Journal articles on the topic 'Military law – England – 17 century'

National security has evolved both into a discipline of study and a sphere of policy application. It is a commonly used phrase in strategic literature and international statecraft. The modern concepts of national security arose in the 17th century during the Thirty Years War in Europe and the Civil War in England, and it was considered in terms of state sovereignty. In the aftermath of World War II, the concept of national security evolved into superpower contestation, also called the Cold War. During this period, national security had been seen through the prism of military security of the state against external threats – traditional security. In the US, the national security concept transited into a normative paradigm when President Truman signed the National Security Act on July 26, 1947, which also led to the establishment of the US National Security Council. Some 21 variants of the National Security Council exist in 51 countries today. The concept of national security is also seen from the prism of the concept of national power and elements of national power that include diplomacy, information operations, military, economic, financial, intelligence operations and law enforcement – commonly referred to as DIMEFIL. States either have national security policies or strategies and some – including Pakistan, publish an unclassified version for public distribution. Contemporary national security discourse adjusts to and even shapes the geopolitical environment. It has gradually evolved into a concept called comprehensive national security. It is an inclusive framework that encompasses all internal and external affairs of the state and society. Comprehensive national security helps safeguard both national security interests and human security requirements. Bibliography Entry Khan, Ehsan Mehmood. 2022. "Comprehensive National Security: Contemporary Discourse." Margalla Papers 26 (1): 1-17.

On May 17, 1853, a court sentenced Francis Prout of East Stonehouse, Devon, to six months' hard labor for receiving £1 15s. in stolen money. Prout's “lodger,” a Mary Ann Foss, had stood charged with the theft at the local quarter sessions, but during her trial she denounced Prout as a brothel keeper who profited from crimes committed in his house. With no real warning, Prout found himself tried and convicted. An even more alarming surprise followed a few days later, when the local authorities decided to pursue Prout's property. They invoked the ancient practice by which felons forfeited their possessions, claiming not just Prout's moveable goods, as was common, but also his ninety-nine-year leases on two local pubs and the profits from his freehold on a pub and houses in Plymouth. The latter constituted an unusual decision, in part because the inquisition necessary to seize the property would cost about £150, and in this case no interested party stepped forward to pay the fees. But as the chairman of the quarter sessions argued, Prout's property was “chiefly acquired by the wages of prostitution.” Underneath his talk of “fallen women” and “unfortunate creatures” lay a very modern concern with the illicit proceeds of criminal activity. In such a case, the chairman opined, the property in question should be forfeit.

In trying to trace the development of church-state relations in Britain since 1961, one encounters the difficulty that conceptions of both ‘church’ and ‘state’ have changed radically in the half-century since then. This is most obviously true of the state. The British state in 1961 was (outside Stormont-governed Northern Ireland) a unitary state governed from London. It still had colonies, and substantial overseas military commitments. One of its Houses of Parliament had until three years before been (a few bishops and law-lords apart) completely hereditary. The prime minister controlled all senior appointments in the established Church of England, and Parliament had the final say on its worship and doctrine. The criminal law still embodied Christian teaching on issues of personal morality.

AbstractPolicy discourse surrounding Britain’s unusually well-resourced private schools surrounds their charitable status and their relationship with low social mobility, but informative evidence is scarce. We present estimates of the extent to which private and external benefits at age 25 are associated with attendance at private school in England in the 21st century. We find a weekly wage premium of 17 percent, and a 12 percentage point lower chance of downward social mobility. By contrast, private schooling is not significantly associated with participation in local voluntary groups, unpaid voluntary work, or charitable giving and fundraising; this finding casts doubt on claims that private schools deliver ‘public benefit’ in this way.

The article examines the activities of the justice of peace of the English county of Norfolk Nathaniel Bacon on the formation of the county militia in the late 16th and early 17th centuries. Analysis of his “notes”, correspondence with representatives of the central government and other documents shows that the justice of peace was involved in many issues of the formation and armament of the county militias. He reported regularly on these matters to the Privy Coun cil. In the center of his attention was the collection of monies from the population for the acquisition of weapons, the preparation and conduct of military reviews of the militia, the preparation of certificates of military commands, the procedure for conducting military inspections of militias, etc. Bacon had constant contact with both the lordlieutenant of the county and with the captains of military commands, sheriffs and constables of hundreds. One of the difficult tasks that he had to solve was the collection of funds from representatives of various classes for the needs of the military teams of the county militia. In general, the magistrate managed to achieve a good level of provision of firearms for the county militias. The material of the article clearly illustrates, using the example of a separate county, some of the complexities and nuances of the “military revolution” of the early modern times in England and the role of justices of the peace in this.

The Annual Bibliography of British and Irish History published for 1991, contains 393 items in section G, “Britain 1714-1815,” a section that excludes works devoted to “long periods” that also cover the period. Of those 393, twenty were in Ga “General,” thirty-six in Gb, “Politics,” eight in Gc “Constitution, Administration and Law,” thirty-two in Gd “External Affairs” and thirty-seven in Ge “Religion.” Though politics is in theory restricted to Gb, in practice it overlaps with these other categories, and, indeed, in part, with the categories Economic Affairs, Social Structure and Population, Naval and Military, and Intellectual and Cultural. Restricting, however, the survey to Gb, the figures for 1988, 1989 and 1990 respectively were fifty-six, fifty-two and fifty-four. It is thus clear that while political history no longer dominates eighteenth-century historiography as it once did, there is still a formidable quantity of it produced. This is not a situation to be regretted, but it does emphasize the subjectivity of any assessment of recent work and of current problems. Such a situation, however, is not simply a question of problems derived from quantity, for any attempt to produce an historiographical account focusing on earlier scholarship would itself encounter many difficulties. The absence of consensus among modern scholars extends to their assessment of historiographical trends. This was demonstrated clearly by Jonathan Clark in 1986. Having, the previous year, in his English Society 1688-1832: Ideology, Social Structure and Political Practice during the Ancien Regime (Cambridge, 1985), asserted the strength of conservatism and religious identity and the marginality of reform and radicalism in eighteenth-century England, he offered, inter alia, in his Revolution and Rebellion: State and Society in England in the Seventeenth and Eighteenth Centuries (Cambridge, 1986), a combative interpretation of the methodology and historiography of the period.

If liberal England died strangely, no moment in its passing was more bizarre than the close encounter it experienced between the army and a political system from which the military had been banished since the seventeenth century. Habitually all but invisible at home, confining its exploits to lands without the law, and maintaining a political silence equal—though in easier circumstances—to that of the neighboring grande muette, the British army moved to the center of the public stage. It obtained a popular following. This was not merely the result of Britain's involvement in world war. Manifestations of popular militarism, albeit sporadic or marginal, were evident in the later nineteenth century. The second Boer War accelerated a shift in social attitudes. Hostility to “pro-Boers,” if not beginning to resemble the hysteria of 1914, adumbrated the response of a shaken community temporarily recovering cohesion through warlike solidarity. Most public energy was expended in mafficking, but vocal groups continued to campaign for national efficiency and universal military service. The scout movement was the precipitant of a considerable mass sentiment, solidarized by suspicion of Germany and giving back a faint but clear echo of the leagues formed to support the expansion of the German army and navy.Yet if a novel enthusiasm was eroding traditional aversion to the army, it was scarcely capable of creating a public tolerance for its involvement in domestic affairs. Unlike the navy, whose nature more or less precluded its domestic employment, the army was a suspect weapon. The cultivation of nonpolitical professionalism represented in part a functional response to such public suspicion. Modern major generals would not think of doing what their Cromwellian predecessors had done.

AbstractThe closeness of a work from Rubens' studio in the English Royal Collection, known as Equestrian Portrait of a Knight of the Golden Fleece (Fig. I, Note 1), to two equestrian portraits painted by Van Dyck during his stay in Genoa, from 1621 to 1626 (Figs. 2, 3, Note 2) has led to the identification of the sitter. A number of other pictures from the circle of Rubens and Van Dyck show horses and/or riders in related poses and the dates on some of them reveal them to have been painted before Van Dyck's portraits. This applies to The Riding School by or after Rubens, which is generally dated 1610-12 (Fig. 4, Note 3), a Paradise Landscape by Jan Brueghel of 1613 (Note 4) and Sight dated 1617 by the same artist (Fig.5, Note 5), which features a horseman known as Archduke Albert. A number of undated paintings inspired by the same model include six supposed to be of Archduke Albert (Notes 6, 10), three by Casper de Crayer (Fig. 6, Note 13) and eguestrian portraits of Louis XIII (Note 14) and Ladislaw IV of Poland. Thus it seems likely that these followers of Rubens', Van Dyck included, based themselves on one and the same equestrian portrait by their teacher. Since Van Dyck almost certainly painted the two equestrian portraits in Genoa during his stay in that city, his model or a replica of it must also have been there between 1621 and 1626. In fact, probably at the request of his patrons (Note 17), he often used models by Rubens, who had worked in Genoa for a time in 1606 (Note 16). However, his two equestrian portraits are not based on the only Genoese one by Rubens now known, that of the Marchese Doria (Fig. 7, Note 18), which is very different and has a liveliness quite, unlike Van Dyck's quiet static compositions. The equestrian portrait in the English Royal Collection was bought by George I in 1723 as a Rubens. The sitter is clad in the Spanish costume of the early 17 th century while the towers in the background could be those of Antwerp (Note 36). The sitter has been identified as the Archduke Albert, but he actually bears no resemblance to other portraits of the Archduke, who was also much older than this at the time of Ruberas' stay in Genoa in 1606. The most likely candidate is Ambrogio Spinola (Note 32) , the statesman and general, of whom both Rubens and Van Dyck painted more than one portrait. Spinola was commander of the Spanish troups in the Southern Netherlands, a friend of Rubens and Knight of the Golden Fleece, and he also came from Genoa, where this portrait could have been painted during a visit he made to the city in 1606 (Notes 33, 34). Stylistically too the portrait seems to fit in with the series of portraits painted by Rubens in Genoa in that year. The physiognomy of the sitter is certainly close to that of the known portraits of Spinola (Figs. 8-1, Note 35), while the details of Spinola's life also support the identification. Spinola (1569-1630), who was Marquis of Sesto and Venafro, belonged to one of the group of closely related, families of bankers who held key positions in Genoa. He arrived in the Netherlands around 1602 at the head of a large and unusually well-trained body of troops. In 1603 he provided funds to prevent a mutiny among the Spanish troups and after his capture of Ostend in 1604 he was appointed second in command to Archduke Albert. He was made a Knight of the Golden Fleece on I March 1605 and in the same year he was put in charge of military finances. From 1606 until his departure for Spain in 1628 he was superintendent of the military treasury and' mayordomo mayor' to the Archdukes Albert and Isabella. After the death of Albert in 1621 he became principal adviser to Isabella and thus the most powerful man in the Spanish Netherlands. His amiable character brought him many friends, even among the ranks of the enemy, notably the Princes Maurice and Frederick Henry, with whom he had a great deal of contact during the Twelve Years Truce. It was probably one of them who bought the Portrait of Spinola by Van Miereveld (Fig. 8). After a disappointing mission to Spain in 1628, Spinola was relieved of his command of the Army of Flanders and put in charge of the Spanish troups in Lombardy. He died in his castle in Piedmont in 1630. During the years 1603-5 and later Spinola made several visits to Madrid, where he will undoubtedly have met the powerful Duke of Lerma and probably also seen the equestrian portrait that Rubens painted of him in 1603 (Fig. 12, Note 39). He must also have known of the portraits Rubens painted in Genoa in 1606, since at least three and probably five of them are of members of the Spinola family, while there survives a letter to Rubens from Paolo Agostino Spinola on the subject of portraits (Note 40). All this makes it likely that Spinola would have had his own Portrait painted too and that Rubens may well have painted his first portrait of the man who was to become his lifelong friend as early as 1606. Although Rubens was sometimes irritated by Spinola's lack of interest in his work (Note 41) , he admired him greatly (Note 42). He cultivated Spinola's friendship after his return to Antwerp in 1608 and will doubtless have introduced Van Dyck to him. Van Dyck later painted more than twenty pictures for the five Spinola palaces (Note 43) in Genoa and his work also became known in Madrid via Spinola and his son-in-law Don Diego Felipez Messia Guzman de Legañes, who owned many works by Van Dyck (Note 44). The presumed equestrian portrait of Spinola was much copied, as were other portraits of him by Rubens. Spinola was admired all over Europe and that may have been why other commanders and princes wanted to have themselves portrayed in the same way. The original or a replica may have hung in Spirtola's palace in Brussels, where the first to have seen it would have been Archduke Albert, which may explain the many equestrian portraits of him by Rubens' followeers which were based on it. Another possibility is that Rubens himself may have painted an equestrian portrait of the Archduke very similar to that of Spinola around 1610, but that this is no longer known. Caspar de Crayer of Brussels, a friend, though not a pupil of Rubens, was also influenced by the Spinola equestrian portrait. Furthermore, when he was invited to paint a set of equestrian portraits for the Huis ten Bosch, he sent the young Antwerp painter Thomas Willeboirts Bosschaert to The Hague in his place (Note 46) and it was in this way that Rubens' model came to the Northern Netherlands, where it was copied only once, by Isaac Isacsz. in his equestrian portrait of William the Silent (Note 47). The equestrian portrait of Sigmund III of Poland (Fig. 13), a cousin of Archduke Albert, could also have been painted in Van Dyck's studio in Genoa, which was probably visited by his son Prince Ladislaw in 1624 (Note 48). This picture too still owes much to Rubens' model which Van Dyck used again ten years later for his equestrian portraits of Charles I of England (Fig. 14, Note, 50) and Francisco de Moncada (Note 51).

A dichotomy of government and society in the exploration of the State’s transition from Medieval to Ētat modern opens new opportunities to understand the Kingdom of England’s history on the eve of the early modern period. On the one hand, gentry remained its importance under unstable political authority, arbitrariness and lawlessness from country’s nobility. On the other hand, political evolution of power was determined by growing role of king’s prerogative. The development of ideas about the function of serving the authority was reflected in a number of anonymous tractates of that time and isolated events. Government used a figure of wise and righteous monarch against the background of serious political-military failures of the 30s in Hundred Years' War. One of the tractate states that the King and his Council assumed the burden of service and responsibility in difficult time for the kingdom with minimal focus on commons. The other one of that time has the phenomenon of publicity filled with nostalgia, represented through discourses of historic memory. An anonymous author from the king’s inner circle describes an alternative of country’s political course of Anglo-French opposition. The author calls for the restoration of kingdom’s past glory as strong military Power, above all, at sea, rather than the war on the mainland. He brings back the reader images of famous monarchs, where sea power guaranteed prosperity of the realm and its subjects. An understanding of a new place and the role of England in the last phase of Hundred Years' War, somehow, that favoured public interests and expectations, is formed. An understanding of monarch’s duty and responsibility underwent significant changes in anonymous tractate of the late 40s. The ruler must promote well-being and prosperity of his nationals, know their needs and requirements, listen for their opinion, which is the wisdom and justice of the monarch. Dialogue between government and society developed by participants’ demands of Jack Cade rebellion. King cannot be above the law and commons are always ready to support him. England’s socio-political processes of that time are characterized by the increase of publicity, strengthening of authority’s representation. Nevertheless, keeping faith with the figure of wise and righteous monarch, the patron and protector of his subjects could not stop impending socio-political crisis of the second part of the century.

It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom) and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preeminent, setting up an all-inclusive document meant to be the foundation of the state’s legal system at the dawn of independence was no easy task. This paper discusses the practice of legal pluralism in Indonesia and its struggle to implement rule of law and human rights principles after a half-century of authoritarian regimes. The study involves socio-legal research drawing on empirical data. Survey research was conducted between September 2014 and February 2015 at Utrecht University, the Netherlands, as well as in 5 cities in Indonesia (Aceh, Bali, Batam, Medan, and Padang) to collect data. The research reveals that legal pluralism is not helping to strengthen the Indonesian legal system, and that the foreignness of the Western law along with the neglect of the Indonesian customary and Islamic laws, totalitarianism and military involvement in politics, corruption within the state apparatus and unsynchronized laws weaken the legal system in Indonesia and hinder its effort to implement rule of law and human rights principles.

When Oil is the Lesser of Two Evils: Comparative Risk of the Shipwreck EMPIRE KNIGHT Cornell J. Rosiu, First Coast Guard District - Incident Management, 408 Atlantic Ave, Boston MA 02110Stephen M. Lehmann, NOAA - Office of Response and Restoration, 10 George St, #220, Lowell, MA 01852David M. Sherry, Center for Law and Military Operations, Charlottesville, VA 22903Wyman W. Briggs, USCG - Sector Northern New England, 259 High St, South Portland, ME 04106Peter J. Blanchard, Maine DEP – Div. of Response Services, #17 State House Station, Augusta, ME 04333At the height of WWII in February of 1944, the 428-ft British ship EMPIRE KNIGHT ran aground on Boon Island Ledge off York, Maine during a storm. It broke in two and sank with the stern section in 243-ft of water where it remains today. Her hull contained 10,000-bbls of diesel fuel oil, military tank and locomotive parts, 5-in cannon shells and 16,000-lbs of elemental mercury stored in 221 glass and steel carboys. This poster summarizes the wreck disposition and its environmental assessment and ongoing monitoring. In 1993, the U.S. Coast Guard (USCG) oversaw an emergency removal of 1,200-lbs elemental mercury through a hole cut in stern cargo hold #5 representing <10% of the cargo of elemental mercury. Much of the mercury is assumed to have migrated to the lower portion of the shipwreck beneath a cargo of military hardware and live ammunition. Since much of the mercury is believed to remain on-site, a permanent safety zone was established in 1995 within a 1000-yd radius prohibiting activities such as commercial salvage that could spread contamination. Mercury is a priority pollutant that accumulates in marine life and can bio-magnify in the environment. Results of bio-monitoring in 1998, 2004 and 2012 using blue mussels (Mytilus edulis) supported previous findings and indicated mercury does not pose unacceptable risk to human health or the environment. Moreover, average concentrations of mercury across the three years are less than averages in mussels sampled from 2007 to 2009 in areas of the Gulf of Maine coast that have no known point source of mercury contamination. NOAA ranked EMPIRE KNIGHT 12th among 13 RULET shipwrecks in USCG District 1 with “medium” risk of oil discharge. Disturbing the wreck to recover oil onboard has the potential to spread contamination and make the mercury more bioavailable.

The life path, scientific-pedagogical and public activity of Volodymyr Sokurenko – a prominent Ukrainian jurist, doctor of law, professor, talented teacher of the Lviv Law School of Franko University are analyzed. It is found out that after graduating from a seven-year school in Zaporizhia, V. Sokurenko entered the Zaporizhia Aviation Technical School, where he studied two courses until 1937. 1/10/1937 he was enrolled as a cadet of the 2nd school of aircraft technicians named after All-Union Lenin Komsomol. In 1938, this school was renamed the Volga Military Aviation School, which he graduated on September 4, 1939 with the military rank of military technician of the 2nd category. As a junior aircraft technician, V. Sokurenko was sent to the military unit no. 8690 in Baku, and later to Maradnyany for further military service in the USSR Air Force. From September 4, 1939 to March 16, 1940, he was a junior aircraft technician of the 50th Fighter Regiment, 60th Air Brigade of the ZAK VO in Baku. The certificate issued by the Railway District Commissariat of Lviv on January 4, 1954 no. 3132 states that V. Sokurenko actually served in the staff of the Soviet Army from October 1937 to May 1946. The same certificate states that from 10/12/1941 to 20/09/1942 and from 12/07/1943 to 08/03/1945, he took part in the Soviet-German war, in particular in the second fighter aviation corps of the Reserve of the Supreme Command of the Soviet Army. In 1943 he joined the CPSU. He was awarded the Order of the Patriotic War of the 1st degree and the Order of the Red Star (1943) as well as 9 medals «For Merit in Battle» during the Soviet-German war. With the start of the Soviet-German war, the Sokurenko family, like many other families, was evacuated to the town of Kamensk-Uralsky in the Sverdlovsk region, where their father worked at a metallurgical plant. After the war, the Sokurenko family moved to Lviv. In 1946, V. Sokurenko entered the Faculty of Law of the Ivan Franko Lviv State University, graduating with honors in 1950, and entered the graduate school of the Lviv State University at the Department of Theory and History of State and Law. V. Sokurenko successfully passed the candidate examinations and on December 25, 1953 in Moscow at the Institute of Law of the USSR he defended his thesis on the topic: «Socialist legal consciousness and its relationship with Soviet law». The supervisor of V. Sokurenko's candidate's thesis was N. Karieva. The Higher Attestation Commission of the Ministry of Culture of the USSR, by its decision of March 31, 1954, awarded V. Sokurenko the degree of Candidate of Law. In addition, it is necessary to explain the place of defense of the candidate's thesis by V. Sokurenko. As it is known, the Institute of State and Law of the USSR has its history since 1925, when, in accordance with the resolution of the Presidium of the Central Executive Committee of March 25, 1925, the Institute of Soviet Construction was established at the Communist Academy. In 1936, the Institute became part of the USSR Academy of Sciences, and in 1938 it was reorganized into the Institute of Law of the USSR Academy of Sciences. In 1941–1943 it was evacuated to Tashkent. In 1960-1991 it was called the Institute of State and Law of the USSR Academy of Sciences. In Ukraine, there is the Institute of State and Law named after V. Koretsky of the NAS of Ukraine – a leading research institution in Ukraine of legal profile, founded in 1949. It is noted that, as a graduate student, V. Sokurenko read a course on the history of political doctrines, conducted special seminars on the theory of state and law. After graduating from graduate school and defending his thesis, from October 1, 1953 he was enrolled as a senior lecturer and then associate professor at the Department of Theory and History of State and Law at the Faculty of Law of the Lviv State University named after Ivan Franko. By the decision of the Higher Attestation Commission of the Ministry of Higher Education of the USSR of December 18, 1957, V. Sokurenko was awarded the academic title of associate professor of the «Department of Theory and History of State and Law». V. Sokurenko took an active part in public life. During 1947-1951 he was a member of the party bureau of the party organization of LSU, worked as a chairman of the trade union committee of the university, from 1955 to 1957 he was a secretary of the party committee of the university. He delivered lectures for the population of Lviv region. Particularly, he lectured in Turka, Chervonohrad, and Yavoriv. He made reports to the party leaders, Soviet workers as well as business leaders. He led a philosophical seminar at the Faculty of Law. He was a deputy of the Lviv City Council of People's Deputies in 1955-1957 and 1975-1978. In December 1967, he defended his doctoral thesis on the topic: «Development of progressive political thought in Ukraine (until the early twentieth century)». The defense of the doctoral thesis was approved by the Higher Attestation Commission on June 14, 1968. During 1960-1990 he headed the Department of Theory and History of State and Law; in 1962-68 and 1972-77 he was the dean of the Law Faculty of the Ivan Franko Lviv State University. In connection with the criticism of the published literature, on September 10, 1977, V. Sokurenko wrote a statement requesting his dismissal from the post of Dean of the Faculty of Law due to deteriorating health. During 1955-1965 he was on research trips to Poland, Czechoslovakia, Romania, Austria, and Bulgaria. From August 1966 to March 1967, in particular, he spent seven months in the United States, England and Canada as a UN Fellow in the Department of Human Rights. From April to May 1968, he was a member of the government delegation to the International Conference on Human Rights in Iran for one month. He spoke, in addition to Ukrainian, English, Polish and Russian. V. Sokurenko played an important role in initiating the study of an important discipline at the Faculty of Law of the Lviv University – History of Political and Legal Studies, which has been studying the history of the emergence and development of theoretical knowledge about politics, state, law, ie the process of cognition by people of the phenomena of politics, state and law at different stages of history in different nations, from early statehood and modernity. Professor V. Sokurenko actively researched the problems of the theory of state and law, the history of Ukrainian legal and political thought. He was one of the first legal scholars in the USSR to begin research on the basics of legal deontology. V. Sokurenko conducted extensive research on the development of basic requirements for the professional and legal responsibilities of a lawyer, similar to the requirements for a doctor. In further research, the scholar analyzed the legal responsibilities, prospects for the development of the basics of professional deontology. In addition, he considered medical deontology from the standpoint of a lawyer, law and morality, focusing on internal (spiritual) processes, calling them «the spirit of law.» The main direction of V. Sokurenko's research was the problems of the theory of state and law, the history of legal and political studies. The main scientific works of professor V. Sokurenko include: «The main directions in the development of progressive state and legal thought in Ukraine: 16th – 19th centuries» (1958) (Russian), «Democratic doctrines about the state and law in Ukraine in the second half of the 19th century (M. Drahomanov, S. Podolynskyi, A. Terletskyi)» (1966), «Law. Freedom. Equality» (1981, co-authored) (in Russian), «State and legal views of Ivan Franko» (1966), «Socio-political views of Taras Shevchenko (to the 170th anniversary of his birth)» (1984); «Political and legal views of Ivan Franko (to the 130th anniversary of his birth)» (1986) (in Russian) and others. V. Sokurenko died on November 22, 1994 and was buried in Holoskivskyi Cemetery in Lviv. Volodymyr Sokurenko left a bright memory in the hearts of a wide range of scholars, colleagues and grateful students. The 100th anniversary of the Scholar is a splendid opportunity to once again draw attention to the rich scientific heritage of the lawyer, which is an integral part of the golden fund of Ukrainian legal science and education. It needs to be studied, taken into account and further developed.

The article analyzes attempts to compose a typology of the Normandy agglomerations of the Late Middle Ages, to highlight the main features of a “medieval city” (administrative, military, economic, religious functions; the presence of specific city law and autonomy, participation in public political activity). The voluntary nature of granting rights and privileges to the cities of Normandy by their lords is noted. The possibilities of attracting modern sociological indicators (number of inhabitants, population density, and area of agglomeration) to characterize and rank medieval cities are examined. Based on Normandy data, the article examines the problems of the lowest border of a medieval city, a “small” city, possible reasons for the loss of urban status by the agglomeration. It is noted that a “small” city presupposes the existence and inclusion in a hierarchical structure consisting of multi-level urban centres for fairly large areas of the kingdom. It emphasizes the relevance of studying medieval regional urban networks, urban topography using data from archaeological excavations, using GIS cartography to study places and spaces of power, the need for more attention to studying the role of a city lord (king, count, baron, bishop, chapter, monastery, several lords) in various areas of urban life (a feature of Normandy: in the 15th century, there is an almost complete change of secular lords of cities twice). A brief description of the attitude of the Lancaster regime to Norman cities is given: on the one hand, the confirmation of privileges, on the other hand, the placement of garrisons to control loyalty, the demolition of the fortifications of several cities as a potential threat, the redistribution of urban real estate, the encouragement of immigration from England, the re-population of some cities. As the reign of Louis XI (1461—1483) shows, the traditional paradigm of “perfect harmony” in the relationship of the crown with the urban community needs serious adjustment.

Introduction The transformational processes occurring in Ukraine today have necessitated the search for new forms of the judicial system organization. The system should be effective, simple and accessible to the public. Most of these requirements correspond to the Peace Court, which under different names has been successfully operating in England, Israel, Italy, Switzerland, the USA and Canada.T herefore, today it is important to study the practice of its formation and development.Goal: based on the analysis of the normative framework of the peace courts functioning in 1917-1919, their judicial practices and conditions of activity, to determine the degree of effectiveness of local justice and its role in establishing the rule of law and order in the Volyn province during the National Revolution.Results After the formation of the Ukrainian governments, the judicial reforms were launched, which changed the structure and competence of local courts. In 1917-1919, the Higher Regional Courts were closed, and their cases were transferred to peace courts. From 1919, the latter could consider the claims worth up to 10,000 rubles and criminal cases with losses of up to 60,000 rubles. Peace judge Petro Ilkevich, commenting on these changes, with pride and sadness said: "No state in the world has such a judicial individual power with such an extensive competency as our peace justice!" The judge's doubts and anxieties were due to big amounts work that judges had to perform then.The Ukrainization of the judicial process became a difficult issue during the judicial reform. The relevant law was adopted on March 1st, 1918, but it was not fully implemented. The shortage of funds, professionals and time prevented its implementation. However, given the enthusiasm of the Volyn judges, their documentation was conducted in Ukrainian already in 1918. The increased attention to the jurisdiction normalization and the improvement of the judicial system testified the Government's desire to ensure the priority of the laws and their strict observance by practical steps. At the same time, the complicated internal political situation, that forced the government to balance on the verge and find compromises, did not allow to fully control the implementation of laws on the ground. The implementation of legislative innovations, as practice shows, completely depended on the initiative and commitment of regional managers and officials, including judges, to the Ukrainian endeavor.The overthrow of autocracy and the proclamation of the national power in the face of the Central Rada, along with the wave of popular upheaval and revolutionary enthusiasm, caused the growth of crime, looting and local anarchy. In 1917-1919, one judge at Zhytomyr Peace Congress on average considered 404 criminal and 287 civil cases, with 60% of the proceedings being completed within two or three months, 39.5% lasting to six months and only 0.5% due to independent reasons lasting more than a year. At the same time, only 7% of the sentences were appealed in higher courts. These indicators convincingly prove the effectiveness of the legal process and the professionalism of the judges who made decisions regardless of the political conjuncture, taking into account only the laws and the sense of justice.Difficult financial situation made it complicated for peace judges to fulfill their duties. For example, V. Lebedinsky, the head of the peace congress, wrote: "Although the judge is a representative of the supreme power in the province, but is forced to lead a poverty-like life – ragged clothes, unable to provide a decent education to his children, be treated if necessary and hold servants, he lives half-starved." The housing issue also remained unresolved. The influx of refugees to the province, as well as the destruction of buildings through military operations, made it virtually impossible to rent a decent room for the court The buildings for courts were allocated on a residual principle, which meant their low quality and high cost. Due to small salaries, the court offices remained without scribes and secretaries. This made judges, tired of their direct duties, stay late in the evening to complete the documents themselves.Conclusion. In 1917-1919s, the Volyn peace courts continued to administer justice in the region and provide qualified legal assistance to the population. Ukrainian governments have taken measures to build the structure and increase the competence of local courts, but ignored the logistical support of judicial activities. At the same time, education, rich professional and life experience helped peace judges partially solve these difficulties.

Daggers from the Middle AgesOn entering the front door to Moesgård’s 226 year old main building, some of the first objects to meet one’s eyes are two magnificent white mineral cabinets in Louis XVI style. These beautiful cabinets are among the oldest pieces of furniture at Moesgård. They originate from Christian Frederik Güldencrone’s time (1741-88) and contain now – as then – a mineralogical collection (fig. 1). In a lower drawer of one of the cabinets there are, however, two daggers that have nothing to do with this collection and which must have been added on a later occasion.The types of dagger which will be dealt with here are the kidney dagger and the so-called lansquenet dagger mentioned below. They have their origins in the ­Middle Ages and they are, due to their form, closely linked with the military equipment, especially the plate armour, increasingly in vogue during the 14th century. When the dagger became part of the knight’s armament it was in order for it to be used in hand-to-hand fighting. With its strong and rigid blade, the dagger could be pushed between the plates of a fallen knight’s armour, enabling the final and decisive coup de grâce to be given (fig. 2). The military zenith of the dagger was in the 14th-15th centuries.Daggers are often difficult to date. Many have been recovered from bogs and lakes and a great number do not have any associated information about their origin. As a consequence, the typological chrono­logies that have been produced are rather coarse-grained and are mainly based on pictorial sources and collections of historical weapons (fig. 3).One of the daggers is a double-edged kidney dagger, listed as No. 6 in the catalogue (fig. 4). The length of the dagger is 30 cm, of which 10.5 cm comprises the grip and 19.5 cm the blade. The grip is made of root wood, while the blade is of iron. The blade is rather slender, no more than 1.4 cm at its widest. No smith’s stamp or mark is ­visible. Below each kidney, ­traces of a now missing quillon-plate can be seen; this was often curved or wing-shaped. The guard had been attached to the kidneys by way of two sprigs. At the end of the hilt, a knob or boss has been carved out of the root wood and between the boss and hilt runs a bead which is now somewhat effaced. X-­radiography reveals that the dagger has no real tang.The kidney dagger was quite often depicted in medieval times. An illustration in the so-called “Kristina Psalter”, thought to have been produced in Paris about AD 1230, is usually recognised as the oldest image of a kidney dagger. The dagger referred to is, however, very difficult to recognise as a kidney dagger; it is more probably of the high medieval dagger type – the cultellus. More certainty surrounds another rendition of a kidney dagger – that seen on Duke Christopher’s sepulchral monument from the AD 1360s in Roskilde Cathedral. This is usually regarded as Denmark’s oldest, securely dated kidney dagger (fig. 5). Another example to which attention is always drawn is the dagger shown at Valdemar Atterdag’s side on a fresco from about AD 1375 in St Peder’s Church in Næstved (fig. 6). The Moesgård dagger is dated to the period from the last quarter of the 14th century to the end of the 15th century.The kidney dagger has an interesting cultural history, not exclusively involving the art of war. Daggers become part of the rather dandified men’s fashion of the 15th century where the dagger was worn at front, hung on a belt. As can be imagined, it is no longer the kidneys one thinks about when seeing the dagger! This was also clear at the time; in England the dagger was referred to as the ballock dagger and in France dague á couilettes (fig. 7).The other dagger from the Moesgård cabinet is a so-called lansquenet dagger, listed as No. 17 in the catalogue. Like the kidney dagger this is a double-edged weapon (fig. 8). It is reminiscent of a small sword with short, straight or slightly bent quillons. The length of the dagger is 36.5 cm, of which the grip comprises 11 cm and the blade 25.5 cm. At the end of the tang a cone-shaped pommel with spiral grooves can be seen; this feature is repeated in the quillon terminals. Between quillon and tang, and between pommel and tang, narrow bronze casings can be seen – the last remnants of the lost grip. The double-edged blade, which has a maximum width of 2.1 cm, has a very strongly accentuated back; the cross-section between back and blade is almost concave.During the 15th century the composition and structure of armies gradually changed so that, with time, the heavily armoured cavalry were replaced by lighter infantry, armed with spears, swords and halberds. The infantry became more professional and in Germany, in the 15th century, were referred to as mercenaries; it is probably here that this type of dagger originated. There are several types of the so-called lansquenet dagger; variation is seen primarily in the shape and construction of the guard, but also the shape of the grip. Information from better preserved examples of the type, to which the Moesgård dagger belongs, suggests that the missing grip was probably of wood and was baluster-shaped. The sheath for a this type of dagger was often rather special, being made of wood and having a circular or oval cross-section and often several rows of horizontal beading. Some examples are iron-plated and heavy, and could be used as clubs in self-defence. The Moesgård dagger is dated to the 16th century, probably towards the end of the century.One further dagger, or rather the grip from a dagger, will also be dealt with here. This artefact was not, however, found in Dahl’s mineral cabinets but during an excavation alongside Århus Å in 2002. The degraded grip is made from a bovine metatarsal, carved to resemble twisted rope. It is listed in the catalogue as No. 7 (fig. 9). The grip is 10.3 cm long. The bone has been split lengthways and only the hint of one kidney is preserved. The artefact is dated to the latter half of the 15th century. The actual prototype for this piece is to be found among the magnificent daggers with grips fashioned from twisted bars of precious metal. In the earlier literature this type is dated to the 14th century but the ­evidence now indicates that it belongs to the latter half of the 15th century.Is a catalogue of the kidney and so-called lansquenet daggers from the Middle Ages and the Renaissance, which are either kept at museums in the Århus area or were found within Moesgård Museum’s area of archaeological responsibility. The main part of the collection is kept at Den Gamle By in Aarhus, and some of these daggers were previously published by A. Bruhn in 1950. Eighteen kidney and mercenary daggers are catalogued; further to these are six daggers, which cannot be assigned more precisely to type. Seven daggers are of unknown origin. It should be noted that 10 out of the remaining 17 daggers were found either in a lake, watercourse or bog. This significantly high proportion is probably not just due chance but no real investigation has ever been carried out into this phenomenon. Only two of the daggers were found during actual archaeological excavations.Lars Krants LarsenMoesgård Museum

The process of development of Polish constitutionalism is considered in the work. The first legal act, which had the features of the Constitution were the Articles of King Henry of Valois. The reason for preparing this document was the need to conclude an agreement between the heir to the French throne and the Polish nobility, who wanted to preserve their rights and freedoms. The content of this document was influenced by the Great Charter of Freedoms «Magna Garta» of 1215, which reflected the mechanism of limiting state power through the establishment of material and procedural requirements for its implementation. In order to conduct a comparative analysis of the Constitutions adopted in Poland, the method of quantitative indicators proposed by O. L. Kopylenko and B. V. Kindyuk was used, which calculated the number of signs in different articles, chapters, sections, parts of regulations. According to this methodology, the Articles focused on the work of the Seimas – 17%, military issues – 6.7%, the judiciary – 5.6%. In jurisprudence, it is common to distinguish four main stages of the formation of constitutionalism: I generation – the end of the XVIII century. — the beginning of the XIX century; II generation — the period after the First World War; III generation — the stage after the end of the Second World War; Generation IV – the time after the collapse of the USSR. Based on this classification, the Polish Constitutions belong to the first generation: the Constitution of May 3, 1791; Constitution of the Duchy of Warsaw of 1807; Constitution of the Kingdom of Poland in 1815. The Constitutions of the first generation include: the Constitution of May 3, 1791; Constitution of 1807; Constitution of the Kingdom of Poland in 1815. The constitutions of the second generation were adopted in the period after the end of the First World War, they reflected the processes of democratization of social and democratic life of countries and enshrined a significant amount of socio-economic human rights. Based on this classification, this group includes: the Constitution of the Polish People’s Republic of 1919; Constitution of the Republic of Poland of 1921; Constitution of the Republic of Poland of 1935. The constitutions of the third generation were adopted in the period after the end of the Second World War, and their content reflected the doctrine of the liberal model. Formally, this group included the Constitution of the Polish People’s Republic of 1952, but it was adopted during the Soviet occupation and introduced the Stalinist model of constitutional relations in the country. Generations of the IV generation were adopted after the collapse of the Soviet empire and reflected a new stage of state formation. In Poland, such a constitutional act was the 1997 Constitution of the Republic of Poland, which was to ensure the transition from a socialist model to a market democratic state governed by the rule of law, the stabilization of national statehood and the proclamation of accession to the European Union. The next stage of the study is a comparative analysis of the quantitative indicators of the Polish Constitutions, which showed that the total number of signs during this historical period varied from the minimum in the Articles of Heinrich Valois — 14 640 zn. to the maximum — 89 524 zn. in the Constitution of the Republic of Poland in 1997. An important indicator of the structure of constitutional acts is the number of articles (articles), which varied in a fairly wide range from 12 in the Constitution of 1791 to 243 in the Constitution of the Republic of Poland in 1997. Key words: Polish constitutionalism, quantitative indicators, comparative analysis, Articles by Heinrich Valois, total number of characters.

Abstract. Innovation activity is a powerful catalyst for economic development, modernization of technology, production technology, improvement of management system that allow the enterprise to adapt its products, services to market demands, as well as reorganize the peacetime production economy into economy in special conditions, such as unpredictable military actions to preserve achievements of Ukraine, reduce costs, stabilize and improve financial and economic results and survive. Before the imposition of martial law, our country, together with the world, entered the era of the Fourth Industrial Revolution, where the technologies of IKT era were introduced. After the introduction, logistical problems were created, transport infrastructure was destroyed, and production processes were disrupted. An important part of the state social and economic policy is innovation policy. It is reflected in the various stages of the innovation revolution. This will solve the problems of the economic situation that arose after the war. Purpose. The aim of the article is consists of : - assessment of scientific approaches to the definition of the concept �innovation� - revealing the essence and interconnection of the concepts of novelty, newness, innovation; - consideration of the main stages of the innovation life cycle. Results. Today, the world is at the crossroads of systems, both social and political, and if half a century ago policy was directed at saving millions of people from hunger, begging and was supported by the state and global politics, today it works against humanity[17]. Theoretical and methodological foundations for the study of innovations were laid by such worldrenowned scientists � economists as P. Drucker [3] and leading domestic researchers Yu. M. Bazhal [1], Yu. A. Danilenko [2], M. I. Krupka [5], M. I. Tugan-Baranovsky [13], who did considerable payment not only for World economy but also for native economy. Conclusions. Analyzing various definitions of innovations, we can conclude that innovations are of paramount importance for economic and social development of the state; we can claim that foreign and domestic scientists pay much attention to research on various aspects of innovation sphere. Innovation is the end result of innovative activity, which is embodied in the form of a new or improved product launched on the market or an improved technological result used in the practice of the enterprise. Ukraine's economy has a budget deficit, declining national income, disrupted balance of payments and trade, relocation of business activity, which together determine the state's capabilities, both financial and legal, which needs to address many complex issues and implement both national and regional programs that require intellectual and material costs. The main aim of economic policy of our state is to increase the welfare of the population and increase national competitive goods. This requires the maintenance of stable relationships between education, science and business, which directs the direction of innovation. Ukraine�s economy is experiencing a decline in GDP, imbalances in the balance of payments. It determines the financial and legal capabilities of the state, helps to implement national and regional programs. Ukraine is a strong state that has the scientific, resource potential and desire to live.

Background. Musical culture of Kharkiv has a rich history associated with the names of prominent musicians such as R. Genika, I. Slatin and others. But the creative work of our senior contemporaries, artists, who created in the second half of the XX and early XXI century, made a great influence on the formation of the modern musical face of Kharkiv, the state of professional music education, too. O. I. Litvinov, a composer, pianist (as well as accordion player, performer on wind instruments), conductor and arranger, is no doubt among those artists. However, the creativity of this outstanding musician, who was actually the founder of professional jazz education in Kharkiv, is not currently the subject of widespread discussion in contemporary Ukrainian musicology. There are few sources that would cover O. I. Litvinov’s life and career. For the first time, he is mentioned as the founder of pops’n jazz performance department in a print publication dedicated to the 85th anniversary of KhNUA named after I. P. Kotlyarevsky. In the same context, O. Litvinov’s name is found in O. Kononova’s essay on the evolution of music education in Kharkiv in the jubilee edition dedicated to the 100th anniversary of the University. There is a biographical article in this very anniversary publication. In the earlier anniversary edition “Pro Domo mea” (on the 90th anniversary of the institution) there is some information about O. Litvinov regarding the history of the jazz department creation. Basic biographical data are briefly presented in the article of I. O. Litvinova in the Encyclopedia of Modern Ukraine. A small booklet dedicated to the major milestones of O. Litvinov’s life and creative work was published in the KhNUA (then KhSUA) named after I. P. Kotliarevskyi to mark the 75th anniversary of the musician. There are also several publications devoted mainly to specific dates in the creative life of the maestro (concerts, anniversaries, etc.): by H. Derev’ianko, L. Lohvynenko, M. Dvirnyi, A. Moshna, I. Polska, and O. Sadovnikova. Among purely research works devoted to this striking personality are the Master’s work by Yu. N. Shikova, which was written under the guidance of І. І. Polska at Kharkiv State Academy of Culture. The purpose of the article is to systematize existing information on the life and creative path of the prominent Kharkiv musician, give a brief description of the main features of his performing and composing style. Methods. The work employs historicobiographical, analytical and comparative methods, as well as a genre-stylistic approach. Results. O. Litvinov was born on November 17, 1927 in Zaporozhye. He received his elementary education at a piano music school. From 1943 to 1951 he was in military service, participated in the World War II. After the war, he continued to study music at Kharkiv Music College named after B. Lyatoshynsky, later at the Composition Faculty of Kharkiv Conservatory. He was expelled from there because of his passion for jazz. From 1951 he continued his musical activity as an artist of the MIA Variety Orchestra (in Dnepropetrovsk), in 1955–1956 he was a soloist of the Sakhalin Oblast Philharmonic and Khabarovsk Regional Philharmonic. In 1956–1958 he was the leader of the variety band of the Palace of Culture for Food–Industry Workers, in 1958–1961 he was the leader of the concert band of the Palace of Culture for Builders. From 1961 to 1973, he was the director of his own collective – Honoured Variety Ensemble “Kharkivyanka” at Kharkiv Electromechanical Plant. In 1965 he received the title of Honored Artist of Ukraine, in 1978 – People’s Artist. From 1973 to 1978 – Artistic Director and Conductor of the “Donbass”, Honored Mining Ensemble in Donetsk; from 1978 to 1980 – assistant at the Department of Cultural Studies, director of the Jazz Orchestra at Kharkiv Institute of Law. Since 1980 he worked permanently at Kharkiv I. P. Kotliarevskyi State Institute of Arts: first as a senior lecturer, later as an associate professor of the Chamber Ensemble Department, then as a professor of the Orchestra Wind Instruments Department. Since 1994 he created and headed the Department of Variety Orchestra Instruments, and at the same time he directed the variety-symphony orchestra of Kharkiv State Academy of Culture, the violin ensemble of the National Academy of Law named after Yaroslav the Wise. Since 1999 O. Litvinov was a full member of the Ukrainian Academy of Sciences of National Progress. In 2001 he became a diploma winner of the regional competition “Higher school of Kharkiv region – the best names” in the nomination “Head of Department”. In 2002 he was awarded the Honorary Medal of the Ministry of Culture and Arts of Ukraine. He died on March 15, 2007. O. Litvinov’s creative personality combines the image of composer, arranger, conductor, performer-multiinstrumentalist (apart from piano O. Litvinov played the accordion, organ, wind instruments, violin). O. Litvinov’s works employ the best achievements of world classics and Ukrainian academic music, in particular, the Kharkiv composition school, and embody the best features of jazz and, more broadly, variety music of the twentieth century. These stylistic origins often coexist organically in one piece by O. Litvinov. The performance style of O. Litvinov as a conductor is characterized by very clear, bright, emotional gestures, especially outstanding sounding of the orchestra, the ability to clearly show every change in the thematic development of the piece. The style of O. Litvinov’s arrangements was significantly influenced by the music of Hollywood films, the art of contemporary Soviet composers – Saulsky, Broslavsky, Pokrass, Dunaevskyi, jazz masters – Tsfasman, Utesov, Bernstein and others. Conclusions. O. Litvinov’s creative life was very bright and rich, and his musical activity was diverse and multifaceted. In the present works, the main focus is made more on the “polyphony” (according to A. Mizitova and A. Sadovnikova (2002, p. 17) of this life, its external events. Characteristics of the composer’s, performing, conducting styles of the artist are “inscribed” in this polyphony only as its “voices”. However, each of these voices needs, in our opinion, more detailed consideration. For example, O. Litvinov’s compositional heritage is very large, but only a few of his compositions are performed today and well known to the public. In fact, only one piece for violin ensemble (or for violin and piano), “Eternal Movement”, received true popularity among the performers and the public. Most other works are not published, and the fate of most scores is unclear. So, the direction of further research can be related to a more detailed study of some particular works of O. Litvinov that have survived as well as to deepening knowledge about his performing and pedagogical activity.

The Contract Disputes Act of 1978 (“CDA”) governs disputes “relating to a contract” between federal executive agencies and contractors. It establishes the process for parties to seek administrative remedies for claims under covered contracts. It also limits the right to judicial review of agency decisions to specific “boards of contract appeals” (“BCA”) and the United States Court of Federal Claims (“COFC”). According to the CDA’s sponsors, Congress enacted the law to bring reliability and order to a hodgepodge of conflicting and inconsistent rules for adjudicating contract disputes used by the various executive agencies. The law aimed to simplify the process for resolving agency-contractor disputes in light of the growing complexities and importance of Government procurement programs. In introducing the bill, its primary sponsor underscored the need for an efficient adjudicatory process in which both Government agencies and the contracting industries had confidence: One cannot dispute the almost universal expressions of industry and the practicing bar that the system needs change. A good remedies system is a major element in good procurement, and a good system depends not only on fairness and justice, but also on whether the people who are subject to the system believe it is fair and just. In some respects, the CDA fell short of providing a comprehensive framework for Government contract dispute resolution and its stated aim to “provide to the fullest extent practicable, informal, expeditious, and inexpensive resolution of disputes.” In particular, the Act did not prescribe any period of time for a party to submit an administrative claim for monetary or other relief after occurrence of the breach or other injury. After sixteen years and many complaints from both Government agencies and contractors about dealing with stale claims, Congress finally adopted a CDA limitations period as part of the Federal Acquisition Streamlining Act of 1994 (“FASA”). That statute of limitations, now codified at 41 U.S.C. §7103(a) (4), provides: Each claim by a contractor against the Federal Government relating to a contract and each claim by the Federal Government against a contractor relating to a contract shall be submitted within 6 years after the accrual of the claim. Decisions by BCAs and Federal Circuit courts under the CDA statute of limitations were relatively rare in the several years following the amendment. Since the early 2010s, however, the number of cases has skyrocketed. This spike in limitations disputes undoubtedly is attributable to the massive increase in military procurement following September 11, including unprecedented spending for goods and services in Afghanistan, Iraq, and other conflict zones. The sheer volume of defense contracts and contractual activity often made it difficult for the parties to recognize and submit claims within six years of the occurrence of the underlying facts. In a relatively short period of time, the tribunals with jurisdiction over defense contract litigation had to decide a large number of limitations disputes with little guidance from direct precedent or legislative or regulatory history. These circumstances have led to case law that is not always consistent in analysis or reconcilable in outcome. Part I of this Article provides an overview of the architecture and key features of the CDA. Part II examines the salient legislative and regulatory history surrounding the adoption of the CDA statute of limitations. Part III discusses when a CDA claim “accrues” and triggers the six-year time period for submitting a claim. In Part IV, we review some of the major issues that arise under the statute in significant and recurrent types of contractor-agency disputes. Part V concludes with a brief evaluation of whether the CDA statute measures up to the “long tradition of judicial authority to formulate rules ensuring fair and predictable enforcement of statutes of limitations.” Increasing litigation about limitations periods are challenging CDA tribunals to develop coherent and consistent criteria for parties to determine when the six-year period begins to run on their potential claims. Arguably, the trial judges have made that challenge more difficult by attempting to impose precedent under the Tucker Act’s non- discovery-accrual standard on FAR 31.201’s “discovery” rule language. That challenge has been compounded by a general tendency of the BCAs and COFCs to find that claims do not accrue until the claimant possesses the information on which the claim is based. It is reasonable to conclude that the decisional law has not matured to the ideal, and perhaps, idealistic, state of consisting of “rules ensuring fair and predictable enforcement of statutes of limitations.” It may also be observed that, despite the FAR Council’s express intent and “knew or should have known” definition of “accrual” in FAR 33.201, the decisional law to date has not developed or applied typical discovery rule analysis in examining the facts of the cases or in judgments whether claims are timely or untimely. With rare exception, the decisions have not dismissed as untimely claims based on when a claimant “should have known” or been aware of the relevant facts where the claimant did not have actual knowledge or possess the information showing that it had a claim. As a result, the precedent offers virtually no guidance on issues traditionally fundamental to a “reasonably should have learned” analysis, which include the following: (1) What information is sufficient to put a claimant on “notice”? (2) Does “notice” itself trigger the period (as Gray suggests), or does the statute initiate when a diligent claimant discovers the facts, or reasonably would have discovered the facts? (3) When and under what circumstances does a claimant have an affirmative duty to make a reasonable inquiry aimed towards “discovery” of potential claims? (4) When and under what circumstances may a claimant rely on the other party’s contractual duties to provide information in deter- mining the nature and extent of any “diligence” expected of the claimant? On a more fundamental level, however, the cases have never ad- dressed whether the FAR’s discovery rule definition of “accrual” appropriately serves as controlling over the definition of the otherwise undefined term “accrual” in section 7103(4)(a) of the CDA. The FAR Council undertook to define the word “accrue” in Section 4(a) pursuant to its general authority to promulgate regulations “as may be necessary to implement this Act,” and not in response to any specific delegation. The failure to examine whether the FAR Council’s adoption of its definition of “accrue” is sufficient under the recent Supreme Court decision relating to proper construction of statutory limitations provisions and, separately, deference to federal agencies in implementing regulations, raises questions of whether any “discovery rule” should apply in CDA statute of limitations cases. In several recent cases, the Supreme Court has sent a strong signal that the courts should not “graft” a “discovery rule” on the term “accrues” or the like in a federal statute of limitations absent “textual, historical, or equitable reasons” to do so. In Gabelli v. SEC, the SEC in 2008 filed a civil enforcement action against defendants for securities law violations between 1999 and 2002 and sought civil penalties, which are subject to a statute of limitations that require an action to be brought “within five years from the date when the claim first accrued.” The SEC argued that the statute is subject to a “discovery rule,” delaying accrual until it discovered or “could have been discovered with reasonable diligence.” The Court rejected that argument: “In common parlance a right accrues when it comes into existence . . . .” . . . Thus the “standard rule” is that a claim accrues “when the plaintiff has a complete and present cause of action.” . . . That rule has governed since the 1830’s when the predecessor to §2462 was enacted. . . . And that definition appears in dictionaries from the 19th century up until today. See, e.g., 1 A. Burrill, A Law Dictionary and Glossary 17 (1850) (“an action accrues when the plaintiff has a right to commence it”); Black’s Law Dictionary 23 (9th ed. 2009) (defining “accrue” as “[t]o come into existence as an enforce- able claim or right”). The Court added: “[T]he cases in which ‘a statute of limitation may be suspended by causes not mentioned in the statute itself . . . are very limited in character, and are to be admitted with great caution; other- wise the court would make the law instead of administering it.’” At a minimum, the CDA forums will need to address, if and when any litigant raises the question, whether “accrues” in section 7103(a) (4) (A) means (1) when the claimant “knew or should have known” of the cause, or (2) in light of Gabelli and other recent precedent, when the claimant “has a complete and present cause of action” regardless of the claimant’s state of mind. In this regard, while the FAR Council and the CDA forums have relied significantly on Tucker Act precedent, neither appears to have considered that, as in the CDA, the Tucker Act does not define “accrue,” and since its enactment, the federal courts consistently have construed “accrue” in the Tucker Act to mean the date when “when all the events have occurred which fix the alleged liability of the United States and entitle the claimant to institute an action.” The Supreme Court, moreover, recently clarified that under the Chevron deference analysis, “deference is not due [a regulatory definition of a statutory term] unless a ‘court, employing traditional tools of statutory construction,’ is left with an unresolved ambiguity. . . . Where . . . the canons supply an answer, ‘Chevron leaves the stage.’” Notably, there is no indication in the record that the FAR Council determined that the CDA statute’s use of “accrue” was “ambiguous,” or adopted its “discovery” definition standard to clarify an ambiguity. On the contrary, it noted the “discovery requirement must remain,” notwithstanding little support and much objection among commentators, because “many pricing defect cases have their original events at the beginning of the contract or on contract award, but often cannot be discovered by the Government until years later.” The CDA forum’s “discovery” rule, and the CDA forum’s default use of that definition, may be vulnerable in light of Gabelli, a growing hostility to Chevron deference, and the regulatory record.

