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1

Pratama, Kelvin Adytia, Muhamad Amirulloh, and Somawijaya Somawijaya. "RESPONSIBILITY FOR THE SALES OF FAKE STAMPS ON TOKOPEDIA'S DIGITAL MARKETPLACE PLATFORM." Jurnal Hukum Replik 8, no. 1 (August 29, 2020): 44. http://dx.doi.org/10.31000/jhr.v8i1.3016.

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Today the internet has dramatically influenced business behavior by offering the opportunity to sell products of daily necessities directly to customers. In its development, the use of this technology sometimes tends to lead to negative things as well. One of them is the factual case of selling fake stamps on the Tokopedia digital platform. Based on this background, this research will discuss; First, regarding the legal qualifications of selling fake stamps on the Tokopedia digital platform. Second, related to the responsibilities of sellers and platforms regarding the sale of fake stamps on the Tokopedia digital marketplace. Both are based on the ITE Law and the Stamp Duty Law. This study used a normative juridical approach based on a law that is conceptualized as a rule or norm that becomes the benchmark for human behavior. The research specification used is descriptive analysis research specification. The data used is in the form of secondary data by reviewing literature and laws and regulations related to the sale of fake stamps and their correlation with the law of information technology and electronic transactions and stamp duty. By offering fake stamps on marketplace platforms, merchants, and e-commerce providers, namely the marketplace platform, are in effect breaking the law. Through the existing criminal law provisions, the seller/perpetrator must be held accountable for his mistake in accordance with the applicable sanctions. From the platform side, the various obligations that Tokopedia does not carry out in buying and selling activities cause problems, including the circulation of illegal goods on the platform, so that Tokopedia is obliged to be responsible.Keywords: E-Commerce; Platform; Information and communication technology; Stamp Duty.
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Gracheva, Yu V., and S. V. Malikov. "Trash Stream: Social Conditioning of Criminalization." Actual Problems of Russian Law 16, no. 6 (July 9, 2021): 202–10. http://dx.doi.org/10.17803/19941471.2021.127.6.202-210.

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The social network as one of the digital technologies has not only creates a platform for communications, especially relevant during a pandemic, but also provokes the emergence of various types of deviant behavior, primarily due to the fact that many communicate on the Internet under fictitious names; it liberates a person, creates a feeling of impunity, control over the situation, etc. Recently, trash streams have become popular on the Web, but not funny and silly, but associated with violence, insult, humiliation of human dignity, causing a feeling of disgust and contrary to public morality. In December 2020, during such a live broadcast, another victim died, which launched a process in society to discuss the need to introduce criminal liability for such acts. The paper assesses the draft criminal law, as well as initiatives to supplement the list of aggravating circumstances and some corpus delicti with an appropriate qualifying feature, and formulates the author’s draft criminal law on responsibility for organizing, conducting, facilitating and participating in direct air in trash streams.
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Widowati, Ratih. "Penegakan Hukum Terhadap Pelanggaran Hak Cipta Dalam Jual Beli Karya Sastra Pada Marketplace." Jurnal Analisis Hukum 5, no. 2 (September 25, 2022): 220–30. http://dx.doi.org/10.38043/jah.v5i2.3770.

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The large number of book piracy and/or unauthorized sellers in the marketplace is a serious legal problem. Book piracy has become an industry in Indonesia. This is due to the lack of law enforcement that occurs, consumer behavior that is not aware of copyright, and business actors who seek profit by illegal means. Business actors in this case are not only sellers, but also the marketplace as a digital trading platform provider should also be responsible for selecting the goods to be sold by the seller. Unfortunately, the focus of law enforcement on copyright infringements is still focused only on piracy actors. Marketplace providers as an important element in digital transactions often not charged with legal responsibility. Therefore, this study focuses on how the responsibility of the marketplace and the mechanism for resolving copyright disputes that occur in the marketplace. This research uses normative legal research methods. The results of this study indicate that there is an agreement between the seller/partner/merchant and the marketplace as a digital trading platform provider. From this agreement, the elements of Article 10 of the Indonesia Copyright that state “Managers of business premises are prohibited from allowing the sale and/or reproduction of goods resulted from Copyrights and/or Related Rights infringements in the location under their management.” The dispute resolution mechanism regulated in the Copyright Law consists of litigation (civil and criminal) and non-litigation.
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Rodhiyah, Isyatur, Ifahda Pratama Hapsari, and Hardian Iskandar Iskandar. "Pertanggung Jawaban Pelaku Tindak Pidana Perjudian Online di Indonesia." AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 4, no. 2 (December 23, 2022): 591–600. http://dx.doi.org/10.37680/almanhaj.v4i2.1986.

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The criminal act of gambling is a crime that is commonly committed by many people, because from gambling people can get multiple wealth from the results of gambling. In Indonesia, the practice of gambling has developed along with the development of technological advances, namely online gambling. This online gambling crime offers many advantages for owners and managers, because in practice the online gambling business scheme no longer requires complicated permits to establish a gambling business via the internet. Based on these conditions, this study wants to explain that Indonesia has legally regulated gambling in several laws and regulations, including those regulated in Article 303 and Article 303 bis of the Criminal Code. Then related to online gambling laws specifically regulated in Article 27 paragraph (2) of the Electronic Transaction Information Law and its amendments. The use of normative legal methods with a statutory approach (staapproach) is carried out carefully by examining and analyzing legal rules relating to the accountability of online gambling crimes in Indonesia. The responsibility of online gambling actors is proven by containing elements of a criminal act. The criminal responsibility of online gambling actors is not only borne by players, but also includes those who give someone the opportunity to play gambling, such as service providers and managers of online gambling platforms.
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Suyoko, Retno Astuti Setijaningsih, and Slamet Isworo. "Study on hospital responsibilities regarding the completeness of medical resumes." Magna Scientia Advanced Biology and Pharmacy 1, no. 2 (January 30, 2021): 021–31. http://dx.doi.org/10.30574/msabp.2021.1.2.0004.

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Objective: Hospitals are legally responsible for the excellent service quality provided to patients based on statutory provisions. Hospital responsibilities in health services include criminal, civil and administrative liability. This study aims to determine the responsibility of the hospital in documenting medical resumes. Methods: The research method used is literature review, through review of research journals related to the completeness of medical resumes that have been published on accredited journal platforms in 2010-2020. This research was conducted in August-October 2020. Results: Analysis of 20 research journals relating to the completeness of medical resumes in the reviewed hospitals, it is known that the completeness of medical resume documents in the hospital is on average 75.80% Only 2 hospitals out of 20 hospitals documented medical resumes in accordance with the minimum hospital service standards. Based on the prevailing laws and regulations, the hospital is not criminally responsible for the incomplete documentation of medical resume, but the hospital is responsible civilian based on the principle of representative responsibility and administratively. Conclusion: The hospital has not optimally documented medical resumes in accordance with the minimum hospital service standards. As a result, the hospital is both civilly and administratively liable. Supervision of the doctor's performance in documenting medical resumes and the role of the medical record committee in ensuring medical staff complete all medical records of patients served is required.
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Larina, Lyubov' Yur'evna. "Comparative analysis of criminal legislation of some European countries and Russia in the area of transportation safety." Вопросы безопасности, no. 4 (April 2020): 1–16. http://dx.doi.org/10.25136/2409-7543.2020.4.34100.

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The subject of this research is the current criminal legislation of a number of European countries and Russia in the area of ensuring transportation safety. Analysis is conducted on legislation of the countries with different legal systems (France, Germany, United Kingdom, and Poland). Special attention is given to the norms that determine the elements of specific offenses. The article also analyzes the penalties that can perform a function of ensuring transportation safety. The author draws parallels between foreign and Russian criminal legislation, outlines their strengths and weaknesses. Due to the rapid development of unmanned vehicles, foreign legislation is examined from the perspective of responsibility for harm inflicted by their usage. The author formulates a number of theoretical conclusions along with practical recommendations targeted at improvement of national criminal legislation. It was established that criminal legislation of the countries under consideration contains the norms aimed at ensuring transportation safety, which relate simultaneously to the description of specific offences and penalties thereof. In many countries, the elements of such offences are differentiated in accordance to various legislative acts. In foreign countries, the elements of offences related to damage or demolition of vehicles or other objects of transport infrastructure are formulated as formal, i.e. they do address any consequences as a mandatory element. Stationary platforms, which play an important role in transport infrastructure, serve as the subject of infringement on transport infrastructure objects. It is underlined that the indicated European countries establish stricter responsibility for the alcohol-related transport crimes than the Russian legislation. There are no special criminal legal norms applicable to unmanned vehicles in the considered legislation.
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Alikhadzhieva, I. S. "New Trends in the Modern Sex Industry and Its Criminological Risks." Actual Problems of Russian Law 16, no. 4 (May 3, 2021): 160–73. http://dx.doi.org/10.17803/1994-1471.2021.125.4.160-173.

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The paper presents an original analysis of the state of the modern sex industry as the largest shadow segment of the Russian economy. The relevance of the study consists in identifying and describing new criminal marketing schemes to maintain the demand for sexual services, which, among other things, contribute to an increase in the rates of sexual exploitation and serious crimes against the individual. The subject of this research is the sex industry as a social phenomenon; its purpose is to describe new trends in its functioning. Based on foreign and Russian criminological sources, the author developed the sex industry concept, identified its structure, and classified the forms of sexual activity and subjects. The novelty of the study is determined by the fact that for the first time the author gives a criminological characteristic of new directions in the development of the sex industry as an economically significant segment of the shadow market. In this regard, criminological risks of deviant sexual behavior are predicted, the development of which can lead to an outbreak of latent criminal violence, fraudulent activities, etc. Based on predictive estimates, in order to reduce the consequences of the massive use of Internet platforms that facilitate virtual transactions for the sale of virginity, sexual services and child pornography, their creators and administrators should be brought to administrative responsibility. In practical terms, the results of the study include proposals on criminal law criteria for distinguishing between these offenses and the argumentation of qualification decisions.
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Boyko, A., T. Dotscenko, and Yu Dolia. "PATTERNS OF FINANCIAL CRIMES USING CRYPTOCURRENCIES." Socio-economic relations in the digital society 2, no. 44 (July 1, 2022): 23–28. http://dx.doi.org/10.55643/ser.2.44.2022.454.

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The cryptocurrency market is rapidly gaining momentum and is becoming an alternative financial platform to the traditional financial trading market. Currently, cryptocurrency is of particular interest to criminals to make illegal profits, such as money laundering, terrorist financing, financing the proliferation of weapons of mass destruction, corruption. The main purpose of the study is to identify information signs that indicate the implementation of illegal financial transactions using cryptocurrencies. Empirical (observation, description) and theoretical (grouping, synthesis, abstraction) research methods were used for this research. According to the results of the study, it is established that the signs of illegal transactions with cryptocurrency are: non-transparent cryptocurrency contracts; encrypted cryptocurrency transactions; impersonal transactions; fragmented systematic transactions into marginal, limited amounts to avoid identification; transactions that do not comply with the approved transaction protocols; currency exchange transactions by unidentified traders; confusing cryptocurrency to other forms of electronic funds in order to withdraw such funds in cash. The authors of the article identify the main agents in the cryptocurrency economy (centralized and decentralized cryptocurrency exchanges, token issuers, distribution services, gaming services, cryptocurrency wallets). The paper describes software products for the identification of illegal cryptocurrency transactions. The results of the study are of practical value to national regulators in strengthening financial stability and combating illegal financial transactions. management of financial institutions to improve the system of counteraction to illegal financial transactions using payment cards, namely the creation of separate bodies for analysis and regulation of fraud in the banking sector, strengthening responsibility for fraud at the legislative level, establishing a single authentication standard for customers, development of open banking.
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YURTLU, Fatih, and Orkun YILDIZ. "DISINFORMATION ACTIVITIES ON SOCIAL MEDIA PLATFORMS AND RESPONSIBILITY IN THE CONTEXT OF CRIMINAL LAW: A CASE REVIEW ON THE TWITTER PLATFORM." İstanbul Ticaret Üniversitesi Sosyal Bilimler Dergisi, September 30, 2022. http://dx.doi.org/10.46928/iticusbe.1148409.

