the plan of the School of Ballet. We were pervaded by the spirit of the revolution. The contamination between knowledge and disciplines, the belief that architecture is a “parasitic” discipline are some of the themes at the centre of the conversation that follows, from which a working method that recognizes architecture as a “social transformation” task emerges, more precisely an art with a social purpose. Garatti often cites Porro’s definition of architecture: architecture is the poetic frame within which human life takes place. To Garatti architecture is a self-generating process, and as such it cannot find fulfilment within its disciplinary specificity: the disciplinary autonomy is a contradiction in terms. Architecture cannot be self-referencing, it generates itself precisely because it finds the sense of its social responsibility outside of itself. No concession to trends, to self-referencing, to the “objectification of architecture”, to its spectacularization. Garatti as Eupalino Valery shuns “mute architectures” and instead prefers singing architectures. A Dialogue of Luigi Alini with Vittorio Garatti Luigi Alini. Let’s start with some personal data. Vittorio Garatti. I was born in Milan on April 6, 1927. My friend Emilio Vedova told me that life could be considered as a sequence of encounters with people, places and facts. My sculptor grandfather played an important role in my life. I inherited the ability to perceive the dimensional quality of space, its plasticity, spatial vision from him. L.A. Your youth training took place in a dramatic phase of history of our country. Living in Milan during the war years must not have been easy. V.G. In October 1942 in Milan there was one of the most tragic bombings that the city has suffered. A bomb exploded in front of the Brera Academy, where the Dalmine offices were located. With a group of boys we went to the rooftops. We saw the city from above, with the roofs partially destroyed. I still carry this image inside me, it is part of that museum of memory that Luciano Semerani often talks about. This image probably resurfaced when I designed the ballet school. The idea of a promenade on the roofs to observe the landscape came from this. L.A. You joined the Faculty of Architecture at the Milan Polytechnic in May 1946-47. V.G. Milan and Italy were like in those years. The impact with the University was not positive, I was disappointed with the quality of the studies. L.A. You have had an intense relationship with the artists who gravitate around Brera, which you have always considered very important for your training. V.G. In 1948 I met Ilio Negri, a graphic designer. Also at Brera there was a group of artists (Morlotti, Chighine, Dova, Crippa) who frequented the Caffè Brera, known as “Bar della Titta”. Thanks to these visits I had the opportunity to broaden my knowledge. As you know, I maintain that there are life’s appointments and lightning strikes. The release of Dada magazine provided real enlightenment for me: I discovered the work of Kurt Schwitters, Theo Van Doesburg, the value of the image and three-dimensionality. L.A. You collaborated on several projects with Ilio Negri. V.G. In 1955 we created the graphics of the Lagostina brand, which was then also used for the preparation of the exhibition at the “Fiera Campionaria” in Milan. We also worked together for the Lerici steel industry. There was an extraordinary interaction with Ilio. L.A. The cultural influence of Ernesto Nathan Rogers was strong in the years you studied at the Milan Polytechnic. He influenced the cultural debate by establishing himself as one of the main personalities of the Milanese architectural scene through the activity of the BBPR studio but even more so through the direction of Domus (from ‘46 to ‘47) and Casabella Continuità (from ‘53 to ‘65). V.G. When I enrolled at the university he was not yet a full professor and he was very opposed. As you know, he coined the phrase: God created the architect, the devil created the colleague. In some ways it is a phrase that makes me rethink the words of Ernesto Che Guevara: beware of bureaucrats, because they can delay a revolution for 50 years. Rogers was the man of culture and the old “bureaucratic” apparatus feared that his entry into the University would sanction the end of their “domain”. L.A. In 1954, together with Giuliano Cesari, Raffella Crespi, Giampiero Pallavicini and Ferruccio Rezzonico, all graduating students of the Milan Polytechnic, you designed the staging of the exhibition on musical instruments at the 10th Milan Triennale. V.G. The project for the Exhibition of Musical Instruments at the Milan Triennale was commissioned by Rogers, with whom I subsequently collaborated for the preparation of the graphic part of the Castello Sforzesco Museum, together with Ilio Negri. We were given a very small budget for this project. We decided to prepare a sequence of horizontal planes hanging in a void. These tops also acted as spacers, preventing people from touching the tools. Among those exhibited there were some very valuable ones. We designed slender structures to be covered with rice paper. The solution pleased Rogers very much, who underlined the dialogue that was generated between the exhibited object and the display system. L.A. You graduated on March 14, 1957. V.G. The project theme that I developed for the thesis was the reconstruction of Piazza della Scala. While all the other classmates were doing “lecorbusierani” projects without paying much attention to the context, for my part I worked trying to have a vision of the city. I tried to bring out the specificities of that place with a vision that Ernesto Nathan Rogers had brought me to. I then found this vision of the city in the work of Giuseppe De Finetti. I tried to re-propose a vision of space and its “atmospheres”, a theme that Alberto Savinio also refers to in Listen to your heart city, from 1944. L.A. How was your work received by the thesis commission? V.G. It was judged too “formal” by Emiliano Gandolfi, but Piero Portaluppi did not express himself positively either. The project did not please. Also consider the cultural climate of the University of those years, everyone