Journal articles on the topic '450-1100 History and criticism'

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1

Reiner, Avraham (Rami). "Textual Variants and Textual Criticism in the Works of Rabbenu Tam: Between Theory and Practice." AJS Review 44, no. 1 (April 2020): 149–62. http://dx.doi.org/10.1017/s0364009419000928.

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Rabbi Jacob ben Meir, better known as Rabbenu Tam (1100–1171), is famous for his radical interpretations of the Talmud and his influence in matters of Halakhah. Less well known is his abiding interest in the textual transmission of the Talmud and its manuscripts. Rabbenu Tam was well aware of the redactional layers within the Talmud, and in many instances, claimed that certain sentences were a later addition to the Talmud inserted by students and copyists over the generations. As a result, Rabbenu Tam did not hesitate to challenge the binding legal authority of those accretions. The introduction to Rabbenu Tam's Sefer ha-yashar argues that the received text of the Babylonian Talmud was corrupt and that the text had been influenced by glosses suggested by Rashi and other sages. In his opinion, textual corrections ought to be raised in the context of commentaries and not inserted within the Talmud itself. This article will describe the relationship between the principles proposed in the introduction to Sefer ha-yashar and Rabbenu Tam's actual engagement with the talmudic text in his exegesis.
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Bloemendal, Jan. "Scriptural Authority and Biblical Criticism in the Dutch Golden Age: God's Word Questioned. Dirk van Miert, Henk Nellen, Piet Steenbakkers, and Jetze Touber, eds. Oxford: Oxford University Press, 2017. xvi + 450 pp. $110." Renaissance Quarterly 72, no. 1 (2019): 341–43. http://dx.doi.org/10.1017/rqx.2018.77.

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Khattab, Emran R. Al. "Vowel Harmony: An Historical Account." Advances in Language and Literary Studies 9, no. 1 (February 1, 2018): 106. http://dx.doi.org/10.7575/aiac.alls.v.9n.1p.106.

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All languages change over time. English has undergone continuous change throughout its three major periods: Old English (roughly from 450 to 1100 AD), Middle English (from 1100 to 1500), and Modern English (from 1500 to the present). Sound is one of the most easily influenced parts of language to be subject to different changes. Sound change is inevitable and it is a live indication of the continuous growth of language. The evidence to prove the regularity and systematicity of sound change has been the main concern of linguists, This paper seeks to provide more evidence on how vowel harmony played a key role on the regularity of sound change by extracting samples of sound changes that have taken place throughout the English history.
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Gustafsson, Jessica. "Community radio and peace-building in Kenya." Journal of Alternative & Community Media 1, no. 1 (April 1, 2016): 114–27. http://dx.doi.org/10.1386/joacm_00022_1.

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In December 2007, violence broke out after the disputed general election in Kenya, which resulted in the death of 1100 Kenyans and left more than 660,000 displaced. Reports criticised media, especially vernacular media, for inflating the violence by using hate speech and incitement to violence, and suggested that Kenya would benefit from more community media to prevent history from repeating itself. This article focuses on how Koch FM and Pamoja FM, two community radio stations in Nairobi, Kenya, worked during the 200708 tumult and 2013 general election. The article is based on observations and interviews with community radio practitioners conducted between 2007 and 2013, and addresses the following questions: How do the community radio stations work during elections times of increased tensions? How do they discourage ethnic violence in their community? How is participation used in order to bring unity to the community?
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Matsumoto, Yuichi, Jason Nesbitt, Michael D. Glascock, Yuri I. Cavero Palomino, and Richard L. Burger. "INTERREGIONAL OBSIDIAN EXCHANGE DURING THE LATE INITIAL PERIOD AND EARLY HORIZON: NEW PERSPECTIVES FROM CAMPANAYUQ RUMI, PERU." Latin American Antiquity 29, no. 1 (November 16, 2017): 44–63. http://dx.doi.org/10.1017/laq.2017.64.

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Campanayuq Rumi is a large civic-ceremonial center located in the south-central highlands of Peru. Founded in the late Initial Period (1100–800 BC), Campanayuq Rumi became an important center within the Chavín Interaction Sphere in the Early Horizon (ca. 800–400 BC). In particular, Campanayuq Rumi is significant because of its geographical proximity to Quispisisa, the most important and widely circulated obsidian source during the Early Horizon. Portable X-ray florescence (pXRF) was used to geochemically source a sample of 370 obsidian artifacts from Campanayuq Rumi. Though obsidian from Quispisisa dominates the assemblage throughout the site's history, diachronic analysis indicates that the diversity of obsidian sources increases markedly in the Campanayuq II Phase (700–450 BC). The pXRF data lead us to conclude that Campanayuq Rumi was the locus of obsidian distribution to other locations in highland and coastal Peru within the Chavín Interaction Sphere, and functioned as a regional center of worship and interaction.
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Madhavan, Anugraha, and Sharmila Narayana. "Violation of Land as Violation of Feminine Space: An Ecofeminist Reading of Mother Forest and Mayilamma." Tattva Journal of Philosophy 12, no. 2 (January 27, 2021): 13–32. http://dx.doi.org/10.12726/tjp.24.2.

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Agarwal, B. (1992). The gender and environment debate: Lessons from India. Feminist Studies, 18(1), 119-158. https:// doi.org/ 10.2307/ 3178217. Althuser, L. (1971). Ideology and ideological state apparatuses (Notes toward an investigation). Lenin and philosophy, and other essays (B.Brewster, Trans.). Monthly Review Press, 1971. Basha, C. (2017). Tribal land alienation: A sociological analysis. International Journal of Advanced Educational Research, 2(3), 78–81. http:// www.educationjournal.org/archives/2017/vol2/issue3. Berman, T. (1993). Towards an integrative ecofeminist praxis. Canadian Women Studies, 13(3), 15–17. cws.journals.yorku.ca/ index.php/ cws/ article/ viewFile/10402/949. Béteille, A. (1986). The concept of tribe with special reference to India. European Journal of Sociology, 27(2), 296–318. https:// doi.org/ 10.1017/S000397560000463X Bhaskaran. (2004). Mother forest: The unfinished story of C K Janu (N Ravi Shankar, Trans). Kali for Women. Bijoy, C R. (2001). The Adivasis of India – A history of discrimination, conflict and resistance. Indigenous Affairs, Jan, 54-61. https:// www.researchgate.net/publication/295315229. Bose, N. K. (1971). Tribal life in India. National Book Trust. Crenshaw, K. (1989). Demarginalizing the intersection of race and sex: A black feminist critique of antidiscrimination doctrine, feminist theory, and antiracist politics. Feminist Legal Theory, 1, 139–167. https://doi.org/10.4324/9780429500480-5. Crenshaw, K. (2017). Kimberlé Crenshaw on intersectionality, More than two decades later. Columbia Law School. www.law.columbia.edu/pt-br/news/2017/06/kimberle-crenshaw-intersectionality. Das, V. (2011). Orissa: Mining bauxite, maiming people. Economic & Political Weekly, 38(28). https://www.epw.in/journal/2001/28/commentary/orissa-mining-bauxite-maiming-people.html. Devika, J. (2010). Caregiver vs. citizen? Reflections on ecofeminism from Kerala state, India. Man in India, 89(4), 751–769. http:// www.academia.edu/ Habermas, J. (1974). The public sphere: An encyclopedia article (1964). New German Critique, 3, 49–55. https://doi.org/10.4324/9780367809195-3. Lewis, D. R. (1995). Native Americans and the environment: A survey of twentieth-century issues. American Indian Quarterly, 19(3), 423-450. https://doi.org/10.2307/1185599. Limpangog, C P. (2016) Matrix of domination. The Wiley Blackwell Encyclopedia of Gender and Sexuality Studies, 1–3. https:// doi.org/10.2307/3178217. Mahtab, M. (2018) When the Santhals rebelled. The Daily Star. Retrieved November 25, 2019, from https://www.thedailystar.net/in-focus/when-the-santhals-rebelled-1245196. Merchant, C. (1999). Ecofeminism and feminist theory. Reweaving the World: The Emergence of Ecofeminism, 100-105. Sierra Club Books. Merchant, C. (2014). Earthcare: Women and the environment. Routledge. Oberhauser, A. M., Fluri, J. L., Whitson, R. & Mollet, S. (2018). Feminist spaces: Gender and geography in a global context. Routledge. Ortner, S. (1974). Is female to male as nature is to culture? Woman, Culture, and Society (Michelle Rosaldo and Louise Lamphere, Eds). Stanford University Press. Oskarsson, P. (2018). Adivasi land rights and dispossession. Landlock: Paralysing Dispute over Minerals on Adivasi Land in India, 14, 29–50. www.jstor.org/stable/j.ctv75d8rq.8. Pariyadath, J. (2018). Mayilamma: The life of a tribal eco-warrior. (Swarnalatha Rangarajan and Sreejith Varma, Trans). Orient BlackSwan. Pedersen, K. (1998). Environmentalism in interreligious perspective. Explorations in global ethics. (Sumner Twiss and Bruce Grelle, Eds.). Westview Press. Pulido, L. (1996). Environmentalism and economic justice: Two Chicano struggles in the Southwest. University of Arizona Press. Rangarajan, S, and Varma, S R. (2018). Introduction. Mayilamma: The life of a tribal eco-warrior (pp. xxi-xxxix). Orient BlackSwan. Ranjan, R. (2018). Birsa Munda and his struggle in colonial India. Talking Humanities. Retrieved on November 26, 2019, from https://talkinghumanities.blogs.sas.ac.uk/2018/02/13/birsa-munda-and-his-struggle-in-colonial-india/. Shankar, R. (2004). Translator’s note. Mother Forest: The unfinished story of C K Janu (pp. ix-xii). Kali for Women. Showalter, E. (1981). Feminist criticism in the wilderness. Critical Inquiry, 8(2), 179-205. http://www.jstor.org/stable/1343159. Varma, S. R., & Rangarajan, S. (2018). The politics of land, water and toxins: Reading the life-narratives of three women oikos-carers from Kerala. In D. A. Vakoch & S. Mickey (Eds.) Women and nature?: Beyond dualism in gender, body, and environment (pp. 167–184). Routledge. Vickery, A. (1993). Golden age to separate spheres? A review of the categories and chronology of English women’s history. The Historical Journal, 36(2), 383–414. www.jstor.org/stable/2639654. Warren, K. J. (2000). Ecofeminist philosophy. Rowman & Littlefield Publishers. Williams, R. (1983). Keywords: A vocabulary of culture and society. Oxford University Press. Xaxa, V. (1999). Transformation of tribes in India: Terms of discourse. Economic and Political Weekly, 34(24), 1519–1524. https:// www.jstor.org/stable/4408077.
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Pears, Ben, Antony G. Brown, Phillip S. Toms, Jamie Wood, David Sanderson, and Richard Jones. "A sub-centennial-scale optically stimulated luminescence chronostratigraphy and late Holocene flood history from a temperate river confluence." Geology 48, no. 8 (May 18, 2020): 819–25. http://dx.doi.org/10.1130/g47079.1.

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Abstract River confluences can be metastable and contain valuable geological records of catchment response to decadal- to millennial-scale environmental change. However, in alluvial reaches, flood stratigraphies are particularly hard to date using 14C. In this paper, we use a novel combination of optically stimulated luminescence and multiproxy sedimentological analyses to provide a flood record for the confluence of the Rivers Severn and Teme (United Kingdom) over the past two millennia, which we compare with independent European climate records. The results show that by ca. 2000 yr B.P., the Severn-Teme confluence had stabilized and overbank alluviation had commenced. Initially, this occurred from moderately high flood magnitudes between ca. 2000 and 1800 yr B.P. (50 BCE–150 CE), but was followed from 1800 to 1600 yr B.P. (150–350 CE) by fine alluvial deposition and decreased flood intensity. From 1600 to 1400 yr B.P. (350–550 CE), the accumulation rate increased, with evidence of large flood events associated with the climatic deterioration of the Dark Age Cold Period. Following a period of reduced flood activity after ca. 1400 yr B.P. (ca. 550 CE), larger flood events and increase in accumulation rate once again became more prevalent from ca. 850 yr B.P. (ca. 1100 CE), coincident with the start of the Medieval Climate Anomaly, a period associated with warmer, wetter conditions and increased land-use intensity. This state persisted until ca. 450 yr B.P. (ca. 1500 CE), after which increased flood magnitudes can be associated with climatic variations during the Little Ice Age. We demonstrate that from the combination of high-resolution dating techniques and multiple analytical parameters, distinctive phases of relative flood magnitude versus flood duration can be determined to a detailed chronological precision beyond that possible from 14C dating. This permits the identification of the regional factors behind floodplain sedimentation, which we correlate with the intensification of land-use and climatic drivers over the last two millennia.
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Law, Jeanna Wallenta, Danny Idyro, Andrew Schrag, Frank Wolf, and Thomas D. Brown. "Abstract 445: Natural history of coagulopathy in patients with cancer infected with COVID19: A real-world data (RWD) analysis." Cancer Research 82, no. 12_Supplement (June 15, 2022): 445. http://dx.doi.org/10.1158/1538-7445.am2022-445.

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Abstract Background and Objective: Studies of hospitalized patients (pts) with COVID19 indicate that arterial or venous thrombotic complications occur in up to half of pts. Risk of these severe complications in pts with cancer is unknown. We estimated the incidence of arterial thrombosis (AT) and venous thromboembolism (VT) using RWD from pts with active or history of cancer with COVID19. Methods: Adult pts with cancer receiving treatment in community health systems, with COVID19 identified via ICD code or lab confirmation in 2020, were reviewed for incident AT and VT in a 90 day window following COVID19 diagnosis (index). AT was acute myocardial infarction (MI) or acute ischemic or embolic stroke (S). VT was acute deep venous thrombosis (DVT) or acute pulmonary embolism (PE). Medication use (anticoagulant, antiplatelet, statin) and comorbidities were assessed 6 months and 1 year prior to index, respectively. Results: Median age of 7,591 pts with cancer and COVID19 was 67 years and median follow up was 90 days. 32% of pts were hospitalized within 14 days, 2% received ventilator support, 6% had cardiovascular disease (CVD) and 1% had prior VT. Absolute risk of VT was significantly higher than AT (3% vs. 2%, chi square p= < 0.001), with 161 pts experiencing AT [81 (1%) MI; 80 (1%) S] and 240 pts experiencing VT [99 (1%) DVT; 158 (2%) PE]. This trend held across most subgroups (Table 1). The incidence rate per person-year was 0.094 for AT (0.047 MI, 0.046 S) and 0.141 for VT (0.058 DVT, 0.092 PE). CoxPH models did not show age, sex, comorbidities or medication use as significantly associated with higher probability of AT or VT. Conclusions: RWD showed pts with cancer and COVID19 were at higher risk for VT than AT. Pts who received ventilator support, or had prior VT or prior CVD had highest risk for these events. Severity of these outcomes emphasizes the need for risk reducing interventions. Acknowledgement of Reagan-Udall Foundation and Friends of Cancer Research COVID19 Evidence Accelerator. Table 1. Incidence of arterial and venous events stratified by baseline characteristics at COVID-19 diagnosis among n= 7,591 patients with cancer and infected with COVID19 Absolute Risk, N(%) Incidence Rate Total, N Arterial thrombosis Venous thromboembolism Chi square p-value Arterial thrombosis Venous thromboembolism p-value All 7,591 160 (2.1) 240 (3.2) <0.001 0.0935 0.1414 <0.001 Age 18-44 669 10 (1.5) 10 (1.5) 0.008 0.012 0.061 0.020 45-54 922 4 (0.4) 18 (2) 0.018 0.08 0.003 55-64 1751 26 (1.5) 54 (3.1) 0.062 0.129 0.001 65-74 2054 49 (2.4) 78 (3.8) 0.104 0.165 0.008 75-84 1506 55 (3.7) 60 (4) 0.169 0.184 0.557 85+ 689 24 (3.5) 20 (2.9) 0.18 0.15 0.542 Sex Female 4142 75 (1.8) 126 (3) 0.338 0.078 0.131 0.000 Male 3449 85 (2.5) 114 (3.3) 0.11 0.148 0.030 Race Black 1437 31 (2.2) 61 (4.2) 0.215 0.095 0.187 0.001 White 5054 113 (2.2) 157 (3.1) 0.098 0.137 0.003 Other/Unknown 1100 16 (1.5) 22 (2) 0.061 0.084 0.724 Severity of infection at diagnosis Not hospitalized 5815 78 (1.3) 141 (2.4) 0.0676 0.06 0.105 <0.001 Hospitalized, no ventilator support 1710 76 (4.4) 92 (5.4) 0.21 0.261 0.143 Hospitalized with ventilator support 106 6 (9.1) 7 (10.6) 0.326 0.326 0.965 Existing Cardiovascular disease Yes 467 94 (20.2) 23 (4.9) <0.001 0.105 0.06 <0.001 No 7124 66 (0.9) 217 (3) 0.21 0.261 <0.001 And baseline anticoagulant use 122 27 (22.1) 9 (7.4) <0.001 0.326 0.326 0.602 And no baseline anticoagulant use 7469 67 (19.5) 14 (4.1) 0.088 0.054 <0.001 Previous Venous thromboembolism Yes 312 12 (3.8) 64 (20.5) <0.001 0.184 0.981 <0.001 No 7279 148 (2.0) 176 (2.3) 0.089 0.105 0.542 And baseline anticoagulant use 121 9 (4.7) 22 (11.6) 0.273 0.397 0.969 <0.001 And no baseline anticoagulant use 7470 3 (1.6) 42 (22.1) 0.088 0.127 0.003 Existing Thrombocytosis (via ICD or platelet count >450 x 10^9/L) Yes 185 5 (2.7) 7 (3.8) 1 0.123 0.172 0.087 No 7406 155 (2.1) 233 (3.1) 0.091 0.137 <0.001 Citation Format: Jeanna Wallenta Law, Danny Idyro, Andrew Schrag, Frank Wolf, Thomas D. Brown. Natural history of coagulopathy in patients with cancer infected with COVID19: A real-world data (RWD) analysis [abstract]. In: Proceedings of the American Association for Cancer Research Annual Meeting 2022; 2022 Apr 8-13. Philadelphia (PA): AACR; Cancer Res 2022;82(12_Suppl):Abstract nr 445.
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Motta, Irene, Mirella Filocamo, Marina Stroppiano, Erika Poggiali, Alfredo Dragani, and Maria Domenica. "A Multicenter Observational Study For Early Diagnosis Of Gaucher Disease In Patients With Splenomegaly and/Or Thrombocytopenia." Blood 122, no. 21 (November 15, 2013): 4712. http://dx.doi.org/10.1182/blood.v122.21.4712.4712.

