Academic literature on the topic 'Metropolitan Board of Works (London, England) History'

IN 1839, G. A. WALKER, a London surgeon, published Gatherings from Graveyards, Particularly Those in London. Three years later Parliament appointed a House of Commons select committee to investigate “the evils arising from the interment of bodies” in large towns and to consider legislation to resolve the problem.1 Walker’s study opens with a comprehensive history of the modes of interment among all nations, showing the wisdom of ancient practices that removed the dead from the confines of the living. The second portion of the book describes the pathological state of forty-three metropolitan graveyards in an effort to convince the public of the need for legislative interference by the government to prohibit burials in the vicinity of the living.2 Walker’s important work attracted the attention of Parliament and social reformers because of his comprehensive representation of the problem of graveyards, especially among the poor districts of London; his rudimentary statistics that, in effect, isolated them from the rest of the society; and his unbending insistence that national legislators solve the problem. These three impulses influenced the way Edwin Chadwick, secretary to the New Poor Law Commission from 1834 to 1842 and commissioner for the Board of Health from 1848 to 1852, identified and represented the problem of corpses and graveyards in his A Supplementary Report on the Results of a Special Inquiry into the Practice of Interment in Towns (1843).

Perfect vision for the path ahead? As I write this editorial it seems that once again, we stand on the threshold of yet another significant date. The fortieth anniversary of ISCPES and also that of this journal, that has been the voice of the society’s contribution over that period, has been and gone. This time it is 2020 that looms on the near horizon. It is a date that has long been synonymous with perfect vision. Many may perhaps see this as somewhat ironic, given the themes surrounding change and the directions it has taken, that have been addressed previously in these pages. Perfect vision and the clarity it can bring seem a far cry away from the turbulent world to which we seem to be becoming accustomed. So many of the divisions that we are facing today seem to be internal in nature and far different from the largely: nation against nation; system against system strife, we can remember from the cold war era. The US, for example, seems to be a nation perpetually at war with itself. Democrats v Republicans, deplorables v elites - however you want to label the warring sides - we can construct a number of divisions which seem to put 50% of Americans implacably opposed to the other 50%. In the UK, it has been the divide around the referendum to leave the European Union – the so-called Brexit debate. Nationally the division was 52% to 48% in favour of leaving. Yet the data can be reanalysed in, it seems, countless ways to show the splits within a supposedly ‘United’ Kingdom. Scotland v England, London and the South East v the English regions, young v old are just some of the examples. Similar splits seem to be increasing within many societies. Hong Kong has recently been the focus of world interest We have watched this erstwhile model of an apparently successful and dynamic compromise between two ‘diverse’ systems, appear to tear itself apart on our television screens. Iran, Brazil, Venezuela are just three further examples of longstanding national communities where internal divisions have bubbled to the surface in recent times. These internal divisions frequently have no simple and single fault line. In bygone times, social class, poverty, religion and ethnicity were simple universal indicators of division. Today ways of dividing people have become far more complex and often multi-dimensional. Social media has become a means to amplify and repeat messages that have originated from those who have a ‘gripe’ based in identity politics or who wish to signal to all and sundry how extremely ‘virtuous’ and progressive they are. The new technologies have proved effective for the distribution of information but remarkably unsuccessful in the promotion of communication. This has been exemplified by the emergence and exploitation of Greta Thunberg a sixteen-year-old from Sweden as a spokesperson for the ‘Extinction Rebellion’ climate change lobby. It is a movement that has consciously eschewed debate and discussion in favour of action. Consequently, by excluding learning from its operation, it is cutting itself off from the possibility of finding out what beneficial change will look like and therefore finding a way by which to achieve it. Put simply, it has predetermined its desired goal and defined the problem in inflexible terms. It has ignored a basic tenet of effective problem solving, namely that the key lies in the way you actually frame the problem. Unfortunately, the movement has adopted the polarised labelling strategies that place all humans into the category of either ‘believers’ or ‘deniers’. This fails to acknowledge and deal with the depth and complexity of the problem and the range of our possible responses to it. We are all the losers when problems, particularly given their potential significance, become addressed in such a way. How and where can human behaviour learn to rise above the limits of the processes we see being followed all around us? If leadership is to come, it must surely come from and through a process of education. All of us must assume some responsibility here – and certainly not abdicate it to elite and powerful groups. In other words, we all have a moral duty to educate ourselves to the best of our ability. An important part of the process we follow should be to remain sceptical of the limits of human knowledge. In addition, we need to be committed to applying tests of truth and integrity to the information we access and manage. This is why we form and support learned societies such as ISCPES. Their duty is to test, debate and promote ideas and concepts so that truth and understanding might emerge from sharing and exploring information, while at the same time applying the criteria developed by the wisdom and experience of those who have gone before. And so, we come to the processes of change and disruption as we are currently experiencing them at International Sports Studies. Throughout our history we have followed the traditional model of a scholarly journal. That is, our reason for existence is to provide a scholarly forum for colleagues who wish to contribute to and develop understanding within the professional and academic field of Comparative Physical Education and Sport. As the means of doing this, we encourage academics and professionals in our field to submit articles which are blind reviewed by experts. They then advise the editor on their quality and suitability for publication. As part of our responsibility we particularly encourage qualified authors from non-English speaking backgrounds to publish with us, as a means of providing a truly international forum for ideas and development. Where possible the editorial team works with contributors to assist them with this process. We have now taken a step further by publishing the abstracts in Portuguese, Spanish and Chinese on the website, in order to spread the work of our contributors more widely. Consistent with international changes in labelling and focus over the years, the title of the society’s journal was changed from the Journal of Comparative Physical Education and Sport to International Sports Studies in 1989. However, our aim has remained to advance understanding and communication between members of the global community who share a professional, personal or scholarly interest in the state and development of physical education and sport around the world. In line with the traditional model, the services of our editorial and reviewing teams are provided ex gratia and the costs of publication are met by reader and library subscriptions. We have always offered a traditional printed version but have, in recent years, developed an online version - also as a subscription. Over the last few years we have moved to online editorial support. From 2020 will be adopting the practice of making articles available online immediately following their acceptance. This will reduce the wait time experienced by authors in their work becoming generally available to the academic community. Readers will no doubt be aware of the current and recent turbulence within academic publishing generally. There has been a massive increase in the university sector globally. As a result, there has been an increasing number of academics who both want to and need to publish, for the sake of advancement in their careers. A number of organisations have seen this as providing a business opportunity. Consequently, many academics now receive daily emails soliciting their contributions to various journals and books. University libraries are finding their budgets stretched and while they have been, up until now, the major funders of scholarly journals through their subscriptions, they have been forced to limit their lists and become much more selective in their choices. For these reasons, open access has provided a different and attractive funding model. In this model, the costs of publication are effectively transferred to the authors rather than the readers. This works well for those authors who may have the financial support to pursue this option, as well as for readers. However, it does raise a question as to the processes of quality control. The question arises because when the writer becomes the paying customer in the transaction, then the interests of the merchant (the publisher) can become more aligned to ensuring the author gets published rather than guaranteeing the reader some degree of quality control over the product they are receiving. A further confounding factor in the scenario we face, is the issue of how quality is judged. Universities have today become businesses and are being run with philosophies similar to those of any business in the commercial world. Thus, they have ‘bought into’ a series of key performance indicators which are used to compare institutions one with another. These are then added up together to produce summative scores by which universities can be compared and ranked. There are those of us that believe that such a process belittles and diminishes the institutions and the role they play in our societies. Nonetheless it has become a game with which the majority appear to have fallen in line, seeing it as a necessary part of the need to market themselves. As a result, very many institutions now pay their chief executives (formerly Vice-Chancellors) very highly, in order to for them to optimise the chosen metrics. It is a similar process of course with academic journals. So it is, that various measures are used to categorise and rank journals and provide some simplistic measure of ‘quality’. Certain fields and methodologies are inherently privileged in these processes, for example the medical and natural sciences. As far as we are concerned, we address a very significant element in our society – physical education and sport - and we address it from a critical but eclectic perspective. We believe that this provides a significant service to our global community. However, we need to be realistic in acknowledging the limited and restricted nature of that community. Sport Science has become dominated by physiology, data analytics, injury and rehabilitation. Courses and staff studying the phenomenon of sport and physical education through the humanities and social sciences, seem to be rarer and rarer. This is to the great detriment of the wellbeing and development of the phenomenon itself. We would like to believe that we can make an important difference in this space. So how do we address the question of quality? Primarily through following our advertised processes and the integrity and competence of those involved. We believe in these and will stick with them. However, we appreciate that burying our heads in the sand and remaining ‘king of the dinosaurs’ does not provide a viable way forward. Therefore, in our search for continuing strategy and clear vision in 2020, we will be exploring ways of signalling our quality better, while at the same time remaining true to our principles and beliefs. In conclusion we are advising you, as our readers, that changes may be expected as we, of necessity, adapt to our changing environment while seeking sustainability. Exactly what they will be, we are not certain at the time of going to press. We believe that there is a place, even a demand for our contribution and we are committed to both maintaining its standard and improving its accessibility. Comments and advice from within and outside of our community are welcome and we remain appreciative, as always, of the immense contribution of our international review board members and our supportive and innovative publisher. So, to the contributors to our current volume. Once again, we would point with some pride to the range of articles and topics provided. Together, they provide an interesting and relevant overview of some pertinent current issues in sport and physical education, addressed from the perspectives of different areas across the globe. Firstly, Pill and Agnew provide an update to current pedagogical practices in physical education and sport, through their scoping review of findings related to the use of small-sided games in teaching and coaching. They provide an overview of the empirical research, available between 2006 and 2016, and conclude that the strategy provides a useful means of achieving a number of specific objectives. From Belgium, Van Gestel explores the recent development of elite Thai boxing in that country. He draws on Elias’ (1986) notion of ‘sportization’ which describes the processes by which various play like activities have become transformed into modern sport. Thai boxing provides an interesting example as one of a number of high-risk combat sports, which inhabit an ambiguous area between the international sports community and more marginalised combat activities which can be brutal in nature. Van Gestel expertly draws out some of the complexities involved in concluding that the sport has experienced some of the processes of sportization, but in this particular case they have been ‘slight’ in impact rather than full-blown. Abdolmaleki, Heidari, Zakizadeh XXABSTRACT De Bosscher look at a topic of considerable contemporary interest – the management of a high-performance sport system. In this case their example is the Iranian national system and their focus is on the management of some of the resources involved. Given that the key to success in high performance sport systems would appear to lie in the ability to access and implement some of the latest and most effective technological information intellectual capital would seem to be a critical component of the total value of a competitive high performance sport system Using a model developed by a Swedish capital services company Skandia to model intangible assets in a service based organisation, Abdolmaleki and his associates have argued for the contribution of human, relational and structural capital to provide an understanding of the current place of intellectual capital in the operations of the Iranian Ministry of Sport and Youth. An understanding of the factors contributing to the development of these assets, contributes to the successful operation of any organisation in such a highly competitive and fast changing environment. Finally, from Singapore, Chung, Sufri and Wang report on some of the exciting developments in school based physical education that have occurred over the last decade. In particular they identify the increase in the placement of qualified physical education teachers as indicative of the progress that has been made. They draw on Foucault’s strategy of ‘archaeological analysis’ for an explanation of how these developments came to be successfully put in place. Their arguments strongly reinforce the importance of understanding the social and political context in order to achieve successful innovation and development. May I commend the work of our colleagues to you and wish you all the best in the attempt to achieve greater clarity of vision for 2020!