Resumen: El presente artículo se encuentra dividido en cinco apartados que permiten que su lectura y comprensión sea mucho más amigable. Es interesante y entender que el tema del terrorismo es un tema de naturaleza dinámica y cambiante, en el artículo se estudiara los diferentes tipos de terrorismo que existe y el impacto que ha tenido en el establecimiento de los estados de seguridad pública, así como la afectación a los derechos humanos de las personas y los regímenes jurídicos en los cuales se tipifica esta figura. Abstract: This article is divides into five sections that allow its reading and understanding to be much more user-friendly. It is interesting to understand that the issue of terrorism is a dynamic and changing issue, the article will study the different types of terrorism that exist and the impact it has had on the establishment of states of publica security as well as the impact to the human rights of persons and the legal regimes in which this figure is typified. 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RESUMENEl año 2021 se ha cumplido el VIII centenario del nacimiento del rey Alfonso X, acontecimiento que tuvo lugar en la ciudad de Toledo el 23 de noviembre de 1221. Nos encontramos ante la figura de uno de los reyes medievales hispanos de mayor relevancia, tanto por las ideas políticas innovadoras que intentó aplicar, aunque no lo consiguió, como, sobre todo, por la gran actividad intelectual que bajo su patronazgo se llevó entonces a cabo y que le ha merecido el apelativo de Sabio como es conocido. Son muchos los historiadores que, desde distintas ópticas (el Arte, el Derecho, la Astronomía, la Música, la Literatura, etcétera) se han acercado a su figura, lo que ha repercutido en que contemos con una bibliografía muy numerosa y de una gran variedad temática. Palabras clave: Historiografía, Imperio alemán, Partidas, Cantigas, Toledo.Topografía: Castilla y León.Periodo: siglo XIII ABSTRACTThe year 2021 has been the eighth centenary of the birth of King Alfonso X, an event that took place in the city of Toledo on November 21, 1221. We are faced with the figure of one of the most important Hispanic medieval kings both for the innovative political ideas that he tried to apply, although he did not succeed, as, above all, because of the great intellectual activity that took place under his patronage then and that has earned him the nickname of Wise as he is known. There are many historians who, from different perspectives (Art, Law, Astronomy, Music, Literature, etc.) have approached his figure, which has resulted in our having a very numerous bibliography and a great thematic variety. Keywords: Historiography, German Empire, Partidas, Cantigas, ToledoToponyms: Castilla y LeónPeriod: 13th century REFERENCIASÁlvarez Martínez, R. 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On May 13th, 1807 lieutenant-general baron Friedrich Peter von Duka, the military commander in chief of the Banat, sent to the Court Council of War (Hofkriegsrat) an exhaustive demographic and economic statistic of the Banatic Military Border (the German-Banatic Regiment No. 12 with the military community in Panciova/Pančevo and the Romanian-Illyirc Regiment No. 13 with the military community in Biserica Albă/Bela Crkva). This very interesting document, preserved in Vienna at the Haus-, Hof- und Staatsarchiv, in the archival fund Hofreisen, was meant to be used in drawing up the so-called Constitution of the Austrian Military Border as of August 7th,1807. At the same time, it served as documentation to archduke Ludwig Joseph, appointed on November 1st, 1807 as inspector general of the Austrian Military Border (till 1809) and entrusted with the implementation of the new capital law for the border regiments in Croatia, Slavonia, Srem and the Banat. The statistic of May 13th, 1807 is very elaborated, including the whole Banatic Military Border and displaying information on the human resources as well as on the economic and fiscal revenues. In regard to the demographic data, general Duka’s statistic pointed out, that in the 160 villages, two military communities and one burgh of the Banatic Military Border lived at this time 157.164 inhabitants (81.028 males and 76.136 females). The population was almost equally distributed in the two regiments and military communities. As for the social structure of the population, the overwhelming majority consisted in peasant-border soldiers. It is very significant, that in general Duka’s statistic are pointed out, on one hand, the male children up to the age of 14 and the teenagers from 15 to 17 years as potentially becoming border-soldiers, on the other hand the married/unmarried males and widowers, as well as the peasant-soldiers ready to be enlisted.A special column is dedicated to depict the agricultural resources: fields, pastures, meadows, orchards and vegetable gardens, moors and sandy grounds. In connection to these, the statistic from 1807 shows the number of domestic animals: horses (divided in six different types), oxen, cows and sheep. By a thorough analysis of all such information, connected to prior or newer statistics (e. g. from 1803 and 1808), as well as throughout the whole presentation, it needs to be pointed out that the economy in the Banatic Military Border was mainly one of subsistence, offering very few opportunities to any export of products. At the same time, at the beginning of the 19th century, the German-Banatic Regiment No. 12 surpassed in many regards the Romanian-Illyric Regiment No. 13. Evidence to such fact is illustrated by general Duka’s statistic, ascertaining that the revenues in the German-Banatic Regiment were far higher to those in the Romanian-Illiric.

Problem setting. Ensuring constant access to humanitarian aid during military conflicts and complex emergencies has always been an important issue for politicians. Its solution is to guarantee the protection of civilians in times of danger and political instability. The practice of humanitarian negotiations led to the emergence of the concept of humanitarian diplomacy in the early 2000s. It was to persuade community leaders and high-ranking decision-makers to act in the interests of vulnerable populations in accordance with humanitarian principles. Humanitarian diplomacy is carried out by humanitarian actors and includes the organization of a safe presence of humanitarian organizations, access to negotiations with the civilian population, monitoring assistance programs, and respect for international law. The development of humanitarian aspects of diplomacy is linked to the protection of the most vulnerable groups – ethnic and religious minorities, women, children, refugees, victims of armed conflict, terrorism and environmental disasters. An important task facing scholars is to study the nature of diplomacy, the history of its development, as well as modern models and tools. Scholars draw attention to the need to return in international relations to the philosophy of morality and values. In our opinion, it is expedient to define the concept of humanitarian diplomacy, to show the formation and development of humanitarian diplomacy and the institute of humanitarian law, to consider the problems of humanitarian activity in the modern world. Analysis of recent researches and publications. K. Schmitt, H. Arendt, M. Foucault, D. Agamben, D. Butler, ES Gromoglasova, TV Zonova, OF Rusakova studied the strategic dimension of humanitarian diplomacy and humanitarian law in their works. In addition, the famous works of domestic scientists such as VF Antipenko, M. Gnatovsky, V. Gutnik, T. Korotky, A. Talalaev, O. Tiunov, I. Lukashuk, J. Zhukorska and others. Target of research is to define the concept of “humanitarian diplomacy”, analyze the historical development of the concept of humanitarian law and diplomacy, describe the current problems of functioning. Article’s main body. The article examines the prerequisites and features of the formation of humanitarian diplomacy and humanitarian law. The authors try to give a modern definition of “humanitarian diplomacy, analyze the historical development of the concept of international humanitarian law and diplomacy.” The role of international organizations in the implementation of humanitarian aid to vulnerable groups during armed conflicts is highlighted, the current problems of humanitarian diplomacy are described. Conclusions and prospects for the development. Given the above, the authors can conclude that the ways of formation and development of humanitarian diplomacy were quite difficult. Only in the middle of the XIX century were the norms and principles on the basis of which vulnerable groups are protected; the first international legal acts of humanitarian law were adopted; international organizations have sprung up to provide humanitarian assistance to all those in need. In modern conditions, in our opinion, humanitarian diplomacy is becoming a key element in providing assistance to all vulnerable groups, which is provided by many actors, such as states, international organizations, ordinary people and their initiatives.

This paper is a summary of my 700-page very academic thesis, in Danish, to be published by Aarhus University Press (AUP). A shorter booklet based on it was published by AUP too (November 2014, 250 pages) and so were a number of shorter articles in English, French and German. In Luhmann’s systems theory and in sociology at large there is a missing link consisting in the lack of a sociology of war. A number of German systems theoreticians use Luhmann’s theory to fill that gap. Yet Luhmann (born 1927), who was a soldier and a prisoner of war from age 15-17, would not write a “Der Krieg der Gesellschaft”. The attempt to narrow this lacuna is indeed a heavy burden and a difficult task, in which it is decisive firstly to get the basic distinctions right about a second order observation of war as a conflict system – to be distinct from a military organisational system. This, I do by beginning with a reconceptualization of Carl von Clausewitz’ form analysis and self-description of war from Vom Kriege (1832). The central point is to observe the self-reference of war, or how war became war about war. Conflict is basically a problem of essentially contested communication. Once this historical self-reference established around the 17th century was in place, war became delimited by its structural couplings to religion, mass media (propaganda), finance, welfare for victims and veterans, law, politics and other functional systems. The costs of war increased, reconstituted and transformed modern society in a way that has formed a range of risks and – of course – neglected blind spots.

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In Australia the “intimacy” of citizenship (Berlant 2), is often used to reinforce subscription to heteronormative romantic and familial structures. Because this framing promotes discourses of moral failure, recent political attention to sexuality and same-sex couples can be filtered through insights into coalitional affiliations. This paper uses contemporary shifts in Australian politics and culture to think through the concept of coalition, and in particular to analyse connections between sexuality and governmentality (or more specifically normative bias and same-sex relationships) in what I’m calling post-coalitional Australia. Against the unpredictability of changing parties and governments, allegiances and alliances, this paper suggests the continuing adherence to a heteronormatively arranged public sphere. After the current Australian Prime Minister Julia Gillard deposed the previous leader, Kevin Rudd, she clung to power with the help of independents and the Greens, and clichés of a “rainbow coalition” and a “new paradigm” were invoked to describe the confused electorate and governmental configuration. Yet in 2007, a less confused Australia decisively threw out the Howard–led Liberal and National Party coalition government after eleven years, in favour of Rudd’s own rainbow coalition: a seemingly invigorated party focussed on gender equity, Indigenous Australians, multi-cultural visibility, workplace relations, Austral-Asian relations, humane refugee processing, the environment, and the rights and obligations of same-sex couples. A post-coalitional Australia invokes something akin to “aftermath culture” (Lambert and Simpson), referring not just to Rudd’s fall or Howard’s election loss, but to the broader shifting contexts within which most Australian citizens live, and within which they make sense of the terms “Australia” and “Australian”. Contemporary Australia is marked everywhere by cracks in coalitions and shifts in allegiances and belief systems – the Coalition of the Willing falling apart, the coalition government crushed by defeat, deposed leaders, and unlikely political shifts and (re)alignments in the face of a hung parliament and renewed pushes toward moral and cultural change. These breakdowns in allegiances are followed by swift symbolically charged manoeuvres. Gillard moved quickly to repair relations with mining companies damaged by Rudd’s plans for a mining tax and to water down frustration with the lack of a sustainable Emissions Trading Scheme. And one of the first things Kevin Rudd did as Prime Minister was to change the fittings and furnishings in the Prime Ministerial office, of which Wright observed that “Mr Howard is gone and Prime Minister Kevin Rudd has moved in, the Parliament House bureaucracy has ensured all signs of the old-style gentlemen's club… have been banished” (The Age, 5 Dec. 2007). Some of these signs were soon replaced by Ms. Gillard herself, who filled the office in turn with memorabilia from her beloved Footscray, an Australian Rules football team. In post-coalitional Australia the exile of the old Menzies’ desk and a pair of Chesterfield sofas works alongside the withdrawal of troops from Iraq and renewed pledges for military presence in Afghanistan, apologising to stolen generations of Indigenous Australians, the first female Governor General, deputy Prime Minister and then Prime Minister (the last two both Gillard), the repealing of disadvantageous workplace reform, a focus on climate change and global warming (with limited success as stated), a public, mandatory paid maternity leave scheme, changes to the processing and visas of refugees, and the amendments to more than one hundred laws that discriminate against same sex couples by the pre-Gillard, Rudd-led Labor government. The context for these changes was encapsulated in an announcement from Rudd, made in March 2008: Our core organising principle as a Government is equality of opportunity. And advancing people and their opportunities in life, we are a Government which prides itself on being blind to gender, blind to economic background, blind to social background, blind to race, blind to sexuality. (Rudd, “International”) Noting the political possibilities and the political convenience of blindness, this paper navigates the confusing context of post-coalitional Australia, whilst proffering an understanding of some of the cultural forces at work in this age of shifting and unstable alliances. I begin by interrogating the coalitional impulse post 9/11. I do this by connecting public coalitional shifts to the steady withdrawal of support for John Howard’s coalition, and movement away from George Bush’s Coalition of the Willing and the War on Terror. I then draw out a relationship between the rise and fall of such affiliations and recent shifts within government policy affecting same-sex couples, from former Prime Minister Howard’s amendments to The Marriage Act 1961 to the Rudd-Gillard administration’s attention to the discrimination in many Australian laws. Sexual Citizenship and Coalitions Rights and entitlements have always been constructed and managed in ways that live out understandings of biopower and social death (Foucault History; Discipline). The disciplining of bodies, identities and pleasures is so deeply entrenched in government and law that any non-normative claim to rights requires the negotiation of existing structures. Sexual citizenship destabilises the post-coalitional paradigm of Australian politics (one of “equal opportunity” and consensus) by foregrounding the normative biases that similarly transcend partisan politics. Sexual citizenship has been well excavated in critical work from Evans, Berlant, Weeks, Richardson, and Bell and Binnie’s The Sexual Citizen which argues that “many of the current modes of the political articulation of sexual citizenship are marked by compromise; this is inherent in the very notion itself… the twinning of rights with responsibilities in the logic of citizenship is another way of expressing compromise… Every entitlement is freighted with a duty” (2-3). This logic extends to political and economic contexts, where “natural” coalition refers primarily to parties, and in particular those “who have powerful shared interests… make highly valuable trades, or who, as a unit, can extract significant value from others without much risk of being split” (Lax and Sebinius 158). Though the term is always in some way politicised, it need not refer only to partisan, multiparty or multilateral configurations. The subscription to the norms (or normativity) of a certain familial, social, religious, ethnic, or leisure groups is clearly coalitional (as in a home or a front, a club or a team, a committee or a congregation). Although coalition is interrogated in political and social sciences, it is examined frequently in mathematical game theory and behavioural psychology. In the former, as in Axelrod’s The Evolution of Cooperation, it refers to people (or players) who collaborate to successfully pursue their own self-interests, often in the absence of central authority. In behavioural psychology the focus is on group formations and their attendant strategies, biases and discriminations. Experimental psychologists have found “categorizing individuals into two social groups predisposes humans to discriminate… against the outgroup in both allocation of resources and evaluation of conduct” (Kurzban, Tooby and Cosmides 15387). The actions of social organisation (and not unseen individual, supposedly innate impulses) reflect the cultural norms in coalitional attachments – evidenced by the relationship between resources and conduct that unquestioningly grants and protects the rights and entitlements of the larger, heteronormatively aligned “ingroup”. Terror Management Particular attention has been paid to coalitional formations and discriminatory practices in America and the West since September 11, 2001. Terror Management Theory or TMT (Greenberg, Pyszczynski and Solomon) has been the main framework used to explain the post-9/11 reassertion of large group identities along ideological, religious, ethnic and violently nationalistic lines. Psychologists have used “death-related stimuli” to explain coalitional mentalities within the recent contexts of globalised terror. The fear of death that results in discriminatory excesses is referred to as “mortality salience”, with respect to the highly visible aspects of terror that expose people to the possibility of their own death or suffering. Naverette and Fessler find “participants… asked to contemplate their own deaths exhibit increases in positive evaluations of people whose attitudes and values are similar to their own, and derogation of those holding dissimilar views” (299). It was within the climate of post 9/11 “mortality salience” that then Prime Minister John Howard set out to change The Marriage Act 1961 and the Family Law Act 1975. In 2004, the Government modified the Marriage Act to eliminate flexibility with respect to the definition of marriage. Agitation for gay marriage was not as noticeable in Australia as it was in the U.S where Bush publicly rejected it, and the UK where the Civil Union Act 2004 had just been passed. Following Bush, Howard’s “queer moral panic” seemed the perfect decoy for the increased scrutiny of Australia’s involvement in the Iraq war. Howard’s changes included outlawing adoption for same-sex couples, and no recognition for legal same-sex marriages performed in other countries. The centrepiece was the wording of The Marriage Amendment Act 2004, with marriage now defined as a union “between a man and a woman to the exclusion of all others”. The legislation was referred to by the Australian Greens Senator Bob Brown as “hateful”, “the marriage discrimination act” and the “straight Australia policy” (Commonwealth 26556). The Labor Party, in opposition, allowed the changes to pass (in spite of vocal protests from one member) by concluding the legal status of same-sex relations was in no way affected, seemingly missing (in addition to the obvious symbolic and physical discrimination) the equation of same-sex recognition with terror, terrorism and death. Non-normative sexual citizenship was deployed as yet another form of “mortality salience”, made explicit in Howard’s description of the changes as necessary in protecting the sanctity of the “bedrock institution” of marriage and, wait for it, “providing for the survival of the species” (Knight, 5 Aug. 2003). So two things seem to be happening here: the first is that when confronted with the possibility of their own death (either through terrorism or gay marriage) people value those who are most like them, joining to devalue those who aren’t; the second is that the worldview (the larger religious, political, social perspectives to which people subscribe) becomes protection from the potential death that terror/queerness represents. Coalition of the (Un)willing Yet, if contemporary coalitions are formed through fear of death or species survival, how, for example, might these explain the various forms of risk-taking behaviours exhibited within Western democracies targeted by such terrors? Navarette and Fessler (309) argue that “affiliation defences are triggered by a wider variety of threats” than “existential anxiety” and that worldviews are “in turn are reliant on ‘normative conformity’” (308) or “normative bias” for social benefits and social inclusions, because “a normative orientation” demonstrates allegiance to the ingroup (308-9). Coalitions are founded in conformity to particular sets of norms, values, codes or belief systems. They are responses to adaptive challenges, particularly since September 11, not simply to death but more broadly to change. In troubled times, coalitions restore a shared sense of predictability. In Howard’s case, he seemed to say, “the War in Iraq is tricky but we have a bigger (same-sex) threat to deal with right now. So trust me on both fronts”. Coalitional change as reflective of adaptive responses thus serves the critical location of subsequent shifts in public support. Before and since September 11 Australians were beginning to distinguish between moderation and extremism, between Christian fundamentalism and productive forms of nationalism. Howard’s unwavering commitment to the American-led war in Iraq saw Australia become a member of another coalition: the Coalition of the Willing, a post 1990s term used to describe militaristic or humanitarian interventions in certain parts of the world by groups of countries. Howard (in Pauly and Lansford 70) committed Australia to America’s fight but also to “civilization's fight… of all who believe in progress and pluralism, tolerance and freedom”. Although Bush claimed an international balance of power and influence within the coalition (94), some countries refused to participate, many quickly withdrew, and many who signed did not even have troops. In Australia, the war was never particularly popular. In 2003, forty-two legal experts found the war contravened International Law as well as United Nations and Geneva conventions (Sydney Morning Herald 26 Feb. 2003). After the immeasurable loss of Iraqi life, and as the bodies of young American soldiers (and the occasional non-American) began to pile up, the official term “coalition of the willing” was quietly abandoned by the White House in January of 2005, replaced by a “smaller roster of 28 countries with troops in Iraq” (ABC News Online 22 Jan. 2005). The coalition and its larger war on terror placed John Howard within the context of coalitional confusion, that when combined with the domestic effects of economic and social policy, proved politically fatal. The problem was the unclear constitution of available coalitional configurations. Howard’s continued support of Bush and the war in Iraq compounded with rising interest rates, industrial relations reform and a seriously uncool approach to the environment and social inclusion, to shift perceptions of him from father of the nation to dangerous, dithery and disconnected old man. Post-Coalitional Change In contrast, before being elected Kevin Rudd sought to reframe Australian coalitional relationships. In 2006, he positions the Australian-United States alliance outside of the notion of military action and Western territorial integrity. In Rudd-speak the Howard-Bush-Blair “coalition of the willing” becomes F. Scott Fitzgerald’s “willingness of the heart”. The term coalition was replaced by terms such as dialogue and affiliation (Rudd, “Friends”). Since the 2007 election, Rudd moved quickly to distance himself from the agenda of the coalition government that preceded him, proposing changes in the spirit of “blindness” toward marginality and sexuality. “Fix-it-all” Rudd as he was christened (Sydney Morning Herald 29 Sep. 2008) and his Labor government began to confront the legacies of colonial history, industrial relations, refugee detention and climate change – by apologising to Aboriginal people, timetabling the withdrawal from Iraq, abolishing the employee bargaining system Workchoices, giving instant visas and lessening detention time for refugees, and signing the Kyoto Protocol agreeing (at least in principle) to reduce green house gas emissions. As stated earlier, post-coalitional Australia is not simply talking about sudden change but an extension and a confusion of what has gone on before (so that the term resembles postcolonial, poststructural and postmodern because it carries the practices and effects of the original term within it). The post-coalitional is still coalitional to the extent that we must ask: what remains the same in the midst of such visible changes? An American focus in international affairs, a Christian platform for social policy, an absence of financial compensation for the Aboriginal Australians who received such an eloquent apology, the lack of coherent and productive outcomes in the areas of asylum and climate change, and an impenetrable resistance to the idea of same-sex marriage are just some of the ways in which these new governments continue on from the previous one. The Rudd-Gillard government’s dealings with gay law reform and gay marriage exemplify the post-coalitional condition. Emulating Christ’s relationship to “the marginalised and the oppressed”, and with Gillard at his side, Rudd understandings of the Christian Gospel as a “social gospel” (Rudd, “Faith”; see also Randell-Moon) to table changes to laws discriminating against gay couples – guaranteeing hospital visits, social security benefits and access to superannuation, resembling de-facto hetero relationships but modelled on the administering and registration of relationships, or on tax laws that speak primarily to relations of financial dependence – with particular reference to children. The changes are based on the report, Same Sex, Same Entitlements (HREOC) that argues for the social competence of queer folk, with respect to money, property and reproduction. They speak the language of an equitable economics; one that still leaves healthy and childless couples with limited recognition and advantage but increased financial obligation. Unable to marry in Australia, same-sex couples are no longer single for taxation purposes, but are now simultaneously subject to forms of tax/income auditing and governmental revenue collection should either same-sex partner require assistance from social security as if they were married. Heteronormative Coalition Queer citizens can quietly stake their economic claims and in most states discreetly sign their names on a register before becoming invisible again. Mardi Gras happens but once a year after all. On the topic of gay marriage Rudd and Gillard have deferred to past policy and to the immoveable nature of the law (and to Howard’s particular changes to marriage law). That same respect is not extended to laws passed by Howard on industrial relations or border control. In spite of finding no gospel references to Jesus the Nazarene “expressly preaching against homosexuality” (Rudd, “Faith”), and pre-election promises that territories could govern themselves with respect to same sex partnerships, the Rudd-Gillard government in 2008 pressured the ACT to reduce its proposed partnership legislation to that of a relationship register like the ones in Tasmania and Victoria, and explicitly demanded that there be absolutely no ceremony – no mimicking of the real deal, of the larger, heterosexual citizens’ “ingroup”. Likewise, with respect to the reintroduction of same-sex marriage legislation by Greens senator Sarah Hanson Young in September 2010, Gillard has so far refused a conscience vote on the issue and restated the “marriage is between a man and a woman” rhetoric of her predecessors (Topsfield, 30 Sep. 2010). At the same time, she has agreed to conscience votes on euthanasia and openly declared bi-partisan (with the federal opposition) support for the war in Afghanistan. We see now, from Howard to Rudd and now Gillard, that there are some coalitions that override political differences. As psychologists have noted, “if the social benefits of norm adherence are the ultimate cause of the individual’s subscription to worldviews, then the focus and salience of a given individual’s ideology can be expected to vary as a function of their need to ally themselves with relevant others” (Navarette and Fessler 307). Where Howard invoked the “Judaeo-Christian tradition”, Rudd chose to cite a “Christian ethical framework” (Rudd, “Faith”), that saw him and Gillard end up in exactly the same place: same sex relationships should be reduced to that of medical care or financial dependence; that a public ceremony marking relationship recognition somehow equates to “mimicking” the already performative and symbolic heterosexual institution of marriage and the associated romantic and familial arrangements. Conclusion Post-coalitional Australia refers to the state of confusion borne of a new politics of equality and change. The shift in Australia from conservative to mildly socialist government(s) is not as sudden as Howard’s 2007 federal loss or as short-lived as Gillard’s hung parliament might respectively suggest. Whilst allegiance shifts, political parties find support is reliant on persistence as much as it is on change – they decide how to buffer and bolster the same coalitions (ones that continue to privilege white settlement, Christian belief systems, heteronormative familial and symbolic practices), but also how to practice policy and social responsibility in a different way. Rudd’s and Gillard’s arguments against the mimicry of heterosexual symbolism and the ceremonial validation of same-sex partnerships imply there is one originary form of conduct and an associated sacred set of symbols reserved for that larger ingroup. Like Howard before them, these post-coalitional leaders fail to recognise, as Butler eloquently argues, “gay is to straight not as copy is to original, but as copy is to copy” (31). To make claims to status and entitlements that invoke the messiness of non-normative sex acts and romantic attachments necessarily requires the negotiation of heteronormative coalitional bias (and in some ways a reinforcement of this social power). As Bell and Binnie have rightly observed, “that’s what the hard choices facing the sexual citizen are: the push towards rights claims that make dissident sexualities fit into heterosexual culture, by demanding equality and recognition, versus the demand to reject settling for heteronormativity” (141). The new Australian political “blindness” toward discrimination produces positive outcomes whilst it explicitly reanimates the histories of oppression it seeks to redress. The New South Wales parliament recently voted to allow same-sex adoption with the proviso that concerned parties could choose not to adopt to gay couples. The Tasmanian government voted to recognise same-sex marriages and unions from outside Australia, in the absence of same-sex marriage beyond the current registration arrangements in its own state. In post-coalitional Australia the issue of same-sex partnership recognition pits parties and allegiances against each other and against themselves from within (inside Gillard’s “rainbow coalition” the Rainbow ALP group now unites gay people within the government’s own party). Gillard has hinted any new proposed legislation regarding same-sex marriage may not even come before parliament for debate, as it deals with real business. Perhaps the answer lies over the rainbow (coalition). As the saying goes, “there are none so blind as those that will not see”. References ABC News Online. “Whitehouse Scraps Coalition of the Willing List.” 22 Jan. 2005. 1 July 2007 ‹http://www.abc.net.au/news/newsitems/200501/s1286872.htm›. Axelrod, Robert. The Evolution of Cooperation. New York: Basic Books, 1984. Berlant, Lauren. The Queen of America Goes to Washington City: Essays on Sex and Citizenship. Durham: Duke University Press, 1997. Bell, David, and John Binnie. The Sexual Citizen: Queer Politics and Beyond. Cambridge, England: Polity, 2000. Butler, Judith. Gender Trouble: Feminism and the Subversion of Identity. New York: Routledge, 1990. Commonwealth of Australia. Parliamentary Debates. House of Representatives 12 Aug. 2004: 26556. (Bob Brown, Senator, Tasmania.) Evans, David T. Sexual Citizenship: The Material Construction of Sexualities. London: Routledge, 1993. Foucault, Michel. Discipline and Punish: The Birth of the Prison. Trans. A. Sheridan. London: Penguin, 1991. ———. The Will to Knowledge: The History of Sexuality. Vol. 1. Trans. Robert Hurley. London: Penguin, 1998. Greenberg, Jeff, Tom Pyszczynski, and Sheldon Solomon. “The Causes and Consequences of the Need for Self-Esteem: A Terror Management Theory.” Public Self, Private Self. Ed. Roy F. Baumeister. New York: Springer-Verlag, 1986. 189-212. Human Rights and Equal Opportunity Commission. Same-Sex: Same Entitlements Report. 2007. 21 Aug. 2007 ‹http://www.hreoc.gov.au/human_rights/samesex/report/index.html›. Kaplan, Morris. Sexual Justice: Democratic Citizenship and the Politics of Desire. New York: Routledge, 1997. Knight, Ben. “Howard and Costello Reject Gay Marriage.” ABC Online 5 Aug. 2003. Kurzban, Robert, John Tooby, and Leda Cosmides. "Can Race Be Erased? Coalitional Computation and Social Categorization." Proceedings of the National Academy of Sciences 98.26 (2001): 15387–15392. Lambert, Anthony, and Catherine Simpson. "Jindabyne’s Haunted Alpine Country: Producing (an) Australian Badland." M/C Journal 11.5 (2008). 20 Oct. 2010 ‹http://journal.media-culture.org.au/index.php/mcjournal/article/view/81›. Lax, David A., and James K. Lebinius. “Thinking Coalitionally: Party Arithmetic Process Opportunism, and Strategic Sequencing.” Negotiation Analysis. Ed. H. Peyton Young. Michigan: University of Michigan Press, 1991. 153-194. Naverette, Carlos, and Daniel Fessler. “Normative Bias and Adaptive Challenges: A Relational Approach to Coalitional Psychology and a Critique of Terror Management Theory.” Evolutionary Psychology 3 (2005): 297-325. Pauly, Robert J., and Tom Lansford. Strategic Preemption: US Foreign Policy and Second Iraq War. Aldershot: Ashgate, 2005. Randall-Moon, Holly. "Neoliberal Governmentality with a Christian Twist: Religion and Social Security under the Howard-Led Australian Government." Eds. Michael Bailey and Guy Redden. Mediating Faiths: Religion and Socio- Cultural Change in the Twenty-First Century. Farnham: Ashgate, in press. Richardson, Diane. Rethinking Sexuality. London: Sage, 2000. Rudd, Kevin. “Faith in Politics.” The Monthly 17 (2006). 31 July 2007 ‹http://www.themonthly.com.au/monthly-essays-kevin-rudd-faith-politics--300›. Rudd, Kevin. “Friends of Australia, Friends of America, and Friends of the Alliance That Unites Us All.” Address to the 15th Australian-American Leadership Dialogue. The Australian, 24 Aug. 2007. 13 Mar. 2008 ‹http://www.theaustralian.com.au/national-affairs/climate/kevin-rudds-address/story-e6frg6xf-1111114253042›. Rudd, Kevin. “Address to International Women’s Day Morning Tea.” Old Parliament House, Canberra, 11 Mar. 2008. 1 Oct. 2010 ‹http://pmrudd.archive.dpmc.gov.au/node/5900›. Sydney Morning Herald. “Coalition of the Willing? Make That War Criminals.” 26 Feb. 2003. 1 July 2007 ‹http://www.smh.com.au/articles/2003/02/25/1046064028608.html›. Topsfield, Jewel. “Gillard Rules Out Conscience Vote on Gay Marriage.” The Age 30 Sep. 2010. 1 Oct. 2010 ‹http://www.theage.com.au/national/gillard-rules-out-conscience-vote-on-gay-marriage-20100929-15xgj.html›. Weeks, Jeffrey. "The Sexual Citizen." Theory, Culture and Society 15.3-4 (1998): 35-52. Wright, Tony. “Suite Revenge on Chesterfield.” The Age 5 Dec. 2007. 4 April 2008 ‹http://www.theage.com.au/news/national/suite-revenge-on-chesterfield/2007/12/04/1196530678384.html›.

Proponents of the free culture movement argue that contemporary, “over-zealous” copyright laws have an adverse affect on the freedoms of consumers and creators to make use of copyrighted materials. Lessig, McLeod, Vaidhyanathan, Demers, and Coombe, to name but a few, detail instances where creativity and consumer use have been hindered by copyright laws. The “intellectual land-grab” (Boyle, “Politics” 94), instigated by the increasing value of intangibles in the information age, has forced copyright owners to seek maximal protection for copyrighted materials. A propertarian approach seeks to imbue copyrighted materials with the same inalienable rights as real property, yet copyright is not a property right, because “the copyright owner … holds no ordinary chattel” (Dowling v. United States 473 US 207, 216 [1985]). A fundamental difference resides in the exclusivity of use: “If you eat my apple, then I cannot” but “if you “take” my idea, I still have it. If I tell you an idea, you have not deprived me of it. An unavoidable feature of intellectual property is that its consumption is non-rivalrous” (Lessig, Code 131). It is, as James Boyle notes, “different” to real property (Shamans 174). Vaidhyanathan observes, “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” (11). This paper explores the ways in which “property talk” has infiltrated copyright discourse and endangered the utility of the law in fostering free and diverse forms of creative expression. The possessiveness and exclusion that accompany “property talk” are difficult to reconcile with the utilitarian foundations of copyright. Transformative uses of copyrighted materials such as mashing, sampling and appropriative art are incompatible with a propertarian approach, subjecting freedom of creativity to arbitary licensing fees that often extend beyond the budget of creators (Collins). “Property talk” risks making transformative works an elitist form of creativity, available only to those with the financial resources necessary to meet the demands for licences. There is a wealth of decisions throughout American and English case law that sustain Vaidhyanathan’s argument (see for example, Donaldson v. Becket 17 Cobbett Parliamentary History, col. 953; 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].). As Lemley states, however, “Congress, the courts and commentators increasingly treat intellectual property as simply a species of real property rather than as a unique form of legal protection designed to deal with public goods problems” (1-2). Although section 106 of the Copyright Act 1976 grants exclusive rights, sections 107 to 112 provide freedoms beyond the control of the copyright owner, undermining the exclusivity of s.106. Australian law similarly grants exceptions to the exclusive rights granted in section 31. Exclusivity was a principal objective of the eighteenth century Stationers’ argument for a literary property right. Sir William Blackstone, largely responsible for many Anglo-American concepts concerning the construction of property law, defined property in absolutist terms as “that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the whole universe” (2). On the topic of reprints he staunchly argued an author “has clearly a right to dispose of that identical work as he pleases, and any attempt to take it from him, or vary the disposition he has made of it, is an invasion of his right of property” (405-6). Blackstonian copyright advanced an exclusive and perpetual property right. Blackstone’s interpretation of Lockean property theory argued for a copyright that extended beyond the author’s expression and encompassed the very “style” and “sentiments” held therein. (Tonson v. Collins [1760] 96 ER 189.) According to Locke, every Man has a Property in his own Person . . . The Labour of his Body and the Work of his hands, we may say, are properly his. Whatsoever then he removes out of the State that Nature hath provided and left it in, he hath mixed his Labour with, and joyned to it something that is his own, and thereby makes it his Property. (287-8) Blackstone’s inventive interpretation of Locke “analogised ideas, thoughts, and opinions with tangible objects to which title may be taken by occupancy under English common law” (Travis 783). Locke’s labour theory, however, is not easily applied to intangibles because occupancy or use is non-rivalrous. The appropriate extent of an author’s proprietary right in a work led Locke himself to a philosophical impasse (Bowrey 324). Although Blackstonian copyright was suppressed by the House of Lords in the eighteenth century (Donaldson v. Becket [1774] 17 Cobbett Parliamentary History, col. 953) and by the Supreme Court sixty years later (Wheaton v. Peters 33 US 591 [1834]), it has never wholly vacated copyright discourse. “Property talk” is undesirable in copyright discourse because it implicates totalitarian notions such as exclusion and inalienable private rights of ownership with no room for freedom of creativity or to use copyrighted materials for non-piracy related purposes. The notion that intellectual property is a species of property akin with real property is circulated by media companies seeking greater control over copyrighted materials, but the extent to which “property talk” has been adopted by the courts and scholars is troubling. Lemley (3-5) and Bell speculate whether the term “intellectual property” carries any responsibility for the propertisation of intangibles. A survey of federal court decisions between 1943 and 2003 reveals an exponential increase in the usage of the term. As noted by Samuelson (398) and Cohen (379), within the spheres of industry, culture, law, and politics the word “property” implies a broader scope of rights than those associated with a grant of limited monopoly. Music United claims “unauthorized reproduction and distribution of copyrighted music is JUST AS ILLEGAL AS SHOPLIFTING A CD”. James Brown argues sampling from his records is tantamount to theft: “Anything they take off my record is mine . . . Can I take a button off your shirt and put it on mine? Can I take a toenail off your foot – is that all right with you?” (Miller 1). Equating unauthorised copying with theft seeks to socially demonise activities occurring outside of the permission culture currently being fostered by inventive interpretations of the law. Increasing propagation of copyright as the personal property of the creator and/or copyright owner is instrumental in efforts to secure further legislative or judicial protection: Since 1909, courts and corporations have exploited public concern for rewarding established authors by steadily limiting the rights of readers, consumers, and emerging artists. All along, the author was deployed as a straw man in the debate. The unrewarded authorial genius was used as a rhetorical distraction that appealed to the American romantic individualism. (Vaidhyanathan 11) The “unrewarded authorial genius” was certainly tactically deployed in the eighteenth century in order to generate sympathy in pleas for further protection (Feather 71). Supporting the RIAA, artists including Britney Spears ask “Would you go into a CD store and steal a CD? It’s the same thing – people going into the computers and logging on and stealing our music”. The presence of a notable celebrity claiming file-sharing is equivalent to stealing their personal property is a more publicly acceptable spin on the major labels’ attempts to maintain a monopoly over music distribution. In 1997, Congress enacted the No Electronic Theft Act which extended copyright protection into the digital realm and introduced stricter penalties for electronic reproduction. The use of “theft” in the title clearly aligns the statute with a propertarian portrayal of intangibles. Most movie fans will have witnessed anti-piracy propaganda in the cinema and on DVDs. Analogies between stealing a bag and downloading movies blur fundamental distinctions in the rivalrous/non-rivalrous nature of tangibles and intangibles (Lessig Code, 131). Of critical significance is the infiltration of “property talk” into the courtrooms. In 1990 Judge Frank Easterbrook wrote: Patents give a right to exclude, just as the law of trespass does with real property … Old rhetoric about intellectual property equating to monopoly seemed to have vanished, replaced by a recognition that a right to exclude in intellectual property is no different in principle from the right to exclude in physical property … Except in the rarest case, we should treat intellectual and physical property identically in the law – which is where the broader currents are taking us. (109, 112, 118) Although Easterbrook refers to patents, his endorsement of “property talk” is cause for concern given the similarity with which patents and copyrights have been historically treated (Ou 41). In Grand Upright v. Warner Bros. Judge Kevin Duffy commenced his judgment with the admonishment “Thou shalt not steal”. Similarly, in Jarvis v. A&M Records the court stated “there can be no more brazen stealing of music than digital sampling”. This move towards a propertarian approach is misguided. It runs contrary to the utilitarian principles underpinning copyright ideology and marginalises freedoms protected by the fair use doctrine, hence Justice Blackman’s warning that “interference with copyright does not easily equate with” interference with real property (Dowling v. United States 473 US 207, 216 [1985]). The framing of copyright in terms of real property privileges private monopoly over, and to the detriment of, the public interest in free and diverse creativity as well as freedoms of personal use. It is paramount that when dealing with copyright cases, the courts remain aware that their decisions involve not pure economic regulation, but regulation of expression, and what may count as rational where economic regulation is at issue is not necessarily rational where we focus on expression – in a Nation constitutionally dedicated to the free dissemination of speech, information, learning and culture. (Eldred v. Ashcroft 537 US 186 [2003] [J. Breyer dissenting]). Copyright is the prize in a contest of property vs. policy. As Justice Blackman observed, an infringer invades a statutorily defined province guaranteed to the copyright holder alone. But he does not assume physical control over the copyright; nor does he wholly deprive its owner of its use. While one may colloquially link infringement with some general notion of wrongful appropriation, infringement plainly implicates a more complex set of property interests than does run-of-the-mill theft, conversion, or fraud. (Dowling v. United States 473 US 207, 217-218 [1985]). Copyright policy places a great deal of control and cultural determinism in the hands of the creative industries. Without balance, oppressive monopolies form on the back of rights granted for the welfare of society in general. If a society wants to be independent and rich in diverse forms of cultural production and free expression, then the courts cannot continue to apply the law from within a propertarian paradigm. The question of whether culture should be determined by control or freedom in the interests of a free society is one that rapidly requires close attention – “it’s no longer a philosophical question but a practical one”. References Bayat, Asef. “Un-Civil Society: The Politics of the ‘Informal People.’” Third World Quarterly 18.1 (1997): 53-72. Bell, T. W. “Author’s Welfare: Copyright as a Statutory Mechanism for Redistributing Rights.” Brooklyn Law Review 69 (2003): 229. Blackstone, W. Commentaries on the Laws of England: Volume II. New York: Garland Publishing, 1978. (Reprint of 1783 edition.) Boyle, J. Shamans, Software, and Spleens: Law and the Construction of the Information Society. Cambridge: Harvard UP, 1996. Boyle, J. “A Politics of Intellectual Property: Environmentalism for the Net?” Duke Law Journal 47 (1997): 87. Bowrey, K. “Who’s Writing Copyright’s History?” European Intellectual Property Review 18.6 (1996): 322. Cohen, J. “Overcoming Property: Does Copyright Trump Privacy?” University of Illinois Journal of Law, Technology & Policy 375 (2002). Collins, S. “Good Copy, Bad Copy.” (2005) M/C Journal 8.3 (2006). http://journal.media-culture.org.au/0507/02-collins.php>. Coombe, R. The Cultural Life of Intellectual Properties. Durham: Duke University Press, 1998. Demers, J. Steal This Music. Athens, Georgia: U of Georgia P, 2006. Easterbrook, F. H. “Intellectual Property Is Still Property.” (1990) Harvard Journal of Law & Public Policy 13 (1990): 108. Feather, J. Publishing, Piracy and Politics: An Historical Study of Copyright in Britain. London: Mansell, 1994. Lemley, M. “Property, Intellectual Property, and Free Riding.” Texas Law Review 83 (2005): 1031. Lessig, L. Code and Other Laws of Cyberspace. New York: Basic Books, 1999. Lessing, L. The Future of Ideas. New York: Random House, 2001. Lessig, L. Free Culture. New York: The Penguin Press, 2004. Locke, J. Two Treatises of Government. Ed. Peter Laslett. Cambridge, New York, Melbourne: Cambridge University Press, 1988. McLeod, K. “How Copyright Law Changed Hip Hop: An Interview with Public Enemy’s Chuck D and Hank Shocklee.” Stay Free (2002). 14 June 2006 http://www.stayfreemagazine.org/archives/20/public_enemy.html>. McLeod, K. “Confessions of an Intellectual (Property): Danger Mouse, Mickey Mouse, Sonny Bono, and My Long and Winding Path as a Copyright Activist-Academic.” Popular Music & Society 28 (2005): 79. McLeod, K. Freedom of Expression: Overzealous Copyright Bozos and Other Enemies of Creativity. United States: Doubleday Books, 2005. Miller, M.W. “Creativity Furor: High-Tech Alteration of Sights and Sounds Divides the Art World.” Wall Street Journal (1987): 1. Ou, T. “From Wheaton v. Peters to Eldred v. Reno: An Originalist Interpretation of the Copyright Clause.” Berkman Center for Internet & Society (2000). 14 June 2006 http://cyber.law.harvard.edu/openlaw/eldredvashcroft/cyber/OuEldred.pdf>. Samuelson, P. “Information as Property: Do Ruckelshaus and Carpenter Signal a Changing Direction in Intellectual Property Law?” Catholic University Law Review 38 (1989): 365. Travis, H. “Pirates of the Information Infrastructure: Blackstonian Copyright and the First Amendment.” Berkeley Technology Law Journal 15 (2000): 777. Vaidhyanathan, S. Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity. New York: New York UP, 2003. Citation reference for this article MLA Style Collins, Steve. "‘Property Talk’ and the Revival of Blackstonian Copyright." M/C Journal 9.4 (2006). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0609/5-collins.php>. APA Style Collins, S. (Sep. 2006) "‘Property Talk’ and the Revival of Blackstonian Copyright," M/C Journal, 9(4). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0609/5-collins.php>.