followed the international style of the CIAM. I was not very satisfied with the evaluation expressed by the commissioners, they said that the project was “Piranesian”, too baroque. The critique of culture rationalist was not appreciated. Only at IUAV was there any great cultural ferment thanks to Bruno Zevi. L.A. After graduation, you left for Venezuela. V.G. With my wife Wanda, in 1957 I joined my parents in Caracas. In Venezuela I got in touch with Paolo Gasparini, an extraordinary Italian photographer, Ricardo Porro and Roberto Gottardi, who came from Venice and had worked in Ernesto Nathan Rogers’ studio in Milan. Ricardo Porro worked in the office of Carlos Raúl Villanueva. The Cuban writer and literary critic Alejo Carpentier also lived in Caracas at that time. L.A. Carlos Raul Villanueva was one of the protagonists of Venezuelan architecture. His critical position in relation to the Modern Movement and the belief that it was necessary to find an “adaptation” to the specificities of local traditions, the characteristics of the places and the Venezuelan environment, I believe, marked your subsequent Cuban experience with the creative recovery of some elements of traditional architecture such as the portico, the patio, but also the use of traditional materials and technologies that you have masterfully reinterpreted. I think we can also add to these “themes” the connections between architecture and plastic arts. You also become a professor of Architectural Design at the Escuela de Arquitectura of the Central University of Caracas. V.G. On this academic experience I will tell you a statement by Porro that struck me very much: The important thing was not what I knew, I did not have sufficient knowledge and experience. What I could pass on to the students was above all a passion. In two years of teaching I was able to deepen, understand things better and understand how to pass them on to students. The Faculty of Architecture had recently been established and this I believe contributed to fuel the great enthusiasm that emerges from the words by Porro. Porro favoured mine and Gottardi’s entry as teachers. Keep in mind that in those years Villanueva was one of the most influential Venezuelan intellectuals and had played a leading role in the transformation of the University. Villanueva was very attentive to the involvement of art in architecture, just think of the magnificent project for the Universidad Central in Caracas, where he worked together with artists such as the sculptor Calder. I had recently graduated and found myself catapulted into academic activity. It was a strange feeling for a young architect who graduated with a minimum grade. At the University I was entrusted with the Architectural Design course. The relationships with the context, the recovery of some elements of tradition were at the centre of the interests developed with the students. Among these students I got to know the one who in the future became my chosen “brother”: Sergio Baroni. Together we designed all the services for the 23rd district that Carlos Raúl Villanueva had planned to solve the favelas problem. In these years of Venezuelan frequentation, Porro also opened the doors of Cuba to me. Through Porro I got to know the work of Josè Martì, who claimed: cult para eser libre. I also approached the work of Josè Lezama Lima, in my opinion one of the most interesting Cuban intellectuals, and the painting of Wilfredo Lam. L.A. In December 1959 the Revolution triumphed in Cuba. Ricardo Porro returned to Cuba in August 1960. You and Gottardi would join him in December and begin teaching at the Facultad de Arcuitectura. Your contribution to the training of young students took place in a moment of radical cultural change within which the task of designing the Schools was also inserted: the “new” architecture had to give concrete answers but also give “shape” to a new model of society. V.G. After the triumph of the Revolution, acts of terrorism began. At that time in the morning, I checked that they hadn’t placed a bomb under my car. Eisenhower was preparing the invasion. Life published an article on preparing for the invasion of the counterrevolutionary brigades. With Eisenhower dead, Kennedy activated the programme by imposing one condition: in conjunction with the invasion, the Cuban people would have to rise up. Shortly before the attempted invasion, the emigration, deemed temporary, of doctors, architects, university teachers etc. began. They were all convinced they would return to “liberated Cuba” a few weeks later. Their motto was: it is impossible for Americans to accept the triumph of the rebel army. As is well known, the Cuban people did not rise up. The revolutionary process continued and had no more obstacles. The fact that the bourgeois class and almost all the professionals had left Cuba put the country in a state of extreme weakness. The sensation was of great transformation taking place, it was evident. In that “revolutionary” push there was nothing celebratory. All available energies were invested in the culture. There were extraordinary initiatives, from the literacy campaign to the founding of international schools of medicine and of cinema. In Cuba it was decided to close schools for a year and to entrust elementary school children with the task of travelling around the country and teaching illiterate adults. In the morning they worked in the fields and in the evening they taught the peasants to read and write. In order to try to block this project, the counter-revolutionaries killed two children in an attempt to scare the population and the families of the literate children. There was a wave of popular indignation and the programme continued. L.A. Ricardo Porro was commissioned to design the Art Schools. Roberto Gottardi recalls that: «the wife of the Minister of Public Works, Selma Diaz, asked Porro to build the national art schools. The architecture had to be completely new and the schools, in Fidel’s words, the most beautiful in the world. All accomplished in six months. Take it or leave it! [...] it was days of rage and enthusiasm in which all areas of public life was run by an agile and imaginative spirit of warfare»2. You