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Many different applications, called social media channels, have been developed. Today, it is seen that some of these applications have become a platform where individual ideas can be shared in written and visual expressions in the public sphere, as well as allowing to follow current developments. Among these platforms, Twitter is the one with the highest number of users for this purpose. The aim of this study is to identify, define, classify and associate criminal law with the statements that carry criminal elements shared on social media platforms, together with the analysis of real data, by conducting a case study specific to Twitter. An explanatory case study was preferred as the research method of this study. As a case study in line with the purpose of our study, the posts made using the relevant hashtags detected on the Twitter Platform regarding the Gezi Park events, which have been on the agenda of Turkey for the last 8 years and which are predicted to be able to share disinformation on social media, have been discussed. The social media analysis method was used in this case analysis to obtain and analyze the data. Thus, disinformation sharing that may require criminal law responsibility in the determined purposive case study will be identified and classified. Subsequently, the relevant posts will be associated with the regulations in the Turkish penal legislation. This study deals with misleading social media posts, and criminal law responsibility in Turkish, limited to Twitter platform shares for the purposefully determined case study event. The contributions of the study to science and society are that it is the first multi-disciplinary collaborative study in the literature that deals with disinformation activities in social media within the scope of criminal law responsibility, classifies these activities and has a content in which it is associated with the relevant regulations of the criminal legislation. The findings obtained and presented in the study may be beneficial for the executive and legislative bodies in reviewing the legal regulations on the subject, raising awareness for other interested parties and contributing to the literature.
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Malak, Sonia. "Editorial in English." International Review of Law 11, no. 2 (October 2022). http://dx.doi.org/10.29117/irl.2022.0218.

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The International Journal of Law has come out with a new issue confirming its international and comparative identity, in which researchers from different legal schools participated in research on a variety of topics, whether related to national law, international law or comparative law, as the International Journal of Law has been an important platform for attracting quality research work. The Journal is a link between researchers and the audience from different parts of the world. The research of this issue was varied and rich. Following is the list of papers that this issue carries: 1.“Termination and Expiration of Work Contract in the Palestinian Labor Law: A Comparative Study,” by Dr. Ahmad Abdel-Wahab Abu Zeineh. 2.“Implementation of the Principle of Government’s No–Fault Liability on the curfew imposed by the Kuwaiti Government due to Corona Pandemic,” by Munira Alnamash Fatma Almohsen. 3.“The Political Tendencies of the Constitutional Judge and their Impact on the Causation of Judgments,” by Oday Tala Mahmood. 4.“Joint Usufruct of Layers and Apartments in the Palestinian Law: A Partner Lease of Common Share,” by Dr. Mahmoud Abd- Almohsen Salameh and Judge Fateh Hamrasheh. 5.“The Role of the Theory of Gross Disparity in protecting the Contractor in the UNIDROIT Principles and Palestinian law: A Comparative Study,” by Dr. Ibrahim Yahya and Dr. Youssef Shandi. 6.“Plea Bargaining Between Reality in Legal Systems and Implementation in Palestine and Qatar: A Comparative and Analytical Study,” by Dr. Mustafa Abdelbaqi and Lama Mrezieq. 7.“The Effect of Fault on Criminal Responsibility: An Analytical Study of the Anglo-Saxon Legal System, by Dr. Eifan. 8.“The Role of Human Rights in Investment Arbitrations: Towards Closer Integration,” by Jassem Al Mulla. 9.“Human Rights of Women: Intersectionality and the CEDAW,” by Buthaina Mohammed Alkuwari. The issue also includes a review of the book “Drafting Legislation in the State of Qatar: Origins, Principles and Standards,” by Mohammed Rashid Alhassan Al-Sulaiti. The editorial board appreciates efforts of all researchers and arbitrators, and we hope that these researches will win the approval of the readers nationally and internationally.
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Murphy, Ryan M. "Rhetorical Framing and Needle Exchange in Rural Indiana: Shifting Perspectives and Policy." Online Journal of Public Health Informatics 11, no. 1 (May 30, 2019). http://dx.doi.org/10.5210/ojphi.v11i1.9688.

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ObjectiveThis abstract proposes a poster presentation aimed at explaining rhetorical framing as a technique for articulating and identifying cases in healtchare policy.IntroductionPolitical discourse surrounding matters of public health is exigent because human life is at stake—this is unquestionably the case with respect to widespread opioid addiction. While intravenous drug use itself is described as a health concern, the spread of diseases such as hepatitis C and HIV through the sharing of needles is a disease surveillance emergency. This research centers on municipal-level decision making in the community of greater Lafayette, Indiana. Here, the mayors of sister cities West Lafayette and Lafayette hold different positions regarding a clean needle exchange program operated by the county health department.MethodsAs scholars of harm reduction note, “harm reduction disputes are the results of participants placing different weight on moral foundations that drive typical public health discourse” (Alderman et al., 2010). The methodology of rhetorical framing includes vocabulary and tactics for navigating the spaces of different weights and competing values. Articulated by George Lakoff as, “mental structures that shape the way we see the world,” framing deliberately selects vocabulary built around a platform of values in order establish the parameters of a discourse (2004). In the case of harm reduction and needle exchange, two different frames compete.The rule of law and order is a frame that prioritizes civil stability through a fair and unyielding adherence to civil and criminal law. This frame corresponds closely to what Lakoff calls the “strict father” frame which takes a rigid paternalistic approach to responsibility and a binary approach to morality (2004). For the needle exchange program, this frame asserts that the fundamental issue at hand is criminal drug use and that no conciliatory actions should take place to accommodate lawbreaking of any kind.A different frame can be described as the healthcare and risk reduction frame. This frame seeks to prioritize the healthcare risks associated with drug use and act to abate them. On this view, drug use and addiction is a treatable medical condition. This frame corresponds to what Lakoff calls the “nurturant parent model” (2004). Here nurturance is taken to include responsibility and empathy. In this light, the healthcare frame recognizes the pain and damage caused by drug use for individuals and communities. It holds people responsible by helping them break drug habits rather than simply punish them for being addicted.This project focuses on a series of radio-broadcast interviews in which the mayor of Lafayette expresses his support of the exchange while the mayor of West Lafayette voices his concerns. I argue the reason for the difference in opinion, despite both mayors agreeing on the essential facts, rests on the problem of invoking conflicting frames. On one hand, the healthcare and risk reduction frame sees the needle exchange as a form of harm reduction and something that generally improves public health. At the same time, the frame of rule of law and order interprets the needle exchange as a government complicity in illegal drug use.ResultsRhetorical framing in health communication is a strategy for effectively reaching expert and non-expert audiences alike. Rhetorically framing disease communication achieves two key functions: it identifies a specific focus and it usually minimizes situational features that are outside of the focus. In this case study, both mayors previously had careers as police officers in the local police department. One mayor adheres to the rule of law and order frame to maintain ties with his colleagues in law enforcement while the other is willing to split and adopt the healthcare and risk reduction frame. This commonality permits another remarkable discussion—what does it take to persuade someone to adopt a different frame?Beyond shaping policy opinion toward the needle exchange and disease prevention, rhetorical framing establishes the types of surveillance and data that policy makers consider meaningful in terms of measuring success. Whereas the healthcare risk and reduction frame is willing to consider qualitative reports of opioid users who visit the exchange and seek further treatment, the rule of law and order frame is inclined to insist on quantitative data such as the rate of return for needles exchanged or reductions in drug use or the spread of hepatitis C and other diseases transmitted through the use of shared needles. In addition to differences in data types, rhetorical framing also helps to explain differences in methodological approach to data collection and surveillance.ConclusionsIn this case, political support by the mayors depends on which interpretive frame takes precedence and the rhetorical delivery and framing of available data often determines which frame dominates. Whereas some data (anecdotal evidence) can be modulated and delivered through appropriate framing, other types of data (the rates of return for needles) cannot be so easily reframed. At minimum, rhetorical framing is capable of determining whether public policy concerning needle exchange is communicated primarily as a public health issue or as a matter of criminal law. For disease surveillance more broadly, rhetorical framing provides not only specialized vocabularies for describing observations, but also helps to identify research perspectives including points of overemphasis and potential blindness.ReferencesAlderman, Jess, et. al., “Commentary: Understanding the Origins of Anger, Contempt, and Disgust in Public Health Policy Disputes: Applying Moral Psychology to Harm Reduction Debates,” Journal of Public Health Policy, vol. 31, no. 1, Apr. 2010, pp. 1-16Dennis, John “Ask the Mayor: West Lafayette’s John Dennis on Leading a Disposable City.” Ask the Mayor, by Stan Jastrzebski, 2 November 2017.Dennis, John “Ask the Mayor: West Lafayette’s John Dennis on Paths (Walking, Driving and to Recovery).” Ask the Mayor, by Stan Jastrzebski, 13 December 2017.Harm Reduction International. Global State of Harm Reduction 2016, https://www.hri.global/files/2016/11/14/GSHR2016_14nov.pdf . Accessed 15 February 2018.Lakoff, George, Don’t Think of an Elephant: Know Your Values and Frame the Debate. Chelsea Green, 2004.Paul, Joseph. “Needle exchange to open its doors Friday near downtown Lafayette.” Journal & Courier. 9 August 2017. Updated 2:50 p.m. ET.Roswarski, Tony “Ask the Mayor: Lafayette’s Tony Roswarski on Affordable Housing and Needle Numbers.” Ask the Mayor, by Stan Jastrzebski, 14 December 2017.Roswarski, Tony “Ask the Mayor: Lafayette’s Tony Roswarski on Crossings, Water Bills and Softball Numbers.” Ask the Mayor, by Stan Jastrzebski, 18 September 2017
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Nechaeva, T. V. "International conference "Plagiarism Detection": does an academic journal need plagiarism checking?" Почвы и окружающая среда, 2022. http://dx.doi.org/10.31251/pos.v5i1.177.

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This article presents the overview of the Vth and VIth annual International Scientific and Practical Conference "Plagiarism Detection" (hereinafter – the conference; website: ozconf.ru), held October, 2020 and 2021. The main aim of this major professional platform is to create expert environment for discussing plagiarism in the educational and scientific communities in the CIS countries, to inform about the novel text processing technologies, text mining and assessing its originality, as well as to discuss the use electronic resources in education and science to facilitate networking of specialists. The article reviews some definitions and presents examples of unethical behaviour in science, such as plagiarism, self-plagiarism, duplication (i.e. multiple publications), fraud and data fabrication. By using such practices some unscrupulous authors assign to themselves the credit of other scientists’ achievements and results, present out-dated results as new, perform data hacking and manipulate research process to obtain an anticipated result. Altogether such practice builds the illusion of promoting the knowledge and publication activity, providing the authors with access to financial support, salary increase, career promotion, bogus authority and standing in the science environment. The article also presents some law aspects concerning the authorship and plagiarism in the Russian academic community, reiterating that plagiarism is a criminal law category and can be regarded as a crime if it causes substantial damage to authors or copyright holders. Revealing errors, typos, plagiarism and other infringements of ethical norms and regulations in works, published by many journals and publishers, is comparable with eroding credibility and authority, as well as necessitating special checks, errata correction and possible retraction of publications. The situation, however, looks different if the victimized scientists consider compensation for the violation of the copyright and property ownership rights. The article lists examples and the main reasons for retracting fraudulent publications. The aim of retraction is to correct the information published, ensuring its validity, rather than to punish the authors. In the Russian research publishing environment publication retraction has been so far rather scarce. Yet globally the practice of retraction is rather widely spread. The article also summarizes the main features distinguishing unethical publishers, focusing on similarities and differences between journal-clones and journal-predators. It is estimated that currently there is information about hundreds of hijacked journals and more than one hundred thousand authors of the publications in journal-clones. The article also presents some information, pertaining to the history of “Antiplagiat” company establishment and its service development, drawing attention to different points of view about the need to use “Antiplagiat” system or other software for checking education and research publications for plagiarism. It is concluded that any search engines are not ideal and cannot substitute humans in crucial decision-making about a publication. Only an expert in the field, who can judge adequately about the exact substantive nature of text duplications and can assess adequately the scale of borrowing, shall make such decisions. Shifting responsibility from a human being to the “Antiplagiat” system by citing the rate of borrowings, provided by the system, is unethical practice as well.
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Ferdous, Zannatul. "EMERGENCE OF DIGITAL EVIDENCE IN BANGLADESHI COURTS FROM THE US BASED DIGITAL PLATFORMS: PROSPECTS AND CHALLENGES." Bangladesh Journal of Law 20, no. 2 (December 2022). http://dx.doi.org/10.58710/bjlv20n2y2022a06.

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Although a silent revolution of the digital court system has been marked in Bangladesh during the pandemic, the standard of the justice system in terms of digital evidencing is still far behind the same of the technologically developed countries. The socioeconomic progress through the ‘Digital Bangladesh’ movement has emerged as one of the biggest factors in the world of competition. However, existing studies demonstrate that the rising trend of the people’s reliance on online communication is also possibly responsible for many uncalculated judicial determinations due to the failure in proving or disproving the criminal communication. The United States-led online platforms like Facebook, Google, YouTube, WhatsApp and Instagram are the top digital platforms in Bangladesh and it is evident that Bangladesh has been regular in requesting the United States for particular private information for pending judicial proceedings. This article will explore to what extent the existing judicial proceedings of Bangladesh are affected by the unavailability of evidence that results in the benefit of doubt. The paper will assess the mutual interest, possible outcomes, and inherent challenges of a ‘Mutual Legal Assistance’ treaty between Bangladesh and the United States in guaranteeing rights to information (own evidence). A question regarding overall readiness of both the countries towards the deal will also be revolving around the existing evidence laws, role of the digital platforms and State responsibility for criminal application in cyberspaces. Finally, considering economic interests, national digital security and commitment to universally agreed principles of justice; this note will prescribe a framework for possible digital evidence sharing deal between the two States.
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Rodriguez, Mario George. "“Long Gone Hippies in the Desert”: Counterculture and “Radical Self-Reliance” at Burning Man." M/C Journal 17, no. 6 (October 10, 2014). http://dx.doi.org/10.5204/mcj.909.