Introduction Crime fiction is one of the world’s most popular genres. Indeed, it has been estimated that as many as one in every three new novels, published in English, is classified within the crime fiction category (Knight xi). These new entrants to the market are forced to jostle for space on bookstore and library shelves with reprints of classic crime novels; such works placed in, often fierce, competition against their contemporaries as well as many of their predecessors. Raymond Chandler, in his well-known essay The Simple Art of Murder, noted Ernest Hemingway’s observation that “the good writer competes only with the dead. The good detective story writer […] competes not only with all the unburied dead but with all the hosts of the living as well” (3). In fact, there are so many examples of crime fiction works that, as early as the 1920s, one of the original ‘Queens of Crime’, Dorothy L. Sayers, complained: It is impossible to keep track of all the detective-stories produced to-day [sic]. Book upon book, magazine upon magazine pour out from the Press, crammed with murders, thefts, arsons, frauds, conspiracies, problems, puzzles, mysteries, thrills, maniacs, crooks, poisoners, forgers, garrotters, police, spies, secret-service men, detectives, until it seems that half the world must be engaged in setting riddles for the other half to solve (95). Twenty years after Sayers wrote on the matter of the vast quantities of crime fiction available, W.H. Auden wrote one of the more famous essays on the genre: The Guilty Vicarage: Notes on the Detective Story, by an Addict. Auden is, perhaps, better known as a poet but his connection to the crime fiction genre is undisputed. As well as his poetic works that reference crime fiction and commentaries on crime fiction, one of Auden’s fellow poets, Cecil Day-Lewis, wrote a series of crime fiction novels under the pseudonym Nicholas Blake: the central protagonist of these novels, Nigel Strangeways, was modelled upon Auden (Scaggs 27). Interestingly, some writers whose names are now synonymous with the genre, such as Edgar Allan Poe and Raymond Chandler, established the link between poetry and crime fiction many years before the publication of The Guilty Vicarage. Edmund Wilson suggested that “reading detective stories is simply a kind of vice that, for silliness and minor harmfulness, ranks somewhere between crossword puzzles and smoking” (395). In the first line of The Guilty Vicarage, Auden supports Wilson’s claim and confesses that: “For me, as for many others, the reading of detective stories is an addiction like tobacco or alcohol” (406). This indicates that the genre is at best a trivial pursuit, at worst a pursuit that is bad for your health and is, increasingly, socially unacceptable, while Auden’s ideas around taste—high and low—are made clear when he declares that “detective stories have nothing to do with works of art” (406). The debates that surround genre and taste are many and varied. The mid-1920s was a point in time which had witnessed crime fiction writers produce some of the finest examples of fiction to ever be published and when readers and publishers were watching, with anticipation, as a new generation of crime fiction writers were readying themselves to enter what would become known as the genre’s Golden Age. At this time, R. Austin Freeman wrote that: By the critic and the professedly literary person the detective story is apt to be dismissed contemptuously as outside the pale of literature, to be conceived of as a type of work produced by half-educated and wholly incompetent writers for consumption by office boys, factory girls, and other persons devoid of culture and literary taste (7). This article responds to Auden’s essay and explores how crime fiction appeals to many different tastes: tastes that are acquired, change over time, are embraced, or kept as guilty secrets. In addition, this article will challenge Auden’s very narrow definition of crime fiction and suggest how Auden’s religious imagery, deployed to explain why many people choose to read crime fiction, can be incorporated into a broader popular discourse on punishment. This latter argument demonstrates that a taste for crime fiction and a taste for justice are inextricably intertwined. Crime Fiction: A Type For Every Taste Cathy Cole has observed that “crime novels are housed in their own section in many bookshops, separated from literary novels much as you’d keep a child with measles away from the rest of the class” (116). Times have changed. So too, have our tastes. Crime fiction, once sequestered in corners, now demands vast tracts of prime real estate in bookstores allowing readers to “make their way to the appropriate shelves, and begin to browse […] sorting through a wide variety of very different types of novels” (Malmgren 115). This is a result of the sheer size of the genre, noted above, as well as the genre’s expanding scope. Indeed, those who worked to re-invent crime fiction in the 1800s could not have envisaged the “taxonomic exuberance” (Derrida 206) of the writers who have defined crime fiction sub-genres, as well as how readers would respond by not only wanting to read crime fiction but also wanting to read many different types of crime fiction tailored to their particular tastes. To understand the demand for this diversity, it is important to reflect upon some of the appeal factors of crime fiction for readers. Many rules have been promulgated for the writers of crime fiction to follow. Ronald Knox produced a set of 10 rules in 1928. These included Rule 3 “Not more than one secret room or passage is allowable”, and Rule 10 “Twin brothers, and doubles generally, must not appear unless we have been duly prepared for them” (194–6). In the same year, S.S. Van Dine produced another list of 20 rules, which included Rule 3 “There must be no love interest: The business in hand is to bring a criminal to the bar of justice, not to bring a lovelorn couple to the hymeneal altar”, and Rule 7 “There simply must be a corpse in a detective novel, and the deader the corpse the better” (189–93). Some of these directives have been deliberately ignored or have become out-of-date over time while others continue to be followed in contemporary crime writing practice. In sharp contrast, there are no rules for reading this genre. Individuals are, generally, free to choose what, where, when, why, and how they read crime fiction. There are, however, different appeal factors for readers. The most common of these appeal factors, often described as doorways, are story, setting, character, and language. As the following passage explains: The story doorway beckons those who enjoy reading to find out what happens next. The setting doorway opens widest for readers who enjoy being immersed in an evocation of place or time. The doorway of character is for readers who enjoy looking at the world through others’ eyes. Readers who most appreciate skilful writing enter through the doorway of language (Wyatt online). These doorways draw readers to the crime fiction genre. There are stories that allow us to easily predict what will come next or make us hold our breath until the very last page, the books that we will cheerfully lend to a family member or a friend and those that we keep close to hand to re-read again and again. There are settings as diverse as country manors, exotic locations, and familiar city streets, places we have been and others that we might want to explore. There are characters such as the accidental sleuth, the hardboiled detective, and the refined police officer, amongst many others, the men and women—complete with idiosyncrasies and flaws—who we have grown to admire and trust. There is also the language that all writers, regardless of genre, depend upon to tell their tales. In crime fiction, even the most basic task of describing where the murder victim was found can range from words that convey the genteel—“The room of the tragedy” (Christie 62)—to the absurd: “There it was, jammed between a pallet load of best export boneless beef and half a tonne of spring lamb” (Maloney 1). These appeal factors indicate why readers might choose crime fiction over another genre, or choose one type of crime fiction over another. Yet such factors fail to explain what crime fiction is or adequately answer why the genre is devoured in such vast quantities. Firstly, crime fiction stories are those in which there is the committing of a crime, or at least the suspicion of a crime (Cole), and the story that unfolds revolves around the efforts of an amateur or professional detective to solve that crime (Scaggs). Secondly, crime fiction offers the reassurance of resolution, a guarantee that from “previous experience and from certain cultural conventions associated with this genre that ultimately the mystery will be fully explained” (Zunshine 122). For Auden, the definition of the crime novel was quite specific, and he argued that referring to the genre by “the vulgar definition, ‘a Whodunit’ is correct” (407). Auden went on to offer a basic formula stating that: “a murder occurs; many are suspected; all but one suspect, who is the murderer, are eliminated; the murderer is arrested or dies” (407). The idea of a formula is certainly a useful one, particularly when production demands—in terms of both quality and quantity—are so high, because the formula facilitates creators in the “rapid and efficient production of new works” (Cawelti 9). For contemporary crime fiction readers, the doorways to reading, discussed briefly above, have been cast wide open. Stories relying upon the basic crime fiction formula as a foundation can be gothic tales, clue puzzles, forensic procedurals, spy thrillers, hardboiled narratives, or violent crime narratives, amongst many others. The settings can be quiet villages or busy metropolises, landscapes that readers actually inhabit or that provide a form of affordable tourism. These stories can be set in the past, the here and now, or the future. Characters can range from Edgar Allan Poe’s C. Auguste Dupin to Dashiell Hammett’s Sam Spade, from Agatha Christie’s Miss Jane Marple to Kerry Greenwood’s Honourable Phryne Fisher. Similarly, language can come in numerous styles from the direct (even rough) words of Carter Brown to the literary prose of Peter Temple. Anything is possible, meaning everything is available to readers. For Auden—although he required a crime to be committed and expected that crime to be resolved—these doorways were only slightly ajar. For him, the story had to be a Whodunit; the setting had to be rural England, though a college setting was also considered suitable; the characters had to be “eccentric (aesthetically interesting individuals) and good (instinctively ethical)” and there needed to be a “completely satisfactory detective” (Sherlock Holmes, Inspector French, and Father Brown were identified as “satisfactory”); and the language descriptive and detailed (406, 409, 408). To illustrate this point, Auden’s concept of crime fiction has been plotted on a taxonomy, below, that traces the genre’s main developments over a period of three centuries. As can be seen, much of what is, today, taken for granted as being classified as crime fiction is completely excluded from Auden’s ideal. Figure 1: Taxonomy of Crime Fiction (Adapted from Franks, Murder 136) Crime Fiction: A Personal Journey I discovered crime fiction the summer before I started high school when I saw the film version of The Big Sleep starring Humphrey Bogart and Lauren Bacall. A few days after I had seen the film I started reading the Raymond Chandler novel of the same title, featuring his famous detective Philip Marlowe, and was transfixed by the second paragraph: The main hallway of the Sternwood place was two stories high. Over the entrance doors, which would have let in a troop of Indian elephants, there was a broad stained-glass panel showing a knight in dark armour rescuing a lady who was tied to a tree and didn’t have any clothes on but some very long and convenient hair. The knight had pushed the visor of his helmet back to be sociable, and he was fiddling with the knots on the ropes that tied the lady to the tree and not getting anywhere. I stood there and thought that if I lived in the house, I would sooner or later have to climb up there and help him. He didn’t seem to be really trying (9). John Scaggs has written that this passage indicates Marlowe is an idealised figure, a knight of romance rewritten onto the mean streets of mid-20th century Los Angeles (62); a relocation Susan Roland calls a “secular form of the divinely sanctioned knight errant on a quest for metaphysical justice” (139): my kind of guy. Like many young people I looked for adventure and escape in books, a search that was realised with Raymond Chandler and his contemporaries. On the escapism scale, these men with their stories of tough-talking detectives taking on murderers and other criminals, law enforcement officers, and the occasional femme fatale, were certainly a sharp upgrade from C.S. Lewis and the Chronicles of Narnia. After reading the works written by the pioneers of the hardboiled and roman noir traditions, I looked to other American authors such as Edgar Allan Poe who, in the mid-1800s, became the father of the modern detective story, and Thorne Smith who, in the 1920s and 1930s, produced magical realist tales with characters who often chose to dabble on the wrong side of the law. This led me to the works of British crime writers including Arthur Conan Doyle, Agatha Christie, and Dorothy L. Sayers. My personal library then became dominated by Australian writers of crime fiction, from the stories of bushrangers and convicts of the Colonial era to contemporary tales of police and private investigators. There have been various attempts to “improve” or “refine” my tastes: to convince me that serious literature is real reading and frivolous fiction is merely a distraction. Certainly, the reading of those novels, often described as classics, provide perfect combinations of beauty and brilliance. Their narratives, however, do not often result in satisfactory endings. This routinely frustrates me because, while I understand the philosophical frameworks that many writers operate within, I believe the characters of such works are too often treated unfairly in the final pages. For example, at the end of Ernest Hemingway’s A Farewell to Arms, Frederick Henry “left the hospital and walked back to the hotel in the rain” after his son is stillborn and “Mrs Henry” becomes “very ill” and dies (292–93). Another example can be found on the last page of George Orwell’s Nineteen Eighty-Four when Winston Smith “gazed up at the enormous face” and he realised that he “loved Big Brother” (311). Endings such as these provide a space for reflection about the world around us but rarely spark an immediate response of how great that world is to live in (Franks Motive). The subject matter of crime fiction does not easily facilitate fairy-tale finishes, yet, people continue to read the genre because, generally, the concluding chapter will show that justice, of some form, will be done. Punishment will be meted out to the ‘bad characters’ that have broken society’s moral or legal laws; the ‘good characters’ may experience hardships and may suffer but they will, generally, prevail. Crime Fiction: A Taste For Justice Superimposed upon Auden’s parameters around crime fiction, are his ideas of the law in the real world and how such laws are interwoven with the Christian-based system of ethics. This can be seen in Auden’s listing of three classes of crime: “(a) offenses against God and one’s neighbor or neighbors; (b) offenses against God and society; (c) offenses against God” (407). Murder, in Auden’s opinion, is a class (b) offense: for the crime fiction novel, the society reflected within the story should be one in “a state of grace, i.e., a society where there is no need of the law, no contradiction between the aesthetic individual and the ethical universal, and where murder, therefore, is the unheard-of act which precipitates a crisis” (408). Additionally, in the crime novel “as in its mirror image, the Quest for the Grail, maps (the ritual of space) and timetables (the ritual of time) are desirable. Nature should reflect its human inhabitants, i.e., it should be the Great Good Place; for the more Eden-like it is, the greater the contradiction of murder” (408). Thus, as Charles J. Rzepka notes, “according to W.H. Auden, the ‘classical’ English detective story typically re-enacts rites of scapegoating and expulsion that affirm the innocence of a community of good people supposedly ignorant of evil” (12). This premise—of good versus evil—supports Auden’s claim that the punishment of wrongdoers, particularly those who claim the “right to be omnipotent” and commit murder (409), should be swift and final: As to the murderer’s end, of the three alternatives—execution, suicide, and madness—the first is preferable; for if he commits suicide he refuses to repent, and if he goes mad he cannot repent, but if he does not repent society cannot forgive. Execution, on the other hand, is the act of atonement by which the murderer is forgiven by society (409). The unilateral endorsement of state-sanctioned murder is problematic, however, because—of the main justifications for punishment: retribution; deterrence; incapacitation; and rehabilitation (Carter Snead 1245)—punishment, in this context, focuses exclusively upon retribution and deterrence, incapacitation is achieved by default, but the idea of rehabilitation is completely ignored. This, in turn, ignores how the reading of crime fiction can be incorporated into a broader popular discourse on punishment and how a taste for crime fiction and a taste for justice are inextricably intertwined. One of the ways to explore the connection between crime fiction and justice is through the lens of Emile Durkheim’s thesis on the conscience collective which proposes punishment is a process allowing for the demonstration of group norms and the strengthening of moral boundaries. David Garland, in summarising this thesis, states: So although the modern state has a near monopoly of penal violence and controls the administration of penalties, a much wider population feels itself to be involved in the process of punishment, and supplies the context of social support and valorization within which state punishment takes place (32). It is claimed here that this “much wider population” connecting with the task of punishment can be taken further. Crime fiction, above all other forms of literary production, which, for those who do not directly contribute to the maintenance of their respective legal systems, facilitates a feeling of active participation in the penalising of a variety of perpetrators: from the issuing of fines to incarceration (Franks Punishment). Crime fiction readers are therefore, temporarily at least, direct contributors to a more stable society: one that is clearly based upon right and wrong and reliant upon the conscience collective to maintain and reaffirm order. In this context, the reader is no longer alone, with only their crime fiction novel for company, but has become an active member of “a moral framework which binds individuals to each other and to its conventions and institutions” (Garland 51). This allows crime fiction, once viewed as a “vice” (Wilson 395) or an “addiction” (Auden 406), to be seen as playing a crucial role in the preservation of social mores. It has been argued “only the most literal of literary minds would dispute the claim that fictional characters help shape the way we think of ourselves, and hence help us articulate more clearly what it means to be human” (Galgut 190). Crime fiction focuses on what it means to be human, and how complex humans are, because stories of murders, and the men and women who perpetrate and solve them, comment on what drives some people to take a life and others to avenge that life which is lost and, by extension, engages with a broad community of readers around ideas of justice and punishment. It is, furthermore, argued here that the idea of the story is one of the more important doorways for crime fiction and, more specifically, the conclusions that these stories, traditionally, offer. For Auden, the ending should be one of restoration of the spirit, as he suspected that “the typical reader of detective stories is, like myself, a person who suffers from a sense of sin” (411). In this way, the “phantasy, then, which the detective story addict indulges is the phantasy of being restored to the Garden of Eden, to a state of innocence, where he may know love as love and not as the law” (412), indicating that it was not necessarily an accident that “the detective story has flourished most in predominantly Protestant countries” (408). Today, modern crime fiction is a “broad church, where talented authors raise questions and cast light on a variety of societal and other issues through the prism of an exciting, page-turning story” (Sisterson). Moreover, our tastes in crime fiction have been tempered by a growing fear of real crime, particularly murder, “a crime of unique horror” (Hitchens 200). This has seen some readers develop a taste for crime fiction that is not produced within a framework of ecclesiastical faith but is rather grounded in reliance upon those who enact punishment in both the fictional and real worlds. As P.D. James has written: [N]ot by luck or divine intervention, but by human ingenuity, human intelligence and human courage. It confirms our hope that, despite some evidence to the contrary, we live in a beneficent and moral universe in which problems can be solved by rational means and peace and order restored from communal or personal disruption and chaos (174). Dorothy L. Sayers, despite her work to legitimise crime fiction, wrote that there: “certainly does seem a possibility that the detective story will some time come to an end, simply because the public will have learnt all the tricks” (108). Of course, many readers have “learnt all the tricks”, or most of them. This does not, however, detract from the genre’s overall appeal. We have not grown bored with, or become tired of, the formula that revolves around good and evil, and justice and punishment. Quite the opposite. Our knowledge of, as well as our faith in, the genre’s “tricks” gives a level of confidence to readers who are looking for endings that punish murderers and other wrongdoers, allowing for more satisfactory conclusions than the, rather depressing, ends given to Mr. Henry and Mr. Smith by Ernest Hemingway and George Orwell noted above. Conclusion For some, the popularity of crime fiction is a curious case indeed. When Penguin and Collins published the Marsh Million—100,000 copies each of 10 Ngaio Marsh titles in 1949—the author’s relief at the success of the project was palpable when she commented that “it was pleasant to find detective fiction being discussed as a tolerable form of reading by people whose opinion one valued” (172). More recently, upon the announcement that a Miles Franklin Award would be given to Peter Temple for his crime novel Truth, John Sutherland, a former chairman of the judges for one of the world’s most famous literary awards, suggested that submitting a crime novel for the Booker Prize would be: “like putting a donkey into the Grand National”. Much like art, fashion, food, and home furnishings or any one of the innumerable fields of activity and endeavour that are subject to opinion, there will always be those within the world of fiction who claim positions as arbiters of taste. Yet reading is intensely personal. I like a strong, well-plotted story, appreciate a carefully researched setting, and can admire elegant language, but if a character is too difficult to embrace—if I find I cannot make an emotional connection, if I find myself ambivalent about their fate—then a book is discarded as not being to my taste. It is also important to recognise that some tastes are transient. Crime fiction stories that are popular today could be forgotten tomorrow. Some stories appeal to such a broad range of tastes they are immediately included in the crime fiction canon. Yet others evolve over time to accommodate widespread changes in taste (an excellent example of this can be seen in the continual re-imagining of the stories of Sherlock Holmes). Personal tastes also adapt to our experiences and our surroundings. A book that someone adores in their 20s might be dismissed in their 40s. A storyline that was meaningful when read abroad may lose some of its magic when read at home. Personal events, from a change in employment to the loss of a loved one, can also impact upon what we want to read. Similarly, world events, such as economic crises and military conflicts, can also influence our reading preferences. Auden professed an almost insatiable appetite for crime fiction, describing the reading of detective stories as an addiction, and listed a very specific set of criteria to define the Whodunit. Today, such self-imposed restrictions are rare as, while there are many rules for writing crime fiction, there are no rules for reading this (or any other) genre. People are, generally, free to choose what, where, when, why, and how they read crime fiction, and to follow the deliberate or whimsical paths that their tastes may lay down for them. Crime fiction writers, past and present, offer: an incredible array of detective stories from the locked room to the clue puzzle; settings that range from the English country estate to city skyscrapers in glamorous locations around the world; numerous characters from cerebral sleuths who can solve a crime in their living room over a nice, hot cup of tea to weapon wielding heroes who track down villains on foot in darkened alleyways; and, language that ranges from the cultured conversations from the novels of the genre’s Golden Age to the hard-hitting terminology of forensic and legal procedurals. Overlaid on these appeal factors is the capacity of crime fiction to feed a taste for justice: to engage, vicariously at least, in the establishment of a more stable society. Of course, there are those who turn to the genre for a temporary distraction, an occasional guilty pleasure. There are those who stumble across the genre by accident or deliberately seek it out. There are also those, like Auden, who are addicted to crime fiction. So there are corpses for the conservative and dead bodies for the bloodthirsty. There is, indeed, a murder victim, and a murder story, to suit every reader’s taste. References Auden, W.H. “The Guilty Vicarage: Notes on The Detective Story, By an Addict.” Harper’s Magazine May (1948): 406–12. 1 Dec. 2013 ‹http://www.harpers.org/archive/1948/05/0033206›. Carter Snead, O. “Memory and Punishment.” Vanderbilt Law Review 64.4 (2011): 1195–264. Cawelti, John G. Adventure, Mystery and Romance: Formula Stories as Art and Popular Culture. Chicago: U of Chicago P, 1976/1977. Chandler, Raymond. The Big Sleep. London: Penguin, 1939/1970. ––. The Simple Art of Murder. New York: Vintage Books, 1950/1988. Christie, Agatha. The Mysterious Affair at Styles. London: HarperCollins, 1920/2007. Cole, Cathy. Private Dicks and Feisty Chicks: An Interrogation of Crime Fiction. Fremantle: Curtin UP, 2004. Derrida, Jacques. “The Law of Genre.” Glyph 7 (1980): 202–32. Franks, Rachel. “May I Suggest Murder?: An Overview of Crime Fiction for Readers’ Advisory Services Staff.” Australian Library Journal 60.2 (2011): 133–43. ––. “Motive for Murder: Reading Crime Fiction.” The Australian Library and Information Association Biennial Conference. Sydney: Jul. 2012. ––. “Punishment by the Book: Delivering and Evading Punishment in Crime Fiction.” Inter-Disciplinary.Net 3rd Global Conference on Punishment. Oxford: Sep. 2013. Freeman, R.A. “The Art of the Detective Story.” The Art of the Mystery Story: A Collection of Critical Essays. Ed. Howard Haycraft. New York: Simon & Schuster, 1924/1947. 7–17. Galgut, E. “Poetic Faith and Prosaic Concerns: A Defense of Suspension of Disbelief.” South African Journal of Philosophy 21.3 (2002): 190–99. Garland, David. Punishment and Modern Society: A Study in Social Theory. Chicago: U of Chicago P, 1993. Hemingway, Ernest. A Farewell to Arms. London: Random House, 1929/2004. ––. in R. Chandler. The Simple Art of Murder. New York: Vintage Books, 1950/1988. Hitchens, P. A Brief History of Crime: The Decline of Order, Justice and Liberty in England. London: Atlantic Books, 2003. James, P.D. Talking About Detective Fiction. New York: Alfred A. Knopf, 2009. Knight, Stephen. Crime Fiction since 1800: Death, Detection, Diversity, 2nd ed. New York: Palgrave Macmillian, 2010. Knox, Ronald A. “Club Rules: The 10 Commandments for Detective Novelists, 1928.” Ronald Knox Society of North America. 1 Dec. 2013 ‹http://www.ronaldknoxsociety.com/detective.html›. Malmgren, C.D. “Anatomy of Murder: Mystery, Detective and Crime Fiction.” Journal of Popular Culture Spring (1997): 115–21. Maloney, Shane. The Murray Whelan Trilogy: Stiff, The Brush-Off and Nice Try. Melbourne: Text Publishing, 1994/2008. Marsh, Ngaio in J. Drayton. Ngaio Marsh: Her Life in Crime. Auckland: Harper Collins, 2008. Orwell, George. Nineteen Eighty-Four. London: Penguin Books, 1949/1989. Roland, Susan. From Agatha Christie to Ruth Rendell: British Women Writers in Detective and Crime Fiction. London: Palgrave, 2001. Rzepka, Charles J. Detective Fiction. Cambridge: Polity, 2005. Sayers, Dorothy L. “The Omnibus of Crime.” The Art of the Mystery Story: A Collection of Critical Essays. Ed. Howard Haycraft. New York: Simon & Schuster, 1928/1947. 71–109. Scaggs, John. Crime Fiction: The New Critical Idiom. London: Routledge, 2005. Sisterson, C. “Battle for the Marsh: Awards 2013.” Black Mask: Pulps, Noir and News of Same. 1 Jan. 2014 http://www.blackmask.com/category/awards-2013/ Sutherland, John. in A. Flood. “Could Miles Franklin turn the Booker Prize to Crime?” The Guardian. 1 Jan. 2014 ‹http://www.guardian.co.uk/books/2010/jun/25/miles-franklin-booker-prize-crime›. Van Dine, S.S. “Twenty Rules for Writing Detective Stories.” The Art of the Mystery Story: A Collection of Critical Essays. Ed. Howard Haycraft. New York: Simon & Schuster, 1928/1947. 189-93. Wilson, Edmund. “Who Cares Who Killed Roger Ackroyd.” The Art of the Mystery Story: A Collection of Critical Essays. Ed. Howard Haycraft. New York: Simon & Schuster, 1944/1947. 390–97. Wyatt, N. “Redefining RA: A RA Big Think.” Library Journal Online. 1 Jan. 2014 ‹http://lj.libraryjournal.com/2007/07/ljarchives/lj-series-redefining-ra-an-ra-big-think›. Zunshine, Lisa. Why We Read Fiction: Theory of Mind and the Novel. Columbus: Ohio State UP, 2006.

One of the greatest joys in watching Foxtel is to see all the crazy people who run talk shows. Judgement, ridicule and generalisations slip from their tongues like overcooked lamb off a bone. From Oprah to Rikki, from Jerry to Mother Love, the posterior of pop culture claims a world-wide audience. Recently, a new talk diva was added to the pay television stable. Dr Laura Schlessinger, the Mother of Morals, prowls the soundstage. attacking 'selfish acts' such as divorce, de facto relationships and voting Democrat. On April 11, 2001, a show aired in Australia that added a new demon to the decadence of the age. Dr Laura had been told that a disgusting video clip, called 'Rock DJ', had been televised at 2:30pm on MTV. Children could have been watching. The footage that so troubled our doyenne of daytime featured the British performer Robbie Williams not only stripping in front of disinterested women, but then removing skin, muscle and tissue in a desperate attempt to claim their gaze. This was too much for Dr Laura. She was horrified: her strident tone became piercing. She screeched, "this is si-ee-ck." . My paper is drawn to this sick masculinity, not to judge - but to laugh and theorise. Robbie Williams, the deity of levity, holds a pivotal role in theorising the contemporary 'crisis' of manhood. To paraphrase Austin Powers, Williams returned the ger to singer. But Williams also triumphed in a captivatingly original way. He is one of the few members of a boy band who created a successful solo career without regurgitating the middle of the road mantras of boys, girls, love, loss and whining about it. Williams' journey through post-war popular music, encompassing influences from both Sinatra and Sonique, forms a functional collage, rather than patchwork, of masculinity. He has been prepared to not only age in public, but to discuss the crevices and cracks in the facade. He strips, smokes, plays football, wears interesting underwear and drinks too much. My short paper trails behind this combustible masculinity, focussing on his sorties with both masculine modalities and the rock discourse. My words attack the gap between text and readership, beat and ear, music and men. The aim is to reveal how this 'sick masculinity' problematises the conservative rendering of men's crisis. Come follow me I'm an honorary Sean Connery, born '74 There's only one of me … Press be asking do I care for sodomy I don't know, yeah, probably I've been looking for serial monogamy Not some bird that looks like Billy Connolly But for now I'm down for ornithology Grab your binoculars, come follow me. 'Kids,' Robbie Williams Robbie Williams is a man for our age. Between dating supermodels and Geri 'Lost Spice' Halliwell [1], he has time to "love … his mum and a pint," (Ansen 85) but also subvert the Oasis cock(rock)tail by frocking up for a television appearance. Williams is important to theories of masculine representation. As a masculinity to think with, he creates popular culture with a history. In an era where Madonna practices yoga and wears cowboy boots, it is no surprise that by June 2000, Robbie Williams was voted the world's sexist man [2]. A few months later, in the October edition of Vogue, he posed in a British flag bikini. It is reassuring in an era where a 12 year old boy states that "You aren't a man until you shoot at something," (Issac in Mendel 19) that positive male role models exist who are prepared to both wear a frock and strip on national television. Reading Robbie Williams is like dipping into the most convincing but draining of intellectual texts. He is masculinity in motion, conveying foreignness, transgression and corruption, bartering in the polymorphous economies of sex, colonialism, race, gender and nation. His career has spanned the boy bands, try-hard rock, video star and hybrid pop performer. There are obvious resonances between the changes to Williams and alterations in masculinity. In 1988, Suzanne Moore described (the artist still known as) Prince as "the pimp of postmodernism." (165-166) Over a decade later, the simulacra has a new tour guide. Williams revels in the potency of representation. He rarely sings about love or romance, as was his sonic fodder in Take That. Instead, his performance is fixated on becoming a better man, glancing an analytical eye over other modes of masculinity. Notions of masculine crisis and sickness have punctuated this era. Men's studies is a boom area of cultural studies, dislodging the assumed structures of popular culture [3]. William Pollack's Real Boys has created a culture of changing expectations for men. The greater question arising from his concerns is why these problems, traumas and difficulties are emerging in our present. Pollack's argument is that boys and young men invest energy and time "disguising their deepest and most vulnerable feelings." (15) This masking is difficult to discern within dance and popular music. Through lyrics and dancing, videos and choreography, masculinity is revealed as convoluted, complex and fragmented. While rock music is legitimised by dominant ideologies, marginalised groups frequently use disempowered genres - like country, dance and rap genres - to present oppositional messages. These competing representations expose seamless interpretations of competent masculinity. Particular skills are necessary to rip the metaphoric pacifier out of the masculine mouth of popular culture. Patriarchal pop revels in the paradoxes of everyday life. Frequently these are nostalgic visions, which Kimmel described as a "retreat to a bygone era." (87) It is the recognition of a shared, simpler past that provides reinforcement to heteronormativity. Williams, as a gaffer tape masculinity, pulls apart the gaps and crevices in representation. Theorists must open the interpretative space encircling popular culture, disrupting normalising criteria. Multiple nodes of assessment allow a ranking of competent masculinity. From sport to business, drinking to sex, masculinity is transformed into a wired site of ranking, judgement and determination. Popular music swims in the spectacle of maleness. From David Lee Roth's skied splits to Eminem's beanie, young men are interpellated as subjects in patriarchy. Robbie Williams is a history lesson in post war masculinity. This nostalgia is conservative in nature. The ironic pastiche within his music videos features motor racing, heavy metal and Bond films. 'Rock DJ', the 'sick text' that vexed Doctor Laura, is Williams' most elaborate video. Set in a rollerdrome with female skaters encircling a central podium, the object of fascination and fetish is a male stripper. This strip is different though, as it disrupts the power held by men in phallocentralism. After being confronted by Williams' naked body, the observing women are both bored and disappointed at the lack-lustre deployment of masculine genitalia. After this display, Williams appears embarrassed, confused and humiliated. As Buchbinder realised, "No actual penis could every really measure up to the imagined sexual potency and social or magical power of the phallus." (49) To render this banal experience of male nudity ridiculous, Williams then proceeds to remove skin and muscle. He finally becomes an object of attraction for the female DJ only in skeletal form. By 'going all the way,' the strip confirms the predictability of masculinity and the ordinariness of the male body. For literate listeners though, a higher level of connotation is revealed. The song itself is based on Barry White's melody for 'It's ecstasy (when you lay down next to me).' Such intertextuality accesses the meta-racist excesses of a licentious black male sexuality. A white boy dancer must deliver an impotent, but ironic, rendering of White's (love unlimited) orchestration of potent sexuality. Williams' iconography and soundtrack is refreshing, emerging from an era of "men who cling … tightly to their illusions." (Faludi 14) When the ideological drapery is cut away, the male body is a major disappointment. Masculinity is an anxious performance. Fascinatingly, this deconstructive video has been demeaned through its labelling as pornography [4]. Oddly, a man who is prepared to - literally - shave the skin of masculinity is rendered offensive. Men's studies, like feminism, has been defrocking masculinity for some time. Robinson for example, expressed little sympathy for "whiny men jumping on the victimisation bandwagon or playing cowboys and Indians at warrior weekends and beating drums in sweat lodges." (6) By grating men's identity back to the body, the link between surface and depth - or identity and self - is forged. 'Rock DJ' attacks the new subjectivities of the male body by not only generating self-surveillance, but humour through the removal of clothes, skin and muscle. He continues this play with the symbols of masculine performance throughout the album Sing when you're winning. Featuring soccer photographs of players, coaches and fans, closer inspection of the images reveal that Robbie Williams is actually every character, in every role. His live show also enfolds diverse performances. Singing a version of 'My Way,' with cigarette in tow, he remixes Frank Sinatra into a replaying and recutting of masculine fabric. He follows one dominating masculinity with another: the Bond-inspired 'Millennium.' Some say that we are players Some say that we are pawns But we've been making money Since the day we were born Robbie Williams is comfortably located in a long history of post-Sinatra popular music. He mocks the rock ethos by combining guitars and drums with a gleaming brass section, hailing the lounge act of Dean Martin, while also using rap and dance samples. Although carrying fifty year's of crooner baggage, the spicy scent of homosexuality has also danced around Robbie Williams' career. Much of this ideology can be traced back to the Take That years. As Gary Barlow and Jason Orange commented at the time, Jason: So the rumour is we're all gay now are we? Gary: Am I gay? I am? Why? Oh good. Just as long as we know. Howard: Does anyone think I'm gay? Jason: No, you're the only one people think is straight. Howard: Why aren't I gay? What's wrong with me? Jason: It's because you're such a fine figure of macho manhood.(Kadis 17) For those not literate in the Take That discourse, it should come as no surprise that Howard was the TT equivalent of The Beatle's Ringo Starr or Duran Duran's Andy Taylor. Every boy band requires the ugly, shy member to make the others appear taller and more attractive. The inference of this dialogue is that the other members of the group are simply too handsome to be heterosexual. This ambiguous sexuality has followed Williams into his solo career, becoming fodder for those lads too unappealing to be homosexual: Oasis. Born to be mild I seem to spend my life Just waiting for the chorus 'Cause the verse is never nearly Good enough Robbie Williams "Singing for the lonely." Robbie Williams accesses a bigger, brighter and bolder future than Britpop. While the Gallagher brothers emulate and worship the icons of 1960s British music - from the Beatles' haircuts to the Stones' psychedelia - Williams' songs, videos and persona are chattering in a broader cultural field. From Noel Cowardesque allusions to the ordinariness of pub culture, Williams is much more than a pretty-boy singer. He has become an icon of English masculinity, enclosing all the complexity that these two terms convey. Williams' solo success from 1999-2001 occurred at the time of much parochial concern that British acts were not performing well in the American charts. It is bemusing to read Billboard over this period. The obvious quality of Britney Spears is seen to dwarf the mediocrity of British performers. The calibre of Fatboy Slim, carrying a smiley backpack stuffed with reflexive dance culture, is neither admitted nor discussed. It is becoming increasing strange to monitor the excessive fame of Williams in Britain, Europe, Asia and the Pacific when compared to his patchy career in the United States. Even some American magazines are trying to grasp the disparity. The swaggering king of Britpop sold a relatively measly 600,000 copies of his U.S. debut album, The ego has landed … Maybe Americans didn't appreciate his songs about being famous. (Ask Dr. Hip 72) In the first few years of the 2000s, it has been difficult to discuss a unified Anglo-American musical formation. Divergent discursive frameworks have emerged through this British evasion. There is no longer an agreed centre to the musical model. Throughout 1990s Britain, blackness jutted out of dance floor mixes, from reggae to dub, jazz and jungle. Plied with the coldness of techno was an almost too hot hip hop. Yet both were alternate trajectories to Cool Britannia. London once more became swinging, or as Vanity Fair declared, "the nerve centre of pop's most cohesive scene since the Pacific Northwest grunge explosion of 1991." (Kamp 102) Through Britpop, the clock turned back to the 1960s, a simpler time before race became 'a problem' for the nation. An affiliation was made between a New Labour, formed by the 1997 British election, and the rebirth of a Swinging London [5]. This style-driven empire supposedly - again - made London the centre of the world. Britpop was itself a misnaming. It was a strong sense of Englishness that permeated the lyrics, iconography and accent. Englishness requires a Britishness to invoke a sense of bigness and greatness. The contradictions and excesses of Blur, Oasis and Pulp resonate in the gap between centre and periphery, imperial core and colonised other. Slicing through the arrogance and anger of the Gallaghers is a yearning for colonial simplicity, when the pink portions of the map were the stable subjects of geography lessons, rather than the volatile embodiment of postcolonial theory. Simon Gikandi argues that "the central moments of English cultural identity were driven by doubts and disputes about the perimeters of the values that defined Englishness." (x) The reason that Britpop could not 'make it big' in the United States is because it was recycling an exhausted colonial dreaming. Two old Englands were duelling for ascendancy: the Oasis-inflected Manchester working class fought Blur-inspired London art school chic. This insular understanding of difference had serious social and cultural consequences. The only possible representation of white, British youth was a tabloidisation of Oasis's behaviour through swearing, drug excess and violence. Simon Reynolds realised that by returning to the three minute pop tune that the milkman can whistle, reinvoking parochial England with no black people, Britpop has turned its back defiantly on the future. (members.aol.com/blissout/Britpop.html) Fortunately, another future had already happened. The beats per minute were pulsating with an urgent affirmation of change, hybridity and difference. Hip hop and techno mapped a careful cartography of race. While rock was colonialisation by other means, hip hop enacted a decolonial imperative. Electronic dance music provided a unique rendering of identity throughout the 1990s. It was a mode of musical communication that moved across national and linguistic boundaries, far beyond Britpop or Stateside rock music. While the Anglo American military alliance was matched and shadowed by postwar popular culture, Brit-pop signalled the end of this hegemonic formation. From this point, English pop and American rock would not sail as smoothly over the Atlantic. While 1995 was the year of Wonderwall, by 1996 the Britpop bubble corroded the faces of the Gallagher brothers. Oasis was unable to complete the American tour. Yet other cultural forces were already active. 1996 was also the year of Trainspotting, with "Born Slippy" being the soundtrack for a blissful journey under the radar. This was a cultural force that no longer required America as a reference point [6]. Robbie Williams was able to integrate the histories of Britpop and dance culture, instigating a complex dialogue between the two. Still, concern peppered music and entertainment journals that British performers were not accessing 'America.' As Sharon Swart stated Britpop acts, on the other hand, are finding it less easy to crack the U.S. market. The Spice Girls may have made some early headway, but fellow purveyors of pop, such as Robbie Williams, can't seem to get satisfaction from American fans. (35 British performers had numerous cultural forces working against them. Flat global sales, the strength of the sterling and the slow response to the new technological opportunities of DVD, all caused problems. While Britpop "cleaned house," (Boehm 89) it was uncertain which cultural formation would replace this colonising force. Because of the complex dialogues between the rock discourse and dance culture, time and space were unable to align into a unified market. American critics simply could not grasp Robbie Williams' history, motives or iconography. It's Robbie's world, we just buy tickets for it. Unless, of course you're American and you don't know jack about soccer. That's the first mistake Williams makes - if indeed one of his goals is to break big in the U.S. (and I can't believe someone so ambitious would settle for less.) … Americans, it seems, are most fascinated by British pop when it presents a mirror image of American pop. (Woods 98 There is little sense that an entirely different musical economy now circulates, where making it big in the United States is not the singular marker of credibility. Williams' demonstrates commitment to the international market, focussing on MTV Asia, MTV online, New Zealand and Australian audiences [7]. The Gallagher brothers spent much of the 1990s trying to be John Lennon. While Noel, at times, knocked at the door of rock legends through "Wonderwall," he snubbed Williams' penchant for pop glory, describing him as a "fat dancer." (Gallagher in Orecklin 101) Dancing should not be decried so summarily. It conveys subtle nodes of bodily knowledge about men, women, sex and desire. While men are validated for bodily movement through sport, women's dancing remains a performance of voyeuristic attention. Such a divide is highly repressive of men who dance, with gayness infiltrating the metaphoric masculine dancefloor [8]. Too often the binary of male and female is enmeshed into the divide of rock and dance. Actually, these categories slide elegantly over each other. The male pop singers are located in a significant semiotic space. Robbie Williams carries these contradictions and controversy. NO! Robbie didn't go on NME's cover in a 'desperate' attempt to seduce nine-year old knickerwetters … YES! He used to be teenybopper fodder. SO WHAT?! So did the Beatles the Stones, the Who, the Kinks, etc blah blah pseudohistoricalrockbollocks. NO! Making music that gurlz like is NOT a crime! (Wells 62) There remains an uncertainty in his performance of masculinity and at times, a deliberate ambivalence. He grafts subversiveness into a specific lineage of English pop music. The aim for critics of popular music is to find a way to create a rhythm of resistance, rather than melody of credible meanings. In summoning an archaeology of the archive, we begin to write a popular music history. Suzanne Moore asked why men should "be interested in a sexual politics based on the frightfully old-fashioned ideas of truth, identity and history?" (175) The reason is now obvious. Femininity is no longer alone on the simulacra. It is impossible to separate real men from the representations of masculinity that dress the corporeal form. Popular music is pivotal, not for collapsing the representation into the real, but for making the space between these states livable, and pleasurable. Like all semiotic sicknesses, the damaged, beaten and bandaged masculinity of contemporary music swaddles a healing pedagogic formation. Robbie Williams enables the writing of a critical history of post Anglo-American music [9]. Popular music captures such stories of place and identity. Significantly though, it also opens out spaces of knowing. There is an investment in rhythm that transgresses national histories of music. While Williams has produced albums, singles, video and endless newspaper copy, his most important revelations are volatile and ephemeral in their impact. He increases the popular cultural vocabulary of masculinity. [1] The fame of both Williams and Halliwell was at such a level that it was reported in the generally conservative, pages of Marketing. The piece was titled "Will Geri's fling lose its fizz?" Marketing, August 2000: 17. [2] For poll results, please refer to "Winners and Losers," Time International, Vol. 155, Issue 23, June 12, 2000, 9 [3] For a discussion of this growth in academic discourse on masculinity, please refer to Paul Smith's "Introduction," in P. Smith (ed.), Boys: Masculinity in contemporary culture. Colorado: Westview Press, 1996. [4] Steve Futterman described Rock DJ as the "least alluring porn video on MTV," in "The best and worst: honour roll," Entertainment Weekly 574-575 (December 22-December 29 2000): 146. [5] Michael Bracewell stated that "pop provides an unofficial cartography of its host culture, charting the national mood, marking the crossroads between the major social trends and the tunnels of the zeitgeist," in "Britpop's coming home, it's coming home." New Statesman .(February 21 1997): 36. [6] It is important to make my point clear. The 'America' that I am summoning here is a popular cultural formation, which possesses little connection with the territory, institution or defence initiatives of the United States. Simon Frith made this distinction clear, when he stated that "the question becomes whether 'America' can continue to be the mythical locale of popular culture as it has been through most of this century. As I've suggested, there are reasons now to suppose that 'America' itself, as a pop cultural myth, no longer bears much resemblance to the USA as a real place even in the myth." This statement was made in "Anglo-America and its discontents," Cultural Studies 5 1991: 268. [7] To observe the scale of attention paid to the Asian and Pacific markets, please refer to http://robbiewilliams.com/july13scroll.html, http://robbiewilliams.com/july19scroll.html and http://robbiewilliams.com/july24scroll.html, accessed on March 3, 2001 [8] At its most naïve, J. Michael Bailey and Michael Oberschneider asked, "Why are gay men so motivated to dance? One hypothesis is that gay men dance in order to be feminine. In other words, gay men dance because women do. An alternative hypothesis is that gay men and women share a common factor in their emotional make-up that makes dancing especially enjoyable," from "Sexual orientation in professional dance," Archives of Sexual Behaviour. 26.4 (August 1997). Such an interpretation is particularly ludicrous when considering the pre-rock and roll masculine dancing rituals in the jive, Charleston and jitterbug. Once more, the history of rock music is obscuring the history of dance both before the mid 1950s and after acid house. [9] Women, gay men and black communities through much of the twentieth century have used these popular spaces. For example, Lynne Segal, in Slow Motion. London: Virago, 1990, stated that "through dancing, athletic and erotic performance, but most powerfully through music, Black men could express something about the body and its physicality, about emotions and their cosmic reach, rarely found in white culture - least of all in white male culture,": 191 References Ansen, D., Giles, J., Kroll, J., Gates, D. and Schoemer, K. "What's a handsome lad to do?" Newsweek 133.19 (May 10, 1999): 85. "Ask Dr. Hip." U.S. News and World Report 129.16 (October 23, 2000): 72. Bailey, J. Michael., and Oberschneider, Michael. "Sexual orientation in professional dance." Archives of Sexual Behaviour. 26.4 (August 1997):expanded academic database [fulltext]. Boehm, E. "Pop will beat itself up." Variety 373.5 (December 14, 1998): 89. Bracewell, Michael. "Britpop's coming home, it's coming home." New Statesman.(February 21 1997): 36. Buchbinder, David. Performance Anxieties .Sydney: Allen and Unwin, 1998. Faludi, Susan. Stiffed. London: Chatto and Windus, 1999. Frith, Simon. "Anglo-America and its discontents." Cultural Studies. 5 1991. Futterman, Steve. "The best and worst: honour roll." Entertainment Weekly, 574-575 (December 22-December 29 2000): 146. Gikandi, Simon. Maps of Englishness. New York: Columbia University Press, 1996. Kadis, Alex. Take That: In private. London: Virgin Books, 1994. Kamp, D. "London Swings! Again!" Vanity Fair ( March 1997): 102. Kimmel, Michael. Manhood in America. New York: The Free Press, 1996. Mendell, Adrienne. How men think. New York: Fawcett, 1996. Moore, Susan. "Getting a bit of the other - the pimps of postmodernism." In Rowena Chapman and Jonathan Rutherford (ed.) Male Order .London: Lawrence and Wishart, 1988. 165-175. Orecklin, Michele. "People." Time. 155.10 (March 13, 2000): 101. Pollack, William. Real boys. Melbourne: Scribe Publications, 1999. Reynolds, Simon. members.aol.com/blissout/britpop.html. Accessed on April 15, 2001. Robinson, David. No less a man. Bowling Green: Bowling Green State University, 1994. Segal, Lynne. Slow Motion. London: Virago, 1990. Smith, Paul. "Introduction" in P. Smith (ed.), Boys: Masculinity in contemporary culture. Colorado: Westview Press, 1996. Swart, S. "U.K. Showbiz" Variety.(December 11-17, 2000): 35. Sexton, Paul and Masson, Gordon. "Tips for Brits who want U.S. success" Billboard .(September 9 2000): 1. Wells, Steven. "Angst." NME.(November 21 1998): 62. "Will Geri's fling lose its fizz?" Marketing.(August 2000): 17. Woods, S. "Robbie Williams Sing when you're winning" The Village Voice. 45.52. 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Mortality and Community in Medieval and Early Modern Europe Lahtinen, Anu / Mia Korpiola (Hrsg.), Dying Prepared in Medieval and Early Modern Northern Europe (Ralf-Peter Fuchs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Dyer, Christopher / Erik Thoen / Tom Williamson (Hrsg.), Peasants and Their Fields. The Rationale of Open-Field Agriculture, c. 700–1800 (Werner Troßbach) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Andermann, Kurt / Nina Gallion (Hrsg.), Weg und Steg. Aspekte des Verkehrswesens von der Spätantike bis zum Ende des Alten Reiches (Sascha Bütow) 88 Jaspert, Nikolas / Christian A. Neumann /Marco di Branco (Hrsg.), Ein Meer und seine Heiligen. Hagiographie im mittelalterlichen Mediterraneum (Michael North) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Müller, Harald (Hrsg.), Der Verlust der Eindeutigkeit. Zur Krise päpstlicher Autorität im Kampf um die Cathedra Petri (Thomas Wetzstein) . . . . . . . . . . . . . . . . 91 Ehrensperger, Alfred, Geschichte des Gottesdienstes in Zürich Stadt und Land im Spätmittelalter und in der frühen Reformation bis 1531 (Andreas Odenthal) 93 Demurger, Alain, Die Verfolgung der Templer. Chronik einer Vernichtung. 1307– 1314 (Jochen Burgtorf) . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Caudrey, Philip J., Military Society and the Court of Chivalry in the Age of the Hundred Years War (Stefan G. Holz) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Hesse, Christian / Regula Schmid / Roland Gerber (Hrsg.), Eroberung und Inbesitznahme. Die Eroberung des Aargaus 1415 im europäischen Vergleich / Conquest and Occupation. The 1415 Seizure of the Aargau in European Perspective (Rainer Hugener) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Krafft, Otfried, Landgraf Ludwig I. von Hessen (1402–1458). Politik und historiographische Rezeption (Uwe Schirmer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Neustadt, Cornelia, Kommunikation im Konflikt. König Erik VII. von Dänemark und die Städte im südlichen Ostseeraum (1423–1435) (Carsten Jahnke) . . . . . . . 102 Kekewich, Margaret, Sir John Fortescue and the Governance of England (Maree Shirota). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 MacGregor, Arthur, Naturalists inthe Field. Collecting, Recording andPreserving the Natural World from the Fifteenth to the Twenty-First Century (Bettina Dietz) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Jones, Pamela M. / Barbara Wisch / Simon Ditchfield (Hrsg.), A Companion to Early Modern Rome, 1492–1692 (Wolfgang Reinhard) . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Frömmer, Judith, Italien im Heiligen Land. Typologien frühneuzeitlicher Gründungsnarrative (Cornel Zwierlein) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 De Benedictis, Angela, Neither Disobedients nor Rebels. Lawful Resistance in Early Modern Italy (Wolfgang Reinhard) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Raggio, Osvaldo, Feuds and State Formation, 1550–1700. The Backcountry of the Republic of Genoa (Magnus Ressel) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Ingram,Kevin, ConversoNon-Conformism in Early Modern Spain.BadBlood and Faith from Alonso de Cartagena to Diego Velázquez (Joël Graf) . . . . . . . . . . . . . . . . 115 Kirschvink, Dominik, Die Revision als Rechtsmittel im Alten Reich (Tobias Schenk) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Haag, Norbert, Dynastie, Region, Konfession. Die Hochstifte des Heiligen Römischen Reiches Deutscher Nation zwischen Dynastisierung und Konfessionalisierung (1448–1648) (Kurt Andermann) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Steinfels, Marc / Helmut Meyer, Vom Scharfrichteramt ins Zürcher Bürgertum. Die Familie Volmar-Steinfelsundder Schweizer Strafvollzug (FranciscaLoetz) 120 Kohnle, Armin (Hrsg.), Luthers Tod. Ereignis und Wirkung (Eike Wolgast) . . . . . . 122 Zwierlein, Cornel / Vincenzo Lavenia (Hrsg.), Fruits of Migration. Heterodox Italian Migrants and Central European Culture 1550–1620 (Stephan Steiner) 123 „Inquisitionis Hispanicae Artes“: The Arts of the Spanish Inquisition. Reginaldus Gonsalvius Montanus. A Critical Edition of the „Sanctae Inquisitionis Hispanicae Artes aliquot“ (1567) with aModern English Translation, hrsg. v. Marcos J. Herráiz Pareja / Ignacio J. García Pinilla / Jonathan L. Nelson (Wolfram Drews) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Lattmann, Christopher, Der Teufel, die Hexe und der Rechtsgelehrte. Crimen magiae und Hexenprozess in Jean Bodins „De la Démonomanie des Sorciers“ (Andreas Flurschütz da Cruz) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Gorrochategui Santos, Luis, The English Armada. The Greatest Naval Disaster in English History (Patrick Schmidt) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Schäfer-Griebel, Alexandra, Die Medialität der Französischen Religionskriege. Frankreich und das Heilige Römische Reich 1589 (Mona Garloff) . . . . . . . . . . . . . . 131 Malettke, Klaus, Richelieu. Ein Leben im Dienste des Königs und Frankreichs (Michael Rohrschneider) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Windler, Christian, Missionare in Persien. Kulturelle Diversität und Normenkonkurrenz im globalen Katholizismus (17.–18. Jahrhundert) (Tobias Winnerling) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Amsler, Nadine, Jesuits and Matriarchs. Domestic Worship in Early Modern China (Tobias Winnerling) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Seppel, Marten / Keith Tribe (Hrsg.), Cameralism in Practice. State Administration and Economy in Early Modern Europe (Justus Nipperdey) . . . . . . . . . . . . . . . . 138 Fludd, Robert, Utriusque Cosmi Historia. Faksimile-Edition der Ausgabe Oppenheim/ Frankfurt, Johann Theodor de Bry, 1617–1624, hrsg. u. mit ausführlichen Einleitungen versehen v. Wilhelm Schmidt-Biggemann (Martin Mulsow) 140 Rebitsch, Robert (Hrsg.), 1618. Der Beginn des Dreißigjährigen Krieges (Fabian Schulze) . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Kilián, Jan, Der Gerber und der Krieg. Soziale Biographie eines böhmischen Bürgers aus der Zeit des Dreißigjährigen Krieges (Robert Jütte) . . . . . . . . . . . . . . . 144 Caldari, Valentina / Sara J. Wolfson (Hrsg.), Stuart Marriage Diplomacy. Dynastic Politics in Their European Context, 1604–1630 (Martin Foerster) . . . . . . . . . . . . . 146 Blakemore, Richard J. / Elaine Murphy, The British Civil Wars at Sea, 1638–1653 (Jann M. 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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. Realizations: Narrative, Pictorial and Theatrical Arts in Nineteenth-Century England. Princeton, New Jersey: Princeton University Press, 1983.Moody, Jane. Illegitimate Theatre in London, 1770-1840. Cambridge: Cambridge University Press, 2000. O'Quinn, Daniel. Staging Governance: Teatrical Imperialism in London 1770-1800. Baltimore, Maryland, USA: Johns Hopkins University Press, 2005. O'Quinn, Daniel. “Theatre and Empire.” The Cambridge Companion to British Theatre 1730-1830. Eds. Jane Moody and Daniel O'Quinn. Cambridge: Cambridge University Press, 2007. 233-46. Reed, Peter P. “Interrogating Legitimacy in Britain and America.” The Oxford Handbook of Georgian Theatre. Eds. Julia Swindells and Francis David. Oxford: Oxford University Press, 2014. 247-264.Saxon, A.H. “The Circus as Theatre: Astley’s and Its Actors in the Age of Romanticism.” Educational Theatre Journal 27.3 (1975): 299-312.Schlicke, P. Dickens and Popular Entertainment. London: Unwin Hyman, 1985.St. Leon, Mark. 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. As McLeod states, “the real-world problems occur when institutions that actually have the resources to defend themselves against unwarranted or frivolous lawsuits choose to take the safe route, thus eroding fair use”(146-7). ReferencesBeaujon, Andrew. “It’s Not the Beat, It’s the Mocean.” CMJ New Music Monthly. April 1999.Collins, Steve. “Good Copy, Bad Copy: Covers, Sampling and Copyright.” M/C Journal 8.3 (2005). 26 Aug. 2008 ‹http://journal.media-culture.org.au/0507/02-collins.php›.———. “‘Property Talk’ and the Revival of Blackstonian Copyright.” M/C Journal 9.4 (2006). 26 Aug. 2008 ‹http://journal.media-culture.org.au/0609/5-collins.php›.Donaldson v. Becket 17 Cobbett Parliamentary History, col. 953.Efroni, Zohar. “Israel’s Fair Use.” The Center for Internet and Society (2008). 26 Aug. 2008 ‹http://cyberlaw.stanford.edu/node/5670›.Lange, David, and Jennifer Lange Anderson. “Copyright, Fair Use and Transformative Critical Appropriation.” Conference on the Public Domain, Duke Law School. 2001. 26 Aug. 2008 ‹http://www.law.duke.edu/pd/papers/langeand.pdf›.Lemley, Mark. “Property, Intellectual Property, and Free Riding.” Texas Law Review 83 (2005): 1031.Lessig, Lawrence. The Future of Ideas. New York: Random House, 2001.———. Free Culture. New York: Penguin, 2004.Leval, Pierre. “Toward a Fair Use Standard.” Harvard Law Review 103 (1990): 1105.McDonald, Heather. “Holden Lenz, 18 Months, versus Prince and Universal Music Group.” About.com: Music Careers 2007. 26 Aug. 2008 ‹http://musicians.about.com/b/2007/10/27/holden-lenz-18-months-versus-prince-and-universal-music-group.htm›.McLeod, Kembrew. “How Copyright Law Changed Hip Hop: An interview with Public Enemy’s Chuck D and Hank Shocklee.” Stay Free 2002. 26 Aug. 2008 ‹http://www.stayfreemagazine.org/archives/20/public_enemy.html›.———. Freedom of Expression: Overzealous Copyright Bozos and Other Enemies of Creativity. United States: Doubleday, 2005.McLuhan, Marshall, and Barrington Nevitt. Take Today: The Executive as Dropout. Ontario: Longman Canada, 1972.Metz, Cade. “Viacom Slaps YouTuber for Behaving like Viacom.” The Register 2007. 26 Aug. 2008 ‹http://www.theregister.co.uk/2007/08/30/viacom_slaps_pol/›.Negativland, ed. Fair Use: The Story of the Letter U and the Numeral 2. Concord: Seeland, 1995.Patry, William. The Fair Use Privilege in Copyright Law. Washington DC: Bureau of National Affairs, 1985.———. “End of the Blog.” The Patry Copyright Blog. 1 Aug. 2008. 27 Aug. 2008 ‹http://williampatry.blogspot.com/2008/08/end-of-blog.html›.Tapscott, Don. The Digital Economy: Promise and Peril in the Age of Networked Intelligence. New York: McGraw Hill, 1996.Toffler, Alvin. The Third Wave. London, Glasgow, Sydney, Auckland. Toronto, Johannesburg: William Collins, 1980.Travis, Hannibal. “Pirates of the Information Infrastructure: Blackstonian Copyright and the First Amendment.” Berkeley Technology Law Journal, Vol. 15 (2000), No. 777.Vaidhyanathan, Siva. Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity. New York; London: New York UP, 2003.