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Background Gaucher disease (GD) is an autosomal recessive lysosomal storage disorder resulting from deficiency of beta-glucosidase and accumulation of glucocerebroside in the reticuloendothelial cells. Prevalence of GD is elevated in Ashkenazi Jewish population (1/450-1/1000), and rare in the non-Ashkenazi (1/40000-1/60000). GD is a multisystemic disease; cytopenias and splenomegaly are frequently the presenting symptoms leading to hematological evaluation. Data from the Gaucher Registry 2008 show that splenomegaly and thrombocytopenia are present at diagnosis in more than 5000 patients (respectively 86% and 60%). Because of the non-specific presenting symptoms, diagnostic delays are frequent, leading to severe complications, including hematological malignancies. Enzyme replacement therapy is available and effective in reversing or preventing many manifestations (Weinreb 2002). A global survey among 406 Hematology-Oncology specialists demonstrated that only 20% consider GD in the differential diagnosis of cytopenia, hepatosplenomegaly, and bone pain (Mistry 2007). It is clear that a different approach based on a specific diagnostic algorithm is necessary to avoid under-diagnosis (Mistry 2010). Aims The aim of this multicenter observational study is to evaluate the prevalence of GD in a selected population presenting to hematological clinic with at least one of the including criteria: 1) splenomegaly, or 2) thrombocytopenia associated to at least one of the following signs: anemia (Hb<11 g/dl in women, and Hb<12 g/dl in men), MGUS, policlonal gammopathy in patient younger than 30 yrs, splenectomy or history of bone pain. Exclusion criteria are: a) portal hypertension in chronic liver disease, b) hematological malignancy, c) hemoglobinopathies or other hemolitic anemias. Methods Thirty-five Italian Hematologic Centers participate in this study. According to a preliminary survey, among all the first hematological evaluations per year (mean of 1100 evaluations per center), the 18% (198) was positive for splenomegaly and/or thrombocytopenia; among them the 11% (21.7) did not receive a diagnosis. Based on these results, 762 (35 x 21.7) patients were expected to be tested every year. Patients fulfilling including criteria who have given their informed consent were recruited into the study and tested for beta-glucosidase enzyme activity on Dried Blood Spot (DBS). DBS-based approach, set up by Olivova et al. (Olivova 2008), was firstly validated by conventional enzymatic testing on 25 GD patients’ and 25 (out of 250) controls’ samples. All the analysis are centralized and performed at Gaslini Institute, Genoa. Results showing decreased or borderline beta-glucosidase activity (cut off=12.42±8.2 pmol punch-1 h-1) require conventional diagnostic approaches which include enzymatic genetic testing in the leukocytes from fresh blood and cell lines (Epstein-Barr virus–transformed lymphoblasts from blood or fibroblasts from skin biopsy), and in the case of diagnosis confirmation, the molecular genetic analysis. The expected duration of the study was 24 months, starting from September 2010, subsequently extended up to the enrolment of 500 patients (recruitment still active at present). Data are collected and analyzed at Rare Disease Center, Fondazione IRCCS Cà Granda Ospedale Maggiore Policlinico, Milan. We compared clinical, hematological and biochemical parameters between patients affected and unaffected by GD with Wilcoxon rank-sum (Mann-Whitney) test. Results Starting from September 2010, 180 patients (55 females, 125 males) have been enrolled. The mean age of patients was 49.2±18.1 yrs; all the patients are non-Ashkenazi. The inclusion criteria were splenomegaly alone in 114 patients, thrombocytopenia alone in 7 patients and both of them in 59 patients. Six (3.4%) patients were diagnosed with GD. The mean age at diagnosis was 32.6±8.6 yrs. Among clinical and laboratory parameters, only mean serum ferritin was significantly increased in patients affected by GD (660±541 ng/ml, range 1457-294) compared to non-GD patients (229±269 ng/ml, range 1500-5, p=0.02). Conclusion The use of a simple diagnostic algorithm helps to identify GD patients presenting to haematologists. These results are clinically relevant because an early diagnosis of GD leads to an appropriate and prompt therapy to prevent the development of complications. Disclosures: No relevant conflicts of interest to declare.
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"Medieval Literary Theory and Criticism, c. 1100-c. 1375: The Commentary-Tradition.A. J. Minnis, A. B. Scott, David Wallace." Speculum 66, no. 2 (April 1991): 451–53. http://dx.doi.org/10.2307/2864194.

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Allehbi, Mohammed. "“It is Permitted for the Amīr but not the Qāḍī”: The Military-Administrative Genealogy of Coercion in Abbasid Criminal Justice." Islamic Law and Society, November 22, 2022, 1–31. http://dx.doi.org/10.1163/15685195-bja10030.

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Abstract Muslim rulers and law enforcers used coercion as an evidentiary method for criminal cases during the Abbasid period. These coercive procedures consisted of imprisonment, threats of beatings, and lashings. Coercive interrogations were shaped by the practices of the shurṭa (criminal magistrates and police chiefs), based on military methods, administrative precedents, and discretion, not on fiqh (Islamic substantive law). In the Abbasid era (300–500 A.H./900–1100 C.E.), government officials, such as Ibn Wahb (d. after 335/946), and even some jurists, particularly the chief judge al-Māwardī (d. 450/1058), legitimized these coercive practices by framing their use as a matter determined by authority and jurisdiction. By tracing the military-administrative genealogy of coercion, I seek to examine the methods and reasoning that constituted the criminal justice system that came to be known as siyāsa. Drawing on various administrative and literary sources, I examine a history of coercion in Islamic law beyond fiqh.
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Senger, Saesha. "Place, Space, and Time in MC Solaar’s American Francophone." M/C Journal 19, no. 3 (June 22, 2016). http://dx.doi.org/10.5204/mcj.1100.

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Murray Forman’s text The ‘Hood Comes First: Race, Space, and Place in Rap and Hip-Hop provides insightful commentary on the workings of and relationship between place and space. To highlight the difference of scale between these two parameters, he writes that, “place defines the immediate locale of human interaction in the particular, whereas space is the expanse of mobile trajectories through which subjects pass in their circulation between or among distinct and varied places” (25). This statement reflects Doreen Massey’s earlier observation from her book Space, Place, and Gender that “one view of a place is as a particular articulation” of the spatial (5). These descriptions clarify how human action shapes, and is shaped by, what Forman describes as the “more narrowly circumscribed parameters” of place (25) and the broader realm of space. Clearly, these two terms describe interconnected components that are socially constructed and dynamic: that is, they operate at different scales but are constructed in time, constantly reshaped by human action and perception. “Space and time are inextricably interwoven,” states Massey. She continues: “It is not that the interrelations between objects occur in space and time; it is these relationships themselves which create/define space and time” (261). If place and space represent different scales of social interaction and space and time are interconnected, place and time must be linked as well.While this indicates that human experience and representation operate on different scales, it is important to note that these two factors are also interrelated. As Stuart Hall writes, “[I]t is only through the way in which we represent and imagine ourselves that we come to know how we are constituted and who we are” (473). There is no objective experience, only that which is subjectively represented through various means. Through depictions of these relationships between place, space, and time, rap music shapes listeners’ comprehension of these parameters. DJs, MCs, producers, and other creative artists express personal observations through the influence of both the local and global, the past and present. In rap lyrics and their musical accompaniment, countries, cities, neighbourhoods, and even specific government housing developments inform the music, but the identities of these places and spaces are not fixed – for the performers or for the audience. They are more than the backdrop for what happens, inanimate structures or coordinates of latitude and longitude. Their dynamic nature, and their representation in music, serves to continually redefine “how we are constituted and who we are” (473).In MC Solaar’s Léve-toi et Rap from his 2001 album Cinquième as and his song Nouveau Western, from 1994’s Prose Combat, this is demonstrated in two very different ways. Léve-toi et Rap, a personal history told in the first person, clearly demonstrates both American hip-hop lineage and the transnational influences of Solaar’s upbringing. This song serves as an example of the adoption of American musical and lyrical techniques as means through which personally empowering, often place-based stories are told. In Nouveau Western, the narrative demonstrates the negative effects of globalization through this story about a geographically and temporally transported American cowboy. This track employs musical materials in a way that reflects the more critical lyrical commentary on the repercussions of American cultural and economic power. Through the manner of his storytelling, and through the stories themselves, MC Solaar explicitly demonstrates his own agency in representing, and thus constructing the meaning of, dynamic place and space as they are defined from these two perspectives.As a Paris-based French rapper, MC Solaar often makes his affiliation to this geographic focal point significant in his lyrics. This is especially clear in Léve-toi et Rap, in which Parisian banlieues (HLM government housing projects), nightclubs, and other places figure prominently in the text. From the lyrics, one learns a great deal about this rapper and his background: MC Solaar was born in Senegal, but his parents brought him to France when he was young (MC Solaar, “Léve-toi et Rap”; Petetin, 802, 805). He grew up struggling with the isolation and social problems of the banlieues and the discrimination he faced as an immigrant. He began rapping, established a musical career, and now encourages others to rap as a means of making something constructive out of a challenging situation. In the excerpt below, MC Solaar explains these origins and the move to the banlieues (Solaar, “Lève-toi et rap;” All translations by the author).Lève-toi et rap elaborates on the connection between the local and global in rap music, and between place, space, and time. The lyrics and music represent these properties in part by appropriating American rap’s stylistic practices. The introductory chorus incorporates sampled lyrics of the American artists Lords of the Underground, the Beastie Boys, Nas, and Redman (Various Contributors, “‘Lève-toi et rap’ Direct Sample of Vocals/Lyrics,” whosampled.com.). A bassline originally recorded by the funk group The Crusaders grounds the musical accompaniment that begins with the first verse (partially printed above), in which MC Solaar begins to depict his own place and space as he has experienced it temporally.In this chorus, the first sample is “I remember way back in the days on my block” from Lords of the Underground’s song Tic-Toc. This leads to “Oh My God” and “Ah, Ah, Ah,” both samples from Q-Tip’s contribution to the Beastie Boys’ song Get It Together. “I Excel,” which appears in Nas’s It Ain’t Hard to Tell comes next. The last sample, “Who Got the Funk,” is from Can’t Wait by Redman (Lords of the Underground, “Tic-Tic;” Beastie Boys and Q-Tip, “Get It Together;” Nas, “It Ain’t Hard to Tell;” The Crusaders, “The Well’s Gone Dry”).Scratching begins the introductory chorus (printed below), which ends with a voice announcing “MC Solaar.” At this point, the sampled bassline from The Crusaders’ 1974 song The Well’s Gone Dry begins.