Special Care NoticeThis article discusses trauma and violence inflicted upon the Indigenous peoples of Tasmania through the processes of colonisation. Content within this article may be distressing to some readers. IntroductionThis article looks briefly at the collection, consultation, and digital sharing of stories essential to the histories of the First Nations peoples of Australia. Focusing on materials held in Sydney, New South Wales two case studies—the object known as the Proclamation Board and the George Augustus Robinson Papers—explore how materials can be shared with Aboriginal peoples of the region now known as Tasmania. Specifically, the authors of this article (a Palawa man and an Australian woman of European descent) ask how can the idea of the privileging of Indigenous voices, within Eurocentric cultural collections, be transformed from rhetoric to reality? Moreover, how can we navigate this complex work, that is made even more problematic by distance, through the utilisation of knowledge networks which are geographically isolated from the collections holding stories crucial to Indigenous communities? In seeking to answer these important questions, this article looks at how cultural, emotional, and intellectual ownership can be divested from the physical ownership of a collection in a way that repatriates—appropriately and sensitively—stories of Aboriginal Australia and of colonisation. Holding Stories, Not Always Our OwnCultural institutions, including libraries, have, in recent years, been drawn into discussions centred on the notion of digital disruption and “that transformative shift which has seen the ongoing realignment of business resources, relationships, knowledge, and value both facilitating the entry of previously impossible ideas and accelerating the competitive impact of those same impossible ideas” (Franks and Ensor n.p.). As Molly Brown has noted, librarians “are faced, on a daily basis, with rapidly changing technology and the ways in which our patrons access and use information. Thus, we need to look at disruptive technologies as opportunities” (n.p.). Some innovations, including the transition from card catalogues to online catalogues and the provision of a wide range of electronic resources, are now considered to be business as usual for most institutions. So, too, the digitisation of great swathes of materials to facilitate access to collections onsite and online, with digitising primary sources seen as an intermediary between the pillars of preserving these materials and facilitating access for those who cannot, for a variety of logistical and personal reasons, travel to a particular repository where a collection is held.The result has been the development of hybrid collections: that is, collections that can be accessed in both physical and digital formats. Yet, the digitisation processes conducted by memory institutions is often selective. Limited resources, even for large-scale digitisation projects usually only realise outcomes that focus on making visually rich, key, or canonical documents, or those documents that are considered high use and at risk, available online. Such materials are extracted from the larger full body of records while other lesser-known components are often omitted. Digitisation projects therefore tend to be devised for a broader audience where contextual questions are less central to the methodology in favour of presenting notable or famous documents online only. Documents can be profiled as an exhibition separate from their complete collection and, critically, their wider context. Libraries of course are not neutral spaces and this practice of (re)enforcing the canon through digitisation is a challenge that cultural institutions, in partnerships, need to address (Franks and Ensor n.p.). Indeed, our digital collections are as affected by power relationships and the ongoing impacts of colonisation as our physical collections. These power relationships can be seen through an organisation’s “processes that support acquisitions, as purchases and as the acceptance of artefacts offered as donations. Throughout such processes decisions are continually made (consciously and unconsciously) that affect what is presented and actively promoted as the official history” (Thorpe et al. 8). While it is important to acknowledge what we do collect, it is equally important to look, too, at what we do not collect and to consider how we continually privilege and exclude stories. Especially when these stories are not always our own, but are held, often as accidents of collecting. For example, an item comes in as part of a larger suite of materials while older, city-based institutions often pre-date regional repositories. An essential point here is that cultural institutions can often become comfortable in what they collect, building on existing holdings. This, in turn, can lead to comfortable digitisation. If we are to be truly disruptive, we need to embrace feeling uncomfortable in what we do, and we need to view digitisation as an intervention opportunity; a chance to challenge what we ‘know’ about our collections. This is especially relevant in any attempts to decolonise collections.Case Study One: The Proclamation BoardThe first case study looks at an example of re-digitisation. One of the seven Proclamation Boards known to survive in a public collection is held by the Mitchell Library, State Library of New South Wales, having been purchased from Tasmanian collector and photographer John Watt Beattie (1859–1930) in May 1919 for £30 (Morris 86). Why, with so much material to digitise—working in a program of limited funds and time—would the Library return to an object that has already been privileged? Unanswered questions and advances in digitisation technologies, created a unique opportunity. For the First Peoples of Van Diemen’s Land (now known as Tasmania), colonisation by the British in 1803 was “an emotionally, intellectually, physically, and spiritually confronting series of encounters” (Franks n.p.). Violent incidents became routine and were followed by a full-scale conflict, often referred to as the Black War (Clements 1), or more recently as the Tasmanian War, fought from the 1820s until 1832. Image 1: Governor Arthur’s Proclamation to the Aborigines, ca. 1828–1830. Image Credit: Mitchell Library, State Library of New South Wales, Call No.: SAFE / R 247.Behind the British combatants were various support staff, including administrators and propagandists. One of the efforts by the belligerents, behind the front line, to win the war and bring about peace was the production of approximately 100 Proclamation Boards. These four-strip pictograms were the result of a scheme introduced by Lieutenant Governor George Arthur (1784–1854), on the advice of Surveyor General George Frankland (1800–38), to communicate that all are equal under the rule of law (Arthur 1). Frankland wrote to Arthur in early 1829 to suggest these Proclamation Boards could be produced and nailed to trees (Morris 84), as a Eurocentric adaptation of a traditional method of communication used by Indigenous peoples who left images on the trunks of trees. The overtly stated purpose of the Boards was, like the printed proclamations exhorting peace, to assert, all people—black and white—were equal. That “British Justice would protect” everyone (Morris 84). The first strip on each of these pictogram Boards presents Indigenous peoples and colonists living peacefully together. The second strip shows “a conciliatory handshake between the British governor and an Aboriginal ‘chief’, highly reminiscent of images found in North America on treaty medals and anti-slavery tokens” (Darian-Smith and Edmonds 4). The third and fourth strips depict the repercussions for committing murder (or, indeed, any significant crime), with an Indigenous man hanged for spearing a colonist and a European man hanged for shooting an Aboriginal man. Both men executed in the presence of the Lieutenant Governor. The Boards, oil on Huon pine, were painted by “convict artists incarcerated in the island penal colony” (Carroll 73).The Board at the State Library of New South Wales was digitised quite early on in the Library’s digitisation program, it has been routinely exhibited (including for the Library’s centenary in 2010) and is written about regularly. Yet, many questions about this small piece of timber remain unanswered. For example, some Boards were outlined with sketches and some were outlined with pouncing, “a technique [of the Italian Renaissance] of pricking the contours of a drawing with a pin. Charcoal was then dusted on to the drawing” (Carroll 75–76). Could such a sketch or example of pouncing be seen beneath the surface layers of paint on this particular Board? What might be revealed by examining the Board more closely and looking at this object in different ways?An important, but unexpected, discovery was that while most of the pigments in the painting correlate with those commonly available to artists in the early nineteenth century there is one outstanding anomaly. X-ray analysis revealed cadmium yellow present in several places across the painting, including the dresses of the little girls in strip one, uniform details in strip two, and the trousers worn by the settler men in strips three and four (Kahabka 2). This is an extraordinary discovery, as cadmium yellows were available “commercially as an artist pigment in England by 1846” and were shown by “Winsor & Newton at the 1851 Exhibition held at the Crystal Palace, London” (Fiedler and Bayard 68). The availability of this particular type of yellow in the early 1850s could set a new marker for the earliest possible date for the manufacture of this Board, long-assumed to be 1828–30. Further, the early manufacture of cadmium yellow saw the pigment in short supply and a very expensive option when compared with other pigments such as chrome yellow (the darker yellow, seen in the grid lines that separate the scenes in the painting). This presents a clearly uncomfortable truth in relation to an object so heavily researched and so significant to a well-regarded collection that aims to document much of Australia’s colonial history. Is it possible, for example, the Board has been subjected to overpainting at a later date? Or, was this premium paint used to produce a display Board that was sent, by the Tasmanian Government, to the 1866 Intercolonial Exhibition in Melbourne? In seeking to see the finer details of the painting through re-digitisation, the results were much richer than anticipated. The sketch outlines are clearly visible in the new high-resolution files. There are, too, details unable to be seen clearly with the naked eye, including this warrior’s headdress and ceremonial scarring on his stomach, scars that tell stories “of pain, endurance, identity, status, beauty, courage, sorrow or grief” (Australian Museum n.p.). The image of this man has been duplicated and distributed since the 1830s, an anonymous figure deployed to tell a settler-centric story of the Black, or Tasmanian, War. This man can now be seen, for the first time nine decades later, to wear his own story. We do not know his name, but he is no longer completely anonymous. This image is now, in some ways, a portrait. The State Library of New South Wales acknowledges this object is part of an important chapter in the Tasmanian story and, though two Boards are in collections in Tasmania (the Tasmanian Museum and Art Gallery, Hobart and the Queen Victoria Museum and Art Gallery, Launceston), each Board is different. The Library holds an important piece of a large and complex puzzle and has a moral obligation to make this information available beyond its metropolitan location. Digitisation, in this case re-digitisation, is allowing for the disruption of this story in sparking new questions around provenance and for the relocating of a Palawa warrior to a more prominent, perhaps even equal role, within a colonial narrative. Image 2: Detail, Governor Arthur’s Proclamation to the Aborigines, ca. 1828–1830. Image Credit: Mitchell Library, State Library of New South Wales, Call No.: SAFE / R 247.Case Study Two: The George Augustus Robinson PapersThe second case study focuses on the work being led by the Indigenous Engagement Branch at the State Library of New South Wales on the George Augustus Robinson (1791–1866) Papers. In 1829, Robinson was granted a government post in Van Diemen’s Land to ‘conciliate’ with the Palawa peoples. More accurately, Robinson’s core task was dispossession and the systematic disconnection of the Palawa peoples from their Country, community, and culture. Robinson was a habitual diarist and notetaker documenting much of his own life as well as the lives of those around him, including First Nations peoples. His extensive suite of papers represents a familiar and peculiar kind of discomfort for Aboriginal Australians, one in which they are forced to learn about themselves through the eyes and words of their oppressors. For many First Nations peoples of Tasmania, Robinson remains a violent and terrible figure, but his observations of Palawa culture and language are as vital as they are problematic. Importantly, his papers include vibrant and utterly unique descriptions of people, place, flora and fauna, and language, as well as illustrations revealing insights into the routines of daily life (even as those routines were being systematically dismantled by colonial authorities). “Robinson’s records have informed much of the revitalisation of Tasmanian Aboriginal culture in the twentieth century and continue to provide the basis for investigations of identity and deep relationships to land by Aboriginal scholars” (Lehman n.p.). These observations and snippets of lived culture are of immense value to Palawa peoples today but the act of reading between Robinson’s assumptions and beyond his entrenched colonial views is difficult work.Image 3: George Augustus Robinson Papers, 1829–34. Image Credit: Mitchell Library, State Library of New South Wales, A 7023–A 7031.The canonical reference for Robinson’s archive is Friendly Mission: The Tasmanian Journals and Papers of George Augustus Robinson, 1829–1834, edited by N.J.B. Plomley. The volume of over 1,000 pages was first published in 1966. This large-scale project is recognised “as a monumental work of Tasmanian history” (Crane ix). Yet, this standard text (relied upon by Indigenous and non-Indigenous researchers) has clearly not reproduced a significant percentage of Robinson’s Tasmanian manuscripts. Through his presumptuous truncations Plomley has not simply edited Robinson’s work but has, quite literally, written many Palawa stories out of this colonial narrative. It is this lack of agency in determining what should be left out that is most troubling, and reflects an all-too-familiar approach which libraries, including the State Library of New South Wales, are now urgently trying to rectify. Plomley’s preface and introduction does not indicate large tranches of information are missing. Indeed, Plomley specifies “that in extenso [in full] reproduction was necessary” (4) and omissions “have been kept to a minimum” (8). A 32-page supplement was published in 1971. A new edition, including the supplement, some corrections made by Plomley, and some extra material was released in 2008. But much continues to be unknown outside of academic circles, and far too few Palawa Elders and language revival workers have had access to Robinson’s original unfiltered observations. Indeed, Plomley’s text is linear and neat when compared to the often-chaotic writings of Robinson. Digitisation cannot address matters of the materiality of the archive, but such projects do offer opportunities for access to information in its original form, unedited, and unmediated.Extensive consultation with communities in Tasmania is underpinning the digitisation and re-description of a collection which has long been assumed—through partial digitisation, microfilming, and Plomley’s text—to be readily available and wholly understood. Central to this project is not just challenging the canonical status of Plomley’s work but directly challenging the idea non-Aboriginal experts can truly understand the cultural or linguistic context of the information recorded in Robinson’s journals. One of the more exciting outcomes, so far, has been working with Palawa peoples to explore the possibility of Palawa-led transcriptions and translation, and not breaking up the tasks of this work and distributing them to consultants or to non-Indigenous student groups. In this way, people are being meaningfully reunited with their own histories and, crucially, given first right to contextualise and understand these histories. Again, digitisation and disruption can be seen here as allies with the facilitation of accessibility to an archive in ways that re-distribute the traditional power relations around interpreting and telling stories held within colonial-rich collections.Image 4: Detail, George Augustus Robinson Papers, 1829–34. Image Credit: Mitchell Library, State Library of New South Wales, A 7023–A 7031.As has been so brilliantly illustrated by Bruce Pascoe’s recent work Dark Emu (2014), when Aboriginal peoples are given the opportunity to interpret their own culture from the colonial records without interference, they are able to see strength and sophistication rather than victimhood. For, to “understand how the Europeans’ assumptions selectively filtered the information brought to them by the early explorers is to see how we came to have the history of the country we accept today” (4). Far from decrying these early colonial records Aboriginal peoples understand their vital importance in connecting to a culture which was dismantled and destroyed, but importantly it is known that far too much is lost in translation when Aboriginal Australians are not the ones undertaking the translating. ConclusionFor Aboriginal Australians, culture and knowledge is no longer always anchored to Country. These histories, once so firmly connected to communities through their ancestral lands and languages, have been dispersed across the continent and around the world. Many important stories—of family history, language, and ways of life—are held in cultural institutions and understanding the role of responsibly disseminating these collections through digitisation is paramount. In transitioning from physical collections to hybrid collections of the physical and digital, the digitisation processes conducted by memory institutions can be—and due to the size of some collections is inevitably—selective. Limited resources, even for large-scale and well-resourced digitisation projects usually realise outcomes that focus on making visually rich, key, or canonical documents, or those documents considered high use or at risk, available online. Such materials are extracted from a full body of records. Digitisation projects, as noted, tend to be devised for a broader audience where contextual questions are less central to the methodology in favour of presenting notable documents online, separate from their complete collection and, critically, their context. Our institutions carry the weight of past collecting strategies and, today, the pressure of digitisation strategies as well. Contemporary librarians should not be gatekeepers, but rather key holders. In collaborating across sectors and with communities we open doors for education, research, and the repatriation of culture and knowledge. We must, always, remember to open these doors wide: the call of Aboriginal Australians of ‘nothing about us without us’ is not an invitation to collaboration but an imperative. Libraries—as well as galleries, archives, and museums—cannot tell these stories alone. Also, these two case studies highlight what we believe to be one of the biggest mistakes that not just libraries but all cultural institutions are vulnerable to making, the assumption that just because a collection is open access it is also accessible. Digitisation projects are more valuable when communicated, contextualised and—essentially—the result of community consultation. Such work can, for some, be uncomfortable while for others it offers opportunities to embrace disruption and, by extension, opportunities to decolonise collections. For First Nations peoples this work can be more powerful than any simple measurement tool can record. Through examining our past collecting, deliberate efforts to consult, and through digital sharing projects across metropolitan and regional Australia, we can make meaningful differences to the ways in which Aboriginal Australians can, again, own their histories.Acknowledgements The authors acknowledge the Palawa peoples: the traditional custodians of the lands known today as Tasmania. The authors acknowledge, too, the Gadigal people upon whose lands this article was researched and written. We are indebted to Dana Kahabka (Conservator), Joy Lai (Imaging Specialist), Richard Neville (Mitchell Librarian), and Marika Duczynski (Project Officer) at the State Library of New South Wales. Sincere thanks are also given to Jason Ensor of Western Sydney University.ReferencesArthur, George. “Proclamation.” The Hobart Town Courier 19 Apr. 1828: 1.