Journal articles on the topic 'Poor laws, Great Britain, Scotland'

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1

Jones, Peter. "The New Poor Laws in Scotland, England and Wales: Comparative Perspectives." Local Population Studies, no. 99 (December 31, 2017): 31–41. http://dx.doi.org/10.35488/lps99.2017.31.

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This article focuses on a seemingly obvious but largely overlooked question in the historiography of British welfare: what are the merits of, and the obstacles to, a serious comparative study of the poor laws in the constituent countries of mainland Britain? It first considers the wider context for such a question in relation to European welfare history, then discusses the broad historiographical trends for each country in relation to two key areas of the welfare debate: how far the intentions of the central Poor Law authorities were reflected in local practice, and the ability of paupers themselves to shape or influence their own experience of relief at the local level. It makes some key observations about the ways in which 'national narratives' of welfare have developed for Scotland, England and Wales in the past, and how these have shaped our view of the relationship between them, and finally suggests avenues for future research.
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Young, Liz. "Paupers, Property, and Place: A Geographical Analysis of the English, Irish, and Scottish Poor Laws in the Mid-19th Century." Environment and Planning D: Society and Space 12, no. 3 (June 1994): 325–40. http://dx.doi.org/10.1068/d120325.

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The diversity of poor law policy and practice in Britain in the mid-19th century is examined. Primary sources consulted include contemporary literature and the minute books of five poor law unions in Scotland. The discussion is set in the context of the existing literature on the New English Poor Law and the debate about the nature of British state formation. It is argued that by broadening the geographical scope of analysis to include consideration of the Irish and Scottish Poor Laws a more nuanced account of the processes and patterns of state formation emerges. Analysis of the ‘poverty question’ and attempts at its resolution through poor law policy illustrates the contradiction between 19th-century economic and political discourses. Poverty in Britain in the mid-19th century was structural and consequent upon economic processes which were geographically extensive, and debates about its resolution emphasised individual responsibility and reinforced national identities. Practice within each national territory was diverse and the new poor law machinery offered existing local political and economic interests a novel vehicle through which to exercise power.
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3

Darwen, Lewis, Donald Macraild, Brian Gurrin, and Liam Kennedy. "‘Unhappy and Wretched Creatures’: Charity, Poor Relief and Pauper Removal in Britain and Ireland during the Great Famine*." English Historical Review 134, no. 568 (June 2019): 589–619. http://dx.doi.org/10.1093/ehr/cez137.

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Abstract During the Great Famine (1845–51) hundreds of thousands of Irish refugees fled to Britain, escaping the hunger and disease afflicting their homeland. Many made new lives there, but others were subsequently shipped back to Ireland by poor law authorities under the laws of Settlement and Removal. This article explores the coping strategies of the Famine Irish in Britain, and the responses of poor law authorities to the inflow of refugees with a particular focus on their use of removal. We argue that British poor law unions in areas heavily affected by the refugee crisis adopted rigorous removal policies, and that the non-settled Irish were consequently deeply reluctant to apply for poor relief, doing so only when alternative sources of support were unavailable. Thus, the true scale of Irish hardship was hidden from the official record. The article also explores, for the first time, the experiences of those sent back to Ireland, a country suffering from the devastating effects of Famine. The combination of heavy Irish immigration to Britain and large-scale removals back to Ireland created distrust between the authorities at British and Irish port towns, as both sides felt aggrieved by the inflow of destitute Irish arriving on their shores. At the centre of all this were the Irish poor themselves. Uncertainty, dislocation and hardship were often their experience, and we argue that this endured long after the Famine had ended; that the events of the late 1840s, indeed, created a new reality for the Irish in Britain.
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Lane, Rosanna A., Gemma Coxon, Jim E. Freer, Thorsten Wagener, Penny J. Johnes, John P. Bloomfield, Sheila Greene, Christopher J. A. Macleod, and Sim M. Reaney. "Benchmarking the predictive capability of hydrological models for river flow and flood peak predictions across over 1000 catchments in Great Britain." Hydrology and Earth System Sciences 23, no. 10 (September 30, 2019): 4011–32. http://dx.doi.org/10.5194/hess-23-4011-2019.

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Abstract. Benchmarking model performance across large samples of catchments is useful to guide model selection and future model development. Given uncertainties in the observational data we use to drive and evaluate hydrological models, and uncertainties in the structure and parameterisation of models we use to produce hydrological simulations and predictions, it is essential that model evaluation is undertaken within an uncertainty analysis framework. Here, we benchmark the capability of several lumped hydrological models across Great Britain by focusing on daily flow and peak flow simulation. Four hydrological model structures from the Framework for Understanding Structural Errors (FUSE) were applied to over 1000 catchments in England, Wales and Scotland. Model performance was then evaluated using standard performance metrics for daily flows and novel performance metrics for peak flows considering parameter uncertainty. Our results show that lumped hydrological models were able to produce adequate simulations across most of Great Britain, with each model producing simulations exceeding a 0.5 Nash–Sutcliffe efficiency for at least 80 % of catchments. All four models showed a similar spatial pattern of performance, producing better simulations in the wetter catchments to the west and poor model performance in central Scotland and south-eastern England. Poor model performance was often linked to the catchment water balance, with models unable to capture the catchment hydrology where the water balance did not close. Overall, performance was similar between model structures, but different models performed better for different catchment characteristics and metrics, as well as for assessing daily or peak flows, leading to the ensemble of model structures outperforming any single structure, thus demonstrating the value of using multi-model structures across a large sample of different catchment behaviours. This research evaluates what conceptual lumped models can achieve as a performance benchmark and provides interesting insights into where and why these simple models may fail. The large number of river catchments included in this study makes it an appropriate benchmark for any future developments of a national model of Great Britain.
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5

Moon, Graham, Grant Aitken, Joanna Taylor, and Liz Twigg. "Integrating national surveys to estimate small area variations in poor health and limiting long-term illness in Great Britain." BMJ Open 7, no. 8 (August 2017): e016936. http://dx.doi.org/10.1136/bmjopen-2017-016936.

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ObjectivesThis study aims to address, for the first time, the challenges of constructing small area estimates of health status using linked national surveys. The study also seeks to assess the concordance of these small area estimates with data from national censuses.SettingPopulation level health status in England, Scotland and Wales.ParticipantsA linked integrated dataset of 23 374 survey respondents (16+ years) from the 2011 waves of the Health Survey for England (n=8603), the Scottish Health Survey (n=7537) and the Welsh Health Survey (n=7234).Primary and secondary outcome measuresPopulation prevalence of poorer self-rated health and limiting long-term illness. A multilevel small area estimation modelling approach was used to estimate prevalence of these outcomes for middle super output areas in England and Wales and intermediate zones in Scotland. The estimates were then compared with matched measures from the contemporaneous 2011 UK Census.ResultsThere was a strong positive association between the small area estimates and matched census measures for all three countries for both poorer self-rated health (r=0.828, 95% CI 0.821 to 0.834) and limiting long-term illness (r=0.831, 95% CI 0.824 to 0.837), although systematic differences were evident, and small area estimation tended to indicate higher prevalences than census data.ConclusionsDespite strong concordance, variations in the small area prevalences of poorer self-rated health and limiting long-term illness evident in census data cannot be replicated perfectly using small area estimation with linked national surveys. This reflects a lack of harmonisation between surveys over question wording and design. The nature of small area estimates as ‘expected values’ also needs to be better understood.
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6

MacQueen, Hector L. "Mixed Jurisdictions and Convergence: Scotland." International Journal of Legal Information 29, no. 2 (2001): 309–22. http://dx.doi.org/10.1017/s0731126500009446.

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There is an independent Scottish legal system today because, until the Union of the English and Scottish Crowns in 1603 and the Union of the Parliaments of the two countries in 1707, Scotland was an independent sovereign state. When King James VI of Scotland became James I of England and Great Britain in 1603, there was considerable interest in the possibility of establishing a single legal system for the newly united kingdoms, while during the Cromwellian interlude of the 1650s the possibility moved some way towards actuality. But the 1707 Act of Union showed a recognition that the establishment of a single legal system and body of law for the whole of the United Kingdom was not really a practical proposition, in articles which remain the formal basis for the continuing existence and independence of the Scottish law and legal system. Article XVIII provided for the continuation of Scots law after the Union, excepting only the ‘Laws concerning Regulation of Trade, Customs and … Excises', which were to ‘be the same in Scotland, from and after the Union, as in England.’ Change to Scots law was allowed under the Article, but in matters of ‘private right’ such change had to be for the ‘evident utility’ of the Scottish people. Only in matters of ‘public right’ might the aim be simply to make the law the same throughout the United Kingdom. Article XIX laid down that the principal Scottish courts, the Court of Session and the High Court of Justiciary, should ‘remain in all time coming’ as they were then constituted, and further provided that Scottish cases were not to be dealt with by the English courts ‘in Westminster-hall’ (which likewise continued to exist post-Union).
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Musiewicz, Piotr. "Krytyka nowego prawa o ubogich w ujęciu ruchu oksfordzkiego (1833‑1845)." Politeja 15, no. 55 (May 22, 2019): 57–75. http://dx.doi.org/10.12797/politeja.15.2018.55.04.

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The Oxford Movement’s Critique of the Poor Law Amendment ActThe paper presents a short history of poor laws in England and Great Britain, the content and justifications of the Poor Law Amendment Act (1834), general characteristics of the Oxford Movement and its main political ideas, the state of contemporary research on the topic, and finally the Movement’s approach to the new Poor Law. This approach – the Oxford Movement’s critique – has been reconstructed into three main groups of arguments. In the first group there are arguments pointing out why a state’s responsibility, and state-organised system of poor relief, is to be irrelevant and why the Church should play a far greater role in this field. The second group of arguments underlines the impracticality of centralisation in the system and proposes the major role of the local units in poor relief, as well as more ‘personal’ approach to the poor, also by reforming workhouses. The third group of arguments undermines the liberal (and Puritan) idea of solely individual responsibility for one’s poverty and destitution – an idea underlying the new Poor Law.
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Miller, Kenneth. "The American Employment-at-Will Doctrine and its Impact upon Employee Rights." Edinburgh Law Review 5, no. 2 (May 2001): 169–85. http://dx.doi.org/10.3366/elr.2001.5.2.169.

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In Great Britain protection against arbitrary dismissal is almost taken for granted. The protection has been in existence for nearly thirty years and the basic rules are fairly straightforward and reasonably well known. The British position is not dissimilar to that enacted in other countries and is consistent with international standards. It is surprising to discover, therefore, that the world's most powerful state, the United States, lacks universal and coherent laws on dismissal. To be sure protections are available in the unionised sector through grievance arbitration, and there are federal and state statutes which provide extensive protections against discrimination at the workplace. Otherwise, workers faced with dismissal have to rely on the American common law, which is even less protective than the common law of England and Scotland. This article examines the present common law position in the United States as represented by the employment-at-will doctrine and considers both judicial and statutory developments to extend protection against dismissal. It concludes that the Model Employment Termination Act may provide the necessary impetus for change at state level.
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Smith, John T. "The Priest and the Elementary School in the Second Half of the Nineteenth Century." Recusant History 25, no. 3 (May 2001): 530–42. http://dx.doi.org/10.1017/s003419320003034x.