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Introduction Burning Man (BM) is a festival of art and music that materialises for one week each year in the Nevada desert. It is considered by many to be the world’s largest countercultural event. But what is BM, really? With record attendance of 69,613 in 2013 (Griffith) (the original event in 1986 had twenty), and recent event themes that have engaged with mainstream political themes such as “Green Man” (2007) and “American Dream” (2008), can BM still be considered countercultural? Was it ever? In the first part of this article, we define counterculture as a subculture that originates in the hippie movement of 1960s America and the rejection of “mainstream” values associated with post-WWII industrial culture, that aligns itself with environmentalism and ecological consciousness, and that is distinctly anti-consumer (Roszak, Making). Second, we identify BM as an art and music festival that transcends the event to travel with its desert denizens out into the “real world.” In this way, it is also a festival that has countercultural connections. Third, though BM bears some resemblance to counterculture, given that it is founded upon “Radical Self-Reliance”, BM is actually anything but countercultural because it interlocks with the current socioeconomic zeitgeist of neoliberalism, and that reflects a “new individualism” (Elliot & Lemert). BM’s ambition to be a commercial-free zone runs aground against its entanglement with market relations, and BM is also arguably a consumer space. Finally, neoliberal ideology and “new individualism” are encoded in the space of BM at the level of the spectacle (Debord). The Uchronian’s structure from BM 2006 (a cavernous wooden construction nicknamed the “Belgian Waffle”) could be read as one example. However, opportunities for personal transformation and transcendent experience may persist as counterculture moves into a global age. Defining Counterculture To talk about BM as a counterculture, we must first define counterculture. Hebdige provided a useful distinction between subculture and counterculture in an endnote to a discussion of Teds versus Rockers (148). According to Hebdige, what distinguishes counterculture from mere subculture and related styles is its association with a specific era (1967–70), that its adherents tended to hail from educated, middle-class families, and that it is “explicitly political and ideological” and thus more easily “read” by the dominant powers. Finally, it opposes the dominant culture. Counterculture has its roots in “the hippies, the flower children, the yippies” of the 60s. However, perhaps Hebdige’s definition is too narrow; it is more of an instance of counterculture than a definition. A more general definition of counterculture might be a subculture that rejects “mainstream” values, and examples of this have existed throughout time. For example, we might include the 19th century Romantics with their rejection of the Enlightenment and distrust of capitalism (Roszak 1972), or the Beat generation and post-War America (Miller). Perhaps counterculture even requires one to be a criminal: the prominent Beat writer William S. Burroughs shot guns and heroin, was a homosexual, and accidentally shot and killed his wife in a drug haze (Severo). All of these are examples of subcultures that rejected or opposed the mainstream values of the time. But it was Roszak (Making) who originally defined counterculture as the hippie movement of 1960s era college-aged middle-class American youth who revolted against the values and society inherited not only from their parents, but from the “military-industrial complex” itself, which “quite simply was the American political system” (3). Indeed, the 1960s counterculture—what the term “counterculture” has more generally come to mean—was perhaps the most radical expression of humanity ever in its ontological overthrow of industrial culture and all that it implied (and also, Roszak speculates, in so much that it may have been an experiment gone wrong on the part of the American establishment): The Communist and Socialist Left had always been as committed to industrialism as their capitalist foes, never questioning it as an inevitable historical stage. From this viewpoint, all that needed to be debated was the ownership and control of the system. But here was a dissenting movement that yearned for an entirely different quality of life. It was not simply calling the political superstructure into question; with precocious ecological insight, it was challenging the culture of industrial cities on which that superstructure stood. And more troubling still, there were those among the dissenters who questioned the very sanity of that culture. These psychic disaffiliates took off in search of altered states of consciousness that might generate altered states of society. (8) For the purposes of this paper, then, counterculture refers specifically to those cultures that find their roots in the hippie movement of the late 1960s. I embrace both Roszak’s and Hebdige’s definitions of counterculture because they define it as a unique reaction of post-WWII American youth against industrial culture and a rejection of the accompanying values of home, marriage and career. Instead, counterculture embraced ecological awareness, rejected consumption, and even directed itself toward mystical altered states. In the case of the espoused ecological consciousness, that blossomed into the contemporary (increasingly mainstream) environmental movement toward “green” energy. In the case of counterculture, the specific instance really is the definition in this case because the response of postwar youth was so strong and idiosyncratic, and there is overlap between counterculture and the BM community. So what is Burning Man? Defining Burning Man According to the event’s website: Burning Man is an annual event and a thriving year-round culture. The event takes place the week leading up to and including Labor Day, in Nevada’s Black Rock Desert. The Burning Man organization […] creates the infrastructure of Black Rock City, wherein attendees (or “participants”) dedicate themselves to the spirit of community, art, self-expression, and self-reliance. They depart one week later, leaving no trace […] Outside the event, Burning Man’s vibrant year-round culture is growing through the non-profit Burning Man Project, including worldwide Regional Groups and associated non-profits who embody Burning Man’s ethos out in the world. (“What is Burning Man?”) I interpret BM as a massive art festival and party that materialises in the desert once a year to produce one of the largest cities in Nevada, but one with increasingly global reach in which the participants feel compelled to carry the ethos forward into their everyday lives. It is also an event with an increasing number of “regional burns” (Taylor) that have emerged as offshoots of the original. Creator Larry Harvey originally conceived of burning the effigy of a man on San Francisco’s Baker Beach in 1986 in honor of the solstice (“Burning Man Timeline”). Twenty people attended the first BM. That figure rapidly rose to 800 by 1990 when for legal reasons it became necessary to relocate to the remote Black Rock desert in Nevada, the largest expanse of flat land in the United States. In the early 90s, when BM had newly relocated and attendees numbered in the low thousands, it was not uncommon for participants to mix drugs, booze, speeding cars and firearms (Bonin) (reminiscent of the outlaw associations of counterculture). As the Internet became popular in the mid-1990s word spread quickly, leading to a surge in the population. By the early 2000s attendance regularly numbered in the tens of thousands and BM had become a global phenomenon. In 2014 the festival turned 28, but it had already been a corporation for nearly two decades before transitioning to a non-profit (“Burning Man Transitions”). Burning Man as Countercultural Event BM has connections to the counterculture, though the organisation is quick to dispel these connections as myths (“Media Myths”). For example, in response to the notion that BM is a “90s Woodstock”, the organisers point out that BM is for all ages and not a concert. Rather, it is a “noncommercial environment” where the participants come to entertain each other, and thus it is “not limited by the conventions of any subculture.” The idea that BM is a “hippie” festival is also a myth, but one with some truth to it: Hippies helped create environmental ethics, founded communes, wore colorful clothing, courted mysticism, and distrusted the modern industrial economy. In some ways, this counterculture bears a resemblance to aspects of Burning Man. Hippie society was also a youth movement that often revolved around drugs, music, and checks from home. Burning Man is about “radical self-reliance”–it is not a youth movement, and it is definitely not a subculture (“Media Myths”). There are some familiar aspects of counterculture here, particularly environmental consciousness, anti-consumer tendencies and mysticism. Yet, looking at the high attendance numbers and the progression of themes in recent years one might speculate that BM is no longer as countercultural as it once was. For instance, psychedelic themes such as “Vault of Heaven” (2004) and “Psyche” (2005) gave way to “The Green Man” (2007) and “American Dream” (2008). Although “Green Man” was an environmental theme it debuted the year after Vice President Al Gore’s “An Inconvenient Truth” (2006) brought the issue of climate change to a mainstream audience. Indeed, as a global, leaderless event with a strong participatory ethos in many respects BM followed suit with the business world, particularly given it was a Limited Liability Corporation (LLC) for many years (though it was ahead of the curve): “Capitalism has learned from the counter culture. But this is not news” (Rojek 355). Similarly, just in time for the 2008 U.S. Presidential election the organisational committee decided to juxtapose “the Man” with the American flag. Therefore, there has been an arguable shift toward engagement with mainstream issues and politics in recent years (and away from mysticism). Recent themes are really re-appropriations of mainstream discourses; hence they are “agonistic” readings (Mouffe). Take for example the VoterDrive Bus, an early example of political talk at BM that engaged with mainstream politics. The driver was seven-time BM veteran Corey Mervis (also known as “Misty Mocracy”) (“Jack Rabbit Speaks”). Beginning on 22 July 2004, the VoterDrive Bus wrote the word VOTE in script across the continental United States in the months before the election, stopping in the Black Rock City (BRC) for one week during the BM festival. Four years later the theme “American Dream” would reflect this countercultural re-appropriation of mainstream political themes in the final months leading up to the 2008 Presidential election. In that year, “the Man,” a massive wooden effigy that burns on the last night of the event, stood atop a platform of windows, each inscribed with the flag of a different country. “American Dream” was as politically as it was poetically inspired. Note the agonistic appeal: “This year's art theme is about patriotism—not that kind which freights the nation state with the collective weight of ego, but a patriotism that is based upon a love of country and culture. Leave ideology at home…Ask yourself, instead…What can postmodern America, this stumbling, roused, half-conscious giant, yet give to the world?” (“2008 Art Theme: American Dream”). BM has arguably retained its countercultural authenticity despite engagement with mainstream political themes by virtue of such agonistic appeals to “American Dream”, and to “Green Man” which promoted environmental awareness, and which after all started out in the counterculture. I attended BM twice in 2006 and 2007 with “The Zombie Hotel”, one among a thousand camps in the BRC, Nevada (oddly, there were numerous zombie-themed camps). The last year I attended, the festival seemed to have come of age, and 2007 was the first in its history that BM invited corporate presence in the form of green energy companies (and informational kiosks, courtesy of Google) (Taylor). Midway through the week, as I stumbled through the haphazard common area that was The Zombie Hotel hiding from the infernal heat of the desert sun, two twin fighter jets, their paths intertwining, disturbed the sanctity of the clear, blue afternoon sky