———. Proclamation to the Aborigines. Graphic Materials. Sydney: Mitchell Library, State Library of New South Wales, SAFE R / 247, ca. 1828–1830.Australian Museum. “Aboriginal Scarification.” 2018. 11 Jan. 2019 <https://australianmuseum.net.au/about/history/exhibitions/body-art/aboriginal-scarification/>.Brown, Molly. “Disruptive Technology: A Good Thing for Our Libraries?” International Librarians Network (2016). 26 Aug. 2018 <https://interlibnet.org/2016/11/25/disruptive-technology-a-good-thing-for-our-libraries/>.Carroll, Khadija von Zinnenburg. Art in the Time of Colony: Empires and the Making of the Modern World, 1650–2000. Farnham, UK: Ashgate Publishing, 2014.Clements, Nicholas. The Black War: Fear, Sex and Resistance in Tasmania. St Lucia, U of Queensland P, 2014.Crane, Ralph. “Introduction.” Friendly Mission: The Tasmanian Journals and Papers of George Augustus Robinson, 1829-1834. 2nd ed. Launceston and Hobart: Queen Victoria Museum and Art Gallery, and Quintus Publishing, 2008. ix.Darian-Smith, Kate, and Penelope Edmonds. “Conciliation on Colonial Frontiers.” Conciliation on Colonial Frontiers: Conflict, Performance and Commemoration in Australia and the Pacific Rim. Eds. Kate Darian-Smith and Penelope Edmonds. New York: Routledge, 2015. 1–14.Edmonds, Penelope. “‘Failing in Every Endeavour to Conciliate’: Governor Arthur’s Proclamation Boards to the Aborigines, Australian Conciliation Narratives and Their Transnational Connections.” Journal of Australian Studies 35.2 (2011): 201–18.Fiedler, Inge, and Michael A. Bayard. Artist Pigments, a Handbook of Their History and Characteristics. Ed. Robert L. Feller. Cambridge: Cambridge UP, 1986. 65–108. Franks, Rachel. “A True Crime Tale: Re-Imagining Governor Arthur’s Proclamation Board for the Tasmanian Aborigines.” M/C Journal 18.6 (2015). 1 Feb. 2019 <http://journal.media-culture.org.au/index.php/mcjournal/article/view/1036>.Franks, Rachel, and Jason Ensor. “Challenging the Canon: Collaboration, Digitisation and Education.” ALIA Online: A Conference of the Australian Library and Information Association, 11–15 Feb. 2019, Sydney.Kahabka, Dana. Condition Assessment [Governor Arthur’s Proclamation to the Aborigines, ca. 1828–1830, SAFE / R247]. Sydney: State Library of New South Wales, 2017.Lehman, Greg. “Pleading Robinson: Reviews of Friendly Mission: The Tasmanian Journals and Papers of George Augustus Robinson (2008) and Reading Robinson: Companion Essays to Friendly Mission (2008).” Australian Humanities Review 49 (2010). 1 May 2019 <http://press-files.anu.edu.au/downloads/press/p41961/html/review-12.xhtml?referer=1294&page=15>. 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At the start of the twentieth century, many young Australian artists travelled abroad to expand their art education and to gain exposure to the modern art movements of Europe. Most of these artists were active members of artist associations such as the Victorian Artists Society or the New South Wales Society of Artists. Male artists from Victoria were generally also members of the Melbourne Savage Club, a club with a strong association with the arts.This paper investigates the dual function of the club, as a space where the artists felt “at home” in the familiar environment that the club offered whilst they were abroad and, at the same time, a meeting space where they could engage in a stimulating artistic environment and gain introductions to leading figures in the art world. For those artists who chose England, London’s arts clubs played a large role, for it was in these establishments that they discussed, exhibited, shared, and met with their English counterparts. The club environment in London would have a significant impact on male Australian artists, as it offered a space where they were integrated into the English art world, which enhanced their experience whilst abroad.Artists were seldom members of Australia’s early gentlemen’s clubs, however, in the late nineteenth century Melbourne, artists formed less formal social groupings with exotic names such as the Prehistoric Order of Cannibals, the Buonarotti Club, and the Ishmael Club (Mead). Melbourne artists congregated in these clubs until the Melbourne Savage Club, modelled on the London Savage Club (1857)—a club whose membership was restricted to practitioners in the performing and visual arts—opened its doors in 1894.The Melbourne Savage Club had its origins in the Metropolitan Music Club, established in the late 1880s by a group of professional and amateur musicians and music lovers. The club initially admitted musicians and people from the dramatic professions free-of-charge, however, author Randolph Bedford (1868–1941) and artist Alf Vincent (1874–1915) were not content to be treated on a different basis to the musicians and actors, and two months after Vincent joined the club, at a Special General Meeting, the club resolved to vary Rule 6, “to admit landscape or portrait painters and sculptors without entrance fee” (Melbourne Savage Club). At another Special General Meeting, a year later, the rule was altered to admit “recognised members of the musical, dramatic and artistic professions and sculptors without payment of entrance fee” (Melbourne Savage Club).This resulted in an immediate influx of prominent Victorian male artists (Williams) and the Melbourne Savage Club became their place of choice to gather and enjoy the fellowship the club offered and to share ideas in a convivial atmosphere. When the opportunity arose for them to travel to London in the early twentieth century, they met in London’s famous art clubs. Membership of the Melbourne Savage Club not only conferred rights to visit reciprocal clubs whilst in London, but also facilitated introductions to potential patrons. The London clubs were the venue of choice for visiting artists to meet their fellow artist expatriates and to share experiences and, importantly, to meet with their British counterparts, exhibit their works, and establish valuable contacts.The London Savage Club attracted many Australian expatriates. Not only is it the grandfather of London’s bohemian clubs but also it was the model for arts clubs the world over. Founded in 1857, the qualification for admission was (and still is) to be, “a working man in literature or art, and a good fellow” (Halliday vii). If a candidate met these requirements, he would be cordially received “come whence he may.” This was embodied in the club’s first rules which required applicants for membership to be from a restricted range of pursuits relating to the arts thought to be commensurate with its bohemian ideals, namely art, literature, drama, or music.The second London arts club that attracted expatriate Australian artists was the New English Arts Club, founded in 1886 by young English artists returning from studying art in Paris. Members of The New English Arts Club were influenced by the Impressionist style as opposed to the academic art shown at the Royal Academy. As a meeting place for Australia’s expatriate artists, the New English Arts Club had a particular influence, as it exposed them to significant early Modern artist members such as John Singer Sargent (1856–1925), Walter Sickert (1860–1942), William Orpen (1878–1931) and Augustus John (1878–1961) (Corbett and Perry; Thornton; Melbourne Savage Club).The third, and arguably the most popular with the expatriate Australian artists’ club, was the Chelsea Arts Club, a bohemian club formed in 1891 by local working artists looking for a place to go to “meet, talk, eat and drink” (Cross).Apart from the American-born founding member, James McNeill Whistler (1834–1903), amongst the biggest Chelsea names at the time of the influx of travelling young Australian artists were modernists Sir William Orpen, Augustus John, and John Sargent. The opportunity to mix with these leading British contemporary artists was irresistible to these antipodean artists (55).When Melbourne artist, Miles Evergood (1871–1939) arrived in London from America in 1910, he had been an active exhibiting member of the Salmagundi Club, a New York artists’ club. Almost immediately he joined the New English Arts Club and the Chelsea Arts Club. Hammer tells of him associating with “writer Israel Zangwill, sculptor Jacob Epstein, and anti-academic artists including Walter Sickert, Augustus John, John Lavery, John Singer Sargent and C.R.W. Nevison, who challenged art values in Britain at the beginning of the century” (Hammer 41).Arthur Streeton (1867–1943) used the Chelsea Arts Club as his postal address, as did many expatriate artists. The Melbourne Savage Club archives contain letters and greetings, with news from abroad, written from artist members back to their “Brother Savages” (Various).In late 1902, Streeton wrote to fellow artist and Savage Club member Tom Roberts (1856–1931) from London:I belong to the Chelsea Arts Club now, & meet the artists – MacKennel says it’s about the most artistic club (speaking in the real sense) in England. … They all seem to be here – McKennal, Longstaff, Mahony, Fullwood, Norman, Minns, Fox, Plataganet Tudor St. George Tucker, Quinn, Coates, Bunny, Alston, K, Sonny Pole, other minor lights and your old friend and admirer Smike – within 100 yards of here – there must be 30 different studios. (Streeton 94)Whilst some of the artists whom Streeton mentioned were studying at either the Royal Academy or the Slade School, it was the clubs like the Chelsea Arts Club where they were most likely to encounter fellow Australian artists. Tom Roberts was obviously attentive to Streeton’s enthusiastic account and, when he returned to London the following year to work on his commission for The Big Picture of the 1901 opening of the first Commonwealth Parliament, he soon joined. Roberts, through his expansive personality, became particularly active in London’s Australian expatriate artistic community and later became Vice-President of the Chelsea Arts Club. Along with Streeton and Roberts, other visiting Melbourne Savage Club artists joined the Chelsea Arts Club. They included, John Longstaff (1861–1941), James Quinn (1869–1951), George Coates (1869–1930), and Will Dyson (1880–1938), along with Sydney artists Henry Fullwood (1863–1930), George Lambert (1873–1930), and Will Ashton (1881–1963) (Croll 95). Smith describes the exodus to London and Paris: “It was the Chelsea Arts Club that the Heidelberg School established its last and least distinguished camp” (Smith, Smith and Heathcote 152).Streeton, who retained his Chelsea Arts Club membership when he returned for a while to Australia, wrote to Roberts in 1907, “I miss Chelsea & the Club-boys” (Streeton 107). In relation to Frederick McCubbin’s pending visit he wrote: “Prof McCubbin left here a week ago by German ‘Prinz Heinrich.’ … You’ll introduce him at the Chelsea Club and I hope they make him an Hon. Member, etc” (Streeton et al. 85). McCubbin wrote, after an evening at the Chelsea Arts Club, following a visit to the Royal Academy: “Tonight, I am dining with Australian artists in Soho, and shall be there to greet my old friends. How glad I am! Longstaff will be there, and Frank Stuart, Roberts, Fullwood, Pontin, Coates, Quinn, and Tucker’s brother, and many others from all around” (MacDonald, McCubbin and McCubbin 75). Impressed by the work of Turner he wrote to his wife Annie, following avisit to the Tate Gallery:I went yesterday with Fullwood and G. Coates and Tom Roberts for a ramble … to the Tate Gallery – a beautiful freestone building facing the river through a portico into the gallery where the lately found turners are exhibited – these are not like the greater number of pictures in the National Gallery – they represent his different periods, but are mostly in his latest style, when he had realised the quality of light (McCubbin).Clearly Turner’s paintings had a profound impression on him. In the same letter he wrote:they are mostly unfinished but they are divine – such dreams of colour – a dozen of them are like pearls … mist and cloud and sea and land, drenched in light … They glow with tender brilliancy that radiates from these canvases – how he loved the dazzling brilliancy of morning or evening – these gems with their opal colour – you feel how he gloried in these tender visions of light and air. He worked from darkness into light.The Chelsea Arts Club also served as a venue for artists to entertain and host distinguished visitors from home. These guests included; Melbourne Savage Club artist member Alf Vincent (Joske 112), National Gallery of Victoria (NGV) Trustee and popular patron of the arts, Professor Baldwin Spencer (1860–1929), Professor Frederick S. Delmer (1864–1931) and conductor George Marshall-Hall (1862–1915) (Mulvaney and Calaby 329; Streeton 111).Artist Miles Evergood arrived in London in 1910, and visited the Chelsea Arts Club. He mentions expatriate Australian artists gathering at the Club, including Will Dyson, Fred Leist (1873–1945), David Davies (1864–1939), Will Ashton (1881–1963), and Henry Fullwood (Hammer 41).Most of the Melbourne Savage Club artist members were active in the London Savage Club. On one occasion, in November 1908, Roberts, with fellow artist MacKennal in the Chair, attended the Australian Artists’ Dinner held there. This event attracted twenty-five expatriate Australian artists, all residing in London at the time (McQueen 532).These London arts clubs had a significant influence on the expatriate Australian artists for they became the “glue” that held them together whilst abroad. Although some artists travelled abroad specifically to take up places at the Royal Academy School or the Slade School, only a minority of artists arriving in London from Australia and other British colonies were offered positions at these prestigious schools. Many artists travelled to “try their luck.” The arts clubs of London, whilst similarly discerning in their membership criteria, generally offered a visiting “brother-of-the-brush” a warm welcome as a professional courtesy. They featured the familiar rollicking all-male “Smoke Nights” a feature of the Melbourne Savage Club. With a greater “artist” membership than the clubs in Australia, expatriate artists were not only able to catch up with their friends from Australia, but also they could associate with England’s finest and most progressive artists in a familiar congenial environment. The clubs were a “home away from home” and described by Underhill as, “an artistic Earl’s Court” (Underhill 99). Most importantly, the clubs were a centre for discourse, arguably even more so than were the teaching academies. Britain’s leading modernist artists were members of the Chelsea Arts Club and the New English Arts Club and mixed freely with the visiting Australian artists.Many Australian artists, such as Miles Evergood and George Bell (1878–1966), held anti-academic views similar to English club members and embraced the new artistic trends, which they would bring back to Australia. Streeton had no illusions about the relative worth of the famed institutions and the exhibitions held by clubs such as the New English. Writing to Roberts before he joins him in London, he describes the Royal Academy as having, “an inartistic atmosphere” and claims he “hasn’t the least desire to go again” (Streeton 77). His preference lay with a concurrent “International Exhibition”, which featured works by Rodin, Whistler, Condor, Degas, and others who were setting the pace rather than merely continuing the academic traditions.Architect Hardy Wilson (1881–1955) served as secretary of The Chelsea Arts Club. When he returned to Australia he brought back with him a number of British works by Streeton and Lambert for an exhibition at the Guild Hall Melbourne (Underhill 92). Artists and Bohemians, a history of the Chelsea Arts Club, makes special reference of its world-wide contacts and singles out many of its prominent Australian members for specific mention including; Sir John William (Will) Ashton OBE, later Director of the Art Gallery of New South Wales, and Will Dyson, whose illustrious career as an Australian war artist was described in some detail. Dyson’s popularity led to his later appointment as Chairman of the Chelsea Arts Club where he initiated an ambitious rebuilding program, improving staff accommodation, refurbishing the members’ areas, and adding five bedrooms for visiting members (Bross 87-90).Whilst the influence of travel abroad on Australian artists has been noted, the importance of the London Clubs has not been fully explored. These clubs offered artists a space where they felt “at home” and a familiar environment whilst they were abroad. The clubs functioned as a meeting space where they could engage in a stimulating artistic environment and gain introductions to leading figures in the art world. For those artists who chose England, London’s arts clubs played a large role, for it was in these establishments that they discussed, exhibited, shared, and met with their English counterparts. The club environment in London had a significant impact on male Australian artists as it offered a space where they were integrated into the English art world which enhanced their experience whilst abroad and influenced the direction of their art.ReferencesCorbett, David Peters, and Lara Perry, eds. English Art, 1860–1914: Modern Artists and Identity. Manchester: Manchester University Press, 2000.Croll, Robert Henderson. Tom Roberts: Father of Australian Landscape Painting. Melbourne: Robertson & Mullens, 1935.Cross, Tom. Artists and Bohemians: 100 Years with the Chelsea Arts Club. 1992. 1st ed. London: Quiller Press, 1992.Gray, Anne, and National Gallery of Australia. McCubbin: Last Impressions 1907–17. 1st ed. Parkes, A.C.T.: National Gallery of Australia, 2009.Halliday, Andrew, ed. The Savage Papers. 1867. 1st ed. London: Tinsley Brothers, 1867.Hammer, Gael. Miles Evergood: No End of Passion. Willoughby, NSW: Phillip Mathews, 2013.Joske, Prue. Debonair Jack: A Biography of Sir John Longstaff. 1st ed. Melbourne: Claremont Publishing, 1994.MacDonald, James S., Frederick McCubbin, and Alexander McCubbin. The Art of F. McCubbin. Melbourne: Lothian Book Publishing, 1916.McCaughy, Patrick. Strange Country: Why Australian Painting Matters. Ed. Paige Amor. The Miegunyah Press, 2014.McCubbin, Frederick. Papers, Ca. 1900–Ca. 1915. Melbourne.McQueen, Humphrey. Tom Roberts. Sydney: Macmillan, 1996.Mead, Stephen. "Bohemia in Melbourne: An Investigation of the Writer Marcus Clarke and Four Artistic Clubs during the Late 1860s – 1901.” PhD thesis. Melbourne: University of Melbourne, 2009.Melbourne Savage Club. Secretary. Minute Book: Melbourne Savage Club. Club Minutes (General Committee). Melbourne: Savage Archives.Mulvaney, Derek John, and J.H. Calaby. So Much That Is New: Baldwin Spencer, 1860–1929, a Biography. Carlton, Vic.: Melbourne University Press, 1985.Smith, Bernard, Terry Smith, and Christopher Heathcote. Australian Painting, 1788–2000. 4th ed. South Melbourne, Vic.: Oxford University Press, 2001.Streeton, Arthur, et al. Smike to Bulldog: Letters from Sir Arthur Streeton to Tom Roberts. Sydney: Ure Smith, 1946.Streeton, Arthur, ed. Letters from Smike: The Letters of Arthur Streeton, 1890–1943. Melbourne: Oxford University Press, 1989.Thornton, Alfred, and New English Art Club. Fifty Years of the New English Art Club, 1886–1935. London: New English Art Club, Curwen Press 1935.Underhill, Nancy D.H. Making Australian Art 1916–49: Sydney Ure Smith Patron and Publisher. South Melbourne: Oxford University Press, 1991.Various. Melbourne Savage Club Correspondence Book: 1902–1916. Melbourne: Melbourne Savage Club.Williams, Graeme Henry. "A Socio-Cultural Reading: The Melbourne Savage Club through Its Collections." Masters of Arts thesis. Melbourne: Deakin University, 2013.