too remembered several times that: that architecture was born from a life experience, it incorporated enthusiasm for life and optimism for the future. V.G. The idea that generated them was to foster the cultural encounter between Africa, Asia and Latin America. A “place” for meeting and exchanging. A place where artists from all over the third world could interact freely. The realisation of the Schools was like receiving a “war assignment”. Fidel Castro and Ernesto Che Guevara selected the Country Club as the place to build a large training centre for all of Latin America. They understood that it was important to foster the Latin American union, a theme that Simón Bolivar had previously wanted to pursue. Il Ché and Fidel, returning from the Country Club, along the road leading to the centre of Havana, met Selma Diaz, architect and wife of Osmany Cienfuegos, the Cuban Construction Minister. Fidel Castro and Ernesto Che Guevara entrusted Selma Diaz with the task of designing this centre. She replied: I had just graduated, how could I deal with it? Then she adds: Riccardo Porro returned to Cuba with two Italian architects. Just think, three young architects without much experience catapulted into an assignment of this size. The choice of the place where to build the schools was a happy intuition of Fidel Castro and Ernesto Che Guevara. L.A. How did the confrontation develop? V.G. We had total freedom, but we had to respond to a functional programme defined with the heads of the schools. Five directors were appointed, one for each school. We initially thought of a citadel. A proposal that did not find acceptance among the Directors, who suggest thinking of five autonomous schools. We therefore decide to place the schools on the edge of the large park and to reuse all the pre-existing buildings. We imagined schools as “stations” to cross. The aim was to promote integration with the environment in which they were “immersed”. Schools are not closed spaces. We established, for example, that there would be no doors: when “everything was ours” there could not be a public and a private space, only the living space existed. L.A. Ricardo Porro recalled: I organised our study in the chapel of the former residence of the Serrà family in Vadado. It was a wonderful place [...]. A series of young people from the school of architecture came to help us […]. Working in that atmosphere, all night and all day was a poetic experience (Loomis , 1999). V.G. We felt like Renaissance architects. We walked around the park and discussed where to locate the schools. Imagine three young people discussing with total, unthinkable freedom. We decided that each of us would deal with one or more schools, within a global vision that was born from the comparison. I chose the Ballet School. Ivan Espin had to design the music school but in the end I did it because Ivan had health problems. Porro decided to take care of the School of Plastic Arts to support his nature as a sculptor. Gottardi had problems with the actors and directors, who could not produce a shared functional programme, which with the dancers was quite simple to produce. The reasons that led us to choose the different project themes were very simple and uncomplicated, as were those for identifying the areas. I liked hidden lands, I was interested in developing a building “embedded” in the ground. Ricardo, on the other hand, chose a hill on which arrange the school of Modern Art. Each of us chose the site almost instinctively. For the Classical Dance School, the functional programme that was provided to me was very meagre: a library, a deanery, an infirmary, three ballet classrooms, theoretical classrooms and one of choreography. We went to see the dancers while they were training and dancing with Porro. The perception was immediate that we had to think of concave and convex spaces that would welcome their movements in space. For a more organic integration with the landscape and to accommodate the orography of the area, we also decided to place the buildings in a “peripheral” position with respect to the park, a choice that allowed us not to alter the nature of the park too much but also to limit the distances to be covered from schools to homes. Selma Diaz added others to the first indications: remember that we have no iron, we have little of everything, but we have many bricks. These were the indications that came to us from the Ministry of Construction. We were also asked to design some large spaces, such as gyms. Consequently, we found ourselves faced with the need to cover large spans without being able to resort to an extensive use of reinforced concrete or wood. L.A. How was the comparison between you designers? V.G. The exchange of ideas was constant, the experiences flowed naturally from one work group to another, but each operated in total autonomy. Each design group had 5-6 students in it. In my case I was lucky enough to have Josè Mosquera among my collaborators, a brilliant modest student, a true revolutionary. The offices where we worked on the project were organised in the Club, which became our “headquarters”. We worked all night and in the morning we went to the construction site. For the solution of logistical problems and the management of the building site of the Ballet School, I was entrusted with an extraordinary bricklayer, a Maestro de Obra named Bacallao. During one of the meetings that took place daily at the construction site, Bacallao told me that in Batista’s time the architects arrived in the morning at the workplace all dressed in white and, keeping away from the construction site to avoid getting dusty, they transferred orders on what to do. In this description by we marvelled at the fact that we were in the construction site together with him to face and discuss how to solve the different problems. In this construction site the carpenters did an extraordinary job, they had considerable experience. Bacallao was fantastic, he could read the drawings and he managed the construction site in an impeccable way. We faced and solved problems and needs that the yard inevitably posed on a daily basis. One morning, for example, arriving at the construction site, I realised