[Scratching]I remember back in the days on my block... Lords of the UndergroundOh my God... Ah, Ah, Ah... Beastie Boys and Q-TipI excel… NasWho got the funk... RedmanMC Solaar[Crusaders sample begins] The rap samples all date from 1994, the year Solaar released his well-received album Prose Combat and most are strategically placed: the first sample originated in the last verse of Tic-Toc, the Q-Tip samples in the middle are from the middle of Get It Together, and the last sample, “I Excel,” is from the first line of It Ain’t Hard to Tell. As Lève-toi et rap continues, MC Solaar’s statement of the song title itself replaces the iteration “MC Solaar” of the first chorus. In a sense, “Lève-toi et rap” becomes the last sample of the chorus. Through these American references, Solaar demonstrates an affiliation with the place in which rap is commonly known to have originally coalesced. For French rappers consciously working to prove their connection to rap’s lineage, such demonstrations are useful (Faure and Garcia, 81-82). Achieved by sampling music and lyrics from 1974 and 1994 from sources that are not all that obvious to a casual listener, Solaar spatially connects his work to the roots of rap (Shusterman, 214). These particular samples also highlight a spatial relationship to particular styles of rap that represent place and space in particular ways. Nas and Lords of the Underground, for instance, have added to the discourse on street credibility and authenticity, while Q-tip has provided commentary on social and political issues. MC Solaar’s own story widens the parameters for illustrating these concepts, as he incorporates the personally significant places such as Senegal, Chad, and the Saint Denis banlieue to establish street credibility on a transnational scale; the lyrics also describe serious social and political issues, including the “skinheads” he encountered while living in Paris. Dynamic place is clear throughout all of this, as everything occurring in these places is meaningful in part because of the unavoidable relationship with the passing of time – Solaar’s birth, his upbringing, and his success occurred through his choices and social interactions in specific places.Looking more closely at the representation of place and time, Lève-toi et rap is less than straightforward. As discussed previously, some of the vocal samples are rearranged, demonstrating purposeful alteration of pre-recorded material; in contrast, the use of a repeated funk bassline sample during a clear narrative of Solaar’s life juxtaposes a linear story with a non-linear musical accompaniment. To this, MC Solaar made a contemporary textual contribution to later choruses, with the title of the song added as the chorus’s last line. Such manipulation in the context of this first-person narrative to express this movement supports the conclusion that, far from being a victim of political and economic forces, MC Solaar has used them to his advantage. After all, the title of the song itself, Lève-toi et rap, translates roughly to “get up and rap.”In addition to manipulating the materials of American rap and funk for this purpose, Solaar’s use of verlan, a type of slang used in the banlieues, brings another level of locality to Lève-toi et rap. The use of verlan brings the song’s association with French banlieue culture closer: by communicating in a dialect fluently understood by relatively few, rappers ensure that their message will be understood best by those who share the constellation of social and temporal relations of these housing developments (Milon, 75). Adding verlan to other slang and to unique grammatical rules, the rap of the banlieues is to some extent in its own language (Prévos, “Business” 902-903).Referring to MC Solaar’s 1994 album Prose Combat, André Prévos observed that this material “clearly illustrates the continuity of this tradition, all the while adding an identifiable element of social and personal protest as well as an identifiable amount of ‘signifying’ also inspired by African American hip-hip lyrics” (Prévos, “Postcolonial” 43). While it is clear at this point that this is also true for Lève-toi et rap from Cinquème as, Nouveau Western from Prose Combat demonstrates continuity in different way. To start, the samples used in this song create a more seamless texture. A sample from the accompaniment to Serge Gainsbourg’s Bonnie and Clyde from 1967 undergirds the song, providing a French pop reference to a story about an American character (Various Contributors, “Nouveau Western” whosampled.com). The bassline from Bonnie and Clyde is present throughout Nouveau Western, while the orchestral layer from the sample is heard during sections of the verses and choruses. Parts of the song also feature alto saxophone samples that provide continuity with the jazz-influenced character of many songs on this album.The contrasts with Lève-toi et rap continue with the lyrical content. Rather than describing his own process of acquiring knowledge and skill as he moved in time from place to place, in Nouveau Western MC Solaar tells the story of a cowboy named “Harry Zona” who was proud and independent living in Arizona, hunting for gold with his horse, but who becomes a victim in contemporary Paris. In the fabled west, the guns he carries and his method of transportation facilitate his mission: Il erre dans les plaines, fier, solitaire. Son cheval est son partenaire [He wanders the plains, proud, alone. His horse is his partner.]. After suddenly being transported to modern-day Paris, he orders a drink from an “Indian,” at a bistro and “scalps” the foam off, but this is surely a different kind of person and practice than Solaar describes Harry encountering in the States (MC Solaar, “Nouveau Western”).After leaving the bistro, Harry is arrested driving his stagecoach on the highway and shut away by the authorities in Fresnes prison for his aberrant behaviour. His pursuit of gold worked for him in the first context, but the quest for wealth advanced in his home country contributed to the conditions he now faces, and which MC Solaar critiques, later in the song. He raps, Les States sont comme une sorte de multinationale / Elle exporte le western et son monde féudal / Dicte le bien, le mal, Lucky Luke et les Dalton [The States are a kind of multinational”/ “They export the western and its feudal way/ Dictate the good the bad, Lucky Luke and the Daltons] (MC Solaar, “Nouveau Western”).Harry seems to thrive in the environment portrayed as the old west: as solitary hero, he serves as a symbol of the States’ independent spirit. In the nouveau far west [new far west] francophone comic book characters Lucky Luke and the Daltons sont camouflés en Paul Smith’s et Wesson [are camouflaged in Paul Smith’s and Wesson], and Harry is not equipped to cope with this confusing combination. He is lost as he negotiates le système moderne se noie l’individu [the modern system that drowns the individual]. To return to Bonnie and Clyde, these ill-fated and oft-fabled figures weren’t so triumphant either, and in Gainsbourg’s song, they are represented by 1960s French pop rather than by even a hint of local 1930s musical traditions. “Harry Zona” is not the only person whose story unfolds through the lens of another culture.While Solaar avoids heavy use of verlan or other Parisian slang in this song, he does use several American cultural references, some of which I have already mentioned. In addition, the word “western” refers to western movies, but it also serves as another term for the United States and its cultural exports. “Hollywood” is another term for the west, and in this context MC Solaar warns his listeners to question this fictional setting. Following his observation that John Wayne looks like Lucky Luke, “well groomed like an archduke,” he exclaims Hollywood nous berne, Hollywood berne! [Hollywood fooled us! Hollywood fools!]. This is followed by, on dit gare au gorille, mais gare à Gary Cooper [as they say watch out for the gorilla, watch out for Gary Cooper]. Slick characters like the ones Gary Cooper played have ultimately served as cultural capital that has generated economic capital for the “multinational” States that Solaar describes. As Harry moves “epochs and places,” he discovers that this sort of influence, now disguised in fashion-forward clothing, is more influential than his Smith and Wesson of the old west (MC Solaar, “Nouveau Western”).It is important to note that this narrative is described with the language of the cultural force that it critiques. As Geoffrey Baker writes, “MC Solaar delves into the masterpieces and linguistic arsenal of his colonizers in order to twist the very foundations of their linguistic oppression against them” (Baker, 241). These linguistic – and cultural – references facilitate this ironic critique of the “new Far West”: Harry suffers in the grip of a more sophisticated gold rush (MC Solaar, “Nouveau Western”).Lève-toi et rap transforms musical and verbal language as well, but the changes are more overt. Even though the musical samples are distinctly American, they are transformed, and non-American places of import to MC Solaar are described with heavy use of slang. This situates the song in American and French cultural territory while demonstrating Solaar’s manipulation of both. He is empowered by the specialized expression of place and space, and by the loud and proud references to a dynamic upbringing, in which struggle culminates in triumph.Empowerment through such manipulation is an attractive interpretation, but because this exercise includes the transformation of a colonizer’s language, it ultimately depends on understanding rap as linked to some extent to what Murray Forman and Tricia Rose describe as “Western cultural imperialism” (Rose, 19; Forman, 21). Both Rose and Forman point out that rap has benefitted from what Rose describes as “the disproportionate exposure of U.S. artists around the world,” (Rose, 19) even though this music has provided an avenue through which marginalized groups have articulated social and political concerns (Rose, 19; Forman 21). The “transnational circulation of contemporary culture industries” that Forman describes (21) has benefitted multinational corporations, but it has also provided new means of expression for those reached by this global circulation. Additionally, this process has engendered a sense of community around the world among those who identify with rap’s musical and lyrical practices and content; in many cases, rap’s connection to the African diaspora is a significant factor in the music’s appeal. This larger spatial connection occurs alongside more locally place-based connections. Lève-toi et rap clearly manifests this sense of simultaneously negotiating one’s role as a global citizen and as an individual firmly grounded in the place and space of local experience.Even though rap has been a music of resistance to hegemonic social and economic forces for people around the world, it is nonetheless important to recognize that the forces that have disseminated this music on a global scale have contributed to the unequal distribution of wealth and power. Working within this system is almost always unavoidable for rappers, many of whom criticize these conditions in their music, but depend on these transnational corporations for their success. Paul A. Silverstein writes that “hip-hop formations themselves, while enunciating an explicit critique of both state interventionism and the global market, have directly benefited from both and, to be sure, simultaneously desire their end and their continuation” (47-48). This is very clear in Nouveau Western, which Silverstein writes “portrayed neo-liberalism as a ‘new Far West’ where credit cards replace Remingtons.” (48) That this critique has reached a large audience in the francophone world and elsewhere highlights the irony of the situation: under the current system of popular musical production and circulation, such material often must reach its audience through complicity with the very system it denounces. This view on the mixture of the local and global presented in these songs illustrates this confusing situation, but from another perspective, the representation of social interaction on varying scales connects to the factors that have contributed to rap since its inception. Local places and geographically broad spatial connections have been articulated in constantly changing ways through musical and lyrical sampling, original lyrical references, and the uses that creators, listeners, and the industry enact vis-à-vis global rap culture. Whether revealed through clear references to American rap that facilitate a personal narrative or through a more complicated critique of American culture, MC Solaar’s songs Lève-toi et rap and Nouveau Western expose some accomplishments of a French rapper whose work reveals personal agency both outside and within the “multinational” United States. ReferencesBaker, Geoffrey. “Preachers, Gangsters, Pranksters: MC Solaar and Hip-Hop as Overt and Covert Revolt.” The Journal of Popular Culture 44 (2011): 233-54.Beastie Boys and Q-Tip. “Get It Together.” Ill Communication. Grand Royal Records, 1994. CD.Faure, Sylvia, and Marie-Carmen Garcia. “Conflits de Valeurs et Générations.” Culture Hip Hop Jeunes des Cités et Politiques Publiques. Paris: La Dispute SNÉDIT, 2005. 69-83. Forman, Murray. “Space Matters: Hip-Hop and the Spatial Perspective.” The ‘Hood Comes First: Race, Space and Place in Rap and Hip-Hop. Middletown: Wesleyan UP, 2002. 1- 34. Hall, Stuart. “What Is This ‘Black’ in Black Popular Culture?” Critical Dialogues in Cultural Studies, Edited by David Morley and Kuan-Hsing Chen. London: Routledge, 1996. 465-475. Lords of the Underground. “Tic-Tic.” Keepers of the Funk. Pendulum Records, 1994. CD.Massey, Doreen. Space, Place and Gender. Minneapolis: U of Minnesota Press, 1994. 19-24.Milon, Alain. “Pourquoi le Rappeur Chante? Le Rap comme Expression de la Relégation Urbaine.” Cités 19 (2004): 71-80.MC Solaar (Claude M’Barali). “Lève-toi et rap.” Cinquème as. Wea International, 2001. CD.———. “Nouveau Western.” Prose Combat. Cohiba, 1994. CD.Nas. “It Ain’t Hard to Tell.” Illmatic. Columbia Records, 1994. CD.Petetin, Véronique. “Slam, Rap, et ‘Mondialité.” Études 6 (June 2009): 797-808.Prévos, André J.M. “Le Business du Rap en France.” The French Review 74 (April 2001): 900-21.———. “Postcolonial Popular Music in France.” Global Noise: Rap and Hip-Hop outside the USA. Ed. Tony Mitchell. Middletown: Wesleyan UP, 2001. 39-56. Rose, Tricia. Black Noise: Rap Music and Black Culture in Contemporary America. Middletown: Wesleyan UP, 1994.Shusterman, Richard. “L’Estitique Postmoderne du Rap.” Rue Deseartes 5/6 (November 1992): 209-28.Silverstein, Paul A. “‘Why Are We Waiting to Start the Fire?’: French Gangsta Rap and the Critique of State Capitalism.” Black, Blanc, Beur: Rap Music and Hip-Hop Culture in the Francophone World. Ed. Alain-Philippe Durand. Oxford: Scarecrow Press, 2002. 45-67. The Crusaders. “The Well’s Gone Dry.” Southern Comfort. ABC/Blue Thumb Records, 1974. CD.Various Contributors. “‘Lève-toi et rap’ Direct Sample of Vocals/Lyrics.” whosampled.com.———. “‘Nouveau Western’ Direct Sample of Hook/Riff.” whosampled.com.Various Contributors. “MC Solaar – ‘Lève-toi et rap’ Lyrics.” Rap Genius.
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Bowles-Smith, Emily. "Recovering Love’s Fugitive: Elizabeth Wilmot and the Oscillations between the Sexual and Textual Body in a Libertine Woman’s Manuscript Poetry." M/C Journal 11, no. 6 (November 28, 2008). http://dx.doi.org/10.5204/mcj.73.