IntroductionAccounts of criminals, their victims, and their pursuers have become entrenched within the sphere of popular culture; most obviously in the genres of true crime and crime fiction. The centrality of the pursuer in the form of the detective, within these stories, dates back to the nineteenth century. This, often highly-stylised and regularly humanised protagonist, is now a firm feature of both factual and fictional accounts of crime narratives that, today, regularly focus on the energies of the detective in solving a variety of cases. So familiar is the figure of the detective, it seems that these men and women—amateurs and professionals—have always had an important role to play in the pursuit and punishment of the wrongdoer. Yet, the first detectives were forced to overcome significant resistance from a suspicious public. Some early efforts to reimagine punishment and to laud the detective include articles written by Charles Dickens; pieces on public hangings and policing that reflect the great Victorian novelist’s commitment to shed light on, through written commentaries, a range of important social issues. This article explores some of Dickens’s lesser-known pieces, that—appearing in daily newspapers and in one of his own publications Household Words—helped to change some common perceptions of punishment and policing. Image 1: Harper's Magazine 7 December 1867 (Charles Dickens Reading, by Charles A. Barry). Image credit: United States Library of Congress Prints and Photographs Division. A Reliance on the Scaffold: Early Law Enforcement in EnglandCrime control in 1720s England was dependent upon an inconsistent, and by extension ineffective, network of constables and night watchmen. It would be almost another three decades before Henry Fielding established the Bow Street Foot Patrol, or Bow Street Runners, in 1749, “six men in blue coats, patrolling the area within six miles of Charing Cross” (Worsley 35). A large-scale, formalised police force was attempted by Pitt the Younger in 1785 with his “Bill for the Further prevention of Crime and for the more Speedy Detection and Punishment of Offenders against the Peace” (Lyman 144). The proposed legislation was withdrawn due to fierce opposition that was underpinned by fears, held by officials, of a divestment of power to a new body of law enforcers (Lyman 144).The type of force offered in 1785 would not be realised until the next century, when the work of Robert Peel saw the passing of the Metropolitan Police Act 1829. The Police Act, which “constituted a revolution in traditional methods of law enforcement” (Lyman 141), was focused on the prevention of crime, “to reassure the lawful and discourage the wrongdoer” (Hitchens 51). Until these changes were implemented violent punishment, through the Waltham Black Act 1723, remained firmly in place (Cruickshanks and Erskine-Hill 359) as part of the state’s arsenal against crime (Pepper 473).The Black Act, legislation often referred to as the ‘Bloody Code’ as it took the number of capital felonies to over 350 (Pepper 473), served in lieu of consistency and cooperation, across the country, in relation to the safekeeping of the citizenry. This situation inevitably led to anxieties about crime and crime control. In 1797 Patrick Colquhoun, a magistrate, published A Treatise on the Police of the Metropolis in which he estimated that, out of a city population of just under 1 million, 115,000 men and women supported themselves “in and near the Metropolis by pursuits either criminal-illegal-or immoral” (Lyman 144). Andrew Pepper highlights tensions between “crime, governance and economics” as well as “rampant petty criminality [… and] widespread political corruption” (474). He also notes a range of critical responses to crime and how, “a particular kind of writing about crime in the 1720s demonstrated, perhaps for the first time, an awareness of, or self-consciousness about, this tension between competing visions of the state and state power” (Pepper 474), a tension that remains visible today in modern works of true crime and crime fiction. In Dickens’s day, crime and its consequences were serious legal, moral, and social issues (as, indeed, they are today). An increase in the crime rate, an aggressive state, the lack of formal policing, the growth of the printing industry, and writers offering diverse opinions—from the sympathetic to the retributive—on crime changed crime writing. The public wanted to know about the criminal who had disturbed society and wanted to engage with opinions on how the criminal should be stopped and punished. The public also wanted to be updated on changes to the judicial system such as the passing of the Judgement of Death Act 1823 which drastically reduced the number of capital crimes (Worsley 122) and how the Gaols Act, also of 1823, “moved tentatively towards national prison reform” (Gattrell 579). Crimes continued to be committed and alongside the wrongdoers were readers that wanted to be diverted from everyday events by, but also had a genuine need to be informed about, crime. A demand for true crime tales demonstrating a broader social need for crimes, even the most minor infractions, to be publicly punished: first on the scaffold and then in print. Some cases were presented as sensationalised true crime tales; others would be fictionalised in short stories and novels. Standing Witness: Dickens at the ScaffoldIt is interesting to note that Dickens witnessed at least four executions in his lifetime (Simpson 126). The first was the hanging of a counterfeiter, more specifically a coiner, which in the 1800s was still a form of high treason. The last person executed for coining in England was in early 1829; as Dickens arrived in London at the end of 1822, aged just 10-years-old (Simpson 126-27) he would have been a boy when he joined the crowds around the scaffold. Many journalists and writers who have documented executions have been “criticised for using this spectacle as a source for generating sensational copy” (Simpson 127). Dickens also wrote about public hangings. His most significant commentaries on the issue being two sets of letters: one set published in The Daily News (1846) and a second set published in The Times (1849) (Brandwood 3). Yet, he was immune from the criticism directed at so many other writers, in large part, due to his reputation as a liberal, “social reformer moved by compassion, but also by an antipathy toward waste, bureaucratic incompetence, and above all toward exploitation and injustice” (Simpson 127). As Anthony Simpson points out, Dickens did not sympathise with the condemned: “He wrote as a realist and not a moralist and his lack of sympathy for the criminal was clear, explicit and stated often” (128). Simpson also notes that Dickens’s letters on execution written in 1846 were “strongly supportive of total abolition” while later letters, written in 1849, presented arguments against public executions rather than the practice of execution. In 1859 Dickens argued against pardoning a poisoner. While in 1864 he supported the execution of the railway carriage murderer Franz Müller, explaining he would be glad to abolish both public executions and capital punishment, “if I knew what to do with the Savages of civilisation. As I do not, I would rid Society of them, when they shed blood, in a very solemn manner” (in Simpson 138-39) that is, executions should proceed but should take place in private.Importantly, Dickens was consistently concerned about society’s fascination with the scaffold. In his second letter to The Daily News, Dickens asks: round what other punishment does the like interest gather? We read of the trials of persons who have rendered themselves liable to transportation for life, and we read of their sentences, and, in some few notorious instances, of their departure from this country, and arrival beyond the sea; but they are never followed into their cells, and tracked from day to day, and night to night; they are never reproduced in their false letters, flippant conversations, theological disquisitions with visitors, lay and clerical […]. They are tried, found guilty, punished; and there an end. (“To the Editors of The Daily News” 6)In this passage, Dickens describes an overt curiosity with those criminals destined for the most awful of punishments. A curiosity that was put on vile display when a mob gathered on the concourse to watch a hanging; a sight which Dickens readily admitted “made [his] blood run cold” (“Letter to the Editor” 4).Dickens’s novels are grand stories, many of which feature criminals and criminal sub-plots. There are, for example, numerous criminals, including the infamous Fagin in Oliver Twist; or, The Parish Boy’s Progress (1838); several rioters are condemned to hang in Barnaby Rudge: A Tale of the Riots of Eighty (1841); there is murder in The Life and Adventures of Martin Chuzzlewit (1844); and murder, too, in Bleak House (1853). Yet, Dickens never wavered in his revulsion for the public display of the execution as revealed in his “refusal to portray the scene at the scaffold [which] was principled and heartfelt. He came, reluctantly to support capital punishment, but he would never use its application for dramatic effect” (Simpson 141).The Police Detective: A Public Relations ExerciseBy the mid-1700s the crime story was one of “sin to crime and then the gallows” (Rawlings online): “Crimes of every defcription (sic) have their origin in the vicious and immoral habits of the people” (Colquhoun 32). As Philip Rawlings notes, “once sin had been embarked upon, capture and punishment followed” (online). The origins of this can be found in the formula relied upon by Samuel Smith in the seventeenth century. Smith was the Ordinary of Newgate, or prison chaplain (1676–1698), who published Accounts of criminals and their gruesome ends. The outputs swelled the ranks of the already burgeoning market of broadsides, handbills and pamphlets. Accounts included: 1) the sermon delivered as the prisoner awaited execution; 2) a brief overview of the crimes for which the prisoner was being punished; and 3) a reporting of the events that surrounded the execution (Gladfelder 52–53), including the prisoner’s behaviour upon the scaffold and any last words spoken. For modern readers, the detective and the investigation is conspicuously absent. These popular Accounts (1676–1772)—over 400 editions offering over 2,500 criminal biographies—were only a few pence a copy. With print runs in the thousands, the Ordinary earnt up to £200 per year for his efforts (Emsley, Hitchcock, and Shoemaker online). For:penitence and profit made comfortable bedfellows, ensuring true crime writing became a firm feature of the business of publishing. That victims and villains suffered was regrettable but no horror was so terrible anyone forgot there was money to be made. (Franks, “Stealing Stories” 7)As the changes brought about by the Industrial Revolution were having their full impact, many were looking for answers, and certainty, in a period of radical social transformation. Sin as a central motif in crime stories was insufficient: the detective was becoming essential (Franks, “True Crime” 239). “In the nineteenth century, the role of the newly-fashioned detective as an agent of consolation or security is both commercially and ideologically central to the subsequent project of popular crime writing” (Bell 8). This was supported by an “increasing professionalism and proficiency of policemen, detectives, and prosecutors, new understandings about psychology, and advances in forensic science and detection techniques” (Murley 10). Elements now included in most crime narratives. Dickens insisted that the detective was a crucial component of the justice system—a figure to be celebrated, one to take centre stage in the crime story—reflecting his staunch support “of the London Metropolitan Police” (Simpson 140). Indeed, while Dickens is known principally for exposing wretched poverty, he was also interested in a range of legal issues as can be evinced from his writings for Household Words. Image 2: Household Words 27 July 1850 (Front Page). Image credit: Dickens Journals Online. W.H. Wills argued for the acceptance of the superiority of the detective when, in 1850, he outlined the “difference between a regular and a detective policeman” (368). The detective must, he wrote: “counteract every sort of rascal whose only means of existence it avowed rascality, but to clear up mysteries, the investigation of which demands the utmost delicacy and tact” (368). The detective is also extraordinarily efficient; cases are solved quickly, in one example a matter is settled in just “ten minutes” (369).Dickens’s pro-police pieces, included a blatantly promotional, two-part work “A Detective Police Party” (1850). The narrative begins with open criticism of the Bow Street Runners contrasting these “men of very indifferent character” to the Detective Force which is “so well chosen and trained, proceeds so systematically and quietly, does its business in such a workman-like manner, and is always so calmly and steadily engaged in the service of the public” (“Police Party, Part I” 409). The “party” is just that: a gathering of detectives and editorial staff. Men in a “magnificent chamber”, seated at “a round table […] with some glasses and cigars arranged upon it; and the editorial sofa elegantly hemmed in between that stately piece of furniture and the wall” (“Police Party, Part I” 409). Two inspectors and five sergeants are present. Each man prepared to share some of their experiences in the service of Londoners:they are, [Dickens tells us] one and all, respectable-looking men; of perfectly good deportment and unusual intelligence; with nothing lounging or slinking in their manners; with an air of keen observation, and quick perception when addressed; and generally presenting in their faces, traces more or less marked of habitually leading lives of strong mental excitement. (“Police Party, Part I” 410) Dickens goes to great lengths to reinforce the superiority of the police detective. These men, “in a glance, immediately takes an inventory of the furniture and an accurate sketch of the editorial presence” and speak “very concisely, and in well-chosen language” and who present as an “amicable brotherhood” (“Police Party, Part I” 410). They are also adaptable and constantly working to refine their craft, through apeculiar ability, always sharpening and being improved by practice, and always adapting itself to every variety of circumstances, and opposing itself to every new device that perverted ingenuity can invent, for which this important social branch of the public service is remarkable! (“Police Party, Part II” 459)These detectives are also, in some ways, familiar. Dickens’s offerings include: a “shrewd, hard-headed Scotchman – in appearance not at all unlike a very acute, thoroughly-trained schoolmaster”; a man “with a ruddy face and a high sun-burnt forehead, [who] has the air of one who has been a Sergeant in the army” (“Police Party, Part I” 409-10); and another man who slips easily into the role of the “greasy, sleepy, shy, good-natured, chuckle-headed, un-suspicious, and confiding young butcher” (“Police Party, Part II” 457). These descriptions are more than just attempts to flesh out a story; words on a page reminding us that the author is not just another journalist but one of the great voices of the Victorian era. These profiles are, it is argued here, a deliberate strategy to reassure readers.In summary, police detectives are only to be feared by those residing on the wrong side of the law. For those without criminal intent; detectives are, in some ways, like us. They are people we already know and trust. The stern but well-meaning, intelligent school teacher; the brave and loyal soldier defending the Empire; and the local merchant, a person we see every day. Dickens provides, too, concrete examples for how everyone can contribute to a safer society by assisting these detectives. This, is perfect public relations. Thus, almost singlehandedly, he builds a professional profile for a new type of police officer. The problem (crime) and its solution (the detective) neatly packaged, with step-by-step instructions for citizens to openly support this new-style of constabulary and so achieve a better, less crime-ridden community. This is a theme pursued in “Three Detective Anecdotes” (1850) where Dickens continued to successfully merge “solid lower-middle-class respectability with an intimate knowledge of the criminal world” (Priestman 177); so, proffering the ideal police detective. A threat to the criminal but not to the hard-working and honest men, women, and children of the city.The Detective: As Fact and as FictionThese writings are also a precursor to one of the greatest fictional detectives of the English-speaking world. Dickens observes that, for these new-style police detectives: “Nothing is so common or deceptive as such appearances at first” (“Police Party, Part I” 410). In 1891, Arthur Conan Doyle would write that: “There is nothing so deceptive as an obvious fact” (78). Dickens had prepared readers for the consulting detective Sherlock Holmes: who was smarter, more observant and who had more determination to take on criminals than the average person. The readers of Dickens were, in many respects, positioned as prototypes of Dr John Watson: a hardworking, loyal Englishman. Smart. But not as smart as those who would seek to do harm. Watson needed Holmes to make the world a better place; the subscriber to Household Words needed the police detective.Another article, “On Duty with Inspector Field” (1851), profiled the “well-known hand” responsible for bringing numerous offenders to justice and sending them, “inexorably, to New South Wales” (Dickens 266). Critically this true crime narrative would be converted into a crime fiction story as Inspector Field is transformed (it is widely believed) into the imagined Inspector Bucket. The 1860s have been identified as “a period of awakening for the detective novel” (Ashley x), a predictor of which is the significant sub-plot of murder in Dickens’s Bleak House. In this novel, a murder is committed with the case taken on, and competently solved by, Bucket who is a man of “skill and integrity” a man presented as an “ideal servant” though one working for a “flawed legal system” (Walton 458). Mr Snagsby, of Bleak House, observes Bucket as a man whoseems in some indefinable manner to lurk and lounge; also, that whenever he is going to turn to the right or left, he pretends to have a fixed purpose in his mind of going straight ahead, and wheels off, sharply at the very last moment [… He] notices things in general, with a face as unchanging as the great mourning ring on his little finger, or the brooch, composed of not much diamond and a good deal of setting, which he wears in his shirt. (278) This passage, it is argued here, places Bucket alongside the men at the detective police party in Household Words. He is simultaneously superhuman in mind and manner, though rather ordinary in dress. Like the real-life detectives of Dickens’s articles; he is a man committed to keeping the city safe while posing no threat to law-abiding citizens. ConclusionThis article has explored, briefly, the contributions of the highly-regarded Victorian author, Charles Dickens, to factual and fictional crime writing. The story of Dickens as a social commentator is one that is familiar to many; what is less well-known is the connection of Dickens to important conversations around capital punishment and the rise of the detective in crime-focused narratives; particularly how he assisted in building the professional profile of the police detective. In this way, through fact and fiction, Dickens performed great (if under-acknowledged) public services around punishment and law enforcement: he contributed to debates on the death penalty and he helped to build trust in the radical social project that established modern-day policing.AcknowledgementsThe author offers her sincere thanks to the New South Wales Dickens Society, Simon Dwyer, and Peter Kirkpatrick. The author is also grateful to the reviewers of this article for their thoughtful comments and valuable suggestions. ReferencesAshley, Mike. “Introduction: Seeking the Evidence.” The Notting Hill Mystery. Author. Charles Warren Adams. London: The British Library, 2012. xxi-iv. Bell, Ian A. “Eighteenth-Century Crime Writing.” The Cambridge Companion to Crime Fiction. Ed. Martin Priestman. Cambridge: Cambridge UP, 2003/2006. 7-17.Brandwood, Katherine. “The Dark and Dreadful Interest”: Charles Dickens, Public Death and the Amusements of the People. MA Thesis. Washington, DC: Georgetown University, 2013. 19 Feb. 2017 <https://repository.library.georgetown.edu/bitstream/handle/10822/558266/Brandwood_georgetown_0076M_12287.pdf;sequence=1>.Collins, Philip. Dickens and Crime. London: Macmillan & Co, 1964.Cruickshanks, Eveline, and Howard Erskine-Hill. “The Waltham Black Act and Jacobitism.” Journal of British Studies 24.3 (1985): 358-65.Dickens, Charles. Oliver Twist; or, The Parish Boy’s Progress. London: Richard Bentley,1838.———. Barnaby Rudge: A Tale of the Riots of Eighty. London: Chapman & Hall, 1841. ———. The Life and Adventures of Martin Chuzzlewit. London: Chapman & Hall, 1844.———. “To the Editors of The Daily News.” The Daily News 28 Feb. 1846: 6. (Reprinted in Antony E. Simpson. Witnesses to the Scaffold. Lambertville: True Bill P, 2008. 141–149.)———. “Letter to the Editor.” The Times 14 Nov. 1849: 4. (Reprinted in Antony E. Simpson. Witnesses to the Scaffold. Lambertville: True Bill P, 2008. 149-51.)———. “A Detective Police Party, Part I.” Household Words 1.18 (1850): 409-14.———. “A Detective Police Party, Part II.” Household Words 1.20 (1850): 457-60.———. “Three Detective Anecdotes.” Household Words 1.25 (1850): 577-80.———. “On Duty with Inspector Field.” Household Words 3.64 (1851): 265-70.———. Bleak House. London: Bradbury and Evans, 1853/n.d.Doyle, Arthur Conan. “The Boscombe Valley Mystery.” The Adventures of Sherlock Holmes. London: Penguin, 1892/1981. 74–99.Emsley, Clive, Tim Hitchcock, and Robert Shoemaker. “The Proceedings: Ordinary of Newgate’s Accounts.” Old Bailey Proceedings Online, n.d. 4 Feb. 2017 <https://www.oldbaileyonline.org/static/Ordinarys-accounts.jsp>. Franks, Rachel. “True Crime: The Regular Reinvention of a Genre.” Journal of Asia-Pacific Pop Culture 1.2 (2016): 239-54. ———. “Stealing Stories: Punishment, Profit and the Ordinary of Newgate.” Refereed Proceedings of the 21st Conference of the Australasian Association of Writing Programs: Authorised Theft. Eds. Niloofar Fanaiyan, Rachel Franks, and Jessica Seymour. 2016. 1-11. 20 Mar. 2017 <http://www.aawp.org.au/publications/the-authorised-theft-papers/>.Gatrell, V.A.C. The Hanging Tree: Execution and the English People, 1770-1868. Oxford: Oxford UP, 1996.Gladfelder, Hal. Criminality and Narrative in Eighteenth-Century England. Baltimore: Johns Hopkins UP, 2001.Hitchens, Peter. A Brief History of Crime: The Decline of Order, Justice and Liberty in England. London: Atlantic Books, 2003.Lyman, J.L. “The Metropolitan Police Act of 1829.” Journal of Criminal Law, Criminology and Police Science 55.1 (1964): 141-54.Murley, Jean. The Rise of True Crime: 20th Century Murder and American Popular Culture. Westport: Praeger, 2008.Pepper, Andrew. “Early Crime Writing and the State: Jonathan Wilde, Daniel Defoe and Bernard Mandeville in 1720s London.” Textual Practice 25.3 (2011): 473-91. Priestman, Martin. “Post-War British Crime Fiction.” The Cambridge Companion to Crime Fiction. Ed. Martin Priestman. Cambridge: Cambridge UP, 2003. 173-89.Rawlings, Philip. “True Crime.” The British Criminology Conferences: Selected Proceedings, Volume 1: Emerging Themes in Criminology. Eds. Jon Vagg and Tim Newburn. London: British Society of Criminology (1998). 4 Feb. 2017 <http://www.britsoccrim.org/volume1/010.pdf>.Simpson, Antony E. Witnesses to the Scaffold: English Literary Figures as Observers of Public Executions. Lambertville: True Bill P, 2008.Walton, James. “Conrad, Dickens, and the Detective Novel.” Nineteenth-Century Fiction 23.4 (1969): 446-62.Wills, William Henry. “The Modern Science of Thief-Taking.” Household Words 1.16 (1850): 368-72.Worsley, Lucy. A Very British Murder: The Curious Story of How Crime Was Turned into Art. London: BBC Books, 2013/2014.