the impact that the building would have as a result of its total mono-materiality. I was “scared” by this effect. My eye fell on an old bathtub, inside which there were pieces of 10x10 tiles, then I said to Bacallao: we will cover the wedges between the ribs of the bovedas covering the Ballet and Choreography Theatre classrooms with the tiles. The yard also lived on decisions made directly on site. Also keep in mind that the mason teams assigned to each construction site were independent. However the experience between the groups of masons engaged in the different activities circulated, flowed. There was a constant confrontation. For the workers the involvement was total, they were building for their children. A worker who told me: I’m building the school where my son will come to study. Ricardo Porro was responsible for the whole project, he was a very cultured man. In the start-up phase of the project he took us to Trinidad, the old Spanish capital. He wanted to show us the roots of Cuban architectural culture. On this journey I was struck by the solution of fan windows, by the use of verandas, all passive devices which were entrusted with the control and optimisation of the comfort of the rooms. Porro accompanied us to those places precisely because he wanted to put the value of tradition at the centre of the discussion, he immersed us in colonial culture. L.A. It is to that “mechanism” of self-generation of the project that you have referred to on several occasions? V.G. Yes, just that. When I design, I certainly draw from that stratified “grammar of memory”, to quote Luciano Semerani, which lives within me. The project generates itself, is born and then begins to live a life of its own. A writer traces the profile and character of his characters, who gradually come to life with a life of their own. In the same way the creative process in architecture is self-generated. L.A. Some problems were solved directly on site, dialoguing with the workers. V.G. He went just like that. Many decisions were made on site as construction progressed. Design and construction proceeded contextually. The dialogue with the workers was fundamental. The creative act was self-generated and lived a life of its own, we did nothing but “accompany” a process. The construction site had a speed of execution that required the same planning speed. In the evening we worked to solve problems that the construction site posed. The drawings “aged” rapidly with respect to the speed of decisions and the progress of the work. The incredible thing about this experience is that three architects with different backgrounds come to a “unitary” project. All this was possible because we used the same materials, the same construction technique, but even more so because there was a similar interpretation of the place and its possibilities. L.A. The project of the Music School also included the construction of 96 cubicles, individual study rooms, a theatre for symphonic music and one for chamber music and Italian opera. You “articulated” the 96 cubicles along a 360-metre-long path that unfolds in the landscape providing a “dynamic” view to those who cross it. A choice consistent with the vision of the School as an open place integrated with the environment. V.G. The “Gusano” is a volume that follows the orography of the terrain. It was a common sense choice. By following the level lines I avoided digging and of course I quickly realized what was needed by distributing the volumes horizontally. Disarticulation allows the changing vision of the landscape, which changes continuously according to the movement of the user. The movements do not take place along an axis, they follow a sinuous route, a connecting path between trees and nature. The cubicles lined up along the Gusano are individual study rooms above which there are the collective test rooms. On the back of the Gusano, in the highest part of the land, I placed the theatre for symphonic music, the one for chamber music, the library, the conference rooms, the choir and administration. L.A. In 1962 the construction site stopped. V.G. In 1962 Cuba fell into a serious political and economic crisis, which is what caused the slowdown and then the abandonment of the school site. Cuba was at “war” and the country’s resources were directed towards other needs. In this affair, the architect Quintana, one of the most powerful officials in Cuba, who had always expressed his opposition to the project, contributed to the decision to suspend the construction of the schools. Here is an extract from a writing by Sergio Baroni, which I consider clarifying: «The denial of the Art Schools represented the consolidation of the new Cuban technocratic regime. The designers were accused of aristocracy and individualism and the rest of the technicians who collaborated on the project were transferred to other positions by the Ministry of Construction [...]. It was a serious mistake which one realises now, when it became evident that, with the Schools, a process of renewal of Cuban architecture was interrupted, which, with difficulty, had advanced from the years preceding the revolution and which they had extraordinarily accelerated and anchored to the new social project. On the other hand, and understandably, the adoption of easy pseudo-rationalist procedures prevailed to deal with the enormous demand for projects and constructions with the minimum of resources» (Baroni 1992). L.A. You also experienced dramatic moments in Cuba. I’m referring in particular to the insane accusation of being a CIA spy and your arrest. V.G. I wasn’t the only one arrested. The first was Jean Pierre Garnier, who remained in prison for seven days on charges of espionage. This was not a crazy accusation but one of the CIA’s plans to scare foreign technicians into leaving Cuba. Six months after Garnier, it was Heberto Padilla’s turn, an intellectual, who remained in prison for 15 days. After 6 months, it was my turn. I was arrested while leaving the Ministry of Construction, inside the bag I had the plans of the port. I told Corrieri, Baroni and Wanda not to notify the Italian Embassy, everything would be cleared up. L.A. Dear Vittorio, I thank you for