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Abstract:
Elizabeth Wilmot, Countess of Rochester, is best known to most modern readers as the woman John Wilmot, Earl of Rochester, abducted and later wed. As Samuel Pepys memorably records in his diary entry for 28 May 1665:Thence to my Lady Sandwich’s, where, to my shame, I had not been a great while before. Here, upon my telling her a story of my Lord Rochester’s running away on Friday night last with Mrs Mallet, the great beauty and fortune of the North, who had supped at Whitehall with Mrs Stewart, and was going home to her lodgings with her grandfather, my Lord Haly, by coach; and was at Charing Cross seized on by both horse and footmen, and forcibly taken from him, and put into a coach with six horses, and two women provided to receive her, and carried away. Upon immediate pursuit, my Lord of Rochester (for whom the King had spoke to the lady often, but with no success) was taken at Uxbridge; but the lady is not yet heard of, and the King mighty angry and the Lord sent to the Tower. (http://www.pepysdiary.com/)Here Pepys provides an anecdote that offers what Helen Deutsch has described in another context as “the elusive possibility of truth embodied by ‘things in themselves,’ by the things, that is, preserved in anecdotal form” (28). Pepys’s diary entry yields up an “elusive possibility” of embodied truth; his version of Wilmot’s abduction solidifies what he perceives to be the most notable features of her identity: her beauty, her wealth, and her sexual trajectory.Pepys’s conclusion that “the lady is not yet heard of” complicates this idea of anecdotal preservation, for he neatly ties up his story of Wilmot’s body by erasing her from it: she is removed, voiceless and disembodied, from even this anecdote of her own abduction. Pepys’s double maneuver demonstrates the complex set of interactions surrounding the preservation of early modern women’s sexual and textual selves. Written into Pepys’s diary and writing in conversation with her husband, Wilmot has generally been treated as a subordinate historical and literary figure—a character rather than an agent or an author. The richness of Wilmot’s own writing has been largely ignored; her manuscript poetry has been treated as an artefact and a source of autobiographical material, whereas Rochester’s poetry—itself teeming with autobiographical details, references to material culture, and ephemera—is recognised and esteemed as literary. Rochester’s work provides a tremendous resource, a window through which we can read and re-read his wife’s work in ways that enlighten and open up readings rather than closing them down, and her works similarly complicate his writings.By looking at Wilmot as a case study, I would like to draw attention to some of the continued dilemmas that scholars face when we attempt to recover early modern women’s writing. With this study, I will focus on distinct features of Wilmot’s sexual and textual identity. I will consider assumptions about female docility; the politics and poetics of erotic espionage; and Wilmot’s construction of fugitive desires in her poetry. Like the writings of many early modern women, Wilmot’s manuscript poetry challenges assumptions about the intersections of gender, sexuality, and authorship. Early Modern Women’s Docile Bodies?As the entry from Pepys’s diary suggests, Wilmot has been constructed as a docile female body—she is rendered “ideal” according to a set of gendered practices by which “inferior status has been inscribed” on her body (Bartky 139). Contrasting Pepys’s references to Wilmot’s beauty and marriageability with Wilmot’s own vivid descriptions of sexual desire highlights Wilmot’s tactical awareness and deployment of her inscribed form. In one of her manuscript poems, she writes:Nothing ades to Loves fond fireMore than scorn and cold disdainI to cherish your desirekindness used but twas in vainyou insulted on your SlaveTo be mine you soon refusedHope hope not then the power to haveWhich ingloriously you used. (230)This poem yields up a wealth of autobiographical information and provides glimpses into Wilmot’s psychology. Rochester spent much of his married life having affairs with women and men, and Wilmot represents herself as embodying her devotion to her husband even as he rejects her. In a recent blog entry about Wilmot’s poetry, Ellen Moody suggests that Wilmot “must maintain her invulnerable guard or will be hurt; the mores damn her whatever she does.” Interpretations of Wilmot’s verse typically overlay such sentiments on her words: she is damned by social mores, forced to configure her body and desire according to rigorous social codes that expect women to be pure and inviolable yet also accessible to their lovers and “invulnerable” to the pain produced by infidelity. Such interpretations, however, deny Wilmot the textual and sexual agency accorded to Rochester, begging the question of whether or not we have moved beyond reading women’s writing as essential, natural, and embodied. Thus while these lines might in fact yield up insights into Wilmot’s psychosocial and sexual identities, we continue to marginalise her writing and by extension her author-self if we insist on taking her words at face value. Compare, for example, Wilmot’s verse to the following song by her contemporary Aphra Behn:Love in Fantastique Triumph satt,Whilst Bleeding Hearts a round him flow’d,For whom Fresh paines he did Create,And strange Tyranick power he show’d;From thy Bright Eyes he took his fire,Which round about, in sports he hurl’d;But ’twas from mine, he took desire,Enough to undo the Amorous World. (53) This poem, which first appeared in Behn’s tragedy Abdelazer (1677) and was later printed in Poems upon Several Occasions (1684), was one of Behn’s most popular lyric verses. In the 1920s and 1930s Ernest Bernbaum, Montague Summers, Edmund Gosse, and others mined Behn’s works for autobiographical details and suggested that such historical details were all that her works offered—a trend that continued, disturbingly, into the later half of the twentieth century. Since the 1980s, Paula R. Backscheider, Ros Ballaster, Catherine Gallagher, Robert Markley, Paul Salzman, Jane Spencer, and Janet Todd have shown that Behn’s works are not simple autobiographical documents; they are the carefully crafted productions of a literary professional. Even though Behn’s song evokes a masochistic relationship between lover and beloved much like Wilmot’s song, critics treat “Love Arm’d” as a literary work rather than a literal transcription of female desire. Of course there are material differences between Wilmot’s song and Behn’s “Love Arm’d,” the most notable of which involves Behn’s self-conscious professionalism and her poem’s entrenchment in the structures of performance and print culture. But as scholars including Kathryn King and Margaret J. M. Ezell have begun to suggest, print publication was not the only way for writers to produce and circulate literary texts. King has demonstrated the ways in which female authors of manuscripts were producing social texts (563), and Ezell has shown that “collapsing ‘public’ into ‘publication’” leads modern readers to “overlook the importance of the social function of literature for women as well as men” (39). Wilmot’s poems did not go through the same material, ideological, and commercial processes as Behn’s poems did, but they participated in a social and cultural network of exchange that operated according to its own rules and that, significantly, was the same network that Rochester himself used for the circulation of his verses. Wilmot’s writings constitute about half of the manuscript Portland PwV 31, held by Hallward Library, University of Nottingham—a manuscript catalogued in the Perdita Project but lacking a description and biographical note. Teresa D. Kemp has discussed the impact of the Perdita Project on the study of early modern women’s writing in Feminist Teacher, and Jill Seal Millman and Elizabeth Clarke (both of whom are involved with the project) have also written articles about the usability of the database. Like many of the women writers catalogued by the Perdita Project, Wilmot lacks her own entry in the Dictionary of National Biography and is instead relegated to the periphery in Rochester’s entry.The nineteen-page folio includes poems by both Rochester and Wilmot. The first eight poems are autograph manuscript poems by Rochester, and a scene from a manuscript play ‘Scaene 1st, Mr. Daynty’s chamber’ is also included. The remaining poems, excluding one without attribution, are by Wilmot and are identified on the finding aid as follows:Autograph MS poem, entitled ‘Song’, by Elizabeth WilmotAutograph MS poem, entitled ‘Song’, by Elizabeth WilmotAutograph MS poem, entitled ‘Song’, by Elizabeth WilmotMS poem, untitled, not ascribed Autograph MS poem, entitled ‘Song’, by Elizabeth WilmotAutograph MS poem, untitled, by Elizabeth WilmotAutograph MS poem, untitled, by Elizabeth WilmotAutograph MS poem, untitled, by Elizabeth Wilmot Autograph MS poem, untitled, by Elizabeth WilmotTwo of the songs (including the lyric quoted above) have been published in Kissing the Rod with the disclaimer that marks of revision reveal that “Lady Rochester was not serving as an amanuensis for her husband” yet the editors maintain that “some sort of literary collaboration cannot be ruled out” (230), implying that Rochester helped his wife write her poetry. Establishing a non-hierarchical strategy for reading women’s collaborative manuscript writing here seems necessary. Unlike Behn, who produced works in manuscript and in print and whose maximization of the slippages between these modes has recently been analyzed by Anne Russell, Wilmot and Rochester both wrote primarily in manuscript. Yet only Rochester’s writings have been accorded literary status by historians of the book and of manuscript theory such as Harold Love and Arthur Marotti. Even though John Wilders notes that Rochester’s earliest poems were dialogues written with his wife, the literariness of her contributions is often undercut. Wilders offers a helpful suggestion that the dialogues set up by these poems helps “hint … at further complexities in the other” (51), but the complexities are identified as sexual rather than textual. Further, the poems are treated as responses to Rochester rather than conversations with him. Readers like Moody, moreover, draw reflections of marital psychology from Wilmot’s poems instead of considering their polysemic qualities and other literary traits. Instead of approaching the lines quoted above from Wilmot’s song as indications of her erotic and conjugal desire for her husband, we can consider her confident deployment of metaphysical conceits, her careful rhymes, and her visceral imagery. Furthermore, we can locate ways in which Wilmot and Rochester use the device of the answer poem to build a complex dialogue rather than a hierarchical relationship in which one voice dominates the other. The poems comprising Portland PwV 31 are written in two hands and two voices; they complement one another, but neither contains or controls the other. Despite the fact that David Farley-Hills dismissively calls this an “‘answer’ to this poem written in Lady Rochester’s handwriting” (29), the verses coexist in playful exchange textually as well as sexually. Erotic Exchange, Erotic EspionageBut does a reorientation of literary criticism away from Wilmot’s body and towards her body of verse necessarily entail a loss of her sexual and artefactual identity? Along with the account from Pepys’s diary mentioned at the outset of this study, letters from Rochester to his wife survive that provide a prosaic account of the couple’s married life. For instance, Rochester writes to her: “I love not myself as much as you do” (quoted in Green 159). Letters from Rochester to his wife typically showcase his playfulness, wit, and ribaldry (in one letter, he berates the artist responsible for two miniatures of Wilmot in strokes that are humorous yet also charged with a satire that borders on invective). The couple’s relationship was beleaguered by the doubts, infidelities, and sexual double standards that an autobiographical reading of Wilmot’s songs yields up, therefore it seems as counterproductive for feminist literary theory, criticism, and recovery work to entirely dispense with the autobiographical readings as it seems reductive to entirely rely on them. When approaching works like these manuscript poems, then, I propose using a model of erotic exchange and erotic espionage in tandem with more text-bound modes of literary criticism. To make this maneuver, we might begin by considering Gayle Rubin’s proposition that “If women are the gifts, then it is men who are the exchange partners. And it is the partners, not the presents, upon whom reciprocal exchange confers its quasi-mystical power of social linkage” (398). Wilmot’s poetry relentlessly unsettles the binary set up between partner and present, thereby demanding a more pluralistic identification of sexual and textual economies. Wilmot constructs Rochester as absent (“Thats caused by absence norished by despaire”), which is an explicit inversion of the gendered terms stereotypically deployed in poetry (the absent woman in works by Rochester as well as later satirists like Jonathan Swift and Alexander Pope often catalyzes sexual desire) that also registers Wilmot’s autobiographical contexts. She was, during most of her married life, living with his mother, her own mother, and Rochester’s nieces in his house at Adderbury while he stayed in London. The desire in Wilmot’s poetry is textualised as much as it is sexualised; weaving this doublebraid of desires and designs together ultimately provides the most complete interpretation of the verses. I read the verses as offering a literary form of erotic espionage in which Wilmot serves simultaneously as erotic object and author. That is, she both is and is not the Cloris of her (and Rochester’s) poetry, capable of looking on and authorizing her desired and desiring body. The lyric in which Wilmot writes “He would return the fugitive with Shame” provides the clearest example of the interpretive tactic that I am proposing. The line, from Wilmot’s song “Cloris misfortunes that can be exprest,” refers to the deity of Love in its complete context:Such conquering charmes contribute to my chainAnd ade fresh torments to my lingering painThat could blind Love juge of my faithful flameHe would return the fugitive with ShameFor having bin insenceable to loveThat does by constancy it merritt prove. (232)The speaker of the poem invokes Cupid and calls on “blind Love” to judge “my faithful flame.” The beloved would then be returned “fugitive with Shame” because “blind Love” would have weighed the lover’s passion and the beloved’s insensibility. Interestingly, the gender of the beloved and the lover are not marked in this poem. Only Cupid is marked as male. Although the lover is hypothetically associated with femaleness in the final stanza (“She that calls not reason to her aid / Deserves the punishmentt”), the ascription could as easily be gendering the trait of irrationality as gendering the subject/author of the poem. Desire, complaint, and power circulate in the song in a manner that lacks clear reference; the reader receives glimpses into an erotic world that is far more ornately literary than it is material. That is, reading the poem makes one aware of tropes of power and desire, whereas actual bodies recede into the margins of the text—identifiable because of the author’s handwriting, not a uniquely female perspective on sexuality or (contrary to Moody’s interpretation) a specifically feminine acquiescence to gender norms. Strategies for Reading a Body of VerseWilmot’s poetry participates in what might be described as two distinct poetic and political modes. On one hand, her writing reproduces textual expectations about Restoration answer poems, songs and lyrics, and romantic verses. She crafts poetry that corresponds to the same textual conventions that men like Rochester, John Dryden, Abraham Cowley, and William Cavendish utilised when they wrote in manuscript. For Wilmot, as for her male contemporaries, such manuscript writing would have been socially circulated; at the same time, the manuscript documents had a fluidity that was less common in print texts. Dryden and Behn’s published writings, for instance, often had a more literary context (“Love Arm’d” refers to Abdelazer, not to Behn’s sexual identity), whereas manuscript writing often referred to coteries of readers and writers, friends and lovers.As part of the volatile world of manuscript writing, Wilmot’s poetry also highlights her embodied erotic relationships. But over-reading—or only reading—the poetry as depicting a conjugal erotics limits our ability to recover Wilmot as an author and an agent. Feminist recovery work has opened many new tactics for incorporating women’s writing into existing literary canons; it has also helped us imagine ways of including female domestic work, sexuality, and other embodied forms into our understanding of early modern culture. By drawing together literary recovery work with a more material interest in recuperating women’s sexual bodies, we should begin to recuperate women like Wilmot not simply as authors or bodies but as both. The oscillations between the sexual and textual body in Wilmot’s poetry, and in our assessments of her life and writings, should help us approach her works (like the works of Rochester) as possessing a three-dimensionality that they have long been denied. ReferencesBartky, Sandra Lee. “Foucault, Femininity, and the Modernization of Patriarchal Power.” In Writing on the Body: Female Embodiment and Feminist Theory. Ed. Katie Conboy, Nadia Medina, and Sarah Stanbury. New York: Columbia University Press, 1997. 129-54.Behn, Aphra. “Song. Love Arm’d.” The Works of Aphra Behn. Volume 1: Poetry. Ed. Janet Todd. London: William Pickering, 1992. 53.Clarke, Elizabeth. “Introducing Hester Pulter and the Perdita Project.” Literature Compass 2.1 (2005). ‹http://www.blackwell-compass.com/subject/literature/article_view?article_id=lico_articles_bsl159›. Deutsch, Helen. Loving Doctor Johnson. Chicago: University of Chicago Press, 2005.Diamond, Irene, Ed. Feminism and Foucault: Reflections on Resistance. Boston: Northeastern University Press, 1988.Ezell, Margaret J. M. Social Authorship and the Advent of Print. Baltimore: Johns Hopkins University Press, 1999.Farley-Hill, David. Rochester’s Poetry. Totowa: Rowman and Littlefield, 1978. Greene, Graham. Lord Rochester’s Monkey. New York: Penguin, 1974. Greer, Germaine, Susan Hastings, Jeslyn Medoff, and Melinda Sansone, Ed. Kissing the Rod: An Anthology of Seventeenth-Century Women’s Verse. New York: Noonday Press, 1988. Kemp, Theresa D. “Early Women Writers.” Feminist Teacher 18.3 (2008): 234-39.King, Kathryn. “Jane Barker, Poetical Recreations, and the Sociable Text.” ELH 61 (1994): 551-70.Love, Harold, and Arthur F. Marotti. "Manuscript Transmission and Circulation." The Cambridge History of Early Modern English Literature. Cambridge, England: Cambridge University Press, 2002. 55-80. Love, Harold. "Systemizing Sigla." English Manuscript Studies 1100-1700. 11 (2002): 217-230. Marotti, Arthur F. "Shakespeare's Sonnets and the Manuscript Circulation of Texts in Early Modern England." A Companion to Shakespeare's Sonnets. Oxford: Blackwell, 2007. 185-203.McNay, Lois. Foucault And Feminism: Power, Gender, and the Self. Boston: Northeastern, 1992.Moody, Ellen. “Elizabeth Wilmot (neé Mallet), Countess of Rochester, Another Woman Poet.” Blog entry 16 March 2006. 11 Nov. 2008 ‹http://server4.moody.cx/index.php?id=400›. Pepys, Samuel. The Diary of Samuel Pepys. 23 Aug. 2008 ‹http://www.pepysdiary.com/archive/1665/05/28/index.php›. Rubin, Gayle. “The Traffic in Women: Notes on the ‘Political Economy’ of Sex.” Feminist Literary Theory and Criticism: A Norton Reader, ed. Sandra M. Gilbert and Susan Gubar, 392-413. New York: Norton, 2007.Russell, Anne. “Aphra Behn, Textual Communities, and Pastoral Sobriquets.” English Language Notes 40.4 (June 2003): 41-50.———. “'Public' and 'Private' in Aphra Behn's Miscellanies: Women Writers, Print, and Manuscript.” Write or Be Written: Early Modern Women Poets and Cultural Constraints. Ed. Barbara Smith and Ursula Appelt. Aldershot: Ashgate, 2001. 29-48. Sawicki, Jana. Disciplining Foucault: Feminism, Power and the Body. New York: Routledge, 1991.Seal, Jill. "The Perdita Project—A Winter's Report." Early Modern Literary Studies 6.3 (January, 2001): 10.1-14. ‹http://purl.oclc.org/emls/06-3/perdita.htm›.Wilders, John. “Rochester and the Metaphysicals.” In Spirit of Wit: Reconsiderations of Rochester. Ed. Jeremy Treglown. Hamden: Archon, 1982. 42-57.Wilmot, Elizabeth, Countess of Rochester. “Song” (“Nothing Ades to Love's Fond Fire”) and “Song” (“Cloris Misfortunes That Can Be Exprest”) in Kissing the Rod. 230-32.
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14