IntroductionCulinary education in Ireland has long been influenced by culinary education being delivered in catering colleges in the United Kingdom (UK). Institutionalised culinary education started in Britain through the sponsorship of guild conglomerates (Lawson and Silver). The City & Guilds of London Institute for the Advancement of Technical Education opened its central institution in 1884. Culinary education in Ireland began in Kevin Street Technical School in the late 1880s. This consisted of evening courses in plain cookery. Dublin’s leading chefs and waiters of the time participated in developing courses in French culinary classics and these courses ran in Parnell Square Vocational School from 1926 (Mac Con Iomaire “The Changing”). St Mary’s College of Domestic Science was purpose built and opened in 1941 in Cathal Brugha Street. This was renamed the Dublin College of Catering in the 1950s. The Council for Education, Recruitment and Training for the Hotel Industry (CERT) was set up in 1963 and ran cookery courses using the City & Guilds of London examinations as its benchmark. In 1982, when the National Craft Curriculum Certification Board (NCCCB) was established, CERT began carrying out their own examinations. This allowed Irish catering education to set its own standards, establish its own criteria and award its own certificates, roles which were previously carried out by City & Guilds of London (Corr). CERT awarded its first certificates in professional cookery in 1989. The training role of CERT was taken over by Fáilte Ireland, the State tourism board, in 2003. Changing Trends in Cookery and Culinary Textbooks at DIT The Dublin College of Catering which became part of the Dublin Institute of Technology (DIT) is the flagship of catering education in Ireland (Mac Con Iomaire “The Changing”). The first DIT culinary award, was introduced in 1984 Certificate in Diet Cookery, later renamed Higher Certificate in Health and Nutrition for the Culinary Arts. On the 19th of July 1992 the Dublin Institute of Technology Act was enacted into law. This Act enabled DIT to provide vocational and technical education and training for the economic, technological, scientific, commercial, industrial, social and cultural development of the State (Ireland 1992). In 1998, DIT was granted degree awarding powers by the Irish state, enabling it to make major awards at Higher Certificate, Ordinary Bachelor Degree, Honors Bachelor Degree, Masters and PhD levels (Levels six to ten in the National Framework of Qualifications), as well as a range of minor, special purpose and supplemental awards (National NQAI). It was not until 1999, when a primary degree in Culinary Arts was sanctioned by the Department of Education in Ireland (Duff, The Story), that a more diverse range of textbooks was recommended based on a new liberal/vocational educational philosophy. DITs School of Culinary Arts currently offers: Higher Certificates Health and Nutrition for the Culinary Arts; Higher Certificate in Culinary Arts (Professional Culinary Practice); BSc (Ord) in Baking and Pastry Arts Management; BA (Hons) in Culinary Arts; BSc (Hons) Bar Management and Entrepreneurship; BSc (Hons) in Culinary Entrepreneurship; and, MSc in Culinary Innovation and Food Product Development. From 1942 to 1970, haute cuisine, or classical French cuisine was the most influential cooking trend in Irish cuisine and this is reflected in the culinary textbooks of that era. Haute cuisine has been influenced by many influential writers/chefs such as Francois La Varenne, Antoine Carême, Auguste Escoffier, Ferand Point, Paul Bocuse, Anton Mosiman, Albert and Michel Roux to name but a few. The period from 1947 to 1974 can be viewed as a “golden age” of haute cuisine in Ireland, as more award-winning world-class restaurants traded in Dublin during this period than at any other time in history (Mac Con Iomaire “The Changing”). Hotels and restaurants were run in the Escoffier partie system style which is a system of hierarchy among kitchen staff and areas of the kitchens specialising in cooking particular parts of the menu i.e sauces (saucier), fish (poissonnier), larder (garde manger), vegetable (legumier) and pastry (patissier). In the late 1960s, Escoffier-styled restaurants were considered overstaffed and were no longer financially viable. Restaurants began to be run by chef-proprietors, using plate rather than silver service. Nouvelle cuisine began in the 1970s and this became a modern form of haute cuisine (Gillespie). The rise in chef-proprietor run restaurants in Ireland reflected the same characteristics of the nouvelle cuisine movement. Culinary textbooks such as Practical Professional Cookery, La Technique, The Complete Guide to Modern Cooking, The Art of the Garde Mange and Patisserie interpreted nouvelle cuisine techniques and plated dishes. In 1977, the DIT began delivering courses in City & Guilds Advanced Kitchen & Larder 706/3 and Pastry 706/3, the only college in Ireland to do so at the time. Many graduates from these courses became the future Irish culinary lecturers, chef-proprietors, and culinary leaders. The next two decades saw a rise in fusion cooking, nouvelle cuisine, and a return to French classical cooking. Numerous Irish chefs were returning to Ireland having worked with Michelin starred chefs and opening new restaurants in the vein of classical French cooking, such as Kevin Thornton (Wine Epergne & Thorntons). These chefs were, in turn, influencing culinary training in DIT with a return to classical French cooking. New Classical French culinary textbooks such as New Classical Cuisine, The Modern Patisserie, The French Professional Pastry Series and Advanced Practical Cookery were being used in DIT In the last 15 years, science in cooking has become the current trend in culinary education in DIT. This is acknowledged by the increased number of culinary science textbooks and modules in molecular gastronomy offered in DIT. This also coincided with the launch of the BA (Hons) in Culinary Arts in DIT moving culinary education from a technical to a liberal education. Books such as The Science of Cooking, On Food and Cooking, The Fat Duck Cookbook and Modern Gastronomy now appear on recommended textbooks for culinary students.For the purpose of this article, practical classes held at DIT will be broken down as follows: hot kitchen class, larder classes, and pastry classes. These classes had recommended textbooks for each area. These can be broken down into three sections: hot kitche, larder, and pastry. This table identifies that the textbooks used in culinary education at DIT reflected the trends in cookery at the time they were being used. Hot Kitchen Larder Pastry Le Guide Culinaire. 1921. Le Guide Culinaire. 1921. The International Confectioner. 1968. Le Repertoire De La Cuisine. 1914. The Larder Chef, Classical Food Preparation and Presentation. 1969. Patisserie. 1971. All in the Cooking, Books 1&2. 1943 The Art of the Garde Manger. 1973. The Modern Patissier. 1986 Larousse Gastronomique. 1961. New Classic Cuisine. 1989. Professional French Pastry Series. 1987. Practical Cookery. 1962. The Curious Cook. 1990. Complete Pastrywork Techniques. 1991. Practical Professional Cookery. 1972. On Food and Cooking. The Science and Lore of the Kitchen. 1991. On Food and Cooking: The Science and Lore of the Kitchen. 1991 La Technique. 1976. Advanced Practical Cookery. 1995. Desserts: A Lifelong Passion. 1994. Escoffier: The Complete Guide to the Art of Modern Cookery. 1979. The Science of Cooking. 2000. Culinary Artistry. Dornenburg, 1996. Professional Cookery: The Process Approach. 1985. Garde Manger, The Art and Craft of the Cold Kitchen. 2004. Grande Finales: The Art of the Plated Dessert. 1997. On Food and Cooking: The Science and Lore of the Kitchen. 1991. The Science of Cooking. 2000. Fat Duck Cookbook. 2009. Modern Gastronomy. 2010. Tab.1. DIT Culinary Textbooks.1942–1960 During the first half of the 20th century, senior staff working in Dublin hotels, restaurants and clubs were predominately foreign born and trained. The two decades following World War II could be viewed as the “golden age” of haute cuisine in Dublin as many award-wining restaurants traded in the city at this time (Mac Con Iomaire “The Emergence”). Culinary education in DIT in 1942 saw the use of Escoffier’s Le Guide Culinaire as the defining textbook (Bowe). This was first published in 1903 and translated into English in 1907. In 1979 Cracknell and Kaufmann published a more comprehensive and update edited version under the title The Complete Guide to the Art of Modern Cookery by Escoffier for use in culinary colleges. This demonstrated that Escoffier’s work had withstood the test of the decades and was still relevant. Le Repertoire de La Cuisine by Louis Saulnier, a student of Escoffier, presented the fundamentals of French classical cookery. Le Repertoire was inspired by the work of Escoffier and contains thousands of classical recipes presented in a brief format that can be clearly understood by chefs and cooks. Le Repertoire remains an important part of any DIT culinary student’s textbook list. All in the Cooking by Josephine Marnell, Nora Breathnach, Ann Mairtin and Mor Murnaghan (1946) was one of the first cookbooks to be published in Ireland (Cashmann). This book was a domestic science cooking book written by lecturers in the Cathal Brugha Street College. There is a combination of classical French recipes and Irish recipes throughout the book. 1960s It was not until the 1960s that reference book Larousse Gastronomique and new textbooks such as Practical Cookery, The Larder Chef and International Confectionary made their way into DIT culinary education. These books still focused on classical French cooking but used lighter sauces and reflected more modern cooking equipment and techniques. Also, this period was the first time that specific books for larder and pastry work were introduced into the DIT culinary education system (Bowe). Larousse Gastronomique, which used Le Guide Culinaire as a basis (James), was first published in 1938 and translated into English in 1961. Practical Cookery, which is still used in DIT culinary education, is now in its 12th edition. Each edition has built on the previous, however, there is now criticism that some of the content is dated (Richards). Practical Cookery has established itself as a key textbook in culinary education both in Ireland and England. Practical Cookery recipes were laid out in easy to follow steps and food commodities were discussed briefly. The Larder Chef was first published in 1969 and is currently in its 4th edition. This book focuses on classical French larder techniques, butchery and fishmongery but recognises current trends and fashions in food presentation. The International Confectioner is no longer in print but is still used as a reference for basic recipes in pastry classes (Campbell). The Modern Patissier demonstrated more updated techniques and methods than were used in The International Confectioner. The Modern Patissier is still used as a reference book in DIT. 1970s The 1970s saw the decline in haute cuisine in Ireland, as it was in the process of being replaced by nouvelle cuisine. Irish chefs were being influenced by the works of chefs such as Paul Boucuse, Roger Verge, Michel Guerard, Raymond Olivier, Jean & Pierre Troisgros, Alain Senderens, Jacques Maniere, Jean Delaveine and Michel Guerard who advanced the uncomplicated natural presentation in food. Henri Gault claims that it was his manifesto published in October 1973 in Gault-Millau magazine which unleashed the movement called La Nouvelle Cuisine Française (Gault). In nouvelle cuisine, dishes in Carème and Escoffier’s style were rejected as over-rich and complicated. The principles underpinning this new movement focused on the freshness of ingredients, and lightness and harmony in all components and accompaniments, as well as basic and simple cooking methods and types of presentation. This was not, however, a complete overthrowing of the past, but a moving forward in the long-term process of cuisine development, utilising the very best from each evolution (Cousins). Books such as Practical Professional Cookery, The Art of the Garde Manger and Patisserie reflected this new lighter approach to cookery. Patisserie was first published in 1971, is now in its second edition, and continues to be used in DIT culinary education. This book became an essential textbook in pastrywork, and covers the entire syllabus of City & Guilds and CERT (now Fáilte Ireland). Patisserie covered all basic pastry recipes and techniques, while the second edition (in 1993) included new modern recipes, modern pastry equipment, commodities, and food hygiene regulations reflecting the changing catering environment. The Art of the Garde Manger is an American book highlighting the artistry, creativity, and cooking sensitivity need to be a successful Garde Manger (the larder chef who prepares cold preparation in a partie system kitchen). It reflected the dynamic changes occurring in the culinary world but recognised the importance of understanding basic French culinary principles. It is no longer used in DIT culinary education. La Technique is a guide to classical French preparation (Escoffier’s methods and techniques) using detailed pictures and notes. This book remains a very useful guide and reference for culinary students. Practical Professional Cookery also became an important textbook as it was written with the student and chef/lecturer in mind, as it provides a wider range of recipes and detailed information to assist in understanding the tasks at hand. It is based on classical French cooking and compliments Practical Cookery as a textbook, however, its recipes are for ten portions as opposed to four portions in Practical Cookery. Again this book was written with the City & Guilds examinations in mind. 1980s During the mid-1980s, many young Irish chefs and waiters emigrated. They returned in the late-1980s and early-1990s having gained vast experience of nouvelle and fusion cuisine in London, Paris, New York, California and elsewhere (Mac Con Iomaire, “The Changing”). These energetic, well-trained professionals began opening chef-proprietor restaurants around Dublin, providing invaluable training and positions for up-and-coming young chefs, waiters and culinary college graduates. The 1980s saw a return to French classical cookery textbook such as Professional Cookery: The Process Approach, New Classic Cuisine and the Professional French Pastry series, because educators saw the need for students to learn the basics of French cookery. Professional Cookery: The Process Approach was written by Daniel Stevenson who was, at the time, a senior lecturer in Food and Beverage Operations at Oxford Polytechnic in England. Again, this book was written for students with an emphasis on the cookery techniques and the practices of professional cookery. The Complete Guide to Modern Cooking by Escoffier continued to be used. This book is used by cooks and chefs as a reference for ingredients in dishes rather than a recipe book, as it does not go into detail in the methods as it is assumed the cook/chef would have the required experience to know the method of production. Le Guide Culinaire was only used on advanced City & Guilds courses in DIT during this decade (Bowe). New Classic Cuisine by the classically French trained chefs, Albert and Michel Roux (Gayot), is a classical French cuisine cookbook used as a reference by DIT culinary educators at the time because of the influence the Roux brothers were having over the English fine dining scene. The Professional French Pastry Series is a range of four volumes of pastry books: Vol. 1 Doughs, Batters and Meringues; Vol. 2 Creams, Confections and Finished Desserts; Vol. 3 Petit Four, Chocolate, Frozen Desserts and Sugar Work; and Vol. 4 Decorations, Borders and Letters, Marzipan, Modern Desserts. These books about classical French pastry making were used on the advanced pastry courses at DIT as learners needed a basic knowledge of pastry making to use them. 1990s Ireland in the late 1990s became a very prosperous and thriving European nation; the phenomena that became known as the “celtic tiger” was in full swing (Mac Con Iomaire “The Changing”). The Irish dining public were being treated to a resurgence of traditional Irish cuisine using fresh wholesome food (Hughes). The Irish population was considered more well-educated and well travelled than previous generations and culinary students were now becoming interested in the science of cooking. In 1996, the BA (Hons) in Culinary Arts program at DIT was first mooted (Hegarty). Finally, in 1999, a primary degree in Culinary Arts was sanctioned by the Department of Education underpinned by a new liberal/vocational philosophy in education (Duff). Teaching culinary arts in the past had been through a vocational education focus whereby students were taught skills for industry which were narrow, restrictive, and constraining, without the necessary knowledge to articulate the acquired skill. The reading list for culinary students reflected this new liberal education in culinary arts as Harold McGee’s books The Curious Cook and On Food and Cooking: The Science and Lore of the Kitchen explored and explained the science of cooking. On Food and Cooking: The Science and Lore of the Kitchen proposed that “science can make cooking more interesting by connecting it with the basic workings of the natural world” (Vega 373). Advanced Practical Cookery was written for City & Guilds students. In DIT this book was used by advanced culinary students sitting Fáilte Ireland examinations, and the second year of the new BA (Hons) in Culinary Arts. Culinary Artistry encouraged chefs to explore the creative process of culinary composition as it explored the intersection of food, imagination, and taste (Dornenburg). This book encouraged chefs to develop their own style of cuisine using fresh seasonal ingredients, and was used for advanced students but is no longer a set text. Chefs were being encouraged to show their artistic traits, and none more so than pastry chefs. Grande Finale: The Art of Plated Desserts encouraged advanced students to identify different “schools” of pastry in relation to the world of art and design. The concept of the recipes used in this book were built on the original spectacular pieces montées created by Antoine Carême. 