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The Report of a Select Committee in 1835 gave the total of Catholic day schools in England as only 86, with the total for Scotland being 20. Catholic children had few opportunities for day school education. HMI Baptist Noel reported in 1840: ‘very few Protestant Dissenters and scarcely any Roman Catholics send their children to these [National] schools; which is little to be wondered at, since they conscientiously object to the repetition of the Church catechism, which is usually enforced upon all the scholars. Multitudes of Roman Catholic children, for whom some provision should be made, are consequently left in almost complete neglect, a prey to all the evils which follow profound ignorance and the want of early discipline.’ With the establishment of the lay dominated Catholic Institute of Great Britain in 1838 numbers rose to 236 in the following five years, although the number of children without Catholic schooling was still estimated to be 101,930. Lay control of Catholic schools diminished in the 1840s. In 1844, for example, Bishop George Brown of the Lancashire District in a Pastoral letter abolished all existing fund-raising for churches and schools and created his own district board which did not have a single lay member. The Catholic Poor School Committee was founded in 1847, with two laymen and eight clerics and the bishops requested that the Catholic Institute hand over all its educational monies to this new body and called for all future collections at parish level to be sent to it. Government grants were secured for Catholic schools for the first time in 1847. The great influx of Irish immigrants during the years of the potato famine (1845–8) increased the Catholic population and church leaders soon noted the great leakage among the poor. The only way to counteract this leakage was to educate the young under the care of the Church.
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10

Szymura, Mateusz. "Kilka uwag o genezie i roli Sądu Sesji w Królestwie Szkocji (1532–1707)." Prawo 330 (November 9, 2020): 29–39. http://dx.doi.org/10.19195/0524-4544.330.2.

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Some remarks on the origins and role of the Court of Session in the Kingdom of Scotland (1532–1707)The purpose of this article is to illustrate the origins and evolution of the central court of the Kingdom of Scotland from its inception in 1532 until the end of the Kingdom as an independent entity of international law following its establishment in 1707 of the United Kingdom of Great Britain. The analysis of the structure of the court is based on the laws of the old Scottish Parliament, and the main thesis of the study is the evolutionary nature of the provisions constituting the Court of Sessions which, on the one hand, were a continuation of the King’s previous jurisdictional powers and, on the other hand, were part of a wider trend towards separation of central courts from the royal councils in European monarchies. Einige Bemerkungen zur Genese und Bedeutung von "Court of Session" im Königreich Schottland (1532–1707)Gegenstand dieses Beitrages ist die Darstellung der Genese und der Evolution des zentralen Gerichtes im Königreich Schottland in der Zeit von seiner Entstehung im Jahre 1532 bis zum Ende des Königreiches als ein unabhängiges Subjekt des internationalen Rechtes, infolge der Entstehung im Jahre 1707 des Vereinigten Königreiches von Großbritannien. Grundlage der Analyse der Struktur des Gerichtes stellen die Gesetze des ehemaligen schottischen Parlamentes und die wichtigste These der Bearbeitung stellt der evolutionäre Charakter der Lösungen dar, die zur Gründung von Court of Session geführt haben. Diese stellten einerseits die Fortführung der früheren Befugnisse des Königs im Bereich Jurisdiktion, andererseits aber waren sie in den europäischen Monarchien ein Teil der umfassenderen Bewegung der Aussonderung der Zentralgerichte aus der Institution der königlichen Räte.
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Jobodwana, Zingisile Ntozintle. "OIL IN THE GULF OF GUINEA STATES AND SOUTH AFRICA IN THE MATRIX OF OVERLAPPING MEMBERSHIP OF AFRICAN REGIONAL COMMUNITIES: AN IMPEDIMENT TO REGIONAL INTEGRATION?" Journal of Law, Society and Development 3, no. 1 (September 12, 2016): 6–30. http://dx.doi.org/10.25159/2520-9515/273.

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The Gulf of Guinea states (GOGs) discussed in this article comprise a diverse group of more than 20 African states bordering on the oil-rich Gulf of Guinea. They are former colonies of Belgium, France, Great Britain and Germany. These states are of strategic importance to the United States, the European Union, India and China because of their tremendous natural resources that include biodiversity, oil, gas and other strategic minerals. But to what extent are they also of strategic importance not only to South Africa but to SADC member states? After all, the GOGs boast of their sea routes being safer and more convenient for sea transport. Post-colonial independence finds these states still adopting a mixture of foreign legal systems side by side with indigenous laws and customs. The region is still underdeveloped, with poor physical infrastructure, weak government structures, an inefficient legal system, and internecine strife and other inter-state disputes exerting a debilitating influence. The NEPAD Plan of Action of 2001 looks to the regional economic communities (RECs) to become the leaders in regional economic co-operation and integration. Although the GOGs are characterised at present by overlapping membership of various communities, they have enjoyed some successes based on the newly found petroleum commodity which, wisely managed, can help to increase intra-African trade and produce a viable extensive African market buttressed by South Africa’s economic advances into the rest of Africa. In some of the regions in Africa RECs such as ECOWAS and SADC have been able to transform their economic and monetary co-operation efforts into a powerful driving force for economic policy co-ordination and integration, but a strong, credible, effective and efficient legal framework with sustainable supporting institutions is now needed. South Africa is well poised to assist with deepening the political and economic integration in the GOGs by intensifying foreign direct investment (FDI), capacity-building and training projects, and the transfer of skills and technology. But the RECs’ overlapping membership needs to be rationalised, the negative influences of the superpowers need to be resisted, and support is required to maintain peace and stability and ensure the security of the maritime regimes. A strong, independent supra-national body that is also able to supervise and monitor revenues from oil for the benefit of the region as a whole should be established.
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"“Elegy Written in a Country Churchyard”: A Critique of the British Political Agenda." International Journal of Arabic-English Studies 22, no. 2 (June 10, 2022). http://dx.doi.org/10.33806/ijaes2000.22.2.14.

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The Restoration and the eighteenth century brought great changes to the islands of Great Britain. It was a time that witnessed the Act of Union which joined Scotland and Wales to Britain in 1707. Britain achieved political stability and commercial prosperity. New standards of politeness and social behavior prevailed to distinguish between civilized and vulgar citizens. The standards of hierarchy and order helped people participate in and contribute to the emergence of the British Empire and culture. For the sake of expansion, Britain started to drive many of its population and soldiers to settle in its newly occupied territories to encourage the British hegemony in those colonies. For that reason, several English writers, critics, and poets approached the theme of political and social transformation in their literary works. Although Thomas Gray’s poem “Elegy Written in a Country Churchyard” has been predominantly analyzed as a poem that mourns the death of marginalized poor people, this paper aims to put the poem in its socio-political context. Within a historical framework, this study argues that the poem does not only lament the death of England’s underprivileged individuals but that it also contains a prophecy that started to be fulfilled decades later.
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Dean, Linda E., Ovidiu Rotariu, Gareth T. Jones, Ejaz Pathan, and Gary J. Macfarlane. "P244 Determining factors related to poor quality of life in patients with axSpA: results from the British Society for Rheumatology Biologics Register." Rheumatology 59, Supplement_2 (April 1, 2020). http://dx.doi.org/10.1093/rheumatology/keaa111.238.

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Abstract Background The aim when treating people with axial spondyloarthropathies (axSpA) is to maintain/improve their Quality of Life (QoL), traditionally through reducing disease activity. Previously, the Scotland Registry for Ankylosing Spondylitis (SIRAS) demonstrated, however, that although important, disease activity may not be the only factor influencing QoL. Indeed, function was a better predictor, with fatigue, chronic widespread pain and spinal mobility also important. The aim of the current study was to validate the previous findings in a large nationwide population, and determine if other factors, not collected in the previous study (such as mood and sleep) are also important. Methods The British Society for Rheumatology Biologics Register in Ankylosing Spondylitis (BSRBR-AS) is a prospective cohort of axSpA patients from 83 secondary care centres across Great Britain. Clinical data was collected during routine clinic visits and questionnaires provided patient reported outcomes including: the Ankylosing Spondylitis QoL questionnaire (ASQoL: scored 0 (best) to 18 (worst)), the Bath AS indices for disease & physical activity ((BASDAI/BASFI: scored 0 (best) - 10 (worst)), sleep disturbance (Jenkins: 0 (best) - 20 (worst)), depression (hospital anxiety & depression scales: scored 0 (best) - 21 (worst)) and the modification of the 2010 fibromyalgia criteria (widespread pain index (WPI): scored 0 (best) - 19 (worst) & symptom severity score (SSS): 0 (best) -12 (worst)). Using data collected at BSRBR-AS registration, multivariate linear regression models, predicting ASQoL, were used to validate the previous SIRAS model. Additionally, a de-novo forward stepwise model was developed to assess consistency across both populations and to determine if any additional factors (such as mood and sleep) predicted QoL. Results 1,810 BSRBR-AS participants were eligible for the current study, 67% of whom were male, median age 49 years (interquartile range 38-61). 80% of those tested were HLA-B27 positive and the majority of patients (67%) met the modified New York Criteria for AS. Of the five factors included in the SIRAS model; disease activity, physical function, fatigue and widespread pain remained significantly associated with QoL in the BSRBR-AS study. Spinal mobility was no longer significantly associated. Within the de-novo model eight independent factors predicted ASQoL score: disease activity (coefficient 0.31, 95% (confidence interval 0.14, 0.47)), physical function (0.59 (0.45, 0.73)), depression (HADS: 0.16 (0.09, 0.24)), sleep disturbance (0.08 (0.04, 0.13)), activity impairment (0.04 (0.02, 0.05)), fibromyalgia (SSS: 0.24 (0.13, 0.35), WPI: 0.10 (0.03, 0.17)) and tobacco smoking (vs. non-smoker: 0.66 (0.10, 1.21)). Conclusion Current EULAR guidelines for management of axSpA targeting disease activity and physical function are supported by the current findings which suggest both are consistently important predictors of QoL. However, additional factors such as fatigue, sleep disturbance and mood also contribute to QoL and should be considered additional targets within future axSpA management strategies. Disclosures L.E. Dean None. O. Rotariu None. G.T. Jones None. E. Pathan Other; E.P. has received salary funding from Jansen (2019) and Merck (2018). G.J. Macfarlane None.
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Gíslason, Kári. "Independent People." M/C Journal 13, no. 1 (March 22, 2010). http://dx.doi.org/10.5204/mcj.231.