Fredericks, Bronwyn, and Abraham Bradfield. "‘I’m Not Afraid of the Dark’." M/C Journal 24, no. 2 (April 27, 2021). http://dx.doi.org/10.5204/mcj.2761.

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Abstract:
Introduction Darkness is often characterised as something that warrants heightened caution and scrutiny – signifying increased danger and risk. Within settler-colonial settings such as Australia, cautionary and negative connotations of darkness are projected upon Black people and their bodies, forming part of continuing colonial regimes of power (Moreton-Robinson). Negative stereotypes of “dark” continues to racialise all Indigenous peoples. In Australia, Indigenous peoples are both Indigenous and Black regardless of skin colour, and this plays out in a range of ways, some of which will be highlighted within this article. This article demonstrates that for Indigenous peoples, associations of fear and danger are built into the structural mechanisms that shape and maintain colonial understandings of Indigenous peoples and their bodies. It is this embodied form of darkness, and its negative connotations, and responses that we explore further. Figure 1: Megan Cope’s ‘I’m not afraid of the Dark’ t-shirt (Fredericks and Heemsbergen 2021) Responding to the anxieties and fears of settlers that often surround Indigenous peoples, Quandamooka artist and member of the art collective ProppaNow, Megan Cope, has produced a range of t-shirts, one of which declares “I’m not afraid of the Dark” (fig. 1). The wording ‘reflects White Australia’s fear of blackness’ (Dark + Dangerous). Exploring race relations through the theme of “darkness”, we begin by discussing how negative connotations of darkness are represented through everyday lexicons and how efforts to shift prejudicial and racist language are often met with defensiveness and resistance. We then consider how fears towards the dark translate into everyday practices, reinforced by media representations. The article considers how stereotype, conjecture, and prejudice is inflicted upon Indigenous people and reflects white settler fears and anxieties, rooting colonialism in everyday language, action, and norms. The Language of Fear Indigenous people and others with dark skin tones are often presented as having a proclivity towards threatening, aggressive, deceitful, and negative behaviours. This works to inform how Indigenous peoples are “known” and responded to by hegemonic (predominantly white) populations. Negative connotations of Indigenous people are a means of reinforcing and legitimising the falsity that European knowledge systems, norms, and social structures are superior whilst denying the contextual colonial circumstances that have led to white dominance. In Australia, such denial corresponds to the refusal to engage with the unceded sovereignty of Aboriginal peoples or acknowledge Indigenous resistance. Language is integral to the ways in which dominant populations come to “know” and present the so-called “Other”. Such language is reflected in digital media, which both produce and maintain white anxieties towards race and ethnicity. When part of mainstream vernacular, racialised language – and the value judgments associated with it – often remains in what Moreton-Robinson describes as “invisible regimes of power” (75). Everyday social structures, actions, and habits of thought veil oppressive and discriminatory attitudes that exist under the guise of “normality”. Colonisation and the dominance of Eurocentric ways of knowing, being, and doing has fixated itself on creating a normality that associates Indigeneity and darkness with negative and threatening connotations. In doing so, it reinforces power balances that presents an image of white superiority built on the invalidation of Indigeneity and Blackness. White fears and anxieties towards race made explicit through social and digital media are also manifest via subtle but equally pervasive everyday action (Carlson and Frazer; Matamoros-Fernández). Confronting and negotiating such fears becomes a daily reality for many Indigenous people. During the height of the 2020 Black Lives Matter protests in the United States, which extended to Australia and were linked to deaths in custody and police violence, African American poet Saul Williams reminded his followers of the power of language in constructing racialised fears (saulwilliams). In an Instagram post, Williams draws back the veil of an uncontested normality to ask that we take personal responsibility over the words we use. He writes: here’s a tip: Take the words DARK or BLACK in connection to bad, evil, ominous or scary events out of your vocabulary. We learn the stock market crashed on Black Monday, we read headlines that purport “Dark Days Ahead”. There’s “dark” or “black” humour which implies an undertone of evil, and then there are people like me who grow up with dark skin having to make sense of the English/American lexicon and its history of “fair complexions” – where “fair” can mean “light; blond.” OR “in accordance with rules or standards; legitimate.” We may not be fully responsible for the duplicitous evolution of language and subtle morphing of inherited beliefs into description yet we are in full command of the words we choose even as they reveal the questions we’ve left unasked. Like the work of Moreton-Robinson and other scholars, Williams implores his followers to take a reflexive position to consider the questions often left unasked. In doing so, he calls for the transcendence of anonymity and engagement with the realities of colonisation – no matter how ugly, confronting, and complicit one may be in its continuation. In the Australian context this means confronting how terms such as “dark”, “darkie”, or “darky” were historically used as derogatory and offensive slurs for Aboriginal peoples. Such language continues to be used today and can be found in the comment sections of social media, online news platforms, and other online forums (Carlson “Love and Hate”). Taking the move to execute personal accountability can be difficult. It can destabilise and reframe the ways in which we understand and interact with the world (Rose 22). For some, however, exposing racism and seemingly mundane aspects of society is taken as a personal attack which is often met with reactionary responses where one remains closed to new insights (Whittaker). This feeds into fears and anxieties pertaining to the perceived loss of power. These fears and anxieties continue to surface through conversations and calls for action on issues such as changing the date of Australia Day, the racialised reporting of news (McQuire), removing of plaques and statues known to be racist, and requests to change placenames and the names of products. For example, in 2020, Australian cheese producer Saputo Dairy Australia changed the name of it is popular brand “Coon” to “Cheer Tasty”. The decision followed a lengthy campaign led by Dr Stephen Hagan who called for the rebranding based on the Coon brand having racist connotations (ABC). The term has its racist origins in the United States and has long been used as a slur against people with dark skin, liking them to racoons and their tendency to steal and deceive. The term “Coon” is used in Australia by settlers as a racist term for referring to Aboriginal peoples. Claims that the name change is example of political correctness gone astray fail to acknowledge and empathise with the lived experience of being treated as if one is dirty, lazy, deceitful, or untrustworthy. Other brand names have also historically utilised racist wording along with imagery in their advertising (Conor). Pear’s soap for example is well-known for its historical use of racist words and imagery to legitimise white rule over Indigenous colonies, including in Australia (Jackson). Like most racial epithets, the power of language lies in how the words reflect and translate into actions that dehumanise others. The words we use matter. The everyday “ordinary” world, including online, is deeply politicised (Carlson and Frazer “They Got Filters”) and comes to reflect attitudes and power imbalances that encourage white people to internalise the falsity that they are superior and should have control over Black people (Conor). Decisions to make social change, such as that made by Saputo Dairy Australia, can manifest into further white anxieties via their ability to force the confrontation of the circumstances that continue to contribute to one’s own prosperity. In other words, to unveil the realities of colonialism and ask the questions that are too often left in the dark. Lived Experiences of Darkness Colonial anxieties and fears are driven by the fact that Black populations in many areas of the world are often characterised as criminals, perpetrators, threats, or nuisances, but are rarely seen as victims. In Australia, the repeated lack of police response and receptivity to concerns of Indigenous peoples expressed during the Black Lives Matter campaign saw tens of thousands of people take to the streets to protest. Protestors at the same time called for the end of police brutality towards Indigenous peoples and for an end to Indigenous deaths in custody. The protests were backed by a heavy online presence that sought to mobilise people in hope of lifting the veil that shrouds issues relating to systemic racism. There have been over 450 Aboriginal and Torres Strait Islander people to die in custody since the end of the Royal Commission into Aboriginal Deaths in Custody in 1991 (The Guardian). The tragedy of the Indigenous experience gains little attention internationally. The negative implications of being the object of white fear and anxiety are felt by Indigenous and other Black communities daily. The “safety signals” (Daniella Emanuel) adopted by white peoples in response to often irrational perceptions of threat signify how Indigenous and other Black peoples and communities are seen and valued by the hegemony. Memes played out in social media depicting “Karens” – a term that corresponds to caricaturised white women (but equally applicable to men) who exhibit behaviours of entitlement – have increasing been used in media to expose the prevalence of irrational racial fears (also see Wong). Police are commonly called on Indigenous people and other Black people for simply being within spaces such as shopping malls, street corners, parks, or other spaces in which they are considered not to belong (Mohdin). Digital media are also commonly envisioned as a space that is not natural or normal for Indigenous peoples, a notion that maintains narratives of so-called Indigenous primitivity (Carlson and Frazer). Media connotations of darkness as threatening are associated with, and strategically manipulated by, the images that accompany stories about Indigenous peoples and other Black peoples. Digital technologies play significant roles in producing and disseminating the images shown in the media. Moreover, they have a “role in mediating and amplifying old and new forms of abuse, hate, and discrimination” (Matamoros-Fernández and Farkas). Daniels demonstrates how social media sites can be spaces “where race and racism play out in interesting, sometimes disturbing, ways” (702), shaping ongoing colonial fears and anxieties over Black peoples. Prominent footballer Adam Goodes, for example, faced a string of attacks after he publicly condemned racism when he was called an “Ape” by a spectator during a game celebrating Indigenous contributions to the sport (Coram and Hallinan). This was followed by a barrage of personal attacks, criticisms, and booing that spread over the remaining years of his football career. When Goodes performed a traditional war dance as a form of celebration during a game in 2015, many turned to social media to express their outrage over his “confrontational” and “aggressive” behaviour (Robinson). Goodes’s affirmation of his Indigeneity was seen by many as a threat to their own positionality and white sensibility. Social media were therefore used as a mechanism to control settler narratives and maintain colonial power structures by framing the conversation through a white lens (Carlson and Frazer “They Got Filters”). Indigenous peoples in other highly visible fields have faced similar backlash. In 1993, Elaine George was the first Aboriginal person to feature on the cover of Vogue magazine, a decision considered “risky” at the time (Singer). The editor of Vogue later revealed that the cover was criticised by some who believed George’s skin tone was made to appear lighter than it actually was and that it had been digitally altered. The failure to accept a lighter skin colour as “Aboriginal” exposes a neglect to accept ethnicity and Blackness in all its diversity (Carlson and Frazer “They Got Filters”; Carlson “Love and Hate”). Where Adam Goodes was criticised for his overt expression of Blackness, George was critisised for not being “black enough”. It was not until seventeen years later that another Aboriginal model, Samantha Harris, was featured on the cover of Vogue (Marks). While George inspired and pathed the way for those to come, Harris experienced similar discrimination within the industry and amongst the public (Carson and Ky). Singer Jessica Mauboy (in Hornery) also explains how her identity was managed by others. She recalls, I was pretty young when I first received recognition, and for years I felt as though I couldn't show my true identity. What I was saying in public was very dictated by other people who could not handle my sense of culture and identity. They felt they had to take it off my hands. Mauboy’s experience not only demonstrates how Blackness continues to be seen as something to “handle”, but also how power imbalances play out. Scholar Chelsea Watego offers numerous examples of how this occurs in different ways and arenas, for example through relationships between people and within workplaces. Bargallie’s scholarly work also provides an understanding of how Indigenous people experience racism within the Australian public service, and how it is maintained through the structures and systems of power. The media often represents communities with large Indigenous populations as being separatist and not contributing to wider society and problematic (McQuire). Violence, and the threat of violence, is often presented in media as being normalised. Recently there have been calls for an increased police presence in Alice Springs, NT, and other remotes communities due to ongoing threats of “tribal payback” and acts of “lawlessness” (Sky News Australia; Hildebrand). Goldberg uses the phrase “Super/Vision” to describe the ways that Black men and women in Black neighbourhoods are continuously and erroneously supervised and surveilled by police using apparatus such as helicopters and floodlights. Simone Browne demonstrates how contemporary surveillance practices are rooted in anti-black domination and are operationalised through a white gaze. Browne uses the term “racializing surveillance” to describe a ”technology of social control where surveillance practices, policies, and performances concern the production of norms pertaining to race and exercise a ‘power to define what is in or out of place’” (16). The outcome is often discriminatory treatment to those negatively racialised by such surveillance. Narratives that associate Indigenous peoples with darkness and danger fuel colonial fears and uphold the invisible regimes of power by instilling the perception that acts of surveillance and the restrictions imposed on Indigenous peoples’ autonomy are not only necessary but justified. Such myths fail to contextualise the historic colonial factors that drive segregation and enable a forgetting that negates personal accountability and complicity in maintaining colonial power imbalances (Riggs and Augoustinos). Inayatullah and Blaney (165) write that the “myth we construct calls attention to a darker, tragic side of our ethical engagement: the role of colonialism in constituting us as modern actors.” They call for personal accountability whereby one confronts the notion that we are both products and producers of a modernity rooted in a colonialism that maintains the misguided notion of white supremacy (Wolfe; Mignolo; Moreton-Robinson). When Indigenous and other Black peoples enter spaces that white populations don’t traditionally associate as being “natural” or “fitting” for them (whether residential, social, educational, a workplace, online, or otherwise), alienation, discrimination, and criminalisation often occurs (Bargallie; Mohdin; Linhares). Structural barriers are erected, prohibiting career or social advancement while making the space feel unwelcoming (Fredericks; Bargallie). In workplaces, Indigenous employees become the subject of hyper-surveillance through the supervision process (Bargallie), continuing to make them difficult work environments. This is despite businesses and organisations seeking to increase their Indigenous staff numbers, expressing their need to change, and implementing cultural competency training (Fredericks and Bargallie). As Barnwell correctly highlights, confronting white fears and anxieties must be the responsibility of white peoples. When feelings of shock or discomfort arise when in the company of Indigenous peoples, one must reflexively engage with the reasons behind this “fear of the dark” and consider that perhaps it is they who are self-segregating. Mohdin suggests that spaces highly populated by Black peoples are best thought of not as “black spaces” or “black communities”, but rather spaces where white peoples do not want to be. They stand as reminders of a failed colonial regime that sought to deny and dehumanise Indigenous peoples and cultures, as well as the continuation of Black resistance and sovereignty. Conclusion In working towards improving relationships between Black and white populations, the truths of colonisation, and its continuing pervasiveness in local and global settings must first be confronted. In this article we have discussed the association of darkness with instinctual fears and negative responses to the unknown. White populations need to reflexively engage and critique how they think, act, present, address racism, and respond to Indigenous peoples (Bargallie; Moreton-Robinson; Whittaker), cultivating a “decolonising consciousness” (Bradfield) to develop new habits of thinking and relating. To overcome fears of the dark, we must confront that which remains unknown, and the questions left unasked. This means exposing racism and power imbalances, developing meaningful relationships with Indigenous peoples, addressing structural change, and implementing alternative ways of knowing and doing. Only then may we begin to embody Megan Cope’s message, “I’m not afraid of the Dark”. Acknowledgements We thank Dr Debbie Bargallie for her feedback on our article, which strengthened the work. References ABC News. 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Rodan, Debbie, and Jane Mummery. "Animals Australia and the Challenges of Vegan Stereotyping." M/C Journal 22, no. 2 (April 24, 2019). http://dx.doi.org/10.5204/mcj.1510.