2000–2013 After nouvelle cuisine, recent developments have included interest in various fusion cuisines, such as Asia-Pacific, and in molecular gastronomy. Molecular gastronomists strive to find perfect recipes using scientific methods of investigation (Blanck). Hervè This experimentation with recipes and his introduction to Nicholos Kurti led them to create a food discipline they called “molecular gastronomy”. In 1998, a number of creative chefs began experimenting with the incorporation of ingredients and techniques normally used in mass food production in order to arrive at previously unattainable culinary creations. This “new cooking” (Vega 373) required a knowledge of chemical reactions and physico-chemical phenomena in relation to food, as well as specialist tools, which were created by these early explorers. It has been suggested that molecular gastronomy is “science-based cooking” (Vega 375) and that this concept refers to conscious application of the principles and tools from food science and other disciplines for the development of new dishes particularly in the context of classical cuisine (Vega). The Science of Cooking assists students in understanding the chemistry and physics of cooking. This book takes traditional French techniques and recipes and refutes some of the claims and methods used in traditional recipes. Garde Manger: The Art and Craft of the Cold Kitchen is used for the advanced larder modules at DIT. This book builds on basic skills in the Larder Chef book. Molecular gastronomy as a subject area was developed in 2009 in DIT, the first of its kind in Ireland. The Fat Duck Cookbook and Modern Gastronomy underpin the theoretical aspects of the module. This module is taught to 4th year BA (Hons) in Culinary Arts students who already have three years experience in culinary education and the culinary industry, and also to MSc Culinary Innovation and Food Product Development students. Conclusion Escoffier, the master of French classical cuisine, still influences culinary textbooks to this day. His basic approach to cooking is considered essential to teaching culinary students, allowing them to embrace the core skills and competencies required to work in the professional environment. Teaching of culinary arts at DIT has moved vocational education to a more liberal basis, and it is imperative that the chosen textbooks reflect this development. This liberal education gives the students a broader understanding of cooking, hospitality management, food science, gastronomy, health and safety, oenology, and food product development. To date there is no practical culinary textbook written specifically for Irish culinary education, particularly within this new liberal/vocational paradigm. There is clearly a need for a new textbook which combines the best of Escoffier’s classical French techniques with the more modern molecular gastronomy techniques popularised by Ferran Adria. References Adria, Ferran. Modern Gastronomy A to Z: A Scientific and Gastronomic Lexicon. London: CRC P, 2010. Barker, William. The Modern Patissier. London: Hutchinson, 1974. Barham, Peter. The Science of Cooking. Berlin: Springer-Verlag, 2000. 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Advanced Practical Cookery. London: Hodder & Stoughton Educational, 1995. Corr, Frank. Hotels in Ireland. Dublin: Jemma, 1987. Cousins, John, Kevin Gorman, and Marc Stierand. "Molecular Gastronomy: Cuisine Innovation or Modern Day Alchemy?" International Journal of Hospitality Management 22.3 (2009): 399–415. Cracknell, Harry Louis, and Ronald Kaufmann. Practical Professional Cookery. London: MacMillan, 1972. Cracknell, Harry Louis, and Ronald Kaufmann. Escoffier: The Complete Guide to the Art of Modern Cookery. New York: John Wiley, 1979. Dornenburg, Andrew, and Karen Page. Culinary Artistry. New York: John Wiley, 1996. Duff, Tom, Joseph Hegarty, and Matt Hussey. The Story of the Dublin Institute of Technology. Dublin: Blackhall, 2000. Escoffier, Auguste. Le Guide Culinaire. France: Flammarion, 1921. Escoffier, Auguste. The Complete Guide to the Art of Modern Cookery. Ed. Crachnell, Harry, and Ronald Kaufmann. New York: John Wiley, 1986. Gault, Henri. 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In the 1960s, especially in the West, art that was revelatory and art that was revealing operated at opposite ends of the aesthetic spectrum. On the side of the revelatory we can think of encounters synonymous with modernism, in which an expressionist painting was revelatory of the Freudian unconscious, or a Barnett Newman the revelatory intensity of the sublime. By contrast, the impulse to reveal in 1960s art was rooted in post-Duchampian practice, implicating artists as different as Lynda Benglis and Richard Hamilton, who mined the potential of an art that was without essence. If revelatory art underscored modernism’s transcendental conviction, critically revealing work tested its discursive rules and institutional conventions. Of course, nothing in history happens as neatly as this suggests, but what is clear is how polarized the language of artistic revelation was throughout the 1960s. With the international spread of minimalism, pop art, and fluxus, provisional reveals eventually dominated art-historical discourse. Aesthetic conviction, with its spiritual undertones, was haunted by its demystification. In the words of Donald Judd: “a work needs only to be interesting” (184).That art galleries could be sites of timely socio-political issues, rather than timeless intuitions undersigned by medium specificity, is one of the more familiar origin stories of postmodernism. Few artists symbolize this shift more than Hans Haacke, whose 2019 exhibition All Connected, at the New Museum, New York, examined the legacy of his outward-looking work. Born in Germany in 1936, and a New Yorker since 1965, Haacke has been linked to the term “institutional critique” since the mid 1980s, after Mel Ramsden’s coining in 1975, and the increased recognition of kindred spirits such as Mierle Laderman Ukeles, Michael Asher, Martha Rosler, Robert Smithson, Daniel Buren, and Marcel Broodthaers. These artists have featured in books and essays by the likes of Benjamin Buchloh, Hal Foster, and Yve-Alain Bois, but they are also known for their own contributions to art discourse, producing hybrid conceptions of the intellectual postmodern artist as historian, critic and curator.Haacke was initially fascinated by kinetic sculpture in the early 1960s, taking inspiration from op art, systems art, and machine-oriented research collectives such as Zero (Germany), Gruppo N (Italy) and GRAV (France, an acronym of Groupe de Recherche d’Art Visuel). Towards the end of the decade he started to produce more overtly socio-political work, creating what would become a classic piece from this period, Gallery-Goers’ Birthplace and Residence Profile, Part 1 (1969). Here, in a solo exhibition at New York’s Howard Wise Gallery, the artist invited viewers to mark their birthplaces and places of residence on a map. Questioning the statistical demography of the Gallery’s avant-garde attendees, the exhibition anticipated the meticulous sociological character of much of his practice to come, grounding New York art – the centre of the art world – in local, social, and economic fabrics.In the forward to the catalogue of All Connected, New Museum Director Lisa Philips claims that Haacke’s survey exhibition provided a chance to reflect on the artist’s prescience, especially given the flourishing of art activism over the last five or so years. Philips pressed the issue of why no other American art institution had mounted a retrospective of his work in three decades, since his previous survey, Unfinished Business, at the New Museum in 1986, at its former, and much smaller, Soho digs (8). It suggests that other institutions have deemed Haacke’s work too risky, generating too much political heat for them to handle. It’s a reputation the artist has cultivated since the Guggenheim Museum famously cancelled his 1971 exhibition after learning his intended work, Shapolsky et al. Manhattan Real Estate Holdings, A Real Time Social System as of May 1, 1971 (1971) involved research into dubious New York real estate dealings. Guggenheim director Thomas Messer defended the censorship at the time, going so far as to describe it as an “alien substance that had entered the art museum organism” (Haacke, Framing 138). Exposé was this substance Messer dare not name: art that was too revealing, too journalistic, too partisan, and too politically viscid. (Three years later, Haacke got his own back with Solomon R. Guggenheim Museum Board of Trustees, 1974, exposing then Guggenheim board members’ connections to the copper industry in Chile, where socialist president Salvador Allende had just been overthrown with US backing.) All Connected foregrounded these institutional reveals from time past, at a moment in 2019 when the moral accountability of the art institution was on the art world’s collective mind. The exhibition followed high-profile protests at New York’s Whitney Museum and Metropolitan Museum of Art, as well as at Sydney’s Museum of Contemporary Art, the Louvre, and the British Museum. These and other arts organisations have increasingly faced pressures, fostered by social media, to end ties with unethical donors, sponsors, and board members, with activist groups protesting institutional affiliations ranging from immigration detention centre management to opioid and teargas manufacturing. An awareness of the limits of individual agency and autonomy undoubtedly defines this era, with social media platforms intensifying the encumbrances of individual, group, and organisational identities. Hans Haacke, Gallery-Goers’ Birthplace and Residence Profile, Part 1, 1969 Hans Haacke, Gallery-Goers’ Birthplace and Residence Profile, Part 2, 1969-71Unfinished BusinessUnderscoring Haacke’s activist credentials, Philips describes him as “a model of how to live ethically and empathetically in the world today”, and as a beacon of light amidst the “extreme political and economic uncertainty” of the present, Trump-presidency-calamity moment (7). This was markedly different to how Haacke’s previous New York retrospective, Unfinished Business, was received, which bore the weight of being the artist’s first museum exhibition in New York following the Guggenheim controversy. In the catalogue to Haacke’s 1986 exhibition, then New Museum director Marcia Tucker introduced his work as a challenge, cautiously claiming that he poses “trenchant questions” and that the institution accepts “the difficulties and contradictions” inherent to any museum staging of his work (6).Philips’s and Tucker’s distinct perspectives on Haacke’s practice – one as heroically ethical, the other as a sobering critical challenge – exemplify broader shifts in the perception of institutional critique (the art of the socio-political reveal) over this thirty-year period. In the words of Pamela M. Lee, between 1986 and 2019 the art world has undergone a “seismic transformation”, becoming “a sphere of influence at once more rapacious, acquisitive, and overweening but arguably more democratizing and ecumenical with respect to new audiences and artists involved” (87). Haacke’s reputation over this period has taken a similar shift, from him being a controversial opponent of art’s autonomy (an erudite postmodern conceptualist) to a figurehead for moral integrity and cohesive artistic experimentation.As Rosalyn Deutsche pointed out in the catalogue to Haacke’s 1986 exhibition, a potential trap of such a retrospective is that, through biographical positioning, Haacke might be seen as an “exemplary political artist” (210). With this, the specific political issues motivating his work would be overshadowed by the perception of the “great artist” – someone who brings single-issue politics into the narrative of postmodern art, but at the expense of the issues themselves. This is exactly what Douglas Crimp discovered in Unfinished Business. In a 1987 reflection on the show, Crimp argued that, when compared with an AIDS-themed display, Homo Video, staged at the New Museum at the same time, reviewers of Haacke’s exhibition tended to analyse his politics “within the context of the individual artist’s body of work … . Political issues became secondary to the aesthetic strategies of the producer” (34). Crimp, whose activism would be at the forefront of his career in subsequent years, was surprised at how Homo Video and Unfinished Business spawned different readings. Whereas works in the former exhibition tended to be addressed in terms of the artists personal and partisan politics, Haacke’s prompted reflection on the aesthetics-politics juxtaposition itself. For Crimp, the fact that “there was no mediation between these two shows”, spoke volumes about the divisions between political and activist art at the time.New York Times critic Michael Brenson, reiterating a comment made by Fredric Jameson in the catalogue for Unfinished Business, describes the timeless appearance of Haacke’s work in 1986, which is “surprising for an artist whose work is in some way about ideology and history” (Brenson). The implication is that the artist gives a surprisingly long aesthetic afterlife to the politically specific – to ordinarily short shelf-life issues. In this mode of critical postmodernism in which we are unable to distinguish clearly between intervening in and merely reproducing the logic of the system, Haacke is seen as an astute director of an albeit ambiguous push and pull between political specificity and aesthetic irreducibility, political externality and the internalist mode of art about art. Jameson, while granting that Haacke’s work highlights the need to reinvent the role of the “ruling class” in the complex, globalised socio-economic situation of postmodernism, claims that it does so as representative of the “new intellectual problematic” of postmodernism. Haacke, according Jameson, stages postmodernism’s “crisis of ‘mapping’” whereby capitalism’s totalizing, systemic forms are “handled” (note that he avoids “critiqued” or “challenged”) by focusing on their manifestation through particular (“micro-public”) institutional means (49, 50).We can think of the above examples as constituting the postmodern version of Haacke, who frames very specific political issues on the one hand, and the limitless incorporative power of appropriative practice on the other. To say this another way, Haacke, circa 1986, points to specific sites of power struggle at the same time as revealing their generic absorption by an art-world system grown accustomed to its “duplicate anything” parameters. For all of his political intent, the artistic realm, totalised in accordance with the postmodern image, is ultimately where many thought his gestures remained. The philosopher turned art critic Arthur Danto, in a negative review of Haacke’s exhibition, portrayed institutional critique as part of an age-old business of purifying art, maintaining that Haacke’s “crude” and “heavy-handed” practice is blind to how art institutions have always relied on some form of critique in order for them to continue being respected “brokers of spirit”. This perception – of Haacke’s “external” critiques merely serving to “internally” strengthen existing art structures – was reiterated by Leo Steinberg. Supportively misconstruing the artist in the exhibition catalogue, Steinberg writes that Haacke’s “political message, by dint of dissonance, becomes grating and shrill – but shrill within the art context. And while its political effectiveness is probably minimal, its effect on Minimal art may well be profound” (15). Hans Haacke, MOMA Poll, 1970 All ConnectedSo, what do we make of the transformed reception of Haacke’s work since the late 1980s: from a postmodern ouroboros of “politicizing aesthetics and aestheticizing politics” to a revelatory exemplar of art’s moral power? At a period in the late 1980s when the culture wars were in full swing and yet activist groups remained on the margins of what would become a “mainstream” art world, Unfinished Business was, perhaps, blindingly relevant to its times. Unusually for a retrospective, it provided little historical distance for its subject, with Haacke becoming a victim of the era’s propensity to “compartmentalize the interpretive registers of inside and outside and the terms corresponding to such spatial­izing coordinates” (Lee 83).If commentary surrounding this 2019 retrospective is anything to go by, politics no longer performs such a parasitic, oppositional or even dialectical relation to art; no longer is the political regarded as a real-world intrusion into the formal, discerning, longue-durée field of aesthetics. The fact that protests inside the museum have become more visible and vociferous in recent years testifies to this shift. For Jason Farrago, in his review of All Connected for the New York Times, “the fact that no person and no artwork stands alone, that all of us are enmeshed in systems of economic and social power, is for anyone under 40 a statement of the obvious”. For Alyssa Battistoni, in Frieze magazine, “if institutional critique is a practice, it is hard to see where it is better embodied than in organizing a union, strike or boycott”.Some responders to All Connected, such as Ben Lewis, acknowledge how difficult it is to extract a single critical or political strategy from Haacke’s body of work; however, we can say that, in general, earlier postmodern questions concerning the aestheticisation of the socio-political reveal no longer dominates the reception of his practice. Today, rather than treating art and politics are two separate but related entities, like form is to content, better ideas circulate, such as those espoused by Bruno Latour and Jacques Rancière, for whom what counts as political is not determined by a specific program, medium or forum, but by the capacity of any actor-network to disrupt and change a normative social fabric. Compare Jameson’s claim that Haacke’s corporate and museological tropes are “dead forms” – through which “no subject-position speaks, not even in protest” (38) – with Battistoni’s, who, seeing Haacke’s activism as implicit, asks the reader: “how can we take the relationship between art and politics as seriously as Haacke has insisted we must?”Crimp’s concern that Unfinished Business perpetuated