the willingness and generosity with which you shared your human and professional experience. I am sure that many young students will find your “story” of great interest. V.G. At the end of our dialogue, I would like to remember my teacher: Ernesto Nathan Rogers. I’ll tell you an anecdote: in 1956 I was working on the graphics for the Castello Sforzesco Museum set up by the BBPR. Leaving the museum with Rogers, in the Rocchetta courtyard the master stopped and gives me a questioning look. Looking at the Filarete tower, he told me: we have the task of designing a skyscraper in the centre. Usually skyscrapers going up they shrink. Instead this tower has a protruding crown, maybe we too could finish our skyscraper so what do you think? I replied: beautiful! Later I thought that what Rogers evoked was a distinctive feature of our city. The characters of the cities and the masters who have consolidated them are to be respected. If there is no awareness of dialectical continuity, the city loses and gets lost. It is necessary to reconstruct the figure of the architect artist who has full awareness of his role in society. The work of architecture cannot be the result of a pure stylistic and functional choice, it must be the result of a method that takes various and multiple factors into analysis. In Cuba, for example, the musical tradition, the painting of Wilfredo Lam, whose pictorial lines are recognisable in the floor plan of the Ballet School, the literature of Lezama Lima and Alejo Carpentier and above all the Cuban Revolution were fundamental. We theorised this “total” method together with Ricardo Porro, remembering the lecture by Ernesto Nathan Rogers.
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Goggin, Gerard. „Broadband“. M/C Journal 6, Nr. 4 (01.08.2003). http://dx.doi.org/10.5204/mcj.2219.

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Connecting I’ve moved house on the weekend, closer to the centre of an Australian capital city. I had recently signed up for broadband, with a major Australian Internet company (my first contact, cf. Turner). Now I am the proud owner of a larger modem than I have ever owned: a white cable modem. I gaze out into our new street: two thick black cables cosseted in silver wire. I am relieved. My new home is located in one of those streets, double-cabled by Telstra and Optus in the data-rush of the mid-1990s. Otherwise, I’d be moth-balling the cable modem, and the thrill of my data percolating down coaxial cable. And it would be off to the computer supermarket to buy an ASDL modem, then to pick a provider, to squeeze some twenty-first century connectivity out of old copper (the phone network our grandparents and great-grandparents built). If I still lived in the country, or the outskirts of the city, or anywhere else more than four kilometres from the phone exchange, and somewhere that cable pay TV will never reach, it would be a dish for me — satellite. Our digital lives are premised upon infrastructure, the networks through which we shape what we do, fashion the meanings of our customs and practices, and exchange signs with others. Infrastructure is not simply the material or the technical (Lamberton), but it is the dense, fibrous knotting together of social visions, cultural resources, individual desires, and connections. No more can one easily discern between ‘society’ and ‘technology’, ‘carriage’ and ‘content’, ‘base’ and ‘superstructure’, or ‘infrastructure’ and ‘applications’ (or ‘services’ or ‘content’). To understand telecommunications in action, or the vectors of fibre, we need to consider the long and heterogeneous list of links among different human and non-human actors — the long networks, to take Bruno Latour’s evocative concept, that confect our broadband networks (Latour). The co-ordinates of our infrastructure still build on a century-long history of telecommunications networks, on the nineteenth-century centrality of telegraphy preceding this, and on the histories of the public and private so inscribed. Yet we are in the midst of a long, slow dismantling of the posts-telegraph-telephone (PTT) model of the monopoly carrier for each nation that dominated the twentieth century, with its deep colonial foundations. Instead our New World Information and Communication Order is not the decolonising UNESCO vision of the late 1970s and early 1980s (MacBride, Maitland). Rather it is the neoliberal, free trade, market access model, its symbol the 1984 US judicial decision to require the break-up of AT&T and the UK legislation in the same year that underpinned the Thatcherite twin move to privatize British Telecom and introduce telecommunications competition. Between 1984 and 1999, 110 telecommunications companies were privatized, and the ‘acquisition of privatized PTOs [public telecommunications operators] by European and American operators does follow colonial lines’ (Winseck 396; see also Mody, Bauer & Straubhaar). The competitive market has now been uneasily installed as the paradigm for convergent communications networks, not least with the World Trade Organisation’s 1994 General Agreement on Trade in Services and Annex on Telecommunications. As the citizen is recast as consumer and customer (Goggin, ‘Citizens and Beyond’), we rethink our cultural and political axioms as well as the axes that orient our understandings in this area. Information might travel close to the speed of light, and we might fantasise about optical fibre to the home (or pillow), but our terrain, our band where the struggle lies today, is narrower than we wish. Begging for broadband, it seems, is a long way from warchalking for WiFi. Policy Circuits The dreary everyday business of getting connected plugs the individual netizen into a tangled mess of policy circuits, as much as tricky network negotiations. Broadband in mid-2003 in Australia is a curious chimera, welded together from a patchwork of technologies, old and newer communications industries, emerging economies and patterns of use. Broadband conjures up grander visions, however, of communication and cultural cornucopia. Broadband is high-speed, high-bandwidth, ‘always-on’, networked communications. People can send and receive video, engage