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Abstract:
Introduction Negative stereotyping of alternative diets such as veganism and other plant-based diets has been common in Australia, conventionally a meat-eating culture (OECD qtd. in Ting). Indeed, meat consumption in Australia is sanctioned by the ubiquity of advertising linking meat-eating to health, vitality and nation-building, and public challenges to such plant-based diets as veganism. In addition, state, commercial enterprises, and various community groups overtly resist challenges to Australian meat-eating norms and to the intensive animal husbandry practices that underpin it. Hence activists, who may contest not simply this norm but many of the customary industry practices that comprise Australia’s meat production, have been accused of promoting a vegan agenda and even of undermining the “Australian way of life”.If veganism meansa philosophy and way of living which seeks to exclude—as far as is possible and practicable—all forms of exploitation of, and cruelty to, animals for food, clothing or any other purpose; and by extension, promotes the development and use of animal-free alternatives for the benefit of humans, animals and the environment. In dietary terms it denotes the practice of dispensing with all products derived wholly or partly from animals. (Vegan Society)then our interest in this article lies in how a stereotyped label of veganism (and other associated attributes) is being used across Australian public spheres to challenge the work of animal activists as they call out factory farming for entrenched animal cruelty. This is carried out in three main parts. First, following an outline of our research approach, we examine the processes of stereotyping and the key dimensions of vegan stereotyping. Second, in the main part of the article, we reveal how opponents to such animal activist organisations as Animals Australia attempt to undermine activist calls for change by framing them as promoting an un-Australian vegan agenda. Finally, we consider how, despite such framing, that organisation is generating productive public debate around animal welfare, and, further, facilitating the creation of new activist identifications and identities.Research ApproachData collection involved searching for articles where Animals Australia and animal activism were yoked with veg*n (vegan and vegetarian), across the period May 2011 to 2016 (discussion peaked between May and June 2013). This period was of interest because it exposed a flare point with public discord being expressed between communities—namely between rural and urban consumers, farmers and animal activists, Coles Supermarkets (identified by The Australian Government the Treasury as one of two major supermarkets holding over 65% share of Australian food retail market) and their producers—and a consequent voicing of disquiet around Australian identity. We used purposive sampling (Waller, Farquharson, and Dempsey 67) to identify relevant materials as we knew in advance the case was “information-rich” (Patton 181) and would provide insightful information about a “troublesome” phenomenon (Emmel 6). Materials were collected from online news articles (30) and readers’ comments (167), online magazines (2) and websites (2) and readers’ comments (3), news items (Factiva 13), Australian Broadcasting Commission television (1) and radio (1), public blogs (2), and Facebook pages from involved organisations, specifically Australia’s National Farmers’ Federation (NFF, 155 posts) and Coles Supermarkets (29 posts). Many of these materials were explicitly responsive to a) Animals Australia’s Make It Possible campaign against Australian factory farming (launched and highly debated during this period), and b) Coles Supermarket’s short-lived partnership with Animals Australia in 2013. We utilised content analysis so as to make visible the most prominent and consistent stereotypes utilised in these various materials during the identified period. The approach allowed us to code and categorise materials so as to determine trends and patterns of words used, their relationships, and key structures and ways of speaking (Weerakkody). In addition, discourse analysis (Gee) was used in order to identify and track “language-in-use” so as to make visible the stereotyping deployed during the public reception of both the campaign and Animals Australia’s associated partnership with Coles. These methods enabled a “nuanced approach” (Coleman and Moss 12) with which to spot putdowns, innuendos, and stereotypical attitudes.Vegan StereotypingStereotypes creep into everyday language and are circulated and amplified through mainstream media, speeches by public figures, and social media. Stereotypes maintain their force through being reused and repurposed, making them difficult to eradicate due to their “cumulative effects” and influence (Harris and Sanborn 38; Inzlicht, Tullett, Legault, and Kang; Pickering). Over time stereotypes can become the lens through which we view “the world and social reality” (Harris and Sanborn 38; Inzlicht et al.). In summation, stereotyping:reduces identity categories to particular sets of deeds, attributes and attitudes (Whitley and Kite);informs individuals’ “cognitive investments” (Blum 267) by associating certain characteristics with particular groups;comprises symbolic and connotative codes that carry sets of traits, deeds, or beliefs (Cover; Rosello), and;becomes increasingly persuasive through regulating language and image use as well as identity categories (Cover; Pickering; Rosello).Not only is the “iterative force” (Rosello 35) of such associative stereotyping compounded due to its dissemination across digital media sites such as Facebook, YouTube, websites, and online news, but attempts to denounce it tend to increase its “persuasive power” (29). Indeed, stereotypes seem to refuse “to die” (23), remaining rooted in social and cultural memory (Whitley and Kite 10).As such, despite the fact that there is increasing interest in Australia and elsewhere in new food norms and plant-based diets (see, e.g., KPMG), as well as in vegan lifestyle options (Wright), studies still show that vegans remain a negatively stereotyped group. Previous studies have suggested that vegans mark a “symbolic threat” to Western, conventionally meat-eating cultures (MacInnis and Hodson 722; Stephens Griffin; Cole and Morgan). One key UK study of national newspapers, for instance, showed vegans continuing to be discredited in multiple ways as: 1) “self-evidently ridiculous”; 2) “ascetics”; 3) having a lifestyle difficult and impossible to maintain; 4) “faddist”; 5) “oversensitive”; and 6) “hostile extremists” (Cole and Morgan 140–47).For many Australians, veganism also appears anathema to their preferred culture and lifestyle of meat-eating. For instance, the NFF, Meat & Livestock Australia (MLA), and other farming bodies continue to frame veganism as marking an extreme form of lifestyle, as anti-farming and un-Australian. Such perspectives are also circulated through online rural news and readers’ comments, as will be discussed later in the article. Such representations are further exemplified by the MLA’s (Lamb, Australia Day, Celebrate Australia) Australia Day lamb advertising campaigns (Bembridge; Canning). For multiple consecutive years, the campaign presented vegans (and vegetarians) as being self-evidently ridiculous and faddish, representing them as mentally unhinged and fringe dwellers. Such stereotyping not only invokes “affective reactions” (Whitley and Kite 8)—including feelings of disgust towards individuals living such lifestyles or holding such values—but operates as “political baits” (Rosello 18) to shore-up or challenge certain social or political positions.Although such advertisements are arguably satirical, their repeated screening towards and on Australia Day highlights deeply held views about the normalcy of animal agriculture and meat-eating, “homogenizing” (Blum 276; Pickering) both meat-eaters and non-meat-eaters alike. Cultural stereotyping of this kind amplifies “social” as well as political schisms (Blum 276), and arguably discourages consumers—whether meat-eaters or non-meat-eaters—from advocating together around shared goals such as animal welfare and food safety. Additionally, given the rise of new food practices in Australia—including flexitarian, reducetarian, pescatarian, kangatarian (a niche form of ethical eating), vegivores, semi-vegetarian, vegetarian, veganism—alongside broader commitments to ethical consumption, such stereotyping suggests that consumers’ actual values and preferences are being disregarded in order to shore-up the normalcy of meat-eating.Animals Australia and the (So-Called) Vegan Agenda of Animal ActivismGiven these points, it is no surprise that there is a tacit belief in Australia that anyone labelled an animal activist must also be vegan. Within this context, we have chosen to primarily focus on the attitudes towards the campaigning work of Animals Australia—a not-for-profit organisation representing some 30 member groups and over 2 million individual supporters (Animals Australia, “Who Is”)—as this organisation has been charged as promoting a vegan agenda. Along with the RSPCA and Voiceless, Animals Australia represents one of the largest animal protection organisations within Australia (Chen). Its mission is to:Investigate, expose and raise community awareness of animal cruelty;Provide animals with the strongest representation possible to Government and other decision-makers;Educate, inspire, empower and enlist the support of the community to prevent and prohibit animal cruelty;Strengthen the animal protection movement. (Animals Australia, “Who Is”)In delivery of this mission, the organisation curates public rallies and protests, makes government and industry submissions, and utilises corporate outreach. Campaigning engages the Web, multiple forms of print and broadcast media, and social media.With regards to Animals Australia’s campaigns regarding factory farming—including the Make It Possible campaign (see fig. 1), launched in 2013 and key to the period we are investigating—the main message is that: the animals kept in these barren and constrictive conditions are “no different to our pets at home”; they are “highly intelligent creatures who feel pain, and who will respond to kindness and affection – if given the chance”; they are “someone, not something” (see the Make It Possible transcript). Campaigns deliberately strive to engender feelings of empathy and produce affect in viewers (see, e.g., van Gurp). Specifically they strive to produce mainstream recognition of the cruelties entrenched in factory farming practices and build community outrage against these practices so as to initiate industry change. Campaigns thus expressly challenge Australians to no longer support factory farmed animal products, and to identify with what we have elsewhere called everyday activist positions (Rodan and Mummery, “Animal Welfare”; “Make It Possible”). They do not, however, explicitly endorse a vegan position. Figure 1: Make It Possible (Animals Australia, campaign poster)Nonetheless, as has been noted, a common counter-tactic used within Australia by the industries targeted by such campaigns, has been to use well-known negative stereotypes to discredit not only the charges of systemic animal cruelty but the associated organisations. In our analysis, we found four prominent interconnected stereotypes utilised in both digital and print media to discredit the animal welfare objectives of Animals Australia. Together these cast the organisation as: 1) anti-meat-eating; 2) anti-farming; 3) promoting a vegan agenda; and 4) hostile extremists. These stereotypes are examined below.Anti-Meat-EatingThe most common stereotype attributed to Animals Australia from its campaigning is of being anti-meat-eating. This charge, with its associations with veganism, is clearly problematic for industries that facilitate meat-eating and within a culture that normalises meat-eating, as the following example expresses:They’re [Animals Australia] all about stopping things. They want to stop factory farming – whatever factory farming is – or they want to stop live exports. And in fact they’re not necessarily about: how do I improve animal welfare in the pig industry? Or how do I improve animal welfare in the live export industry? Because ultimately they are about a meat-free future world and we’re about a meat producing industry, so there’s not a lot of overlap, really between what we’re doing. (Andrew Spencer, Australian Pork Ltd., qtd. in Clark)Respondents engaging this stereotype also express their “outrage at Coles” (McCarthy) and Animals Australia for “pedalling [sic]” a pro-vegan agenda (Nash), their sense that Animals Australia is operating with ulterior motives (Flint) and criminal intent (Brown). They see cultural refocus as unnecessary and “an exercise in futility” (Harris).Anti-FarmingTo be anti-farming in Australia is generally considered to be un-Australian, with Glasgow suggesting that any criticism of “farming practices” in Australian society can be “interpreted as an attack on the moral integrity of farmers, amounting to cultural blasphemy” (200). Given its objectives, it is unsurprising that Animals Australia has been stereotyped as being “anti-farming”, a phrase additionally often used in conjunction with the charge of veganism. Although this comprises a misreading of veganism—given its focus on challenging animal exploitation in farming rather than entailing opposition to all farming—the NFF accused Animals Australia of being “blatantly anti-farming and proveganism” (Linegar qtd. in Nason) and as wanting “to see animal agriculture phased out” (National Farmers’ Federation). As expressed in more detail:One of the main factors for VFF and other farmers being offended is because of AA’s opinion and stand on ALL farming. AA wants all farming banned and us all become vegans. Is it any wonder a lot of people were upset? Add to that the proceeds going to AA which may have been used for their next criminal activity washed against the grain. If people want to stand against factory farming they have the opportunity not to purchase them. Surely not buying a product will have a far greater impact on factory farmed produce. Maybe the money could have been given to farmers? (Hunter)Such stereotyping reveals how strongly normalised animal agriculture is in Australia, as well as a tendency on the part of respondents to reframe the challenge of animal cruelty in some farming practices into a position supposedly challenging all farming practices.Promoting a Vegan AgendaAs is already clear, Animals Australia is often reproached for promoting a vegan agenda, which, it is further suggested, it keeps hidden from the Australian public. This viewpoint was evident in two key examples: a) the Australian public and organisations such as the NFF are presented as being “defenceless” against the “myopic vitriol of the vegan abolitionists” (Jonas); and b) Animals Australia is accused of accepting “loans from liberation groups” and being “supported by an army of animal rights lawyers” to promote a “hard core” veganism message (Bourke).Nobody likes to see any animals hurt, but pushing a vegan agenda and pushing bad attitudes by group members is not helping any animals and just serves to slow any progress both sides are trying to resolve. (V.c. Deb Ford)Along with undermining farmers’ “legitimate business” (Jooste), veganism was also considered to undermine Australia’s rural communities (Park qtd. in Malone).Hostile ExtremistsThe final stereotype linking veganism with Animals Australia was of hostile extremism (cf. Cole and Morgan). This means, for users, being inimical to Australian national values but, also, being akin to terrorists who engage in criminal activities antagonistic to Australia’s democratic society and economic livelihood (see, e.g., Greer; ABC News). It is the broad symbolic threat that “extremism” invokes that makes this stereotype particularly “infectious” (Rosello 19).The latest tag team attacks on our pork industry saw AL giving crash courses in how to become a career criminal for the severely impressionable, after attacks on the RSPCA against the teachings of Peter Singer and trying to bully the RSPCA into vegan functions menu. (Cattle Advocate)The “extremists” want that extended to dairy products, as well. The fact that this will cause the total annihilation of practically all animals, wild and domestic, doesn’t bother them in the least. (Brown)What is interesting about these last two dimensions of stereotyping is their displacement of violence. That is, rather than responding to the charge of animal cruelty, violence and extremism is attributed to those making the charge.Stereotypes and Symbolic Boundary ShiftingWhat is evident throughout these instances is how stereotyping as a “cognitive mechanism” is being used to build boundaries (Cherry 460): in the first instance, between “us” (the meat-eating majority) and “them” (the vegan minority aka animal activists); and secondly between human interest and livestock. This point is that animals may hold instrumental value and receive some protection through such, but any more stringent arguments for their protection at the expense of perceived human interests tend to be seen as wrong-headed (Sorenson; Munro).These boundaries are deeply entrenched in Western culture (Wimmer). They are also deeply problematic in the context of animal activism because they fragment publics, promote restrictive identities, and close down public debate (Lamont and Molnár). Boundary entrenching is clearly evident in the stereotyping work carried out by industry stakeholders where meat-eating and practices of industrialised animal agriculture are valorised and normalised. Challenging Australia’s meat production practices—irrespective of the reason given—is framed and belittled as entailing a vegan agenda, and further as contributing to the demise of farming and rural communities in Australia.More broadly, industry stakeholders are explicitly targeting the activist work by such organisations as Animals Australia as undermining the ‘Australian way of life’. In their reading, there is an irreconcilable boundary between human and animal interests and between an activist minority which is vegan, unreasonable, extremist and hostile to farming and the meat-eating majority which is representative of the Australian community and sustains the Australian economy. As discussed so far, such stereotyping and boundary making—even in their inaccuracies—can be pernicious in the way they entrench identities and divisions, and close the possibility for public debate.Rather than directly contesting the presuppositions and inaccuracies of such stereotyping, however, Animals Australia can be read as cultivating a process of symbolic boundary shifting. That is, rather than responding by simply underlining its own moderate position of challenging only intensive animal agriculture for systemic animal cruelty, Animals Australia uses its campaigns to develop “boundary blurring and crossing” tactics (Cherry 451, 459), specifically to dismantle and shift the symbolic boundaries conventionally in place between humans and non-human animals in the first instance, and between those non-human animals used for companionship and those used for food in the second (see fig. 2). Figure 2: That Ain’t No Way to Treat a Lady (Animals Australia, campaign image on back of taxi)Indeed, the symbolic boundaries between humans and animals left unquestioned in the preceding stereotyping are being profoundly shaken by Animals Australia with campaigns such as Make It Possible making morally relevant likenesses between humans and animals highly visible to mainstream Australians. Namely, the organisation works to interpellate viewers to exercise their own capacities for emotional identification and moral imagination, to identify with animals’ experiences and lives, and to act upon that identification to demand change.So, rather than reactively striving to refute the aforementioned stereotypes, organisations such as Animals Australia are modelling and facilitating symbolic boundary shifting by building broad, emotionally motivated, pathways through which Australians are being encouraged to refocus their own assumptions, practices and identities regarding animal experience, welfare and animal-human relations. Indeed the organisation has explicitly framed itself as speaking on behalf of not only animals but all caring Australians, suggesting thereby the possibility of a reframing of Australian national identity. Although such a tactic does not directly contest this negative stereotyping—direct contestation being, as noted, ineffective given the perniciousness of stereotyping—such work nonetheless dismantles the oppositional charge of such stereotyping in calling for all Australians to proudly be a little bit anti-meat-eating (when that meat is from factory farmed animals), a little bit anti-factory farming, a little bit pro-veg*n, and a little bit proud to consider themselves as caring about animal welfare.For Animals Australia, in other words, appealing to Australians to care about animal welfare and to act in support of that care, not only defuses the stereotypes targeting them but encourages the work of symbolic boundary shifting that is really at the heart of this dispute. 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Video. 11 Jan. 2017. 8 Nov. 2017 <https://www.youtube.com/watch?v=LX__i-zeaWs>.———. “Lamb Campaigns.” No date. 8 Nov. 2017 <https://www.mla.com.au/marketing-beef-and-lamb/domestic-marketing/lamb-campaigns/>.Munro, Lyle. “Animals, ‘Nature’ and Human Interests.” Controversies in Environmental Sociology. Ed. Rob White. Cambridge: Cambridge UP, 2004. 61–76.Nash, Fiona. “Nationals Senator Congratulating Animals Australia’s Damaging …. .” The Nationals for Regional Australia 6 Jun. 2013. 21 Jun. 2013 <http://nationals.org.au/>.Nason, James. “Coles Bagged over Animals Australia Campaign.” Beef Central. 4 Jun. 2013. 22 Nov. 2013 <http://www.beefcentral.com/news/coles-bagged-over-animals-australia-campaign/>.National Farmers’ Federation. Facebook post. 30 May 2013. 26 Nov. 2013 <http://www.facebook.com/NationalFarmers>.Patton, Michael Quinn. Qualitative Research and Evaluation Methods. 2nd ed. London: Sage, 1990. Pickering, Michael. Stereotyping: The Politics of Representation. Basingstoke: Palgrave, 2001.Rodan, Debbie, and Jane Mummery. “The ‘Make It Possible’ Multi-Media Campaign: Generating a New ‘Everyday’ in Animal Welfare.” Media International Australia, 153 (2014): 78–87.———. “Doing Animal Welfare Activism Everyday: Questions of Identity.” Continuum: Journal of Media & Cultural Studies 30.4 (2016): 381–96.Rosello, Mireille. Declining the Stereotype: Ethnicity and Representation in French Culture. Hanover: U of New England, 1998.Sorenson John. “Constructing Terrorists: Propaganda about Animal Rights.” Critical Studies on Terrorism 2.2 (2009): 237-56.Stephens Griffin, Nathan. Understanding Veganism: Biography and Identity. Cham: Springer International, 2017.Ting, Inga. “Australia is the Meat-Eating Capital of the World.” The Sydney Morning Herald 27 Oct. 2015. 20 Feb. 2019 <http://www.smh.com.au/national/health/australia-is-the-meateating-capital-of-the-world-20151027-gkjhp4.html>.V.c. Deb Ford. “National Farmers Federation.” Facebook post. 30 May 2013. 26 Nov. 2013 <http://www.facebook.com/NationalFarmers>.Van Gurp, Marc. “Factory Farming the Musical.” Osocio 4 Nov. 2012. 21 Feb. 2019 <https://osocio.org/message/factory-farming-the-musical/>.Vegan Society. “History.” 20 Feb. 2019 <https://www.vegansociety.com/about-us/history>.Waller, Vivienne, Karen Farquharson, and Deborah Dempsey. Qualitative Social Research: Contemporary Methods for the Digital Age. London: Sage, 2016Weerakkody, Niranjala. Research Methods for Media and Communication. South Melbourne: Oxford UP, 2009.Whitley, Bernard E., and Mary E. Kite. The Psychology of Prejudice and Discrimination. Belmont: Thomson Wadsworth, 2006.Wimmer, Andreas. “The Making and Unmaking of Ethnic Boundaries: A Multilevel Process Theory.” American Journal of Sociology 113.4 (2008): 970–1022.Wright, Laura. The Vegan Studies Project: Food, Animals, and Gender in the Age of Terror. Georgia: U of Georgia Press, 2015.
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16

Simpson, Catherine. "Communicating Uncertainty about Climate Change: The Scientists’ Dilemma." M/C Journal 14, no. 1 (January 26, 2011). http://dx.doi.org/10.5204/mcj.348.