followed by a collective roar from the city. One can imagine my dismay at rumours that the fighter jets—which I had initially assumed to be some sort of military reconnaissance—were in fact hired by the BM Organizational Committee to trace the event’s symbol in the sky. Speculation would later abound on Tribe.net (“What was up with the fighter jets?”). What had BM become after all? Figure 1: Misty Mocracy & the VoterDrive Bus. Photo: Erick Leskinen (2004). Reproduced with permission. “Radical Self-Reliance”, Neoliberalism and the “New Individualism” Despite overlap with elements of counterculture, there is something quite normative about BM from the standpoint of ideology, and thus “mainstream” in the sense of favouring values associated with what Roszak calls “industrial society”, namely consumption and capitalist labor relations. To understand this, let us examine “The Ten Principles of BM”. These include: Radical Inclusion, Gifting, Decommodification, Radical Self-Reliance, Radical Self-Expression, Communal Effort, Civic Responsibility, Leaving No Trace, Participation and Immediacy (“Ten Principles of Burning Man”). These categories speak to BM’s strong connection to the counterculture. For example, “Decommodification” is a rejection of consumerism in favour of a culture of giving; “Immediacy” rejects mediation, and “Participation” stresses transformative change. Many of these categories also evoke political agonism, for example “Radical Inclusion” requires that “anyone may be a part of Burning Man”, and “Radical Self-Expression”, which suggests that no one other than the gift-giver can determine the content of the message. Finally, there are categories that also engage with concepts associated with traditional civil society and democracy, such as “Civic Responsibility”, which refers to the “public welfare”, “Participation”, and “Communal Effort.” Though at first it may seem to connect with countercultural values, upon closer inspection “Radical Self-Reliance” aligns BM with the larger socioeconomic zeitgeist under late-capitalism, subverting its message of “Decommodification.” Here is what it says: “Burning Man encourages the individual to discover, exercise and rely on his or her inner resources.” That message is transformative, even mystical, but it aligns well with a neoliberal ideology and uncertain labor relations under late capitalism. Indeed, Elliot and Lemert explore the psychological impact of a “new individualism”, setting the self in opposition to the incoming forces of globalisation. They address the question of how individuals respond to globalisation, perhaps pathologically. Elliot and Lemert clarify the socio-psychological ramifications of economic fragmentation. They envision this as inextricably caught up with the erosion of personal identity and the necessity to please “self-absorbed others” in a multiplicity of incommensurate realities (20, 21). Individuals are not merely atomised socially but fragmented psychologically, while at the macroscopic level privatisation of the economy spawns this colonisation of the personal Lifeworld, as social things move into the realm of individualised dilemmas (42). It is interesting to note how BM’s principles (in particular “Radical Self-Reliance”) evoke this fracturing of identity as identities and realities multiply in the BRC. Furthermore, the spectre of neoliberal labour conditions on “the Playa” kicks down the door for consumer culture’s entrée. Consumer society “technicises” the project of the self as a series of problems having consumer solutions with reference to expert advice (Slater 86), BM provides that solution in the form of a transformative experience through “Participation”, and acolytes of the BM festival can be said to be deeply invested in the “experience economy” (Pine & Gilmore): “We believe that transformative change, whether in the individual or in society, can occur only through the medium of deeply personal participation” (“Ten Principles”). Yet, while BM rejects consumption as part of “Decommodification”, the event has become something of a playground for new technological elites (with a taste for pink fur and glow tape rather than wine and cheese) with some camps charging as much as US $25,000 in fees per person for the week (most charge $300) (Bilton). BM is gentrifying, or as veteran attendee Tyler Hanson put it, “Burning Man is no longer a counterculture revolution. It’s now become a mirror of society” (quoted in Bilton). Neoliberalism and “new individualism” are all around at BM, and a reading of space and spectacle in the Uchronian structure reveals this encoding. Figure 2: “Message Out of the Future by Night” (also known as “the Belgian Waffle). Photo: Laurent Chavanne (2006). Reproduced with permission. “Long Gone Hippies” Republican tax reformist Grover Norquist made his way to BM for the first time this year, joining the tech elites. He subsequently proclaimed that America had a lot to learn from BM: “The story of Burning Man is one of radical self-reliance” (Norquist). As the population of the BRC surges toward seventy thousand, it may be difficult to call BM a countercultural event any longer. Given parallels between the BM ethos and neoliberal market relations and a “new individualism”, it is hard to deny that BM is deeply intertwined with counterposing forces of globalisation. However, if you ask the participants (and Norquist) they will have a different story: After you buy your ticket to Burning Man to help pay for the infrastructure, and after you pay for your own transportation, food and water, and if you optionally decide to pay to join a camp that provides some services THEN you never have to take your wallet out while at Burning Man. Folks share food, massages, alcohol, swimming pools, trampolines, many experiences. The expenses that occur prior to the festival are very reasonable and it is wonderful to walk around free from shopping or purchasing. Pockets are unnecessary. So are clothes. (Alex & Allyson Grey) Consumerism is a means to an end in an environment where the meanings of civic participation and “giving back” to the counterculture take many forms. Moreover, Thornton argued that the varied definitions of what is “mainstream” among subcultures point more to a complex and multifaceted landscape of subculture than to any coherent agreement as to what “mainstream” actually means (101), and so perhaps our entire discussion of the counterculture/mainstream binary is moot. Perhaps there is something yet to be salvaged in the spaces of participation at BM, some agonistic activity to be harnessed. The fluid spaces of the desert are the loci of community action. Jan Kriekels, founder of the Uchronia Community, holds out some hope. The Belgian based art collective hauled 150 kilometres of lumber to the BRC in the summer of 2006 to construct a freestanding, cavernous structure with a floor space of 60 by 30 metres at its center and a height of 15 metres (they promised a reforestation of the equivalent amount of trees) (Figure 1). “Don’t mistake us for long gone hippies in the desert”, wrote Kriekels in Message Out of the Future: Uchronia Community, “we are trying to build a bridge between materialism and spiritualism” (102). The Uchronians announced themselves as not only desert nomads but nomads in time (“U” signifying “nothing” and “chronos” or “time”), their time-traveller personas designed to subvert commodification, their mysterious structure (nicknamed the “Belgian Waffle” by the burners, a painful misnomer in the eyes of the Uchronians) evoking a sense of timelessness. I remember standing within that “cathedral-like” (60) structure and feeling exhilarated and lonely and cold all at once for the chill of the desert at night, and later, much later, away from the Playa in conversations with a friend we recalled Guy Debord’s “Thesis 30”: “The spectator feels at home nowhere, for the spectacle is everywhere.” The message of the Uchronians provokes a comparison with Virilio’s conceptualisations of “world time” and “simultaneity” that emerge from globalisation and digital technologies (13), part of the rise of a “globalitarianism” (15)—“world time (‘live’) takes over from the ancient, immemorial supremacy of the local time of regions” (113). A fragmented sense of time, after all, accompanies unstable labour conditions in the 21st century. Still, I hold out hope for the “resistance” inherent in counterculture as it fosters humanity’s “bothersomely unfulfilled potentialities” (Roszak, Making 16). I wonder in closing if I have damaged the trust of burners in attempting to write about what is a transcendent experience for many. It may be argued that the space of the BRC is not merely a spectacle—rather, it contains the urban “forests of gestures” (de Certeau 102). These are the secret perambulations—physical and mental—at risk of betrayal. References An Inconvenient Truth. Dir. Davis Guggenheim. Perf. Al Gore. Paramount Pictures, 2006. Bilton, Nick. “At Burning Man, the Tech Elite One-Up One Another.” The New York Times: Fashion & Style, 20 Aug. 2014. 10 Oct. 2014 ‹http://www.nytimes.com/2014/08/21/fashion/at-burning-man-the-tech-elite-one-up-one-another.html› “Burning Man Timeline.” Burningman. 10 Oct. 2014 ‹http://burningman.org/timeline/›. “Burning Man Transitions to Non-Profit Organization.” Burningman 3 Mar. 2014. 10 Oct. 2014 ‹http://blog.burningman.com/2014/03/news/burning-man-transitions-to-non-profit-organization/›. De Bord, Guy. The Society of the Spectacle. New York: Zone, 1994. De Certeau, Michel. The Practice of Everyday Life. Berkeley, Calif.: U of California P, 1984. Dust & Illusions: 30 Years of History of Burning Man. Dir. Oliver Bonin. Perf. Jerry James, Larry Harvey, John Law. Imagine, 2009. Elliot, Anthony, and Charles Lemert. The New Individualism. New York: Routledge, 2006. Grey, Alex, and Alyson Grey. “Ticket 4066, Burning Man Study.” Message to the author. 30 Nov. 2007. E-mail. Griffith, Martin. “Burning Man Draws 66,000 People to the Nevada Desert.” The Huffington Post 2 Sep. 2014. 10 Oct. 2014 ‹http://www.huffingtonpost.com/2014/09/02/burning-man-2014_n_5751648.html›. Hebdige, Dick. Subculture: The Meaning of Style. New York: Methuen, 1979. “Jack Rabbit Speaks.” JRS 8.32 (2004). 10 Oct. 2014 ‹http://www.burningman.com/blackrockcity_yearround/jrs/vol08/jrs_v08_i32.html›. Kriekels, Jan. Message Out of the Future: Uchronia Community. 2006. 10 Oct. 2014 ‹http://issuu.com/harmenvdw/docs/uchronia-book-low#›. “Media Myths.” Burningman. 6 Nov. 2014 ‹http://www.burningman.com/press/myths.html›. Miller, Timothy. The Hippies and American Values. Knoxville: U of Tennessee P, 1999. Mouffe, Chantal. On the Political. London: Routledge, 2005. Norquist, Grover. “My First Burning Man: Confessions of a Conservative from Washington.” The Guardian 2 Sep. 2014. 10 Oct. 2014 ‹http://www.theguardian.com/commentisfree/2014/sep/02/my-first-burning-man-grover-norquist›. Pine, B. Joseph, and James H. Gilmore. The Experience Economy. Boston: Harvard Business School P, 1999. Rojek, Chris. "Leaderless Organization, World Historical Events and Their Contradictions: The ‘Burning Man’ City Case.” Cultural Sociology 8.3 (2014): 351–364. Roszak, Theodore. The Making of a Counter Culture. Oakiland, Calif.: U of California P, 1995 [1968]. Roszak, Theodore. Where the Wasteland Ends. Charlottesville, Va.: U of Virginia P, 1972. Severo, Richard. “William S. Burroughs Dies at 83.” New York Times 3 Aug. 1997. 6 Nov. 2014 ‹http://www.nytimes.com/1997/08/03/nyregion/william-s-burroughs-dies-at-83-member-of-the-beat-generation-wrote-naked-lunch.html›. Slater, Don. Consumer Culture and Modernity. Cambridge, U.K.: Polity, 1997. Taylor, Chris. “Burning Man Grows Up.” CNN: Money. 10 Oct. 2014 ‹http://money.cnn.com/magazines/business2/business2_archive/2007/07/01/100117064›. “Ten Principles of Burning Man.” Burningman. 10 Oct. 2014 ‹http://burningman.org/culture/philosophical-center/10-principles/›. Thornton, Sarah. Club Cultures: Music, Media and Subcultural Capital. Hanover, NH: Wesleyan UP, 1996. Virilio, Paul. The Information Bomb. London: Verso, 2000. “What Was Up with the Fighter Jets?” Tribe 7 Sep. 2007. 10 Oct. 2014 ‹http://bm.tribe.net/thread/84f762e0-2160-4e6e-b5af-1e35ce81a1b7›. “2008 Art Theme: American Dream.” Tribe 3 Sep. 2007. 10 Oct. 2014 ‹http://bm.tribe.net/thread/60b9b69c-001a-401f-b69f-25e9bdef95ce›.
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Clyne, Michael. "Saving Us From Them." M/C Journal 5, no. 5 (October 1, 2002). http://dx.doi.org/10.5204/mcj.1980.