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. 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Füssel, Marian / Frank Rexroth / Inga Schürmann (Hrsg.), Praktiken und Räume des Wissens. Expertenkulturen in Geschichte und Gegenwart, Göttingen 2019, Vandenhoeck &amp; Ruprecht, 225 S. / Abb., € 65,00. (Lisa Dannenberg-Markel, Aachen) Korpiola, Mia (Hrsg.), Legal Literacy in Premodern European Societies (World Histories of Crime, Culture and Violence), Cham 2019, Palgrave Macmillan, X u. 264 S., € 103,99. (Saskia Lettmaier, Kiel) Stercken, Martina / Christian Hesse (Hrsg.), Kommunale Selbstinszenierung. Städtische Konstellationen zwischen Mittelalter und Neuzeit (Medienwandel – Medienwechsel – Medienwissen, 40), Zürich 2018, Chronos, 391 S. / Abb., € 58,00. (Ruth Schilling, Bremen / Bremerhaven) Thewes, Guy / Martin Uhrmacher (Hrsg.), Extra muros. Vorstädtische Räume in Spätmittelalter und früher Neuzeit / Espaces suburbains au bas Moyen Âge et à l’époque moderne (Städteforschung. Reihe A: Darstellungen, 91), Wien / Köln / Weimar 2019, Böhlau, 521 S. / Abb., € 70,00. (Holger Th. 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A Renaissance Princess (Routledge Historical Biographies), London / New York 2019, Routledge, 312 S., £ 90,00. (Christina Antenhofer, Salzburg) Brandtzæg, Siv G. / Paul Goring / Christine Watson (Hrsg.), Travelling Chronicles. News and Newspapers from the Early Modern Period to the Eighteenth Century (Library of the Written Word, 66 / The Handpress World, 51), Leiden / Boston 2018, Brill, XIX u. 388 S. / Abb., € 129,00. (Andreas Würgler, Genf) Graheli, Shanti (Hrsg.), Buying and Selling. The Business of Books in Early Modern Europe (Library of the Written Word, 72; The Handpress World, 55), Leiden / Boston 2019, Brill, XXIII u. 559 S. / Abb., € 159,00. (Johannes Frimmel, München) Vries, Jan de, The Price of Bread. Regulating the Market in the Dutch Republic (Cambridge Studies in Economic History), Cambridge [u. a.] 2019, Cambridge University Press, XIX u. 515 S. / graph. Darst., £ 34,99. (Justus Nipperdey, Saarbrücken) Caesar, Mathieu (Hrsg.), Factional Struggles. Divided Elites in European Cities and Courts (1400 – 1750) (Rulers and Elites, 10), Leiden / Boston 2017, Brill, XI u. 258 S., € 119,00. (Mathis Leibetseder, Berlin) Freytag, Christine / Sascha Salatowsky (Hrsg.), Frühneuzeitliche Bildungssysteme im interkonfessionellen Vergleich. Inhalte – Infrastrukturen – Praktiken (Gothaer Forschungen zur Frühen Neuzeit, 14), Stuttgart 2019, Steiner, 320 S., € 58,00. (Helmut Puff, Ann Arbor) Amend-Traut, Anja / Josef Bongartz / Alexander Denzler / Ellen Franke / Stefan A. Stodolkowitz (Hrsg.), Unter der Linde und vor dem Kaiser. Neue Perspektiven auf Gerichtsvielfalt und Gerichtslandschaften im Heiligen Römischen Reich (Quellen und Forschungen zur höchsten Gerichtsbarkeit im Alten Reich, 73), Wien / Köln / Weimar 2020, Böhlau, 320 S., € 65,00. (Tobias Schenk, Wien) Rittgers, Ronald K. / Vincent Evener (Hrsg.), Protestants and Mysticism in Reformation Europe (St Andrews Studies in Reformation History), Leiden / Boston 2019, Brill, XIV u. 459 S., € 156,00. (Lennart Gard, Berlin) Temple, Liam P., Mysticism in Early Modern England (Studies in Modern British Religious History, 38), Woodbridge 2019, The Boydell Press, IX u. 221 S. / Abb., £ 60,00. (Elisabeth Fischer, Hamburg) Kroll, Frank-Lothar / Glyn Redworth / Dieter J. Weiß (Hrsg.), Deutschland und die Britischen Inseln im Reformationsgeschehen. Vergleich, Transfer, Verflechtungen (Prinz-Albert-Studien, 34; Arbeiten zur Kirchengeschichte Bayerns, 97), Berlin 2018, Duncker &amp; Humblot, X u. 350 S., € 79,90. (Andreas Pečar, Halle a. d. S.) Breul, Wolfgang / Kurt Andermann (Hrsg.), Ritterschaft und Reformation (Geschichtliche Landeskunde, 75), Stuttgart 2019, Steiner, 374 S., € 63,00. (Andreas Flurschütz da Cruz, Bamberg) Niederhäuser, Peter / Regula Schmid (Hrsg.), Querblicke. Zürcher Reformationsgeschichten (Mitteilungen der Antiquarischen Gesellschaft in Zürich, 86), Zürich 2019, Chronos, 203 S. / Abb., € 48,00. (Volker Reinhardt, Fribourg) Braun, Karl-Heinz / Wilbirgis Klaiber / Christoph Moos (Hrsg.), Glaube‍(n) im Disput. Neuere Forschungen zu den altgläubigen Kontroversisten des Reformationszeitalters (Reformationsgeschichtliche Studien und Texte, 173), Münster 2020, Aschendorff, IX u. 404 S., € 68,00. (Volker Leppin, Tübingen) Fata, Márta / András Forgó / Gabriele Haug-Moritz / Anton Schindling (Hrsg.), Das Trienter Konzil und seine Rezeption im Ungarn des 16. und 17. Jahrhunderts (Reformationsgeschichtliche Studien und Texte, 171), Münster 2019, VI u. 301 S., € 46,00. (Joachim Werz, Frankfurt a. M.) 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(Olaf Mörke, Kiel) Geraerts, Jaap, Patrons of the Old Faith. The Catholic Nobility in Utrecht and Guelders, c. 1580 – 1702 (Catholic Christendom, 1300 – 1700), Leiden / Boston 2019, Brill, XIII, 325 S. / Abb., € 129,00. (Johannes Arndt, Münster) Arnegger, Katharina, Das Fürstentum Liechtenstein. Session und Votum im Reichsfürstenrat, Münster 2019, Aschendorff, 256 S., € 24,80. (Tobias Schenk, Wien) Marti, Hanspeter / Robert Seidel (Hrsg.), Die Universität Straßburg zwischen Späthumanismus und Französischer Revolution, Wien / Köln / Weimar 2018, Böhlau, VII u. 549 S. / Abb., € 80,00. (Wolfgang E. J. Weber, Augsburg) Kling, Alexander, Unter Wölfen. Geschichten der Zivilisation und der Souveränität vom 30-jährigen Krieg bis zur Französischen Revolution (Rombach Wissenschaft. Reihe Cultural Animal Studies, 2), Freiburg i. Br. / Berlin / Wien 2019, Rombach, 581 S., € 68,00. (Norbert Schindler, Salzburg) Arnke, Volker, „Vom Frieden“ im Dreißigjährigen Krieg. Nicolaus Schaffshausens „De Pace“ und der positive Frieden in der Politiktheorie (Bibliothek Altes Reich, 25), Berlin / Boston 2018, de Gruyter Oldenbourg, IX u. 294 S., € 89,95. (Fabian Schulze, Elchingen / Augsburg) Zirr, Alexander, Die Schweden in Leipzig. Die Besetzung der Stadt im Dreißigjährigen Krieg (1642 – 1650) (Quellen und Forschungen zur Geschichte der Stadt Leipzig, 14), Leipzig 2018, Leipziger Universitätsverlag, 939 S. / Abb., € 98,00. (Philip Hoffmann-Rehnitz, Münster) Fehler, Timothy G. / Abigail J. Hartman (Hrsg.), Signs and Wonders in Britain’s Age of Revolution. A Sourcebook, London / New York 2019, Routledge, XVII u. 312 S. / Abb., £ 110,00. (Doris Gruber, Wien) Dorna, Maciej, Mabillon und andere. Die Anfänge der Diplomatik, aus dem Polnischen übers. v. Martin Faber (Wolfenbütteler Forschungen, 159), Wiesbaden 2019, Harrassowitz in Kommission, 287 S. / Abb., € 49,00. (Wolfgang Eric Wagner, Münster) Kramper, Peter, The Battle of the Standards. Messen, Zählen und Wiegen in Westeuropa 1660 – 1914 (Veröffentlichungen des Deutschen Historischen Instituts London / Publications of the German Historical Institute London / Publications of the German Historical Institute, 82), Berlin / Boston 2019, de Gruyter Oldenbourg, X u. 599 S., € 69,95. (Miloš Vec, Wien) Schilling, Lothar / Jakob Vogel (Hrsg.), Transnational Cultures of Expertise. Circulating State-Related Knowledge in the 18th and 19th Centuries (Colloquia Augustana, 36), Berlin / Boston 2019, de Gruyter Oldenbourg, X u. 201 S., € 59,95. (Justus Nipperdey, Saarbrücken) Carhart, Michael C., Leibniz Discovers Asia. Social Networking in the Republic of Letters, Baltimore 2019, Johns Hopkins University Press, XVI u. 324 S. / Abb., $ 64,95. (Markus Friedrich, Hamburg) Wolf, Hubert, Verdammtes Licht. Der Katholizismus und die Aufklärung, München 2019, Beck, 314 S., € 29,95. (Wolfgang Reinhard, Freiburg i. Br.) Holenstein, André / Claire Jaquier / Timothée Léchot / Daniel Schläppi (Hrsg.), Politische, gelehrte und imaginierte Schweiz. Kohäsion und Disparität im Corpus helveticum des 18. Jahrhunderts / Suisse politique, savante et imaginaire. Cohésion et disparité du Corps helvétique au XVIIIe siècle (Travaux sur la Suisse des Lumières, 20), Genf 2019, Éditions Slatkine, 386 S. / Abb., € 40,00. (Lisa Kolb, Augsburg) Williams, Samantha, Unmarried Motherhood in the Metropolis, 1700 – 1850. Pregnancy, the Poor Law and Provisions, Cham 2018, Palgrave Macmillan, XV u. 270 S. / graph. Darst., € 96,29. (Annette C. Cremer, Gießen) Wirkner, Christian, Logenleben. Göttinger Freimaurerei im 18. Jahrhundert (Ancien Régime, Aufklärung und Revolution, 45), Berlin / Boston 2019, de Gruyter Oldenbourg, VIII u. 632 S. / Abb., € 89,95. (Helmut Reinalter, Innsbruck) Göse, Frank, Friedrich Wilhelm I. Die vielen Gesichter des Soldatenkönigs, Darmstadt 2020, wbg Theiss, 604 S. / Abb., € 38,00. (Michael Kaiser, Bonn) Querengässer, Alexander, Das kursächsische Militär im Großen Nordischen Krieg 1700 – 1717 (Krieg in der Geschichte, 107), Berlin 2019, Duncker &amp; Humblot, 628 S. / graph. Darst., € 148,00. (Tilman Stieve, Aachen) Sirota, Brent S. / Allan I. Macinnes (Hrsg.), The Hanoverian Succession in Great Britain and Its Empire (Studies in Early Modern Cultural, Political and Social History, 35), Woodbridge 2019, The Boydell Press, IX u. 222 S. / graph. Darst., £ 65,00. (Georg Eckert, Wuppertal / Potsdam) Petersen, Sven, Die belagerte Stadt. Alltag und Gewalt im Österreichischen Erbfolgekrieg (1740 – 1748) (Krieg und Konflikt, 6), Frankfurt a. M. / New York 2019, Campus, 487 S., € 45,00. (Bernhard R. Kroener, Freiburg i. Br.) Lounissi, Carine, Thomas Paine and the French Revolution, Cham 2018, Palgrave Macmillan, IX u. 321 S., € 96,29. (Volker Depkat, Regensburg) Kern, Florian, Kriegsgefangenschaft im Zeitalter Napoleons. 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Crailsheim, Eberhard / Maria D. Elizalde (Hrsg.), The Representation of External Threats. From the Middle Ages to the Modern World (History of Warfare, 123), Leiden / Boston 2019, Brill, XV u. 466 S., € 127,00. (Wolfgang Reinhard, Freiburg i. Br.) Höfele, Andreas / Beate Kellner (Hrsg.), Natur in politischen Ordnungsentwürfen der Vormoderne. Unter Mitwirkung von Christian Kaiser, Paderborn 2018, Fink, 224 S., € 59,00. (Stefano Saracino, Erfurt / München) Jütte, Robert / Romedio Schmitz-Esser (Hrsg.), Handgebrauch. Geschichten von der Hand aus dem Mittelalter und der Frühen Neuzeit, Paderborn 2019, Fink, 320 S. / Abb., € 44,90. (Barbara Stollberg-Rilinger, Berlin / Münster) Tomaini, Thea (Hrsg.), Dealing with the Dead. Mortality and Community in Medieval and Early Modern Europe (Explorations in Medieval Culture, 5), Leiden / Boston 2018, Brill, XI u. 449 S. / Abb., € 135,00. (Ralf-Peter Fuchs, Essen) Lahtinen, Anu / Mia Korpiola (Hrsg.), Dying Prepared in Medieval and Early Modern Northern Europe (The Northern World, 82), Leiden / Boston 2018, Brill, IX u. 211 S. / Abb., € 85,00. (Ralf-Peter Fuchs, Essen) Dyer, Christopher / Erik Thoen / Tom Williamson (Hrsg.), Peasants and Their Fields. The Rationale of Open-Field Agriculture, c. 700 - 1800 (CORN Publication Series, 16), Turnhout 2018, Brepols, X u. 275 S. / Abb., € 84,00. (Werner Troßbach, Fulda) Andermann, Kurt / Nina Gallion (Hrsg.), Weg und Steg. Aspekte des Verkehrswesens von der Spätantike bis zum Ende des Alten Reiches (Kraichtaler Kolloquien, 11), Ostfildern 2018, Thorbecke, 262 S. / Abb., € 29,00. (Sascha Bütow, Magdeburg) Jaspert, Nikolas / Christian A. Neumann / Marco di Branco (Hrsg.), Ein Meer und seine Heiligen. Hagiographie im mittelalterlichen Mediterraneum (Mittelmeerstudien, 18), Paderborn 2018, Fink / Schöningh, 405 S. / Abb., € 148,00. (Michael North, Greifswald) Müller, Harald (Hrsg.), Der Verlust der Eindeutigkeit. Zur Krise päpstlicher Autorität im Kampf um die Cathedra Petri (Schriften des Historischen Kollegs, Kolloquien 95), Berlin / Boston 2017, de Gruyter Oldenbourg, X u. 244 S. / graph. Darst., € 69,95. (Thomas Wetzstein, Eichstätt) Ehrensperger, Alfred, Geschichte des Gottesdienstes in Zürich Stadt und Land im Spätmittelalter und in der frühen Reformation bis 1531 (Geschichte des Gottesdienstes in den evangelisch-reformierten Kirchen der Deutschschweiz, 5), Zürich 2019, Theologischer Verlag Zürich, 814 S., € 76,00. (Andreas Odenthal, Bonn) Demurger, Alain, Die Verfolgung der Templer. Chronik einer Vernichtung. 1307 - 1314. Aus dem Französischen v. Anne Leube / Wolf H. Leube, München 2017, Beck, 408 S. / Karten, € 26,95. (Jochen Burgtorf, Fullerton) Caudrey, Philip J., Military Society and the Court of Chivalry in the Age of the Hundred Years War (Warfare in History), Woodbridge / Rochester 2019, The Boydell Press, XII u. 227 S., £ 60,00. (Stefan G. Holz, Heidelberg) Hesse, Christian / Regula Schmid / Roland Gerber (Hrsg.), Eroberung und Inbesitznahme. Die Eroberung des Aargaus 1415 im europäischen Vergleich / Conquest and Occupation. The 1415 Seizure of the Aargau in European Perspective, Ostfildern 2017, Thorbecke, VII u. 320 S. / Abb., € 45,00. (Rainer Hugener, Zürich) Krafft, Otfried, Landgraf Ludwig I. von Hessen (1402 - 1458). Politik und historiographische Rezeption (Veröffentlichungen der Historischen Kommission für Hessen, 88), Marburg 2018, Historische Kommission für Hessen, XII u. 880 S. / Abb., € 48,00. (Uwe Schirmer, Jena) Neustadt, Cornelia, Kommunikation im Konflikt. König Erik VII. von Dänemark und die Städte im südlichen Ostseeraum (1423 - 1435) (Europa im Mittelalter, 32), Berlin / Boston 2018, de Gruyter, XV u. 540 S. / Abb., € 109,05. (Carsten Jahnke, Kopenhagen) Kekewich, Margaret, Sir John Fortescue and the Governance of England, Woodbridge / Rochester 2018, The Boydell Press, XXIII u. 367 S. / Abb., £ 60,00. (Maree Shirota, Heidelberg) MacGregor, Arthur, Naturalists in the Field. Collecting, Recording and Preserving the Natural World from the Fifteenth to the Twenty-First Century (Emergence of Natural History, 2), Leiden / London 2018, Brill, XXIX u. 999 S. / Abb., € 270,00. (Bettina Dietz, Hongkong) Jones, Pamela M. / Barbara Wisch / Simon Ditchfield (Hrsg.), A Companion to Early Modern Rome, 1492 - 1692 (Brill’s Companions to European History, 17), Leiden / Boston 2019, Brill, XXIII u. 629 S., € 171,00. (Wolfgang Reinhard, Freiburg i. Br.) Frömmer, Judith, Italien im Heiligen Land. 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Dynastic Politics in Their European Context, 1604 - 1630 (Studies in Earl Modern Cultural, Political and Social History, 31), Woodbridge / Rochester 2018, The Boydell Press, XVIII u. 367 S., £ 75,00. (Martin Foerster, Hamburg) Blakemore, Richard J. / Elaine Murphy, The British Civil Wars at Sea, 1638 - 1653, Woodbridge 2018, The Boydell Press, X u. 225 S. / Abb., £ 65,00. (Jann M. Witt, Laboe) Deflers, Isabelle / Christian Kühner (Hrsg.), Ludwig XIV. - Vorbild und Feindbild. Inszenierung und Rezeption der Herrschaft eines barocken Monarchen zwischen Heroisierung, Nachahmung und Dämonisierung / Louis XIV - fascination et répulsion. Mise en scène et réception du règne d’un monarque baroque entre héroïsation, imitation et diabolisation (Studien des Frankreich-Zentrums der Albert-Ludwigs-Universität Freiburg, 25), Berlin 2018, Schmidt, 296 S. / Abb., € 69,95. (Anuschka Tischer, Würzburg) Pérez Sarrión, Guillermo, The Emergence of a National Market in Spain, 1650 - 1800. 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Aiming to investigate the role of governance in modifying the relationship between public finance and economic growth, this study applied a seemingly unrelated regression model for the panel data of 38 developed and 44 developing countries from 1996 to 2016. It is easy to see that this research measures public finance by two parts of the subcomponents: total tax revenue and general government expenditure. We also call governance the “control of corruption indicator”. The finding indicates that governance always positively affects the economy. However, when it interacts with public finance, this interaction has a diverse effect on economic growth in developed countries, depending on tax revenue or government expenditure. Nevertheless, in developing countries, this interaction has a beneficial impact on the growth of an economy. Keywords: Governance, public finance, economic growth, developed and developing countries. References [1] Bird, R. M., Martinez-Vazquez, J. and Torgler, B., “Tax Effort in Developing Countries and High Income Countries: The Impact of Corruption, Voice and Accountability”, Economic Analysis and Policy, 38 (2008) 1, 55-71. https://doi.org/10.1016/S0313-5926(08)50006-3.[2] Dzhumashev, R. (2014) ‘Corruption and growth: The role of governance, public spending, and economic development’, Economic Modelling. Elsevier B.V., 37, pp. 202–215. https://doi.org/10.1016/j.econmod.2013.11.007.[3] d’Agostino, G., Dunne, J.P., & Pieroni, L. (2012). Corruption, military spending and growth. Defence and Peace Economics, 23(6), 591–604.[4] Ugur, M. (2014) ‘Corruption’s direct effects on per-capita income growth: A meta-analysis’, Journal of Economic Surveys, 28(3), pp. 472–490. https://doi.org/10.1111/joes.12035.[5] d’Agostino, G., Dunne, J. P. and Pieroni, L. (2016) ‘Government Spending, Corruption and Economic Growth’, World Development. 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(1998) ‘GMM estimation with persistent panel data : an application to production functions’, Journal of Econometrics, 87(1), pp. 115–143.[25] [25] Baltagi, B.H.(2005). Econometric analysis of panel data, JohnWiley & Sons Ltd., West Sussex PO19 8SQ, England.[26] Sasaki, Y. (2015). Heterogeneity and selection in dynamic panel data. Journal of Econometrics, 188(2015), 236–249.[27] Acemoglu, D. and Robinson, J. (2001) ‘A Theory of Political Transitions.pdf’, The American Economic Review, pp. 938–963. doi: Doi 10.1257/Aer.91.4.938.[28] Windmeijer, F. (2005). A finite sample correction for the variance of linear e cient two-step GMM estimators. Journal of Econometrics, 126(2005), 25-51. https://doi.org/10.1016/j.jeconom.2004.02.005.[29] Law, S. H., Lim, T. C., & Ismail, N. W. (2013). Institutions and economic development: A Granger causality analysis of panel data evidence. Economic Systems, 37(4), 610–624.[30] Harris, R. D. F., and Tzavalis, E. (1999). 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Property as both an idea and a practice has been interpreted through the prism of a liberal, law and economics paradigm since at least the 18th century. This dominant (and domineering) perspective stresses the primacy of individualism, the power of exclusion, and the values of private commodity. By contrast, concepts of property that evolved out of the counterculture of the 1960s and early 1970s challenged this hegemony. Countercultural, or Aquarian, ideas of property stressed pre-liberal, long forgotten property norms such as sociability, community, inclusion and personhood, and contested a private uniformity that seemed “totalizing and universalizing” (Blomley, Unsettling 102). This paper situates what it terms “Aquarian property” in the context of emergent property theory in the 1960s and 1970s, and the propertied practices these new theories engendered. Importantly, this paper also grounds Aquarian ideas of property to location. As legal geographers observe, the law inexorably occurs in place as well as time. “Nearly every aspect of law is located, takes place, is in motion, or has some spatial frame of reference” (Braverman et al. 1). Property’s radical yet simultaneously ancient alter-narrative found fertile soil where the countercultural experiment flourished. In Australia, one such place was the green, sub-tropical landscape of the New South Wales Northern Rivers, home of the 1973 Australian Union of Student’s Aquarius Festival at Nimbin. The Counterculture and Property Theory Well before the “Age of Aquarius” entered western youth consciousness (Munro-Clark 56), and 19 years before the Nimbin Aquarius Festival, US legal scholar Felix Cohen defined property in seminally private and exclusionary terms. To the world: Keep off X unless you have my permission, which I may grant or withhold.Signed: Private citizenEndorsed: The state. (374) Cohen’s formula was private property at its 1950s apogee, an unambiguous expression of its centrality to post-war materialism. William Blackstone’s famous trope of property as “that sole and despotic dominion” had become self-fulfilling (Rose, Canons). Why had this occurred? What had made property so narrow and instrumentalist to a private end? Several property theorists identify the enclosure period in the 17th and 18th centuries as seminal to this change (Blomley, Law; Graham). The enclosures, and their discourse of improvement and modernity, saw ancient common rights swept away in favour of the liberal private right. Property diversity was supplanted by monotony, group rights by the individual, and inclusion by exclusion. Common property rights were rights of shared use, traditionally agrarian incidents enjoyed through community membership. However, for the proponents of enclosure, common rights stood in the way of progress. Thus, what was once a vested right (such as the common right to glean) became a “mere practice”, condemned by its “universal promiscuity” and perceptions of vagrancy (Buck 17-8). What was once sited to context, to village and parish, evolved into abstraction. And what had meaning for person and place, “a sense of self; […] a part of a tribe’ (Neeson 180), became a tradable commodity, detached and indifferent to the consequences of its adverse use (Leopold). These were the transformed ideas of property exported to so-called “settler” societies, where colonialists demanded the secure property rights denied to them at home. In the common law tradition, a very modern yet selective amnesia took hold, a collective forgetting of property’s shared and sociable past (McLaren). Yet, property as commodity proved to be a narrow, one-sided account of property, an unsatisfactory “half right” explanation (Alexander 2) that omits inconvenient links between ownership on the one hand, and self and place on the other. Pioneering US conservationist Aldo Leopold detected as much a few years before Felix Cohen’s defining statement of private dominance. In Leopold’s iconic A Sand County Almanac, he wrote presciently of the curious phenomenon of hardheaded farmers replanting selected paddocks with native wildflowers. As if foreseeing what the next few decades may bring, Leopold describes a growing resistance to the dominant property paradigm: I call it Revolt – revolt against the tedium of the merely economic attitude towards land. We assume that because we had to subjugate the land to live on it, the best farm is therefore the one most completely tamed. These […] farmers have learned from experience that the wholly tamed farm offers not only a slender livelihood but a constricted life. (188)By the early 1960s, frustrations over the constrictions of post-war life were given voice in dissenting property literature. Affirming that property is a social institution, emerging ideas of property conformed to the contours of changing values (Singer), and the countercultural zeitgeist sweeping America’s universities (Miller). Thus, in 1964, Charles Reich saw property as the vanguard for a new civic compact, an ambitious “New Property” that would transform “government largess” into a property right to address social inequity. For Joseph Sax, property scholar and author of a groundbreaking citizen’s manifesto, the assertion of public property rights were critical to the protection of the environment (174). And in 1972, to Christopher Stone, it seemed a natural property incident that trees should enjoy equivalent standing to legal persons. In an age when “progress” was measured by the installation of plastic trees in Los Angeles median strips (Tribe), jurists aspired to new ideas of property with social justice and environmental resonance. Theirs was a scholarly “Revolt” against the tedium of property as commodity, an act of resistance to the centuries-old conformity of the enclosures (Blomley, Law). Aquarian Theory in Propertied Practice Imagining new property ideas in theory yielded in practice a diverse Aquarian tenure. In the emerging communes and intentional communities of the late 1960s and early 1970s, common property norms were unwittingly absorbed into their ethos and legal structure (Zablocki; Page). As a “way out of a dead-end future” (Smith and Crossley), a generation of young, mostly university-educated people sought new ways to relate to land. Yet, as Benjamin Zablocki observed at the time, “there is surprisingly little awareness among present-day communitarians of their historical forebears” (43). The alchemy that was property and the counterculture was given form and substance by place, time, geography, climate, culture, and social history. Unlike the dominant private paradigm that was placeless and universal, the tenurial experiments of the counter-culture were contextual and diverse. Hence, to generalise is to invite the problematic. Nonetheless, three broad themes of Aquarian property are discernible. First, property ceased being a vehicle for the acquisition of private wealth; rather it invested self-meaning within a communitarian context, “a sense of self [as] a part of a tribe.” Second, the “back to the land” movement signified a return to the country, an interregnum in the otherwise unidirectional post-enclosure drift to the city. Third, Aquarian property was premised on obligation, recognising that ownership was more than a bundle of autonomous rights, but rights imbricated with a corresponding duty to land health. Like common property and its practices of sustained yield, Aquarian owners were environmental stewards, with inter-connected responsibilities to others and the earth (Page). The counterculture was a journey in self-fulfillment, a search for personal identity amidst the empowerment of community. Property’s role in the counterculture was to affirm the under-regarded notion of property as propriety; where ownership fostered well lived and capacious lives in flourishing communities (Alexander). As Margaret Munro-Clark observed of the early 1970s, “the enrichment of individual identity or selfhood [is] the distinguishing mark of the current wave of communitarianism” (33). Or, as another 1970s settler remarked twenty years later, “our ownership means that we can’t liquefy our assets and move on with any appreciable amount of capital. This arrangement has many advantages; we don’t waste time wondering if we would be better off living somewhere else, so we have commitment to place and community” (Metcalf 52). In personhood terms, property became “who we are, how we live” (Lismore Regional Gallery), not a measure of commoditised worth. Personhood also took legal form, manifested in early title-holding structures, where consensus-based co-operatives (in which capital gain was precluded) were favoured ideologically over the capitalist, majority-rules corporation (Munro-Clark). As noted, Aquarian property was also predominantly rural. For many communitarians, the way out of a soulless urban life was to abandon its difficulties for the yearnings of a simpler rural idyll (Smith and Crossley). The 1970s saw an extraordinary return to the physicality of land, measured by a willingness to get “earth under the nails” (Farran). In Australia, communities proliferated on the NSW Northern Rivers, in Western Australia’s southwest, and in the rural hinterlands behind Queensland’s Sunshine Coast and Cairns. In New Zealand, intentional communities appeared on the rural Coromandel Peninsula, east of Auckland, and in the Golden Bay region on the remote northwestern tip of the South Island. In all these localities, land was plentiful, the climate seemed sunny, and the landscape soulful. Aquarians “bought cheap land in beautiful places in which to opt out and live a simpler life [...] in remote backwaters, up mountains, in steep valleys, or on the shorelines of wild coastal districts” (Sargisson and Sargent 117). Their “hard won freedom” was to escape from city life, suffused by a belief that “the city is hardly needed, life should spring out of the country” (Jones and Baker 5). Aquarian property likewise instilled environmental ethics into the notion of land ownership. Michael Metzger, writing in 1975 in the barely minted Ecology Law Quarterly, observed that humankind had forgotten three basic ecological laws, that “everything is connected to everything else”, that “everything must go somewhere”, and that “nature knows best” (797). With an ever-increasing focus on abstraction, the language of private property: enabled us to create separate realities, and to remove ourselves from the natural world in which we live to a cerebral world of our own creation. When we act in accord with our artificial world, the disastrous impact of our fantasies upon the natural world in which we live is ignored. (796)By contrast, Aquarian property was intrinsically contextual. It revolved around the owner as environmental steward, whose duty it was “to repair the ravages of previous land use battles, and to live in accord with the natural environment” (Aquarian Archives). Reflecting ancient common rights, Aquarian property rights internalised norms of prudence, proportionality and moderation of resource use (Rose, Futures). Simply, an ecological view of land ownership was necessary for survival. As Dr. Moss Cass, the Federal environment minister wrote in the preface to The Way Out: Radical Alternatives in Australia, ‘”there is a common conviction that something is rotten at the core of conventional human existence.” Across the Tasman, the sense of latent environmental crisis was equally palpable, “we are surrounded by glistening surfaces and rotten centres” (Jones and Baker 5). Property and Countercultural Place and Time In the emerging discipline of legal geography, the law and its institutions (such as property) are explained through the prism of spatiotemporal context. What even more recent law and geography scholarship argues is that space is privileged as “theoretically interesting” while “temporality is reduced to empirical history” (Braverman et al. 53). This part seeks to consider the intersection of property, the counterculture, and time and place without privileging either the spatial or temporal dimensions. It considers simply the place of Nimbin, New South Wales, in early May 1973, and how property conformed to the exigencies of both. Legal geographers also see property through the theory of performance. Through this view, property is a “relational effect, not a prior ground, that is brought into being by the very act of performance” (Blomley, Performing 13). In other words, doing does not merely describe or represent property, but it enacts, such that property becomes a reality through its performance. In short, property is because it does. Performance theory is liberating (Page et al) because it concentrates not on property’s arcane rules and doctrines, nor on the legal geographer’s alleged privileging of place over time, but on its simple doing. Thus, Nicholas Blomley sees private property as a series of constant and reiterative performances: paying rates, building fences, registering titles, and so on. Adopting this approach, Aquarian property is described as a series of performances, seen through the prism of the legal practitioner, and its countercultural participants. The intersection of counterculture and property law implicated my family in its performative narrative. My father had been a solicitor in Nimbin since 1948; his modest legal practice was conducted from the side annexe of the School of Arts. Equipped with a battered leather briefcase and a trusty portable typewriter, like clockwork, he drove the 20 miles from Lismore to Nimbin every Saturday morning. I often accompanied him on his weekly visits. Forty-one years ago, in early May 1973, we drove into town to an extraordinary sight. Seen through ten-year old eyes, surreal scenes of energy, colour, and longhaired, bare-footed young people remain vivid. At almost the exact halfway point in my father’s legal career, new ways of thinking about property rushed headlong and irrevocably into his working life. After May 1973, dinnertime conversations became very different. Gone was the mundane monopoly of mortgages, subdivisions, and cottage conveyancing. The topics now ranged to hippies, communes, co-operatives and shared ownerships. Property was no longer a dull transactional monochrome, a lifeless file bound in pink legal tape. It became an idea replete with diversity and innovation, a concept populated with interesting characters and entertaining, often quirky stories. If property is a narrative (Rose, Persuasion), then the micro-story of property on the NSW Northern Rivers became infinitely more compelling and interesting in the years after Aquarius. For the practitioner, Aquarian property involved new practices and skills: the registration of co-operatives, the drafting of shareholder deeds that regulated the use of common lands, the settling of idealistic trusts, and the ever-increasing frequency of visits to the Nimbin School of Arts every working Saturday. For the 1970s settler in Nimbin, performing Aquarian property took more direct and lived forms. It may have started by reading the open letter that festival co-organiser Graeme Dunstan wrote to the Federal Minister for Urban Affairs, Tom Uren, inviting him to Nimbin as a “holiday rather than a political duty”, and seeking his support for “a community group of 100-200 people to hold a lease dedicated to building a self-sufficient community [...] whose central design principles are creative living and ecological survival” (1). It lay in the performances at the Festival’s Learning Exchange, where ideas of philosophy, organic farming, alternative technology, and law reform were debated in free and unstructured form, the key topics of the latter being abortion and land. And as the Festival came to its conclusion, it was the gathering at the showground, titled “After Nimbin What?—How will the social and environmental experiment at Nimbin effect the setting up of alternative communities, not only in the North Coast, but generally in Australia” (Richmond River Historical Society). In the days and months after Aquarius, it was the founding of new communities such as Co-ordination Co-operative at Tuntable Creek, described by co-founder Terry McGee in 1973 as “a radical experiment in a new way of life. The people who join us […] have to be prepared to jump off the cliff with the certainty that when they get to the bottom, they will be all right” (Munro-Clark 126; Cock 121). The image of jumping off a cliff is a metaphorical performance that supposes a leap into the unknown. While orthodox concepts of property in land were left behind, discarded at the top, the Aquarian leap was not so much into the unknown, but the long forgotten. The success of those communities that survived lay in the innovative and adaptive ways in which common forms of property fitted into registered land title, a system otherwise premised on individual ownership. Achieved through the use of outside private shells—title-holding co-operatives or companies (Page)—inside the shell, the norms and practices of common property were inclusively facilitated and performed (McLaren; Rose, Futures). In 2014, the performance of Aquarian property endures, in the dozens of intentional communities in the Nimbin environs that remain a witness to the zeal and spirit of the times and its countercultural ideals. Conclusion The Aquarian idea of property had profound meaning for self, community, and the environment. It was simultaneously new and old, radical as well as ancient. It re-invented a pre-liberal, pre-enclosure idea of property. For property theory, its legacy is its imaginings of diversity, the idea that property can take pluralistic forms and assert multiple values, a defiant challenge to the dominant paradigm. Aquarian property offers rich pickings compared to the pauperised private monotone. Over 41 years ago, in the legal geography that was Nimbin, New South Wales, the imaginings of property escaped the conformity of enclosure. The Aquarian age represented a moment in “thickened time” (Braverman et al 53), when dissenting theory became practice, and the idea of property indelibly changed for a handful of serendipitous actors, the unscripted performers of a countercultural narrative faithful to its time and place. References Alexander, Gregory. Commodity & Propriety: Competing Visions of Property in American Legal Thought 1776-1970. Chicago: U of Chicago P, 1999. Aquarian Archives. "Report into Facilitation of a Rural Intentional Community." Lismore, NSW: Southern Cross University. Blomley, Nicholas. Law, Space, and the Geographies of Power. New York: Guildford Press, 1994. Blomley, Nicholas. Unsettling the City: Urban Land and the Politics of Property. New York: Routledge, 2004. Blomley, Nicholas. “Performing Property, Making the World.” Social Studies Research Network 2053656. 5 Aug. 2013 ‹http://ssrn.com/abstract=2053656›. Braverman, Irus, Nicholas Blomley, David Delaney, and Sandy Kedar. The Expanding Spaces of Law: A Timely Legal Geography. Stanford: Stanford UP, 2014. Buck, Andrew. The Making of Australian Property Law. Sydney: Federation Press, 2006. Cock, Peter. Alternative Australia: Communities of the Future. London: Quartet Books, 1979. Cohen, Felix. “Dialogue on Private Property.” Rutgers Law Review 9 (1954): 357-387. Dunstan, Graeme. “A Beginning Rather than an End.” The Nimbin Good Times 27 Mar. 1973: 1. Farran, Sue. “Earth under the Nails: The Extraordinary Return to the Land.” Modern Studies in Property Law. Ed. Nicholas Hopkins. 7th edition. Oxford: Hart, 2013. 173-191. Graham, Nicole. Lawscape: Property, Environment, Law. Abingdon: Routledge, 2011. Jones, Tim, and Ian Baker. A Hard Won Freedom: Alternative Communities in New Zealand. Auckland: Hodder & Staughton, 1975. Leopold, Aldo. A Sand County Almanac with Other Essays on Conservation from Round River. New York: Ballantine Books, 1966. Lismore Regional Gallery. “Not Quite Square: The Story of Northern Rivers Architecture.” Exhibition, 13 Apr. to 2 June 2013. McLaren, John. “The Canadian Doukhobors and the Land Question: Religious Communalists in a Fee Simple World.” Land and Freedom: Law Property Rights and the British Diaspora. Eds. Andrew Buck, John McLaren and Nancy Wright. Farnham: Ashgate Publishing, 2001. 135-168. Metcalf, Bill. Co-operative Lifestyles in Australia: From Utopian Dreaming to Communal Reality. Sydney: UNSW Press, 1995. Miller, Timothy. The 60s Communes: Hippies and Beyond. Syracuse: Syracuse UP, 1999. Munro-Clark, Margaret. Communes in Rural Australia: The Movement since 1970. Sydney: Hale & Iremonger, 1986. Neeson, Jeanette M. Commoners: Common Right, Enclosure and Social Change in England, 1700-1820. Cambridge: Cambridge UP, 1996. Page, John. “Common Property and the Age of Aquarius.” Griffith Law Review 19 (2010): 172-196. Page, John, Ann Brower, and Johannes Welsh. “The Curious Untidiness of Property and Ecosystem Services: A Hybrid Method of Measuring Place.” Pace Environmental Law Rev. 32 (2015): forthcoming. Reich, Charles. “The New Property.” Yale Law Journal 73 (1964): 733-787. Richmond River Historical Society Archives. “After Nimbin What?” Nimbin Aquarius file, flyer. Lismore, NSW. Rose, Carol M. Property and Persuasion Essays on the History, Theory, and Rhetoric of Ownership. Boulder: Westview, 1994. Rose, Carol M. “The Several Futures of Property: Of Cyberspace and Folk Tales, Emission Trades and Ecosystems.” Minnesota Law Rev. 83 (1998-1999): 129-182. Rose, Carol M. “Canons of Property Talk, or Blackstone’s Anxiety.” Yale Law Journal 108 (1998): 601-632. Sargisson, Lucy, and Lyman Tower Sargent. Living in Utopia: New Zealand’s Intentional Communities. Aldershot: Ashgate Publishing, 2004. Sax, Joseph L. Defending the Environment: A Strategy for Citizen Action. New York: Alfred A. Knopf, 1971. Singer, Joseph. “No Right to Exclude: Public Accommodations and Private Property.” Nw. U.L.Rev. 90 (1995): 1283-1481. Smith, Margaret, and David Crossley, eds. The Way Out: Radical Alternatives in Australia. Melbourne: Lansdowne Press, 1975. Stone, Christopher. “Should Trees Have Standing? Toward Legal Rights for Natural Objects.” Southern Cal. L. Rev. 45 (1972): 450-501. Tribe, Laurence H. “Ways Not to Think about Plastic Trees: New Foundations for Environmental Law.” Yale Law Journal 83 (1973-1974): 1315-1348. Zablocki, Benjamin. Alienation and Charisma: A Study of Contemporary American Communes. New York: Free Press, 1980.

There are many ways to construct, shape and frame a history of popular music. From a focus on performers to a stress on cities, from theories of modernity to reveling in ‘the post,’ innovative music has been matched by evocative writing about it. One arc of analysis in popular music studies focuses on the record label. Much has been written about Sun, Motown, Factory and Apple, but there are many labels that have not reached this level of notoriety and fame but offer much to our contemporary understanding of music, identity and capitalism. The aim of this article is to capture an underwritten history of 21st century music, capturing and tracking moments of collaboration, movement and contact. Through investigating a specific record label, we explore the interconnectiveness of electronica and city-based creative industries’ initiatives. While urban dance culture is still pathologised through drug scares and law and order concerns, clubbing studies and emerging theories of sonic media and auditory cultures offer a significant trigger and frame for this current research. The focus on Off World Sounds (OWS) traces a meta-independent label that summons, critiques, reinscribes and provokes the conventional narratives of capitalism in music. We show how OWS has remade and remixed the collaborations of punk to forge innovative ways of thinking about creativity, policy and popular culture. While commencing with a review of the origin, ideology and intent of OWS, the final part of the paper shows where the experiment went wrong and what can be learnt from this sonic label laboratory. Moving Off World Popular cultural studies evoke and explore discursive formations and texts that activate dissent, conflict and struggle. This strategy is particularly potent when exploring how immigration narratives fray the borders of the nation state. At its most direct, this analysis provides a case study to assess and answer some of Nabeel Zuberi’s questions about sonic topography that he raises in Sounds English. I’m concerned less with music as a reflection of national history and geography than how the practices of popular music culture themselves construct the spaces of the local, national, and transnational. How does the music imagine the past and place? How does it function as a memory-machine, a technology for the production of subjective and collective versions of location and identity? How do the techniques of sounds, images, and activities centered on popular music create landscapes with figures? (3) Dance music is mashed between creativity, consumerism and capitalism. Picking up on Zuberi’s challenge, the story of OWS is also a history of what happens to English migrants who travel to Australia, and how they negotiate the boundaries of the Australian nation. Immigration is important to any understanding of contemporary music. The two proprietors of OWS are Pete Carroll and, one of the two writers of this current article, Stephen Mallinder. Both English proprietors immigrated to Perth in Australia. They used their contacts to sign electronica performers from beyond this single city. They encouraged the tracks to move freely through lymphatic digital networks for remixing—‘lymphatic’ signalling a secondary pathway for commerce and creativity where new musical relationships were being formed outside the influence of major record companies. Performers signed to OWS form independent networks with other performers. This mobility of sound has operated in parallel with the immigration policies of the Howard government that have encouraged insularity and xenophobia. In other eras of racial inequality and discrimination, the independent record label has been not only an integral part of the music industry, but a springboard for political dissent. The histories of jazz and rhythm and blues capture a pivotal moment of independent entrepreneurialism that transformed new and strange sounds/noises into popular music. In monitoring and researching this complex process of musical movement and translation, the independent label has remained the home of the peripheral, the misunderstood, and the uncompromising. Soul music in the United States of America is an example of a sonic form that sustained independence while corporate labels made a profit. Labels like Atlantic Records became synonymous with the success of black vocal music in the 1960s and 1970s, while the smaller independent labels like Chess and Invicta constructed a brand identity. While the division between the majors and the independents increasingly dissolves, particularly at the level of distribution, the independent label remains significant as innovator and instigator. It retains its status and pedagogic function in teaching an audience about new sounds and developing aural literacies. OWS inked its well from an idealistic and collaborative period of label evolution. The punk aesthetic of the late 1970s not only triggered wide-ranging implications for youth culture, but also opened spaces for alternative record labels and label identity. Rough Trade was instrumental in imbuing a spirit of cooperation and a benign mode of competition. A shift in the distribution of records and associated merchandizing to strengthen product association—such as magazines, fanzines and T-Shirts—enabled Rough Trade to deal directly with pivotal stores and outlets and then later establish cartels with stores to provide market security and a workable infrastructure. Links were built with ancillary agents such as concert promoters, press, booking agents, record producers and sleeve designers, to create a national, then European and international, network to produce an (under the counter) culture. Such methods can also be traced in the history of Postcard Records from Edinburgh, Zoo Records from Liverpool, Warp in Sheffield, Pork Recordings in Hull, Hospital Records in London, and both Grand Central and Factory in Manchester. From the ashes of the post-1976 punk blitzkrieg, independent labels bloomed with varying impact, effect and success, but they held an economic and political agenda. The desire was to create a strong brand identity by forming a tight collaboration between artists and distributors. Perceptions of a label’s size and significance was enhanced and enlarged through this collaborative relationship. OWS acknowledged and rewrote this history of the independent label. There was a desire to fuse the branding of the label with the artists signed, released and distributed. No long term obligations on behalf of the artists were required. A 50/50 split after costs was shared. While such an ‘agreement’ appeared anachronistic, it was also a respectful nod to the initial label/artist split offered by Rough Trade. Collaboration with artists throughout the process offered clear statements of intent, with idealism undercut by pragmatism. From track selection, sleeve design, promotion strategy and interview schedule, the level of communication created a sense of joint ownership and dialogue between label and artist. This reinscription of independent record history is complex because OWS’ stable of performers and producers is an amalgamation of dub, trance, hip hop, soul and house genres. Much of trans-localism of OWS was encouraged by its base in Perth. Metaphorically ‘off world’, Perth is a pad for international music to land, be remixed, recut and re-released. Just as Wellington is the capital of Tolkien’s Middle Earth as well as New Zealand, Perth is a remix capital for Paris or New York-based performers. The brand name ‘Off World Sounds’ was designed to emphasise isolation: to capture the negativity of isolation but rewrite separation and distinctiveness with a positive inflection. The title was poached from Ridley Scott’s 1980s film Bladerunner, which was in turn based on Philip K. Dick’s story, “Do Androids Dream of Electric Sheep?” Affirming this isolation summoned an ironic commentary on Perth’s geographical location, while also mocking the 1980s discourses of modernity and the near future. The key was to align punk’s history of collaboration with this narrative of isolation and independence, to explore mobility, collaboration, and immigration. Spaces in the Music Discussions of place dictate a particular methodology to researching music. Dreams of escape and, concurrently, intense desires for home pepper the history of popular music. What makes OWS important to theories of musical collaboration is that not only was there a global spread of musicians, producers and designers, but they worked together in a series of strategic trans-localisms. There were precedents for disconnecting place and label, although not of the scale instigated by OWS. Fast Products, although based in Glasgow, signed The Human League from Sheffield and Gang of Four from Leeds. OWS was unique in signing artists disconnected on a global scale, with the goal of building collaborations in remixing and design. Gripper, from the north east of England, Little Egypt from New York, The Bone Idle from Vienna, Hull and Los Angeles, Looped for Pleasure from Sheffield, Barney Mullhouse from Australia and the United Kingdom, Ooblo from Manchester, Attache from Adelaide, Crackpot from Melbourne and DB Chills from Sydney are also joined by artists resident in Perth, such as Soundlab, the Ku-Ling Bros and Blue Jay. Compact Disc mastering is completed in Sydney, London, and Perth. The artwork for vinyl and CD sleeves, alongside flyers, press advertising and posters, is derived from Manchester, England. These movements in the music flattened geographical hierarchies, where European and American tracks were implicitly valued over Australian-derived material. Through pop music history, the primary music markets of the United Kingdom and United States made success for Australian artists difficult. Off World emphasised that the product was not licensed. It was previously unreleased material specifically recorded for the label and an exclusive Australian first territory release. Importantly, this licensing agreement also broadened definitions and interpretations of ‘Australian music’. Such a critique and initiative was important. For example, Paul Bodlovich, Director of the West Australian Music Industry (WAM), believed he was extending the brief of his organisation during his tenure. Once more though, rock was the framework, structure and genre of interest. Explaining the difference from his predecessor, he stated that: [James Nagy] very much saw the music industry as being only bands who were playing all original music—to him they were the only people who actually constituted the music industry. I have a much broader view on that, that all those other people who are around the band—the manager, the promoters, the labels, the audio guys, the whole shebang—that they are part of the music industry too. (33) Much was absent from his ‘whole shebang,’ including the fans who actually buy the music and attend the pubs and clubs. A diversity of genres was also not acknowledged. If hip hop, and urban music generally, is added to his list of new interests, then clubs, graf galleries, dance instructors and fashion and jewelry designers could extend the network of musical collaborations. A parody of corporate culture and a pastiche of the post-punk aesthetic, OWS networked and franchised itself into existence. It was a cottage industry superimposed onto a corporate infrastructure. Attempting to make inroads into an insular Perth arts community and build creative industries’ networks without state government policy support, Off World offered an optimistic perspective on the city’s status and value in a national and global electronic market. Yet in commercial terms, OWS failed. What OWS captures through its failures conveys more about music policy in Australia than any success. The label has been able to catalogue the lack of changes to Perth’s music policy. The proprietors, performers and designers were not approached in 2002 by the Western Australian Contemporary Music Taskforce to offer comment. Yet Matthew Benson and Poppy Wise, researchers for that report, stated that “the solution lies in the industry becoming more outwardly focused, and to do this, it must seek the input of successful professionals who have proven track records in the marketing of music nationally and globally” (9). The resultant document argued that the industry needed to the look to Sydney and Melbourne for knowledge of “international” markets. Yet Paul Bodlovich, the Director of WAM, singled out the insularity of ‘England,’ not Britain, and ‘America’ in comparison to the ‘outward’ Perth music industry: To us, they’re all centre of the universe, but they don’t look past their walls, they don’t have a clue what goes in other parts of the world … All they see say in England is English TV, or in America it’s American TV. Whereas we sit in a very isolated part of the world and we absorb culture from everywhere because we think we have to just to be on an equal arc with everyone else. We think we have to absorb stuff from other cultures because unless we do then we really are isolated … It’s a similar belief to the ongoing issue of women in the workplace, where there’s a belief that to be seen on equal footing you have to be better. (33) This knight’s move affiliation of Perth’s musicians with women in the workplace is bizarre and inappropriate. This unfortunate connection is made worse when recognizing that Perth’s music institutions and organisations, such as WAM, are dominated by white, Australian-born men. To promote the outwardness of Perth culture while not mentioning the role and function of immigration is not addressing how mobility, creativity and commerce is activated. To unify ‘England’ and ‘America,’ without recognizing the crucial differences between Manchester and Bristol, New York and New Orleans, is conservative, arrogant, and wrong. National models of music, administered by Australian-born white men and funded through grants-oriented peer review models rather than creative industries’ infrastructural initiatives, still punctuate Western Australian music. Off World Sounds has been caught in non-collaborative, nationalist models for organising culture and economics. It is always easy to affirm the specialness and difference of a city’s sound or music. While affirming the nation and rock, outsiders appear threatening to the social order. When pondering cities and electronica, collaboration, movement and meaning dance through the margins. References Benson, Matthew, and Poppy Wise. A Study into the Current State of the Western Australian Contemporary Music Industry and Its Potential for Economic Growth. Department of Culture and the Arts, Government of Western Australia, December 2002. Bodlovich, Paul. “Director’s Report.” X-Press 940 (17 Feb. 2005): 33. Zuberi, Nabeel. Sounds English: Transnational Popular Music. Urbana: U of Illinois P, 2001. Citation reference for this article MLA Style Brabazon, Tara, and Stephen Mallinder. "Off World Sounds: Building a Collaborative Soundscape." M/C Journal 9.2 (2006). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0605/13-brabazonmallinder.php>. APA Style Brabazon, T., and S. Mallinder. (May 2006) "Off World Sounds: Building a Collaborative Soundscape," M/C Journal, 9(2). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0605/13-brabazonmallinder.php>.