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Photograph by Gonzalo Echeverria (2010)We need to get some broad-based support, to capture the public’s imagination … so we have to offer up scary scenarios, make simplified, dramatic statements and make little mention of any doubts … each of us has to decide what the right balance is between being effective and being honest (Hulme 347). Acclaimed climate scientist, the late Stephen Schneider, made this comment in 1988. Later he regretted it and said that there are ways of using metaphors that can “convey both urgency and uncertainty” (Hulme 347). What Schneider encapsulates here is the great conundrum for those attempting to communicate climate change to the everyday public. How do scientists capture the public’s imagination and convey the desperation they feel about climate change, but do it ethically? If scientific findings are presented carefully, in boring technical jargon that few can understand, then they are unlikely to attract audiences or provide an impetus for behavioural change. “What can move someone to act?” asks communication theorists Susan Moser and Lisa Dilling (37). “If a red light blinks on in a cockpit” asks Donella Meadows, “should the pilot ignore it until in speaks in an unexcited tone? … Is there any way to say [it] sweetly? Patiently? If one did, would anyone pay attention?” (Moser and Dilling 37). In 2010 Tim Flannery was appointed Panasonic Chair in Environmental Sustainability at Macquarie University. His main teaching role remains within the new science communication programme. One of the first things Flannery was emphatic about was acquainting students with Karl Popper and the origin of the scientific method. “There is no truth in science”, he proclaimed in his first lecture to students “only theories, hypotheses and falsifiabilities”. In other words, science’s epistemological limits are framed such that, as Michael Lemonick argues, “a statement that cannot be proven false is generally not considered to be scientific” (n.p., my emphasis). The impetus for the following paper emanates precisely from this issue of scientific uncertainty — more specifically from teaching a course with Tim Flannery called Communicating climate change to a highly motivated group of undergraduate science communication students. I attempt to illuminate how uncertainty is constructed differently by different groups and that the “public” does not necessarily interpret uncertainty in the same way the sciences do. This paper also analyses how doubt has been politicised and operates polemically in media coverage of climate change. As Andrew Gorman-Murray and Gordon Waitt highlight in an earlier issue of M/C Journal that focused on the climate-culture nexus, an understanding of the science alone is not adequate to deal with the cultural change necessary to address the challenges climate change brings (n.p). Far from being redundant in debates around climate change, the humanities have much to offer. Erosion of Trust in Science The objectives of Macquarie’s science communication program are far more ambitious than it can ever hope to achieve. But this is not necessarily a bad thing. The initiative is a response to declining student numbers in maths and science programmes around the country and is designed to address the perceived lack of communication skills in science graduates that the Australian Council of Deans of Science identified in their 2001 report. According to Macquarie Vice Chancellor Steven Schwartz’s blog, a broader, and much more ambitious aim of the program is to “restore public trust in science and scientists in the face of widespread cynicism” (n.p.). In recent times the erosion of public trust in science was exacerbated through the theft of e-mails from East Anglia University’s Climate Research Unit and the so-called “climategate scandal” which ensued. With the illegal publication of the e-mails came claims against the Research Unit that climate experts had been manipulating scientific data to suit a pro-global warming agenda. Three inquiries later, all the scientists involved were cleared of any wrongdoing, however the damage had already been done. To the public, what this scandal revealed was a certain level of scientific hubris around the uncertainties of the science and an unwillingness to explain the nature of these uncertainties. The prevailing notion remained that the experts were keeping information from public scrutiny and not being totally honest with them, which at least in the short term, damaged the scientists’s credibility. Many argued that this signalled a shift in public opinion and media portrayal on the issue of climate change in late 2009. University of Sydney academic, Rod Tiffen, claimed in the Sydney Morning Herald that the climategate scandal was “one of the pivotal moments in changing the politics of climate change” (n.p). In Australia this had profound implications and meant that the bipartisan agreement on an emissions trading scheme (ETS) that had almost been reached, subsequently collapsed with (climate sceptic) Tony Abbott's defeat of (ETS advocate) Malcolm Turnbull to become opposition leader (Tiffen). Not long after the reputation of science received this almighty blow, albeit unfairly, the federal government released a report in February 2010, Inspiring Australia – A national strategy for engagement with the sciences as part of the country’s innovation agenda. The report outlines a commitment from the Australian government and universities around the country to address the challenges of not only communicating science to the broader community but, in the process, renewing public trust and engagement in science. The report states that: in order to achieve a scientifically engaged Australia, it will be necessary to develop a culture where the sciences are recognized as relevant to everyday life … Our science institutions will be expected to share their knowledge and to help realize full social, economic, health and environmental benefits of scientific research and in return win ongoing public support. (xiv-xv) After launching the report, Innovation Minister Kim Carr went so far as to conflate “hope” with “science” and in the process elevate a discourse of technological determinism: “it’s time for all true friends of science to step up and defend its values and achievements” adding that, "when you denigrate science, you destroy hope” (n.p.). Forever gone is our naïve post-war world when scientists were held in such high esteem that they could virtually use humans as guinea pigs to test out new wonder chemicals; such as organochlorines, of which DDT is the most widely known (Carson). Thanks to government-sponsored nuclear testing programs, if you were born in the 1950s, 1960s or early 1970s, your brain carries a permanent nuclear legacy (Flannery, Here On Earth 158). So surely, for the most part, questioning the authority and hubristic tendencies of science is a good thing. And I might add, it’s not just scientists who bear this critical burden, the same scepticism is directed towards journalists, politicians and academics alike – something that many cultural theorists have noted is characteristic of our contemporary postmodern world (Lyotard). So far from destroying hope, as the former Innovation Minister Kim Carr (now Minister for Innovation, Industry, Science and Research) suggests, surely we need to use the criticisms of science as a vehicle upon which to initiate hope and humility. Different Ways of Knowing: Bayesian Beliefs and Matters of Concern At best, [science] produces a robust consensus based on a process of inquiry that allows for continued scrutiny, re-examination, and revision. (Oreskes 370) In an attempt to capitalise on the Macquarie Science Faculty’s expertise in climate science, I convened a course in second semester 2010 called SCOM201 Science, Media, Community: Communicating Climate Change, with invaluable assistance from Penny Wilson, Elaine Kelly and Liz Morgan. Mike Hulme’s provocative text, Why we disagree about climate change: Understanding controversy, inaction and opportunity provided an invaluable framework for the course. Hulme’s book brings other types of knowledge, beyond the scientific, to bear on our attitudes towards climate change. Climate change, he claims, has moved from being just a physical, scientific, and measurable phenomenon to becoming a social and cultural phenomenon. In order to understand the contested nature of climate change we need to acknowledge the dynamic and varied meanings climate has played in different cultures throughout history as well as the role that our own subjective attitudes and judgements play. Climate change has become a battleground between different ways of knowing, alternative visions of the future, competing ideas about what’s ethical and what’s not. Hulme makes the point that one of the reasons that we disagree about climate change is because we disagree about the role of science in today’s society. He encourages readers to use climate change as a tool to rigorously question the basis of our beliefs, assumptions and prejudices. Since uncertainty was the course’s raison d’etre, I was fortunate to have an extraordinary cohort of students who readily engaged with a course that forced them to confront their own epistemological limits — both personally and in a disciplinary sense. (See their blog: https://scom201.wordpress.com/). Science is often associated with objective realities. It thus tends to distinguish itself from the post-structuralist vein of critique that dominates much of the contemporary humanities. At the core of post-structuralism is scepticism about everyday, commonly accepted “truths” or what some call “meta-narratives” as well as an acknowledgement of the role that subjectivity plays in the pursuit of knowledge (Lyotard). However if we can’t rely on objective truths or impartial facts then where does this leave us when it comes to generating policy or encouraging behavioural change around the issue of climate change? Controversial philosophy of science scholar Bruno Latour sits squarely in the post-structuralist camp. In his 2004 article, “Why has critique run out of steam? From matters of fact to matters of concern”, he laments the way the right wing has managed to gain ground in the climate change debate through arguing that uncertainty and lack of proof is reason enough to deny demands for action. Or to use his turn-of-phrase, “dangerous extremists are using the very same argument of social construction to destroy hard-won evidence that could save our lives” (Latour n.p). Through co-opting (the Left’s dearly held notion of) scepticism and even calling themselves “climate sceptics”, they exploited doubt as a rationale for why we should do nothing about climate change. Uncertainty is not only an important part of science, but also of the human condition. However, as sociologist Sheila Jasanoff explains in her Nature article, “Technologies of Humility”, uncertainty has become like a disease: Uncertainty has become a threat to collective action, the disease that knowledge must cure. It is the condition that poses cruel dilemmas for decision makers; that must be reduced at all costs; that is tamed with scenarios and assessments; and that feeds the frenzy for new knowledge, much of it scientific. (Jasanoff 33) If we move from talking about climate change as “a matter of fact” to “a matter of concern”, argues Bruno Latour, then we can start talking about useful ways to combat it, rather than talking about whether the science is “in” or not. Facts certainly matter, claims Latour, but they can’t give us the whole story, rather “they assemble with other ingredients to produce a matter of concern” (Potter and Oster 123). Emily Potter and Candice Oster suggest that climate change can’t be understood through either natural or cultural frames alone and, “unlike a matter of fact, matters of concern cannot be explained through a single point of view or discursive frame” (123). This makes a lot of what Hulme argues far more useful because it enables the debate to be taken to another level. Those of us with non-scientific expertise can centre debates around the kinds of societies we want, rather than being caught up in the scientific (un)certainties. If we translate Latour’s concept of climate change being “a matter of concern” into the discourse of environmental management then what we come up with, I think, is the “precautionary principle”. In the YouTube clip, “Stephen Schneider vs Skeptics”, Schneider argues that when in doubt about the potential environmental impacts of climate change, we should always apply the precautionary principle. This principle emerged from the UN conference on Environment and Development in Rio de Janeiro in 1992 and concerns the management of scientific risk. However its origins are evident much earlier in documents such as the “Use of Pesticides” from US President’s Science Advisory Committee in 1962. Unlike in criminal and other types of law where the burden of proof is on the prosecutor to show that the person charged is guilty of a particular offence, in environmental law the onus of proof is on the manufacturers to demonstrate the safety of their product. For instance, a pesticide should be restricted or disproved for use if there is “reasonable doubt” about its safety (Oreskes 374). Principle 15 of the Rio Declaration on Environment and Development in 1992 has its foundations in the precautionary principle: “Where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation” (n.p). According to Environmental Law Online, the Rio declaration suggests that, “The precautionary principle applies where there is a ‘lack of full scientific certainty’ – that is, when science cannot say what consequences to expect, how grave they are, or how likely they are to occur” (n.p.). In order to make predictions about the likelihood of an event occurring, scientists employ a level of subjectivity, or need to “reveal their degree of belief that a prediction will turn out to be correct … [S]omething has to substitute for this lack of certainty” otherwise “the only alternative is to admit that absolutely nothing is known” (Hulme 85). These statements of “subjective probabilities or beliefs” are called Bayesian, after eighteenth century English mathematician Sir Thomas Bayes who developed the theory of evidential probability. These “probabilities” are estimates, or in other words, subjective, informed judgements that draw upon evidence and experience about the likelihood of event occurring. The Intergovernmental Panel on Climate Change (IPCC) uses Bayesian beliefs to determine the risk or likelihood of an event occurring. The IPCC provides the largest international scientific assessment of climate change and often adopts a consensus model where viewpoint reached by the majority of scientists is used to establish knowledge amongst an interdisciplinary community of scientists and then communicate it to the public (Hulme 88). According to the IPCC, this consensus is reached amongst more than more than 450 lead authors, more than 800 contributing authors, and 2500 scientific reviewers. While it is an advisory body and is not policy-prescriptive, the IPCC adopts particular linguistic conventions to indicate the probability of a statement being correct. Stephen Schneider convinced the IPCC to use this approach to systemise uncertainty (Lemonick). So for instance, in the IPCC reports, the term “likely” denotes a chance of 66%-90% of the statement being correct, while “very likely” denotes more than a 90% chance. Note the change from the Third Assessment Report (2001), indicating that “most of the observed warming in over the last fifty years is likely to have been due to the increase in greenhouse gas emissions” to the Fourth Assessment (February 2007) which more strongly states: “Most of the observed increase in global average temperatures since the mid twentieth century is very likely due to the observed increase in anthropogenic greenhouse gas concentrations” (Hulme 51, my italics). A fiery attack on Tim Flannery by Andrew Bolt on Steve Price’s talkback radio show in June 2010 illustrates just how misunderstood scientific uncertainty is in the broader community. When Price introduces Flannery as former Australian of the Year, Bolt intercedes, claiming Flannery is “Alarmist of the Year”, then goes on to chastise Flannery for making various forecasts which didn’t eventuate, such as that Perth and Brisbane might run out of water by 2009. “How much are you to blame for the swing in sentiment, the retreat from global warming policy and rise of scepticism?” demands Bolt. In the context of the events of late 2009 and early 2010, the fact that these events didn’t materialise made Flannery, and others, seem unreliable. And what Bolt had to say on talkback radio, I suspect, resonated with a good proportion of its audience. What Bolt was trying to do was discredit Flannery’s scientific credentials and in the process erode trust in the expert. Flannery’s response was to claim that, what he said was that these events might eventuate. In much the same way that the climate sceptics have managed to co-opt scepticism and use it as a rationale for inaction on climate change, Andrew Bolt here either misunderstands basic scientific method or quite consciously misleads and manipulates the public. As Naomi Oreskes argues, “proof does not play the role in science that most people think it does (or should), and therefore it cannot play the role in policy that skeptics demand it should” (Oreskes 370). Doubt and ‘Situated’ Hope Uncertainty and ambiguity then emerge here as resources because they force us to confront those things we really want–not safety in some distant, contested future but justice and self-understanding now. (Sheila Jasanoff, cited in Hulme, back cover) In his last published book before his death in mid-2010, Science as a contact sport, Stephen Schneider’s advice to aspiring science communicators is that they should engage with the media “not at all, or a lot”. Climate scientist Ann Henderson-Sellers adds that there are very few scientists “who have the natural ability, and learn or cultivate the talents, of effective communication with and through the media” (430). In order to attract the public’s attention, it was once commonplace for scientists to write editorials and exploit fear-provoking measures by including a “useful catastrophe or two” (Moser and Dilling 37). But are these tactics effective? Susanne Moser thinks not. She argues that “numerous studies show that … fear may change attitudes … but not necessarily increase active engagement or behaviour change” (Moser 70). Furthermore, risk psychologists argue that danger is always context specific (Hulme 196). If the risk or danger is “situated” and “tangible” (such as lead toxicity levels in children in Mt Isa from the Xstrata mine) then the public will engage with it. However if it is “un-situated” (distant, intangible and diffuse) like climate change, the audience is less likely to. In my SCOM201 class we examined the impact of two climate change-related campaigns. The first one was a short film used to promote the 2010 Copenhagen Climate Change Summit (“Scary”) and the second was the State Government of Victoria’s “You have the power: Save Energy” public awareness campaign (“You”). Using Moser’s article to guide them, students evaluated each campaign’s effectiveness. Their conclusions were that the “You have the power” campaign had far more impact because it a) had very clear objectives (to cut domestic power consumption) b) provided a very clear visualisation of carbon dioxide through the metaphor of black balloons wafting up into the atmosphere, c) gave viewers a sense of empowerment and hope through describing simple measures to cut power consumption and, d) used simple but effective metaphors to convey a world progressed beyond human control, such as household appliances robotically operating themselves in the absence of humans. Despite its high production values, in comparison, the Copenhagen Summit promotion was more than ineffective and bordered on propaganda. It actually turned viewers off with its whining, righteous appeal of, “please help the world”. Its message and objectives were ambiguous, it conveyed environmental catastrophe through hackneyed images, exploited children through a narrative based on fear and gave no real sense of hope or empowerment. In contrast the Victorian Government’s campaign focused on just one aspect of climate change that was made both tangible and situated. Doubt and uncertainty are productive tools in the pursuit of knowledge. Whether it is scientific or otherwise, uncertainty will always be the motivation that “feeds the frenzy for new knowledge” (Jasanoff 33). Articulating the importance of Hulme’s book, Sheila Jasanoff indicates we should make doubt our friend, “Without downplaying its seriousness, Hulme demotes climate change from ultimate threat to constant companion, whose murmurs unlock in us the instinct for justice and equality” (Hulme back cover). The “murmurs” that Jasanoff gestures to here, I think, can also be articulated as hope. And it is in this discussion of climate change that doubt and hope sit side-by-side as bedfellows, mutually entangled. Since the “failed” Copenhagen Summit, there has been a distinct shift in climate change discourse from “experts”. We have moved away from doom and gloom discourses and into the realm of what I shall call “situated” hope. “Situated” hope is not based on blind faith alone, but rather hope grounded in evidence, informed judgements and experience. For instance, in distinct contrast to his cautionary tale The Weather Makers: The History & Future Impact of Climate Change, Tim Flannery’s latest book, Here on Earth is a biography of our Earth; a planet that throughout its history has oscillated between Gaian and Medean impulses. However Flannery’s wonder about the natural world and our potential to mitigate the impacts of climate change is not founded on empty rhetoric but rather tempered by evidence; he presents a series of case studies where humanity has managed to come together for a global good. Whether it’s the 1987 Montreal ban on CFCs (chlorinated fluorocarbons) or the lesser-known 2001 Stockholm Convention on POP (Persistent Organic Pollutants), what Flannery envisions is an emerging global civilisation, a giant, intelligent super-organism glued together through social bonds. He says: If that is ever achieved, the greatest transformation in the history of our planet would have occurred, for Earth would then be able to act as if it were as Francis Bacon put it all those centuries ago, ‘one entire, perfect living creature’. (Here on Earth, 279) While science might give us “our most reliable understanding of the natural world” (Oreskes 370), “situated” hope is the only productive and ethical currency we have. ReferencesAustralian Council of Deans of Science. What Did You Do with Your Science Degree? A National Study of Employment Outcomes for Science Degree Holders 1990-2000. Melbourne: Centre for the Study of Higher Education, University of Melbourne, 2001. Australian Government Department of Innovation, Industry, Science and Research, Inspiring Australia – A National Strategy for Engagement with the Sciences. Executive summary. Canberra: DIISR, 2010. 24 May 2010 ‹http://www.innovation.gov.au/SCIENCE/INSPIRINGAUSTRALIA/Documents/InspiringAustraliaSummary.pdf›. “Andrew Bolt with Tim Flannery.” Steve Price. Hosted by Steve Price. Melbourne: Melbourne Talkback Radio, 2010. 9 June 2010 ‹http://www.mtr1377.com.au/index2.php?option=com_newsmanager&task=view&id=6209›. Carson, Rachel. Silent Spring. London: Penguin, 1962 (2000). Carr, Kim. “Celebrating Nobel Laureate Professor Elizabeth Blackburn.” Canberra: DIISR, 2010. 19 Feb. 2010 ‹http://minister.innovation.gov.au/Carr/Pages/CELEBRATINGNOBELLAUREATEPROFESSORELIZABETHBLACKBURN.aspx›. Environmental Law Online. “The Precautionary Principle.” N.d. 19 Jan 2011 ‹http://www.envirolaw.org.au/articles/precautionary_principle›. Flannery, Tim. The Weather Makers: The History & Future Impact of Climate Change. Melbourne: Text Publishing, 2005. ———. Here on Earth: An Argument for Hope. Melbourne: Text Publishing, 2010. Gorman-Murray, Andrew, and Gordon Waitt. “Climate and Culture.” M/C Journal 12.4 (2009). 9 Mar 2011 ‹http://journal.media-culture.org.au/index.php/mcjournal/article/viewArticle/184/0›. Harrison, Karey. “How ‘Inconvenient’ Is Al Gore’s Climate Change Message?” M/C Journal 12.4 (2009). 9 Mar 2011 ‹http://journal.media-culture.org.au/index.php/mcjournal/article/viewArticle/175›. Henderson-Sellers, Ann. “Climate Whispers: Media Communication about Climate Change.” Climatic Change 40 (1998): 421–456. Hulme, Mike. Why We Disagree about Climate Change: Understanding, Controversy, Inaction and Opportunity. Cambridge: Cambridge UP, 2009. Intergovernmental Panel on Climate Change. A Picture of Climate Change: The Current State of Understanding. 2007. 11 Jan 2011 ‹http://www.ipcc.ch/pdf/press-ar4/ipcc-flyer-low.pdf›. Jasanoff, Sheila. “Technologies of Humility.” Nature 450 (2007): 33. Latour, Bruno. “Why Has Critique Run Out of Steam? From Matters of Fact to Matters of Concern.” Critical Inquiry 30.2 (2004). 19 Jan 2011 ‹http://criticalinquiry.uchicago.edu/issues/v30/30n2.Latour.html›. Lemonick, Michael D. “Climate Heretic: Judith Curry Turns on Her Colleagues.” Nature News 1 Nov. 2010. 9 Mar 2011 ‹http://www.nature.com/news/2010/101101/full/news.2010.577.html›. Lyotard, Jean-Francois. The Postmodern Condition: A Report on Knowledge. Minneapolis: U of Minnesota P, 1984. Moser, Susanne, and Lisa Dilling. “Making Climate Hot: Communicating the Urgency and Challenge of Global Climate Change.” Environment 46.10 (2004): 32-46. Moser, Susie. “More Bad News: The Risk of Neglecting Emotional Responses to Climate Change Information.” In Susanne Moser and Lisa Dilling (eds.), Creating a Climate for Change: Communicating Climate Change and Facilitating Social Change. Cambridge: Cambridge UP, 2007. 64-81. Oreskes, Naomi. “Science and Public Policy: What’s Proof Got to Do with It?” Environmental Science and Policy 7 (2004): 369-383. Potter, Emily, and Candice Oster. “Communicating Climate Change: Public Responsiveness and Matters of Concern.” Media International Australia 127 (2008): 116-126. President’s Science Advisory Committee. “Use of Pesticides”. Washington, D.C.: The White House, 1963. United Nations Declaration on Environment and Development. Rio de Janeiro, 1992. 19 Jan 2011 ‹http://www.unep.org/Documents.Multilingual/Default.asp?DocumentID=78&ArticleID=1163›. “Scary Global Warming Propaganda Video Shown at the Copenhagen Climate Meeting – 7 Dec. 2009.” YouTube. 21 Mar. 2011‹http://www.youtube.com/watch?v=jzSuP_TMFtk&feature=related›. Schneider, Stephen. Science as a Contact Sport: Inside the Battle to Save Earth’s Climate. National Geographic Society, 2010. ———. “Stephen Schneider vs. the Sceptics”. YouTube. 21 Mar. 2011 ‹http://www.youtube.com/watch?v=7rj1QcdEqU0›. Schwartz, Steven. “Science in Search of a New Formula.” 2010. 20 May 2010 ‹http://www.vc.mq.edu.au/blog/2010/03/11/science-in-search-of-a-new-formula/›. Tiffen, Rodney. "You Wouldn't Read about It: Climate Scientists Right." Sydney Morning Herald 26 July 2010. 19 Jan 2011 ‹http://www.smh.com.au/environment/climate-change/you-wouldnt-read-about-it-climate-scientists-right-20100727-10t5i.html›. “You Have the Power: Save Energy.” YouTube. 21 Mar. 2011 ‹http://www.youtube.com/watch?v=SCiS5k_uPbQ›.
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Collins, Steve. "Recovering Fair Use." M/C Journal 11, no. 6 (November 28, 2008). http://dx.doi.org/10.5204/mcj.105.