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There is an old Danish fable that says that the Devil was watching when God created the earth, and that, as the creation progressed, he became increasingly agitated over the wondrous achievements he was made to witness. At the end of it all, the Devil turned to God, and said, ‘Now, watch this.’ He created Iceland. It’s a vision of the country that resembles my own. I have always thought of Iceland as the island apart. The place that came last in the earth’s construction, whoever the engineer, and so remains forever distant. Perhaps that’s because, for me, Iceland is a home far from home. It is the country that I am from, and the place to which I am always tending—in my reading, my travels, and my thoughts. But since we left when I was ten, I am only ever in Iceland for mere glimpses of the Devil’s work, and always leave wanting more, some kind of deeper involvement. Perhaps all of his temptations are like that. Iceland’s is an inverted landscape, stuck like a plug on the roof of the Earth, revealing all the violence and destruction of the layers beneath. The island expands as the tectonic plates beneath it move. It grows by ten centimetres a year, but in two different directions—one towards the States, and the other towards Europe. I have noticed something similar happening to me. Each year, the fissure is a little wider. I come to be more like a visitor, and less like the one returning to his birthplace. I last visited in February just gone, to see whether Iceland was still drifting away from me and, indeed, from the rest of the world. I was doing research in Germany, and set aside an extra week for Reykjavík, to visit friends and family, and to see whether things were really as bad as they appeared to be from Brisbane, where I have lived for most of my life. I had read countless bleak reports of financial ruin and social unrest, and yet I couldn’t suppress the thought that Iceland was probably just being Iceland. The same country that had fought three wars over cod; that offered asylum to Bobby Fischer when no-one else would take him; and that allowed Yoko Ono to occupy a small island near Reykjavík with a peace sculpture made of light. Wasn’t it always the country stuck out on its own, with a people who claimed their independent spirit, and self-reliance, as their most-prized values? No doubt, things were bad. But did Iceland really mean to tie itself closer to Europe as a way out of the economic crisis? And what would this mean for its much-cherished sense of apartness? I spent a week of clear, cold days talking to those who made up my Iceland. They all told me what I most wanted to hear—that nothing much had changed since the financial collapse in 2008. Yes, the value of the currency had halved, and this made it harder to travel abroad. Yes, there was some unemployment now, whereas before there had been none. And, certainly, those who had over-extended on their mortgages were struggling to keep their homes. But wasn’t this the case everywhere? If it wasn’t for Icesave, they said, no-one would spare a thought for Iceland. They were referring to the disastrous internet bank, a wing of the National Bank of Iceland, which had captured and then lost billions in British and Dutch savings. The result was an earthquake in the nation’s financial sector, which in recent years had come to challenge fishing and hot springs as the nation’s chief source of wealth. In a couple of months in late 2008, this sector all but disappeared, or was nationalised as part of the Icelandic government’s scrambling efforts to salvage the economy. Meanwhile, the British and Dutch governments insisted on their citizens’ interests, and issued such a wealth of abuse towards Iceland that the country must have wondered whether it wasn’t still seen, in some quarters, as the Devil’s work. At one point, the National Bank—my bank in Iceland—was even listed by the British as a terrorist organization. I asked whether people were angry with the entrepreneurs who caused all this trouble, the bankers behind Icesave, and so on. The reply was that they were all still in London. ‘They wouldn’t dare show their faces in Reykjavík.’ Well, that was new, I thought. It sounded like a different kind of anger, much more bitter than the usual, fisherman’s jealous awareness of his neighbours’ harvests. Different, too, from the gossip, a national addiction which nevertheless always struck me as being rather homely and forgiving. In Iceland, just about everyone is related, and the thirty or so bankers who have caused the nation’s bankruptcy are well-known to all. But somehow they have gone too far, and their exile is suspended only by their appearances in the newspapers, the law courts, or on the satirical T-shirts sold in main street Laugavegur. There, too, you saw the other side of the currency collapse. The place was buzzing with tourists, unusual at this dark time of year. Iceland was half-price, they had been told, and it was true—anything made locally was affordable, for so long unthinkable in Iceland. This was a country that had always prided itself on being hopelessly expensive. So perhaps what was being lost in the local value of the economy would be recouped through the waves of extra tourists? Certainly, the sudden cheapness of Iceland had affected my decision to come, and to stay in a hotel downtown rather than with friends. On my last full day, a Saturday, I joined my namesake Kári for a drive into the country. For a while, our conversation was taken up with the crisis: the President, Ólafur Ragnar Grímsson, had recently declined to sign a bill that ensured that Iceland repaid its debts to the British and Dutch governments. His refusal meant a referendum on the bill in the coming March. No-one doubted that the nation would say no. The terms were unfair. And yet it was felt that Iceland’s entry into the EU, and its adoption of the Euro in place of the failed krónur, were conditional on its acceptance of the blame apportioned by international investors, and Britain in particular. Britain, one recalled, was the enemy in the Cod Wars, when Iceland had last entered the international press. Iceland had won that war. Why not this one, as well? That Iceland should suddenly need the forgiveness and assistance of its neighbours was no surprise to them. The Danes and others had long been warning Icelandic bankers that the finance sector was massively over-leveraged and bound for failure at the first sign of trouble in the international economy. I remember being in Iceland at the time of these warnings, in May 2007. It was Eurovision Song Contest month, and there was great local consternation at Iceland’s dismal showing that year. Amid the outpouring of Eurovision grief, and accusations against the rest of Europe that it was block-voting small countries like Iceland out of the contest, the dire economic warnings from the Danes seemed small news. ‘They just didn’t like the útrásarvíkingar,’ said Kári. That is, the Danes were simply upset that their former colonial children had produced offspring of their own who were capable of taking over shops, football clubs, and even banks in main streets of Copenhagen, Amsterdam and London. With interests as glamorous as West Ham United, Hamleys, and Karen Millen, it is not surprising that the útrásarvíkingar, or ‘Viking raiders’, were fast attaining the status of national heroes. Today, it’s a term of abuse rather than pride. The entrepreneurs are exiled in the countries they once sought to raid, and the modern Viking achievement, rather like the one a thousand years before, is a victim of negative press. All that raiding suddenly seems vain and greedy, and the ships that bore the raiders—private jets that for a while were a common sight over the skies of Reykjavík—have found new homes in foreign lands. The Danes were right about the Icelandic economy, just as they’d been right about the Devil’s landscaping efforts. But hundreds of years of colonial rule and only six decades of independence made it difficult for the Icelanders to listen. To curtail the flight of the new Vikings went against the Icelandic project, which from the very beginning was about independence. A thousand years before, in the 870s, Iceland had been a refuge. The medieval stories—known collectively as the sagas—tell us that the island was settled by Norwegian chieftains who were driven out of the fjordlands of their ancestors by the ruthless King Harald the Fair-Haired, who demanded total control of Norway. They refused to humble themselves before the king, and instead took the risk of a new life on a remote, inhospitable island. Icelandic independence, which was lost in the 1260s, was only regained in full in 1944, after Denmark had fallen under German occupation. Ten years later, with the war over and Iceland in the full stride of its independence, Denmark began returning the medieval Icelandic manuscripts that it had acquired during the colonial era. At that point, says the common wisdom, Icelanders forgave the Danes for centuries of poor governance. Although the strict commercial laws of the colonial period had made it all but impossible for Icelanders to rise out of economic hardship, the Danes had, at least, given the sagas back. National sovereignty was returned, and so too the literature that dated back to the time the country had last stood on its own. But, most powerfully, being Icelandic meant being independent of one’s immediate neighbours. Halldór Laxness, the nation’s Nobel Laureate, would satirize this national characteristic in his most enduring masterpiece, Sjálfstætt fólk, or Independent People. It is also what the dominant political party of the independence period, Sjálfstæðisflokkurinn, The Independence Party, has long treasured as a political ideal. To be Icelandic means being free of interference. And in a country of independent people, who would want to stop the bankers on their raids into Europe? Or, for that matter, who was now going to admit that it was time to join Europe instead of emphasizing one’s apartness from it? Kári and I turned off the south road out of Reykjavík and climbed into the heath. From here, the wounds of the country’s geological past still dominated the surface of the land. Little wonder that Jules Verne claimed that the journey to the centre of the world began on Snæfellsnes, a peninsula of volcanoes, lava, and ice caps on a long arm of land that extends desperately from the west of the island, as if forever in hope of reaching America, or at the very least Greenland. It was from Snæfellsnes that Eirík the Red began his Viking voyages westwards, and from where his famous son Leif would reach Vínland, the Land of Vines, most probably Newfoundland. Eight hundred years later, during the worst of the nation’s hardships—when the famines and natural disasters of the late eighteenth century reduced the nation almost to extinction—thousands of Icelanders followed in Leif’s footsteps, across the ‘whale road’, as the Vikings called it, to Canada, and mainly Winnipeg, where they recreated Iceland in an environment arguably even more hostile than the one they’d left. At least there weren’t any volcanoes in Winnipeg. In Iceland, you could never escape the feeling that the world was still evolving, and that the Devil’s work was ongoing. Even the national Assembly was established on one of the island’s most visible outward signs of the deep rift beneath—where a lake had cracked off the heath around it, which now surrounded it as a scar-scape of broken rocks and torn cliffs. The Almannagjá, or People’s Gorge, which is the most dramatic part of the rift, stands, or rather falls apart, as the ultimate symbol of Icelandic national unity. That is Iceland, an island on the edge of Europe, and forever on the edge of itself, too, a place where unity is defined by constant points of separation, not only in the landscape as it crunches itself apart and pushes through at the weak points, but also in a persistently small social world—the population is only 320,000—that is so closely related that it has had little choice but to emphasise the differences that do exist. After a slow drive through the low hills near Thingvellir, we reached the national park, and followed the dirt roads down to the lake. It’s an exclusive place for summerhouses, many of which now seem to stand as reminders of the excesses of the past ten years: the haphazardly-constructed huts that once made the summerhouse experience a bit of an adventure were replaced by two-storey buildings with satellite dishes, spa baths, and the ubiquitous black Range Rovers parked outside—the latter are now known as ‘Game Overs’. Like so much that has been sold off to pay the debts, the luxury houses seem ‘very 2007,’ the local term for anything unsustainable. But even the opulent summerhouses of the Viking raiders don’t diminish the landscape of Thingvellir, and a lake that was frozen from the shore to about fifty metres out. At the shoreline, lapping water had crystallized into blue, translucent ice-waves that formed in lines of dark and light water. Then we left the black beach for the site of the old Assembly. It was a place that had witnessed many encounters, not least the love matches that were formed when young Icelanders returned from their Viking raids and visits to the courts of Scandinavia, Scotland, Ireland, and England. On this particular day, though, the site was occupied by only five Dutchmen in bright, orange coats. They were throwing stones into Öxará, the river that runs off the heath into the Thingvellir lake, and looked up guiltily as we passed. I’m not sure what they felt bad about—throwing stones in the river was surely the most natural thing to do. On my last night, I barely slept. The Saturday night street noise was too much, and my thoughts were taken with the ever-apart Iceland, and with the anticipation of my returning to Brisbane the next day. Reykjavík the party town certainly hadn’t changed with the financial crisis, and nor had my mixed feelings about living so far away. The broken glass and obscenities of a night out didn’t ease until 5am, when it was time for me to board the Flybus to Keflavík Airport. I made my way through the screams and drunken stumblers, and into the quiet of the dark bus, where, in the back, I could just make out the five Dutchmen who, the day before, Kári and I had seen at Thingvellir, and who were now fast asleep and emitting a perfume of vodka and tobacco smoke that made it all the way to the front. It had all seemed too familiar not to be true—the relentless Icelandic optimism around its independence, the sense that it would always be an up-and-down sort of a place anyway, and the jagged volcanoes and lava fields that formed the distant shadows of the half-hour drive to the airport. The people, like the landscape, were fixed on separation, and I doubted that the difficulties with Europe would force them in any other direction. And I, too, was on my way back, as uncertain as ever about Iceland and my place in it. I returned to the clinging heat and my own separation from home, which, as before, I also recognized as my homecoming to Brisbane. Isn’t that in the nature of split affinities, to always be nearly there but never quite there? In the weeks since my return, the Icelanders have voted by referendum to reject the deal made for the repayment of the Icesave debts, and a fresh round of negotiations with the British and Dutch governments begins. For the time being, Iceland retains its right to independence, at least as expressed by the right to sidestep the consequences of its unhappy raids into Europe. Pinning down the Devil, it seems, is just as hard as ever.
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Gardiner, Amanda. "It Is Almost as If There Were a Written Script: Child Murder, Concealment of Birth, and the Unmarried Mother in Western Australia." M/C Journal 17, no. 5 (October 25, 2014). http://dx.doi.org/10.5204/mcj.894.