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Abstract:
The public discourse on asylum seekers in the past year or so and the generation of hatred against them contains a strong linguistic element marking clear boundaries between 'ourselves' and the asylum seekers. I will discuss this linguistic dimension, which calls for vigilance and critical awareness in future discourses of exclusion. One of John Howard's political platforms in the victorious campaign, in which he replaced Paul Keating as Prime Minister was to liberate Australia of the 'political correctness' imposed by his opponents. In this respect, at least, he came close to the far right in Australian politics. For instance, he said of far right ex-Labor Independent Graeme Campbell: 'His attacks on political correctness echo many of the attacks I made on political correctness' (The Age, 18 June 1996). 'Political correctness' is a negative term for 'inclusive language' -- avoiding or being encouraged by stylistic or policy guidelines to avoid the choice of lexical items that may be offensive to sections of the population. The converse is the discourse of exclusion. Whether it excludes on the basis of ethnicity, religion, gender or any other basis, the discourse of exclusion creates a division between 'us' and 'them', partly on the basis of different lexical items for the two groups (Clyne, Establishing Linguistic Markers of Racism). Asylum seekers have been projected by politicians (especially those in the government) as not only different from the Australian people and therefore not belonging, but also as a threat to the Australian people. To demonstrate this projection it is worth considering some of the terms and formulations of exclusion and division that have been used. As Mungo MacCallum (41) argues, 'The first step was to get rid of the term 'refugee'; it has a long and honourable history and is generally used to describe people forced to flee from their homelands.' It might be more accurate to say that the government limited its use so that no honourable associations could be made with the current group of asylum seekers. There had been newspaper columns which had focused on the achievements and contributions to the nation of previous vintages of refugees; some communities consisted largely or entirely of refugees and their descendants, including some who had given longstanding support to the Liberal Party. The semantic narrowing of 'refugee' was illustrated in the Prime Minister's pronouncement (Herald-Sun, 8 Oct. 2001) when it was alleged that asylum seekers had thrown their children overboard: 'Genuine refugees don't do that'. Thus, refugee status in the public discourse was being related to their moral representation and not to any consideration of the threat of persecution in their homeland. While refugee status was officially a legal issue, when the Prime Minister interacted with the media and the voters, the asylum seekers were already excluded by guided popular opinion, for 'I don't want people like that in Australia'. The exclusionary line based on moral grounds was echoed by Alexander Downer (The Age, 8 Oct. 2001), who described the asylum seekers as lacking the civilized behaviour to be worthy to live in Australia: 'Any civilized person wouldn't dream of treating their own children that way'. So what could the asylum seekers be called? MacCallum (2002: 43) attributes to Philip Ruddock the verbal masterstroke' of reducing the identification of the asylum seekers to a 'one word label': 'unlawful'. However, this identification came in a number of facets. They were described on both sides of parliament as 'illegals', illegal arrivals', 'illegal immigrants' (e.g. Hansard, 29 Aug. 2001). All of these terms encourage the view of intrusion. In actual fact, whether people's arrival had been authorized by the government or not, there is no such thing as an 'illegal refugee'. Other descriptions ranged from 'occasional tourists' (Gary Hardgrave, Minister for Citizenship and Multicultural Affairs; House of Representatives, 30 Aug. 2001) '; to 'café latte poor' (Senator Robert Ray, former Labor Minister for Immigration), which assumes that only the poor can be refugees. Such descriptions suggested that the asylum seekers were dishonest imposters. But the term 'illegals' lowers asylum seekers to the status of 'non-people' and this gives others the licence to treat them in a way that may be different to those who are 'people'. This is reinforced by the fact that the asylum seekers are neither nice nor poor, and therefore cannot expect to attract support from the government (and, to a large extent from the opposition). The 'bully' image of the asylum seekers was propagated by comments on the behaviour of those allegedly harming their children, described by Ruddock as 'carefully planned and premeditated' (The Age, 14 Feb. 2002). It was reinforced by Peter Reith, who described the action as a 'premeditated attempt to force their way into the country' (The Age, 8 Aug. 2001). When Kim Beazley said: 'It is not unhumanitarian (sic) to try to deter criminals' (The Age, 8 Nov. 2001), he left it to our imagination or choice whether, in supporting the government's position, he wanted to defend us from the asylum seekers or from the 'people smugglers' of whom they are victims. However he put the asylum seekers directly or by association into the criminal category. The suggestion that the asylum seekers might be economic migrants masquerading as refugees enabled the government to differentiate them from 'battlers', who are likely to support action against any 'crooks' who will take the little the battlers have away from them. So far asylum seekers as 'bad cruel people' have been differentiated from 'genuine refugees' of the past, from a nation of 'civilized', gentle, child-loving people, and from Aussie 'battlers'. 'Queue-jumper' is a term that differentiates asylum seekers from both the 'mainstream' and the succession of migrants who have come at various times. This term occurs in several debates (used e.g. by Senator Ron Boswell and Kay Ellison, 29 Aug. 2001). Firstly, it invokes the twin cultural concepts of fairness and orderliness. The 'destruction' of 'political correctness' and especially Pauline Hanson's expressed views regenerated the notion that the needy were unfairly getting something for nothing that others had to work for. This included Aborigines, recently arrived migrants or refugees, single mothers, and even the disabled. The fact that there were no queues in Iraq, Afghanistan, Iran, or the Palestinian Territories in which people could stand to fill in immigration applications was not taken into account. Queuing is very much an Anglo concept of orderliness, reflecting the strong linear emphasis in British-derived cultures, even in academic discourse and school essays and in formal meetings as I have discussed elsewhere (e.g. Clyne, Inter-cultural Communication at Work). In another sense, the 'queue jumper' is a repugnant person to migrants of all backgrounds. The impression is gained from the designation that asylum seekers are taking the place in a tight quota of their relatives (or people like them) waiting to be admitted under the family reunion scheme. In actual fact, the number of asylum seekers recognized as refugees does not affect other categories such as family reunion, and in fact, the quota for the humanitarian category wasn't nearly filled in 2001. The government's handling of asylum seekers is thus underpinned by two types of moral principles -- the schoolmaster principle -- They have to behave themselves, otherwise they will be punished, and the schoolchild principle (based on the perception)-- It ain't fair; he pushed in. Another term that has played an important role in the asylum seeker discourse is 'border protection'. This term featured prominently in the 2001 election campaign, when both major parties vied to persuade voters that they were best equipped to protect Australia. It lives on in the public discourse and relates both to contemporary international politics and to traditional Australian xenophobia. The 2001 federal election was fought in the context of the terrorist attacks on the twin towers and the American-led coalition against international terrorism. Thus, the term 'border protection' was necessarily ambiguous. Was it terrorists or asylum seekers who were being kept out? Or were they perhaps the same people? Even though many of the asylum seekers were claiming to be escaping from persecution by the terrorists or those who were harbouring them. Maybe the linking association is with Islam? It is possible that 'border protection' (like the Liberal Party's 1998 election slogan 'For all of us') is also ambiguous enough to attract opponents of multiculturalism without alienating its supporters.2 Boat-loads of new arrivals have long caused fear among Australians. For much of Australia's British history, we were terrified of invasions from our north -- not just the 'yellow peril', it even included the Russians and the French, from whom Australians were protected by fortresses along the coast. This was immortalized in the final verse of the politically incorrect early version of Advance Australia Fair: Should foreign foe e'er sight our coast Or dare a foot to land, We'll rouse to arms like siers of yore To guard our native strand; Brittania then shall surely know, Beyond wide oceans roll Her sons in fair Australia's land Still keep a British soul, In joyful strains, etc. In fact, the entire original version of Advance Australia Fair has a predominantly exclusionist theme which contrasts with the inclusive values embodied in the present national anthem. While our 'politically correct' version has 'boundless plains to share' with 'those who've come across the seas', they are only open to 'loyal sons' in the original, which is steeped in colonial jingoism. The gender-inclusive 'Australians all' replaces 'Australia's sons' as the opening appellation. Are our politicians leading us back from an inclusive and open identity? I do not have space to go into the opposing discourse, which has come largely from academic social scientists, former prime ministers, and ministers of both major parties, current politicians of the minor parties, and journalists from the broadsheet press and the ABC. Objections are often raised against the 'demonisation' and 'dehumanisation' of the asylum seekers. In this short article, I have tried to demonstrate the techniques used to do this. The use of 'illegal' and 'queue jumper' to represent asylum seekers differentiates them from 'refugees' and 'migrants' and has removed them from any category with whom existing Australians should show solidarity. What makes them different is that they are cruel, even to their children, dishonest and imposters, badly behaved, unfair and disorderly – enemies of the Australian people, who want to deprive them of their sovereignty. It is interesting to see this in contrast to the comment of a spokesperson from Rural Australians for Refugees (AM, Radio National, 26 Jan. 2002): 'We can't recognise our country anymore which was based on fairness and fair go'. Notes This is based on 'When the discourse of hatred becomes respectable – does the linguist have a responsibility?', a paper presented at the Australian Linguistic Society conference at Macquarie University, July 2001. Some of the same data was discussed in 'The discourse excluding asylum seekers – have we been brainwashed?' Australian Language Matters 10: 3-10, by the same author. Research assistance from Felicity Grey is gratefully acknowledged. 2 I thank Felicity Meakins for this suggestion. References Clyne, Michael. Inter-Cultural Communication at Work. Cambridge: Cambridge University Press, 1994. Clyne, Michael. 'Establishing Linguistic Markers of Racism.' Language and Peace. Ed. C. Schäffner and A.Wenden. Dartmouth: Aldershot, 1995. 111-18. MacCallum, Mungo. Girt by Sea (Quarterly Essay). Melbourne: Black, 2002. Markus, Andrew. 'John Howard and the Naturalization of Bigotry.' The Resurgence of Racism. Ed. G.Gray and C.Winter. Clayton: Monash University, Department of History (Monash Publications in History 24), 1997. 79-86. Citation reference for this article Substitute your date of access for Dn Month Year etc... MLA Style Clyne, Michael. "Saving Us From Them" M/C: A Journal of Media and Culture 5.5 (2002). [your date of access] < http://www.media-culture.org.au/mc/0210/Clyne.html &gt. Chicago Style Clyne, Michael, "Saving Us From Them" M/C: A Journal of Media and Culture 5, no. 5 (2002), < http://www.media-culture.org.au/mc/0210/Clyne.html &gt ([your date of access]). APA Style Clyne, Michael. (2002) Saving Us From Them. M/C: A Journal of Media and Culture 5(5). < http://www.media-culture.org.au/mc/0210/Clyne.html &gt ([your date of access]).
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Muir, Cameron. "Vigilant Citizens: Statecraft and Exclusion in Dubbo City." M/C Journal 9, no. 3 (July 1, 2006). http://dx.doi.org/10.5204/mcj.2628.