in multimedia exchanges of all sorts, make the most of online education, realise the vision of home-based work and trading, have access to telemedicine, and entertainment. Broadband really entered the lexicon with the mass takeup of the Internet in the early to mid-1990s, and with the debates about something called the ‘information superhighway’. The rise of the Internet, the deregulation of telecommunications, and the involuted convergence of communications and media technologies saw broadband positioned at the centre of policy debates nearly a decade ago. In 1993-1994, Australia had its Broadband Services Expert Group (BSEG), established by the then Labor government. The BSEG was charged with inquiring into ‘issues relating to the delivery of broadband services to homes, schools and businesses’. Stung by criticisms of elite composition (a narrow membership, with only one woman among its twelve members, and no consumer or citizen group representation), the BSEG was prompted into wider public discussion and consultation (Goggin & Newell). The then Bureau of Transport and Communications Economics (BTCE), since transmogrified into the Communications Research Unit of the Department of Communications, Information Technology and the Arts (DCITA), conducted its large-scale Communications Futures Project (BTCE and Luck). The BSEG Final report posed the question starkly: As a society we have choices to make. If we ignore the opportunities we run the risk of being left behind as other countries introduce new services and make themselves more competitive: we will become consumers of other countries’ content, culture and technologies rather than our own. Or we could adopt new technologies at any cost…This report puts forward a different approach, one based on developing a new, user-oriented strategy for communications. The emphasis will be on communication among people... (BSEG v) The BSEG proposed a ‘National Strategy for New Communications Networks’ based on three aspects: education and community access, industry development, and the role of government (BSEG x). Ironically, while the nation, or at least its policy elites, pondered the weighty question of broadband, Australia’s two largest telcos were doing it. The commercial decision of Telstra/Foxtel and Optus Vision, and their various television partners, was to nail their colours (black) to the mast, or rather telegraph pole, and to lay cable in the major capital cities. In fact, they duplicated the infrastructure in cities such as Sydney and Melbourne, then deciding it would not be profitable to cable up even regional centres, let alone small country towns or settlements. As Terry Flew and Christina Spurgeon observe: This wasteful duplication contrasted with many other parts of the country that would never have access to this infrastructure, or to the social and economic benefits that it was perceived to deliver. (Flew & Spurgeon 72) The implications of this decision for Australia’s telecommunications and television were profound, but there was little, if any, public input into this. Then Minister Michael Lee was very proud of his anti-siphoning list of programs, such as national sporting events, that would remain on free-to-air television rather than screen on pay, but was unwilling, or unable, to develop policy on broadband and pay TV cable infrastructure (on the ironies of Australia’s television history, see Given’s masterly account). During this period also, it may be remembered, Australia’s Internet was being passed into private hands, with the tendering out of AARNET (see Spurgeon for discussion). No such national strategy on broadband really emerged in the intervening years, nor has the market provided integrated, accessible broadband services. In 1997, landmark telecommunications legislation was enacted that provided a comprehensive framework for competition in telecommunications, as well as consolidating and extending consumer protection, universal service, customer service standards, and other reforms (CLC). Carrier and reseller competition had commenced in 1991, and the 1997 legislation gave it further impetus. Effective competition is now well established in long distance telephone markets, and in mobiles. Rivalrous competition exists in the market for local-call services, though viable alternatives to Telstra’s dominance are still few (Fels). Broadband too is an area where there is symbolic rivalry rather than effective competition. This is most visible in advertised ADSL offerings in large cities, yet most of the infrastructure for these services is comprised by Telstra’s copper, fixed-line network. Facilities-based duopoly competition exists principally where Telstra/Foxtel and Optus cable networks have been laid, though there are quite a number of ventures underway by regional telcos, power companies, and, most substantial perhaps, the ACT government’s TransACT broadband network. Policymakers and industry have been greatly concerned about what they see as slow takeup of broadband, compared to other countries, and by barriers to broadband competition and access to ‘bottleneck’ facilities (such as Telstra or Optus’s networks) by potential competitors. The government has alternated between trying to talk up broadband benefits and rates of take up and recognising the real difficulties Australia faces as a large country with a relative small and dispersed population. In March 2003, Minister Alston directed the ACCC to implement new monitoring and reporting arrangements on competition in the broadband industry. A key site for discussion of these matters has been the competition policy institution, the Australian Competition and Consumer Commission, and its various inquiries, reports, and considerations (consult ACCC’s telecommunications homepage at http://www.accc.gov.au/telco/fs-telecom.htm). Another key site has been the Productivity Commission (http://www.pc.gov.au), while a third is the National Office on the Information Economy (NOIE - http://www.noie.gov.au/projects/access/access/broadband1.htm). Others have questioned whether even the most perfectly competitive market in broadband will actually provide access to citizens and consumers. A great deal