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BASTARDYAll children born before matrimony, or so long after the death of the husband as to render it impossible that the child could be begotten by him, are bastards.– Cro. Jac. 451William Toone: The Magistrates Manual, 1817 (66)On 4 September 1832, the body of a newborn baby boy was found washed up on the shore at the port town of Fremantle, Western Australia. As the result of an inquest into the child’s suspicious death, a 20-year-old, unmarried woman named Mary Summerland was accused of concealing his birth. In October 2014, 25-year-old Irish backpacker Caroline Quinn faced court in Perth, Western Australia, over claims that she concealed the birth of her stillborn child after giving birth in the remote north west town of Halls Creek during May of the same year. Both women denied the existence of their children, both appear to have given birth to their “illegitimate” babies alone, and both women claimed that they did not know that they had ever been pregnant at all. In addition, both women hid the body of their dead child for several days while the people they lived with or were close to, did not appear to notice that the mother of the child had had a baby. In neither case did any person associated with either woman seek to look for the missing child after it had been born.Despite occurring 182 years apart, the striking similarities between these cases could lead to the assumption that it is almost as if there were a written script of behaviour that would explain the actions of both young women. Close examination of the laws surrounding child murder, infanticide and concealment of birth reveals evidence of similar behaviours being enacted by women as far back as the 1600s (and earlier), and all are shaped in response to the legal frameworks that prosecuted women who gave birth outside of marriage.This article traces the history of child murder law from its formation in England in the 1600s and explores how early moral assumptions concerning unmarried mothers echoed through the lived experiences of women who killed their illegitimate babies in colonial Western Australia, and continue to resonate in the treatment of, and legal response to, women accused of similar crimes in the present day. The Unlicensed ChildThe unlicensed child is a term coined by Swain and Howe to more accurately define the social matrix faced by single women and their children in Australia. The term seeks to emphasise the repressive and controlling religious, legal and social pressures that acted on Australian women who had children outside marriage until the mid-1970s (xxi, 1, 92, 94). For the purposes of this article, I extend Swain and Howe’s term the unlicensed child to coin the term the unlicensed mother. Following on from Swain and Howe’s definition, if the children of unmarried mothers did not have a license to be born, it is essential to acknowledge that their mothers did not have a license to give birth. Women who had children without social and legal sanction gave birth within a society that did not allocate them “permission” to be mothers, something that the corporeality of pregnancy made it impossible for them not to be. Their own bodies—and the bodies of the babies growing inside them—betrayed them. Unlicensed mothers were punished socially, religiously, legally and financially, and their children were considered sinful and inferior to children who had married parents simply because they had been born (Scheper-Hughes 410). This unspoken lack of authorisation to experience the unavoidably innate physicality of pregnancy, birth and motherhood, in turn implies that, until recently unmarried mothers did not have license to be mothers. Two MothersAll that remains of the “case” of Mary Summerland is a file archived at the State Records Office of Western Australia under the title CONS 3472, Item 10: Rex V Mary Summerland. Yet revealed within those sparse documents is a story echoed by the events surrounding Caroline Quinn nearly two hundred years later. In September 1832, Mary Summerland was an unmarried domestic servant living and working in Fremantle when the body of a baby was found lying on a beach very close to the settlement. Western Australia had only been colonized by the British in 1829. The discovery of the body of an infant in such a tiny village (colonial Fremantle had a population of only 436 women and girls out of 1341 non-Aboriginal emigrants) (Gardiner) set in motion an inquest that resulted in Mary Summerland being investigated over the suspicious death of the child.The records suggest that Mary may have given birth, apparently alone, over a week prior to the corpse of the baby being discovered, yet no one in Fremantle, including her employer and her family, appeared to have noticed that Mary might have been pregnant, or that she had given birth to a child. When Mary Summerland was eventually accused of giving birth to the baby, she strongly denied that she had ever been pregnant, and denied being the mother of the child. It is not known how her infant ended up being disposed of in the ocean. It is also not known if Mary was eventually charged with concealment or child murder, but in either scenario, the case against her was dismissed as “no true bill” when she faced her trial. The details publically available on the case of Caroline Quinn are also sparse. Even the sex of her child has not been revealed in any of the media coverage of the event. Yet examination of the limited details available on her charge of “concealment of birth” reveal similarities between her behaviours and those of Mary Summerland.In May 2014 Caroline Quinn had been “travelling with friends in the Kimberly region of Western Australia” (Lee), and, just as Mary did, Caroline claims she “did not realise that she was pregnant” when she went into labour (Independent.ie). She appears, like Mary Summerland, to have given birth alone, and also like Mary, when her child died due to unexplained circumstances she hid the corpse for several days. Also echoing Mary’s story, no person in the sparsely populated Hall’s Creek community (the town has a populace of 1,211) or any friends in Caroline’s circle of acquaintances appears to have noticed her pregnancy, nor did they realise that she had given birth to a baby until the body of the child was discovered hidden in a hotel room several days after her or his birth. The media records are unclear as to whether Caroline revealed her condition to her friends or whether they “discovered” the body without her assistance. The case was not brought to the attention of authorities until Caroline’s friends took her to receive medical attention at the local hospital and staff there notified the police.Media coverage of the death of Caroline Quinn’s baby suggests her child was stillborn or died soon after birth. As of 13 August 2014 Caroline was granted leave by the Chief Magistrate to return home to Ireland while she awaited her trial, as “without trivialising the matter, nothing more serious was alleged than the concealing of the birth” (Collins, "Irish Woman"). Caroline Quinn was not required to return to Australia to appear at her trial and when the case was presented at the Perth Magistrates Court on Thursday 2 October, all charges against her were dropped as the prosecutor felt “it was not in the public interest” to proceed with legal action (Collins, "Case").Statutory MarginalisationTo understand the similarities between the behaviours of, and legal and medical response to, Mary Summerland and Caroline Quinn, it is important to situate the deaths of their children within the wider context of child murder, concealment of birth and “bastardy” law. Tracing the development of these methods of law-making clarifies the parallels between much of the child murder, infanticide and concealment of birth narrative that has occurred in Western Australia since non-Aboriginal settlement.Despite the isolated nature of Western Australia, the nearly 400 years since the law was formed in England, and the extremely remote rural locations where both these women lived and worked, their stories are remarkably alike. It is almost as if there were a written script and each member of the cast knew what role to play: both Mary and Caroline knew to hide their pregnancies, to deny the overwhelmingly traumatic experience of giving birth alone, and to conceal the corpses of their babies. The fathers of their children appear to have cut off any connection to the women or their child. The family, friends, or employers of the parents of the dead babies knew to pretend that they did not know that the mother was pregnant or who the father was. The police and medical officers knew to charge these women and to collect evidence that could be used to simultaneously meet the needs of the both prosecution and the defence when the cases were brought to trial.In reference to Mary Summerland’s case, in colonial Western Australia when a woman gave birth to an infant who died under suspicious circumstances, she could be prosecuted with two charges: “child murder” and/or “concealment of birth”. It is suggestive that Mary may have been charged with both. The laws regarding these two offences were focused almost exclusively on the deaths of unlicensed children and were so deeply interconnected they are difficult to untangle. For Probyn, shame pierces the centre of who we think we are, “what makes it remarkable is that it reveals with precision our values, hopes and aspirations, beyond the generalities of good manners and cultured norms” (x). Dipping into the streams of legal and medical discourse that flow back to the seventeenth century highlights the pervasiveness of discourses marginalising single women and their children. This situates Mary Summerland and Caroline Quinn within a ‘burden on society’ narrative of guilt, blame and shame that has been in circulation for over 500 years, and continues to resonate in the present (Coull).An Act to Prevent the Destroying and Murthering of Bastard ChildrenIn England prior to the 17th century, penalties for extramarital sex, the birth and/or maintenance of unlicensed children or for committing child murder were expressed through church courts (Damme 2-6; Rapaport 548; Butler 61; Hoffer and Hull 3-4). Discussion of how the punishment of child murder left the religious sphere and came to be regulated by secular laws that were focused exclusively on the unlicensed mother points to two main arguments: firstly, the patriarchal response to unlicensed (particularly female) sexuality; and secondly, a moral panic regarding a perceived rise in unlicensed pregnancies in women of the lower classes, and the resulting financial burden placed on local parishes to support unwanted, unlicensed children (Rapaport 532, 48-52; McMahon XVII, 126-29; Osborne 49; Meyer 3-8 of 14). In many respects, as Meyer suggests, “the legal system subtly encouraged neonaticide through its nearly universally negative treatment of bastard children” (240).The first of these “personal control laws” (Hoffer and Hull 13) was the Old Poor Law created by Henry VIII in 1533, and put in place to regulate all members of English society who needed to rely on the financial assistance of the parish to survive. Prior to 1533, “by custom the children of the rich depended on their relations, while the ‘fatherless poor’ relied on the charity of the monastic institutions and the