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The following petition was circulated in Dubbo in May 2003: Mr Carr, We the undersigned are concerned citizens, tired of Government inaction in dealing with young children who are causing distress around our cities. Children 8, 9 & 10 year olds are roaming the streets day & night and Harassment of the elderly & Intimidation, Truancy, Enter & Steal, Vandalism and Shoplifting are causing major concern in our area. Young children, too young to deal with now, grow up bigger & stronger as they move into the adult world of crime. At present they seem to be untouchable with many people with good intentions making excuses. We need laws in place to help them toward a better future and a safer environment for us all. You have achieved much in relation to crime & punishment with Goals & we need to save this coming generation from a life of crime. Parents should be made responsible for their children’s actions. If parents can’t or won’t, the children should be placed in suitable accommodation where Self Esteem, Education, Health & Responsibilities are taught. Mr Carr, NSW has an opportunity to lead the country in what is a national problem. Anyone shopping in Dubbo’s main street in at that time would have found copies of this petition presented in neat stacks on sales counters and reception desks in the majority of retail stores and other small businesses. One month later, 11 000 people from a population of 36 000 had signed the petition. In examining why such a severe proposal arose, and why it garnered so much support, I am positioning the events in the lead up to and following the petition as part of continuing processes of domination and exclusion within race relations. The theoretical framework for this relies on Roxanne Lynn Doty’s notion of ‘statecraft’, which she draws from the work of Deleuze and Guattari. The main street in Dubbo is a place for consumption and public display. People are welcome as long as they observe the rules ‘concerned citizens’ deem appropriate for that space. The main street is the image of the town, invested with symbolic capital. Those who threaten the construction of a particular image are literally out of place. The petition is a matter of ‘race relations’, or more accurately, domination and resistance, despite no specific indications in the document’s wording. In official and pseudo-official situations in Dubbo, in local newspapers and radio, ‘uncontrollable’ had become a substitute for Aboriginal. Warren Mundine, at the time Deputy Mayor and Dubbo’s only Indigenous Councillor, said, ‘people might say “we haven’t mentioned Aboriginal kids” but everyone knows what they are talking about’ (O’Malley 3). To understand why there were calls for widespread and systematic forcible removal of Aboriginal children – a proposed measure that resonated with the darkest periods of pre-1970s style of removal – we need to contextualise it with discussion of key events in the lead up to the petition’s appearance. A local radio announcer, Leo de Kroo, whose morning talk-back show emulated the programs of metropolitan ‘shock-jocks’ instigated the petition after some months of on-air attacks on young people in Dubbo. Like some metropolitan stations, 2DU aligned itself with conservative political parties. On his show, de Kroo directly and indirectly supported Coalition policies and initiatives such as lobbying for the Parental Responsibility Act to operate in Dubbo as it does in Orange, and to lower the age at which children could be charged with crimes. De Kroo’s individual motivations is partially explained by his political opportunism, but the wider processes his actions are a part of, and the large degree of support for petition from people in Dubbo, are more interesting. De Kroo’s claim that Dubbo was a town ‘out of control’ and in a ‘bad spot with youth on the streets’ (Roberts, “Voice of Youth” 2) came at a time when crime rates were falling. In February 2003 Local Area Commander Supt Ian Lovell said that crime had dropped to ‘unheard of [levels]. Dubbo hasn’t experienced such low levels of crime in years’ (Jacobson, “Viking Cuts” 11). In March the Orana Crime Management Unit declared assaults, car accidents, malicious damage, stealing and traffic offences were down from the previous month (Jacobson, “Burglaries Falling” 4). Again in May Supt Lovell declared a similar range of crimes were down from the previous month (Jacobson, “Crime Cools” 4). Typically, stories about crime statistics were published in the middle sections of the local paper, while complaints about crime were almost invariably on the front page, but this was still a time when one might expect the community to be feeling safer in their everyday lives. However, despite consecutive months of falling crime rates, some inhabitants clearly felt insecure. This is evidenced by the support for the petition one month later, and interviews by the local newspaper, such as one with main street retailers who said they believed crime was spiralling out of control, that children were ‘terrorising staff’, that it was no longer safe to go to work, and that it was a matter of time before a shop assistant would be ‘stuck’ with a drug user’s needle (Jacobson, “We’re Sick of It” 1). To examine this situation I am turning to Doty’s concept of ‘statecraft’, desire and exclusion, which she bases on the work of Deleuze and Guattari. Doty draws on Deleuze and Guattari’s concept of desire to suggest ‘the state’ is always an unattainable desire for order. Desire for Deleuze and Guattari is ‘not a lack or fantasy or pleasure’ (Doty 1) but instead is a free flowing energy, a creative flow of production, that is coded and channelled by forces within the social body (Deleuze and Guattari). Social practices that channel and code desire create systems of meanings, values, hierarchies, inclusions and exclusions (Doty). So desire possesses the simultaneous potential for liberating, breaking down and deterritorialising, as well as for repression, segmentation and reterritorialisation. Deleuze and Guattari see this tension as existing in two poles of desire: ‘the schizophrenic pole deterritorialises and threatens to destroy the codes that inscribe meaning to social forms. The paranoiac pole presses for order and contains an inherent tendency toward despotism, repression, fascism’ (Doty 10). These poles, in Deleuze and Guattari’s writing, are tied to economic systems. Doty, paraphrasing Karl Polaryi – a philosopher whose work critiques liberal economic systems – says that ‘the self-adjusting market of capitalism could not exist for any length of time without annihilating society’ (qtd. in Doty 7). The destabilising flows of liberal economies are always countered by some form of governmentality which reinforces society through welfare, regulation and other protections and interventions. Capitalism ‘liberates flows of desire, but under the social conditions that define its limits and its own dissolution’ (Deleuze and Guattari 139). Capitalism belongs to the fluid pole of desire, the schizophrenic pole, and the fixing, regulating forces of ‘the state’ belong to the paranoiac pole. The state, then, is a desire for order, a movement towards fixedness, rigidness. Doty calls the set of practices that enable these movements ‘statecraft’. It is Doty’s conception of ‘the state’ and statecraft that I have tried to apply to the events that took place in Dubbo. ‘We can speak of “the state” only in a very provisional sense. It is not unitary. It is not an actor. It is not even a concrete “thing”… There is no such thing as “the state”, only a powerful desire that pervades the social realm’ (Doty 12). For Doty, the state is nothing but practices of statecraft that can originate in government bureaucracies, churches, corporations, theatres, newspapers, in our backyards, in our living rooms and bedrooms. They can come from the Federal or State Government, the local Council, the editor of the local newspaper, a journalist, a documentary maker, teenagers exchanging SMSes, the gossip mongers in the street and couples drinking tea in their kitchens. There were a number of key events in the lead up to the release of the petition in Dubbo that exacerbated the paranoiac pole of desire, the desire for order. At the start of 2003 the Federal Government was running an anti-terrorism campaign through television ads and later through a kit delivered to households across Australia. This was to generate fear to try to garner support for its involvement in the invasion of Iraq in March 2003. Also, election campaigns for the March State elections were run on Law and Order platforms. The NSW Government organised an Operation Viking which took place in Dubbo and was the largest police operation ever undertaken outside of Sydney (Jacobson, “Viking Cuts” 11). Hundreds of police officers were bussed in from Sydney and other cities and the ‘high visibility’ policing action included the use of a helicopter which shone a spotlight into people’s backyards. One local Councillor said the operation gave the impression there was ‘some national emergency’ (Jacobson, “Police” 1). Indicative of the tendency for these actions generate more fear are the comments of Supt Lovell, ‘I feel upset when people have to be briefed and calmed down after an operation that was designed to do just that’ (Roberts, “Operation” 1). Then in April there was an arson attack on Dubbo’s Council buildings. The offices were razed and this event is significant because the high public profile and uncommon nature of the incident, and because the accused perpetrators were the same ‘uncontrollable’ children said to be roaming the streets. These events contributed to an elevated sense of fear an anxiety around the same time the petition was circulated despite the fact that crime figures were falling. Indeed, the bulk of the complaints against ‘uncontrollable children’ were not that they were committing any particular crimes. The main street retailers quoted earlier felt intimidated by their presence. The complaints were of ‘antisocial behaviour’ and of minor annoyances incommensurable to the drastic and violent measures called for to deal with perceived problems. Their alleged swearing, spitting and talking in groups – in essence, their mere presence on the street – made people feel unsafe. This is due to a facet of statecraft – the exclusion of certain groups who are deemed antithetical to the social order. Doty notes the poor are often those rendered a threat to social order because of their lack of fixedness, their perceived lack of morals, the public display of behaviour the inside group consider private, and the different priorities relative to the inside group. Any threats to the social order are dealt with violently, as practices of statecraft inherently tend towards violence (Doty). In this case, the call for Government to forcibly remove children is violent, but it can also manifest in vigilante action, over zealous arrests, or casual assaults on the streets of Dubbo. Aboriginal people become an ‘excluded other that is itself constituted by the social order from which it is excluded’ (Doty 14). Practices of statecraft create excluded groups (Indigenous people’s claim to land is certainly antithetical to the social order of colonisers) and these outside groups in turn become feared by the inside group. The petition was never submitted to the Premier, nor tabled in parliament in its own right. Instead it was simply used by NSW National Party leader Andrew Stoner to strengthen his arguments for lowering the age at which children could be charged for crimes. The fact that it was not submitted to the Premier suggests the aim of the petition was to create a sense that all Aboriginal adults are criminals, and that Aboriginal culture is an inherently criminal one. ‘Young children, too young to deal with now, grow up bigger & stronger as they move into the adult world of crime’ (Petition). A local Aboriginal leader, after convening a meeting in response to the petition, said, ‘thinly-veiled comments made on radio and circulating within the community made it clear a lot of Dubbo residents believed Aboriginal people were to blame for all the city’s ills’ (Hodder, “Meeting” 2). The purpose of the petition is to justify exclusion of anyone deemed a threat to the stability of the social order. The Carr government dismissed calls for children to be removed from their parents, but responded to the petition by declaring there would be more Operation Vikings for Dubbo (Stone 1). The desire for order, an order always unattainable, intensified by generation of fear, has enabled vigilante action on the streets of Dubbo. The action targets those the petition constructed as ‘uncontrollable’. Retailers in the CBD have set up networks amongst themselves, with the help of cameras, mobile phones and sirens to assail anyone they suspect of being threatening, or of shoplifting or making a mess of their stores (Hodder, “Retailers” 10). Recently ‘I [heart] Dubbo’ T-shirts were manufactured in a campaign to counter the negative media coverage generated by the petition and subsequent racial tensions. It was a defiant display of localism that seemed specifically designed to shun criticisms of Dubbo-style race relations and separate those who say they want success for the town from those who are said to want to destroy it. After identifying practices of statecraft in this series of events, what is needed is an examination of methods and practices for evading or deterritorialising movements towards order. References Deleuze, Gilles, and Félix Guattari. Anti-Oedipus : Capitalism and Schizophrenia. Minneapolis: University of Minnesota Press, 1983. Doty, Roxanne Lynn. Anti-Immigrantism in Western Democracies : Statecraft, Desire and the Politics of Exclusion. New York, N.Y.: Routledge, 2003. Hodder, S. “Meeting Declared a Success.” Daily Liberal 12 June 2003: 2. ———. “Retailers Call on Each Other to Fight Thieves.” Daily Liberal 10 November 2004: 2. Jacobson, B. “Viking Cuts City Crime: Police Chief.” Daily Liberal 6 February 2003: 11. ———. “Burglaries Falling.” Daily Liberal 5 March 2003: 4. ———. “Crime Cools Down.” Daily Liberal 6 May 2003: 4. ———. “Police ‘Picked on’ Youth in Blitz.” Daily Liberal 5 February 2003: 1. ———. “We’re Sick of It.” Daily Liberal 3 April 2003: 1. O’Malley, N. “Brogden Backs Dubbo Radio Host’s Hard Line on Child Crime.” Sydney Morning Herald 19 June 2003: 3. Roberts, N. “Operation ‘Was Not Perfect’.” Daily Liberal 7 February 2003: 1. ———. “Voice of Youth to Be Heard across Radio Airwaves.” Daily Liberal 9 May 2003: 2. Stone, K. “Carr Takes Control.” Daily Liberal 18 June 2003: 1. Citation reference for this article MLA Style Muir, Cameron. "Vigilant Citizens: Statecraft and Exclusion in Dubbo City." M/C Journal 9.3 (2006). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0607/02-muir.php>. APA Style Muir, C. (Jul. 2006) "Vigilant Citizens: Statecraft and Exclusion in Dubbo City," M/C Journal, 9(3). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0607/02-muir.php>.
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17