IntroductionFirmly located within the discourse of visible culture as the lofty preserve of art exhibitions and museum artefacts, the noun “curate” has gradually transformed into the verb “to curate”. Williams writes that “curate” has become a fashionable code word among the aesthetically minded to describe a creative activity. Designers no longer simply sell clothes; they “curate” merchandise. Chefs no longer only make food; they also “curate” meals. Chosen for their keen eye for a particular style or a precise shade, it is their knowledge of their craft, their reputation, and their sheer ability to choose among countless objects which make the creative process a creative activity in itself. Writing from within the framework of “curate” as a creative process, this article discusses how the state banquet for Queen Elizabeth II, hosted by Irish President Mary McAleese at Dublin Castle in May 2011, was carefully curated to represent Ireland’s diplomatic, cultural, and culinary identity. The paper will focus in particular on how the menu for the banquet was created and how the banquet’s brief, “Ireland on a Plate”, was fulfilled.History and BackgroundFood has been used by nations for centuries to display wealth, cement alliances, and impress foreign visitors. Since the feasts of the Numidian kings (circa 340 BC), culinary staging and presentation has belonged to “a long, multifaceted and multicultural history of diplomatic practices” (IEHCA 5). According to the works of Baughman, Young, and Albala, food has defined the social, cultural, and political position of a nation’s leaders throughout history.In early 2011, Ross Lewis, Chef Patron of Chapter One Restaurant in Dublin, was asked by the Irish Food Board, Bord Bía, if he would be available to create a menu for a high-profile banquet (Mahon 112). The name of the guest of honour was divulged several weeks later after vetting by the protocol and security divisions of the Department of the Taoiseach (Prime Minister) and the Department of Foreign Affairs and Trade. Lewis was informed that the menu was for the state banquet to be hosted by President Mary McAleese at Dublin Castle in honour of Queen Elizabeth II’s visit to Ireland the following May.Hosting a formal banquet for a visiting head of state is a key feature in the statecraft of international and diplomatic relations. Food is the societal common denominator that links all human beings, regardless of culture (Pliner and Rozin 19). When world leaders publicly share a meal, that meal is laden with symbolism, illuminating each diner’s position “in social networks and social systems” (Sobal, Bove, and Rauschenbach 378). The public nature of the meal signifies status and symbolic kinship and that “guest and host are on par in terms of their personal or official attributes” (Morgan 149). While the field of academic scholarship on diplomatic dining might be young, there is little doubt of the value ascribed to the semiotics of diplomatic gastronomy in modern power structures (Morgan 150; De Vooght and Scholliers 12; Chapple-Sokol 162), for, as Firth explains, symbols are malleable and perfectly suited to exploitation by all parties (427).Political DiplomacyWhen Ireland gained independence in December 1921, it marked the end of eight centuries of British rule. The outbreak of “The Troubles” in 1969 in Northern Ireland upset the gradually improving environment of British–Irish relations, and it would be some time before a state visit became a possibility. Beginning with the peace process in the 1990s, the IRA ceasefire of 1994, and the Good Friday Agreement in 1998, a state visit was firmly set in motion by the visit of Irish President Mary Robinson to Buckingham Palace in 1993, followed by the unofficial visit of the Prince of Wales to Ireland in 1995, and the visit of Irish President Mary McAleese to Buckingham Palace in 1999. An official invitation to Queen Elizabeth from President Mary McAleese in March 2011 was accepted, and the visit was scheduled for mid-May of the same year.The visit was a highly performative occasion, orchestrated and ordained in great detail, displaying all the necessary protocol associated with the state visit of one head of state to another: inspection of the military, a courtesy visit to the nation’s head of state on arrival, the laying of a wreath at the nation’s war memorial, and a state banquet.These aspects of protocol between Britain and Ireland were particularly symbolic. By inspecting the military on arrival, the existence of which is a key indicator of independence, Queen Elizabeth effectively demonstrated her recognition of Ireland’s national sovereignty. On making the customary courtesy call to the head of state, the Queen was received by President McAleese at her official residence Áras an Uachtaráin (The President’s House), which had formerly been the residence of the British monarch’s representative in Ireland (Robbins 66). The state banquet was held in Dublin Castle, once the headquarters of British rule where the Viceroy, the representative of Britain’s Court of St James, had maintained court (McDowell 1).Cultural DiplomacyThe state banquet provided an exceptional showcase of Irish culture and design and generated a level of preparation previously unseen among Dublin Castle staff, who described it as “the most stage managed state event” they had ever witnessed (Mahon 129).The castle was cleaned from top to bottom, and inventories were taken of the furniture and fittings. The Waterford Crystal chandeliers were painstakingly taken down, cleaned, and reassembled; the Killybegs carpets and rugs of Irish lamb’s wool were cleaned and repaired. A special edition Newbridge Silverware pen was commissioned for Queen Elizabeth and Prince Philip to sign the newly ordered Irish leather-bound visitors’ book. A new set of state tableware was ordered for the President’s table. Irish manufacturers of household goods necessary for the guest rooms, such as towels and soaps, hand creams and body lotions, candle holders and scent diffusers, were sought. Members of Her Majesty’s staff conducted a “walk-through” several weeks in advance of the visit to ensure that the Queen’s wardrobe would not clash with the surroundings (Mahon 129–32).The promotion of Irish manufacture is a constant thread throughout history. Irish linen, writes Kane, enjoyed a reputation as far afield as the Netherlands and Italy in the 15th century, and archival documents from the Vaucluse attest to the purchase of Irish cloth in Avignon in 1432 (249–50). Support for Irish-made goods was raised in 1720 by Jonathan Swift, and by the 18th century, writes Foster, Dublin had become an important centre for luxury goods (44–51).It has been Irish government policy since the late 1940s to use Irish-manufactured goods for state entertaining, so the material culture of the banquet was distinctly Irish: Arklow Pottery plates, Newbridge Silverware cutlery, Waterford Crystal glassware, and Irish linen tablecloths. In order to decide upon the table setting for the banquet, four tables were laid in the King’s Bedroom in Dublin Castle. The Executive Chef responsible for the banquet menu, and certain key personnel, helped determine which setting would facilitate serving the food within the time schedule allowed (Mahon 128–29). The style of service would be service à la russe, so widespread in restaurants today as to seem unremarkable. Each plate is prepared in the kitchen by the chef and then served to each individual guest at table. In the mid-19th century, this style of service replaced service à la française, in which guests typically entered the dining room after the first course had been laid on the table and selected food from the choice of dishes displayed around them (Kaufman 126).The guest list was compiled by government and embassy officials on both sides and was a roll call of Irish and British life. At the President’s table, 10 guests would be served by a team of 10 staff in Dorchester livery. The remaining tables would each seat 12 guests, served by 12 liveried staff. The staff practiced for several days prior to the banquet to make sure that service would proceed smoothly within the time frame allowed. The team of waiters, each carrying a plate, would emerge from the kitchen in single file. They would then take up positions around the table, each waiter standing to the left of the guest they would serve. On receipt of a discreet signal, each plate would be laid in front of each guest at precisely the same moment, after which the waiters would then about foot and return to the kitchen in single file (Mahon 130).Post-prandial entertainment featured distinctive styles of performance and instruments associated with Irish traditional music. These included reels, hornpipes, and slipjigs, voice and harp, sean-nόs (old style) singing, and performances by established Irish artists on the fiddle, bouzouki, flute, and uilleann pipes (Office of Public Works).Culinary Diplomacy: Ireland on a PlateLewis was given the following brief: the menu had to be Irish, the main course must be beef, and the meal should represent the very best of Irish ingredients. There were no restrictions on menu design. There were no dietary requirements or specific requests from the Queen’s representatives, although Lewis was informed that shellfish is excluded de facto from Irish state banquets as a precautionary measure. The meal was to be four courses long and had to be served to 170 diners within exactly 1 hour and 10 minutes (Mahon 112). A small army of 16 chefs and 4 kitchen porters would prepare the food in the kitchen of Dublin Castle under tight security. The dishes would be served on state tableware by 40 waiters, 6 restaurant managers, a banqueting manager and a sommélier. Lewis would be at the helm of the operation as Executive Chef (Mahon 112–13).Lewis started by drawing up “a patchwork quilt” of the products he most wanted to use and built the menu around it. The choice of suppliers was based on experience but also on a supplier’s ability to deliver perfectly ripe goods in mid-May, a typically black spot in the Irish fruit and vegetable growing calendar as it sits between the end of one season and the beginning of another. Lewis consulted the Queen’s itinerary and the menus to be served so as to avoid repetitions. He had to discard his initial plan to feature lobster in the starter and rhubarb in the dessert—the former for the precautionary reasons mentioned above, and the latter because it featured on the Queen’s lunch menu on the day of the banquet (Mahon 112–13).Once the ingredients had been selected, the menu design focused on creating tastes, flavours and textures. Several draft menus were drawn up and myriad dishes were tasted and discussed in the kitchen of Lewis’s own restaurant. Various wines were paired and tasted with the different courses, the final choice being a Château Lynch-Bages 1998 red and a Château de Fieuzal 2005 white, both from French Bordeaux estates with an Irish connection (Kellaghan 3). Two months and two menu sittings later, the final menu was confirmed and signed off by state and embassy officials (Mahon 112–16).The StarterThe banquet’s starter featured organic Clare Island salmon cured in a sweet brine, laid on top of a salmon cream combining wild smoked salmon from the Burren and Cork’s Glenilen Farm crème fraîche, set over a lemon balm jelly from the Tannery Cookery School Gardens, Waterford. Garnished with horseradish cream, wild watercress, and chive flowers from Wicklow, the dish was finished with rapeseed oil from Kilkenny and a little sea salt from West Cork (Mahon 114). Main CourseA main course of Irish beef featured as the pièce de résistance of the menu. A rib of beef from Wexford’s Slaney Valley was provided by Kettyle Irish Foods in Fermanagh and served with ox cheek and tongue from Rathcoole, County Dublin. From along the eastern coastline came the ingredients for the traditional Irish dish of smoked champ: cabbage from Wicklow combined with potatoes and spring onions grown in Dublin. The new season’s broad beans and carrots were served with wild garlic leaf, which adorned the dish (Mahon 113). Cheese CourseThe cheese course was made up of Knockdrinna, a Tomme style goat’s milk cheese from Kilkenny; Milleens, a Munster style cow’s milk cheese produced in Cork; Cashel Blue, a cow’s milk blue cheese from Tipperary; and Glebe Brethan, a Comté style cheese from raw cow’s milk from Louth. Ditty’s Oatmeal Biscuits from Belfast accompanied the course.DessertLewis chose to feature Irish strawberries in the dessert. Pat Clarke guaranteed delivery of ripe strawberries on the day of the banquet. They married perfectly with cream and yoghurt from Glenilen Farm in Cork. The cream was set with Irish Carrageen moss, overlaid with strawberry jelly and sauce, and garnished with meringues made with Irish apple balsamic vinegar from Lusk in North Dublin, yoghurt mousse, and Irish soda bread tuiles made with wholemeal flour from the Mosse family mill in Kilkenny (Mahon 113).The following day, President McAleese telephoned Lewis, saying of the banquet “Ní hé go raibh sé go maith, ach go raibh sé míle uair níos fearr ná sin” (“It’s not that it was good but that it was a thousand times better”). The President observed that the menu was not only delicious but that it was “amazingly articulate in terms of the story that it told about Ireland and Irish food.” The Queen had particularly enjoyed the stuffed cabbage leaf of tongue, cheek and smoked colcannon (a traditional Irish dish of mashed potatoes with curly kale or green cabbage) and had noted the diverse selection of Irish ingredients from Irish artisans (Mahon 116). Irish CuisineWhen the topic of food is explored in Irish historiography, the focus tends to be on the consequences of the Great Famine (1845–49) which left the country “socially and emotionally scarred for well over a century” (Mac Con Iomaire and Gallagher 161). Some commentators consider the term “Irish cuisine” oxymoronic, according to Mac Con Iomaire and Maher (3). As Goldstein observes, Ireland has suffered twice—once from its food deprivation and second because these deprivations present an obstacle for the exploration of Irish foodways (xii). Writing about Italian, Irish, and Jewish migration to America, Diner states that the Irish did not have a food culture to speak of and that Irish writers “rarely included the details of food in describing daily life” (85). Mac Con Iomaire and Maher note that Diner’s methodology overlooks a centuries-long tradition of hospitality in Ireland such as that described by Simms (68) and shows an unfamiliarity with the wealth of food related sources in the Irish language, as highlighted by Mac Con Iomaire (“Exploring” 1–23).Recent scholarship on Ireland’s culinary past is unearthing a fascinating story of a much more nuanced culinary heritage than has been previously understood. This is clearly demonstrated in the research of Cullen, Cashman, Deleuze, Kellaghan, Kelly, Kennedy, Legg, Mac Con Iomaire, Mahon, O’Sullivan, Richman Kenneally, Sexton, and Stanley, Danaher, and Eogan.In 1996 Ireland was described by McKenna as having the most dynamic cuisine in any European country, a place where in the last decade “a vibrant almost unlikely style of cooking has emerged” (qtd. in Mac Con Iomaire “Jammet’s” 136). By 2014, there were nine restaurants in Dublin which had been awarded Michelin stars or Red Ms (Mac Con Iomaire “Jammet’s” 137). Ross Lewis, Chef Patron of Chapter One Restaurant, who would be chosen to create the menu for the state banquet for Queen Elizabeth II, has maintained a Michelin star since 2008 (Mac Con Iomaire, “Jammet’s” 138). Most recently the current strength of Irish gastronomy is globally apparent in Mark Moriarty’s award as San Pellegrino Young Chef 2015 (McQuillan). As Deleuze succinctly states: “Ireland has gone mad about food” (143).This article is part of a research project into Irish diplomatic dining, and the author is part of a research cluster into Ireland’s culinary heritage within the Dublin Institute of Technology. The aim of the research is to add to the growing body of scholarship on Irish gastronomic history and, ultimately, to contribute to the discourse on the existence of a national cuisine. If, as Zubaida says, “a nation’s cuisine is its court’s cuisine,” then it is time for Ireland to “research the feasts as well as the famines” (Mac Con Iomaire and Cashman 97).ConclusionThe Irish state banquet for Queen Elizabeth II in May 2011 was a highly orchestrated and formalised process. From the menu, material culture, entertainment, and level of consultation in the creative content, it is evident that the banquet was carefully curated to represent Ireland’s diplomatic, cultural, and culinary identity.The effects of the visit appear to have been felt in the years which have followed. Hennessy wrote in the Irish Times newspaper that Queen Elizabeth is privately said to regard her visit to Ireland as the most significant of the trips she has made during her 60-year reign. British Prime Minister David Cameron is noted to mention the visit before every Irish audience he encounters, and British Foreign Secretary William Hague has spoken in particular of the impact the state banquet in Dublin Castle made upon him. Hennessy points out that one of the most significant indicators of the peaceful relationship which exists between the two countries nowadays was the subsequent state visit by Irish President Michael D. Higgins to Britain in 2013. This was the first state visit to the United Kingdom by a President of Ireland and would have been unimaginable 25 years ago. The fact that the President and his wife stayed at Windsor Castle and that the attendant state banquet was held there instead of Buckingham Palace were both deemed to be marks of special favour and directly attributed to the success of Her Majesty’s 2011 visit to Ireland.As the research demonstrates, eating together unites rather than separates, gathers rather than divides, diffuses political tensions, and confirms alliances. It might be said then that the 2011 state banquet hosted by President Mary McAleese in honour of Queen Elizabeth II, curated by Ross Lewis, gives particular meaning to the axiom “to eat together is to eat in peace” (Taliano des Garets 160).AcknowledgementsSupervisors: Dr Máirtín Mac Con Iomaire (Dublin Institute of Technology) and Dr Michael Kennedy (Royal Irish Academy)Fáilte IrelandPhotos of the banquet dishes supplied and permission to reproduce them for this article kindly granted by Ross Lewis, Chef Patron, Chapter One Restaurant ‹http://www.chapteronerestaurant.com/›.Illustration ‘Ireland on a Plate’ © Jesse Campbell BrownRemerciementsThe author would like to thank the anonymous reviewers for their feedback and suggestions on an earlier draft of this article.ReferencesAlbala, Ken. The Banquet: Dining in the Great Courts of Late Renaissance Europe. 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This paper argues that illegitimacy is a concept that relates to almost all of the fundamental ways in which Western society has traditionally organised itself. Sex, family and marriage, and the power of the church and state, are all implicated in the various ways in which society reproduces itself from generation to generation. All employ the concepts of legitimacy and illegitimacy to define what is and what is not permissible. Further, the creation of the illegitimate can occur in more or less legitimate ways; for example, through acts of consent, on the one hand; and force, on the other. This paper uses the study of an English Renaissance text, Shakespeare’s Henry V, to argue that these concepts remain potent ones, regularly invoked as a means of identifying and denouncing perceived threats to the good ordering of the social fabric. In western societies, many of which may be constructed as post-marriage, illegitimate is often applied as a descriptor to unlicensed migrants, refugees and asylum seekers. In countries subject to war and conflict, rape as a war crime is increasingly used by armies to create fractures within the subject community and to undermine the paternity of a cohort of children. In societies where extramarital sex is prohibited, or where rape has been used as a weapon of war, the bastard acts as physical evidence that an unsanctioned act has been committed and the laws of society broken, a “failure in social control” (Laslett, Oosterveen and Smith, 5). This paper explores these themes, using past conceptions of the illegitimate and bastardy as an explanatory concept for problematic aspects of legitimacy in contemporary culture.Bastardy was a particularly important issue in sixteenth and seventeenth century Europe when an individual’s genealogy was a major determining factor of social status, property and identity (MacFarlane). Further, illegitimacy was not necessarily an aspect of a person’s birth. It could become a status into which they were thrust through the use of divorce, for example, as when Henry VIII illegitimised his daughter Mary after annulling his marriage to Mary’s mother, Catherine of Aragon. Alison Findlay’s study of illegitimacy in Renaissance literature lists over 70 portrayals of illegitimacy, or characters threatened with illegitimacy, between 1588 and 1652 (253–257). In addition to illegitimacy at an individual level however, discussions around what constitutes the “illegitimate” figure in terms of its relationship with the family and the wider community, are also applicable to broader concerns over national identity. In work such as Stages of History, Phyllis Rackin dissected images of masculine community present in Shakespeare’s history plays to expose underlying tensions over gender, power and identity. As the study of Henry V indicates in the following discussion, illegitimacy was also a metaphor brought to bear on issues of national as well as personal identity in the early modern era. The image of the nation as a “family” to denote unity and security, both then and now, is rendered complex and problematic by introducing the “illegitimate” into that nation-family image. The rhetoric used in the recent debate over the Scottish independence referendum, and in Australia’s ongoing controversy over “illegitimate” migration, both indicate that the concept of a “national bastard”, an amorphous figure that resists precise definition, remains a potent rhetorical force. Before turning to the detail of Henry V, it is useful to review the use of “illegitimate” in the early modern context. Lacking an established position within a family, a bastard was in danger of being marginalised and deprived of any but the most basic social identity. If acknowledged by a family, the bastard might become a drain on that family’s economic resources, drawing money away from legitimate children and resented accordingly. Such resentment may be reciprocated. In his essay “On Envy” the scientist, author, lawyer and eventually Lord Chancellor of England Francis Bacon explained the destructive impulse of bastardy as follows: “Deformed persons, and eunuchs, and old men, and bastards, are envious. For he that cannot possibly mend his own case will do what he can to impair another’s.” Thus, bastardy becomes a plot device which can be used to explain and to rationalise evil. In early modern English literature, as today, bastardy as a defect of birth is only one meaning for the word. What does “in everything illegitimate” (quoting Shakespeare’s character Thersites in Troilus and Cressida [V.viii.8]) mean for our understanding of both our own society and that of the late sixteenth century? Bastardy is an important ideologeme, in that it is a “unit of meaning through which the ‘social space’ constructs the ideological values of its signs” (Schleiner, 195). In other words, bastardy has an ideological significance that stretches far beyond a question of parental marital status, extending to become a metaphor for national as well as personal loss of identity. Anti-Catholic polemicists of the early sixteenth century accused priests of begetting a generation of bastards that would overthrow English society (Fish, 7). The historian Polydore Vergil was accused of suborning and bastardising English history by plagiarism and book destruction: “making himself father to other men’s works” (Hay, 159). Why is illegitimacy so important and so universal a metaphor? The term “bastard” in its sense of mixture or mongrel has been applied to language, to weaponry, to almost anything that is a distorted but recognisable version of something else. As such, the concept of bastardy lends itself readily to the rhetorical figure of metaphor which, as the sixteenth century writer George Puttenham puts it, is “a kind of wresting of a single word from his owne right signification, to another not so natural, but yet of some affinitie or coueniencie with it” (Puttenham, 178). Later on in The Art of English Poesie, Puttenham uses the word “bastard” to describe something that can best be recognised as being an imperfect version of something else: “This figure [oval] taketh his name of an egge […] and is as it were a bastard or imperfect rounde declining toward a longitude.” (101). “Bastard” as a descriptive term in this context has meaning because it connects the subject of discussion with its original. Michael Neill takes an anthropological approach to the question of why the bastard in early modern drama is almost invariably depicted as monstrous or evil. In “In everything illegitimate: Imagining the Bastard in Renaissance Drama,” Neill argues that bastards are “filthy”, using the term as it is construed by Mary Douglas in her work Purity and Danger. Douglas argues that dirt is defined by being where it should not be, it is “matter in the wrong place, belonging to ‘a residual category, rejected from our normal scheme of classifications,’ a source of fundamental pollution” (134). In this argument the figure of the bastard aligns strongly with the concept of the Other (Said). Arguably, however, the anthropologist Edmund Leach provides a more useful model to understand the associations of hybridity, monstrosity and bastardy. In “Animal Categories and Verbal Abuse”, Leach asserts that our perceptions of the world around us are largely based on binary distinctions; that an object is one thing, and is not another. If an object combines attributes of itself with those of another, the interlapping area will be suppressed so that there may be no hesitation in discerning between them. This repressed area, the area which is neither one thing nor another but “liminal” (40), becomes the object of fear and of fascination: – taboo. It is this liminality that creates anxiety surrounding bastards, as they occupy the repressed, “taboo” area between family and outsiders. In that it is born out of wedlock, the bastard child has no place within the family structure; yet as the child of a family member it cannot be completely relegated to the external world. Michael Neill rightly points out the extent to which the topos of illegitimacy is associated with the disintegration of boundaries and a consequent loss of coherence and identity, arguing that the bastard is “a by-product of the attempt to define and preserve a certain kind of social order” (147). The concept of the liminal figure, however, recognises that while a by-product can be identified and eliminated, a bastard can neither be contained nor excluded. Consequently, the bastard challenges the established order; to be illegitimate, it must retain its connection with the legitimate figure from which it diverges. Thus the illegitimate stands as a permanent threat to the legitimate, a reminder of what the legitimate can become. Bastardy is used by Shakespeare to indicate the fear of loss of national as well as personal identity. Although noted for its triumphalist construction of a hero-king, Henry V is also shot through with uncertainties and fears, fears which are frequently expressed using illegitimacy as a metaphor. Notwithstanding its battle scenes and militarism, it is the lawyers, genealogists and historians who initiate and drive forward the narrative in Henry V (McAlindon, 435). The reward of the battle for Henry is not so much the crown of France as the assurance of his own legitimacy as monarch. The lengthy and legalistic recital of genealogies with which the Archbishop of Canterbury proves to general English satisfaction that their English king Henry holds a better lineal right to the French throne than its current occupant may not be quite as “clear as is the summer sun” (Henry V 1.2.83), but Henry’s question about whether he may “with right and conscience” make his claim to the French throne elicits a succinct response. The churchmen tell Henry that, in order to demonstrate that he is truly the descendant of his royal forefathers, Henry will need to validate that claim. In other words, the legitimacy of Henry’s identity, based on his connection with the past, is predicated on his current behaviour:Gracious lord,Stand for your own; unwind your bloody flag;Look back into your mighty ancestors:Go, my dread lord, to your great-grandsire’s tomb,From whom you claim; invoke his warlike spirit…Awake remembrance of these valiant dead,And with your puissant arm renew their feats:You are their heir, you sit upon their throne,The blood and courage that renowned themRuns in your veins….Your brother kings and monarchs of the earthDo all expect that you should rouse yourselfAs did the former lions of your blood. (Henry V 1.2.122 – 124)These exhortations to Henry are one instance of the importance of genealogy and its immediate connection to personal and national identity. The subject recurs throughout the play as French and English characters both invoke a discourse of legitimacy and illegitimacy to articulate fears of invasion, defeat, and loss of personal and national identity. One particular example of this is the brief scene in which the French royalty allow themselves to contemplate the prospect of defeat at the hands of the English:Fr. King. ‘Tis certain, he hath pass’d the river Somme.Constable. And if he be not fought withal, my lord,Let us not live in France; let us quit all,And give our vineyards to a barbarous people.Dauphin. O Dieu vivant! shall a few sprays of us,The emptying of our fathers’ luxury,Our scions, put in wild and savage stock,Spirt up so suddenly into the clouds,And overlook their grafters?Bourbon. Normans, but bastard Normans, Norman bastards!...Dauphin. By faith and honour,Our madams mock at us, and plainly sayOur mettle is bred out; and they will giveTheir bodies to the lust of English youthTo new-store France with bastard warriors. (Henry V 3.5.1 – 31).Rape and sexual violence pervade the language of Henry V. France itself is constructed as a sexually vulnerable female with “womby vaultages” and a “mistress-court” (2.4.131, 140). In one of his most famous speeches Henry graphically describes the rape and slaughter that accompanies military defeat (3.3). Reading Henry V solely in terms of its association of military conquest with sexual violence, however, runs the risk of overlooking the image of bastards themselves as both the threat and the outcome of national defeat. The lines quoted above exemplify the extent to which illegitimacy was a vital metaphor within early modern discourses of national as well as personal identity. Although the lines are divided between various speakers – the French King, Constable (representing the law), Dauphin (the Crown Prince) and Bourbon (representing the aristocracy) – the images develop smoothly and consistently to express English dominance and French subordination, articulated through images of illegitimacy.The dialogue begins with the most immediate consequence of invasion and of illegitimacy: the loss of property. Legitimacy, illegitimacy and property were so closely associated that a case of bastardy brought to the ecclesiastical court that did not include a civil law suit about land was referred to as a case of “bastardy speciall”, and the association between illegitimacy and property is present in this speech (Cowell, 14). The use of the word “vine” is simultaneously a metonym for France and a metaphor for the family, as in the “family tree”, conflating the themes of family identity and national identity that are both threatened by the virile English forces.As the dialogue develops, the rhetoric becomes more elaborate. The vines which for the Constable (from a legal perspective) represented both France and French families become instead an attempt to depict the English as being of a subordinate breed. The Dauphin’s brief narrative of the English origins refers to the illegitimate William the Conqueror, bastard son of the Duke of Normandy and by designating the English as being descendants of a bastard Frenchman the Dauphin attempts to depict the English nation as originating from a superabundance of French virility; wild offshoots from a true stock. Yet “grafting” one plant to another can create a stronger plant, which is what has happened here. The Dauphin’s metaphors, designed to construct the English as an unruly and illegitimate offshoot of French society, a product of the overflowing French virility, evolve instead into an emblem of a younger, stronger branch which has overtaken its enfeebled origins.In creating this scene, Shakespeare constructs the Frenchmen as being unable to contain the English figuratively, still less literally. The attempts to reduce the English threat by imagining them as “a few sprays”, a product of casual sexual excess, collapses into Bourbon’s incoherent ejaculation: “Normans, but bastard Normans, Norman bastards!” and the Norman bastard dominates the conclusion of the scene. Instead of containing and marginalising the bastard, the metaphoric language creates and acknowledges a threat which cannot be marginalised. The “emptying of luxury” has engendered an uncontrollable illegitimate who will destroy the French nation beyond any hope of recovery, overrunning France with bastards.The scene is fascinating for its use of illegitimacy as a means of articulating fears not only for the past and present but also for the future. The Dauphin’s vision is one of irreversible national and familial disintegration, irreversible because, unlike rape, the French women’s imagined rejection of their French families and embrace of the English conquerors implies a total abandonment of family origins and the willing creation of a new, illegitimate dynasty. Immediately prior to this scene the audience has seen the Dauphin’s fear in action: the French princess Katherine is shown learning to speak English as part of her preparation for giving her body to a “bastard Norman”, a prospect which she anticipates with a frisson of pleasure and humour, as well as fear. This scene, between Katherine and her women, evokes a range of powerful anxieties which appear repeatedly in the drama and texts of the sixteenth and early seventeenth centuries: anxieties over personal and national identity, over female chastity and masculine authority, and over continuity between generations. Peter Laslett in The World We Have Lost – Further Explored points out that “the engendering of children on a scale which might threaten the social structure was never, or almost never, a present possibility” (154) at this stage of European history. This being granted, the Dauphin’s depiction of such a “wave” of illegitimates, while it might have no roots in reality, functioned as a powerful image of disorder. Illegitimacy as a threat and as a strategy is not limited to the renaissance, although a study of renaissance texts offers a useful guidebook to the use of illegitimacy as a means of polarising and excluding. Although as previously discussed, for many Western countries, the marital status of one’s parents is probably the least meaningful definition associated with the word “illegitimate”, the concept of the nation as a family remains current in modern political discourse, and illegitimate continues to be a powerful metaphor. During the recent independence referendum in Scotland, David Cameron besought the Scottish people not to “break up the national family”; at the same time, the Scottish Nationalists have been constructed as “ungrateful bastards” for wishing to turn their backs on the national family. As Klocker and Dunne, and later O’Brien and Rowe, have demonstrated, the emotive use of words such as “illegitimate” and “illegal” in Australian political rhetoric concerning migration is of long standing. Given current tensions, it might be timely to call for a further and more detailed study of the way in which the term “illegitimate” continues to be used by politicians and the media to define, demonise and exclude certain types of would-be Australian immigrants from the collective Australian “national family”. Suggestions that persons suspected of engaging with terrorist organisations overseas should be stripped of their Australian passports imply the creation of national bastards in an attempt to distance the Australian community from such threats. But the strategy can never be completely successful. Constructing figures as bastard or the illegitimate remains a method by which the legitimate seeks to define itself, but it also means that the bastard or illegitimate can never be wholly separated or cast out. In one form or another, the bastard is here to stay.ReferencesBeardon, Elizabeth. “Sidney's ‘Mongrell Tragicomedy’ and Anglo-Spanish Exchange in the New Arcadia.” Journal for Early Modern Cultural Studies 10 (2010): 29 - 51.Davis, Kingsley. “Illegitimacy and the Social Structure.” American Journal of Sociology 45 (1939).John Cowell. The Interpreter. Cambridge: John Legate, 1607.Greenblatt, Stephen. Renaissance Self-Fashioning: From More to Shakespeare. 1980. Chicago: University of Chicago Press, 2005.Findlay, Alison. Illegitimate Power: Bastards in Renaissance Drama. Manchester: Manchester University Press, 2009.Hay, Denys. Polydore Vergil: Renaissance Historian and Man of Letters. Oxford: Clarendon Press, 1952.Laslett, Peter. The World We Have Lost - Further Explored. London: Methuen, 1983.Laslett, P., K. Oosterveen, and R. M. Smith, eds. Bastardy and Its Comparative History. London: Edward Arnold, 1980.Leach, Edmund. “Anthropological Aspects of Language: Animal Categories and Verbal Abuse.” E. H. Lennenberg, ed. New Directives in the Study of Language. MIT Press, 1964. 23-63. MacFarlane, Alan. The Origins of English Individualism: The Family Property and Social Transition Oxford: Basil Blackwell, 1978.Mclaren, Ann. “Monogamy, Polygamy and the True State: James I’s Rhetoric of Empire.” History of Political Thought 24 (2004): 446 – 480.McAlindon, T. “Testing the New Historicism: “Invisible Bullets” Reconsidered.” Studies in Philology 92 (1995):411 – 438.Neill, Michael. Putting History to the Question: Power, Politics and Society in English Renaissance Drama. New York: Columbia University Press, 2000.Pocock, J.G.A. Virtue, Commerce and History: Essays on English Political Thought and History, Chiefly in the Eighteenth Century. Cambridge: Cambridge University Press, 1985. Puttenham, George. The Arte of English Poesie. Ed. Gladys Doidge Willcock and Alice Walker. Cambridge: Cambridge University Press, 1936.Reekie, Gail. Measuring Immorality: Social Inquiry and the Problem of Illegitimacy. Cambridge: Cambridge University Press, 1998. Rowe, Elizabeth, and Erin O’Brien. “Constructions of Asylum Seekers and Refugees in Australian Political Discourse”. In Kelly Richards and Juan Marcellus Tauri, eds., Crime Justice and Social Democracy: Proceedings of the 2nd International Conference. Brisbane: Queensland University of Technology, 2013.Schleiner, Louise. Tudor and Stuart Women Writers. Bloomington: Indiana University Press, 1994.Shakespeare, William. Henry V in The Norton Shakespeare. Ed. S. Greenblatt, W. Cohen, J.E. Howard, and Katharine Eisaman Maus. New York and London: Norton, 2008.