municipalities” (Teichman 60-61). Its implementation marks the historical point where the state began to take responsibility for maintenance of the poor away from the church by holding communities responsible for “the problem of destitution” (Teichman 60-61; Meyer 243).The establishment of the poor law system of relief created a hierarchy of poverty in which some poor people, such as those suffering from sickness or those who were old, were seen as worthy of receiving support, while others, who were destitute as a result of “debauchery” or other self-inflicted means were seen as undeserving and sent to a house of correction or common gaol. Underprivileged, unlicensed mothers and their children were seen to be part of the category of recipients unfit for help (Jackson 31). Burdens on SocietyIt was in response to the narrative of poor unlicensed women and their children being undeserving fiscal burdens on law abiding, financially stretched community members that in 1576 a law targeted specifically at holding genetic parents responsible for the financial maintenance of unlicensed children entered the secular courts for the first time. Called the Elizabethan Poor Law it was enacted in response to the concerns of local parishes who felt that, due to the expenses exacted by the poor laws, they were being burdened with the care of a greatly increased number of unlicensed children (Jackson 30; Meyer 5-6; Teichman 61). While the 1576 legislation prosecuted both parents of unlicensed children, McMahon interprets the law as being created in response to a blend of moral and economic forces, undergirded by a deep, collective fear of illegitimacy (McMahon 128). By the 1570s “unwed mothers were routinely whipped and sent to prison” (Meyer 242) and “guardians of the poor” could force unlicensed mothers to wear a “badge” (Teichman 63). Yet surprisingly, while parishes felt that numbers of unlicensed children were increasing, no concomitant rise was actually recorded (McMahon 128).The most damning evidence of the failure of this law, was the surging incidence of infanticide following its implementation (Rapaport 548-49; Hoffer and Hull 11-13). After 1576 the number of women prosecuted for infanticide increased by 225 percent. Convictions resulting in unlicensed mothers being executed also rose (Meyer 246; Hoffer and Hull 8, 18).Infanticide IncreasesBy 1624 the level of infanticide in local communities was deemed to be so great An Act to Prevent the Destroying and Murthering of Bastard Children was created. The Act made child murder a “sex-specific crime”, focused exclusively on the unlicensed mother, who if found guilty of the offence was punished by death. Probyn suggests that “shame is intimately social” (77) and indeed, the wording of An Act to Prevent highlights the remarkably similar behaviours enacted by single women desperate to avoid the shame and criminal implication linked to the social position of unlicensed mother: Whereas many lewd Women that have been delivered of Bastard Children, to avoyd their shame and to escape punishment [my italics], doe secretlie bury, or conceale the Death of their Children, and after if the child be found dead the said Women doe alleadge that the said Children were borne dead;…For the preventing therefore of this great Mischiefe…if any Woman…be delivered of any issue of the Body, Male or Female, which being born alive, should by the Lawes of this Realm be a bastard, and that she endeavour privatlie either by drowning or secret burying thereof, or any other way, either by herselfe of the procuring of others, soe to conceale the Death thereof, as that it may not come to light, whether it be borne alive or not, but be concealed, in every such Case the Mother so offending shall suffer Death… (Davies 214; O'Donovan 259; Law Reform Commission of Western Australia 104; Osborne 49; Rose 1-2; Rapaport 548). An Act to Prevent also “contained an extraordinary provision which was a reversion of the ordinary common law presumption of dead birth” (Davies 214), removing the burden of proof from the prosecution and placing it on the defence (Francus 133; McMahon 128; Meyer 2 of 14). The implication being that if the dead body of a newborn, unlicensed baby was found hidden, it was automatically assumed that the child had been murdered by their mother (Law Reform Commission of Western Australia 104; Osborne 49; Rapaport 549-50; Francus 133). This made the Act unusual in that “the offence involved was the concealment of death rather than the death itself” (O'Donovan 259). The only way an unlicensed mother charged with child murder was able to avoid capital punishment was to produce at least one witness to give evidence that the child was “borne dead” (Law Reform Commission of Western Australia 104; Meyer 238; McMahon 126-27).Remarkable SimilaritiesClearly, the objective of An Act to Prevent was not simply to preserve infant life. It is suggestive that it was enacted in response to women wishing to avoid the legal, social, corporal and religious punishment highlighted by the implementation of the poor law legislation enacted throughout earlier centuries. It is also suggestive that these pressures were so powerful that threat of death if found guilty of killing their neonate baby was not enough to deter women from concealing their unlicensed pregnancies and committing child murder. Strikingly analogous to the behaviours of Mary Summerland in 19th century colonial Western Australia, and Caroline Quinn in 2014, the self-preservation implicit in the “strategies of secrecy” (Gowing 87) surrounding unlicensed birth and child murder often left the mother of a dead baby as the only witness to her baby’s death (McMahon xvii 49-50).An Act to Prevent set in motion the legislation that was eventually used to prosecute Mary Summerland in colonial Western Australia (Jackson 7, Davies, 213) and remnants of it still linger in the present where they have been incorporated into the ‘concealment of birth law’ that prosecuted Caroline Quinn (Legal Online TLA [10.1.182]).Changing the ‘Script’Shame runs like a viral code through the centuries to resonate within the legal response to women who committed infanticide in colonial Western Australia. It continues on through the behaviours of, and legal responses to, the story of Caroline Quinn and her child. As Probyn observes, “shame reminds us about the promises we keep to ourselves” in turn revealing our desire for belonging and elements of our deepest fears (p. x). While Caroline may live in a society that no longer outwardly condemns women who give birth outside of marriage, it is fascinating that the suite of behaviours manifested in response to her pregnancy and the birth of her child—by herself, her friends, and the wider community—can be linked to the narratives surrounding the formation of “child murder” and “concealment” law nearly 400 years earlier. Caroline’s narrative also encompasses similar behaviours enacted by Mary Summerland in 1832, in particular that Caroline knew to say that her child was “born dead” and that she had merely concealed her or his body—nothing more. This behaviour appears to have secured the release of both women as although both Mary and Caroline faced criminal investigation, neither was convicted of any crime. Yet, neither of these women or their small communities were alone in their responses. My research has uncovered 55 cases linked to child murder in Western Australia and the people involved in all of these incidences share unusually similar behaviours (Gardiner). Perhaps, it is only through the wider community becoming aware of the resonance of child murder law echoing through the centuries, that certain women who are pregnant with unwanted children will be able to write a different script for themselves, and their “unlicensed” children. ReferencesButler, Sara, M. "A Case of Indifference? Child Murder in Later Medieval England." Journal of Women's History 19.4 (2007): 59-82. Collins, Padraig. "Case against Irish Woman for Concealing Birth Dropped." The Irish Times 2 Oct. 2014. ---. "Irish Woman Held for Hiding Birth in Australia Allowed Return Home." The Irish Times 13 Aug. 2014. Coull, Kim. “The Womb Artist – A Novel: Translating Late Discovery Adoptee Pre-Verbal Trauma into Narrative”. Dissertation. Perth, WA: Edith Cowan University, 2014.Damme, Catherine. "Infanticide: The Worth of an Infant under Law." Medical History 22.1 (1978): 1-24. Davies, D.S. "Child-Killing in English Law." The Modern Law Review 1.3 (1937): 203-23. Dickinson, J.R., and J.A. Sharpe. "Infanticide in Early Modern England: The Court of Great Sessions at Chester, 1650-1800." Infanticide: Historical Perspectives on Child Murder and Concealment, 1550-2000. Ed. Mark Jackson. Hants: Ashgate, 2002. 35-51.Francus, Marilyn. "Monstrous Mothers, Monstrous Societies: Infanticide and the Rule of Law in Restoration and Eighteenth-Century England." Eighteenth-Century Life 21.2 (1997): 133-56. Gardiner, Amanda. "Sex, Death and Desperation: Infanticide, Neonaticide and Concealment of Birth in Colonial Western Australia." Dissertation. Perth, WA: Edith Cowan University, 2014.Gowing, Laura. "Secret Births and Infanticide in Seventeenth-Century England." Past & Present 156 (1997): 87-115. Hoffer, Peter C., and N.E.H. Hull. Murdering Mothers: Infanticide in England and New England 1558-1803. New York: New York University Press, 1984. Independent.ie. "Irish Woman Facing Up to Two Years in Jail for Concealing Death of Her Baby in Australia." 8 Aug. 2014. Law Reform Commission of Western Australia. "Chapter 3: Manslaughter and Other Homicide Offences." Review of the Law of Homicide: Final Report. Perth: Law Reform Commission of Western Australia, 2007. 85-117.Lee, Sally. "Irish Backpacker Charged over the Death of a Baby She Gave Birth to While Travelling in the Australia [sic] Outback." Daily Mail 8 Aug. 2014. Legal Online. "The Laws of Australia." Thomson Reuters 2010. McMahon, Vanessa. Murder in Shakespeare's England. London: Hambledon and London, 2004. Meyer, Jon'a. "Unintended Consequences for the Youngest Victims: The Role of Law in Encouraging Neonaticide from the Seventeenth to Nineteenth Centuries." Criminal Justice Studies 18.3 (2005): 237-54. O'Donovan, K. "The Medicalisation of Infanticide." Criminal Law Review (May 1984): 259-64. Osborne, Judith A. "The Crime of Infanticide: Throwing Out the Baby with the Bathwater." Canadian Journal of Family Law 6 (1987): 47-59. Rapaport, Elizabeth. "Mad Women and Desperate Girls: Infanticide and Child Murder in Law and Myth." Fordham Urban Law Journal 33.2 (2006): 527-69.Rose, Lionel. The Massacre of the Innocents: Infanticide in Britain, 1800-1939. London: Routledge & Kegan, 1986. Scheper-Hughes, Nancy. Death without Weeping: The Violence of Everyday Life in Brazil. Los Angeles: University of California Press, 1992. Swain, Shurlee, and Renate Howe. Single Mothers and Their Children: Disposal, Punishment and Survival in Australia. Cambridge: Cambridge University Press, 1995. Teichman, Jenny. Illegitimacy: An Examination of Bastardy. Oxford: Cornell University Press, 1982. Toone, William. The Magistrate's Manual: Or a Summary of the Duties and Powers of a Justice of the Peace. 2nd ed. London: Joseph Butterworth and Son, 1817.
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See, Pamela Mei-Leng. "Branding: A Prosthesis of Identity." M/C Journal 22, no. 5 (October 9, 2019). http://dx.doi.org/10.5204/mcj.1590.