an image of the artist as distant from the “political stakes” of his work did not carry through to All Connected, whose respondents were less vexed about the relation between art and politics, with many noting its timeliness. The New Museum was, ironically, undergoing its own equity crisis in the months leading up to the exhibition, with newly unionised staff fighting with the Museum over workers’ salaries and healthcare even as it organised to build a new $89-million Rem Koolhaas-designed extension. Battistoni addressed these disputes at-length, claiming the protests “crystallize perfectly the changes that have shaped the world over the half-century of Haacke’s career, and especially over the 33 years since his last New Museum exhibition”. Of note is how little attention Battistoni pays to Haacke’s artistic methods when recounting his assumed solidarity with these disputes, suggesting that works such as Creating Consent (1981), Helmosboro Country (1990), and Standortkultur (Corporate Culture) (1997) – which pivot on art’s public image versus its corporate umbilical cord – do not convey some special aesthetico-political insight into a totalizing capitalist system. Instead, “he has simply been an astute and honest observer long enough to remind us that our current state of affairs has been in formation for decades”.Hans Haacke, News, 1969/2008 Hans Haacke, Wide White Flow, 1967/2008 Showing Systems Early on in the 1960s, Haacke was influenced by the American critic, artist, and curator Jack Burnham, who in a 1968 essay, “Systems Esthetics” for Artforum, inaugurated the loose conceptualist paradigm that would become known as “systems art”. Here, against Greenbergian formalism and what he saw as the “craft fetishism” of modernism, Burnham argues that “change emanates, not from things, but from the way things are done” (30). Burnham thought that emergent contemporary artists were intuitively aware of the importance of the systems approach: the significant artist in 1968 “strives to reduce the technical and psychical distance between his artistic output and the productive means of society”, and pays particular attention to relationships between organic and non-organic systems (31).As Michael Fried observed of minimalism in his now legendary 1967 essay Art and Objecthood, this shift in sixties art – signalled by the widespread interest in the systematic – entailed a turn towards the spatial, institutional, and societal contexts of receivership. For Burnham, art is not about “material entities” that beautify or modify the environment; rather, art exists “in relations between people and between people and the components of their environment” (31). At the forefront of his mind was land art, computer art, and research-driven conceptualist practice, which, against Fried, has “no contrived confines such as the theatre proscenium or picture frame” (32). In a 1969 lecture at the Guggenheim, Burnham confessed that his research concerned not just art as a distinct entity, but aesthetics in its broadest possible sense, declaring “as far as art is concerned, I’m not particularly interested in it. I believe that aesthetics exists in revelation” (Ragain).Working under the aegis of Burnham’s systems art, Haacke was shaken by the tumultuous and televised politics of late-1960s America – a time when, according to Joan Didion, a “demented and seductive vortical tension was building in the community” (41). Haacke cites Martin Luther King’s assassination as an “incident that made me understand that, in addition to what I had called physical and biological systems, there are also social systems and that art is an integral part of the universe of social systems” (Haacke, Conversation 222). Haacke created News (1969) in response to this awareness, comprising a (pre-Twitter) telex machine that endlessly spits out live news updates from wire services, piling up rolls and rolls of paper on the floor of the exhibition space over the course of its display. Echoing Burnham’s idea of the artist as a programmer whose job is to “prepare new codes and analyze data”, News nonetheless presents the museum as anything but immune from politics, and technological systems as anything but impersonal (32).This intensification of social responsibility in Haacke’s work sets him apart from other, arguably more reductive techno-scientific systems artists such as Sonia Sheridan and Les Levine. The gradual transformation of his ecological and quasi-scientific sculptural experiments from 1968 onwards could almost be seen as making a mockery of the anthropocentrism described in Fried’s 1967 critique. Here, Fried claims not only that the literalness of minimalist work amounts to an emphasis on shape and spatial presence over pictorial composition, but also, in this “theatricality of objecthood” literalness paradoxically mirrors (153). At times in Fried’s essay the minimalist art object reads as a mute form of sociality, the spatial presence filled by the conscious experience of looking – the theatrical relationship itself put on view. Fried thought that viewers of minimalism were presented with themselves in relation to the entire world as object, to which they were asked not to respond in an engaged formalist sense but (generically) to react. Pre-empting the rise of conceptual art and the sociological experiments of post-conceptualist practice, Fried, unapprovingly, argues that minimalist artists unleash an anthropomorphism that “must somehow confront the beholder” (154).Haacke, who admits he has “always been sympathetic to so-called Minimal art” (Haacke, A Conversation 26) embraced the human subject around the same time that Fried’s essay was published. While Fried would have viewed this move as further illustrating the minimalist tendency towards anthropomorphic confrontation, it would be more accurate to describe Haacke’s subsequent works as social-environmental barometers. Haacke began staging interactions which, however dry or administrative, framed the interplays of culture and nature, inside and outside, private and public spheres, expanding art’s definition by looking to the social circulation and economy that supported it.Haacke’s approach – which seems largely driven to show, to reveal – anticipates the viewer in a way that Fried would disapprove, for whom absorbed viewers, and the irreduction of gestalt to shape, are the by-products of assessments of aesthetic quality. For Donald Judd, the promotion of interest over conviction signalled scepticism about Clement Greenberg’s quality standards; it was a way of acknowledging the limitations of qualitative judgement, and, perhaps, of knowledge more generally. In this way, minimalism’s aesthetic relations are not framed so much as allowed to “go on and on” – the artists’ doubt about aesthetic value producing this ongoing temporal quality, which conviction supposedly lacks.In contrast to Unfinished Business, the placing of Haacke’s early sixties works adjacent to his later, more political works in All Connected revealed something other than the tensions between postmodern socio-political reveal and modernist-formalist revelation. The question of whether to intervene in an operating system – whether to let such a system go on and on – was raised throughout the exhibition, literally and metaphorically. To be faced with the interactions of physical, biological, and social systems (in Condensation Cube, 1963-67, and Wide White Flow, 1967/2008, but also in later works like MetroMobiltan, 1985) is to be faced with the question of change and one’s place in it. Framing systems in full swing, at their best, Haacke’s kinetic and environmental works suggest two things: 1. That the systems on display will be ongoing if their component parts aren’t altered; and 2. Any alteration will alter the system as a whole, in minor or significant ways. Applied to his practice more generally, what Haacke’s work hinges on is whether or not one perceives oneself as part of its systemic relations. To see oneself implicated is to see beyond the work’s literal forms and representations. Here, systemic imbrication equates to moral realisation: one’s capacity to alter the system as the question of what to do. Unlike the phenomenology-oriented minimalists, the viewer’s participation is not always assumed in Haacke’s work, who follows a more hermeneutic model. In fact, Haacke’s systems are often circular, highlighting participation as a conscious disruption of flow rather than an obligation that emanates from a particular work (148).This is a theatrical scenario as Fried describes it, but it is far from an abandonment of the issue of profound value. In fact, if we accept that Haacke’s work foregrounds intervention as a moral choice, it is closer to Fried’s own rallying cry for conviction in aesthetic judgement. As Rex Butler has argued, Fried’s advocacy of conviction over sceptical interest can be understood as dialectical in the Hegelian sense: conviction is the overcoming of scepticism, in a similar way that Geist, or spirit, for Hegel, is “the very split between subject and object, in which each makes the other possible” (Butler). What is advanced for Fried is the idea of “a scepticism that can be remarked only from the position of conviction and a conviction that can speak of itself only as this scepticism” (for instance, in his attempt to overcome his scepticism of literalist art on the basis of its scepticism). Strong and unequivocal feelings in Fried’s writing are informed by weak and indeterminate feeling, just as moral conviction in Haacke – the feeling that I, the viewer, should do something – emerges from an awareness that the system will continue to function fine without me. In other words, before being read as “a barometer of the changing and charged atmosphere of the public sphere” (Sutton 16), the impact of Haacke’s work depends upon an initial revelation. It is the realisation not just that one is embroiled in a series of “invisible but fundamental” relations greater than oneself, but that, in responding to seemingly sovereign social systems, the question of our involvement is a moral one, a claim for determination founded through an overcoming of the systemic (Fry 31).Haacke’s at once open and closed works suit the logic of our algorithmic age, where viewers have to shift constantly from a position of being targeted to one of finding for oneself. Peculiarly, when Haacke’s online digital polls in All Connected were hacked by activists (who randomized statistical responses in order to compel the Museum “to redress their continuing complacency in capitalism”) the culprits claimed they did it in sympathy with his work, not in spite of it: “we see our work as extending and conversing with Haacke’s, an artist and thinker who has been a source of inspiration to us both” (Hakim). This response – undermining done with veneration – is indicative of the complicated legacy of his work today. Haacke’s influence on artists such as Tania Bruguera, Sam Durant, Forensic Architecture, Laura Poitras, Carsten Höller, and Andrea Fraser has less to do with a particular political ideal than with his unique promotion of journalistic suspicion and moral revelation in forms of systems mapping. It suggests a coda be added to the sentiment of All Connected: all might not be revealed, but how we respond matters. 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New York: Routledge, 2018.Haacke, Hans. Hans Haacke: Framing and Being Framed: 7 Works 1970-5. Halifax: P of the Nova Scotia College of Design and New York: New York UP, 1976.———. “Hans Haacke in Conversation with Gary Carrion-Murayari and Massimiliano Gioni.” Hans Haacke: All Connected. New York: Phaidon and New Museum, 2019.Haacke, Hans, et al. “A Conversation with Hans Haacke.” October 30 (1984).Haacke, Hans, and Brian Wallis (eds.). Hans Haacke: Unfinished Business. New York: New Museum of Contemporary Art; Cambridge, Mass: MIT P, 1986.“Haacke’s ‘All Connected.’” Frieze 25 Oct. 2019. <https://frieze.com/article/after-contract-fight-its-workers-new-museum-opens-hans-haackes-all-connected>.Judd, Donald. “Specific Objects.” Complete Writings 1959–1975. Halifax: P of the Nova Scotia College of Design and New York: New York UP, 1965/1975.Lee, Pamela M. “Unfinished ‘Unfinished Business.’” Hans Haacke: All Connected. New York: Phaidon P Limited and New Museum, 2019.Ragain, Melissa. “Jack Burnham (1931–2019).” Artforum 19 Mar. 2019. <https://www.artforum.com/passages/melissa-ragain-on-jack-burnham-78935>.Sutton, Gloria. “Hans Haacke: Works of Art, 1963–72.” Hans Haacke: All Connected. New York: Phaidon P Limited and New Museum, 2019.Tucker, Marcia. “Director’s Forward.” Hans Haacke: Unfinished Business. New York: New Museum of Contemporary Art; Cambridge, Mass: MIT P, 1986.

IntroductionCirque du Soleil, the largest live entertainment company in the world, has eight standing shows in Las Vegas alone, KÀ, Love, Mystère, Zumanity, Believe, Michael Jackson ONE, Zarkana and O. Close to 150 million spectators have seen Cirque du Soleil shows since the company’s beginnings in 1984 and it is estimated that over 15 million spectators will see a Cirque du Soleil show in 2014 (Cirque du Soleil). The Cirque du Soleil concept of circus as a form of theatre, with simple, often archetypal, narrative arcs conveyed without words, virtuoso physicality with the circus artists presented as characters in a fictional world, cutting-edge lighting and visuals, extraordinary innovative staging, and the uptake of new technology for special effects can all be linked back to an early form of circus which is sometimes termed illegitimate circus. In the late 18th century and early 19th century, in the age of Romanticism, only two theatres in London, Covent Garden and Drury Lane, plus the summer theatre in the Haymarket, had royal patents allowing them to produce plays or text-based productions, and these were considered legitimate theatres. (These theatres retained this monopoly until the Theatre Regulation Act of 1843; Saxon 301.) Other circuses and theatres such as Astley’s Amphitheatre, which were precluded from performing text-based works by the terms of their licenses, have been termed illegitimate (Moody 1). Perversely, the effect of licensing venues in this way, instead of having the desired effect of enshrining some particular forms of expression and “casting all others beyond the cultural pale,” served instead to help to cultivate a different kind of theatrical landscape, “a theatrical terrain with a new, rich and varied dramatic ecology” (Reed 255). A fundamental change to the theatrical culture of London took place, and pivotal to “that transformation was the emergence of an illegitimate theatrical culture” (Moody 1) with circus at its heart. An innovative and different form of performance, a theatre of the body, featuring spectacle and athleticism emerged, with “a sensuous, spectacular aesthetic largely wordless except for the lyrics of songs” (Bratton 117).This writing sets out to explore some of the strong parallels between the aesthetic that emerged in this early illegitimate circus and the aesthetic of the Montreal-based, multi-billion dollar entertainment empire of Cirque du Soleil. Although it is not fighting against legal restrictions and can in no way be considered illegitimate, the circus of Cirque du Soleil can be seen to be the descendant of the early circus entrepreneurs and their illegitimate aesthetic which arose out of the desire to find ways to continue to attract audiences to their shows in spite of the restrictions of the licenses granted to them. BackgroundCircus has served as an inspiration for many innovatory theatre productions including Peter Brook’s Midsummer Night’s Dream (1970) and Tom Stoppard’s Jumpers (1972) as well as the earlier experiments of Meyerhold, Eisenstein, Mayakovsky and other Soviet directors of the 1920’s (Saxon 299). A. H. Saxon points out, however, that the relationship between circus and theatre is a long-standing one that begins in the late 18th century and the early 19th century, when circus itself was theatre (Saxon 299).Modern circus was founded in London in 1768 by an ex-cavalryman and his wife, Philip and Patty Astley, and consisted of spectacular stunt horse riding taking place in a ring, with acts from traditional fairs such as juggling, acrobatics, clowning and wire-walking inserted to cover the changeovers between riding acts. From the very first shows entry was by paid ticket only and the early history of circus was driven by innovative, risk-taking entrepreneurs such as Philip Astley, who indeed built so many new amphitheatres for his productions that he became known as Amphi-Philip (Jando). After years of legal tussles with the authorities concerning the legal status of this new entertainment, a limited license was finally granted in 1783 for Astley’s Amphitheatre. This license precluded the performing of plays, anything text-based, or anything which had a script that resembled a play. Instead the annual license granted allowed only for “public dancing and music” and “other public entertainments of like kind” (St. Leon 9).Corporeal Dramaturgy and TextIn the face of the ban on scripted text, illegitimate circus turned to the human body and privileged it as a means of dramatic expression. A resultant dramaturgy focusing on the expressive capabilities of the performers’ bodies emerged. “The primacy of rhetoric and the spoken word in legitimate drama gave way […] to a corporeal dramaturgy which privileged the galvanic, affective capacity of the human body as a vehicle of dramatic expression” (Moody 83). Moody proposes that the “iconography of illegitimacy participated in a broader cultural and scientific transformation in which the human body began to be understood as an eloquent compendium of visible signs” (83). Even though the company has the use of text and dramatic dialogue freely available to it, Cirque du Soleil, shares this investment in the bodies of the performers and their “galvanic, affective capacity” (83) to communicate with the audience directly without the use of a scripted text, and this remains a constant between the two forms of circus. Robert Lepage, the director of two Cirque du Soleil shows, KÀ (2004) and more recently Totem (2010), speaking about KÀ in 2004, said, “We wanted it to be an epic story told not with the use of words, but with the universal language of body movement” (Lepage cited in Fink).In accordance with David