Special Care Notice This paper discusses trauma and violence inflicted upon the Indigenous peoples of Tasmania through the process of colonisation. Content within this paper may be distressing to some readers. Introduction The decimation of the First Peoples of Van Diemen’s Land (now Tasmania) was systematic and swift. First Contact was an emotionally, intellectually, physically, and spiritually confronting series of encounters for the Indigenous inhabitants. There were, according to some early records, a few examples of peaceful interactions (Morris 84). Yet, the inevitable competition over resources, and the intensity with which colonists pursued their “claims” for food, land, and water, quickly transformed amicable relationships into hostile rivalries. Jennifer Gall has written that, as “European settlement expanded in the late 1820s, violent exchanges between settlers and Aboriginal people were frequent, brutal and unchecked” (58). Indeed, the near-annihilation of the original custodians of the land was, if viewed through the lens of time, a process that could be described as one that was especially efficient. As John Morris notes: in 1803, when the first settlers arrived in Van Diemen’s Land, the Aborigines had already inhabited the island for some 25,000 years and the population has been estimated at 4,000. Seventy-three years later, Truganinni, [often cited as] the last Tasmanian of full Aboriginal descent, was dead. (84) Against a backdrop of extreme violence, often referred to as the Black War (Clements 1), there were some, admittedly dubious, efforts to contain the bloodshed. One such effort, in the late 1820s, was the production, and subsequent distribution, of a set of Proclamation Boards. Approximately 100 Proclamation Boards (the Board) were introduced by the Lieutenant Governor of the day, George Arthur (after whom Port Arthur on the Tasman Peninsula is named). The purpose of these Boards was to communicate, via a four-strip pictogram, to the Indigenous peoples of the island colony that all people—black and white—were considered equal under the law. “British Justice would protect” everyone (Morris 84). This is reflected in the narrative of the Boards. The first image presents Indigenous peoples and colonists living peacefully together. The second, and central, image 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 images depict the repercussions for committing murder, with an Indigenous man hanged for spearing a colonist and a European man also hanged for shooting an Aborigine. Both men executed under “gubernatorial supervision” (Turnbull 53). Image 1: Governor Davey's [sic - actually Governor Arthur's] Proclamation to the Aborigines, 1816 [sic - actually c. 1828-30]. Image Credit: Mitchell Library, State Library of NSW (Call Number: SAFE / R 247). The Board is an interesting re-imagining of one of the traditional methods of communication for Indigenous peoples; the leaving of images on the bark of trees. Such trees, often referred to as scarred trees, are rare in modern-day Tasmania as “the expansion of settlements, and the impact of bush fires and other environmental factors” resulted in many of these trees being destroyed (Aboriginal Heritage Tasmania online). Similarly, only a few of the Boards, inspired by these trees, survive today. The Proclamation Board was, in the 1860s, re-imagined as the output of a different Governor: Lieutenant Governor Davey (after whom Port Davey, on the south-west coast of Tasmania is named). This re-imagining of the Board’s creator was so effective that the Board, today, is popularly known as Governor Davey’s Proclamation to the Aborigines. This paper outlines several other re-imaginings of this Board. In addition, this paper offers another, new, re-imagining of the Board, positing that this is an early “pamphlet” on crime, justice and punishment which actually presents as a pre-cursor to the modern Australian true crime tale. In doing so this work connects the Proclamation Board to the larger genre of crime fiction. One Proclamation Board: Two Governors Labelled Van Diemen’s Land and settled as a colony of New South Wales in 1803, this island state would secede from the administration of mainland Australia in 1825. Another change would follow in 1856 when Van Diemen’s Land was, in another process of re-imagining, officially re-named Tasmania. This change in nomenclature was an initiative to, symbolically at least, separate the contemporary state from a criminal and violent past (Newman online). Tasmania’s violent history was, perhaps, inevitable. The island was claimed by Philip Gidley King, the Governor of New South Wales, in the name of His Majesty, not for the purpose of building a community, but to “prevent the French from gaining a footing on the east side of that island” and also to procure “timber and other natural products, as well as to raise grain and to promote the seal industry” (Clark 36). Another rationale for this land claim was to “divide the convicts” (Clark 36) which re-fashioned the island into a gaol. It was this penal element of the British colonisation of Australia that saw the worst of the British Empire forced upon the Aboriginal peoples. As historian Clive Turnbull explains: the brutish state of England was reproduced in the English colonies, and that in many ways its brutishness was increased, for now there came to Australia not the humanitarians or the indifferent, but the men who had vested interests in the systems of restraint; among those who suffered restraint were not only a vast number who were merely unfortunate and poverty-stricken—the victims of a ‘depression’—but brutalised persons, child-slaughterers and even potential cannibals. (Turnbull 25) As noted above the Black War of Tasmania saw unprecedented aggression against the rightful occupants of the land. Yet, the Aboriginal peoples were “promised the white man’s justice, the people [were] exhorted to live in amity with them, the wrongs which they suffer [were] deplored” (Turnbull 23). The administrators purported an egalitarian society, one of integration and peace but Van Diemen’s Land was colonised as a prison and as a place of profit. So, “like many apologists whose material benefit is bound up with the systems which they defend” (Turnbull 23), assertions of care for the health and welfare of the Aboriginal peoples were made but were not supported by sufficient policies, or sufficient will, and the Black War continued. Colonel Thomas Davey (1758-1823) was the second person to serve as Lieutenant Governor of Van Diemen’s Land; a term of office that began in 1813 and concluded in 1817. The fourth Lieutenant Governor of the island was Colonel Sir George Arthur (1784-1854); his term of office, significantly longer than Davey’s, being from 1824 to 1836. The two men were very different but are connected through this intriguing artefact, the Proclamation Board. One of the efforts made to assert the principle of equality under the law in Van Diemen’s Land was an outcome of work undertaken by Surveyor General George Frankland (1800-1838). Frankland wrote to Arthur in early 1829 and suggested the Proclamation Board (Morris 84), sometimes referred to as a Picture Board or the Tasmanian Hieroglyphics, as a tool to support Arthur’s various Proclamations. The Proclamation, signed on 15 April 1828 and promulgated in the The Hobart Town Courier on 19 April 1828 (Arthur 1), was one of several notices attempting to reduce the increasing levels of violence between Indigenous peoples and colonists. The date on Frankland’s correspondence clearly situates the Proclamation Board within Arthur’s tenure as Lieutenant Governor. The Board was, however, in the 1860s, re-imagined as the output of Davey. The Clerk of the Tasmanian House of Assembly, Hugh M. Hull, asserted that the Board was the work of Davey and not Arthur. Hull’s rationale for this, despite archival evidence connecting the Board to Frankland and, by extension, to Arthur, is predominantly anecdotal. In a letter to the editor of The Hobart Mercury, published 26 November 1874, Hull wrote: this curiosity was shown by me to the late Mrs Bateman, neé Pitt, a lady who arrived here in 1804, and with whom I went to school in 1822. She at once recognised it as one of a number prepared in 1816, under Governor Davey’s orders; and said she had seen one hanging on a gum tree at Cottage Green—now Battery Point. (3) Hull went on to assert that “if any old gentleman will look at the picture and remember the style of military and civil dress of 1810-15, he will find that Mrs Bateman was right” (3). Interestingly, Hull relies upon the recollections of a deceased school friend and the dress codes depicted by the artist to date the Proclamation Board as a product of 1816, in lieu of documentary evidence dating the Board as a product of 1828-1830. Curiously, the citation of dress can serve to undermine Hull’s argument. An early 1840s watercolour by Thomas Bock, of Mathinna, an Aboriginal child of Flinders Island adopted by Lieutenant Governor John Franklin (Felton online), features the young girl wearing a brightly coloured, high-waisted dress. This dress is very similar to the dresses worn by the children on the Proclamation Board (the difference being that Mathinna wears a red dress with a contrasting waistband, the children on the Board wear plain yellow dresses) (Bock). Acknowledging the simplicity of children's clothing during the colonial era, it could still be argued that it would have been unlikely the Governor of the day would have placed a child, enjoying at that time a life of privilege, in a situation where she sat for a portrait wearing an old-fashioned garment. So effective was Hull’s re-imagining of the Board’s creator that the Board was, for many years, popularly known as Governor Davey’s Proclamation to the Aborigines with even the date modified, to 1816, to fit Davey’s term of office. Further, it is worth noting that catalogue records acknowledge the error of attribution and list both Davey and Arthur as men connected to the creation of the Proclamation Board. A Surviving Board: Mitchell Library, State Library of New South Wales One of the surviving Proclamation Boards is held by the Mitchell Library. The Boards, oil on Huon pine, were painted by “convict artists incarcerated in the island penal colony” (Carroll 73). The work was mass produced (by the standards of mass production of the day) by 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). The images, once outlined, were painted in oil. Of approximately 100 Boards made, several survive today. There are seven known Boards within public collections (Gall 58): five in Australia (Mitchell Library, State Library of NSW, Sydney; Museum Victoria, Melbourne; National Library of Australia, Canberra; Tasmanian Museum and Art Gallery, Hobart; and Queen Victoria Museum and Art Gallery, Launceston); and two overseas (The Peabody Museum of Archaeology and Ethnology, Harvard University and the Museum of Archaeology and Ethnology, University of Cambridge). The catalogue record, for the Board held by the Mitchell Library, offers the following details:Paintings: 1 oil painting on Huon pine board, rectangular in shape with rounded corners and hole at top centre for suspension ; 35.7 x 22.6 x 1 cm. 4 scenes are depicted:Aborigines and white settlers in European dress mingling harmoniouslyAboriginal men and women, and an Aboriginal child approach Governor Arthur to shake hands while peaceful soldiers look onA hostile Aboriginal man spears a male white settler and is hanged by the military as Governor Arthur looks onA hostile white settler shoots an Aboriginal man and is hanged by the military as Governor Arthur looks on. (SAFE / R 247) The Mitchell Library Board was purchased from J.W. Beattie in May 1919 for £30 (Morris 86), which is approximately $2,200 today. Importantly, the title of the record notes both the popular attribution of the Board and the man who actually instigated the Board’s production: “Governor Davey’s [sic – actually Governor Arthur] Proclamation to the Aborigines, 1816 [sic – actually c. 1828-30].” The date of the Board is still a cause of some speculation. The earlier date, 1828, marks the declaration of martial law (Turnbull 94) and 1830 marks the Black Line (Edmonds 215); the attempt to form a human line of white men to force many Tasmanian Aboriginals, four of the nine nations, onto the Tasman Peninsula (Ryan 3). Frankland’s suggestion for the Board was put forward on 4 February 1829, with Arthur’s official Conciliator to the Aborigines, G.A. Robinson, recording his first sighting of a Board on 24 December 1829 (Morris 84-85). Thus, the conception of the Board may have been in 1828 but the Proclamation project was not fully realised until 1830. Indeed, a news item on the Proclamation Board did appear in the popular press, but not until 5 March 1830: We are informed that the Government have given directions for the painting of a large number of pictures to be placed in the bush for the contemplation of the Aboriginal Inhabitants. […] However […] the causes of their hostility must be more deeply probed, or their taste as connoisseurs in paintings more clearly established, ere we can look for any beneficial result from this measure. (Colonial Times 2) The remark made in relation to becoming a connoisseur of painting, though intended to be derogatory, makes some sense. There was an assumption that the Indigenous peoples could easily translate a European-styled execution by hanging, as a visual metaphor for all forms of punishment. It has long been understood that Indigenous “social organisation and religious and ceremonial life were often as complex as those of the white invaders” (McCulloch 261). However, the Proclamation Board was, in every sense, Eurocentric and made no attempt to acknowledge the complexities of Aboriginal culture. It was, quite simply, never going to be an effective tool of communication, nor achieve its socio-legal aims. The Board Re-imagined: Popular Media The re-imagining of the Proclamation Board as a construct of Governor Davey, instead of Governor Arthur, is just one of many re-imaginings of this curious object. There are, of course, the various imaginings of the purpose of the Board. On the surface these images are a tool for reconciliation but as “the story of these paintings unfolds […] it becomes clear that the proclamations were in effect envoys sent back to Britain to exhibit the ingenious attempts being applied to civilise Australia” (Carroll 76). In this way the Board was re-imagined by the Administration that funded the exercise, even before the project was completed, from a mechanism to assist in the bringing about of peace into an object that would impress colonial superiors. Khadija von Zinnenburg Carroll has recently written about the Boards in the context of their “transnational circulation” and how “objects become subjects and speak of their past through the ventriloquism of contemporary art history” (75). Carroll argues the Board is an item that couples “military strategy with a fine arts propaganda campaign” (Carroll 78). Critically the Boards never achieved their advertised purpose for, as Carroll explains, there were “elaborate rituals Aboriginal Australians had for the dead” and, therefore, “the display of a dead, hanging body is unthinkable. […] being exposed to the sight of a hanged man must have been experienced as an unimaginable act of disrespect” (92). The Proclamation Board would, in sharp contrast to feelings of unimaginable disrespect, inspire feelings of pride across the colonial population. An example of this pride being revealed in the selection of the Board as an object worthy of reproduction, as a lithograph, for an Intercolonial Exhibition, held in Melbourne in 1866 (Morris 84). The lithograph, which identifies the Board as Governor Davey’s Proclamation to the Aborigines and dated 1816, was listed as item 572, of 738 items submitted by Tasmania, for the event (The Commissioners 69-85). This type of reproduction, or re-imagining, of the Board would not be an isolated event. Penelope Edmonds has described the Board as producing a “visual vernacular” through a range of derivatives including lantern slides, lithographs, and postcards. These types of tourist ephemera are in addition to efforts to produce unique re-workings of the Board as seen in Violet Mace’s Proclamation glazed earthernware, which includes a jug (1928) and a pottery cup (1934) (Edmonds online). The Board Re-imagined: A True Crime Tale The Proclamation Board offers numerous narratives. There is the story that the Board was designed and deployed to communicate. There is the story behind the Board. There is also the story of the credit for the initiative which was transferred from Governor Arthur to Governor Davey and subsequently returned to Arthur. There are, too, the provenance stories of individual Boards. There is another story the Proclamation Board offers. The story of true crime in colonial Australia. The Board, as noted, presents through a four-strip pictogram an idea that all are equal under the rule of law (Arthur 1). Advocating for a society of equals was a duplicitous practice, for while Aborigines were hanged for allegedly murdering settlers, “there is no record of whites being charged, let alone punished, for murdering Aborigines” (Morris 84). It would not be until 1838 that white men would be punished for the murder of Aboriginal people (on the mainland) in the wake of the Myall Creek Massacre, in northern New South Wales. There were other examples of attempts to bring about a greater equity under the rule of law but, as Amanda Nettelbeck explains, there was wide-spread resistance to the investigation and charging of colonists for crimes against the Indigenous population with cases regularly not going to trial, or, if making a courtroom, resulting in an acquittal (355-59). That such cases rested on “legally inadmissible Aboriginal testimony” (Reece in Nettelbeck 358) propped up a justice system that was, inherently, unjust in the nineteenth century. It is important to note that commentators at the time did allude to the crime narrative of the Board: when in the most civilized country in the world it has been found ineffective as example to hang murderers in chains, it is not to be expected a savage race will be influenced by the milder exhibition of effigy and caricature. (Colonial Times 2) It is argued here that the Board was much more than an offering of effigy and caricature. The Proclamation Board presents, in striking detail, the formula for the modern true crime tale: a peace disturbed by the act of murder; and the ensuing search for, and delivery of, justice. Reinforcing this point, are the ideas of justice seen within crime fiction, a genre that focuses on the restoration of order out of chaos (James 174), are made visible here as aspirational. The true crime tale does not, consistently, offer the reassurances found within crime fiction. In the real world, particularly one as violent as colonial Australia, we are forced to acknowledge that, below the surface of the official rhetoric on justice and crime, the guilty often go free and the innocent are sometimes hanged. Another point of note is that, if the latter date offered here, of 1830, is taken as the official date of the production of these Boards, then the significance of the Proclamation Board as a true crime tale is even more pronounced through a connection to crime fiction (both genres sharing a common literary heritage). The year 1830 marks the release of Australia’s first novel, Quintus Servinton written by convicted forger Henry Savery, a crime novel (produced in three volumes) published by Henry Melville of Hobart Town. Thus, this paper suggests, 1830 can be posited as a year that witnessed the production of two significant cultural artefacts, the Proclamation Board and the nation’s first full-length literary work, as also being the year that established the, now indomitable, traditions of true crime and crime fiction in Australia. Conclusion During the late 1820s in Van Diemen’s Land (now Tasmania) a set of approximately 100 Proclamation Boards were produced by the Lieutenant Governor of the day, George Arthur. The official purpose of these items was to communicate, to the Indigenous peoples of the island colony, that all—black and white—were equal under the law. Murderers, be they Aboriginal or colonist, would be punished. The Board is a re-imagining of one of the traditional methods of communication for Indigenous peoples; the leaving of drawings on the bark of trees. The Board was, in the 1860s, in time for an Intercolonial Exhibition, re-imagined as the output of Lieutenant Governor Davey. This re-imagining of the Board was so effective that surviving artefacts, today, are popularly known as Governor Davey’s Proclamation to the Aborigines with the date modified, to 1816, to fit the new narrative. The Proclamation Board was also reimagined, by its creators and consumers, in a variety of ways: as peace offering; military propaganda; exhibition object; tourism ephemera; and contemporary art. This paper has also, briefly, offered another re-imagining of the Board, positing that this early “pamphlet” on justice and punishment actually presents a pre-cursor to the modern Australian true crime tale. The Proclamation Board tells many stories but, at the core of this curious object, is a crime story: the story of mass murder. Acknowledgements The author acknowledges the Palawa peoples: the traditional custodians of the lands known today as Tasmania. The author acknowledges, too, the Gadigal people of the Eora nation upon whose lands this paper was researched and written. The author extends thanks to Richard Neville, Margot Riley, Kirsten Thorpe, and Justine Wilson of the State Library of New South Wales for sharing their knowledge and offering their support. The author is also grateful to the reviewers for their careful reading of the manuscript and for making valuable suggestions. ReferencesAboriginal Heritage Tasmania. “Scarred Trees.” Aboriginal Cultural Heritage, 2012. 12 Sep. 2015 ‹http://www.aboriginalheritage.tas.gov.au/aboriginal-cultural-heritage/archaeological-site-types/scarred-trees›.Arthur, George. “Proclamation.” The Hobart Town Courier 19 Apr. 1828: 1.———. Governor Davey’s [sic – actually Governor Arthur’s] Proclamation to the Aborigines, 1816 [sic – actually c. 1828-30]. Graphic Materials. Sydney: Mitchell Library, State Library of NSW, c. 1828-30.Bock, Thomas. Mathinna. Watercolour and Gouache on Paper. 23 x 19 cm (oval), c. 1840.Carroll, Khadija von Zinnenburg. 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Strootman, Rolf / Floris van den Eijnde / Roy van Wijk (Hrsg.), Empires of the Sea. Maritime Power Networks in World History (Cultural Interactions in the Mediterranean, 4), Leiden / Boston 2020, Brill, X u. 361 S. / Abb., € 119,00. (Lena Moser, Tübingen) Schilling, Lothar / Christoph Schönberger / Andreas Thier (Hrsg.), Verfassung und Öffentlichkeit in der Verfassungsgeschichte. Tagung der Vereinigung für Verfassungsgeschichte vom 22. bis 24. Februar 2016 auf der Insel Reichenau (Beihefte zu „Der Staat“, 25), Berlin 2020, Duncker &amp; Humblot, 220 S., € 69,90. (Michael Stolleis, Kronberg) Pieper, Lennart, Einheit im Konflikt. Dynastiebildung in den Grafenhäusern Lippe und Waldeck in Spätmittelalter und Früher Neuzeit (Norm und Struktur, 49), Wien / Köln / Weimar 2019, Böhlau, 623 S. / Abb., € 90,00. (Pauline Puppel, Aumühle) Das Totenbuch des Zisterzienserinnenklosters Feldbach (1279 – 1706), hrsg. v. Gabriela Signori (Veröffentlichungen der Kommission für geschichtliche Landeskunde in Baden-Württemberg. Reihe A: Quellen, 63), Stuttgart 2020, Kohlhammer, XLVI u. 134 S. / Abb., € 22,00. (Alkuin Schachenmayr, Salzburg) Ptak, Roderich, China und Asiens maritime Achse im Mittelalter. Konzepte, Wahrnehmungen, offene Fragen (Das mittelalterliche Jahrtausend, 5), Berlin / Boston 2019, de Gruyter, 61 S. / Abb., € 14,95. (Folker Reichert, Stuttgart) Harari, Yuval N., Fürsten im Fadenkreuz. Geheimoperationen im Zeitalter der Ritter 1100 – 1550. Aus dem Englischen v. Andreas Wirthensohn, München 2020, Beck, 347 S. / Abb., € 26,95. (Malte Prietzel, Paderborn) Signori, Gabriela (Hrsg.), Inselklöster – Klosterinseln. Topographie und Toponymie einer monastischen Formation (Studien zur Germania Sacra. Neue Folge, 9), Berlin / Boston 2019, de Gruyter Akademie Forschung, VI u. 254 S. / Abb., € 119, 95. (Matthias Untermann, Heidelberg) Korpiola, Mia / Anu Lahtinen (Hrsg.), Planning for Death. Wills and Death-Related Property Arrangements in Europe, 1200 – 1600 (Medieval Law and Its Practice, 23), Leiden / Boston 2018, Brill, X u. 287 S., € 110,00. (Christian Vogel, Saarbrücken) Fouquet, Gerhard / Sven Rabeler (Hrsg.), Ökonomische Glaubensfragen. Strukturen und Praktiken jüdischen und christlichen Kleinkredits im Spätmittelalter (Vierteljahrschrift für Sozial- und Wirtschaftsgeschichte. Beihefte, 242), Stuttgart 2018, Steiner, 162 S., € 39,00. (Philipp R. Rössner, Manchester) Schneidmüller, Bernd (Hrsg.), König Rudolf I. und der Aufstieg des Hauses Habsburg im Mittelalter, Darmstadt 2019, wbg Academic, XIV u. 512 S. / Abb., € 74,00. (Steffen Krieb, Mainz) Van Loo, Bart, Burgund. Das verschwundene Reich. Eine Geschichte von 1111 Jahren und einem Tag, aus dem Niederländischen übers. v. Andreas Ecke, München 2020, Beck, 656 S. / Abb., € 32,00. (Klaus Oschema, Bochum) Smith, Thomas W. / Helen Killick (Hrsg.), Petitions and Strategies of Persuasion in the Middle Ages. The English Crown and the Church, c.1200–c.1550, Woodbridge / Rochester 2018, York Medieval Press, XIII u. 220 S. / Abb., £ 60,00. (Stefan G. Holz, Heidelberg / Stuttgart) Salih, Sarah, Imagining the Pagan in Late Medieval England, Cambridge 2019, D. S. Brewer, XIII u. 207 S. / Abb., £ 60,00. (Hans-Werner Goetz, Hamburg) Burchard, Bernadette, Kirchenschatz und Schicksal im Mittelalter. Zum Verhältnis von Materialität, Schatzimaginationen und -praktiken am Beispiel des Kathedralschatzes von Münster (Westfalen in der Vormoderne, 32), Münster 2019, Aschendorff, 287 S. / Abb., € 46,00. (Lucas Burkart, Basel) Foerster, Anne, Die Witwe des Königs. Zu Vorstellung, Anspruch und Performanz im englischen und deutschen Hochmittelalter (Mittelalter-Forschung, 57), Ostfildern 2018, Thorbecke, 352 S. / Abb., € 49,00. (Sebastian Roebert, Leipzig) Holste-Massoth, Anuschka, Ludwig II. Pfalzgraf bei Rhein und Herzog von Bayern. Felder fürstlichen Handelns im 13. Jahrhundert (Rank, 6), Ostfildern 2019, Thorbecke, 349 S., € 39,00. (Dieter J. Weiß, München) Abel, Christina, Kommunale Bündnisse im Patrimonium Petri des 13. Jahrhunderts (Bibliothek des Deutschen Historischen Instituts in Rom, 139), Berlin / Boston 2019, de Gruyter, X u. 587 S. / Abb., € 129,95. (Christian Jörg, Stuttgart) Noethlichs, Sarah, Wenn Zahlen erzählen. Ludwig von Anjou und seine Rechnungsbücher von 1370 bis 1379 (Beihefte der Francia, 86), Ostfildern 2018, Thorbecke, 318 S., € 45,00. (Nils Bock, Münster) Jaser, Christian / Harald Müller / Thomas Woelki (Hrsg.), Eleganz und Performanz. Von Rednern, Humanisten und Konzilsvätern. Johannes Helmrath zum 65. Geburtstag, Wien / Köln / Weimar 2018, Böhlau, 471 S. / Abb., € 55,00. (Georg Strack, Marburg) Klymenko, Iryna, Semantiken des Wandels. Zur Konstruktion von Veränderbarkeit in der Moderne (Histoire, 160), Bielefeld 2019, transcipt, 257 S. / € 34,99. (Rudolf Schlögl, Konstanz) Findlen, Paula (Hrsg.), Empires of Knowledge. Scientific Networks in the Early Modern World, London / New York 2019, Routledge, XVII u. 394 S. / Abb., £ 120,00. (Bettina Dietz, Hongkong) Lavenia, Vincenzo / Stefania Pastore / Sabina Pavone / Chiara Petrolini (Hrsg.), Compel People to Come In. Violence and Catholic Conversion in the Non-European World (Viella Historical Research, 9), Rom 2018, Viella, 211 S. / Abb., € 45,00. (Tobias Winnerling, Düsseldorf) Ntewusu, Samuel / Nina Paarmann (Hrsg.), Jenseits von Dichotomien. Aspekte von Geschichte, Gender und Kultur in Afrika und Europa / Beyond Dichotomies. Aspects of History, Gender and Culture in Africa and Europe. Festschrift Bea Lundt (Kulturwissenschaften, 62), Berlin / Münster 2020, Lit, 660 S. / Abb., € 69,90. (Wolfgang Reinhard, Freiburg i. Br.) Siebenhüner, Kim, Die Spur der Juwelen. Materielle Kultur und transkontinentale Verbindungen zwischen Indien und Europa in der Frühen Neuzeit (Ding, Materialität, Geschichte, 3), Köln / Weimar 2018, Böhlau, 425 S. / Abb., € 60,00. (Anne Sophie Overkamp, Tübingen) Rohdewald, Stefan / Stephan Conermann / Albrecht Fuess (Hrsg.), Transottomanica – Osteuropäisch-osmanisch-persische Mobilitätsdynamiken. Perspektiven und Forschungsstand (Transottomanica, 1), Göttingen 2019, V&amp;R unipress, 279 S., € 45,00 (auch Open Access). (Stefan Hanß, Manchester) Sawilla, Jan M. / Rudolf Schlögl (Hrsg.), Jenseits der Ordnung? Zur Mächtigkeit der Vielen in der Frühen Neuzeit, Berlin 2019, Neofelis Verlag, 437 S. / Abb., € 32,00. (Mark Häberlein, Bamberg) Rospocher, Massimo / Jeroen Salman / Hannu Salmi (Hrsg.), Crossing Borders, Crossing Cultures. Popular Print in Europe (1450 – 1900) (Studies in Early Modern and Contemporary European History, 1), Berlin / Boston 2019, de Gruyter Oldenbourg, VI u. 296 S. / Abb., € 89,95. (Doris Gruber, Salzburg / Wien) Schaefer, Christina / Simon Zeisberg (Hrsg.), Das Haus schreiben. Bewegungen ökonomischen Wissens in der Literatur der Frühen Neuzeit (Episteme in Bewegung, 13), Wiesbaden 2018, Harrassowitz, 300 S. / Abb., € 68,00. (Justus Nipperdey, Saarbrücken) Amslinger, Julia / Franz Fromholzer / Jörg Wesche (Hrsg.), Lose Leute. Figuren, Schauplätze und Künste des Vaganten in der Frühen Neuzeit, Paderborn 2019, Fink, 206 S. / Abb., € 79,00. (Sabine Ullmann, Eichstätt) Schnettger, Matthias, Kaiser und Reich. Eine Verfassungsgeschichte (1500 – 1806), Stuttgart 2020, Kohlhammer, 406 S. / Abb., € 29,00. (Tobias Schenk, Wien) Meyer, Thomas H., „Rute“ Gottes und „Beschiß“ des Teufels. Theologische Magie- und Hexenlehre an der Universität Tübingen in der frühen Neuzeit, Hamburg 2019, tredition, XI u. 372 S. / Abb., € 24,00. (Andreas Flurschütz da Cruz, Bamberg) Rinke, Stefan, Conquistadoren und Azteken. Cortés und die Eroberung Mexikos, München 2019, Beck, 399 S. / Abb., € 28,00. (Arndt Brendecke, München) Kleinehagenbrock, Frank / Dorothea Klein / Anuschka Tischer / Joachim Hamm (Hrsg.), Reformation und katholische Reform. Zwischen Kontinuität und Innovation (Publikationen aus dem Kolleg „Mittelalter und Frühe Neuzeit“, 7), Würzburg 2019, Königshausen &amp; Neumann, VIII u. 602 S. / Abb., € 68,00. (Marc Mudrak, Berlin) Wendebourg, Dorothea / Euan Cameron / Martin Ohst (Hrsg.), Sister Reformations III. From Reformation Movements to Reformation Churches in the Holy Roman Empire and on the British Isles / Schwesterreformationen III. Von der reformatorischen Bewegung zur Kirche im Heiligen Römischen Reich und auf den britischen Inseln, Tübingen 2019, Mohr Siebeck, XXIII u. 630 S., € 184,00. (Tobias Jammerthal, Neuendettelsau) Labouvie, Eva (Hrsg.), Glaube und Geschlecht – Gender Reformation, Wien / Köln / Weimar 2019, Böhlau, 387 S. / Abb., € 60,00. (Heike Talkenberger, Stuttgart) Jensen, Mads L., A Humanist in Reformation Politics. Philipp Melanchthon on Political Philosophy and Natural Law (Early Modern Natural Law, 3), Leiden / Boston 2020, Brill, XII u. 222 S., € 103,95. (Jan-Hendryk de Boer, Essen) Hein, Markus / Armin Kohnle (Hrsg.), Die Leipziger Disputation von 1519. Ein theologisches Streitgespräch und seine Bedeutung für die frühe Reformation (Herbergen der Christenheit, Sonderband 25), Leipzig 2019, Evangelische Verlagsanstalt, 268 S. / Abb., € 34,00. (Richard Lüdicke, Münster) Mährle, Wolfgang (Hrsg.), Spätrenaissance in Schwaben. Wissen – Literatur – Kunst. Tagungen des Arbeitskreises für Landes- und Ortsgeschichte im Verband der württembergischen Geschichts- und Altertumsvereine am 26. November 2015 und am 10. März 2016 im Hauptstaatsarchiv Stuttgart (Geschichte Württembergs, 2), Stuttgart 2019, 508 S. / Abb., € 35,00. (Gudrun Emberger, Berlin) Mampieri, Martina, Living under the Evil Pope. The Hebrew „Chronicle of Pope Paul IV“ by Benjamin Neḥemiah ben Elnathan from Civitanova Marche (16th Cent.) (Studies in Jewish History and Culture, 58), Leiden / Boston 2020, Brill, XIX u. 400 S. / Abb., € 168,00. (Wolfgang Reinhard, Freiburg i. Br.) Kendrick, Jeff / Katherine S. Maynard (Hrsg.), Polemic and Literature surrounding the French Wars of Religion (Studies in Medieval and Early Modern Culture, 68), Boston / Berlin 2019, de Gruyter, VIII u. 208 S. / Abb., € 86,95. (Gabriele Haug-Moritz, Graz) Larminie, Vivienne (Hrsg.), Huguenot Networks, 1560 – 1780. The Interactions and Impact of a Protestant Minority in Europe (Politics and Culture in Europe, 1650 – 1750), New York / London 2018, Routledge, VI u. 233 S. / Abb., £ 96,00. (Alexander Schunka, Berlin) Gwynn, Robin, The Huguenots in Later Stuart Britain, Bd. 1: Crisis, Renewal, and the Ministers’ Dilemma, Brighton / Portland / Toronto 2015 [Paperback 2018], Sussex Academic Press, XVIII u. 481 S. / Abb., £ 37,50. (Alexander Schunka, Berlin) Gwynn, Robin, The Huguenots in Later Stuart Britain, Bd. 2: Settlement, Churches, and the Role of London, Brighton / Chicago / Toronto 2018 [Paperback 2019], Sussex Academic Press, XX u. 361 S. / Abb., £ 50,00. (Alexander Schunka, Berlin) Hilfiker, Franziska, Sea Spots. Perzeption und Repräsentation maritimer Räume im Kontext englischer und niederländischer Explorationen um 1600, Wien / Köln / Weimar 2019, Böhlau, 245 S. / Abb., € 39,00. (Patrick Schmidt, Rostock) McShea, Bronwen, Apostles of Empire. The Jesuits and New France (France Overseas), Lincoln 2019, University of Nebraska Press 2019, XXIX u. 331 S. / Abb., $ 60,00. (Markus Friedrich, Hamburg) Bravo Lozano, Christina, Spain and the Irish Mission, 1609 – 1707 (Routledge Studies in Renaissance and Early Modern Worlds of Knowledge), New York / London 2019, Routledge, XIX u. 289 S., £ 105,00. (Hanna Sonkajärvi, Rio de Janeiro / Würzburg) Molnár, Antal, Confessionalization on the Frontier. The Balkan Catholics between Roman Reform and Ottoman Reality (Interadria, 22), Rom 2019, Viella, 266 S. / Karten, € 40,00. (Ivan Parvev, Sofia) Lazer, Stephen A., State Formation in Early Modern Alsace, 1648 – 1789 (Changing Perspectives on Early Modern Europe), Rochester / Woodbridge 2019, University of Rochester Press, XI u. 256 S. / Abb., £ 80,00. (Christian Wenzel, Marburg) Berg, Dieter, Oliver Cromwell. England und Europa im 17. Jahrhundert, Stuttgart 2019, Kohlhammer, 242 S. / Abb., € 36,00. (Ronald G. Asch, Freiburg i. Br.) Sächsische Fürstentestamente 1652 – 1831. Edition der letztwilligen Verfügungen der regierenden albertinischen Wettiner mit ergänzenden Quellen, hrsg. v. Jochen Vötsch (Quellen und Materialien zur sächsischen Geschichte und Volkskunde, 6), Leipzig 2018, Leipziger Universitätsverlag, XXII u. 236 S. / Abb., € 80,00. (Silke Marburg, Dresden) Palladini, Fiammetta, Samuel Pufendorf Disciple of Hobbes. For a Re-Interpretation of Modern Natural Law, übers. v. David Saunders (Early Modern Natural Law, 2), Leiden / Boston 2020, Brill, XXXVII u. 254 S., € 124,00. (Peter Schröder, London) Kircher, Athanasius, Musaeum Celeberrimum (1678). Mit einer wissenschaftlichen Einleitung v. Tina Asmussen, Lucas Burkart u. Hole Rößler u. einem kommentierten Autoren- und Stellenregister v. Frank Böhling / Vita, kritisch hrsg. u. mit einer wissenschaftlichen Einleitung versehen v. Frank Böhling (Hauptwerke, 11), Hildesheim / Zürich / New York 2019, Olms-Weidmann, 318 S. / Abb., € 184,00. (Andreas Bähr, Frankfurt a. d. O.) Pizzoni, Giada, British Catholic Merchants in the Commercial Age, 1670 – 1714 (Studies in the Eighteenth Century), Woodbridge 2020, The Boydell Press, XVI u. 214 S. / Abb., £ 70,00. (Mark Häberlein, Bamberg) Heijmans, Elisabeth, The Agency of Empire. Connections and Strategies in French Overseas Expansion (1686 – 1746) (European Expansion and Indigenous Response, 32), Leiden / Boston 2020, Brill, XIV u. 243 S. / Abb., € 88,00. 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Jahrhundert, Köln 2020, Herbert von Halem Verlag, 250 S. / Abb., € 32,00. (Mark Häberlein, Bamberg) Blanning, Tim, Friedrich der Große. König von Preußen. Eine Biographie, aus dem Englischen übers. v. Andreas Nohl, München 2018, Beck, 718 S. / Abb., € 34,00. (Sven Externbrink, Heidelberg) Braun, Bettina / Jan Kusber / Matthias Schnettger (Hrsg.), Weibliche Herrschaft im 18. Jahrhundert. Maria Theresia und Katharina die Große (Mainzer Historische Kulturwissenschaften, 40), Bielefeld 2020, transcript, 441 S. /Abb., € 49,99. (Waltraud Schütz, Wien) Schennach, Martin P., Austria inventa? Zu den Anfängen der österreichischen Staatsrechtslehre (Studien zur europäischen Rechtsgeschichte, 324), Frankfurt a. M. 2020, Klostermann, XIII u. 589 S., € 98,00. (Tobias Schenk, Wien) Aspaas, Per P. / László Kontler, Maximilian Hell (1720 – 92) and the Ends of Jesuit Science in Enlightenment Europe (Jesuit Studies, 27), Leiden / Boston 2020, Brill, VIII u. 477 S. / Abb., € 155,00. 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Photo by Sangharsh Lohakare on Unsplash ABSTRACT The public should debate the ethical and social challenges arising from heritable human genome editing (HHGE). The notorious case involving He Jiankui may have led to the disfavor of gene editing and a precautionary approach. While the de facto global moratorium on HHGE is clearly justified considering our current inability to implement it safely and effectively, the difficult ethical considerations should be addressed prior to the ability to initiate widespread HHGE. This piece argues that prospective patients and other members of society beyond the scientific community must be included in the conversation. It emphasizes the potential role of those not directly participating in HHGE science, calling the broader academic community not simply to wait for scientists’ results and only afterward react. Pointing to key historical examples, I contend that scientific progress is intrinsically linked with the surrounding societal discussion and that it is not only scientists who can influence where the HHGE story ends. INTRODUCTION l. Rogue Scientists Chinese biophysicist He Jiankui announced the world’s first genetically modified babies in 2018. Naturally, the treatment aroused the attention of the world’s media, which focused on He’s reckless actions. Indeed, in setting up and carrying out the procedure in question, he flouted norms of good scientific practice on a range of levels—errors paid with time in prison. Since the He controversy, few scientists have aggressively approached heritable human genome editing (HHGE) and challenged the current research norms. The most outspoken exception is the Russian molecular biologist Denis Rebrikov of the Pirogov Russian National Research Medical University. He publicly declared his intention to apply clustered regularly interspaced short palindromic repeats (CRISPR) to embryos to help couples avoid passing serious medical conditions to their children. However, Rebrikov met fierce opposition both inside and beyond Russia and, with leading CRISPR scientists and bioethicists abroad describing him as a “cowboy” who had “weak data” and was trying to “grab some attention.”[1] So far, Rebrikov’s plans have failed to come to fruition. Although there are 126 entries listed in a registry of HHGE research recently created by the World Health Organization (WHO),[2],[3] it seems that clinical HHGE has been paused for the time being. ll. Steering the Conversation A section of the scientific community has been trying to steer the ethical debate on HHGE away from the actions of rogue scientists and back to an issue that is central to the matter—the interests of patients. The majority would agree that the most compelling potential application of germline genome editing is for the prevention of devastating genetic conditions, for example, when both parents carry Huntington’s disease, for which “genome editing offers the only prospect of bearing a healthy, genetically related child.”[4] Despite such justification for scientists to continue pursuing research in the area, there has been a notable reticence in the wider academic community regarding making the ethical case for HHGE and clarifying in which medical situations such a technique might be reasonably applied. Even among those who recognize that the HHGE cases' controversies should not be a reason for panic over designer babies, some believe that starting the ethical debate is premature. A key part of the argument is that the current technological and scientific knowledge available is far from ready to deliver on treatments. A similar stance preventing debate in the wider society is that “difficult questions” about cost, accessibility, and social justice remain.[5] Whether intended or not, the implication is that the position of wider society in the HHGE story should be a reactive one, namely waiting to see what the scientists throw at them and then dealing with it. I argue that there is not only an immediate need for broader academic and societal input on the ethical and social aspects of the HHGE debate but that there is a deep symbiosis between scientific progress and its surroundings, whereby science both shapes and is shaped by the societal environment in which it takes place. The WHO published a position paper, recommendations, and a framework for governance. The framework for governance describes global standards for the governance and oversight of HHGE.[6] The position paper emphasized the importance of global and inclusive dialogue,[7] and many other boards have also called for broad public engagement.[8] It is imperative that WHO’s governance framework meets everyone’s needs. After all, as with any medical treatment, it is not the scientist who developed the treatment or the doctor who delivers it that is most important– that honor falls to the patient. In the case of HHGE, the beneficiaries include those members of society who hope to reproduce. Yet HHGE has the potential to impact society. We all should have an opportunity to be a part of world-changing decisions that lead to the creation are made and feel a responsibility to participate. lll. Shutting Down the Academic Debate At the 30th Annual Conference of the Japanese Association for Bioethics, which took place in late 2018 after He’s experiment, the discussion about HHGE was shut down quickly. Notwithstanding the understandable issues raised with He’s case, one participant after another stood up to voice support for an outright and complete ban on the use of CRISPR.[9] The ban was based on the grounds that editing the human genome would result in a cascade of unforeseen and irreversible consequences for future generations. One participant forcefully argued that “the deoxyribose nucleic acid (DNA) rubicon should never be crossed for above all, it was deeply immoral to do so when there was no way of obtaining the consent of those who would actually stand affected—our descendants.”[10] Another saw it as putting humanity on a slippery slope toward enhancements, and some feared the catastrophic mistakes that might result from their use.[11] While the above event provides just one snapshot of the debate that was taking place around the world at the time, it captures the strong reservations in the scientific community. It is a common view, not only in Japan, that the human genome is something sacred, a relic handed down from generations, that we ought to treasure and preserve. In support of such a view, religious and other more pragmatic reasons are offered. For example, some may fear the disasters that might befall us if we choose to intervene in the process through which we pass our genetic code from one generation to another. Such arguments are certainly still at the heart of the ethical debate, but the foundations upon which they are built are by no means universally accepted. Stanford University bioethicist Henry Greely writes, “the human germline genome” does not exist; instead, each of us has a unique genome.[12] Greely argues that HHGE is no different from the changes our genomes have undergone through numerous medical interventions. For example, synthetic insulin has increased the number of people with DNA variations that lead to diabetes. Those with this condition would have died as a child in the past. However, now they live long enough to be able to reproduce. Similarly, the transition from hunting to farming centuries ago resulted in a greater number of copies in our gene pool of starch-digesting genes. Yet Greely suggested that, practically, HHGE is “not very useful in the near- to midterm” (by which he means “the next several decades”)[13] “mainly because other technologies can attain almost all the important hoped-for benefits of [HHGE], often with lower risk,” citing embryo selection and somatic gene editing as two alternative options. Greely argued that applying HHGE for enhancement beyond disease prevention and is currently not a realistic option because we lack the necessary knowledge. In Greely’s opinion, “how worried should we be [about HHGE]…? A bit, but not very and not about much.”[14] Greely’s assertions that other scientific debates should take precedence and that the concerns are not ripe for debate yet are concerning. lV. Why Shutting Down the Debate Might Not be a Good Idea First, the timeframe described by Greely seems somewhat out of line with that described by leading scientists. As far back as 2018, at the same Summit where He made his revelations, George Q. Daley stressed that HHGE is scientifically feasible here and that the ethical considerations can no longer be put off: “…a number of groups have applied gene editing now to human embryos in the context of in vitro fertilization and attempting to determine variations of a protocol that would enhance the fidelity and reduce mosaicism. I think there has been an emerging consensus that the off-target problem is manageable, and in some cases even infinitesimal. There are some interesting proofs of principles, like diseases such as beta-thalassemia that could potentially be approached with this strategy.”[15] It would also be possible to challenge Greely on various other aspects. One of which would be the number of cases to which HHGE would be relevant and the kinds of moral allowances that might be made, and each case concludes that more urgency is required in the ethical debate. Greely suggests that most people can use preimplantation genetic testing (PGD), which is the embryo selection process, and that perhaps HHGE could apply to couples where both have the same autosomal recessive gene.[16] Greely rules out considering HHGE in cases where PGD is applicable. Greely concedes PGD does not already represent the answer on this topic, as it often fails to provide couples with enough healthy embryos to transfer. As a resolution to this issue, he points to the creation of eggs using induced pluripotent stem cell (iPSC) techniques, whereby eggs can potentially be created from other cells.[17] However, given the extremely limited success of iPSCs in the clinical arena to date, in vitro gametogenesis is a highly speculative solution. Certainly, the progress of iPSC research is not such a safe bet that placing all our hopes on it at the expense of HHGE techniques is currently justified. (Also, it should be noted that making eggs using the iPSC technique is hardly an ethical problem-free area itself.) In summary, the cases of couples looking to conceive that Greely rules out by pointing to PGD should be kept on the HHGE table, as various other scholars have suggested.[18] Many of us debating HHGE are not scientists, so the best we can do is draw from the information we glean from those more technically capable. As a society, we are not just passive observers of science; we should have influence over decisions that impact society. Indeed, even if the available science is not yet at a place where we should be worried about large-scale ethical and social concerns, the story will continue to unfold in the future. While Greely is happy to see the human race “muddle through” the ethical challenges of scientific breakthroughs, such a position fails to recognize that society at large is far from powerless. V. Society Influencing Scientific Progress There are some notable examples of society’s impact on scientific progress. For example, political policies led to the development of nuclear technology for war and strategic deterrence, despite societal objections seen through demonstrations of people protesting using the slogan “no nukes.” Furthermore, the Bush administration drastically limited the use of embryonic stem cells in the 2000s due to a strong religious and cultural influence on policy.[19] Societal debate potentially serves as a powerful factor in guiding science. Where societal acceptance is ambiguous, science tends to operate on its own. But where science would impact life’s fundamental issues like war, how embryos should be valued, or the end of life, society should weigh in and influence the role of science. Societal views on the current global moratorium on HHGE could lead to a ban, as has been advocated.[20] On the other hand, societal views that value HHGE as a way to expand reproductive autonomy may justify permitting its use. Opening an ethics debate about it would enable scientists to pursue technologies that society deems justifiable as well as set limits for where they should stop. Making this process more difficult, the He affair has clearly colored public discourse on HHGE in a way that inhibits debate. In Japan, a sequence of questionnaires in 2016, 2018, and 2019 showed that the widely publicized HHGE scandal led to a significant decline in the acceptance of genome editing technology in general, particularly for human reproduction. Specifically, the surveys revealed a stark rise in disapproval of the technology’s use on fertilized human eggs—from 12 percent in 2018 to 29 percent in 2019.[21] The three scientists that conducted these surveys suggested that “the news of the twin babies in China had a substantial influence on the Japanese public,” damaging the reputation of HHGE.[22] It seems likely that the public distaste for HHGE was prompted by He’s research rather than considerations about the scientific potential of HHGE The change in public opinion may also make politicians and scientists more hesitant when it comes to taking the lead in the HHGE debate. Ultimately, this can restrict the public discussion of the central ethical challenges of the technology and hinder efforts to determine whether there is a responsible path forward other than an outright ban. Stressing the importance of the issue again to potential patients and failing to engage further with the HHGE debate is surely not something society should allow. While there are many important ongoing debates about genetics, like biohacking and DIY hobbyists, HHGE deserves attention as well. In fact, attention to the ethics of HHGE should help — more awareness of how these tools can be applied and what germline genome editing is will make people more alert to the existing danger and better understand how to mitigate it. Perhaps more importantly, a clear message from society to researchers about what objectives are reasonable to pursue regarding the HHGE technologies will facilitate good science. Having a publicly determined criterion would allow scientists to not live in fear that they might be blacklisted for seeking progress in grey areas and instead confidently chase progress where it is allowed. Vl. What Now? HHGE is here (or will be soon) and brings many ethical and social challenges. However, the challenges should not be left to individual scientists and couples in desperate situations to manage alone. Moving toward how these challenges can be met practically, it is helpful to draw a parallel with the issue of implementing human rights. In the early 21st century, political philosopher Michael Freeman of the University of Essex lamented that implementing human rights had been left to lawyers. Although legal experts were clearly essential in putting together the global human rights framework, Freeman’s concern was that they were not best placed to understand implementing human rights in various contexts. Setting out a broader, interdisciplinary approach, he called for social scientists to tackle these difficult questions, ultimately moving human rights forward around the world. Similarly, in medical technology like HHGE, scientists are crucial to the story, but at the same time, they are not trained to deal with all the accompanying challenges. Bioethicists are also important, clarifying the arguments that society needs to resolve. There is a need for even wider input from across the scholarly community. For instance, as with human rights, international and domestic regulation is required, and clearly, the legal community has a role here. Moreover, as described by Freeman, since all law is political in its creation and has impacts across society, political scientists and sociologists can provide impactful input. CONCLUSION We are in it together, and we have roles to play in the discussion of HHGE. Societal discourse does not always trail the scientific reality, but rather, it can condition the path that science will follow. Given the importance of what is at stake, not only for the potential patients, but for humanity, we should not leave the HHGE debate only to scientists, and we should not leave it until later. - [1] Cohen J. “Embattled Russian scientist sharpens plans to create gene-edited babies,” Science, 21 Oct. 2019. doi:10.1126/science.aaz9337. [2] World Health Organization. “WHO issues new recommendations on human genome editing for the advancement of public health,” News release, 12 July 2021, www.who.int/news/item/12-07-2021-who-issues-new-recommendations-on-human-genome-editing-for-the-advancement-of-public-health. [3] World Health Organization. “Human Genome Editing Registry,” https://www.who.int/groups/expert-advisory-committee-on-developing-global-standards-for-governance-and-oversight-of-human-genome-editing/registry. [4] Daley GQ, Lovell-Badge R, and Steffann J. “After the Storm–A Responsible Path for Genome Editing,” New England Journal of Medicine 380, no. 10 (2019): 897-9. doi:10.1056/NEJMp1900504. [5] Daley GQ, Lovell-Badge R, and Steffann J. “After the Storm–A Responsible Path for Genome Editing,” New England Journal of Medicine 380, no. 10 (2019): 897-9. doi:10.1056/NEJMp1900504 [6] World Health Organization. “WHO issues new recommendations on human genome editing for the advancement of public health,” News Release, July 12, 2021, www.who.int/news/item/12-07-2021-who-issues-new-recommendations-on-human-genome-editing-for-the-advancement-of-public-health. [7] WHO 2021. Human Genome Editing: Position Paper, WHO Expert Advisory Committee on Developing Global Standards for Governance and Oversight of Human Genome Editing. [8] Daley GQ, Lovell-Badge R, and Steffann J. “After the Storm–A Responsible Path for Genome Editing,” New England Journal of Medicine 380, no. 10 (2019): 897-9. doi:10.1056/NEJMp1900504. [9] 30th Annual Conference of the Japanese Association for Bioethics, 8-9 Dec. 2018, Kyoto Prefectural University, Kyoto. [10] 30th Annual Conference of the Japanese Association for Bioethics, 8-9 Dec. 2018, Kyoto Prefectural University, Kyoto. [11] 30th Annual Conference of the Japanese Association for Bioethics, 8-9 Dec. 2018, Kyoto Prefectural University, Kyoto. [12] Greely HT. “Why the Panic Over ‘Designer Babies’ Is the Wrong Worry,” LeapsMag, 30 Oct. 2017, leapsmag.com/much-ado-about-nothing-much-crispr-for-human-embryo-editing; Greely HT. “CRISPR’d babies: human germline genome editing in the ‘He Jiankui Affair’,” Journal of Law and the Biosciences 2019; 6(1): 111–83. doi: 10.1093/jlb/lsz010; Greely HT. CRISPR People: The Science and Ethics of Editing Humans (Massachusetts: Massachusetts Institute of Technology Press, 2021). [13] Greely HT. “Why the Panic Over ‘Designer Babies’ Is the Wrong Worry,” LeapsMag, 30 Oct. 2017, leapsmag.com/much-ado-about-nothing-much-crispr-for-human-embryo-editing. [14] Greely HT. “Why the Panic Over ‘Designer Babies’ Is the Wrong Worry,” LeapsMag, 30 Oct. 2017, leapsmag.com/much-ado-about-nothing-much-crispr-for-human-embryo-editing. [15] Daley, G. (n.d.). Genome-editing-pathways to Translation. Transcript of the Human-Genome Editing Summit 2018 Hong Kong. Retrieved March 17, 2022, from https://diyhpl.us/wiki/transcripts/human-genome-editing-summit/2018-hong-kong/george-daley-genome-editing-pathways-to-translation/ [16] Greely HT. “CRISPR’d babies: human germline genome editing in the ‘He Jiankui affair’,” Journal of Law and the Biosciences 2019: 6(1): 111–83. doi:10.1093/jlb/lsz010. [17] Greely HT. CRISPR People: The Science and Ethics of Editing Humans (Massachusetts: Massachusetts Institute of Technology Press, 2021). [18] Rasnich R. “Germline genome editing versus preimplantation genetic diagnosis: Is there a case in favour of germline interventions?.” Bioethics 2020; 34(1): 60–9. [19] Murugan, Varnee. “Embryonic stem cell research: a decade of debate from Bush to Obama.” The Yale journal of biology and medicine vol. 82,3 (2009): 101-3. [20] Lander E, Baylis F, Zhang F, et al. “Adopt a moratorium on heritable genome editing,” Nature 2019; 567(7747): 165–8. pmid:30867611. [21] Watanabe D, Sato Y, Tsuda M, and Ohsawa R. Increased awareness and decreased acceptance of genome-editing technology: The impact of the Chinese twin babies. PLoS ONE 2000; 15(1): 1-13. doi:10.1371/journal.pone.0238128. [22] Watanabe D, Sato Y, Tsuda M, and Ohsawa R. Increased awareness and decreased acceptance of genome-editing technology: The impact of the Chinese twin babies. 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Die Vorträge der Tagung des Instituts für kunst- und musikhistorische Forschungen der Österreichischen Akademie der Wissenschaften, des Niederösterreichischen Instituts für Landeskunde und des Instituts für Österreichische Geschichtsforschung der Universität Wien, Krems, 28. bis 29. Oktober 2016 (Studien und Forschungen aus dem Niederösterreichischen Institut für Landeskunde, 71), St. Pölten 2018, Verlag Niederösterreichisches Institut für Landeskunde, 432 S. / Abb., € 25,00. (Markus Friedrich, Hamburg) Die „litterae annuae“ der Gesellschaft Jesu von Otterndorf (1713 bis 1730) und von Stade (1629 bis 1631), hrsg. v. Christoph Flucke / Martin J. Schröter, Münster 2020, Aschendorff, 154 S. / Abb., € 24,90. (Markus Friedrich, Hamburg) Como, David R., Radical Parliamentarians and the English Civil War, Oxford 2018, Oxford University Press, XV u. 457 S. / Abb., £ 85,00. (Torsten Riotte, Frankfurt a. M.) Corens, Liesbeth, Confessional Mobility and English Catholics in Counter-Reformation Europe, Oxford / New York 2019, Oxford University Press, XII u. 240 S. / Abb., £ 60,00. (Ulrich Niggemann, Augsburg) Asche, Matthias / Marco Kollenberg / Antje Zeiger (Hrsg.), Halb Europa in Brandenburg. Der Dreißigjährige Krieg und seine Folgen, Berlin 2020, Lukas, 244 S. / Abb., € 20,00. (Michael Rohrschneider, Bonn) Fiedler, Beate-Christine / Christine van den Heuvel (Hrsg.), Friedensordnung und machtpolitische Rivalitäten. Die schwedischen Besitzungen in Niedersachsen im europäischen Kontext zwischen 1648 und 1721 (Veröffentlichungen des Niedersächsischen Landesarchivs, 3), Göttingen 2019, Wallstein, 375 S. / Abb., € 29,90. (Niels Petersen, Göttingen) Prokosch, Michael, Das älteste Bürgerbuch der Stadt Linz (1658 – 1707). Edition und Auswertung (Quelleneditionen des Instituts für Österreichische Geschichtsforschung, 18), Wien / Köln / Weimar 2019, Böhlau, 308 S. / Abb., € 50,00. (Beate Kusche, Leipzig) Häberlein, Mark / Helmut Glück (Hrsg.), Matthias Kramer. Ein Nürnberger Sprachmeister der Barockzeit mit gesamteuropäischer Wirkung (Schriften der Matthias-Kramer-Gesellschaft zur Erforschung der Geschichte des Fremdsprachenerwerbs und der Mehrsprachigkeit, 3), Bamberg 2019, University of Bamberg Press, 221 S. / Abb., € 22,00. (Helga Meise, Reims) Herz, Silke, Königin Christiane Eberhardine – Pracht im Dienste der Staatsraison. Kunst, Raum und Zeremoniell am Hof der Frau Augusts des Starken (Schriften zur Residenzkultur 12), Berlin 2020, Lukas Verlag, 669 S. / Abb., € 70,00. (Katrin Keller, Wien) Schaad, Martin, Der Hochverrat des Amtmanns Povel Juel. Ein mikrohistorischer Streifzug durch Europas Norden der Frühen Neuzeit (Histoire, 176), Bielefeld 2020, transcript, 249 S., € 39,00. (Olaf Mörke, Kiel) Overhoff, Jürgen, Johann Bernhard Basedow (1724 – 1790). Aufklärer, Pädagoge, Menschenfreund. Eine Biografie (Hamburgische Lebensbilder, 25), Göttingen 2020, Wallstein, 200 S. / Abb., € 16,00. (Mark-Georg Dehrmann, Berlin) Augustynowicz, Christoph / Johannes Frimmel (Hrsg.), Der Buchdrucker Maria Theresias. Johann Thomas Trattner (1719 – 1798) und sein Medienimperium (Buchforschung, 10), Wiesbaden 2019, Harrassowitz, 173 S. / Abb., € 54,00. (Mona Garloff, Innsbruck) Beckus, Paul, Land ohne Herr – Fürst ohne Hof? Friedrich August von Anhalt-Zerbst und sein Fürstentum (Quellen und Forschungen zur Geschichte Sachsen-Anhalts, 15), Halle 2018, Mitteldeutscher Verlag, 604 S. / Abb., € 54,00. (Michael Hecht, Halle) Whatmore, Richard, Terrorists, Anarchists and Republicans. The Genevans and the Irish in Time of Revolution, Princeton / Oxford, Princeton University Press 2019, XXIX u. 478 S. / Abb., £ 34,00. (Ronald G. Asch, Freiburg i. Br.) Elster, Jon, France before 1789. The Unraveling of an Absolutist Regime, Princeton / Oxford 2020, Princeton University Press, XI u. 263 S. / graph. Darst., £ 34,00. (Lars Behrisch, Utrecht) Hellmann, Johanna, Marie Antoinette in Versailles. Politik, Patronage und Projektionen, Münster 2020, Aschendorff, X u. 402 S. / Abb., € 57,00. (Pauline Puppel, Berlin) Müchler, Günter, Napoleon. Revolutionär auf dem Kaiserthron, Darmstadt 2019, wbg Theiss, 622 S. / Abb., € 24,00. (Hans-Ulrich Thamer, Münster) Prietzel, Sven, Friedensvollziehung und Souveränitätswahrung. Preußen und die Folgen des Tilsiter Friedens 1807 – 1810 (Quellen und Forschungen zur Brandenburgischen und Preußischen Geschichte, 53), Berlin 2020, Duncker &amp; Humblot, 408 S., € 99,90. (Nadja Ackermann, Bern) Christoph, Andreas (Hrsg.), Kartieren um 1800 (Laboratorium Aufklärung, 19), Paderborn 2019, Fink, 191 S. / Abb., € 69,00. (Michael Busch, Rostock / Schwerin)