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IntroductionThe Internet (especially in the so-called Web 2.0 phase), digital media and file-sharing networks have thrust copyright law under public scrutiny, provoking discourses questioning what is fair in the digital age. Accessible hardware and software has led to prosumerism – creativity blending media consumption with media production to create new works that are freely disseminated online via popular video-sharing Web sites such as YouTube or genre specific music sites like GYBO (“Get Your Bootleg On”) amongst many others. The term “prosumer” is older than the Web, and the conceptual convergence of producer and consumer roles is certainly not new, for “at electric speeds the consumer becomes producer as the public becomes participant role player” (McLuhan 4). Similarly, Toffler’s “Third Wave” challenges “old power relationships” and promises to “heal the historic breach between producer and consumer, giving rise to the ‘prosumer’ economics” (27). Prosumption blurs the traditionally separate consumer and producer creating a new creative era of mass customisation of artefacts culled from the (copyrighted) media landscape (Tapscott 62-3). Simultaneously, corporate interests dependent upon the protections provided by copyright law lobby for augmented rights and actively defend their intellectual property through law suits, takedown notices and technological reinforcement. Despite a lack demonstrable economic harm in many cases, the propertarian approach is winning and frequently leading to absurd results (Collins).The balance between private and public interests in creative works is facilitated by the doctrine of fair use (as codified in the United States Copyright Act 1976, section 107). The majority of copyright laws contain “fair” exceptions to claims of infringement, but fair use is characterised by a flexible, open-ended approach that allows the law to flex with the times. Until recently the defence was unique to the U.S., but on 2 January Israel amended its copyright laws to include a fair use defence. (For an overview of the new Israeli fair use exception, see Efroni.) Despite its flexibility, fair use has been systematically eroded by ever encroaching copyrights. This paper argues that copyright enforcement has spun out of control and the raison d’être of the law has shifted from being “an engine of free expression” (Harper & Row, Publishers, Inc. v. Nation Enterprises 471 U.S. 539, 558 (1985)) towards a “legal regime for intellectual property that increasingly looks like the law of real property, or more properly an idealized construct of that law, one in which courts seeks out and punish virtually any use of an intellectual property right by another” (Lemley 1032). Although the copyright landscape appears bleak, two recent cases suggest that fair use has not fallen by the wayside and may well recover. This paper situates fair use as an essential legal and cultural mechanism for optimising creative expression.A Brief History of CopyrightThe law of copyright extends back to eighteenth century England when the Statute of Anne (1710) was enacted. Whilst the length of this paper precludes an in depth analysis of the law and its export to the U.S., it is important to stress the goals of copyright. “Copyright in the American tradition was not meant to be a “property right” as the public generally understands property. It was originally a narrow federal policy that granted a limited trade monopoly in exchange for universal use and access” (Vaidhyanathan 11). Copyright was designed as a right limited in scope and duration to ensure that culturally important creative works were not the victims of monopolies and were free (as later mandated in the U.S. Constitution) “to promote the progress.” During the 18th century English copyright discourse Lord Camden warned against propertarian approaches lest “all our learning will be locked up in the hands of the Tonsons and the Lintons of the age, who will set what price upon it their avarice chooses to demand, till the public become as much their slaves, as their own hackney compilers are” (Donaldson v. Becket 17 Cobbett Parliamentary History, col. 1000). Camden’s sentiments found favour in subsequent years with members of the North American judiciary reiterating that copyright was a limited right in the interests of society—the law’s primary beneficiary (see for example, Wheaton v. Peters 33 US 591 [1834]; Fox Film Corporation v. Doyal 286 US 123 [1932]; US v. Paramount Pictures 334 US 131 [1948]; Mazer v. Stein 347 US 201, 219 [1954]; Twentieth Century Music Corp. v. Aitken 422 U.S. 151 [1975]; Aronson v. Quick Point Pencil Co. 440 US 257 [1979]; Dowling v. United States 473 US 207 [1985]; Harper & Row, Publishers, Inc. v. Nation Enterprises 471 U.S. 539 [1985]; Luther R. Campbell a.k.a. Luke Skyywalker, et al. v. Acuff-Rose Music, Inc. 510 U.S 569 [1994]). Putting the “Fair” in Fair UseIn Folsom v. Marsh 9 F. Cas. 342 (C.C.D. Mass. 1841) (No. 4,901) Justice Storey formulated the modern shape of fair use from a wealth of case law extending back to 1740 and across the Atlantic. Over the course of one hundred years the English judiciary developed a relatively cohesive set of principles governing the use of a first author’s work by a subsequent author without consent. Storey’s synthesis of these principles proved so comprehensive that later English courts would look to his decision for guidance (Scott v. Stanford L.R. 3 Eq. 718, 722 (1867)). Patry explains fair use as integral to the social utility of copyright to “encourage. . . learned men to compose and write useful books” by allowing a second author to use, under certain circumstances, a portion of a prior author’s work, where the second author would himself produce a work promoting the goals of copyright (Patry 4-5).Fair use is a safety valve on copyright law to prevent oppressive monopolies, but some scholars suggest that fair use is less a defence and more a right that subordinates copyrights. Lange and Lange Anderson argue that the doctrine is not fundamentally about copyright or a system of property, but is rather concerned with the recognition of the public domain and its preservation from the ever encroaching advances of copyright (2001). Fair use should not be understood as subordinate to the exclusive rights of copyright owners. Rather, as Lange and Lange Anderson claim, the doctrine should stand in the superior position: the complete spectrum of ownership through copyright can only be determined pursuant to a consideration of what is required by fair use (Lange and Lange Anderson 19). The language of section 107 suggests that fair use is not subordinate to the bundle of rights enjoyed by copyright ownership: “Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work . . . is not an infringement of copyright” (Copyright Act 1976, s.107). Fair use is not merely about the marketplace for copyright works; it is concerned with what Weinreb refers to as “a community’s established practices and understandings” (1151-2). This argument boldly suggests that judicial application of fair use has consistently erred through subordinating the doctrine to copyright and considering simply the effect of the appropriation on the market place for the original work.The emphasis on economic factors has led courts to sympathise with copyright owners leading to a propertarian or Blackstonian approach to copyright (Collins; Travis) propagating the myth that any use of copyrighted materials must be licensed. Law and media reports alike are potted with examples. For example, in Bridgeport Music, Inc., et al v. Dimension Films et al 383 F. 3d 400 (6th Cir. 2004) a Sixth Circuit Court of Appeals held that the transformative use of a three-note guitar sample infringed copyrights and that musicians must obtain licence from copyright owners for every appropriated audio fragment regardless of duration or recognisability. Similarly, in 2006 Christopher Knight self-produced a one-minute television advertisement to support his campaign to be elected to the board of education for Rockingham County, North Carolina. As a fan of Star Wars, Knight used a makeshift Death Star and lightsaber in his clip, capitalising on the imagery of the Jedi Knight opposing the oppressive regime of the Empire to protect the people. According to an interview in The Register the advertisement was well received by local audiences prompting Knight to upload it to his YouTube channel. Several months later, Knight’s clip appeared on Web Junk 2.0, a cable show broadcast by VH1, a channel owned by media conglomerate Viacom. Although his permission was not sought, Knight was pleased with the exposure, after all “how often does a local school board ad wind up on VH1?” (Metz). Uploading the segment of Web Junk 2.0 featuring the advertisement to YouTube, however, led Viacom to quickly issue a take-down notice citing copyright infringement. Knight expressed his confusion at the apparent unfairness of the situation: “Viacom says that I can’t use my clip showing my commercial, claiming copy infringement? As we say in the South, that’s ass-backwards” (Metz).The current state of copyright law is, as Patry says, “depressing”:We are well past the healthy dose stage and into the serious illness stage ... things are getting worse, not better. Copyright law has abandoned its reason for being: to encourage learning and the creation of new works. Instead, its principal functions now are to preserve existing failed business models, to suppress new business models and technologies, and to obtain, if possible, enormous windfall profits from activity that not only causes no harm, but which is beneficial to copyright owners. Like Humpty-Dumpty, the copyright law we used to know can never be put back together.The erosion of fair use by encroaching private interests represented by copyrights has led to strong critiques leveled at the judiciary and legislators by Lessig, McLeod and Vaidhyanathan. “Free culture” proponents warn that an overly strict copyright regime unbalanced by an equally prevalent fair use doctrine is dangerous to creativity, innovation, culture and democracy. After all, “few, if any, things ... are strictly original throughout. Every book in literature, science and art, borrows, and must necessarily borrow, and use much which was well known and used before. No man creates a new language for himself, at least if he be a wise man, in writing a book. He contents himself with the use of language already known and used and understood by others” (Emerson v. Davis, 8 F. Cas. 615, 619 (No. 4,436) (CCD Mass. 1845), qted in Campbell v. Acuff-Rose, 62 U.S.L.W. at 4171 (1994)). The rise of the Web 2.0 phase with its emphasis on end-user created content has led to an unrelenting wave of creativity, and much of it incorporates or “mashes up” copyright material. As Negativland observes, free appropriation is “inevitable when a population bombarded with electronic media meets the hardware [and software] that encourages them to capture it” and creatively express themselves through appropriated media forms (251). The current state of copyright and fair use is bleak, but not beyond recovery. Two recent cases suggest a resurgence of the ideology underpinning the doctrine of fair use and the role played by copyright.Let’s Go CrazyIn “Let’s Go Crazy #1” on YouTube, Holden Lenz (then eighteen months old) is caught bopping to a barely recognizable recording of Prince’s “Let’s Go Crazy” in his mother’s Pennsylvanian kitchen. The twenty-nine second long video was viewed a mere twenty-eight times by family and friends before Stephanie Lenz received an email from YouTube informing her of its compliance with a Digital Millennium Copyright Act (DMCA) take-down notice issued by Universal, copyright owners of Prince’s recording (McDonald). Lenz has since filed a counterclaim against Universal and YouTube has reinstated the video. Ironically, the media exposure surrounding Lenz’s situation has led to the video being viewed 633,560 times at the time of writing. Comments associated with the video indicate a less than reverential opinion of Prince and Universal and support the fairness of using the song. On 8 Aug. 2008 a Californian District Court denied Universal’s motion to dismiss Lenz’s counterclaim. The question at the centre of the court judgment was whether copyright owners should consider “the fair use doctrine in formulating a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” The court ultimately found in favour of Lenz and also reaffirmed the position of fair use in relation to copyright. Universal rested its argument on two key points. First, that copyright owners cannot be expected to consider fair use prior to issuing takedown notices because fair use is a defence, invoked after the act rather than a use authorized by the copyright owner or the law. Second, because the DMCA does not mention fair use, then there should be no requirement to consider it, or at the very least, it should not be considered until it is raised in legal defence.In rejecting both arguments the court accepted Lenz’s argument that fair use is an authorised use of copyrighted materials because the doctrine of fair use is embedded into the Copyright Act 1976. The court substantiated the point by emphasising the language of section 107. Although fair use is absent from the DMCA, the court reiterated that it is part of the Copyright Act and that “notwithstanding the provisions of sections 106 and 106A” a fair use “is not an infringement of copyright” (s.107, Copyright Act 1976). Overzealous rights holders frequently abuse the DMCA as a means to quash all use of copyrighted materials without considering fair use. This decision reaffirms that fair use “should not be considered a bizarre, occasionally tolerated departure from the grand conception of the copyright design” but something that it is integral to the constitution of copyright law and essential in ensuring that copyright’s goals can be fulfilled (Leval 1100). Unlicensed musical sampling has never fared well in the courtroom. Three decades of rejection and admonishment by judges culminated in Bridgeport Music, Inc., et al v. Dimension Films et al 383 F. 3d 400 (6th Cir. 2004): “Get a license or do not sample. We do not see this stifling creativity in any significant way” was the ruling on an action brought against an unlicensed use of a three-note guitar sample under section 114, an audio piracy provision. The Bridgeport decision sounded a death knell for unlicensed sampling, ensuring that only artists with sufficient capital to pay the piper could legitimately be creative with the wealth of recorded music available. The cost of licensing samples can often outweigh the creative merit of the act itself as discussed by McLeod (86) and Beaujon (25). In August 2008 the Supreme Court of New York heard EMI v. Premise Media in which EMI sought an injunction against an unlicensed fifteen second excerpt of John Lennon’s “Imagine” featured in Expelled: No Intelligence Allowed, a controversial documentary canvassing alleged chilling of intelligent design proponents in academic circles. (The family of John Lennon and EMI had previously failed to persuade a Manhattan federal court in a similar action.) The court upheld Premise Media’s arguments for fair use and rejected the Bridgeport approach on which EMI had rested its entire complaint. Justice Lowe criticised the Bridgeport court for its failure to examine the legislative intent of section 114 suggesting that courts should look to the black letter of the law rather than blindly accept propertarian arguments. This decision is of particular importance because it establishes that fair use applies to unlicensed use of sound recordings and re-establishes de minimis use.ConclusionThis paper was partly inspired by the final entry on eminent copyright scholar William Patry’s personal copyright law blog (1 Aug. 2008). A copyright lawyer for over 25 years, Patry articulated his belief that copyright law has swung too far away from its initial objectives and that balance could never be restored. The two cases presented in this paper demonstrate that fair use – and therefore balance – can be recovered in copyright. The federal Supreme Court and lower courts have stressed that copyright was intended to promote creativity and have upheld the fair doctrine, but in order for the balance to exist in copyright law, cases must come before the courts; copyright myth must be challenged. As McLeod states, “the real-world problems occur when institutions that actually have the resources to defend themselves against unwarranted or frivolous lawsuits choose to take the safe route, thus eroding fair use”(146-7). ReferencesBeaujon, Andrew. “It’s Not the Beat, It’s the Mocean.” CMJ New Music Monthly. April 1999.Collins, Steve. “Good Copy, Bad Copy: Covers, Sampling and Copyright.” M/C Journal 8.3 (2005). 26 Aug. 2008 ‹http://journal.media-culture.org.au/0507/02-collins.php›.———. “‘Property Talk’ and the Revival of Blackstonian Copyright.” M/C Journal 9.4 (2006). 26 Aug. 2008 ‹http://journal.media-culture.org.au/0609/5-collins.php›.Donaldson v. Becket 17 Cobbett Parliamentary History, col. 953.Efroni, Zohar. “Israel’s Fair Use.” The Center for Internet and Society (2008). 26 Aug. 2008 ‹http://cyberlaw.stanford.edu/node/5670›.Lange, David, and Jennifer Lange Anderson. “Copyright, Fair Use and Transformative Critical Appropriation.” Conference on the Public Domain, Duke Law School. 2001. 26 Aug. 2008 ‹http://www.law.duke.edu/pd/papers/langeand.pdf›.Lemley, Mark. “Property, Intellectual Property, and Free Riding.” Texas Law Review 83 (2005): 1031.Lessig, Lawrence. The Future of Ideas. New York: Random House, 2001.———. Free Culture. New York: Penguin, 2004.Leval, Pierre. “Toward a Fair Use Standard.” Harvard Law Review 103 (1990): 1105.McDonald, Heather. “Holden Lenz, 18 Months, versus Prince and Universal Music Group.” About.com: Music Careers 2007. 26 Aug. 2008 ‹http://musicians.about.com/b/2007/10/27/holden-lenz-18-months-versus-prince-and-universal-music-group.htm›.McLeod, Kembrew. “How Copyright Law Changed Hip Hop: An interview with Public Enemy’s Chuck D and Hank Shocklee.” Stay Free 2002. 26 Aug. 2008 ‹http://www.stayfreemagazine.org/archives/20/public_enemy.html›.———. Freedom of Expression: Overzealous Copyright Bozos and Other Enemies of Creativity. United States: Doubleday, 2005.McLuhan, Marshall, and Barrington Nevitt. Take Today: The Executive as Dropout. Ontario: Longman Canada, 1972.Metz, Cade. “Viacom Slaps YouTuber for Behaving like Viacom.” The Register 2007. 26 Aug. 2008 ‹http://www.theregister.co.uk/2007/08/30/viacom_slaps_pol/›.Negativland, ed. Fair Use: The Story of the Letter U and the Numeral 2. Concord: Seeland, 1995.Patry, William. The Fair Use Privilege in Copyright Law. Washington DC: Bureau of National Affairs, 1985.———. “End of the Blog.” The Patry Copyright Blog. 1 Aug. 2008. 27 Aug. 2008 ‹http://williampatry.blogspot.com/2008/08/end-of-blog.html›.Tapscott, Don. The Digital Economy: Promise and Peril in the Age of Networked Intelligence. New York: McGraw Hill, 1996.Toffler, Alvin. The Third Wave. London, Glasgow, Sydney, Auckland. Toronto, Johannesburg: William Collins, 1980.Travis, Hannibal. “Pirates of the Information Infrastructure: Blackstonian Copyright and the First Amendment.” Berkeley Technology Law Journal, Vol. 15 (2000), No. 777.Vaidhyanathan, Siva. Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity. New York; London: New York UP, 2003.
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