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

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Introduction Darkness is often characterised as something that warrants heightened caution and scrutiny – signifying increased danger and risk. Within settler-colonial settings such as Australia, cautionary and negative connotations of darkness are projected upon Black people and their bodies, forming part of continuing colonial regimes of power (Moreton-Robinson). Negative stereotypes of “dark” continues to racialise all Indigenous peoples. In Australia, Indigenous peoples are both Indigenous and Black regardless of skin colour, and this plays out in a range of ways, some of which will be highlighted within this article. This article demonstrates that for Indigenous peoples, associations of fear and danger are built into the structural mechanisms that shape and maintain colonial understandings of Indigenous peoples and their bodies. It is this embodied form of darkness, and its negative connotations, and responses that we explore further. Figure 1: Megan Cope’s ‘I’m not afraid of the Dark’ t-shirt (Fredericks and Heemsbergen 2021) Responding to the anxieties and fears of settlers that often surround Indigenous peoples, Quandamooka artist and member of the art collective ProppaNow, Megan Cope, has produced a range of t-shirts, one of which declares “I’m not afraid of the Dark” (fig. 1). The wording ‘reflects White Australia’s fear of blackness’ (Dark + Dangerous). Exploring race relations through the theme of “darkness”, we begin by discussing how negative connotations of darkness are represented through everyday lexicons and how efforts to shift prejudicial and racist language are often met with defensiveness and resistance. We then consider how fears towards the dark translate into everyday practices, reinforced by media representations. The article considers how stereotype, conjecture, and prejudice is inflicted upon Indigenous people and reflects white settler fears and anxieties, rooting colonialism in everyday language, action, and norms. The Language of Fear Indigenous people and others with dark skin tones are often presented as having a proclivity towards threatening, aggressive, deceitful, and negative behaviours. This works to inform how Indigenous peoples are “known” and responded to by hegemonic (predominantly white) populations. Negative connotations of Indigenous people are a means of reinforcing and legitimising the falsity that European knowledge systems, norms, and social structures are superior whilst denying the contextual colonial circumstances that have led to white dominance. In Australia, such denial corresponds to the refusal to engage with the unceded sovereignty of Aboriginal peoples or acknowledge Indigenous resistance. Language is integral to the ways in which dominant populations come to “know” and present the so-called “Other”. Such language is reflected in digital media, which both produce and maintain white anxieties towards race and ethnicity. When part of mainstream vernacular, racialised language – and the value judgments associated with it – often remains in what Moreton-Robinson describes as “invisible regimes of power” (75). Everyday social structures, actions, and habits of thought veil oppressive and discriminatory attitudes that exist under the guise of “normality”. Colonisation and the dominance of Eurocentric ways of knowing, being, and doing has fixated itself on creating a normality that associates Indigeneity and darkness with negative and threatening connotations. In doing so, it reinforces power balances that presents an image of white superiority built on the invalidation of Indigeneity and Blackness. White fears and anxieties towards race made explicit through social and digital media are also manifest via subtle but equally pervasive everyday action (Carlson and Frazer; Matamoros-Fernández). Confronting and negotiating such fears becomes a daily reality for many Indigenous people. During the height of the 2020 Black Lives Matter protests in the United States, which extended to Australia and were linked to deaths in custody and police violence, African American poet Saul Williams reminded his followers of the power of language in constructing racialised fears (saulwilliams). In an Instagram post, Williams draws back the veil of an uncontested normality to ask that we take personal responsibility over the words we use. He writes: here’s a tip: Take the words DARK or BLACK in connection to bad, evil, ominous or scary events out of your vocabulary. We learn the stock market crashed on Black Monday, we read headlines that purport “Dark Days Ahead”. There’s “dark” or “black” humour which implies an undertone of evil, and then there are people like me who grow up with dark skin having to make sense of the English/American lexicon and its history of “fair complexions” – where “fair” can mean “light; blond.” OR “in accordance with rules or standards; legitimate.” We may not be fully responsible for the duplicitous evolution of language and subtle morphing of inherited beliefs into description yet we are in full command of the words we choose even as they reveal the questions we’ve left unasked. Like the work of Moreton-Robinson and other scholars, Williams implores his followers to take a reflexive position to consider the questions often left unasked. In doing so, he calls for the transcendence of anonymity and engagement with the realities of colonisation – no matter how ugly, confronting, and complicit one may be in its continuation. In the Australian context this means confronting how terms such as “dark”, “darkie”, or “darky” were historically used as derogatory and offensive slurs for Aboriginal peoples. Such language continues to be used today and can be found in the comment sections of social media, online news platforms, and other online forums (Carlson “Love and Hate”). Taking the move to execute personal accountability can be difficult. It can destabilise and reframe the ways in which we understand and interact with the world (Rose 22). For some, however, exposing racism and seemingly mundane aspects of society is taken as a personal attack which is often met with reactionary responses where one remains closed to new insights (Whittaker). This feeds into fears and anxieties pertaining to the perceived loss of power. These fears and anxieties continue to surface through conversations and calls for action on issues such as changing the date of Australia Day, the racialised reporting of news (McQuire), removing of plaques and statues known to be racist, and requests to change placenames and the names of products. For example, in 2020, Australian cheese producer Saputo Dairy Australia changed the name of it is popular brand “Coon” to “Cheer Tasty”. The decision followed a lengthy campaign led by Dr Stephen Hagan who called for the rebranding based on the Coon brand having racist connotations (ABC). The term has its racist origins in the United States and has long been used as a slur against people with dark skin, liking them to racoons and their tendency to steal and deceive. The term “Coon” is used in Australia by settlers as a racist term for referring to Aboriginal peoples. Claims that the name change is example of political correctness gone astray fail to acknowledge and empathise with the lived experience of being treated as if one is dirty, lazy, deceitful, or untrustworthy. Other brand names have also historically utilised racist wording along with imagery in their advertising (Conor). Pear’s soap for example is well-known for its historical use of racist words and imagery to legitimise white rule over Indigenous colonies, including in Australia (Jackson). Like most racial epithets, the power of language lies in how the words reflect and translate into actions that dehumanise others. The words we use matter. The everyday “ordinary” world, including online, is deeply politicised (Carlson and Frazer “They Got Filters”) and comes to reflect attitudes and power imbalances that encourage white people to internalise the falsity that they are superior and should have control over Black people (Conor). Decisions to make social change, such as that made by Saputo Dairy Australia, can manifest into further white anxieties via their ability to force the confrontation of the circumstances that continue to contribute to one’s own prosperity. In other words, to unveil the realities of colonialism and ask the questions that are too often left in the dark. Lived Experiences of Darkness Colonial anxieties and fears are driven by the fact that Black populations in many areas of the world are often characterised as criminals, perpetrators, threats, or nuisances, but are rarely seen as victims. In Australia, the repeated lack of police response and receptivity to concerns of Indigenous peoples expressed during the Black Lives Matter campaign saw tens of thousands of people take to the streets to protest. Protestors at the same time called for the end of police brutality towards Indigenous peoples and for an end to Indigenous deaths in custody. The protests were backed by a heavy online presence that sought to mobilise people in hope of lifting the veil that shrouds issues relating to systemic racism. There have been over 450 Aboriginal and Torres Strait Islander people to die in custody since the end of the Royal Commission into Aboriginal Deaths in Custody in 1991 (The Guardian). The tragedy of the Indigenous experience gains little attention internationally. The negative implications of being the object of white fear and anxiety are felt by Indigenous and other Black communities daily. The “safety signals” (Daniella Emanuel) adopted by white peoples in response to often irrational perceptions of threat signify how Indigenous and other Black peoples and communities are seen and valued by the hegemony. Memes played out in social media depicting “Karens” – a term that corresponds to caricaturised white women (but equally applicable to men) who exhibit behaviours of entitlement – have increasing been used in media to expose the prevalence of irrational racial fears (also see Wong). Police are commonly called on Indigenous people and other Black people for simply being within spaces such as shopping malls, street corners, parks, or other spaces in which they are considered not to belong (Mohdin). Digital media are also commonly envisioned as a space that is not natural or normal for Indigenous peoples, a notion that maintains narratives of so-called Indigenous primitivity (Carlson and Frazer). Media connotations of darkness as threatening are associated with, and strategically manipulated by, the images that accompany stories about Indigenous peoples and other Black peoples. Digital technologies play significant roles in producing and disseminating the images shown in the media. Moreover, they have a “role in mediating and amplifying old and new forms of abuse, hate, and discrimination” (Matamoros-Fernández and Farkas). Daniels demonstrates how social media sites can be spaces “where race and racism play out in interesting, sometimes disturbing, ways” (702), shaping ongoing colonial fears and anxieties over Black peoples. Prominent footballer Adam Goodes, for example, faced a string of attacks after he publicly condemned racism when he was called an “Ape” by a spectator during a game celebrating Indigenous contributions to the sport (Coram and Hallinan). This was followed by a barrage of personal attacks, criticisms, and booing that spread over the remaining years of his football career. When Goodes performed a traditional war dance as a form of celebration during a game in 2015, many turned to social media to express their outrage over his “confrontational” and “aggressive” behaviour (Robinson). Goodes’s affirmation of his Indigeneity was seen by many as a threat to their own positionality and white sensibility. Social media were therefore used as a mechanism to control settler narratives and maintain colonial power structures by framing the conversation through a white lens (Carlson and Frazer “They Got Filters”). Indigenous peoples in other highly visible fields have faced similar backlash. In 1993, Elaine George was the first Aboriginal person to feature on the cover of Vogue magazine, a decision considered “risky” at the time (Singer). The editor of Vogue later revealed that the cover was criticised by some who believed George’s skin tone was made to appear lighter than it actually was and that it had been digitally altered. The failure to accept a lighter skin colour as “Aboriginal” exposes a neglect to accept ethnicity and Blackness in all its diversity (Carlson and Frazer “They Got Filters”; Carlson “Love and Hate”). Where Adam Goodes was criticised for his overt expression of Blackness, George was critisised for not being “black enough”. It was not until seventeen years later that another Aboriginal model, Samantha Harris, was featured on the cover of Vogue (Marks). While George inspired and pathed the way for those to come, Harris experienced similar discrimination within the industry and amongst the public (Carson and Ky). Singer Jessica Mauboy (in Hornery) also explains how her identity was managed by others. She recalls, I was pretty young when I first received recognition, and for years I felt as though I couldn't show my true identity. What I was saying in public was very dictated by other people who could not handle my sense of culture and identity. They felt they had to take it off my hands. Mauboy’s experience not only demonstrates how Blackness continues to be seen as something to “handle”, but also how power imbalances play out. Scholar Chelsea Watego offers numerous examples of how this occurs in different ways and arenas, for example through relationships between people and within workplaces. Bargallie’s scholarly work also provides an understanding of how Indigenous people experience racism within the Australian public service, and how it is maintained through the structures and systems of power. The media often represents communities with large Indigenous populations as being separatist and not contributing to wider society and problematic (McQuire). Violence, and the threat of violence, is often presented in media as being normalised. Recently there have been calls for an increased police presence in Alice Springs, NT, and other remotes communities due to ongoing threats of “tribal payback” and acts of “lawlessness” (Sky News Australia; Hildebrand). Goldberg uses the phrase “Super/Vision” to describe the ways that Black men and women in Black neighbourhoods are continuously and erroneously supervised and surveilled by police using apparatus such as helicopters and floodlights. Simone Browne demonstrates how contemporary surveillance practices are rooted in anti-black domination and are operationalised through a white gaze. Browne uses the term “racializing surveillance” to describe a ”technology of social control where surveillance practices, policies, and performances concern the production of norms pertaining to race and exercise a ‘power to define what is in or out of place’” (16). The outcome is often discriminatory treatment to those negatively racialised by such surveillance. Narratives that associate Indigenous peoples with darkness and danger fuel colonial fears and uphold the invisible regimes of power by instilling the perception that acts of surveillance and the restrictions imposed on Indigenous peoples’ autonomy are not only necessary but justified. Such myths fail to contextualise the historic colonial factors that drive segregation and enable a forgetting that negates personal accountability and complicity in maintaining colonial power imbalances (Riggs and Augoustinos). Inayatullah and Blaney (165) write that the “myth we construct calls attention to a darker, tragic side of our ethical engagement: the role of colonialism in constituting us as modern actors.” They call for personal accountability whereby one confronts the notion that we are both products and producers of a modernity rooted in a colonialism that maintains the misguided notion of white supremacy (Wolfe; Mignolo; Moreton-Robinson). When Indigenous and other Black peoples enter spaces that white populations don’t traditionally associate as being “natural” or “fitting” for them (whether residential, social, educational, a workplace, online, or otherwise), alienation, discrimination, and criminalisation often occurs (Bargallie; Mohdin; Linhares). Structural barriers are erected, prohibiting career or social advancement while making the space feel unwelcoming (Fredericks; Bargallie). In workplaces, Indigenous employees become the subject of hyper-surveillance through the supervision process (Bargallie), continuing to make them difficult work environments. This is despite businesses and organisations seeking to increase their Indigenous staff numbers, expressing their need to change, and implementing cultural competency training (Fredericks and Bargallie). As Barnwell correctly highlights, confronting white fears and anxieties must be the responsibility of white peoples. When feelings of shock or discomfort arise when in the company of Indigenous peoples, one must reflexively engage with the reasons behind this “fear of the dark” and consider that perhaps it is they who are self-segregating. Mohdin suggests that spaces highly populated by Black peoples are best thought of not as “black spaces” or “black communities”, but rather spaces where white peoples do not want to be. They stand as reminders of a failed colonial regime that sought to deny and dehumanise Indigenous peoples and cultures, as well as the continuation of Black resistance and sovereignty. Conclusion In working towards improving relationships between Black and white populations, the truths of colonisation, and its continuing pervasiveness in local and global settings must first be confronted. In this article we have discussed the association of darkness with instinctual fears and negative responses to the unknown. White populations need to reflexively engage and critique how they think, act, present, address racism, and respond to Indigenous peoples (Bargallie; Moreton-Robinson; Whittaker), cultivating a “decolonising consciousness” (Bradfield) to develop new habits of thinking and relating. To overcome fears of the dark, we must confront that which remains unknown, and the questions left unasked. This means exposing racism and power imbalances, developing meaningful relationships with Indigenous peoples, addressing structural change, and implementing alternative ways of knowing and doing. Only then may we begin to embody Megan Cope’s message, “I’m not afraid of the Dark”. Acknowledgements We thank Dr Debbie Bargallie for her feedback on our article, which strengthened the work. References ABC News. 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Reid Boyd, Elizabeth, Madalena Grobbelaar, Eyal Gringart, Alise Bender, and Rose Williams. "Introducing ‘Intimate Civility’: Towards a New Concept for 21st-Century Relationships." M/C Journal 22, no. 1 (March 13, 2019). http://dx.doi.org/10.5204/mcj.1491.