In its preamble, The Western Australian Charter of Multiculturalism (WA) commits the state to becoming: “A society in which respect for mutual difference is accompanied by equality of opportunity within a framework of democratic citizenship”. One of the principles of multiculturalism, as enunciated in the Charter, is “equality of opportunity for all members of society to achieve their full potential in a free and democratic society where every individual is equal before and under the law”. An important element of this principle is the “equality of opportunity … to achieve … full potential”. The implication here is that those who start from a position of disadvantage when it comes to achieving that potential deserve more than ‘equal’ treatment. Implicitly, equality can be achieved only through the recognition of and response to differential needs and according to the likelihood of achieving full potential. This is encapsulated in Kymlicka’s argument that neutrality is “hopelessly inadequate once we look at the diversity of cultural membership which exists in contemporary liberal democracies” (903). Yet such a potential commitment to differential support might seem unequal to some, where equality is constructed as the same or equal treatment regardless of differing circumstances. Until the past half-century or more, this problematic has been a hotly-contested element of the struggle for Civil Rights for African-Americans in the United States, especially as these rights related to educational opportunity during the years of racial segregation. For some, providing resources to achieve equal outcomes (rather than be committed to equal inputs) may appear to undermine the very ethos of liberal democracy. In Australia, this perspective has been the central argument of Pauline Hanson and her supporters who denounce programs designed as measures to achieve equality for specific disadvantaged groups; including Indigenous Australians and humanitarian refugees. Nevertheless, equality for all on all grounds of legally-accepted difference: gender, race, age, family status, sexual orientation, political conviction, to name a few; is often held as the hallmark of progressive liberal societies such as Australia. In the matter of religious freedoms the situation seems much less complex. All that is required for religious equality, it seems, is to define religion as a private matter – carried out, as it were, between consenting parties away from the public sphere. This necessitates, effectively, the separation of state and religion. This separation of religious belief from the apparatus of the state is referred to as ‘secularism’ and it tends to be regarded as a cornerstone of a liberal democracy, given the general assumption that secularism is a necessary precursor to equal treatment of and respect for different religious beliefs, and the association of secularism with the Western project of the Enlightenment when liberty, equality and science replaced religion and superstition. By this token, western nations committed to equality are also committed to being liberal, democratic and secular in nature; and it is a matter of state indifference as to which religious faith a citizen embraces – Wiccan, Christian, Judaism, etc – if any. Historically, and arguably more so in the past decade, the terms ‘democratic’, ‘secular’, ‘liberal’ and ‘equal’ have all been used to inscribe characteristics of the collective ‘West’. Individuals and states whom the West ascribe as ‘other’ are therefore either or all of: not democratic; not liberal; or not secular – and failing any one of these characteristics (for any country other than Britain, with its parliamentary-established Church of England, headed by the Queen as Supreme Governor) means that that country certainly does not espouse equality. The West and the ‘Other’ in Popular Discourse The constructed polarisation between the free, secular and democratic West that values equality; and the oppressive ‘other’ that perpetuates theocracies, religious discrimination and – at the ultimate – human rights abuses, is a common theme in much of the West’s media and popular discourse on Islam. The same themes are also applied in some measure to Muslims in Australia, in particular to constructions of the rights of Muslim women in Australia. Typically, Muslim women’s dress is deemed by some secular Australians to be a symbol of religious subjugation, rather than of free choice. Arguably, this polemic has come to the fore since the terrorist attacks on the United States in September 2001. However, as Aly and Walker note, the comparisons between the West and the ‘other’ are historically constructed and inherited (Said) and have tended latterly to focus western attention on the role and status of Muslim women as evidence of the West’s progression comparative to its antithesis, Eastern oppression. An examination of studies of the United States media coverage of the September 11 attacks, and the ensuing ‘war on terror’, reveals some common media constructions around good versus evil. There is no equal status between these. Good must necessarily triumph. In the media coverage, the evil ‘other’ is Islamic terrorism, personified by Osama bin Laden. Part of the justification for the war on terror is a perception that the West, as a force for good in this world, must battle evil and protect freedom and democracy (Erjavec and Volcic): to do otherwise is to allow the terror of the ‘other’ to seep into western lives. The war on terror becomes the defence of the west, and hence the defence of equality and freedom. A commitment to equality entails a defeat of all things constructed as denying the rights of people to be equal. Hutcheson, Domke, Billeaudeaux and Garland analysed the range of discourses evident in Time and Newsweek magazines in the five weeks following September 11 and found that journalists replicated themes of national identity present in the communication strategies of US leaders and elites. The political and media response to the threat of the evil ‘other’ is to create a monolithic appeal to liberal values which are constructed as being a monopoly of the ‘free’ West. A brief look at just a few instances of public communication by US political leaders confirms Hutcheson et al.’s contention that the official construction of the 2001 attacks invoked discourses of good and evil reminiscent of the Cold War. In reference to the actions of the four teams of plane hijackers, US president George W Bush opened his Address to the Nation on the evening of September 11: “Today, our fellow citizens, our way of life, our very freedom came under attack in a series of deliberate and deadly terrorist acts” (“Statement by the President in His Address to the Nation”). After enjoining Americans to recite Psalm 23 in prayer for the victims and their families, President Bush ended his address with a clear message of national unity and a further reference to the battle between good and evil: “This is a day when all Americans from every walk of life unite in our resolve for justice and peace. America has stood down enemies before, and we will do so this time. None of us will ever forget this day. Yet, we go forward to defend freedom and all that is good and just in our world” (“Statement by the President in His Address to the Nation”). In his address to the joint houses of Congress shortly after September 11, President Bush implicated not just the United States in this fight against evil, but the entire international community stating: “This is the world’s fight. This is civilisation’s fight” (cited by Brown 295). Addressing the California Business Association a month later, in October 2001, Bush reiterated the notion of the United States as the leading nation in the moral fight against evil, and identified this as a possible reason for the attack: “This great state is known for its diversity – people of all races, all religions, and all nationalities. They’ve come here to live a better life, to find freedom, to live in peace and security, with tolerance and with justice. When the terrorists attacked America, this is what they attacked”. While the US media framed the events of September 11 as an attack on the values of democracy and liberalism as these are embodied in US democratic traditions, work by scholars analysing the Australian media’s representation of the attacks suggested that this perspective was echoed and internationalised for an Australian audience. Green asserts that global media coverage of the attacks positioned the global audience, including Australians, as ‘American’. The localisation of the discourses of patriotism and national identity for Australian audiences has mainly been attributed to the media’s use of the good versus evil frame that constructed the West as good, virtuous and moral and invited Australian audiences to subscribe to this argument as members of a shared Western democratic identity (Osuri and Banerjee). Further, where the ‘we’ are defenders of justice, equality and the rule of law; the opposing ‘others’ are necessarily barbaric. Secularism and the Muslim Diaspora Secularism is a historically laden term that has been harnessed to symbolise the emancipation of social life from the forced imposition of religious doctrine. The struggle between the essentially voluntary and private demands of religion, and the enjoyment of a public social life distinct from religious obligations, is historically entrenched in the cultural identities of many modern Western societies (Dallmayr). The concept of religious freedom in the West has evolved into a principle based on the bifurcation of life into the objective public sphere and the subjective private sphere within which individuals are free to practice their religion of choice (Yousif), or no religion at all. Secularism, then, is contingent on the maintenance of a separation between the public (religion-free) and the private or non- public (which may include religion). The debate regarding the feasibility or lack thereof of maintaining this separation has been a matter of concern for democratic theorists for some time, and has been made somewhat more complicated with the growing presence of religious diasporas in liberal democratic states (Charney). In fact, secularism is often cited as a precondition for the existence of religious pluralism. By removing religion from the public domain of the state, religious freedom, in so far as it constitutes the ability of an individual to freely choose which religion, if any, to practice, is deemed to be ensured. However, as Yousif notes, the Western conception of religious freedom is based on a narrow notion of religion as a personal matter, possibly a private emotional response to the idea of God, separate from the rational aspects of life which reside in the public domain. Arguably, religion is conceived of as recognising (or creating) a supernatural dimension to life that involves faith and belief, and the suspension of rational thought. This Western notion of religion as separate from the state, dividing the private from the public sphere, is constructed as a necessary basis for the liberal democratic commitment to secularism, and the notional equality of all religions, or none. Rawls questioned how people with conflicting political views and ideologies can freely endorse a common political regime in secular nations. The answer, he posits, lies in the conception of justice as a mechanism to regulate society independently of plural (and often opposing) religious or political conceptions. Thus, secularism can be constructed as an indicator of pluralism and justice; and political reason becomes the “common currency of debate in a pluralist society” (Charney 7). A corollary of this is that religious minorities must learn to use the language of political reason to represent and articulate their views and opinions in the public context, especially when talking with non-religious others. This imposes a need for religious minorities to support their views and opinions with political reason that appeals to the community at large as citizens, and not just to members of the minority religion concerned. The common ground becomes one of secularism, in which all speakers are deemed to be indifferent as to the (private) claims of religion upon believers. Minority religious groups, such as fundamentalist Mormons, invoke secular language of moral tolerance and civil rights to be acknowledged by the state, and to carry out their door-to-door ‘information’ evangelisation/campaigns. Right wing fundamentalist Christian groups and Catholics opposed to abortion couch their views in terms of an extension of the secular right to life, and in terms of the human rights and civil liberties of the yet-to-be-born. In doing this, these religious groups express an acceptance of the plurality of the liberal state and engage in debates in the public sphere through the language of political values and political principles of the liberal democratic state. The same principles do not apply within their own associations and communities where the language of the private religious realm prevails, and indeed is expected. This embracing of a political rhetoric for discussions of religion in the public sphere presents a dilemma for the Muslim diaspora in liberal democratic states. For many Muslims, religion is a complete way of life, incapable of compartmentalisation. The narrow Western concept of religious expression as a private matter is somewhat alien to Muslims who are either unable or unwilling to separate their religious needs from their needs as citizens of the nation state. Problems become apparent when religious needs challenge what seems to be publicly acceptable, and conflicts occur between what the state perceives to be matters of rational state interest and what Muslims perceive to be matters of religious identity. Muslim women’s groups in Western Australia for example have for some years discussed the desirability of a Sharia divorce court which would enable Muslims to obtain divorces according to Islamic law. It should be noted here that not all Muslims agree with the need for such a court and many – probably a majority – are satisfied with the existing processes that allow Muslim men and women to obtain a divorce through the Australian family court. For some Muslims however, this secular process does not satisfy their religious needs and it is perceived as having an adverse impact on their ability to adhere to their faith. A similar situation pertains to divorced Catholics who, according to a strict interpretation of their doctrine, are unable to take the Eucharist if they form a subsequent relationship (even if married according to the state), unless their prior marriage has been annulled by the Catholic Church or their previous partner has died. Whereas divorce is considered by the state as a public and legal concern, for some Muslims and others it is undeniably a religious matter. The suggestion by the Anglican Communion’s Archbishop of Canterbury, Dr Rowan Williams, that the adoption of certain aspects of Sharia law regarding marital disputes or financial matters is ultimately unavoidable, sparked controversy in Britain and in Australia. Attempts by some Australian Muslim scholars to elaborate on Dr Williams’s suggestions, such as an article by Anisa Buckley in The Herald Sun (Buckley), drew responses that, typically, called for Muslims to ‘go home’. A common theme in these responses is that proponents of Sharia law (and Islam in general) do not share a commitment to the Australian values of freedom and equality. The following excerpts from the online pages of Herald Sun Readers’ Comments (Herald Sun) demonstrate this perception: “These people come to Australia for freedoms they have never experienced before and to escape repression which is generally brought about by such ‘laws’ as Sharia! How very dare they even think that this would be an option. Go home if you want such a regime. Such an insult to want to come over to this country on our very goodwill and our humanity and want to change our systems and ways. Simply, No!” Posted 1:58am February 12, 2008 “Under our English derived common law statutes, the law is supposed to protect an individual’s rights to life, liberty and property. That is the basis of democracy in Australia and most other western nations. Sharia law does not adequately share these philosophies and principles, thus it is incompatible with our system of law.” Posted 12:55am February 11, 2008 “Incorporating religious laws in the secular legal system is just plain wrong. No fundamentalist religion (Islam in particular) is compatible with a liberal-democracy.” Posted 2:23pm February 10, 2008 “It should not be allowed in Australia the Muslims come her for a better life and we give them that opportunity but they still believe in covering them selfs why do they even come to Australia for when they don’t follow owe [our] rules but if we went to there [their] country we have to cover owe selfs [sic]” Posted 11:28am February 10, 2008 Conflicts similar to this one – over any overt or non-private religious practice in Australia – may also be observed in public debates concerning the wearing of traditional Islamic dress; the slaughter of animals for consumption; Islamic burial rites, and other religious practices which cannot be confined to the private realm. Such conflicts highlight the inability of the rational liberal approach to solve all controversies arising from religious traditions that enjoin a broader world view than merely private spirituality. In order to adhere to the liberal reduction of religion to the private sphere, Muslims in the West must negotiate some religious practices that are constructed as being at odds with the rational state and practice a form of Islam that is consistent with secularism. At the extreme, this Western-acceptable form is what the Australian government has termed ‘moderate Islam’. The implication here is that, for the state, ‘non-moderate Islam’ – Islam that pervades the public realm – is just a descriptor away from ‘extreme’. The divide between Christianity and Islam has been historically played out in European Christendom as a refusal to recognise Islam as a world religion, preferring instead to classify it according to race or ethnicity: a Moorish tendency, perhaps. The secular state prefers to engage with Muslims as an ethnic, linguistic or cultural group or groups (Yousif). Thus, in order to engage with the state as political citizens, Muslims must find ways to present their needs that meet the expectations of the state – ways that do not use their religious identity as a frame of reference. They can do this by utilizing the language of political reason in the public domain or by framing their needs, views and opinions exclusively in terms of their ethnic or cultural identity with no reference to their shared faith. Neither option is ideal, or indeed even viable. This is partly because many Muslims find it difficult if not impossible to separate their religious needs from their needs as political citizens; and also because the prevailing perception of Muslims in the media and public arena is constructed on the basis of an understanding of Islam as a religion that conflicts with the values of liberal democracy. In the media and public arena, little consideration is given to the vast differences that exist among Muslims in Australia, not only in terms of ethnicity and culture, but also in terms of practice and doctrine (Shia or Sunni). The dominant construction of Muslims in the Australian popular media is of religious purists committed to annihilating liberal, secular governments and replacing them with anti-modernist theocratic regimes (Brasted). It becomes a talking point for some, for example, to realise that there are international campaigns to recognise Gay Muslims’ rights within their faith (ABC) (in the same way that there are campaigns to recognise Gay Christians as full members of their churches and denominations and equally able to hold high office, as followers of the Anglican Communion will appreciate). Secularism, Preference and Equality Modood asserts that the extent to which a minority religious community can fully participate in the public and political life of the secular nation state is contingent on the extent to which religion is the primary marker of identity. “It may well be the case therefore that if a faith is the primary identity of any community then that community cannot fully identify with and participate in a polity to the extent that it privileges a rival faith. Or privileges secularism” (60). Modood is not saying here that Islam has to be privileged in order for Muslims to participate fully in the polity; but that no other religion, nor secularism, should be so privileged. None should be first, or last, among equals. For such a situation to occur, Islam would have to be equally acceptable both with other religions and with secularism. Following a 2006 address by the former treasurer (and self-avowed Christian) Peter Costello to the Sydney Institute, in which Costello suggested that people who feel a dual claim from both Islamic law and Australian law should be stripped of their citizenship (Costello), the former Prime Minister, John Howard, affirmed what he considers to be Australia’s primary identity when he stated that ‘Australia’s core set of values flowed from its Anglo Saxon identity’ and that any one who did not embrace those values should not be allowed into the country (Humphries). The (then) Prime Minister’s statement is an unequivocal assertion of the privileged position of the Anglo Saxon tradition in Australia, a tradition with which many Muslims and others in Australia find it difficult to identify. Conclusion Religious identity is increasingly becoming the identity of choice for Muslims in Australia, partly because it is perceived that their faith is under attack and that it needs defending (Aly). They construct the defence of their faith as a choice and an obligation; but also as a right that they have under Australian law as equal citizens in a secular state (Aly and Green). Australian Muslims who have no difficulty in reconciling their core Australianness with their deep faith take it as a responsibility to live their lives in ways that model the reconciliation of each identity – civil and religious – with the other. In this respect, the political call to Australian Muslims to embrace a ‘moderate Islam’, where this is seen as an Islam without a public or political dimension, is constructed as treating their faith as less than equal. Religious identity is generally deemed to have no place in the liberal democratic model, particularly where that religion is constructed to be at odds with the principles and values of liberal democracy, namely tolerance and adherence to the rule of law. Indeed, it is as if the national commitment to secularism rules as out-of-bounds any identity that is grounded in religion, giving precedence instead to accepting and negotiating cultural and ethnic differences. Religion becomes a taboo topic in these terms, an affront against secularism and the values of the Enlightenment that include liberty and equality. In these circumstances, it is not the case that all religions are equally ignored in a secular framework. What is the case is that the secular framework has been constructed as a way of ‘privatising’ one religion, Christianity; leaving others – including Islam – as having nowhere to go. Islam thus becomes constructed as less than equal since it appears that, unlike Christians, Muslims are not willing to play the secular game. In fact, Muslims are puzzling over how they can play the secular game, and why they should play the secular game, given that – as is the case with Christians – they see no contradiction in performing ‘good Muslim’ and ‘good Australian’, if given an equal chance to embrace both. Acknowledgements This paper is based on the findings of an Australian Research Council Discovery Project, 2005-7, involving 10 focus groups and 60 in-depth interviews. The authors wish to acknowledge the participation and contributions of WA community members. References ABC. “A Jihad for Love.” Life Matters (Radio National), 21 Feb. 2008. 11 March 2008. < http://www.abc.net.au/rn/lifematters/stories/2008/2167874.htm >.Aly, Anne. “Australian Muslim Responses to the Discourse on Terrorism in the Australian Popular Media.” Australian Journal of Social Issues 42.1 (2007): 27-40.Aly, Anne, and Lelia Green. “‘Moderate Islam’: Defining the Good Citizen.” M/C Journal 10.6/11.1 (2008). 13 April 2008 < http://journal.media-culture.org.au/0804/08aly-green.php >.Aly, Anne, and David Walker. “Veiled Threats: Recurrent Anxieties in Australia.” Journal of Muslim Minority Affairs 27.2 (2007): 203-14.Brasted, Howard.V. “Contested Representations in Historical Perspective: Images of Islam and the Australian Press 1950-2000.” Muslim Communities in Australia. Eds. Abdullah Saeed and Akbarzadeh, Shahram. 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Introduction The social roles of alcohol consumption are rich and varied, with different types of alcoholic beverages reflecting important symbolic and cultural meanings. Sparkling wine is especially notable for its association with secular and sacred celebrations. Indeed, sparkling wine is rarely drunk as a matter of routine; bottles of such wine signal special occasions, heightened by the formality and excitement associated with opening the bottle and controlling (or not!) the resultant fizz (Faith). Originating in England and France in the late 1600s, sparkling wine marked a dramatic shift in winemaking techniques, with winemakers deliberately adding “fizz” or bubbles to their product (Faith). The resulting effervescent wines were first enjoyed by the social elite of European society, signifying privilege, wealth, luxury and nobility; however, new techniques for producing, selling and distributing the wines created a mass consumer culture (Guy). Production of Australian sparkling wines began in the late nineteenth century and consumption remains popular. As a “new world” country – that is, one not located in the wine producing areas of Europe – Australian sparkling wines cannot directly draw on the same marketing traditions as those of the “old world”. One enterprising company, Treasury Wine Estates, markets a range of wines, including a sparkling variety, called 19 Crimes, that draws, not on European traditions tied to luxury, wealth and prestige, but Australia’s colonial history. Using Augmented Reality and interactive story-telling, 19 Crimes wine labels feature convicts who had committed one or more of 19 crimes punishable by transportation to Australia from Britain. The marketing of sparkling wine using convict images and convict stories of transportation have not diminished the celebratory role of consuming “bubbly”. Rather, in exploring the marketing techniques employed by the company, particularly when linked to the traditional drink of celebration, we argue that 19 Crimes, while fun and informative, nevertheless romanticises convict experiences and Australia’s convict past. Convict Heritage and Re-Appropriating the Convict Image Australia’s cultural heritage is undeniably linked to its convict past. Convicts were transported to Australia from England and Ireland over an 80-year period between 1788-1868. While the convict system in Australia was not predominantly characterised by incarceration and institutionalisation (Jones 18) the work they performed was often forced and physically taxing, and food and clothing shortages were common. Transportation meant exile, and “it was a fierce punishment that ejected men, women and children from their homelands into distant and unknown territories” (Bogle 23). Convict experiences of transportation often varied and were dependent not just on the offender themselves (for example their original crime, how willing they were to work and their behaviour), but also upon the location they were sent to. “Normal” punishment could include solitary confinement, physical reprimands (flogging) or hard labour in chain gangs. From the time that transportation ceased in the mid 1800s, efforts were made to distance Australia’s future from the “convict stain” of its past (Jones). Many convict establishments were dismantled or repurposed with the intent of forgetting the past, although some became sites of tourist visitation from the time of closure. Importantly, however, the wider political and social reluctance to engage in discourse regarding Australia’s “unsavoury historical incident” of its convict past continued up until the 1970s (Jones 26). During the 1970s Australia’s convict heritage began to be discussed more openly, and indeed, more favourably (Welch 597). Many today now view Australia’s convicts as “reluctant pioneers” (Barnard 7), and as such they are celebrated within our history. In short, the convict heritage is now something to be celebrated rather than shunned. This celebration has been capitalised upon by tourist industries and more recently by wine label 19 Crimes. “19 Crimes: Cheers to the Infamous” The Treasury Wine Estates brand launched 19 Crimes in 2011 to a target population of young men aged between 18 and 34 (Lyons). Two limited edition vintages sold out in 2011 with “virtually no promotion” (19 Crimes, “Canadians”). In 2017, 19 Crimes became the first wine to use an Augmented Reality (AR) app (the app was later renamed Living Wines Labels in 2018) that allowed customers to hover their [smart] phone in front of a bottle of the wine and [watch] mugshots of infamous 18th century British criminals come to life as 3D characters who recount their side of the story. Having committed at least one of the 19 crimes punishable by exile to Australia, these convicts now humor and delight wine drinkers across the globe. (Lirie) Given the target audience of the 19 Crimes wine was already 18-34 year old males, AR made sense as a marketing technique. Advertisers are well aware the millennial generation is “digitally empowered” and the AR experience was created to not only allow “consumers to engage with 19 Crimes wines but also explore some of the stories of Australia’s convict past … [as] told by the convicts-turned-colonists themselves!” (Lilley cited in Szentpeteri 1-2). The strategy encourages people to collect convicts by purchasing other 19 Crimes alcohol to experience a wider range of stories. The AR has been highly praised: they [the labels] animate, explaining just what went down and giving a richer experience to your beverage; engaging both the mind and the taste buds simultaneously … . ‘A fantastic app that brings a little piece of history to life’, writes one user on the Apple app store. ‘I jumped out of my skin when the mugshot spoke to me’. (Stone) From here, the success of 19 Crimes has been widespread. For example, in November 2020, media reports indicated that 19 Crimes red wine was the most popular supermarket wine in the UK (Lyons; Pearson-Jones). During the UK COVID lockdown in 2020, 19 Crimes sales increased by 148 per cent in volume (Pearson-Jones). This success is in no small part to its innovative marketing techniques, which of course includes the AR technology heralded as a way to enhance the customer experience (Lirie). The 19 Crimes wine label explicitly celebrates infamous convicts turned settlers. The website “19 Crimes: Cheers to the Infamous” incorporates ideas of celebration, champagne and bubbles by encouraging people to toast their mates: the convicts on our wines are not fiction. They were of flesh and blood, criminals and scholars. Their punishment of transportation should have shattered their spirits. Instead, it forged a bond stronger than steel. Raise a glass to our convict past and the principles these brave men and women lived by. (19 Crimes, “Cheers”) While using alcohol, and in particular sparkling wine, to participate in a toasting ritual is the “norm” for many social situations, what is distinctive about the 19 Crimes label is that they have chosen to merchandise and market known offenders for individuals to encounter and collect as part of their drinking entertainment. This is an innovative and highly popular concept. According to one marketing company: “19 Crimes Wines celebrate the rebellious spirit of the more than 160,000 exiled men and women, the rule breakers and law defying citizens that forged a new culture and national spirit in Australia” (Social Playground). The implication is that by drinking this brand of [sparkling] wine, consumers are also partaking in celebrating those convicts who “forged” Australian culture and national spirit. In many ways, this is not a “bad thing”. 19 Crimes are promoting Australian cultural history in unique ways and on a very public and international scale. The wine also recognises the hard work and success stories of the many convicts that did indeed build Australia. Further, 19 Crimes are not intentionally minimising the experiences of convicts. They implicitly acknowledge the distress felt by convicts noting that it “should have shattered their spirits”. However, at times, the narratives and marketing tools romanticise the convict experience and culturally reinterpret a difficult experience into one of novelty. They also tap into Australia’s embracement of larrikinism. In many ways, 19 Crimes are encouraging consumers to participate in larrikin behaviour, which Bellanta identifies as being irreverent, mocking authority, showing a disrespect for social subtleties and engaging in boisterous drunkenness with mates. Celebrating convict history with a glass of bubbly certainly mocks authority, as does participating in cultural practices that subvert original intentions. Several companies in the US and Europe are now reportedly offering the service of selling wine bottle labels with customisable mugshots. Journalist Legaspi suggests that the perfect gift for anyone who wants a sparkling wine or cider to toast with during the Yuletide season would be having a customisable mugshot as a wine bottle label. The label comes with the person’s mugshot along with a “goofy ‘crime’ that fits the person-appealing” (Sotelo cited in Legaspi). In 2019, Social Playground partnered with MAAKE and Dan Murphy's stores around Australia to offer customers their own personalised sticker mugshots that could be added to the wine bottles. The campaign was intended to drive awareness of 19 Crimes, and mugshot photo areas were set up in each store. Customers could then pose for a photo against the “mug shot style backdrop. Each photo was treated with custom filters to match the wine labels actual packaging” and then printed on a sticker (Social Playground). The result was a fun photo moment, delivered as a personalised experience. Shoppers were encouraged to purchase the product to personalise their bottle, with hundreds of consumers taking up the offer. With instant SMS delivery, consumers also received a branded print that could be shared so [sic] social media, driving increased brand awareness for 19 Crimes. (Social Playground) While these customised labels were not interactive, they lent a unique and memorable spin to the wine. In many circumstances, adding personalised photographs to wine bottles provides a perfect and unique gift; yet, could be interpreted as making light of the conditions experienced by convicts. However, within our current culture, which celebrates our convict heritage and embraces crime consumerism, the reframing of a mugshot from a tool used by the State to control into a novelty gift or memento becomes culturally acceptable and desirable. Indeed, taking a larrikin stance, the reframing of the mugshot is to be encouraged. It should be noted that while some prisons were photographing criminals as early as the 1840s, it was not common practice before the 1870s in England. The Habitual Criminals Act of 1869 has been attributed with accelerating the use of criminal photographs, and in 1871 the Crimes Prevention Act mandated the photographing of criminals (Clark). Further, in Australia, convicts only began to be photographed in the early 1870s (Barnard) and only in Western Australia and Port Arthur (Convict Records, “Resources”), restricting the availability of images which 19 Crimes can utilise. The marketing techniques behind 19 Crimes and the Augmented app offered by Living Wines Labels ensure that a very particular picture of the convicts is conveyed to its customers. As seen above, convicts are labelled in jovial terms such as “rule breakers”, having a “rebellious spirit” or “law defying citizens”, again linking to notions of larrikinism and its celebration. 19 Crimes have been careful to select convicts that have a story linked to “rule breaking, culture creating and overcoming adversity” (19 Crimes, “Snoop”) as well as convicts who have become settlers, or in other words, the “success stories”. This is an ingenious marketing strategy. Through selecting success stories, 19 Crimes are able to create an environment where consumers can enjoy their bubbly while learning about a dark period of Australia’s heritage. Yet, there is a distancing within the narratives that these convicts are actually “criminals”, or where their criminal behaviour is acknowledged, it is presented in a way that celebrates it. Words such as criminals, thieves, assault, manslaughter and repeat offenders are foregone to ensure that consumers are never really reminded that they may be celebrating “bad” people. The crimes that make up 19 Crimes include: Grand Larceny, theft above the value of one shilling. Petty Larceny, theft under one shilling. Buying or receiving stolen goods, jewels, and plate... Stealing lead, iron, or copper, or buying or receiving. Impersonating an Egyptian. Stealing from furnished lodgings. Setting fire to underwood. Stealing letters, advancing the postage, and secreting the money. Assault with an intent to rob. Stealing fish from a pond or river. Stealing roots, trees, or plants, or destroying them. Bigamy. Assaulting, cutting, or burning clothes. Counterfeiting the copper coin... Clandestine marriage. Stealing a shroud out of a grave. Watermen carrying too many passengers on the Thames, if any drowned. Incorrigible rogues who broke out of Prison and persons reprieved from capital punishment. Embeuling Naval Stores, in certain cases. (19 Crimes, “Crimes”) This list has been carefully chosen to fit the narrative that convicts were transported in the main for what now appear to be minimal offences, rather than for serious crimes which would otherwise have been punished by death, allowing the consumer to enjoy their bubbly without engaging too closely with the convict story they are experiencing. The AR experience offered by these labels provides consumers with a glimpse of the convicts’ stories. Generally, viewers are told what crime the convict committed, a little of the hardships they encountered and the success of their outcome. Take for example the transcript of the Blanc de Blancs label: as a soldier I fought for country. As a rebel I fought for cause. As a man I fought for freedom. My name is James Wilson and I fight to the end. I am not ashamed to speak the truth. I was tried for treason. Banished to Australia. Yet I challenged my fate and brought six of my brothers to freedom. Think that we have been nearly nine years in this living tomb since our first arrest and that it is impossible for mind or body to withstand the continual strain that is upon them. One or the other must give way. While the contrived voice of James Wilson speaks about continual strain on the body and mind, and having to live in a “living tomb” [Australia] the actual difficulties experienced by convicts is not really engaged with. Upon further investigation, it is also evident that James Wilson was not an ordinary convict, nor was he strictly tried for treason. Information on Wilson is limited, however from what is known it is clear that he enlisted in the British Army at age 17 to avoid arrest when he assaulted a policeman (Snoots). In 1864 he joined the Irish Republican Brotherhood and became a Fenian; which led him to desert the British Army in 1865. The following year he was arrested for desertion and was convicted by the Dublin General Court Martial for the crime of being an “Irish rebel” (Convict Records, “Wilson”), desertion and mutinous conduct (photo from the Wild Geese Memorial cited in The Silver Voice). Prior to transportation, Wilson was photographed at Dublin Mountjoy Prison in 1866 (Manuscripts and Archives Division), and this is the photo that appears on the Blanc de Blancs label. He arrived in Fremantle, Western Australia on 9 January 1868. On 3 June 1869 Wilson “was sentenced to fourteen days solitary, confinement including ten days on bread and water” (photo from the Wild Geese Memorial cited in The Silver Voice) for an unknown offence or breach of conduct. A few years into his sentence he sent a letter to a fellow Fenian New York journalist John Devoy. Wilson wrote that his was a voice from the tomb. For is not this a living tomb? In the tomb it is only a man’s body is good for the worms but in this living tomb the canker worm of care enters the very soul. Think that we have been nearly nine years in this living tomb since our first arrest and that it is impossible for mind or body to withstand the continual strain that is upon them. One or the other must give way. (Wilson, 1874, cited in FitzSimons; emphasis added) Note the last two lines of the extract of the letter have been used verbatim by 19 Crimes to create their interactive label. This letter sparked a rescue mission which saw James Wilson and five of his fellow prisoners being rescued and taken to America where Wilson lived out his life (Reid). This escape has been nicknamed “The Great Escape” and a memorial was been built in 2005 in Rockingham where the escape took place. While 19 Crimes have re-created many elements of Wilson’s story in the interactive label, they have romanticised some aspects while generalising the conditions endured by convicts. For example, citing treason as Wilson’s crime rather than desertion is perhaps meant to elicit more sympathy for his situation. Further, the selection of a Fenian convict (who were often viewed as political prisoners that were distinct from the “criminal convicts”; Amos) allows 19 Crimes to build upon narratives of rule breaking by focussing on a convict who was sent to Australia for fighting for what he believed in. In this way, Wilson may not be seen as a “real” criminal, but rather someone to be celebrated and admired. Conclusion As a “new world” producer of sparkling wine, it was important for 19 Crimes to differentiate itself from the traditionally more sophisticated market of sparkling-wine consumers. At a lower price range, 19 Crimes caters to a different, predominantly younger, less wealthy clientele, who nevertheless consume alcoholic drinks symbolic to the occasion. The introduction of an effervescent wine to their already extensive collection encourages consumers to buy their product to use in celebratory contexts where the consumption of bubbly defines the occasion. The marketing of Blanc de Blancs directly draws upon ideas of celebration whilst promoting an image and story of a convict whose situation is admired – not the usual narrative that one associates with celebration and bubbly. Blanc de Blancs, and other 19 Crimes wines, celebrate “the rules they [convicts] broke and the culture they built” (19 Crimes, “Crimes”). This is something that the company actively promotes through its website and elsewhere. Using AR, 19 Crimes are providing drinkers with selective vantage points that often sensationalise the reality of transportation and disengage the consumer from that reality (Wise and McLean 569). Yet, 19 Crimes are at least engaging with the convict narrative and stimulating interest in the convict past. Consumers are being informed, convicts are being named and their stories celebrated instead of shunned. Consumers are comfortable drinking bubbly from a bottle that features a convict because the crimes committed by the convict (and/or to the convict by the criminal justice system) occurred so long ago that they have now been romanticised as part of Australia’s colourful history. The mugshot has been re-appropriated within our culture to become a novelty or fun interactive experience in many social settings. For example, many dark tourist sites allow visitors to take home souvenir mugshots from decommissioned police and prison sites to act as a memento of their visit. The promotional campaign for people to have their own mugshot taken and added to a wine bottle, while now a cultural norm, may diminish the real intent behind a mugshot for some people. For example, while drinking your bubbly or posing for a fake mugshot, it may be hard to remember that at the time their photographs were taken, convicts and transportees were “ordered to sit for the camera” (Barnard 7), so as to facilitate State survelliance and control over these individuals (Wise and McLean 562). Sparkling wine, and the bubbles that it contains, are intended to increase fun and enjoyment. Yet, in the case of 19 Crimes, the application of a real-life convict to a sparkling wine label adds an element of levity, but so too novelty and romanticism to what are ultimately narratives of crime and criminal activity; thus potentially “making light” of the convict experience. 19 Crimes offers consumers a remarkable way to interact with our convict heritage. The labels and AR experience promote an excitement and interest in convict heritage with potential to spark discussion around transportation. The careful selection of convicts and recognition of the hardships surrounding transportation have enabled 19 Crimes to successfully re-appropriate the convict image for celebratory occasions. References 19 Crimes. “Cheers to the Infamous.” 19 Crimes, 2020. 14 Dec. 2020 <https://www.19crimes.com>. ———. “The 19 Crimes.” 19 Crimes, 2020. 14 Dec. 2020 <https://www.19crimes.com/en-au/the-19-crimes>. ———. “19 Crimes Announces Multi-Year Partnership with Entertainment Icon Snoop Dogg.” PR Newswire 16 Apr. 2020. 15 Dec. 2020 <https://www.prnewswire.com/news-releases/19-crimes-announces-multi-year-partnership-with-entertainment-icon-snoop-dogg-301041585.html>. ———. “19 Crimes Canadians Not Likely to Commit, But Clamouring For.” PR Newswire 10 Oct. 2013. 15 Dec. 2020 <https://www.prnewswire.com/news-releases/19-crimes-canadians-not-likely-to-commit-but-clamouring-for-513086721.html>. Amos, Keith William. The Fenians and Australia c 1865-1880. 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FitzSimons, Peter. “The Catalpa: How the Plan to Break Free Irish Prisoners in Fremantle Was Hatched, and Funded.” Sydney Morning Herald 21 Apr. 2019. 15 Dec. 2020 <https://www.smh.com.au/entertainment/books/the-catalpa-how-the-plan-to-break-free-irish-prisoners-in-fremantle-was-hatched-and-funded-20190416-p51eq2.html>. Guy, Kolleen. When Champagne Became French: Wine and the Making of a National identity. Baltimore, Maryland: Johns Hopkins UP, 2007. Jones, Jennifer Kathleen. Historical Archaeology of Tourism at Port Arthur, Tasmania, 1885-1960. PhD Dissertation, Simon Fraser University, 2016. Legaspi, John. “Need a Wicked Gift Idea? Try This Wine Brand’s Customizable Bottle Label with Your Own Mugshot.” Manila Bulletin 18 Nov. 2020. 14 Dec. 2020 <https://mb.com.ph/2020/11/18/need-a-wicked-gift-idea-try-this-wine-brands-customizable-bottle-label-with-your-own-mugshot/>. Lirie. “Augmented Reality Example: Marketing Wine with 19 Crimes.” Boot Camp Digital 13 Mar. 2018. 15 Dec. 2020 <https://bootcampdigital.com/blog/augmented-reality-example-marketing-wine-19-crimes/>. Lyons, Matthew. “19 Crimes Named UK’s Favourite Supermarket Wine.” Harpers 23 Nov. 2020. 14 Dec. 2020 <https://harpers.co.uk/news/fullstory.php/aid/28104/19_Crimes_named_UK_s_favourite_supermarket_wine.html>. Manuscripts and Archives Division, The New York Public Library. "John O'Reilly, 10th Hussars; Thomas Delany; James Wilson, See James Thomas, Page 16; Martin Hogan, See O'Brien, Same Page (16)." The New York Public Library Digital Collections. 1866. <https://digitalcollections.nypl.org/items/510d47dc-9768-a3d9-e040-e00a18064a99>. Pearson-Jones, Bridie. “Cheers to That! £9 Bottle of Australian Red Inspired by 19 Crimes That Deported Convicts in 18th Century Tops List as UK’s Favourite Supermarket Wine.” Daily Mail 22 Nov. 2020. 14 Dec. 2020 <https://www.dailymail.co.uk/femail/food/article-8933567/19-Crimes-Red-UKs-favourite-supermarket-wine.html>. Reid, Richard. “Object Biography: ‘A Noble Whale Ship and Commander’ – The Catalpa Rescue, April 1876.” National Museum of Australia n.d. 15 Dec. 2020 <https://www.nma.gov.au/__data/assets/pdf_file/0015/2553/NMA_Catalpa.pdf>. Snoots, Jen. “James Wilson.” Find A Grave 2007. 15 Dec. 2020 <https://www.findagrave.com/memorial/19912884/james-wilson>. Social Playground. “Printing Wine Labels with 19 Crimes.” Social Playground 2019. 14 Dec. 2020 <https://www.socialplayground.com.au/case-studies/maake-19-crimes>. Stone, Zara. “19 Crimes Wine Is an Amazing Example of Adult Targeted Augmented Reality.” Forbes 12 Dec. 2017. 15 Dec. 2020 <https://www.forbes.com/sites/zarastone/2017/12/12/19-crimes-wine-is-an-amazing-example-of-adult-targeted-augmented-reality/?sh=492a551d47de>. Szentpeteri, Chloe. “Sales and Marketing: Label Design and Printing: Augmented Reality Bringing Bottles to Life: How Treasury Wine Estates Forged a New Era of Wine Label Design.” Australian and New Zealand Grapegrower and Winemaker 654 (2018): 84-85. The Silver Voice. “The Greatest Propaganda Coup in Fenian History.” A Silver Voice From Ireland 2017. 15 Dec. 2020 <https://thesilvervoice.wordpress.com/tag/james-wilson/>. Welch, Michael. “Penal Tourism and the ‘Dream of Order’: Exhibiting Early Penology in Argentina and Australia.” Punishment & Society 14.5 (2012): 584-615. 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Photograph by Gonzalo Echeverria (2010)“Beyond reasonable doubt” is the standard of proof for criminal cases in a court of law. However, what happens when doubt, reasonable or otherwise, is embedded in the media reporting of criminal cases, even before charges have been laid? This paper will analyse newspaper reports of recent rape cases involving Australian footballers, and identify narrative figures that are used to locate blame solely with the alleged victims, protecting the footballers from blame. I uncover several stock female “characters” which evoke doubt in the women’s claims: the Predatory Woman, who hunts down footballers for sex and is always sexually available to any and all footballers; the Woman Scorned, who makes a false rape complaint out of revenge; and the Gold Digger, who makes a false complaint for money. I will argue that the news media thus effectively provide footballers with a criminal defence, before the cases can even reach court. Rape and Football in Australia The issue of football and rape first came to mass public attention in February 2004, when six players from National Rugby League (NRL) team the Canterbury Bulldogs allegedly raped a woman while at a New South Wales resort. Two weeks later, two players from the St Kilda Australian Football League (AFL) team allegedly raped a woman following their pre-season cup victory. These two football codes are the nation’s most popular, with rugby league dominating the north-eastern states, with the southern, eastern and western the domain of Australian Rules. In neither case were charges laid, and although at least twenty distinct cases have been reported in the Australian media, involving more than fifty-six footballers and officials, only one–NRL star Brett Stewart–has yet been tried. Stewart was acquitted in September 2010. Former AFL footballer Andrew Lovett has also been ordered to stand trial in July 2011 for allegedly raping a woman on Christmas Eve, 2009. Nevertheless, the majority of cases never reach court. In criminal cases, the Director of Public Prosecutions (DPP) ultimately decides whether to pursue charges through the courts, and, as most cases will be decided by a jury drawn from the general public, the DPP must decide whether the general public would accept the prosecution’s evidence as proof of guilt “beyond reasonable doubt.” This means that if a jury retains any doubt that the accused person is guilty, as long as that doubt is reasonable, they must return a verdict of “not guilty.” Public opinion in high-profile cases is therefore extremely important. If the DPP perceives a high level of public scepticism about a particular case, this indicates that the likelihood of the general public accepting the prosecution’s evidence is low, and they will often decide not to pursue the case. My analysis will show that media reports of the cases, which were published before any decision about laying criminal charges was made, can in fact work to create doubt, taking popular, victim-blaming stories to cast doubt on the complainants’ testimonies. Thus “reasonable doubt,” or a doubt that seems reasonable to many or most readers, is created before the case can even reach court. Predatory Women, Gold Diggers and Women Scorned When debate began in 2004 and explanations were sought for the high numbers of cases, stories abounded in which women have consensual sex with footballers, and then make a false rape complaint. I identify the principal characters of these stories as the Predatory Woman, Gold Digger and Woman Scorned. These stories were particularly prevalent amongst football representatives, blog contributors and talkback radio callers. Some media commentators provided alternative explanations (Magnay, for example), and others were explicitly critical of such stories (Pinkney, Wilson, for example); however, other journalists in fact evoked these same stereotypes. All of these characters have “common currency” (Smart 39), and have been used by defence lawyers in criminal trials for centuries, which means they are likely to be believed. These commentators therefore (indirectly) portray the complainants as liars, and reinforce the pervasive victim-blaming discourses in the wider public. The Predatory Woman The Predatory Woman character can be traced back at least as far as the early nineteenth century, when so-called “fallen” women were frequently “scorned as predatory creatures who lured young men into sin” (Clark 59). In her study of newspaper articles on football and sexual assault, gender theorist Kim Toffoletti identified the “predatory female” as a recurrent figure who is used to portray footballers as victims of “deviant” female sexuality (432-3). Toffoletti argues that the assumption underlying the use of the predatory female is that “incidents of sexual assault can occur when women deviate from the ‘conventions’ of heterosexual relations that expect them to be passive and sexually available, and men to exude sexual virility” (433). However, I argue that commentators’ usage often carries this further, and rather than using the story to claim that a victim of rape “deserved” it, the Predatory Woman actually serves as a replacement for the Raped Woman, therefore implicitly claiming that the complainant was lying. The Predatory Woman is the aggressor in all sexual encounters with footballers, a “sexual predator” (McCabe 31) who is said to “target” players and “hunt in packs” (Lyon 1). In a 2004 interview, one footballer described the phenomenon as “frightening” (McCabe 31), and another in 2009 claimed that footballers are “given temptations,” and “some of them [women] are downright predators” (Cunningham 30). The hunting animal metaphor clearly represents women as sexual aggressors, virtually suggesting that they are committing violent acts–moving in on unsuspecting footballers for the “kill” (sex). Thus portraying a complainant as one who seeks out sex with footballers implies that she victimised the players. As a woman cannot be both sexual aggressor and rape victim, the character of the Predatory Woman replaces that of the Raped Woman, therefore invalidating a complainant’s testimony and creating doubt. The Woman Scorned The Woman Scorned, another popular character in footballer sexual assault narratives, has also been evoked by the defence in criminal rape trials for centuries (Sanday; Benedict 2, 39-40, 83; Larcombe 100, 104-106, 111; Lees 78). The prevalence of footballers’ beliefs in the Woman Scorned story when NRL player Simon Williams commented about the prevalence of group sex/rape incidents involving NRL players on the 2009 Four Corners “Code of Silence” episode: It’s not during the act, it’s the way you treat them after it. Most of them could have been avoided, if they [players] had put them [women] in a cab and said thanks or that sort of thing not just kicked her out and called her a dirty whatever. It’s how you treat them afterwards that can cover a lot of that stuff up. Williams’ implicit claim here is that no woman would make a rape complaint as long as footballers always “said thanks” after sex. He thus implies that “most” of the complaints have been about revenge from women who felt mistreated after consensual sex: Women Scorned. The Gold Digger The Gold Digger is also an established character in both football rape stories and criminal rape trials; Peggy Sanday identifies her in cases dating from the eighteenth century. In rape cases, the Gold Digger can be evoked when a prominent and/or wealthy man–such as a noble in the eighteenth century, or a footballer in the present context–is accused of rape, whether or not the alleged victim seeks or receives a financial settlement. Many football fans evoked the Gold Digger on Internet blog sites, even when there were no observable characteristics corresponding to the Gold Digger in any of the media narratives. One declared: “My mum said she was probably being a slut, then after they ‘did’ her, she decided 2 say summin coz she thought she could get money or summin out of it [sic]” (in Baird 41). The Gold Digger stereotype invalidates a rape complaint, as a woman who alleges rape for financial gain must be lying, and was therefore not raped. Her claims are to be doubted. Narrative Immunity From 2009 onward, although traces of these characters remained, the focus of the debate shifted, from the possibility of sexual assault to players’ alcohol intake and the prevalence of “group sex.” Nina Philadelphoff-Puren identifies implicit claims that the complainants were lying in the statements of football representatives (37, 41-43), which imply that they must be Predatory Women, Women Scorned or Gold Diggers. In order to show clearly how journalists mobilised these characters more directly to evoke doubt, I conducted a search of the “Newsbank” newspaper database, for opinion pieces that sought to explain why the allegations were made, using varying combinations of the search terms “AFL,” “NRL,” “football,” “sexual assault,” “rape,” “rugby,” “sexual violence,” “sex” and “women.” Articles were sought in broadsheet newspapers The Age (Melbourne) and The Sydney Morning Herald, and tabloids The Herald Sun (Melbourne) and Daily Telegraph (Sydney), the most widely read newspapers in the cities where the alleged incidents occurred. The time-frame selected was 27 February 2004 to 1 May 2004, which covered the period from when the Canterbury Bulldogs case was first reported, until debate died down after the announcement that no charges would be laid against St Kilda footballers Steven Milne and Leigh Montagna. Twenty articles were collected for analysis: two from the Daily Telegraph, eight from the Herald Sun, seven from the Age, and three from the Sydney Morning Herald. Of these, half (ten) overtly blamed the alleged victims, with seven of those explicitly evoking Predatory Woman, Woman Scorned and/or Gold Digger stereotypes, and one strongly implying them. Although it might be expected that tabloid newspapers would be much more likely to (re-)produce popular stereotypes than broadsheets, the same numbers were found in each type of newspaper. The “common currency” (Smart 39) these stories have means that they are more likely to be considered credible than other stories. Their use by respected media commentators–particularly broadsheet journalists, whose publications lay claim to an educated readership and more progressive attitudes–is of even greater significance. In this paper, I will analyse three broadsheet articles in detail, in order to illustrate the various strategies used to evoke the stereotyped characters for an educated readership. The articles selected are by writers from very different backgrounds–a former footballer, a feminist and a “life-skills” coach to AFL footballers–and although it might seem that they would provide markedly different perspectives on the issue, I will show that all three evoke stereotypes that cast doubt on the complainants’ claims. The Story of the “Insider” Former AFL footballer Tim Watson’s “AFL Players and the Trouble Zone” was published shortly after the allegations against the St Kilda AFL players were made public in 2004. The article features a number of Predatory Women, who make “victims” of footballers; however, while Watson does not provide direct narrative accounts of the alleged rapes, he instead recounts narratives of other interactions between footballers and women. Predatory Women therefore come to replace Raped Women as characters and invalidate the alleged victims’ claims; as Watson represents these women as the sole agents, full responsibility for these incidents is attributed to women. The bulk of Watson’s article relates two stories unconnected with any (known) sexual assault cases, about AFL teams travelling to the country for training and being harassed by women. Placing the narratives immediately after warnings about “trouble zones,” when the article is clearly responding to the sexual assault allegations, suggests that his narratives explain what “potential trouble” and “trouble zones” are. He therefore implies that his narratives illustrate what “really” happened with the St Kilda (and Canterbury) players. The only instances where players are given grammatical agency in this narrative is when they “mingled with the locals” and “left the function as a group”; all the narrative action is attributed to women. Mingling has no sexual connotation, and “the locals” is a gender neutral term, implying that the players’ only action at the function was to interact with men and women in a non-sexual way. The characters of “a couple of girls” are introduced, and according to Watson these “girls” made it clear to everyone that they were keen to attract the attention of a couple of the players. One girl was so convinced of her intentions that she sidled up to the coach to explain to him what she planned to do later in the night to one of his players. The team left the function as a group and went back to the hotel without the adoring fans. In order to portray the women more clearly as the sole sexual aggressors–Predatory Women–Watson leaves out any events where players actively participate, events which are highly likely to have occurred. For example, in Watson’s narrative there is no two-way flirtation, and the players do not seek out, encourage or even respond in any (positive) way to the female attention they receive, although anecdotal evidence suggests this is extremely unlikely to have happened (Mewett and Toffoletti 170, 172-73). The women are only grammatical agents with intentions–their agency relates to what they plan to do–however, emphasising the fact that the team left as a group suggests that it was only this defensive action which prevented the women from carrying out their intentions and instigating sexual activity. Using “sidled” rather than “went” or “approached” characterises the woman as sly and manipulative, casting her in a negative light and adding to the sense that she was solely responsible. The second story is described as “almost identical” to the first, but Watson takes even greater pains to emphasise the players’ passivity, again portraying them as victims of Predatory Women. Watson attaches only the passive voice to the players: he says that they were “woken in their hotel rooms” and “subject to determined, but unwanted, advances.” The women are entirely absent from these statements. They appear only as shadows presumed responsible for waking the players and making the unwanted advances. This erasure of the female agent only emphasises the players’ passivity in the face of female seduction and general resistance to overwhelming female sexual aggression. As in the first story, the only action attributed to a footballer is defensive: a senior player convincing the women to leave. This reinforces the idea that male footballers are the victims when it comes to casual sexual relations, and casts doubt on any claims of rape. The Story of the “Insider-Outsider” The second article, “When an Elite Footballer Has Sex with a Girl…,” is by “life skills” coach to AFL players Damien Foster, who calls himself “a classic insider-outsider” to football (SBS). As a partial outsider, Foster would therefore presumably have less vested interest in protecting footballers than Watson; however, his narrative also denies the complaints’ credibility, clearly evoking a victim-blaming character: the Woman Scorned. Foster obliquely claims that the St Kilda and Canterbury cases arose simply because women and men view sex differently and therefore “a footballer may land himself in trouble because it just doesn’t occur to him to develop tactful, diplomatic methods of saying goodbye”. He continues, “When the girl [sic] realises the total indifference with which she is being treated after intimacy, bitterness sets in and it lingers. There are many girls in Australia now in this situation.” While Foster does not directly say that the “girls” who made rape complaints against the Bulldogs and St Kilda are Women Scorned, the fact that this story is used to explain why the allegations were made says it for him. According to Foster’s logic, if footballers learnt to say “thanks, love, that was great” after sex, then no rape complaints would ever be made. A “Feminist” Story? Controversial feminist Germaine Greer would seem even more likely to avoid victim-blame than men involved with football clubs, and she does not follow Watson’s portrayal of utterly passive, squeaky-clean footballers, or Foster’s narrative of undiplomatic players. In “Ugly Sex Has Just Got a Lot Louder,” she does acknowledge that some harm may have been done; however, Greer nevertheless portrays the complainants as Predatory Women, Women Scorned and Gold Diggers. Greer elects to tell a “history” of male footballer-female interactions, establishing male athletes’ disrespect for and mistreatment of women as a given. However, she goes on to evoke the Predatory Woman, portraying her as utterly desperate and willing to go to any lengths to have contact with players. Greer laments, good family men have been known to succumb to the groupies’ onslaught, believing that as long as they don’t kiss these desperate creatures, as long as they make no move that could be interpreted as a sign of affection, they haven’t been genuinely unfaithful to their wives and sweethearts. Indeed, the more brutal the treatment of the women they have casual sex with, the less they have to reproach themselves for. Pack rape in such circumstances can come to seem guiltless, a condign punishment for being a stupid slag, even. This explanation of footballers’ behaviour contains several grammatical patterns which represent the players as passive and not responsible for anything that takes place. In the first sentence, the only things these footballers actually do are succumbing and believing, both passive verbs; the rest of the sentence is devoted to what they do not do: “as long as they don’t kiss… as long as they make no move.” Thus it would seem that the players do not actively participate in the sexual activity instigated by these women, that they simply lie back and allow the women to do as they will. That the women are labelled “desperate creatures” who launch an “onslaught” to which footballers “succumb” confirms their sexual aggression. Although the second and third sentences depict violence and rape, these actions are not directly attributed to the players. The brutal treatment of the women the players have casual sex with has no grammatical agent–“the more brutal the treatment of the women they have casual sex with”–dissociating them from the brutality and subtly implying that “someone else” is responsible for it. Similarly, “pack rape” has no agent: no player commits or is involved in it, and it appears to happen independently of them. As Susan Ehrlich demonstrates, this denial of agency is a common tactic for accused rapists to use, in order to deny that they were responsible for their actions (36-61). Thus Greer uses the same grammatical patterns which deflect blame away from footballers, even when the behaviour involved is violent rape. This continual emphasis on the players’ passivity reinforces the portrayal of the women as sexually aggressive Predatory Women. Greer also introduces the figures of the Woman Scorned and Gold Digger. She claims that the only difference between the “old days” and the present scenarios is that now women are “not embarrassed to say that they agreed to sex with one man they’d only just met, or even with two, but they hadn’t agreed to being brutalised, insulted or humiliated, and they want redress.” This paragraph appears almost directly after the one where Greer mentions pack rape and violence, and it may seem therefore that the redress these women seek is for rape. However, since Greer claims that at least some of the women who “want redress” want it because they have been “insulted or humiliated,” rather than raped, this evokes the Woman Scorned. Greer continues by introducing the Gold Digger as a further (and complementary) explanation for these insulted and humiliated women to seek “redress.” Greer writes that women now “also seem quite interested in another factor in sex with footballers – namely, indecent amounts of money.” With this statement, she implies that some women have sex with footballers just so that they can make a rape complaint afterwards and obtain a large payment. She concedes that the women who make allegations against footballers may have been “abused,” but she trivialises them by claiming that they “scream and holler,” portraying them as hysterical. She thus discredits them and casts doubt on their claims. Greer ignores the fact that only one woman has either sought or obtained a financial settlement from footballers for a case of rape, and this woman only applied for it after charges against the players responsible were dropped. Whilst this argument is clearly unfounded, the strength of the Gold Digger story, along with the Woman Scorned and Predatory Woman, is likely to give the impression that the rape complaints made against the footballers were unfounded. Conclusion: The Benefit of the Doubt The fact that a significant number of media commentators employed tactics similar to those defence lawyers use in rape trials suggests that a de facto “trial” took place; one in which stories that discredit the complainants were prominent. These stories were enough to evoke “(un)reasonable doubt” in the women’s claims, and the accused footballers were therefore “acquitted.” That doubt can be evoked so easily in such high-profile cases is particularly problematic as rape cases in general are those least likely to be believed (Jordan 64-83). Further, many victims state that the fear of disbelief is one of the most important factors in deciding not to pursue criminal charges (Warshaw 50). Even if one leaves aside the likelihood that the prevalence of doubt in the media and the “blogosphere” contributed to the DPP’s decision not to pursue charges, the media “acquittal” is likely to have two further effects: it may deter future complainants from coming forward, if they assume that their claims will similarly be doubted; and it contributes to more generalised beliefs that women habitually lie about rape, particularly those who accuse footballers. While of course any accused person must be held innocent until proven guilty, it is equally important to give an alleged victim the benefit of the doubt, and not presume that all rape complainants are liars unless proven otherwise. References “Code of Silence.” Four Corners. ABC, 11 May. 2009. Television. Baird, Julia. “All Together, Boys, for a Weekend Roast.” Sydney Morning Herald 28 February. 2004: 41. Benedict, Jeff. Athletes and Acquaintance Rape. Thousand Oaks: SAGE Publications, 1998. Clark, Anna. Women’s Silence, Men’s Violence: Sexual Assault in England 1770-1845. New York: Pandora Press, 1987. Cunningham, Ryan. “A Footballer’s Life: Confusion, Temptation and Guilt by Association.” Sydney Morning Herald 19 Jun. 2009: 30. Ehrlich, Susan. Representing Rape: Language and Sexual Consent. London: Routledge, 2001. Foster, Damien. “When an Elite Footballer Has Sex with a Girl...” Age 23 Mar. 2004: 13. “Foul Play.” Insight. SBS, 16 Apr. 2004. Television. Greer, Germaine. “Ugly Sex Has Just Got a Lot Louder.” Age 23 Mar. 2004: 1, 17. Jordan, Jan. The Word of a Woman?: Police, Rape and Belief. Hampshire: Palgrave Macmillan, 2004. Larcombe, Wendy. Compelling Engagements: Feminism, Rape Law and Romance Fiction. Sydney: Federation Press, 2005. Lees, Sue. Ruling Passions. Buckingham: Open UP, 1997. Lyon, Karen. “They Love Their Footy, But Can They Keep the Faith?” Age 20 Mar. 2004: 1. Magnay, Jacquelin. “What Dogs Do.” Sydney Morning Herald 28 Feb. 2004: 31 McCabe, Helen. “Perilous Games of Sport and Sex.” Daily Telegraph 1 May. 2004: 31. Mewett, Peter, and Kim Toffoletti. “Rogue Men and Predatory Women: Female Fans’ Perceptions of Australian Footballers’ Sexual Conduct.” International Review for the Sociology of Sport 43.2 (2008): 165-80. Pinkney, Matthew. “Don’t Make Their Excuses.” Herald Sun 22 March. 2004: 18. Philadelphoff-Puren, Nina. “Dereliction: Women, Rape and Football.” Australian Feminist Law Journal 17. (2004): 35-51. Sanday, Peggy Reeves. A Woman Scorned: Acquaintance Rape on Trial. Berkeley: U of California P, 1996. Smart, Carol. Feminism and the Power of Law. London: Routledge, 1989. Toffoletti, Kim. “How Is Gender-Based Violence Covered in the Sporting News? An Account of the Australian Football League Sex Scandal.” Women’s Studies International Forum 30 (2007): 427-38. Warshaw, Robin. I Never Called It Rape: The Ms. Report on Recognizing, Fighting, and Surviving Date and Acquaintance Rape. New York: HarperPerennial, 1994. Watson, Tim. “AFL Players and the Trouble Zone.” Age 18 Mar. 2004: 16. Wilson, Caroline. “All the Dirty Linen Must — and Will — Be Aired.” Age, 21 Mar. 2004: 4.