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This article investigates the prosthesis of identity through the process of branding. It examines cross-cultural manifestations of this phenomena from sixth millennium BCE Syria to twelfth century Japan and Britain. From the Neolithic Era, humanity has sort to extend their identities using pictorial signs that were characteristically simple. Designed to be distinctive and instantly recognisable, the totemic symbols served to signal the origin of the bearer. Subsequently, the development of branding coincided with periods of increased in mobility both in respect to geography and social strata. This includes fifth millennium Mesopotamia, nineteenth century Britain, and America during the 1920s.There are fewer articles of greater influence on contemporary culture than A Theory of Human Motivation written by Abraham Maslow in 1943. Nearly seventy-five years later, his theories about the societal need for “belongingness” and “esteem” remain a mainstay of advertising campaigns (Maslow). Although the principles are used to sell a broad range of products from shampoo to breakfast cereal they are epitomised by apparel. This is with refence to garments and accessories bearing corporation logos. Whereas other purchased items, imbued with abstract products, are intended for personal consumption the public display of these symbols may be interpreted as a form of signalling. The intention of the wearers is to literally seek the fulfilment of the aforementioned social needs. This article investigates the use of brands as prosthesis.Coats and Crests: Identity Garnered on Garments in the Middle Ages and the Muromachi PeriodA logo, at its most basic, is a pictorial sign. In his essay, The Visual Language, Ernest Gombrich described the principle as reducing images to “distinctive features” (Gombrich 46). They represent a “simplification of code,” the meaning of which we are conditioned to recognise (Gombrich 46). Logos may also be interpreted as a manifestation of totemism. According to anthropologist Claude Levi-Strauss, the principle exists in all civilisations and reflects an effort to evoke the power of nature (71-127). Totemism is also a method of population distribution (Levi-Strauss 166).This principle, in a form garnered on garments, is manifested in Mon Kiri. The practice of cutting out family crests evolved into a form of corporate branding in Japan during the Meiji Period (1868-1912) (Christensen 14). During the Muromachi period (1336-1573) the crests provided an integral means of identification on the battlefield (Christensen 13). The adorning of crests on armour was also exercised in Europe during the twelfth century, when the faces of knights were similarly obscured by helmets (Family Crests of Japan 8). Both Mon Kiri and “Coat[s] of Arms” utilised totemic symbols (Family Crests of Japan 8; Elven 14; Christensen 13). The mon for the imperial family (figs. 1 & 2) during the Muromachi Period featured chrysanthemum and paulownia flowers (Goin’ Japaneque). “Coat[s] of Arms” in Britain featured a menagerie of animals including lions (fig. 3), horses and eagles (Elven).The prothesis of identity through garnering symbols on the battlefield provided “safety” through demonstrating “belongingness”. This constituted a conflation of two separate “needs” in the “hierarchy of prepotency” propositioned by Maslow. Fig. 1. The mon symbolising the Imperial Family during the Muromachi Period featured chrysanthemum and paulownia. "Kamon (Japanese Family Crests): Ancient Key to Samurai Culture." Goin' Japaneque! 15 Nov. 2015. 27 July 2019 <http://goinjapanesque.com/05983/>.Fig. 2. An example of the crest being utilised on a garment can be found in this portrait of samurai Oda Nobunaga. "Japan's 12 Most Famous Samurai." All About Japan. 27 Aug. 2018. 27 July 2019 <https://allabout-japan.com/en/article/5818/>.Fig. 3. A detail from the “Index of Subjects of Crests.” Elven, John Peter. The Book of Family Crests: Comprising Nearly Every Family Bearing, Properly Blazoned and Explained, Accompanied by Upwards of Four Thousand Engravings. Henry Washbourne, 1847.The Pursuit of Prestige: Prosthetic Pedigree from the Late Georgian to the Victorian Eras In 1817, the seal engraver to Prince Regent, Alexander Deuchar, described the function of family crests in British Crests: Containing The Crest and Mottos of The Families of Great Britain and Ireland; Together with Those of The Principal Cities and Heraldic Terms as follows: The first approach to civilization is the distinction of ranks. So necessary is this to the welfare and existence of society, that, without it, anarchy and confusion must prevail… In an early stage, heraldic emblems were characteristic of the bearer… Certain ordinances were made, regulating the mode of bearing arms, and who were entitled to bear them. (i-v)The partitioning of social classes in Britain had deteriorated by the time this compendium was published, with displays of “conspicuous consumption” displacing “heraldic emblems” as a primary method of status signalling (Deuchar 2; Han et al. 18). A consumerism born of newfound affluence, and the desire to signify this wealth through luxury goods, was as integral to the Industrial Revolution as technological development. In Rebels against the Future, published in 1996, Kirkpatrick Sale described the phenomenon:A substantial part of the new population, though still a distinct minority, was made modestly affluent, in some places quite wealthy, by privatization of of the countryside and the industrialization of the cities, and by the sorts of commercial and other services that this called forth. The new money stimulated the consumer demand… that allowed a market economy of a scope not known before. (40)This also reflected improvements in the provision of “health, food [and] education” (Maslow; Snow 25-28). With their “physiological needs” accommodated, this ”substantial part” of the population were able to prioritised their “esteem needs” including the pursuit for prestige (Sale 40; Maslow).In Britain during the Middle Ages laws “specified in minute detail” what each class was permitted to wear (Han et al. 15). A groom, for example, was not able to wear clothing that exceeded two marks in value (Han et al. 15). In a distinct departure during the Industrial Era, it was common for the “middling and lower classes” to “ape” the “fashionable vices of their superiors” (Sale 41). Although mon-like labels that were “simplified so as to be conspicuous and instantly recognisable” emerged in Europe during the nineteenth century their application on garments remained discrete up until the early twentieth century (Christensen 13-14; Moore and Reid 24). During the 1920s, the French companies Hermes and Coco Chanel were amongst the clothing manufacturers to pioneer this principle (Chaney; Icon).During the 1860s, Lincolnshire-born Charles Frederick Worth affixed gold stamped labels to the insides of his garments (Polan et al. 9; Press). Operating from Paris, the innovation was consistent with the introduction of trademark laws in France in 1857 (Lopes et al.). He would become known as the “Father of Haute Couture”, creating dresses for royalty and celebrities including Empress Eugene from Constantinople, French actress Sarah Bernhardt and Australian Opera Singer Nellie Melba (Lopes et al.; Krick). The clothing labels proved and ineffective deterrent to counterfeit, and by the 1890s the House of Worth implemented other measures to authenticate their products (Press). The legitimisation of the origin of a product is, arguably, the primary function of branding. This principle is also applicable to subjects. The prothesis of brands, as totemic symbols, assisted consumers to relocate themselves within a new system of population distribution (Levi-Strauss 166). It was one born of commerce as opposed to heraldry.Selling of Self: Conferring Identity from the Neolithic to Modern ErasIn his 1817 compendium on family crests, Deuchar elaborated on heraldry by writing:Ignoble birth was considered as a stain almost indelible… Illustrious parentage, on the other hand, constituted the very basis of honour: it communicated peculiar rights and privileges, to which the meaner born man might not aspire. (v-vi)The Twinings Logo (fig. 4) has remained unchanged since the design was commissioned by the grandson of the company founder Richard Twining in 1787 (Twining). In addition to reflecting the heritage of the family-owned company, the brand indicated the origin of the tea. This became pertinent during the nineteenth century. Plantations began to operate from Assam to Ceylon (Jones 267-269). Amidst the rampant diversification of tea sources in the Victorian era, concerns about the “unhygienic practices” of Chinese producers were proliferated (Wengrow 11). Subsequently, the brand also offered consumers assurance in quality. Fig. 4. The Twinings Logo reproduced from "History of Twinings." Twinings. 24 July 2019 <https://www.twinings.co.uk/about-twinings/history-of-twinings>.The term ‘brand’, adapted from the Norse “brandr”, was introduced into the English language during the sixteenth century (Starcevic 179). At its most literal, it translates as to “burn down” (Starcevic 179). Using hot elements to singe markings onto animals been recorded as early as 2700 BCE in Egypt (Starcevic 182). However, archaeologists concur that the modern principle of branding predates this practice. The implementation of carved seals or stamps to make indelible impressions of handcrafted objects dates back to Prehistoric Mesopotamia (Starcevic 183; Wengrow 13). Similar traditions developed during the Bronze Age in both China and the Indus Valley (Starcevic 185). In all three civilisations branding facilitated both commerce and aspects of Totemism. In the sixth millennium BCE in “Prehistoric” Mesopotamia, referred to as the Halaf period, stone seals were carved to emulate organic form such as animal teeth (Wengrow 13-14). They were used to safeguard objects by “confer[ring] part of the bearer’s personality” (Wengrow 14). They were concurrently applied to secure the contents of vessels containing “exotic goods” used in transactions (Wengrow 15). Worn as amulets (figs. 5 & 6) the seals, and the symbols they produced, were a physical extension of their owners (Wengrow 14).Fig. 5. Recreation of stamp seal amulets from Neolithic Mesopotamia during the sixth millennium BCE. Wengrow, David. "Prehistories of Commodity Branding." Current Anthropology 49.1 (2008): 14.Fig. 6. “Lot 25Y: Rare Syrian Steatite Amulet – Fertility God 5000 BCE.” The Salesroom. 27 July 2019 <https://www.the-saleroom.com/en-gb/auction-catalogues/artemis-gallery-ancient-art/catalogue-id-srartem10006/lot-a850d229-a303-4bae-b68c-a6130005c48a>. Fig. 7. Recreation of stamp seal designs from Mesopotamia from the late fifth to fourth millennium BCE. Wengrow, David. "Prehistories of Commodity Branding." Current Anthropology 49. 1 (2008): 16.In the following millennia, the seals would increase exponentially in application and aesthetic complexity (fig. 7) to support the development of household cum cottage industries (Wengrow 15). In addition to handcrafts, sealed vessels would transport consumables such as wine, aromatic oils and animal fats (Wengrow 18). The illustrations on the seals included depictions of rituals undertaken by human figures and/or allegories using animals. It can be ascertained that the transition in the Victorian Era from heraldry to commerce, from family to corporation, had precedence. By extension, consumers were able to participate in this process of value attribution using brands as signifiers. The principle remained prevalent during the modern and post-modern eras and can be respectively interpreted using structuralist and post-structuralist theory.Totemism to Simulacrum: The Evolution of Advertising from the Modern to Post-Modern Eras In 2011, Lisa Chaney wrote of the inception of the Coco Chanel logo (fig. 8) in her biography Chanel: An Intimate Life: A crucial element in the signature design of the Chanel No.5 bottle is the small black ‘C’ within a black circle set as the seal at the neck. On the top of the lid are two more ‘C’s, intertwined back to back… from at least 1924, the No5 bottles sported the unmistakable logo… these two ‘C’s referred to Gabrielle, – in other words Coco Chanel herself, and would become the logo for the House of Chanel. Chaney continued by describing Chanel’s fascination of totemic symbols as expressed through her use of tarot cards. She also “surrounded herself with objects ripe with meaning” such as representations of wheat and lions in reference prosperity and to her zodiac symbol ‘Leo’ respectively. Fig. 8. No5 Chanel Perfume, released in 1924, featured a seal-like logo attached to the bottle neck. “No5.” Chanel. 25 July 2019 <https://www.chanel.com/us/fragrance/p/120450/n5-parfum-grand-extrait/>.Fig. 9. This illustration of the bottle by Georges Goursat was published in a women’s magazine circa 1920s. “1921 Chanel No5.” Inside Chanel. 26 July 2019 <http://inside.chanel.com/en/timeline/1921_no5>; “La 4éme Fête de l’Histoire Samedi 16 et dimache 17 juin.” Ville de Perigueux. Musée d’art et d’archéologie du Périgord. 28 Mar. 2018. 