of work on this issue has been undertaken by DCITA, NOIE, the regulators, and industry bodies, not to mention consumer and public interest groups. Since 1997, there have been a number of governmental inquiries undertaken or in progress concerning the takeup of broadband and networked new media (for example, a House of Representatives Wireless Broadband Inquiry), as well as important inquiries into the still most strategically important of Australia’s companies in this area, Telstra. Much of this effort on an ersatz broadband policy has been piecemeal and fragmented. There are fundamental difficulties with the large size of the Australian continent and its harsh terrain, the small size of the Australian market, the number of providers, and the dominant position effectively still held by Telstra, as well as Singtel Optus (Optus’s previous overseas investors included Cable & Wireless and Bell South), and the larger telecommunications and Internet companies (such as Ozemail). Many consumers living in metropolitan Australia still face real difficulties in realising the slogan ‘bandwidth for all’, but the situation in parts of rural Australia is far worse. Satellite ‘broadband’ solutions are available, through Telstra Countrywide or other providers, but these offer limited two-way interactivity. Data can be received at reasonable speeds (though at far lower data rates than how ‘broadband’ used to be defined), but can only be sent at far slower rates (Goggin, Rural Communities Online). The cultural implications of these digital constraints may well be considerable. Computer gamers, for instance, are frustrated by slow return paths. In this light, the final report of the January 2003 Broadband Advisory Group (BAG) is very timely. The BAG report opens with a broadband rhapsody: Broadband communications technologies can deliver substantial economic and social benefits to Australia…As well as producing productivity gains in traditional and new industries, advanced connectivity can enrich community life, particularly in rural and regional areas. It provides the basis for integration of remote communities into national economic, cultural and social life. (BAG 1, 7) Its prescriptions include: Australia will be a world leader in the availability and effective use of broadband...and to capture the economic and social benefits of broadband connectivity...Broadband should be available to all Australians at fair and reasonable prices…Market arrangements should be pro-competitive and encourage investment...The Government should adopt a National Broadband Strategy (BAG 1) And, like its predecessor nine years earlier, the BAG report does make reference to a national broadband strategy aiming to maximise “choice in work and recreation activities available to all Australians independent of location, background, age or interests” (17). However, the idea of a national broadband strategy is not something the BAG really comes to grips with. The final report is keen on encouraging broadband adoption, but not explicit on how barriers to broadband can be addressed. Perhaps this is not surprising given that the membership of the BAG, dominated by representatives of large corporations and senior bureaucrats was even less representative than its BSEG predecessor. Some months after the BAG report, the Federal government did declare a broadband strategy. It did so, intriguingly enough, under the rubric of its response to the Regional Telecommunications Inquiry report (Estens), the second inquiry responsible for reassuring citizens nervous about the full-privatisation of Telstra (the first inquiry being Besley). The government’s grand $142.8 million National Broadband Strategy focusses on the ‘broadband needs of regional Australians, in partnership with all levels of government’ (Alston, ‘National Broadband Strategy’). Among other things, the government claims that the Strategy will result in “improved outcomes in terms of services and prices for regional broadband access; [and] the development of national broadband infrastructure assets.” (Alston, ‘National Broadband Strategy’) At the same time, the government announced an overall response to the Estens Inquiry, with specific safeguards for Telstra’s role in regional communications — a preliminary to the full Telstra sale (Alston, ‘Future Proofing’). Less publicised was the government’s further initiative in indigenous telecommunications, complementing its Telecommunications Action Plan for Remote Indigenous Communities (DCITA). Indigenous people, it can be argued, were never really contemplated as citizens with the ken of the universal service policy taken to underpin the twentieth-century government monopoly PTT project. In Australia during the deregulatory and re-regulatory 1990s, there was a great reluctance on the part of Labor and Coalition Federal governments, Telstra and other industry participants, even to research issues of access to and use of telecommunications by indigenous communicators. Telstra, and to a lesser extent Optus (who had purchased AUSSAT as part of their licence arrangements), shrouded the issue of indigenous communications in mystery that policymakers were very reluctant to uncover, let alone systematically address. Then regulator, the Australian Telecommunications Authority (AUSTEL), had raised grave concerns about indigenous telecommunications access in its 1991 Rural Communications inquiry. However, there was no government consideration of, nor research upon, these issues until Alston commissioned a study in 2001 — the basis for the TAPRIC strategy (DCITA). The elision of indigenous telecommunications from mainstream industry and government policy is all the more puzzling, if one considers the extraordinarily varied and significant experiments by indigenous Australians in telecommunications and Internet (not least in the early work of the Tanami community, made famous in media and cultural studies by the writings of anthropologist Eric Michaels). While the government’s mid-2003 moves on a ‘National Broadband Strategy’ attend to some details of the broadband predicament, they fall well short of an integrated framework that grasps the shortcomings of the neoliberal communications