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Abstract:
Fig. 1: Photo by Miguel Orós, from unsplash.comFeminism has stalled at the bedroom door. In the post-#metoo era, more than ever, we need intimate civil rights in our relationships to counter the worrisome prevailing trends: Intimate partner violence. Interpersonal abuse. Date rape. Sexual harassment. Online harassment. Bullying. Rage. Sexual Assault. Abusive relationships. Revenge porn. There’s a lot of damage done when we get up close and personal. In the 21st century, we have come far in terms of equality and respect between the genders, so there’s a lot to celebrate. We also note that the Australian government has stepped in recently with the theme ‘Keeping Australians safe and secure’, by pledging $78 million to combat domestic violence, much of which takes place behind closed doors (Morrison 2019). Herein lies the issue: while governments legislate to protect victims of domestic violence — out of the public eye, private behaviours cannot be closely monitored, and the lack of social enforcement of these laws threatens the safety of intimate relationships. Rather, individuals are left to their own devices. We outline here a guideline for intimate civility, an individually-embraced code of conduct that could guide interpersonal dynamics within the intimate space of relationships. Civility does not traditionally ‘belong’ in our most intimate relationships. Rather, it’s been presumed, even idealised, that intimacy in our personal lives transcends the need for public values to govern relationships between/among men and women (i.e., that romantic love is all you need). Civility developed as a public, gendered concept. Historically, a man’s home – and indeed, his partner – became his dominion, promoting hegemonic constructions of masculinity, and values that reflect competition, conquest, entitlement and ownership. Moreover, intimate relationships located in the private domain can also be considered for/by both men and women a retreat, a bastion against, or excluded from the controls and demands of the public or ‘polis’ - thus from the public requirement for civility, further enabling its breakdown. The feminist political theorist Carole Pateman situated this historical separation as an inheritance of Hegel’s double dilemma: first, a class division between civil society and the state (between the economic man/woman, or private enterprise and public power) and second, a patriarchal division between the private family (and intimate relationships) and civil society/the state. The private location, she argues, is “an association constituted by ties of love, blood … subjection and particularity” rather than the public sphere, “an association of free and equal individuals” (225). In Hegel’s dilemma, personal liberty is a dualism, only constructed in relation to a governed, public (patriarchal) state. Alternately, Carter depicts civility as a shared moral good, where civility arises not only because of concern over consequences, but also demonstrates our intrinsic moral obligation to respect people in general. This approach subsequently challenges our freedom to carry out private, uncivil acts within a truly civil society.Challenges to Gender EthicsHow can we respond to this challenge in gender ethics? Intimate civility is a term coined by Elizabeth Reid Boyd and Abigail Bray. It came out of their discussions proposing “a new poetics of romance” which called for rewritten codes of interpersonal conduct, an “entente cordiale; a cordial truce to end the sex wars”. Reid Boyd and Bray go further:Politeness is personal and political. We reclaim courtesy as applied sexual and social ethics, an interpersonal, intimate ethics, respectful and tolerant of difference. Gender ethics must be addressed, for they have global social and cultural ramifications that we should not underestimate. (xx)As researchers, we started to explore the idea of intimate civility in interpersonal violence, developing an analysis using social construction and attachment theory simultaneously. In defining the term, we soon realised the concept had wider applications that could change how we think about our most intimate relationships – and how we behave in them. Conceptualising intimate civility involves imagining rights and responsibilities within the private sphere, whether or not loving, familial and natural. Intimate civility can operate through an individually embraced code of conduct to guide interpersonal dynamics within the intimate space of relationships.Gringart, Grobbelaar, and Bender explored the concept of intimate civility by investigating women’s perspectives on what may harmonise their intimate relationships. Women’s most basic desires included safety, equality and respect in the bedroom. In other words, intimate civility is an enactment of human-rights, the embodiment of regard for another human being, insofar as it is a form of ensuring physical and mental integrity, life, safety and protection of all beings. Thus, if intimate civility existed as a core facet of each individual’s self-concept, the manifestation of intimate partner violence ideally would not occur. Rage, from an intimate civility perspective, rips through any civil response and generates misconduct towards another. When we hold respect for others as equal moral beings, civility is key to contain conflicts, which prevents the escalation of disagreements into rage. Intimate civility proposes that civility becomes the baseline behaviour that would be reciprocated between two individuals within the private domain of intimate relationships. Following this notion, intimate civility is the foremost casualty in many relationships characterised by intimate partner violence. The current criminalisation of intimate partner violence leaves unexplored the previously privatised property of the relational – including the inheritance of centuries of control of women’s bodies and sexuality – and how far, in this domain, notions of civility might liberate and/or oppress. The feminist philosopher Luce Irigaray argues that these kinds of ‘sexuate rights’ must apply to both men and women and the reality of their needs and desires. Equality, she argued, could not be achieved without a rewriting of the rights and obligations of each sex, qua different, in social rights and obligations (Yan).Synonyms for intimacy include, amongst others, closeness, attachment, togetherness, warmth, mutual affection, familiarity and privacy. Indirectly, sexual relations are also often synonymous with intimate relationships. However, sex is not intimacy, as both sex and intimacy both exist without the other. Bowlby proposed that throughout our lives we are attentive to the responsiveness and the availability of those that we are attached to, and suggested that “intimate attachments to other human beings are the hub around which a person’s life revolves, not only when he is an infant or a toddler, but throughout his adolescence and his years of maturity as well, and on into old age” (442). Although love is not by nature reciprocal, in intimacy we seek reciprocity – to love one another at the same time in a shared form of commitment. Kierkegaard hypothesised that genuine love is witnessed by one continuing to love another after their death as it obviates any doubt that the beloved was loved and was not merely instrumental (Soble).Intimate Civility as a Starting PointCivility includes qualities such as trust, duty, morality, sacrifice, self-restraint, respect, and fairness; a common standard allowing individuals to work, live and associate together. Intimacy encourages caring, loyalty, empathy, honesty, and self-knowledge. Thus, intimate civility should begin with those closest to us; being civil in our most intimate relationships. It advocates the genuine use of terms of endearment, not terms of abuse. We can only develop qualities such as morality and empathy, crucial for intimate relationships, if we have experienced secure, intimate relationships. Individuals reared in homes devoid of intimate civility will be challenged to identify and promote the interest or wellbeing of their intimate counterparts, and have to seek outside help to learn these skills: it is a learnt behaviour, both at an interpersonal and societal level. Individuals whose parents were insensitive to their childhood needs, and were unable to perceive, interpret and respond appropriately to their subtle communications, signals, wishes and mood will be flailing in this interpersonal skill (Holmes and Slade). Similarly, the individual’s inclusion in a civil society will only be achieved if their surrounding environment promotes and values virtues such as compassion, fairness and cooperation. This may be a challenging task. We envisage intimate civility as a starting point. It provides a focus to discuss and explore civil rights, obligations and responsibilities, between and among women and men in their personal relationships. As stated above, intimate civility begins with one's relationship with oneself and the closest relationships in the home, and hopefully reaches outwards to all kinds of relationships, including same sex, transgender, and other roles within non-specific gender assignment. Therefore, exploring the concept of intimate civility has applications in personal therapy, family counselling centres and relationship counselling environments, or schools in sexual education, or in universities promoting student safety. For example, the 2019 “Change the Course” report was recently released to augment Universities Australia’s 2016 campaign that raised awareness on sexual assault on campus. While it is still under development, we envision that intimate civility decalogue outlined here could become a checklist to assist in promoting awareness regarding abuse of power and gender roles. A recent example of cultural reframing of gender and power in intimate relationships is the Australian Government’s 2018 Respect campaign against gender violence. These recent campaigns promote awareness that intimate civility is integrated with a more functional society.These campaigns, as the images demonstrate, aim at quantifying connections between interactions on an intimate scale in individual lives, and their impacts in shaping civil society in the arena of gender violence. They highlight the elasticity of the bonds between intimate life and civil society and our collective responsibility as citizens for reworking both the gendered and personal civility. Fig. 2: Photo by Tyler Nix: Hands Spelling Out LOVE, from unsplash.comThe Decalogue of Intimate Civility Overall, police reports of domestic violence are heavily skewed towards male on female, but this is not always the case. The Australian government recently reported that “1 in 6 Australian women and 1 in 16 men have been subjected, since the age of 15, to physical and/or sexual violence by a current or previous cohabiting partner” (Australian Institutes of Health and Welfare). Rather than reiterating the numbers, we envisage the decalogue (below) as a checklist of concepts designed to discuss and explore rights, obligations and responsibilities, between and among both partners in their intimate relationships. As such, this decalogue forms a basis for conversation. Intimate civility involves a relationship with these ten qualities, with ourselves, and each other.1) Intimate civility is personal and political. Conceptualising intimate civility involves imagining rights and responsibilities within the private sphere. It is not an impingement on individual liberty or privacy but a guarantor of it. Civil society requires us not to defend private infringements of inter-personal respect. Private behaviours are both intimate in their performance and the springboard for social norms. In Geoffrey Rush’s recent defamation case his defence relied not on denying claims he repeatedly touched his fellow actor’s genitalia during their stage performance in a specific scene, despite her requests to him that he stop, but rather on how newspaper reporting of her statements made him out to be a “sexual pervert”, reflecting the complex link between this ‘private’ interaction between two people and its very public exposé (Wells). 2) Intimate civility is an enactment of a civil right, insofar as it is a form of ensuring physical and mental integrity, life, safety and protection. Intimate civility should begin with those closest to us. An example of this ethic at work is the widening scope of criminalisation of intimate partner abuse to include all forms of abusive interactions between people. Stalking and the pre-cursors to physical violence such as controlling behaviours, online bullying or any actions used to instil fear or insecurity in a partner, are accorded legal sanctions. 3) Intimate civility is polite. Politeness is more than manners. It relates to our public codes of conduct, to behaviours and laws befitting every civilian of the ‘polis’. It includes the many acts of politeness that are required behind closed doors and the recognition that this is the place from which public civility emerges. For example, the modern parent may hope that what they sanction as “polite” behaviour between siblings at home might then become generalised by the child into their public habits and later moral expectations as adults. In an ideal society, the micro-politics of family life become the blueprint for moral development for adult expectations about personal conduct in intimate and public life.4) Intimate civility is equitable. It follows Luce Irigaray’s call for ‘sexuate rights’ designed to apply to men and women and the reality of their needs and desires, in a rewriting of the social rights and obligations of each sex (Yan and Irigaray). Intimate civility extends this notion of rights to include all those involved in personal relations. This principle is alive within systemic family therapy which assumes that while not all members of the family system are always able to exert equal impacts or influence, they each in principle are interdependent participants influencing the system as a whole (Dallos and Draper). 5) Intimate civility is dialectical. The separation of intimacy and civility in Western society and thought is itself a dualism that rests upon other dualisms: public/private, constructed/natural, male/female, rational/emotional, civil/criminal, individual/social, victim/oppressor. Romantic love is not a natural state or concept, and does not help us to develop safe governance in the world of intimate relationships. Instead, we envisage intimate civility – and our relationships – as dynamic, dialectical, discursive and interactive, above and beyond dualism. Just as individuals do not assume that consent for sexual activity negotiated in one partnership under a set of particular conditions, is consent to sexual activity in all partnerships in any conditions. So, dialectics of intimate civility raises the expectation that what occurs in interpersonal relationships is worked out incrementally, between people over time and particular to their situation and experiences. 6) Intimate civility is humane. It can be situated in what Julia Kristeva refers to as the new humanism, emerging (and much needed) today. “This new humanism, interaction with others – all the others – socially marginalised, racially discriminated, politically, sexually, biologically or psychically persecuted others” (Kristeva, 2016: 64) is only possible if we immerse ourselves in the imaginary, in the experience of ‘the other’. Intimate civility takes on a global meaning when human rights action groups such as Amnesty International address the concerns of individuals to make a social difference. Such organisations develop globally-based digital platforms for interested individuals to become active about shared social concerns, understanding that the new humanism ethic works within and between individuals and can be harnessed for change.7) Intimate civility is empathic. It invites us to create not-yet-said, not-yet-imagined relationships. The creative space for intimate civility is not bound by gender, race or sexuality – only by our imaginations. “The great instrument of moral good is the imagination,” wrote the poet Shelley in 1840. Moral imagination (Reid Boyd) helps us to create better ways of being. It is a form of empathy that encourages us to be kinder and more loving to ourselves and each other, when we imagine how others might feel. The use of empathic imagination for real world relational benefits is common in traditional therapeutic practices, such as mindfulness, that encourages those struggling with self compassion to imagine the presence of a kind friend or ally to support them at times of hardship. 8) Intimate civility is respectful. Intimate civility is the foremost casualty in many relationships characterised by forms of abuse and intimate partner violence. “Respect”, wrote Simone Weil, “is due to the human being as such, and is not a matter of degree” (171). In the intimate civility ethic this quality of respect accorded as a right of beings is mutual, including ourselves with the other. When respect is eroded, much is lost. Respect arises from empathy through attuned listening. The RESPECT! Campaign originating from the Futures without Violence organisation assumes healthy relationships begin with listening between people. They promote the understanding that the core foundation of human wellbeing is relational, requiring inter-personal understanding and respect.9) Intimate civility is a form of highest regard. When we regard another we truly see them. To hold someone in high regard is to esteem them, to hold them above others, not putting them on a pedestal, or insisting they are superior, but to value them for who they are. To be esteemed for our interior, for our character, rather than what we display or what we own. It connects with the humanistic psychological concept of unconditional positive regard. The highest regard holds each other in arms and in mind. It is to see/look at, to have consideration for, and to pay attention to, recently epitomised by the campaign against human trafficking, “Can You See Me?” (Human Trafficking), whose purpose is to foster public awareness of the non-verbal signs and signals between individuals that indicate human trafficking may be taking place. In essence, teaching communal awareness towards the victimisation of individuals. 10) Intimate civility is intergenerational. We can only develop qualities such as morality and empathy, crucial for intimate relationships, if we have experienced (or imagined) intimate relationships where these qualities exist. Individuals reared in homes devoid of intimate civility could be challenged to identify and promote the interest or wellbeing of their intimate counterparts; it is a learnt behaviour, both at an interpersonal and societal level. Childhood developmental trauma research (Spinazzola and Ford) reminds us that the interaction of experiences, relational interactions, contexts and even our genetic amkeup makes individuals both vulnerable to repeating the behaviour of past generations. However, treatment of the condition and surrounding individuals with people in their intimate world who have different life experiences and personal histories, i.e., those who have acquired respectful relationship habits, can have a positive impact on the individuals’ capacity to change their learned negative behaviours. In conclusion, the work on intimate civility as a potential concept to alleviate rage in human relationships has hardly begun. The decalogue provides a checklist that indicates the necessity of ‘intersectionality’ — where the concepts of intimate civility connect to many points within the public/private and personal/political domains. Any analysis of intimacy must reach further than prepositions tied to social construction and attachment theory (Fonagy), to include current understandings of trauma and inter-generational violence and the way these influence people’s ability to act in healthy and balanced interpersonal relationships. While not condoning violent acts, locating the challenges to intimate civility on both personal and societal levels may leverage a compassionate view of those caught up in interpersonal violence. The human condition demands that we continue the struggle to meet the challenges of intimate civility in our personal actions with others as well as the need to replicate civil behaviour throughout all societies. ReferencesBowlby, John. Attachment and Loss. Vol. 3. New York: Basic Books, 1980.Carter, Stephen. Civility: Manners, Morals and the Etiquette of Democracy. New York: Basic Books, 1998.Dallos, Rudi, and Ros Draper. An Introduction to Family Therapy: Systemic Theory and Practice. 2nd ed. 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St Paul, MN: Paragon House, 1998.Weil, Simone. Waiting on God. London: Fontana Collins, 1968.Wells, Jamelle. “Geoffrey Rush, Erin Norvill and the Daily Telegraph: The Stakes Are High in This Defamation Trial.” ABC News 12 Nov. 2018. 23 Feb. 2019 <http://www.abc.net.au/news/2018-11-10/geoffrey-rush-defamation-trial-a-drama-with-final-act-to-come/10483944>.Yan, Liu, and Luce Irigaray. “Feminism, Sexuate Rights and the Ethics of Sexual Difference: An Interview with Luce Irigaray.” Foreign Literature Studies (2010): 1-9.
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19

Lambert, Anthony. "Rainbow Blindness: Same-Sex Partnerships in Post-Coalitional Australia." M/C Journal 13, no. 6 (November 17, 2010). http://dx.doi.org/10.5204/mcj.318.

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Abstract:
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. 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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›. 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