26 July 2019 <https://www.perigueux-maap.fr/category/archives/page/5/>. This product was considered the “financial basis” of the Chanel “empire” which emerged during the second and third decades of the twentieth century (Tikkanen). Chanel is credited for revolutionising Haute Couture by introducing chic modern designs that emphasised “simplicity and comfort.” This was as opposed to the corseted highly embellished fashion that characterised the Victorian Era (Tikkanen). The lavish designs released by the House of Worth were, in and of themselves, “conspicuous” displays of “consumption” (Veblen 17). In contrast, the prestige and status associated with the “poor girl” look introduced by Chanel was invested in the story of the designer (Tikkanen). A primary example is her marinière or sailor’s blouse with a Breton stripe that epitomised her ascension from café singer to couturier (Tikkanen; Burstein 8). This signifier might have gone unobserved by less discerning consumers of fashion if it were not for branding. Not unlike the Prehistoric Mesopotamians, this iteration of branding is a process which “confer[s]” the “personality” of the designer into the garment (Wengrow 13 -14). The wearer of the garment is, in turn, is imbued by extension. Advertisers in the post-structuralist era embraced Levi-Strauss’s structuralist anthropological theories (Williamson 50). This is with particular reference to “bricolage” or the “preconditioning” of totemic symbols (Williamson 173; Pool 50). Subsequently, advertising creatives cum “bricoleur” employed his principles to imbue the brands with symbolic power. This symbolic capital was, arguably, transferable to the product and, ultimately, to its consumer (Williamson 173).Post-structuralist and semiotician Jean Baudrillard “exhaustively” critiqued brands and the advertising, or simulacrum, that embellished them between the late 1960s and early 1980s (Wengrow 10-11). In Simulacra and Simulation he wrote,it is the reflection of a profound reality; it masks and denatures a profound reality; it masks the absence of a profound reality; it has no relation to any reality whatsoever: it is its own pure simulacrum. (6)The symbolic power of the Chanel brand resonates in the ‘profound reality’ of her story. It is efficiently ‘denatured’ through becoming simplified, conspicuous and instantly recognisable. It is, as a logo, physically juxtaposed as simulacra onto apparel. This simulacrum, in turn, effects the ‘profound reality’ of the consumer. In 1899, economist Thorstein Veblen wrote in The Theory of the Leisure Class:Conspicuous consumption of valuable goods it the means of reputability to the gentleman of leisure… costly entertainments, such as potlatch or the ball, are peculiarly adapted to serve this end… he consumes vicariously for his host at the same time that he is witness to the consumption… he is also made to witness his host’s facility in etiquette. (47)Therefore, according to Veblen, it was the witnessing of “wasteful” consumption that “confers status” as opposed the primary conspicuous act (Han et al. 18). Despite television being in its experimental infancy advertising was at “the height of its powers” during the 1920s (Clark et al. 18; Hill 30). Post-World War I consumers, in America, experienced an unaccustomed level of prosperity and were unsuspecting of the motives of the newly formed advertising agencies (Clark et al. 18). Subsequently, the ‘witnessing’ of consumption could be constructed across a plethora of media from the newly emerged commercial radio to billboards (Hill viii–25). The resulting ‘status’ was ‘conferred’ onto brand logos. Women’s magazines, with a legacy dating back to 1828, were a primary locus (Hill 10).Belonging in a Post-Structuralist WorldIt is significant to note that, in a post-structuralist world, consumers do not exclusively seek upward mobility in their selection of brands. The establishment of counter-culture icon Levi-Strauss and Co. was concurrent to the emergence of both The House of Worth and Coco Chanel. The Bavarian-born Levi Strauss commenced selling apparel in San Francisco in 1853 (Levi’s). Two decades later, in partnership with Nevada born tailor Jacob Davis, he patented the “riveted-for-strength” workwear using blue denim (Levi’s). Although the ontology of ‘jeans’ is contested, references to “Jene Fustyan” date back the sixteenth century (Snyder 139). It involved the combining cotton, wool and linen to create “vestments” for Geonese sailors (Snyder 138). The Two Horse Logo (fig. 10), depicting them unable to pull apart a pair of jeans to symbolise strength, has been in continuous use by Levi Strauss & Co. company since its design in 1886 (Levi’s). Fig. 10. The Two Horse Logo by Levi Strauss & Co. has been in continuous use since 1886. Staff Unzipped. "Two Horses. One Message." Heritage. Levi Strauss & Co. 1 July 2011. 25 July 2019 <https://www.levistrauss.com/2011/07/01/two-horses-many-versions-one-message/>.The “rugged wear” would become the favoured apparel amongst miners at American Gold Rush (Muthu 6). Subsequently, between the 1930s – 1960s Hollywood films cultivated jeans as a symbol of “defiance” from Stage Coach staring John Wayne in 1939 to Rebel without A Cause staring James Dean in 1955 (Muthu 6; Edgar). Consequently, during the 1960s college students protesting in America (fig. 11) against the draft chose the attire to symbolise their solidarity with the working class (Hedarty). Notwithstanding a 1990s fashion revision of denim into a diversity of garments ranging from jackets to skirts, jeans have remained a wardrobe mainstay for the past half century (Hedarty; Muthu 10). Fig. 11. Although the brand label is not visible, jeans as initially introduced to the American Goldfields in the nineteenth century by Levi Strauss & Co. were cultivated as a symbol of defiance from the 1930s – 1960s. It documents an anti-war protest that occurred at the Pentagon in 1967. Cox, Savannah. "The Anti-Vietnam War Movement." ATI. 14 Dec. 2016. 16 July 2019 <https://allthatsinteresting.com/vietnam-war-protests#7>.In 2003, the journal Science published an article “Does Rejection Hurt? An Fmri Study of Social Exclusion” (Eisenberger et al.). The cross-institutional study demonstrated that the neurological reaction to rejection is indistinguishable to physical pain. Whereas during the 1940s Maslow classified the desire for “belonging” as secondary to “physiological needs,” early twenty-first century psychologists would suggest “[social] acceptance is a mechanism for survival” (Weir 50). In Simulacra and Simulation, Jean Baudrillard wrote: Today abstraction is no longer that of the map, the double, the mirror or the concept. Simulation is no longer that of a territory, a referential being or a substance. It is the generation by models of a real without origin or reality: a hyperreal… (1)In the intervening thirty-eight years since this document was published the artifice of our interactions has increased exponentially. In order to locate ‘belongness’ in this hyperreality, the identities of the seekers require a level of encoding. Brands, as signifiers, provide a vehicle.Whereas in Prehistoric Mesopotamia carved seals, worn as amulets, were used to extend the identity of a person, in post-digital China WeChat QR codes (fig. 12), stored in mobile phones, are used to facilitate transactions from exchanging contact details to commerce. Like other totems, they provide access to information such as locations, preferences, beliefs, marital status and financial circumstances. These individualised brands are the most recent incarnation of a technology that has developed over the past eight thousand years. The intermediary iteration, emblems affixed to garments, has remained prevalent since the twelfth century. Their continued salience is due to their visibility and, subsequent, accessibility as signifiers. Fig. 12. It may be posited that Wechat QR codes are a form individualised branding. Like other totems, they store information pertaining to the owner’s location, beliefs, preferences, marital status and financial circumstances. “Join Wechat groups using QR code on 2019.” Techwebsites. 26 July 2019 <https://techwebsites.net/join-wechat-group-qr-code/>.Fig. 13. Brands function effectively as signifiers is due to the international distribution of multinational corporations. This is the shopfront of Chanel in Dubai, which offers customers apparel bearing consistent insignia as the Parisian outlet at on Rue Cambon. Customers of Chanel can signify to each other with the confidence that their products will be recognised. “Chanel.” The Dubai Mall. 26 July 2019 <https://thedubaimall.com/en/shop/chanel>.Navigating a post-structuralist world of increasing mobility necessitates a rudimental understanding of these symbols. Whereas in the nineteenth century status was conveyed through consumption and witnessing consumption, from the twentieth century onwards the garnering of brands made this transaction immediate (Veblen 47; Han et al. 18). The bricolage of the brands is constructed by bricoleurs working in any number of contemporary creative fields such as advertising, filmmaking or song writing. They provide a system by which individuals can convey and recognise identities at prima facie. They enable the prosthesis of identity.ReferencesBaudrillard, Jean. Simulacra and Simulation. Trans. Sheila Faria Glaser. United States: University of Michigan Press, 1994.Burstein, Jessica. Cold Modernism: Literature, Fashion, Art. United States: Pennsylvania State University Press, 2012.Chaney, Lisa. Chanel: An Intimate Life. United Kingdom: Penguin Books Limited, 2011.Christensen, J.A. Cut-Art: An Introduction to Chung-Hua and Kiri-E. New York: Watson-Guptill Publications, 1989. Clark, Eddie M., Timothy C. Brock, David E. Stewart, David W. Stewart. Attention, Attitude, and Affect in Response to Advertising. United Kingdom: Taylor & Francis Group, 1994.Deuchar, Alexander. British Crests: Containing the Crests and Mottos of the Families of Great Britain and Ireland Together with Those of the Principal Cities – Primary So. London: Kirkwood & Sons, 1817.Ebert, Robert. “Great Movie: Stage Coach.” Robert Ebert.com. 1 Aug. 2011. 10 Mar. 2019 <https://www.rogerebert.com/reviews/great-movie-stagecoach-1939>.Elven, John Peter. The Book of Family Crests: Comprising Nearly Every Family Bearing, Properly Blazoned and Explained, Accompanied by Upwards of Four Thousand Engravings. London: Henry Washbourne, 1847.Eisenberger, Naomi I., Matthew D. Lieberman, and Kipling D. Williams. "Does Rejection Hurt? An Fmri Study of Social Exclusion." Science 302.5643 (2003): 290-92.Family Crests of Japan. California: Stone Bridge Press, 2007.Gombrich, Ernst. "The Visual Image: Its Place in Communication." Scientific American 272 (1972): 82-96.Hedarty, Stephanie. "How Jeans Conquered the World." BBC World Service. 28 Feb. 2012. 26 July 2019 <https://www.bbc.com/news/magazine-17101768>. Han, Young Jee, Joseph C. Nunes, and Xavier Drèze. "Signaling Status with Luxury Goods: The Role of Brand Prominence." Journal of Marketing 74.4 (2010): 15-30.Hill, Daniel Delis. Advertising to the American Woman, 1900-1999. United States of Ame: Ohio State University Press, 2002."History of Twinings." Twinings. 24 July 2019 <https://www.twinings.co.uk/about-twinings/history-of-twinings>. icon-icon: Telling You More about Icons. 18 Dec. 2016. 26 July 2019 <http://www.icon-icon.com/en/hermes-logo-the-horse-drawn-carriage/>. Jones, Geoffrey. Merchants to Multinationals: British Trading Companies in the 19th and 20th Centuries. Oxford: Oxford UP, 2002.Kamon (Japanese Family Crests): Ancient Key to Samurai Culture." Goin' Japaneque! 15 Nov. 2015. 27 July 2019 <http://goinjapanesque.com/05983/>. Krick, Jessa. "Charles Frederick Worth (1825-1895) and the House of Worth." Heilburnn Timeline of Art History. The Met. Oct. 2004. 23 July 2019 <https://www.metmuseum.org/toah/hd/wrth/hd_wrth.htm>. Levi’s. "About Levis Strauss & Co." 25 July 2019 <https://www.levis.com.au/about-us.html>. Lévi-Strauss, Claude. Totemism. London: Penguin, 1969.Lopes, Teresa de Silva, and Paul Duguid. Trademarks, Brands, and Competitiveness. Abingdon: Routledge, 2010.Maslow, Abraham. "A Theory of Human Motivation." British Journal of Psychiatry 208.4 (1942): 313-13.Moore, Karl, and Susan Reid. "The Birth of Brand: 4000 Years of Branding History." Business History 4.4 (2008).Muthu, Subramanian Senthikannan. Sustainability in Denim. Cambridge Woodhead Publishing, 2017.Polan, Brenda, and Roger Tredre. The Great Fashion Designers. Oxford: Bloomsbury Publishing, 2009.Pool, Roger C. Introduction. Totemism. New ed. Harmondsworth: Penguin, 1969.Press, Claire. Wardrobe Crisis: How We Went from Sunday Best to Fast Fashion. Melbourne: Schwartz Publishing, 2016.Sale, K. Rebels against the Future: The Luddites and Their War on the Industrial Revolution: Lessons for the Computer Age. Massachusetts: Addison-Wesley, 1996.Snow, C.P. The Two Cultures and the Scientific Revolution. Cambridge: Cambridge University Press, 1959. Snyder, Rachel Louise. Fugitive Denim: A Moving Story of People and Pants in the Borderless World of Global Trade. New York: W.W. Norton, 2008.Starcevic, Sladjana. "The Origin and Historical Development of Branding and Advertising in the Old Civilizations of Africa, Asia and Europe." Marketing 46.3 (2015): 179-96.Tikkanen, Amy. "Coco Chanel." Encyclopaedia Britannica. 19 Apr. 2019. 25 July 2019 <https://www.britannica.com/biography/Coco-Chanel>.Veblen, Thorstein. The Theory of the Leisure Class: An Economic Study in the Evolution of Institutions. London: Macmillan, 1975.Weir, Kirsten. "The Pain of Social Rejection." American Psychological Association 43.4 (2012): 50.Williamson, Judith. Decoding Advertisements: Ideology and Meaning in Advertising. Ideas in Progress. London: Boyars, 1978.
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Newman, Felicity. ""You Have a Basket for the Bread, Just Put the Bloody Chicken in It"." M/C Journal 2, no. 7 (October 1, 1999). http://dx.doi.org/10.5204/mcj.1793.