IntroductionIn 1802 George Howe (1769-1821), the recently appointed Government Printer, published Australia’s first book. The following year he established Australia’s first newspaper; an enterprise that ran counter to all the environmental factors of the day, including: 1) issues of logistics and a lack of appropriate equipment and basic materials to produce a regularly issued newspaper; 2) issues resulting from the very close supervision of production and the routine censorship by the Governor; and 3) issues associated with the colony’s primary purposes as a military outpost and as a penal settlement, creating conflicts between very different readerships. The Sydney Gazette was, critically for Howe, the only newspaper in the infant city for over two decades. Alternative voices would not enter the field of printed media until the 1820s and 1830s. This article briefly explores the birth of an Australian industry and looks at how a very modest newspaper overcame a range of serious challenges to ignite imaginations and lay a foundation for media empires.Government Printer The first book published in Australia was the New South Wales General Standing Orders and General Orders (1802), authorised by Governor Philip Gidley King for the purposes of providing a convenient, single-volume compilation of all Government Orders, issued in New South Wales, between 1791 and 1802. (As the Australian character has been described as “egalitarian, anti-authoritarian and irreverent” [D. Jones 690], it is fascinating that the nation’s first published book was a set of rules.) Prescribing law, order and regulation for the colony the index reveals the desires of those charged with the colony’s care and development, to contain various types of activities. The rules for convicts were, predictably, many. There were also multiple orders surrounding administration, animal husbandry as well as food stuffs and other stores. Some of the most striking headings in the index relate to crime. For example, in addition to headings pertaining to courts there are also headings for a broad range of offences from: “BAD Characters” to “OFFENSIVE Weapons – Again[s]t concealing” (i-xii). The young colony, still in its teenage years, was, for the short-term, very much working on survival and for the long-term developing ambitious plans for expansion and trade. It was clear though, through this volume, that there was no forgetting the colony of New South Wales was first, and foremost, a penal settlement which also served as a military outpost. Clear, too, was the fact that not all of those who were shipped out to the new colony were prepared to abandon their criminal careers which “did not necessarily stop with transportation” (Foyster 10). Containment and recidivism were matters of constant concern for the colony’s authorities. Colonial priorities could be seen in the fact that, when “Governor Arthur Phillip brought the first convicts (548 males and 188 females) to Port Jackson on 26 January 1788, he also brought a small press for printing orders, rules, and regulations” (Goff 103). The device lay dormant on arrival, a result of more immediate concerns to feed and house all those who made up the First Fleet. It would be several years before the press was pushed into sporadic service by the convict George Hughes for printing miscellaneous items including broadsides and playbills as well as for Government Orders (“Hughes, George” online). It was another convict (another man named George), convicted at the Warwick Assizes on March 1799 (Ferguson vi) then imprisoned and ultimately transported for shoplifting (Robb 15), who would transform the small hand press into an industry. Once under the hand of George Howe, who had served as a printer with several London newspapers including The Times (Sydney Gazette, “Never” 2) – the printing press was put to much more regular use. In these very humble circumstances, Australia’s great media tradition was born. Howe, as the Government Printer, transformed the press from a device dedicated to ephemera as well as various administrative matters into a crucial piece of equipment that produced the new colony’s first newspaper. Logistical Challenges Governor King, in the year following the appearance of the Standing Orders, authorised the publishing of Australia’s first newspaper, The Sydney Gazette and New South Wales Advertiser. The publication history of The Sydney Gazette, in a reflection of some of the challenges faced by the printer, is erratic. First published on a Saturday from 5 March 1803, it quickly changed to a Sunday paper from 10 April 1803. Interestingly, Sunday “was not an approved day for the publication of newspapers, and although some English publishers had been doing so since about 1789, Sunday papers were generally frowned upon” (Robb 58). Yet, as argued by Howe a Sunday print run allowed for the inclusion of “the whole of the Ship News, and other Incidental Matter, for the preceeding week” (Sydney Gazette, “To the Public” 1).The Sydney Gazette and New South Wales Advertiser Vol. 1, No. 1, 5 March 1803 (Front Page)Call Number DL F8/50, Digital ID a345001, State Library of New South WalesPublished weekly until 1825, then bi-weekly until 1827 before coming out tri-weekly until 20 October 1842 (Holden 14) there were some notable pauses in production. These included one in 1807 (Issue 214, 19 April-Issue 215, 7 June) and one in 1808-1809 (Issue 227, 30 August-Issue 228, 15 May) due to a lack of paper, with the latter pause coinciding with the Rum Rebellion and the end of William Bligh’s term as Governor of New South Wales (see: Karskens 186-88; Mundle 323-37). There was, too, a brief attempt at publishing as a daily from 1 January 1827 which lasted only until 10 February of that year when the title began to appear tri-weekly (Kirkpatrick online; Holden 14). There would be other pauses, including one of two weeks, shortly before the final issue was produced on 20 October 1842. There were many problems that beset The Sydney Gazette with paper shortages being especially challenging. Howe regularly advertised for: “any quantity” of Spanish paper (e.g.: Sydney Gazette, “Wanted to Purchase” 4) and needing to be satisfied “with a variety of size and colour” (P.M. Jones 39). In addition, the procurement of ink was so difficult in the colony, that Howe often resorted to making his own out of “charcoal, gum and shark oil” (P.M. Jones 39).The work itself was physically demanding and papers printed during this period, by hand, required a great deal of effort with approximately “250 sheets per hour … [the maximum] produced by a printer and his assistant” (Robb 8). The printing press itself was inadequate and the subject of occasional repairs (Sydney Gazette, “We Have” 2). Type was also a difficulty. As Gwenda Robb explains, traditionally six sets of an alphabet were supplied to a printer with extras for ‘a’, ‘e’, ‘r’ and ‘t’ as well as ‘s’. Without ample type Howe was required to improvise as can be seen in using a double ‘v’ to create a ‘w’ and an inverted ‘V’ to represent a capital ‘A’ (50, 106). These quirky work arounds, combined with the use of the long-form ‘s’ (‘∫’) for almost a full decade, can make The Sydney Gazette a difficult publication for modern readers to consume. Howe also “carried the financial burden” of the paper, dependent, as were London papers of the late eighteenth century, on advertising (Robb 68, 8). Howe also relied upon subscriptions for survival, with the collection of payments often difficult as seen in some subscribers being two years, or more, in arrears (e.g.: Sydney Gazette, “Sydney Gazette” 1; Ferguson viii; P.M. Jones 38). Governor Lachlan Macquarie granted Howe an annual salary, in 1811, of £60 (Byrnes 557-559) offering some relief, and stability, for the beleaguered printer.Gubernatorial Supervision Governor King wrote to Lord Hobart (then Secretary of State for War and the Colonies), on 9 May 1803: it being desirable that the settlers and inhabitants at large should be benefitted by useful information being dispersed among them, I considered that a weekly publication would greatly facilitate that design, for which purpose I gave permission to an ingenious man, who manages the Government printing press, to collect materials weekly, which, being inspected by an officer, is published in the form of a weekly newspaper, copies of which, as far as they have been published, I have the honor to enclose. (85)In the same letter, King wrote: “to the list of wants I have added a new fount of letters which may be procured for eight or ten pounds, sufficient for our purpose, if approved of” (85). King’s motivations were not purely altruistic. The population of the colony was growing in Sydney Cove and in the outlying districts, thus: “there was an increasing administrative need for information to be disseminated in a more accessible form than the printed handbills of government orders” (Robb 49). There was, however, a need for the administration to maintain control and the words “Published By Authority”, appearing on the paper’s masthead, were a constant reminder to the printer that The Sydney Gazette was “under the censorship of the Secretary to the Governor, who examined all proofs” (Ferguson viii). The high level of supervision, worked in concert with the logistical difficulties described above, ensured the newspaper was a source of great strain and stress. All for the meagre reward of “6d per copy” (Ferguson viii). This does not diminish Howe’s achievement in establishing a newspaper, an accomplishment outlined, with some pride, in an address printed on the first page of the first issue:innumerable as the Obstacles were which threatened to oppose our Undertaking, yet we are happy to affirm that they were not insurmountable, however difficult the task before us.The utility of a PAPER in the COLONY, as it must open a source of solid information, will, we hope, be universally felt and acknowledged. (Sydney Gazette, “Address” 1)Howe carefully kept his word and he “wrote nothing like a signature editorial column, nor did he venture his personal opinions, conscious always of the powers of colonial officials” (Robb 72). An approach to reportage he passed to his eldest son and long-term assistant, Robert (1795-1829), who later claimed The Sydney Gazette “reconciled in one sheet the merits of the London Gazette in upholding the Government and the London Times in defending the people” (Walker 10). The censorship imposed on The Sydney Gazette, by the Governor, was lifted in 1824 (P.M. Jones 40), when the Australian was first published without permission: Governor Thomas Brisbane did not intervene in the new enterprise. The appearance of unauthorised competition allowed Robert Howe to lobby for the removal of all censorship restrictions on The Sydney Gazette, though he was careful to cite “greater dispatch and earlier publication, not greater freedom of expression, as the expected benefit” (Walker 6). The sudden freedom was celebrated, and still appreciated many years after it was given:the Freedom of the Press has now been in existence amongst us on the verge of four years. In October 1824, we addressed a letter to the Colonial Government, fervently entreating that those shackles, under which the Press had long laboured, might be removed. Our prayer was attended to, and the Sydney Gazette, feeling itself suddenly introduced to a new state of existence, demonstrated to the Colonists the capabilities that ever must flow from the spontaneous exertions of Constitutional Liberty. (Sydney Gazette, “Freedom” 2)Early Readerships From the outset, George Howe presented a professional publication. The Sydney Gazette was formatted into three columns with the front page displaying a formal masthead featuring a scene of Sydney and the motto “Thus We Hope to Prosper”. Gwenda Robb argues the woodcut, the first produced in the colony, was carved by John W. Lewin who “had plenty of engraving skills” and had “returned to Sydney [from a voyage to Tahiti] in December 1802” (51) while Roger Butler has suggested that “circumstances point to John Austin who arrived in Sydney in 1800” as being the engraver (91). The printed text was as vital as the visual supports and every effort was made to present full accounts of colonial activities. “As well as shipping and court news, there were agricultural reports, religious homilies, literary extracts and even original poetry written by Howe himself” (Blair 450). These items, of course, sitting alongside key Government communications including General Orders and Proclamations.Howe’s language has been referred to as “florid” (Robb 52), “authoritative and yet filled with deference for all authority, pompous in a stiff, affected eighteenth century fashion” (Green 10) and so “some of Howe’s readers found the Sydney Gazette rather dull” (Blair 450). Regardless of any feelings towards authorial style, circulation – without an alternative – steadily increased with the first print run in 1802 being around 100 copies but by “the early 1820s, the newspaper’s production had grown to 300 or 400 copies” (Blair 450).In a reflection of the increasing sophistication of the Sydney-based reader, George Howe, and Robert Howe, would also publish some significant, stand-alone, texts. These included several firsts: the first natural history book printed in the colony, Birds of New South Wales with their Natural History (1813) by John W. Lewin (praised as a text “printed with an elegant and classical simplicity which makes it the highest typographical achievement of George Howe” [Wantrup 278]); the first collection of poetry published in the colony First Fruits of Australian Poetry (1819) by Barron Field; the first collection of poetry written by a Australian-born author, Wild Notes from the Lyre of a Native Minstrel (1826) by Charles Tompson; and the first children’s book A Mother’s Offering to Her Children: By a Lady, Long Resident in New South Wales (1841) by Charlotte Barton. The small concern also published mundane items such as almanacs and receipt books for the Bank of New South Wales (Robb 63, 72). All against the backdrop of printing a newspaper.New Voices The Sydney Gazette was Australia’s first newspaper and, critically for Howe, the only newspaper for over two decades. (A second paper appeared in 1810 but the Derwent Star and Van Diemen’s Land Intelligencer, which only managed twelve issues, presented no threat to The Sydney Gazette.) No genuine, local rival entered the field until 1824, when the Australian was founded by barristers William Charles Wentworth and Robert Wardell. The Monitor debuted in 1826, followed the Sydney Herald in 1831 and the Colonist in 1835 (P.M. Jones 38). It was the second title, the Australian, with a policy that asserted articles to be: “Independent, yet consistent – free, yet not licentious – equally unmoved by favours and by fear” (Walker 6), radically changed the newspaper landscape. The new paper made “a strong point of its independence from government control” triggering a period in which colonial newspapers “became enmeshed with local politics” (Blair 451). This new age of opinion reflected how fast the colony was evolving from an antipodean gaol into a complex society. Also, two papers, without censorship restrictions, without registration, stamp duties or advertisement duties meant, as pointed out by R.B. Walker, that “in point of law the Press in the remote gaol of exile was now freer than in the country of origin” (6). An outcome George Howe could not have predicted as he made the long journey, as a convict, to New South Wales. Of the early competitors, the only one that survives is the Sydney Herald (The Sydney Morning Herald from 1842), which – founded by immigrants Alfred Stephens, Frederick Stokes and William McGarvie – claims the title of Australia’s oldest continuously published newspaper (Isaacs and Kirkpatrick 4-5). That such a small population, with so many pressing issues, factions and political machinations, could support a first newspaper, then competitors, is a testament to the high regard, with which newspaper reportage was held. Another intruder would be The Government Gazette. Containing only orders and notices in the style of the London Gazette (McLeay 1), lacking any news items or private advertisements (Walker 19), it was first issued on 7 March 1832 (and continues, in an online format, today). Of course, Government orders and other notices had news value and newspaper proprietors could bid for exclusive rights to produce these notices until a new Government Printer was appointed in 1841 (Walker 20).Conclusion George Howe, an advocate of “reason and common sense” died in 1821 placing The Sydney Gazette in the hands of his son who “fostered religion” (Byrnes 557-559). Robert Howe, served as editor, experiencing firsthand the perils and stresses of publishing, until he drowned in a boating accident in Sydney Harbour, in 1829 leaving the paper to his widow Ann Howe (Blair 450-51). The newspaper would become increasingly political leading to controversy and financial instability; after more changes in ownership and in editorial responsibility, The Sydney Gazette, after almost four decades of delivering the news – as a sole voice and then as one of several alternative voices – ceased publication in 1842. During a life littered with personal tragedy, George Howe laid the foundation stone for Australia’s media empires. His efforts, in extraordinary circumstances and against all environmental indicators, serve as inspiration to newspapers editors, proprietors and readers across the country. He established the Australian press, an institution that has been described asa profession, an art, a craft, a business, a quasi-public, privately owned institution. It is full of grandeurs and faults, sublimities and pettinesses. It is courageous and timid. It is fallible. It is indispensable to the successful on-going of a free people. (Holden 15)George Howe also created an artefact of great beauty. The attributes of The Sydney Gazette are listed, in a perfunctory manner, in most discussions of the newspaper’s history. The size of the paper. The number of columns. The masthead. The changes seen across 4,503 issues. Yet, consistently overlooked, is how, as an object, the newspaper is an exquisite example of the printed word. There is a physicality to the paper that is in sharp contrast to contemporary examples of broadsides, tabloids and online publications. Concurrently fragile and robust: its translucent sheets and mottled print revealing, starkly, the problems with paper and ink; yet it survives, in several collections, over two centuries since the first issue was produced. The elegant layout, the glow of the paper, the subtle crackling sound as the pages are turned. The Sydney Gazette and New South Wales Advertiser is an astonishing example of innovation and perseverance. It provides essential insights into Australia’s colonial era. It is a metonym for making words matter. AcknowledgementsThe author offers her sincere thanks to Geoff Barker, Simon Dwyer and Peter Kirkpatrick for their comments on an early draft of this paper. The author is also grateful to Bridget Griffen-Foley for engaging in many conversations about Australian newspapers. ReferencesBlair, S.J. “Sydney Gazette and New South Wales Advertiser.” A Companion to the Australian Media. Ed. Bridget Griffen-Foley. North Melbourne: Australian Scholarly Publishing, 2014.Butler, Roger. Printed Images in Colonial Australia 1801-1901. Canberra: National Gallery of Australia, 2007.Byrnes, J.V. “Howe, George (1769–1821).” Australian Dictionary of Biography, National Centre of Biography: 1788–1850, A–H. Canberra: Australian National University, 1966. 557-559. Ferguson, J.A. “Introduction.” The Sydney Gazette and New South Wales Advertiser: A Facsimile Reproduction of Volume One, March 5, 1803 to February 26, 1804. Sydney: The Trustees of the Public Library of New South Wales in Association with Angus & Robertson, 1963. v-x. Foyster, Elizabeth. “Introduction: Newspaper Reporting of Crime and Justice.” Continuity and Change 22.1 (2007): 9-12.Goff, Victoria. “Convicts and Clerics: Their Roles in the Infancy of the Press in Sydney, 1803-1840.” Media History 4.2 (1998): 101-120.Green, H.M. “Australia’s First Newspaper.” Sydney Morning Herald, 11 Apr. 1935: 10.Holden, W. Sprague. Australia Goes to Press. Detroit: Wayne State UP, 1961. “Hughes, George (?–?).” Australian Dictionary of Biography, National Centre of Biography: 1788–1850, A–H. Canberra: Australian National University, 1966. 562. Isaacs, Victor, and Rod Kirkpatrick. Two Hundred Years of Sydney Newspapers. Richmond: Rural Press, 2003. Jones, Dorothy. “Humour and Satire (Australia).” Encyclopedia of Post-Colonial Literatures in English. 2nd ed. Eds. Eugene Benson and L.W. Conolly. London: Routledge, 2005. 690-692.Jones, Phyllis Mander. “Australia’s First Newspaper.” Meanjin 12.1 (1953): 35-46. Karskens, Grace. The Colony: A History of Early Sydney. Crows Nest: Allen & Unwin, 2010. King, Philip Gidley. “Letter to Lord Hobart, 9 May 1803.” Historical Records of Australia, Series 1, Governors’ Despatches to and from England, Volume IV, 1803-1804. Ed. Frederick Watson. Sydney: Library Committee of the Commonwealth Parliament, 1915.Kirkpatrick, Rod. Press Timeline: 1802 – 1850. Canberra: National Library of Australia, 2011. 6 Jan. 2017 <https://www.nla.gov.au/content/press-timeline-1802-1850>. McLeay, Alexander. “Government Notice.” The New South Wales Government Gazette 1 (1832): 1. Mundle, R. Bligh: Master Mariner. Sydney: Hachette, 2016.New South Wales General Standing Orders and General Orders: Selected from the General Orders Issued by Former Governors, from the 16th of February, 1791, to the 6th of September, 1800. Also, General Orders Issued by Governor King, from the 28th of September, 1800, to the 30th of September, 1802. Sydney: Government Press, 1802. Robb, Gwenda. George Howe: Australia’s First Publisher. Kew: Australian Scholarly Publishing, 2003.Spalding, D.A. Collecting Australian Books: Notes for Beginners. 1981. Mawson: D.A. Spalding, 1982. The Sydney Gazette and New South Wales Advertiser. “Address.” 5 Mar. 1803: 1.———. “To the Public.” 2 Apr. 1803: 1.———. “Wanted to Purchase.” 26 June 1803: 4.———. “We Have the Satisfaction to Inform Our Readers.” 3 Nov. 1810: 2. ———. “Sydney Gazette.” 25 Dec. 1819: 1. ———. “The Freedom of the Press.” 29 Feb. 1828: 2.———. “Never Did a More Painful Task Devolve upon a Public Writer.” 3 Feb. 1829: 2. Walker, R.B. The Newspaper Press in New South Wales, 1803-1920. Sydney: Sydney UP, 1976.Wantrup, Johnathan. Australian Rare Books: 1788-1900. Sydney: Hordern House, 1987.

On 12 March 2020, Philippine President Rodrigo Duterte announced a lockdown of Manila to stop the spread of COVID-19. The cities, provinces, and islands of the Philippines remained under various levels of community quarantine for the remainder of the year. Under the strictest lockdown measures, known as Enhanced Community Quarantine (ECQ), no one aged below 21 or over 60 years was allowed out, a curfew was implemented between 10pm and 5am, and only one person per household, carrying a quarantine pass, was allowed to go out for essential items (Bainbridge & Vimonsuknopparat; Ratcliffe & Fonbuena). The policing of these measures was strict, with a heavy reliance on police and military to enforce health protocols (Hapal). In early April, Duterte warned that violators of the lockdown who caused trouble could be shot (Reuters). Criticisms concerning the dissemination of information about the pandemic were exacerbated when on 5 May, 2020, Filipinos lost an important source of news and entertainment as the country’s largest media network ABS-CBN was shut down after the government denied the renewal of its broadcast franchise (Gutierrez; “ABS-CBN”; “Independent Broadcaster”). The handling of the pandemic by the Duterte government has been characterised by inaction, scapegoating, and framed as a war on an existential threat (Hapal). This has led to feelings of frustration, anger, and despair that has impacted and been incorporated into the artistic expression of some Filipino creatives (Esguerra, “Reflecting”). As they did in the rest of the world, social media platforms became a vital source of entertainment for many facing these harsh lockdown measures in the Philippines in 2020. Viral forms included the sharing of videos of recipes for whipped Dalgona coffee and ube-pandesal on TikTok, binge-watching KDramas like Crash Landing on You on Netflix, playing Animal Crossing on Nintendo Switch, and watching Thailand’s Boys’ Love genre web series 2Gether: The Series on YouTube. Around the world, many arts and cultural organisations turned to online platforms to continue their events during the COVID-19 pandemic. #RomanceClass, a Filipino community of authors, artists, and actors who consume, produce, and enact mostly self-published English-language romance fiction in the Philippines, also turned to these platforms to hold their community’s live literature events. This article analyses this shift by #RomanceClass. It contends that, due to their nature as an independent, born-digital literary organisation, they were able to adapt swiftly and effectively to online-only events in response to the harshness of the Filipino lockdown, creating new forms of artistic innovation by adopting the aesthetics of Zoom into their creative practice (for example, name tags and gallery camera view). This aesthetic swiftly became familiar to people all over the world in 2020, and adopting digital platforms encodes within it the possibility for a global audience. However, while #RomanceClass are and have been open to a global audience, and their creative innovations during the pandemic have clearly been informed by transcultural online trends, this article argues that their adoption of digital platforms and creative innovations represented a continuation of their existing ethos, producing material explicitly intended for a Filipino audience, and more specifically, their existing community, prioritising community connection over any more expansive marketing efforts (McAlister et al.). The Live Literature of #RomanceClass The term #RomanceClass refers to a biblio-community of authors, readers, artists, and actors, all involved in the production and consumption of English-language romance novels in the Philippines. #RomanceClass began online in 2013 via a free writing class run predominantly on Facebook by author Mina V. Esguerra (for more on this, see McAlister et al.). As the community has developed, in-person events have become a major part of the community’s activities. However, as a born-digital social formation, #RomanceClass has always existed, to some extent, online. Their comfort in digital spaces was key to their ability to pivot swiftly to the circumstances in the Philippines during the lockdowns in 2020. One of the most distinctive practices of #RomanceClass is their live reading events. Prior to 2020, community members would gather in April for April Feels Day, and in October for Feels Fest for events where local actors would read curated passages from community-authored romance novels, and audiences’ verbal and physical responses became part of the performance. The live readings represent a distinctive form of live literature – that is, events where literature is the dominant art form presented or performed (Wiles), a field which encompasses phenomena like storytelling festivals, author readings, and literary festivals (Dane; Harvey; Weber; Wilson). In October 2019, we interviewed several #RomanceClass community members and attended one of these live reading events, Feels Fest, where we observed that the nature of the event very clearly reflected the way the community functions: they are “highly professionalised, but also tightly bound on an affective level, regularly describing [themselves] as a found family” (McAlister et al. 404). Attendance at live readings is capped (50 people, for the event we attended). The events are thus less about audience-building than they are community-sustaining, something which they do by providing community comforts. In particular, this includes kilig, a Filipino term referring to a kind of affective romantic excitement, usually demonstrated by the audience members in reaction to the actors’ readings. While the in-person component is very important to the live reading events, they have always spanned online and offline contexts – the events are usually live-tweeted by participants, and the readings are recorded and posted to YouTube by an official community videographer, with the explicit acknowledgment that if you attended the event, you are more than welcome to relive it as many times as you want. (Readings which contain a high degree of sexual content are not searchable on YouTube so as not to cause any harm to the actors, but the links are made privately available to attendees.) However, the lockdown measures implemented in the Philippines in 2020 meant that only the online context was available to the community – and so, like so many other arts communities around the world, they were forced to adapt. We tend to think of platforms like Zoom as encoded with the potential to allow people into a space who might not have been able to access it before. However, in their transition to an online-only context, #RomanceClass clearly sought to prioritise the community-sustaining practices of their existing events rather than trying in any major way to court new, potentially global, audiences. This prioritisation of community, rather than marketing, provided a space for #RomanceClass authors to engage cathartically with their experiences of lockdown in the Philippines (Esguerra, “Reflecting”). Embracing the Zoom Aesthetic: #RomanceClass in 2020 #RomanceClass’s first online event in 2020 was April Feels Day 2020, which occurred not long after lockdown began in the Philippines. Its production reflects the quick transition to an online-only co-presence space. It featured six books recently published by community authors. For each, the author introduced the book, and then an actor read an excerpt – a different approach to that hitherto taken in live events, where two actors, playing the roles of the romantic protagonists, would perform the readings together. Like the in-person live readings, April Feels Day 2020 was a synchronous event with a digital afterlife. It was streamed via Twitch, and participants could log on to watch and join the real-time conversations occurring in the chat. Those who did not sign up for a Twitch account could still watch the stream and post about the event on Twitter under the hashtag #AprilFeelsDay2020. After the event, videos featuring each book were posted to YouTube, as they had been for previous in-person live reading events, allowing participants to relive the experience if they so desired, and for authors to use as workshopping tools to allow them to hear how their prose and characters’ voices sounded (something which several authors reported doing with recordings of live readings in our interviews with them in 2019). April Feels Day 2020 represented a speedy pivot to working and socialising from home by the #RomanceClass community, something enabled by the existing digital architecture they had built up around their pre-pandemic live reading events, and their willingness to experiment with platforms like Twitch. However, it also represented a learning experience, a place to begin to think about how they might adapt creatively to the circumstances provoked by the global pandemic. They innovated in several ways. For instance, they adopted mukbang – a South Korean internet phenomenon which has become popular worldwide, wherein a host consumes a large amount of food while interacting with their audience in an online audiovisual broadcast – in their Mukbang Nights videos, where a few members of #RomanceClass would eat food and discuss their books (Anjani et al.). Food is a beloved part of both #RomanceClass events and books (“there’s lots of food, always. At some point someone always describes what the characters are eating. No exceptions”, author Carla de Guzman told us when we interviewed her in 2019), and so their adoption of mukbang shows the ways in which their 2020 digital events sought to recreate established forms of communal cohesion in a virtual co-presence space. An even more pointed example of this is their Hello, Ever After web series, which drew on the growing popularity of born-digital web series in Southeast Asia and other virtual performances around the globe. Hello, Ever After was both a natural extension of and significantly differed from #RomanceClass in-person live events. Usually, April Feels Day and October Feels Fest feature actors reading and performing passages from already published community books. By contrast, Hello, Ever After featured original short scripts written by community authors. These scripts took established characters from these authors’ novels and served as epilogues, where viewers could see how these characters and their romances fared during the pandemic. Like in-person live reading events – and unlike the digital April Feels Day 2020 – it featured two actors playing virtually side-by-side, reinforcing that one of the key pleasures derived from the reading events is the kilig produced through the interaction between the actors playing against each other (something we also observed in our 2019 fieldwork: the community has developed hashtags to refer specifically to the live reading performance interactions of some of their actors, such as #gahoates, in reference to actors Gio Gahol and Rachel Coates). The scenes are purposefully written as video chats, which allows not only for the fact that the actors were unable to physically interact with each other because of the lockdowns, but also tapped into the Zoom communication aesthetic that commandeered many people’s personal and professional communications during COVID-19 restrictions. Although the web series used a different video conferencing technology, community member Tania Arpa, who directed the web series episodes, adapted the nameplate feature that displayed the characters’ names to more closely align with the Zoom format, demonstrating #RomanceClass’s close attentiveness to developments in the global media environment. Zoom and other virtual co-presence platforms became essentially universal in 2020. One of their affordances was that people could virtually attend events from anywhere in the world, which encodes in it the possibility of reaching a broader, more global audience base. However, #RomanceClass maintained their high sensitivity to the local Filipino context through Hello, Ever After. By setting episodes during the Philippines’ lockdown, emphasised by the video chat mise en scène, Hello, Ever After captures the nuances of the sociopolitical and sometimes mundane aspects of the local pandemic response. Moreover, the series features characters known to and beloved by the community, as the episodes function as epilogues to #RomanceClass books, taking place in what An Goris calls the “post-HEA” [happily ever after] space. #RomanceClass books are available digitally – and have a readership – outside the Philippines, and so the Hello, Ever After web series is theoretically a text that can be enjoyed by many. However, the community was not necessarily seeking to broaden their audience base through Hello, Ever After; it was community-sustaining, rather than community-expanding. It built on the extant repository of community knowledge and affect by using characters that #RomanceClass members know intimately and have emotional connections to, who are not as familiar and legible to those outside the community, intended for an audience with a level of genre knowledge (McAlister et al.; Fletcher et al.). While the pandemic experience these characters were going through was global, as the almost universal familiarity with the Zoom aesthetic shows, Hello, Ever After was highly attentive to the local context. Almost all the episodes featured “Easter eggs” and dialogues that pointed to local situations that only members of the targeted Filipino audience would understand and be familiar with, echoing the pandemic challenges of the country’s present reality. Episodes featured recurrent themes like dissatisfaction with the government’s slow response and misaligned priorities, anger towards politicians exacerbating the impact of the pandemic with poor health and transportation policies, and recognition of voluntary service and aid rendered by private individuals. For example, the first episode, Make Good Days, an epilogue to Mina V. Esguerra’s novel What Kind of Day, focusses on the challenges “essential worker” hero Ben (played by Raphael Robes) faces as a local politician’s speechwriter, who has been tasked to draft a memorial speech for his boss to deliver in honour of an acquaintance who has succumbed to COVID-19. He has developed a “3:00 habit” of a Zoom call with his partner Naya (Rachel Coates), mirroring the “3:00 habit” or “3:00 Prayer to the Divine Mercy” many Catholic Filipino devotees pray and recite daily at that specific hour, a habit reinforced through schools, churches, and media, where entertainment shows allow time for the prayer to be televised. Ben and Naya’s conversation in this particular 3:00 call dwells on what they think Filipino citizens deserve, especially from local government officials who repeatedly fail them (Baizas; Torres). They also discuss the impact that the pandemic has had on Naya’s work life. She runs a tourism and travel business – which is the way that the two characters met in What Kind of Day – which she has been forced to close because of the pandemic. Naya grieves not just for the dream job she has had to give up, but also sympathises with the enormous number of Filipinos who suddenly became unemployed because of the economy closing down (Tirona). Hello, Ever After draws together the political realities of living in the Philippines during the pandemic with the personal, by showing the effects of these realities on characters like Ben and Naya, who are well-known to the #RomanceClass community. #RomanceClass books encompass a wide variety of protagonists, and so the episodes of Hello, Ever After were able to explore how the lives of health workers, actors, single parents, students, scientists, office workers, development workers, CEOs and more could be impacted by the pandemic and the lockdowns in the Philippines. They also allowed the authors to express some of their personal frustrations with living through quarantine, something they admit fueled some parts of the scripts (“Behind the Scenes: Hello, Ever After”). #RomanceClass novels like What Kind of Day all end happily, with the romantic protagonists together (in contrast to a lot of other Filipino media, which ends unhappily – for more on this, see McAlister et al.). Make Good Days and the other episodes of Hello, Ever After reflect the grim realities of pandemic life in the Philippines; however, they do not undercut this happy ending, and instead seek to reinforce it. Through Hello, Ever After, the community literally seeks to “make good days” for themselves by creating opportunities to access the familiar comfort and warmth of kilig scenes. Kilig refers to a kind of affective romantic emotion that usually has a physical manifestation (Trinidad, “Shipping”; “Kilig”). It does not have an equivalent word or phrase in English, but can be used as a noun to denote a thrilling state of excitement or as an adjective to describe moments or scenes that evoke this feeling. Creating and becoming immersed in kilig is central to #RomanceClass texts and events: authors attempt to produce kilig through their writing, and actors attempt to provoke it during live reading performances (something which, as mentioned above, was probably made more difficult in the one-actor live readings of the fully online Aprils Feels Day 2020, as much of the kilig is generated by the interactions between the actors). Kilig scenes are plentiful in Hello, Ever After. For instance, in Make Good Days, Naya asks Ben to name a thing he hated before the pandemic that he now misses. He replies that he misses being stuck in traffic with her – that he still hates traffic, but he misses spending that time with her. Escapism was a high priority for many people and communities creating art during the 2020 lockdowns. Given this, it is interesting that #RomanceClass chose to create kilig in their web series by leaning into the temporal moment and creating material specifically revolving around the lockdown in the Philippines, showing couples like Ben and Naya supporting each other and sharing their pandemic-caused burdens. Hello, Ever After both reflected the harsh reality in which the community found themselves but also gave them something to cling to in the hardest days of lockdown, showing that kilig could be found even in the toughest of circumstances when both characters and community members found themselves separated. Conclusion As a community which began in a digital space, #RomanceClass was well-positioned to pivot to an online-only environment during the pandemic, even though in-person events had become such a distinctive part of their community outputs. They experimented and innovated significantly in 2020, producing a range of digital outputs, including the Hello, Ever After web series. On the surface, this does not seem especially unusual: many arts organisations innovated digitally during the pandemic. What was particularly notable about #RomanceClass’s digital outputs, however, was that they were not designed to be marketing tools. They were not actively courting a new audience; rather, outputs like Hello, Ever After were designed to be community-sustaining, providing the existing audience comfort, familiarity, and kilig in a situation (local and global) that was not in any way comfortable or familiar. We Will Be Okay is the title of the second Hello, Ever After video, an epilogue to Celestine Trinidad’s Ghost of a Feeling: a neat summary of the message the episodes offered to the #RomanceClass audience through these revisitings of beloved characters and relationships. As we have discussed elsewhere, #RomanceClass is a professionalised community, but their affective ties are very strong (McAlister et al.). Their digital outputs during the pandemic showed this, and demonstrated again the way their community bonds are reinforced through their repeated re-engagement with their texts, just as their pre-pandemic forms of live literature did. There was kilig to be found in revisiting well-known couples, even in depressing circumstances. As the community engage together with these new epilogues and share their affective reactions, their social ties are reinforced – even when they are forced to be separated. References “ABS-CBN: Philippines’ Biggest Broadcaster Forced Off Air.” BBC, 5 May 2020. 22 Mar. 2021 <http://www.bbc.com/news/world-asia-52548703>. Anjani, Laurensia, et al. “Why Do People Watch Others Eat Food? An Empirical Study on the Motivations and Practices of Mukbang Viewers.” Proceedings of the 2020 CHI Conference on Human Factors in Computing Systems. April 2020. DOI: 10.1145/3313831.3376567. Bainbridge, Amy, and Supattra Vimonsuknopparat. “This Is What Life Is Like in the Philippines amid One of the World’s Toughest Coronavirus Lockdowns.” ABC News, 29 Apr. 2020. 22 Mar. 2021 <http://www.abc.net.au/news/2020-04-29/philippines-social-volcano-threatening-to-erupt-amid-covid-19/12193188>. Baizas, Gaby. “‘Law Is Law Unless Friends Kayo’: Netizens Slam Gov’t Double Standards.” Rappler, 13 May 2020. 22 Mar. 2021 <http://www.rappler.com/nation/netizens-reaction-law-is-law-double-standards-government-ecq-guidelines>. “Behind the Scenes: Hello, Ever After.” Facilitated by Mina V. Esguerra. RomanceClass, 7 Aug. 2020. 22 Mar. 2021 <http://www.youtube.com/watch?v=3-9FuCSX08M>. Dane, Alexandra. “Cultural Capital as Performance: Tote Bags and Contemporary Literary Festivals.” Mémoires du Livre 11.2 (2020). <http://www.erudit.org/fr/revues/memoires/2020-v11-n2-memoires05373/1070270ar.pdf>. Esguerra, Mina V. What Kind of Day. Self-published, 2018. ———. “Reflecting on Hello, Ever After.” Mina V. Esguerra, 23 April 2021. 17 May 2021 <http://minavesguerra.com/news/reflecting-on-hello-ever-after/>. Fletcher, Lisa, Beth Driscoll, and Kim Wilkins. “Genre Worlds and Popular Fiction: The Case of Twenty-First Century Australian Romance.” Journal of Popular Culture 51.4 (2018): 997-1015. Goris, An. “Happily Ever After… and After: Serialisation and the Popular Romance Novel.” Americana: The Journal of American Popular Culture 12.1 (2013). 22 Mar. 2021 <http://www.americanpopularculture.com/journal/articles/spring_2013/goris.htm>. Gutierrez, Jason. “Philippine Congress Officially Shuts Down Leading Broadcaster.” New York Times, 10 July 2020. 22 Mar. 2021 <http://www.nytimes.com/2020/07/10/world/asia/philippines-congress-media-duterte-abs-cbn.html>. Hapal, Karl. “The Philippines’ COVID-19 Response: Securitising the Pandemic and Disciplining the Pasaway.” Journal of Current Southeast Asian Affairs (2021). <http://doi.org/10.1177/1868103421994261>. Harvey, Hannah. “On the Edge of the Storytelling World: The Festival Circuit and the Fringe.” Storytelling, Self, Society 4.2 (2008): 134-151. “Independent Broadcaster ABS-CBN Shut Down by Philippines Government in ‘Crushing Blow’ to Press Freedom.” ABC News, 6 May 2020. 22 Mar. 2021 <http://www.abc.net.au/news/2020-05-06/philippines-news-outlet-closure-abs-cbn-duterte/12218416>. “Make Good Days.” Dir. Tania Arpa. RomanceClass, 26 June 2020. 22 Mar. 2021 <http://www.youtube.com/watch?v=6bqpij-S7DU&t=5s>. McAlister, Jodi, Claire Parnell, and Andrea Anne Trinidad. “#RomanceClass: Genre World, Intimate Public, Found Family.” Publishing Research Quarterly 36 (2020): 403-417. Ratcliffe, Rebecca, and Carmela Fonbuena. “Millions in Manila Back in Lockdown as Duterte Loses Control of Coronavirus Spread.” The Guardian, 4 Aug. 2020. 22 Mar. 2021 <http://www.theguardian.com/world/2020/aug/04/millions-in-manila-philippines-back-in-lockdown-as-duterte-loses-control-of-coronavirus-spread>. Reuters. “‘Shoot Them Dead’ – Philippine Leader Says Won’t Tolerate Lockdown Violators.” CNBC, 2 April 2020. 22 Mar. 2021 <https://www.cnbc.com/2020/04/02/philippines-duterte-threatens-to-shoot-lockdown-violators.html>. Tirona, Ana Olivia A. “Unemployment Rate Hits Record High in 2020.” Business World, 9 Mar. 2021. 22 Mar. 2021 <http://www.bworldonline.com/unemployment-rate-hits-record-high-in-2020/>. Torres, Thets. “5 Times the Government Disobeyed and Ignored Their Own Laws.” NoliSoli, 13 May 2020. 22 Mar. 2021 <http://nolisoli.ph/80192/ph-government-disobeyed-and-ignored-their-own-laws-ttorres-20200513/>. Trinidad, Andrea Anne. “‘Kilig to the Bones!’: Kilig as the Backbone of the Filipino Romance Experience.” Paper presented at the International Association for the Study of Popular Romance conference, 2020. ———. “‘Shipping’ Larry Stylinson: What Makes Pairing Appealing Boys Romantic?” Paper presented at the International Association for the Study of Popular Romance conference, 2018. Trinidad, Celestine. Ghost of a Feeling. Self-published, 2018. Weber, Millicent. Literary Festivals and Contemporary Book Culture. Cham: Palgrave, 2018. “We Will Be Okay.” Dir. Tania Arpa. RomanceClass, 3 July 2020. 22 Mar. 2021 <http://www.youtube.com/watch?v=Ed2SamGU3Tk>. Wiles, Ellen. “Live Literature and Cultural Value: Explorations in Experiential Literary Ethnography.” PhD thesis. 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IntroductionThe wandering narrator is a familiar figure in contemporary literature. This narrator is often searching for something abstract or ill-defined connected to the past and the traces it leaves behind. The works of the German writer W.G. Sebald inspired a number of theories on the various ways a writer might intersect place, memory, and representation through seemingly aimless wandering. This article expands on the scholarship around Sebald’s themes to identify two modes of investigative wandering: (1) wandering “in place”, through a city where a past trauma has occurred, and (2) wandering “out of place”, which occurs when a wanderer encounters a city that is a holding place of traumas experienced elsewhere.Sebald’s narrators mostly conduct wandering “in place” because they are actively immersed in, and wandering through, locations that trigger both memory and thought. In this article, after exploring both Sebald’s work and theories of place in literature, I analyse another example of wandering in place, in the Paris of Patrick Modiano’s novel, The Search Warrant (2014). I conclude by discussing how I encountered this mode of wandering myself when in Moscow and St Petersburg researching my first novel, The Memory Artist (2016). In contrasting these two modes of wandering, my aim is to contribute further nuance to the interpretation of conceptions of place in literature. By articulating the concept of wandering “out of place”, I identify a category of wanderer and writer who, like myself, finds connection with places and their stories without having a direct encounter with that place. Theories of Place and Wandering in W.G. Sebald’s WorkIn this section, I introduce Sebald as a literary wanderer. Born in the south of Germany in 1944, Sebald is perhaps best known for his four “prose fictions”— Austerlitz published in 2001, The Emigrants published in 1996, The Rings of Saturn published in 1998, and Vertigo published in 2000—all of which blend historiography and fiction in mostly plot-less narratives. These works follow a closely autobiographical narrator as he traverses Europe, visiting people and places connected to Europe’s turbulent twentieth century. He muses on the difficulty of preserving the truths of history and speaking of others’ traumas. Sebald describes how “places do seem to me to have some kind of memory, in that they activate memory in those who look at them” (Sebald quoted in Jaggi). Sebald left his native Germany in 1966 and moved to England, where he lived until his untimely death in a car accident in 2001 (Gussow). His four prose fictions feature the same autobiographical narrator: a middle-aged German man who lives in northern England. The narrator traverses Europe with a compulsion to research, ponder, and ultimately, represent historical catastrophes and traumas that haunt him. Anna MacDonald describes how Sebald’s texts “move freely between history and memory, biography, autobiography and fiction, travel writing and art criticism, scientific observation and dreams, photographic and other textual images” (115). The Holocaust and human displacement are simultaneously at the forefront of the narrator’s preoccupations but rarely referenced directly. This singular approach has caused many commentators to remark that Sebald’s works are “haunted” by these traumatic events (Baumgarten 272).Sebald’s narrators are almost constantly on the move, obsessively documenting the locations, buildings, and people they encounter or the history of that place. As such, it is helpful to consider Sebald’s wandering narrator through theories of landscape and its representation in art. Heike Polster describes the development of landscape from a Western European conception and notes how “the landscape idea in art and the techniques of linear perspective appear simultaneously” (88). Landscape is distinguished from raw physical environment by the role of the human mind: “landscape was perceived and constructed by a disembodied outsider” (88). As such, landscape is something created by our perceptions of place. Ulrich Baer makes a similar observation: “to look at a landscape as we do today manifests a specifically modern sense of self-understanding, which may be described as the individual’s ability to view herself within a larger, and possibly historical, context” (43).These conceptions of landscape suggest a desire for narrative. The attempt to fix our understanding of a place according to what we know about it, its past, and our own relationship to it, makes landscape inextricable from representation. To represent a landscape is to offer a representation of subjective perception. This understanding charges the landscapes of literature with meaning: the perceptions of a narrator who wanders and encounters place can be studied for their subjective properties.As I will highlight through the works of Sebald and Modiano, the wandering narrator draws on a number of sources in their representations of both place and memory, including their perceptions as they walk in place, the books they read, the people they encounter, as well as their subjective and affective responses. This multi-dimensional process aligns with Polster’s contention that “landscape is as much the external world as it is a visual and philosophical principle, a principle synthesizing the visual experience of material and geographical surroundings with our knowledge of the structures, characteristics, and histories of these surroundings” (70). The narrators in the works of Sebald and Modiano undertake this synthesised process as they traverse their respective locations. As noted, although their objectives are often vague, part of their process of drawing together experience and knowledge is a deep desire to connect with the pasts of those places. The particular kind of wanderer “in place” who I consider here is preoccupied with the past. In his study of Sebald’s work, Christian Moser describes how “the task of the literary walker is to uncover and decipher the hidden track, which, more often than not, is buried in the landscape like an invisible wound” (47-48). Pierre Nora describes places of memory, lieux de memoire, as locations “where memory crystallizes and secretes itself”. Interest in such sites arises when “consciousness of a break with the past is bound up with a sense that memory has been torn—but torn in such a way as to pose the problem of the embodiment of memory in certain sites where a sense of historical continuity persists” (Nora 7).Encountering and contemplating sites of memory, while wandering in place, can operate simultaneously as encounters with traumatic stories. According to Tim Ingold, “the landscape is constituted as an enduring record of—and testimony to—the lives and works of past generations who have dwelt within it, and in doing so, have left something of themselves […] landscape tells – or rather is – a story” (153). Such occurrences can be traced in the narratives of Sebald and Modiano, as their narrators participate both in the act of reading the story of landscape, through their wandering and their research about a place, but also in contributing to the telling of those stories, by inserting their own layer of subjective experience. In this way, the synthesised process of landscape put forward by Polster takes place.To perceive the landscape in this way is to “carry out an act of remembrance” (Ingold 152). The many ways that a person experiences and represents the stories that make up a landscape are varied and suited to a wandering methodology. MacDonald, for example, characterises Sebald’s methodology of “representation-via-digressive association”, which enables “writer, narrator, and reader alike to draw connections in, and through, space between temporally distant historical events and the monstrous geographies they have left in their wake” (MacDonald 116).Moser observes that Sebald’s narrative practice suggests an opposition between the pilgrimage, “devoted to worship, asceticism, and repentance”, and tourism, aimed at “entertainment and diversion” (Moser 37). If the pilgrim contemplates the objects, monuments, and relics they encounter, and the tourist is “given to fugitive consumption of commercialized sights”, Sebald’s walker is a kind of post-traumatic wanderer who “searches for the traces of a silent catastrophe that constitutes the obverse of modernity and its history of progress” (Moser 37). Thus, wandering tends to “cultivate a certain mode of perception”, one that is highly attuned to the history of a place, that looks for traces rather than common sites of consumption (Moser 37).It is worth exploring the motivations of a wandering narrator. Sebald’s narrator in The Rings of Saturn (2002) provides us with a vague impetus for his wandering: “in the hope of dispelling the emptiness that had taken hold of me after the completion of a long stint of work” (3). In Vertigo (2002), Sebald’s narrator walks with seemingly little purpose, resulting in a sense of confusion or nausea alluded to in the book’s title: “so what else could I do … but wander aimlessly around until well into the night”. On the next page, he refers again to his “aimlessly wandering about the city”, which he continues until he realises that his shoes have fallen apart (35-37). What becomes apparent from such comments is that the process of wandering is driven by mostly subconscious compulsions. The restlessness of Sebald’s wandering narrators represents their unease about our capacity to forget the history of a place, and thereby lose something intangible yet vital that comes from recognising traumatic pasts.In Sebald’s work, if there is any logic to the wanderer’s movement, it is mostly hidden from them while wandering. The narrator of Vertigo, after days of wandering through northern Italian cities, remarks that “if the paths I had followed had been inked in, it would have seemed as though a man had kept trying out new tracks and connections over and over, only to be thwarted each time by the limitations of his reason, imagination or willpower” (Sebald, Vertigo 34). Moser writes how “the hidden order that lies behind the peripatetic movement becomes visible retroactively – only after the walker has consulted a map. It is the map that allows Sebald to decode the ‘writing’ of his steps” (48). Wandering in place enables digressions and preoccupations, which then constitute the landscape ultimately represented. Wandering and reading the map of one’s steps afterwards form part of the same process: the attempt to piece together—to create a landscape—that uncovers lost or hidden histories. Sebald’s Vertigo, divided into four parts, layers the narrator’s personal wandering through Italy, Austria, and Germany, with the stories of those who were there before him, including the writers Stendhal, Kafka, and Casanova. An opposing factor to memory is a landscape’s capacity to forget; or rather, since landscape conceived here is a construction of our own minds, to reflect our own amnesia. Lewis observes that Sebald’s narrator in Vertigo “is disturbed by the suppression of history evident even in the landscape”. Sebald’s narrator describes Henri Beyle (the writer Stendhal) and his experience visiting the location of the Battle of Marengo as such:The difference between the images of the battle which he had in his head and what he now saw before him as evidence that the battle had in fact taken place occasioned in him a vertiginous sense of confusion […] In its shabbiness, it fitted neither with his conception of the turbulence of the Battle of Marengo nor the vast field of the dead on which he was now standing, alone with himself, like one meeting his doom. (17-18)The “vertiginous sense of confusion” signals a preoccupation with attempting to interpret sites of memory and, importantly, what Nora calls a “consciousness of a break with the past” (Nora 7) that characterises an interest in lieux de memoire. The confusion and feeling of unknowing is, I suggest, a characteristic of a wandering narrator. They do not quite know what they are looking for, nor what would constitute a finished wandering experience. This lack of resolution is a hallmark of the wandering narrative. A parallel can be drawn here with trauma fiction theory, which categorises a particular kind of literature that aims to recognise and represent the ethical and psychological impediments to representing trauma (Whitehead). Baumgarten describes the affective response to Sebald’s works:Here there are neither answers nor questions but a haunted presence. Unresolved, fragmented, incomplete, relying on shards for evidence, the narrator insists on the inconclusiveness of his experience: rather than arriving at a conclusion, narrator and reader are left disturbed. (272)Sebald’s narrators are illustrative literary wanderers. They demonstrate a conception of landscape that theorists such as Polster, Baer, and Ingold articulate: landscapes tell stories for those who investigate them, and are constituted by a synthesis of personal experience, the historical record, and the present condition of a place. This way of encountering a place is necessarily fragmented and can be informed by the tenets of trauma fiction, which seeks ways of representing traumatic histories by resisting linear narratives and conclusive resolutions. Modiano: Wandering in Place in ParisModiano’s The Search Warrant is another literary example of wandering in place. This autobiographical novel similarly illustrates the notion of landscape as a construction of a narrator who wanders through cities and forms landscape through an amalgamation of perception, knowledge, and memory.Although Modiano’s wandering narrator appears to be searching the Paris of the 1990s for traces of a Jewish girl, missing since the Second World War, he is also conducting an “aimless” wandering in search of traces of his own past in Paris. The novel opens with the narrator reading an old newspaper article, dated 1942, and reporting a missing fourteen-year-old girl in Paris. The narrator becomes consumed with a need to learn the fate of the girl. The search also becomes a search for his own past, as the streets of Paris from which Dora Bruder disappeared are also the streets his father worked among during the Nazi Occupation of Paris. They are also the same streets along which the narrator walked as an angst-ridden youth in the 1960s.Throughout the novel, the narrator uses a combination of facts uncovered by research, documentary evidence, and imagination, which combine with his own memories of walking in Paris. Although the fragmentation of sources creates a sense of uncertainty, together there is an affective weight, akin to Sebald’s “haunted presence”, in the layers Modiano’s narrator compiles. One chapter opens with an entry from the Clignancourt police station logbook, which records the disappearance of Dora Bruder:27 December 1941. Bruder, Dora, born Paris.12, 25/2/26, living at 41 Boulevard Ornano.Interview with Bruder, Ernest, age 42, father. (Modiano 69)However, the written record is ambiguous. “The following figures”, the narrator continues, “are written in the margin, but I have no idea what they stand for: 7029 21/12” (Modiano 69). Moreover, the physical record of the interview with Dora’s father is missing from the police archives. All he knows is that Dora’s father waited thirteen days before reporting her disappearance, likely wary of drawing attention to her: a Jewish girl in Occupied Paris. Confronted by uncertainty, the narrator recalls his own experience of running away as a youth in Paris: “I remember the intensity of my feelings while I was on the run in January 1960 – an intensity such as I have seldom known. It was the intoxication of cutting all ties at a stroke […] Running away – it seems – is a call for help and occasionally a form of suicide” (Modiano 71). The narrator’s construction of landscape is multi-layered: his past, Dora’s past, his present. Overhanging this is the history of Nazi-occupied Paris and the cultural memory of France’s collaboration with Nazi Germany.With the aid of other police documents, the narrator traces Dora’s return home, and then her arrest and detainment in the Tourelles barracks in Paris. From Tourelles, detainees were deported to Drancy concentration camp. However, the narrator cannot confirm whether Dora was deported to Drancy. In the absence of evidence, the narrator supplies other documents: profiles of those known to be deported, in an attempt to construct a story.Hena: I shall call her by her forename. She was nineteen … What I know about Hena amounts to almost nothing: she was born on 11 December 1922 at Pruszkow in Poland, and she lived at no. 42 Rue Oberkampf, the steeply sloping street I have so often climbed. (111)Unable to make conclusions about Dora’s story, the narrator is drawn back to a physical location: the Tourelles barracks. He describes a walk he took there in 1996: “Rue des Archives, Rue de Bretagne, Rue des-Filles-du-Calvaire. Then the uphill slope of the Rue Oberkampf, where Hena had lived” (Modiano 124). The narrator combines what he experiences in the city with the documentary evidence left behind, to create a landscape. He reaches the Tourelles barracks: “the boulevard was empty, lost in a silence so deep I could hear the rustling of the planes”. When he sees a sign that says “MILITARY ZONE. FILMING OR PHOTOGRAPHY PROHIBITED”, the cumulative effect of his solitary and uncertain wandering results in despair at the difficulty of preserving the past: “I told myself that nobody remembers anything anymore. A no-man’s-land lay beyond that wall, a zone of emptiness and oblivion” (Modiano 124). The wandering process here, including the narrator’s layering of his own experience with Hena’s life, the lack of resolution, and the wandering narrator’s disbelief at the seemingly incongruous appearance of a place today in relation to its past, mirrors the feeling of Sebald’s narrator at the site of the Battle of Marengo, quoted above.Earlier in the novel, after frustrated attempts to find information about Dora’s mother and father, the narrator reflects that “they are the sort of people who leave few traces. Virtually anonymous” (Modiano 23). He remarks that Dora’s parents are “inseparable from those Paris streets, those suburban landscapes where, by chance, I discovered they had lived” (Modiano 23). There is a disjunction between knowledge and something deeper, the undefined impetus that drives the narrator to walk, to search, and therefore to write: “often, what I know about them amounts to no more than a simple address. And such topographical precision contrasts with what we shall never know about their life—this blank, this mute block of the unknown” (Modiano 23). This contrast of topographical precision and the “unknown” echoes the feeling of Sebald’s narrator when contemplating sites of memory. One may wander “in place” yet still feel a sense of confusion and gaps in knowledge: this is, I suggest, an intended aesthetic effect by both authors. Reader and narrator alike feel a sense of yearning and melancholy as a result of the narrator’s wandering. Wandering out of Place in Moscow and St PetersburgWhen I travelled to Russia in 2015, I sought to document, with a Sebaldian wandering methodology, processes of finding memory both in and out of place. Like Sebald and Modiano, I was invested in hidden histories and the relationship between the physical environment and memory. Yet unlike those authors, I focused my wandering mostly on places that reflected or referenced events that occurred elsewhere rather than events that happened in that specific place. As such, I was wandering out of place.The importance of memory, both in and out of place, is a central concept in my novel The Memory Artist. The narrator, Pasha, reflects the concerns of current and past members of Russia’s civic organisation named Memorial, which seeks to document and preserve the memory of victims of Communism. Contemporary activists lament that in modern Russia the traumas of the Gulag labour camps, collectivisation, and the “Terror” of executions under Joseph Stalin, are inadequately commemorated. In a 2012 interview, Irina Flige, co-founder of the civic body Memorial Society in St Petersburg, encapsulated activists’ disappointment at seeing burial sites of Terror victims fall into oblivion:By the beginning of 2000s these newly-found sites of mass burials had been lost. Even those that had been marked by signs were lost for a second time! Just imagine: a place was found [...] people came and held vigils in memory of those who were buried there. But then this generation passed on and a new generation forgot the way to these sites – both literally and metaphorically. (Flige quoted in Karp)A shift in generation, and a culture of secrecy or inaction surrounding efforts to preserve the locations of graves or former labour camps, perpetuate a “structural deficit of knowledge”, whereby knowledge of the physical locations of memory is lost (Anstett 2). This, in turn, affects the way people and societies construct their memories. When sites of past trauma are not documented or acknowledged as such, it is more difficult to construct a narrative about those places, particularly those that confront and document a violent past. Physical absence in the landscape permits a deficit of storytelling.This “structural deficit of knowledge” is exacerbated when sites of memory are located in distant locations. The former Soviet labour camps and locations of some mass graves are scattered across vast locations far from Russia’s main cities. Yet for some, those cities now act as holding environments for the memory of lost camp locations, mass graves, and histories. For example, a monument in Moscow may commemorate victims of an overseas labour camp. Lieux de memoire shift from being “in place” to existing “out of place”, in monuments and memorials. As I walked through Moscow and St Petersburg, I had the sensation I was wandering both in and out of place, as I encountered the histories of memories physically close but also geographically distant.For example, I arrived early one morning at the Lubyanka building in central Moscow, a pre-revolutionary building with yellow walls and terracotta borders, the longstanding headquarters of the Soviet and now Russian secret police (image 1). Many victims of the worst repressive years under Stalin were either shot here or awaited deportation to Gulag camps in Siberia and other remote areas. The place is both a site of memory and one that gestures to traumatic pasts inflicted elsewhere.Image 1: The Lubyanka, in Central MoscowA monument to victims of political repression was erected near the Lubyanka Building in 1990. The monument takes the form of a stone taken from the Solovetsky Islands, an archipelago in the far north, on the White Sea, and the location of the Solovetsky Monastery that Lenin turned into a prison camp in 1921 (image 2). The Solovetsky Stone rests in view of the Lubyanka. In the 1980s, the stone was taken by boat to Arkhangelsk and then by train to Moscow. The wanderer encounters memory in place, in the stone and building, and also out of place, in the signified trauma that occurred elsewhere. Wandering out of place thus has the potential to connect a wanderer, and a reader, to geographically remote histories, not unlike war memorials that commemorate overseas battles. This has important implications for the preservation of stories. The narrator of The Memory Artist reflects that “the act of taking a stone all the way from Solovetsky to Moscow … was surely a sign that we give things and objects and matter a little of our own minds … in a way I understood that [the stone’s] presence would be a kind of return for those who did not, that somehow the stone had already been there, in Moscow” (Brabon 177).Image 2: The Monument to Victims of Political Repression, Near the LubyankaIn some ways, wandering out of place is similar to the examples of wandering in place considered here: in both instances the person wandering constructs a landscape that is a synthesis of their present perception, their individual history, and their knowledge of the history of a place. Yet wandering out of place offers a nuanced understanding of wandering by revealing the ways one can encounter the history, trauma, and memory that occur in distant places, highlighting the importance of symbols, memorials, and preserved knowledge. Image 3: Reflectons of the LubyankaConclusionThe ways a writer encounters and represents the stories that constitute a landscape, including traumatic histories that took place there, are varied and well-suited to a wandering methodology. There are notable traits of a wandering narrator: the digressive, associative form of thinking and writing, the unmapped journeys that are, despite themselves, full of compulsive purpose, and the lack of finality or answers inherent in a wanderer’s narrative. Wandering permits an encounter with memory out of place. The Solovetsky Islands remain a place I have never been, yet my encounter with the symbolic stone at the Lubyanka in Moscow lingers as a historical reminder. This sense of never arriving, of not reaching answers, echoes the narrators of Sebald and Modiano. Continued narrative uncertainty generates a sense of perpetual wandering, symbolic of the writer’s shadowy task of representing the past.ReferencesAnstett, Elisabeth. “Memory of Political Repression in Post-Soviet Russia: The Example of the Gulag.” Online Encyclopedia of Mass Violence, 13 Sep. 2011. 2 Aug. 2019 <https://www.sciencespo.fr/mass-violence-war-massacre-resistance/en/document/memory-political-repression-post-soviet-russia-example-gulag>.Baer, Ulrich. “To Give Memory a Place: Holocaust Photography and the Landscape Tradition.” Representations 69 (2000): 38–62.Baumgarten, Murray. “‘Not Knowing What I Should Think:’ The Landscape of Postmemory in W.G. Sebald’s The Emigrants.” Partial Answers: Journal of Literature and the History of Ideas 5.2 (2007): 267–87.Brabon, Katherine. The Memory Artist. Crows Nest: Allen and Unwin, 2016.Gussow, Mel. “W.G. 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