Graver’s system of classifying performers’ bodies, Cirque du Soleil’s productions most usually present performers’ ‘character bodies’ in which the performers are understood by spectators to be playing fictional roles or characters (Hurley n/p) and this was also the case with illegitimate circus which right from its very beginnings presented its performers within narratives in which the performers are understood to be playing characters. In Cirque du Soleil’s shows, as with illegitimate circus, this presentation of the performers’ character bodies is interspersed with acts “that emphasize the extraordinary training and physical skill of the performers, that is which draw attention to the ‘performer body’ but always within the context of an overall narrative” (Fricker n.p.).Insertion of Vital TextAfter audience feedback, text was eventually added into KÀ (2004) in the form of a pre-recorded prologue inserted to enable people to follow the narrative arc, and in the show Wintuk (2007) there are tales that are sung by Jim Comcoran (Leroux 126). Interestingly early illegitimate circus creators, in their efforts to circumvent the ban on using dramatic dialogue, often inserted text into their performances in similar ways to the methods Cirque du Soleil chose for KÀ and Wintuk. Illegitimate circus included dramatic recitatives accompanied by music to facilitate the following of the storyline (Moody 28) in the same way that Cirque du Soleil inserted a pre-recorded prologue to KÀ to enable audience members to understand the narrative. Performers in illegitimate circus often conveyed essential information to the audience as lyrics of songs (Bratton 117) in the same way that Jim Comcoran does in Wintuk. Dramaturgical StructuresAstley from his very first circus show in 1768 began to set his equestrian stunts within a narrative. Billy Button’s Ride to Brentford (1768), showed a tailor, a novice rider, mounting backwards, losing his belongings and being thrown off the horse when it bucks. The act ends with the tailor being chased around the ring by his horse (Schlicke 161). Early circus innovators, searching for dramaturgy for their shows drew on contemporary warfare, creating vivid physical enactments of contemporary battles. They also created a new dramatic form known as Hippodramas (literally ‘horse dramas’ from hippos the Attic Greek for Horse), a hybridization of melodrama and circus featuring the trick riding skills of the early circus pioneers. The narrative arcs chosen were often archetypal or sourced from well-known contemporary books or poems. As Moody writes, at the heart of many of these shows “lay an archetypal narrative of the villainous usurper finally defeated” (Moody 30).One of the first hippodramas, The Blood Red Knight, opened at Astley’s Amphitheatre in 1810.Presented in dumbshow, and interspersed with grand chivalric processions, the show featured Alphonso’s rescue of his wife Isabella from her imprisonment and forced marriage to the evil knight Sir Rowland and concluded with the spectacular, fiery destruction of the castle and Sir Rowland’s death. (Moody 69)Another later hippodrama, The Spectre Monarch and his Phantom Steed, or the Genii Horseman of the Air (1830) was set in China where the rightful prince was ousted by a Tartar usurper who entered into a pact with the Spectre Monarch and received,a magic ring, by aid of which his unlawful desires were instantly gratified. Virtue, predictably won out in the end, and the discomforted villain, in a final settling of accounts with his dread master was borne off through the air in a car of fire pursued by Daemon Horsemen above THE GREAT WALL OF CHINA. (Saxon 303)Karen Fricker writes of early Cirque du Soleil shows that “while plot is doubtless too strong a word, each of Cirque’s recent shows has a distinct concept or theme, that is urbanity for Saltimbanco; nomadism in Varekai (2002) and humanity’s clownish spirit for Corteo (2005), and tend to follow the same very basic storyline, which is not narrated in words but suggested by the staging that connects the individual acts” (Fricker n/p). Leroux describes the early Cirque du Soleil shows as following a “proverbial and well-worn ‘collective transformation trope’” (Leroux 122) whilst Peta Tait points out that the narrative arc of Cirque du Soleil “ might be summarized as an innocent protagonist, often female, helped by an older identity, seemingly male, to face a challenging journey or search for identity; more generally, old versus young” (Tait 128). However Leroux discerns an increasing interest in narrative devices such as action and plot in Cirque du Soleil’s Las Vegas productions (Leroux 122). Fricker points out that “with KÀ, what Cirque sought – and indeed found in Lepage’s staging – was to push this storytelling tendency further into full-fledged plot and character” (Fricker n/p). Telling a story without words, apart from the inserted prologue, means that the narrative arc of Kà is, however, very simple. A young prince and princess, twins in a mythical Far Eastern kingdom, are separated when a ceremonial occasion is interrupted by an attack by a tribe of enemy warriors. A variety of adventures follow, most involving perilous escapes from bad guys with flaming arrows and fierce-looking body tattoos. After many trials, a happy reunion arrives. (Isherwood)This increasing emphasis on developing a plot and a narrative arc positions Cirque as moving closer in dramaturgical aesthetic to illegitimate circus.Visual TechnologiesTo increase the visual excitement of its shows and compensate for the absence of spoken dialogue, illegitimate circus in the late 18th and early 19th century drew on contemporaneous and emerging visual technologies. Some of the new visual technologies that Astley’s used have been termed pre-cinematic, including the panorama (or diorama as it is sometimes called) and “the phantasmagoria and other visual machines… [which] expanded the means through which an audience could be addressed” (O’Quinn, Governance 312). The panorama or diorama ran in the same way that a film runs in an analogue camera, rolling between vertical rollers on either side of the stage. In Astley’s production The Siege and Storming of Seringapatam (1800) he used another effect almost equivalent to a modern day camera zoom-in by showing scenic back drops which, as they moved through time, progressively moved geographically closer to the battle. This meant that “the increasing enlargement of scale-each successive scene has a smaller geographic space-has a telescopic event. Although the size of the performance space remains constant, the spatial parameters of the spectacle become increasingly magnified” (O’Quinn, Governance 345). In KÀ, Robert Lepage experiments with “cinematographic stage storytelling on a very grand scale” (Fricker n.p.). A KÀ press release (2005) from Cirque du Soleil describes the show “as a cinematic journey of aerial adventure” (Cirque du Soleil). Cirque du Soleil worked with ground-breaking visual technologies in KÀ, developing an interactive projected set. This involves the performers controlling what happens to the projected environment in real time, with the projected scenery responding to their movements. The performers’ movements are tracked by an infra-red sensitive camera above the stage, and by computer software written by Interactive Production Designer Olger Förterer. “In essence, what we have is an intelligent set,” says Förterer. “And everything the audience sees is created by the computer” (Cirque du Soleil).Contemporary Technology Cutting edge technologies, many of which came directly from contemporaneous warfare, were introduced into the illegitimate circus performance space by Astley and his competitors. These included explosions using redfire, a new military explosive that combined “strontia, shellac and chlorate of potash, [which] produced […] spectacular flame effects” (Moody 28). Redfire was used for ‘blow-ups,’ the spectacular explosions often occurring at the end of the performance when the villain’s castle or hideout was destroyed. Cirque du Soleil is also drawing on contemporary military technology for performance projects. Sparked: A Live interaction between Humans and Quadcopters (2014) is a recent short film released by Cirque du Soleil, which features the theatrical use of drones. The new collaboration between Cirque du Soleil, ETH Zurich and Verity Studios uses 10 quadcopters disguised as animated lampshades which take to the air, “carrying out the kinds of complex synchronized dance manoeuvres we usually see from the circus' famed acrobats” (Huffington Post). This shows, as with early illegitimate circus, the quick theatrical uptake of contemporary technology originally developed for use in warfare.Innovative StagingArrighi writes that the performance space that Astley developed was a “completely new theatrical configuration that had not been seen in Western culture before… [and] included a circular ring (primarily for equestrian performance) and a raised theatre stage (for pantomime and burletta)” (177) joined together by ramps that were large enough and strong enough to allow horses to be ridden over them during performances. The stage at Astley’s Amphitheatre was said to be the largest in Europe measuring over 130 feet across. A proscenium arch was installed in 1818 which could be adjusted in full view of the audience with the stage opening changing anywhere in size from forty to sixty feet (Saxon 300). The staging evolved so that it had the capacity to be multi-level, involving “immense [moveable] platforms or floors, rising above each other, and extending the whole width of the stage” (Meisel 214). The ability to transform the stage by the use of draped and masked platforms which could be moved mechanically, proved central to the creation of the “new hybrid genre of swashbuckling melodramas on horseback, or ‘hippodramas’” (Kwint, Leisure 46). Foot soldiers and mounted cavalry would fight their way across the elaborate sets and the production would culminate with a big finale that usually featured a burning castle (Kwint, Legitimization 95). Cirque du Soleil’s investment in high-tech staging can be clearly seen in KÀ. Mark Swed writes that KÀ is, “the most lavish production in the history of Western theatre. It is surely the most technologically advanced” (Swed). With a production budget of $165 million (Swed), theatre designer Michael Fisher has replaced the conventional stage floor with two huge moveable performance platforms and five smaller platforms that appear to float above a gigantic pit descending 51 feet below floor level. One of the larger platforms is a tatami floor that moves backwards and forwards, the other platform is described by the New York Times as being the most thrilling performer in the show.The most consistently thrilling performer, perhaps appropriately, isn't even human: It's the giant slab of machinery that serves as one of the two stages designed by Mark Fisher. Here Mr. Lepage's ability to use a single emblem or image for a variety of dramatic purposes is magnified to epic proportions. Rising and falling with amazing speed and ease, spinning and tilting to a full vertical position, this huge, hydraulically powered game board is a sandy beach in one segment, a sheer cliff wall in another and a battleground, viewed from above, for the evening's exuberantly cinematic climax. (Isherwood)In the climax a vertical battle is fought by aerialists fighting up and down the surface of the sand stone cliff with defeated fighters portrayed as tumbling down the surface of the cliff into the depths of the pit below. Cirque du Soleil’s production entitled O, which phonetically is the French word eau meaning water, is a collaboration with director Franco Dragone that has been running at Las Vegas’ Bellagio Hotel since 1998. O has grossed over a billion dollars since it opened in 1998 (Sylt and Reid). It is an aquatic circus or an aquadrama. In 1804, Charles Dibdin, one of Astley’s rivals, taking advantage of the nearby New River, “added to the accoutrements of the Sadler’s Wells Theatre a tank three feet deep, ninety feet long and as wide as twenty-four feet which could be filled with water from the New River” (Hays and Nickolopoulou 171) Sadler’s Wells presented aquadramas depicting many reconstructions of famous naval battles. One of the first of these was The Siege of Gibraltar (1804) that used “117 ships designed by the Woolwich Dockyard shipwrights and capable of firing their guns” (Hays and Nickolopoulou 5). To represent the drowning Spanish sailors saved by the British, “Dibdin used children, ‘who were seen swimming and affecting to struggle with the waves’”(5).O (1998) is the first Cirque production to be performed in a proscenium arch theatre, with the pool installed behind the proscenium arch. “To light the water in the pool, a majority of the front lighting comes from a subterranean light tunnel (at the same level as the pool) which has eleven 4" thick Plexiglas windows that open along the downstage perimeter of the pool” (Lampert-Greaux). Accompanied by a live orchestra, performers dive into the 53 x 90 foot pool from on high, they swim underwater lit by lights installed in the subterranean light tunnel and they also perform on perforated platforms that rise up out of the water and turn the pool into a solid stage floor. In many respects, Cirque du Soleil can be seen to be the inheritors of the spectacular illegitimate circus of the 18th and 19th Century. The inheritance can be seen in Cirque du Soleil’s entrepreneurial daring, the corporeal dramaturgy privileging the affective power of the body over the use of words, in the performers presented primarily as character bodies, and in the delivering of essential text either as a prologue or as lyrics to songs. It can also be seen in Cirque du Soleil’s innovative staging design, the uptake of military based technology and the experimentation with cutting edge visual effects. Although re-invigorating the tradition and creating spectacular shows that in many respects are entirely of the moment, Cirque du Soleil’s aesthetic roots can be clearly seen to draw deeply on the inheritance of illegitimate circus.ReferencesBratton, Jacky. “Romantic Melodrama.” The Cambridge Companion to British Theatre 1730-1830. Eds. Jane Moody and Daniel O'Quinn. Cambridge: Cambridge University, 2007. 115-27. Bratton, Jacky. “What Is a Play? Drama and the Victorian Circus in the Performing Century.” Nineteenth-Century Theatre’s History. Eds. Tracey C. Davis and Peter Holland. Hampshire, UK: Palgrave Macmillan, 2007. 250-62.Cavendish, Richard. “Death of Madame Tussaud.” History Today 50.4 (2000). 15 Aug. 2014 ‹http://www.historytoday.com/richard-cavendish/death-madame-tussaud›.Cirque du Soleil. 2014. 10 Sep. 2014 ‹http://www.cirquedusoleil.com/en/home/about-us/at-a-glance.aspx›.Davis, Janet M. The Circus Age: Culture and Society under the American Big Top. Chapel Hill and London: University of North Carolina Press, 2002. Hays, Michael, and Anastasia Nikolopoulou. Melodrama: The Cultural Emergence of a Genre. New York: Palgrave Macmillan, 1999.House of Dancing Water. 2014. 17 Aug. 2014 ‹http://thehouseofdancingwater.com/en/›.Isherwood, Charles. “Fire, Acrobatics and Most of All Hydraulics.” New York Times 5 Feb. 2005. 12 Sep. 2014 ‹http://www.nytimes.com/2005/02/05/theater/reviews/05cirq.html?_r=0›.Fink, Jerry. “Cirque du Soleil Spares No Cost with Kà.” Las Vegas Sun 2004. 17 Sep. 2014 ‹http://www.lasvegassun.com/news/2004/sep/16/cirque-du-soleil-spares-no-cost-with-ka/›.Fricker, Karen. “Le Goût du Risque: Kà de Robert Lepage et du Cirque du Soleil.” (“Risky Business: Robert Lepage and the Cirque du Soleil’s Kà.”) L’Annuaire théâtral 45 (2010) 45-68. Trans. Isabelle Savoie. (Original English Version not paginated.)Hurley, Erin. "Les Corps Multiples du Cirque du Soleil." Globe: Revue Internationale d’Études Quebecoise. Les Arts de la Scene au Quebec, 11.2 (2008). (Original English n.p.)Jacob, Pascal. The Circus Artist Today: Analysis of the Key Competences. Brussels: FEDEC: European Federation of Professional Circus Schools, 2008. 5 June 2010 ‹http://sideshow-circusmagazine.com/research/downloads/circus-artist-today-analysis-key-competencies›.Jando, Dominique. “Philip Astley, Circus Owner, Equestrian.” Circopedia. 15 Sep. 2014 ‹http://www.circopedia.org/Philip_Astley›.Kwint, Marius. “The Legitimization of Circus in Late Georgian England.” Past and Present 174 (2002): 72-115.---. “The Circus and Nature in Late Georgian England.” Histories of Leisure. Ed. Rudy Koshar. Oxford: Berg Publishers, 2002. 45-60. ---. “The Theatre of War.” History Today 53.6 (2003). 28 Mar. 2012 ‹http://www.historytoday.com/marius-kwint/theatre-war›.Lampert-Greaux, Ellen. “The Wizardry of O: Cirque du Soleil Takes the Plunge into an Underwater World.” livedesignonline 1999. 17 Aug. 2014 ‹http://livedesignonline.com/mag/wizardry-o-cirque-du-soleil-takes-plunge-underwater-world›.Lavers, Katie. “Sighting Circus: Perceptions of Circus Phenomena Investigated through Diverse Bodies.” Doctoral Thesis. Perth, WA: Edith Cowan University, 2014. Leroux, Patrick Louis. “The Cirque du Soleil in Las Vegas: An American Striptease.” Revista Mexicana de Estudio Canadiens (Nueva Época) 16 (2008): 121-126.Mazza, Ed. “Cirque du Soleil’s Drone Video ‘Sparked’ is Pure Magic.” Huffington Post 22 Sep. 2014. 23 Sep. 2014 ‹http://www.huffingtonpost.com/2014/09/22/cirque-du-soleil-sparked-drone-video_n_5865668.html›.Meisel, Martin. 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Circus: The Australian Story. Melbourne: Melbourne Books, 2011. Stoddart, Helen. Rings of Desire: Circus History and Representation. Manchester: Manchester University Press, 2000. Swed, Mark. “Epic, Extravagant: In Ka the Acrobatics and Dazzling Special Effects Are Stunning and Enchanting.” Los Angeles Times 5 Feb. 2005. 22 Aug. 2014 ‹http://articles.latimes.com/2005/feb/05/entertainment/et-ka5›.Sylt, Cristian, and Caroline Reid. “Cirque du Soleil Swings to $1bn Revenue as It Mulls Shows at O2.” The Independent Oct. 2011. 14 Sep. 2014 ‹http://www.independent.co.uk/news/business/news/cirque-du-soleil-swings-to-1bn-revenue-as-it-mulls-shows-at-o2-2191850.html›.Tait, Peta. Circus Bodies: Cultural Identity in Aerial Performance. 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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. 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