model. The funding offered is a token amount. The view from the seat of government is a glance from the rear-view mirror: taking a snapshot of rural communications in the years 2000-2002 and projecting this tableau into a safety-net ‘future proofing’ for the inevitable turning away of a fully-privately-owned Telstra from its previously universal, ‘carrier of last resort’ responsibilities. In this aetiolated, residualist policy gaze, citizens remain constructed as consumers in a very narrow sense in this incremental, quietist version of state securing of market arrangements. What is missing is any more expansive notion of citizens, their varied needs, expectations, uses, and cultural imaginings of ‘always on’ broadband networks. Hybrid Networks “Most people on earth will eventually have access to networks that are all switched, interactive, and broadband”, wrote Frances Cairncross in 1998. ‘Eventually’ is a very appropriate word to describe the parlous state of broadband technology implementation. Broadband is in a slow state of evolution and invention. The story of broadband so far underscores the predicament for Australian access to bandwidth, when we lack any comprehensive, integrated, effective, and fair policy in communications and information technology. We have only begun to experiment with broadband technologies and understand their evolving uses, cultural forms, and the sense in which they rework us as subjects. Our communications networks are not superhighways, to invoke an enduring artefact from an older technology. Nor any longer are they a single ‘public’ switched telecommunications network, like those presided over by the post-telegraph-telephone monopolies of old. Like roads themselves, or the nascent postal system of the sixteenth century, broadband is a patchwork quilt. The ‘fibre’ of our communications networks is hybrid. To be sure, powerful corporations dominate, like the Tassis or Taxis who served as postmasters to the Habsburg emperors (Briggs & Burke 25). Activating broadband today provides a perspective on the path dependency of technology history, and how we can open up new threads of a communications fabric. Our options for transforming our multitudinous networked lives emerge as much from everyday tactics and strategies as they do from grander schemes and unifying policies. We may care to reflect on the waning potential for nation-building technology, in the wake of globalisation. We no longer gather our imagined community around a Community Telephone Plan as it was called in 1960 (Barr, Moyal, and PMG). Yet we do require national and international strategies to get and stay connected (Barr), ideas and funding that concretely address the wider dimensions of access and use. We do need to debate the respective roles of Telstra, the state, community initiatives, and industry competition in fair telecommunications futures. Networks have global reach and require global and national integration. Here vision, co-ordination, and resources are urgently required for our commonweal and moral fibre. To feel the width of the band we desire, we need to plug into and activate the policy circuits. Thanks to Grayson Cooke, Patrick Lichty, Ned Rossiter, John Pace, and an anonymous reviewer for helpful comments. Works Cited Alston, Richard. ‘ “Future Proofing” Regional Communications.’ Department of Communications, Information Technology and the Arts, Canberra, 2003. 17 July 2003 <http://www.dcita.gov.au/Article/0,,0_1-2_3-4_115485,00.php> —. ‘A National Broadband Strategy.’ Department of Communications, Information Technology and the Arts, Canberra, 2003. 17 July 2003 <http://www.dcita.gov.au/Article/0,,0_1-2_3-4_115486,00.php>. Australian Competition and Consumer Commission (ACCC). Broadband Services Report March 2003. Canberra: ACCC, 2003. 17 July 2003 <http://www.accc.gov.au/telco/fs-telecom.htm>. —. Emerging Market Structures in the Communications Sector. 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Melbourne: Productivity Commission, 2001. <http://www.pc.gov.au/inquiry/telecommunications/finalreport/>, accessed 17 July 2003. Spurgeon, Christina. ‘National Culture, Communications and the Information Economy.’ Media International Australia 87 (1998): 23-34. Turner, Graeme. ‘First Contact: coming to terms with the cable guy.’ UTS Review 3 (1997): 109-21. Winseck, Dwayne. ‘Wired Cities and Transnational Communications: New Forms of Governance for Telecommunications and the New Media’. In The Handbook of New Media: Social Shaping and Consequences of ICTs, ed. Leah A. Lievrouw and Sonia Livingstone. London: Sage, 2002. 393-409. World Trade Organisation. General Agreement on Trade in Services: Annex on Telecommunications. Geneva: World Trade Organisation, 1994. 17 July 2003 <http://www.wto.org/english/tratop_e/serv_e/12-tel_e.htm>. —. Fourth protocol to the General Agreement on Trade in Services. Geneva: World Trade Organisation. 17 July 2003 <http://www.wto.org/english/tratop_e/serv_e/4prote_e.htm>. Links http://www.accc.gov.au/pubs/publications/utilities/telecommunications/Emerg_mar_struc.doc http://www.accc.gov.au/speeches/2003/Fels_ATUG_6March03.doc http://www.accc.gov.au/telco/fs-telecom.htm http://www.aph.gov.au/house/committee/cita/Wbt/report.htm http://www.dcita.gov.au/Article/0,,0_1-2_3-4_115485,00.html http://www.dcita.gov.au/Article/0,,0_1-2_3-4_115486,00.html http://www.noie.gov.au/projects/access/access/broadband1.htm http://www.noie.gov.au/publications/NOIE/BAG/report/index.htm http://www.pc.gov.au http://www.pc.gov.au/inquiry/telecommunications/finalreport/ http://www.telinquiry.gov.au/final_report.html http://www.telinquiry.gov.au/rti-report.html http://www.wto.org/english/tratop_e/serv_e/12-tel_e.htm http://www.wto.org/english/tratop_e/serv_e/4prote_e.htm Citation reference for this article Substitute your date of access for Dn Month Year etc... MLA Style Goggin, Gerard. "Broadband" M/C: A Journal of Media and Culture< http://www.media-culture.org.au/0308/02-featurebroadband.php>. APA Style Goggin, G. (2003, Aug 26). Broadband. M/C: A Journal of Media and Culture, 6,< http://www.media-culture.org.au/0308/02-featurebroadband.php>
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