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We'd eat at Cahill's, Cahill's Family Restaurants I believe they were called, and quite plushy looking ... . At Cahill's we'd eat Viennese Schnitzel, with potato salad and some nice red cabbage salad, sort of pickled ... . Even more exotic was Chicken Maryland, served with a banana and a slice of pineapple in batter. It cost 7s 6d. -- Marion Halligan (11) We migrated in the sixties. Born in Cape Town, I was raised in the heart of Jewish Bondi. The flavours of my youth? Probably equal parts peri-peri, horseradish and chicken booster, not bouquet garni. My introduction to what was 'Australian' food was had in restaurants. And yes, I remember Cahill's, though I can't tell you when exactly, or how much things cost. Mid-sixties. I knew, even then, that there were better restaurants, like the places Dad used to take us with checked tablecloths and bottles with candles dripping wax and fish nets everywhere. His favourites were Mother's Cellar and The Gap at Watson's Bay. I think it's still there. This was before they built Australia Square and Dad became obsessed with the Summit, and of course the Blue Angel, where we never doubted that the lobsters were live. Favourite dishes? I would only eat 'chicken in a basket' or spaghetti bolognaise; well, I was very young, and prone to tears. I can remember my father, losing patience and insisting, "you have a basket for the bread, just put the bloody chicken in it". I can't even remember what it was, probably the same Chicken Maryland Halligan mentions, or a cousin. Fried chicken with a battered pineapple ring and chips of course, sometimes magically grated to form a lattice. I know I enjoyed going out to eat but all meals held the prospect of tension. Visser says the tension arises from the prospect of ending up as a main course. In my case, a mere hors d'œuvre for my sarcastic oldest brother. I was the youngest and unsure how to get the best, the most, as much, or even what I wanted. I wouldn't order until I had read the whole menu, which took long enough even when it wasn't in French or Italian. The menu rarely helped me, rather it served to frustrate my entire family because they knew I was going to order spaghetti or chicken anyway, but that made no difference, the menu had to be read before ordering, and no amount of harassment could convince me otherwise. I love the thought of that child, and her passionate sense of propriety. On special occasions Dad would order Spumante and we would all have a glass, and I felt terribly sophisticated; fortunately the experience doesn't seem to have permanently damaged my palate. Spumante reminded Dad of Italy, the war, you know. Granny used to refer to this as "Henry's trip to Europe". My Dad loved the war, and I'm sure it's not all rosy nostalgia because it was the only time he got away from his family. He drove a truck and didn't have to kill anybody and all we ever heard about was the mud, the black market and the girls. So a glass of cheap, sweet fizzy brought it all back, every time, and who am I to scoff, when the merest whiff of retsina and I'm floating in the bath-flat Aegean under a hot blue sky with anybody called Jani? Cahill's, meanwhile, was in the city, in the days when you 'went to town'. Going to town was always a treat but it depended largely on with whom and why. With Mum it meant serious shopping, and though there was the promise of lunch at David Jones Cafeteria, was it worth the endless hours of torture trying on shoes that were too small and school uniforms which were too big, but of course I would grow into them? And how could a pie with sauce in a plastic packet have been a treat? Going to town with Nana was a different story. It was with some expectation that we would descend into the air-conditioned red-walled cavern that was Cahill's. What I remember about Cahill's was the occasion, and the fish and chips. Nana spent her childhood in a Dickensian orphanage and her adulthood in the North of England, waiting for my grandfather to pick a winner, so I imagine that she felt comfortable with what she knew. That she always ordered fish and chips is only strange because Nana was famous for her fish and chips, perhaps she liked to compare. And I really shouldn't find it odd when I find it difficult to order anything other than fritto misto; in two generations we've progressed to "trefe"1 but not past the deep fryer. So I'm sure that I ordered fish and chips too, or perhaps I ate some of hers, because that was the only thing to do, otherwise she would eat one piece, then look around before coughing theatrically into a serviette which she would then drop, casually, over the other piece and put it in her bag. It was absolutely awful, and we grandchildren loved it when she did that. The other thing I have to say about fish and chips is that we Jews like to eat fried fish cold, but then we don't batter the fish, just flour and egg. I suppose it forms a batter anyway but it doesn't separate from the fish, and we like a solid fish, say kingfish, while Australians seem to go for thinner fillets encased in oily batter. Cahill's did something in between. To follow, tea for Nana, while I always ate fruit salad and ice cream; this I also used to eat on our Saturday afternoon excursions to the 'Cross' which Nana said reminded her of Paris, because it was full of 'artists' like herself. So Nana would sip her tea while I ate my tinned fruit salad and we enjoyed each other and the world, and what a delight for a chatty little girl, the undivided attention of such a beloved adult. I do believe that I will never feel as grown up, ever again, as I did when I was a little girl, out for lunch with my Nana. So as you see I have a sentimental attachment to fish and chips. Their cooking and consumption have flavoured my childhood and possibly yours. The association of fish and chips with that Hanson woman2 is therefore particularly galling, and yet also pertinent. I've never believed that it's just a coincidence that she is purveyor of fish and chips; after all, fish and chips are emblematic of 'Englishness'. Hanson wants Australians to maintain their cultural identification with the mother country, she could hardly have achieved her profile were she the proprietor of a noodle shop. So as you see I have a sentimental attachment to fish and chips. Their cooking and consumption have flavoured my childhood and possibly yours. The association of fish and chips with that Hanson woman2 is therefore particularly galling, and yet also pertinent. I've never believed that it's just a coincidence that she is purveyor of fish and chips; after all, fish and chips are emblematic of 'Englishness'. Hanson wants Australians to maintain their cultural identification with the mother country, she could hardly have achieved her profile were she the proprietor of a noodle shop. Here lies the Great Divide and I fear that I may be part of the problem, not the solution. I am hoist on my hybrid petard, uncomfortably, because much as I dislike elitist Epicureanism I have seen that the reality of what we eat in this country is not always pretty. And all the best efforts of the proselytising 'foodie' media are falling on deaf or already converted ears. Back in the mother country, this battleground is already well trod: there remains something shamefaced about the acceptance of fish and chips as a component of 'Englishness' among the 'better classes' ... . This set of perceptions attaches fish and chips to potent patriotic images of land, countryside, industrial might ... and above all, the notion of Britain as a gallant seafaring notion whose little ships do battle with the elements and the foreign enemy to feed and protect the people. (Walton 2) I see Pauline, wrapped in the flag, battered hake in upraised hand ... and let's not forget that fish and chips were one of our first fast foods, at a time when there was little respite for women, often providing the only hot meal of the day, particularly for workers. Of course the practice was seen to be harmful by health care professionals. The consumption of food prepared outside the home was read as poor mothering, a breakdown in the process of policing of 'proper' families and of course no-one is sure just what sort of mother Pauline is. She appears to be estranged from her older children, a case of one Chiko Roll too many? The irony of fish and chips and Englishness is that, according to Walton, fish and chips also symbolise cultural diversity: viewed in other moods and seen from other angles, of course, the image and associations of fish and chips could be very different. They expressed ethnic diversity as well as simplistic national solidarity, from the strong East End Jewish element in the early days of fish frying in London, through the strong Italian presence in the trade from the turn of the century, in urban Scotland and Ireland especially, to the growing importance of the Chinese and Greek Cypriots in the post-Second World War decades. (2) So fish and chips have played a significant role for a number of ethnic groups. They're ours, not hers. But I'm still troubled, I need to tell the gastronomic mafia that Pacific Rim cuisine won't be Oz food until a significant number of Australians are eating it, and I'm afraid "mainstream Australia, out there" is eating extremely boring food. Could it be that the resentment against Asians is because their food is just so much better? Footnotes 1. trefe: (yiddish) animals, seafood or insects considered impure, abomination, not to be eaten under any circumstances, notably pig and shellfish. 2. Pauline Hanson was elected to the Australian Federal Parliament as an independent candidate in 1996, and soon made her presence known with outspoken comments about Aborigines, (mainly Asian) migrants, and welfare recipients [ed.]. 3. Stephanie Alexander is a noted Australian food writer and restaurateur, and her A Shared Table is the latest of a plethora of Australian television series celebrating our gastronomic abundance. References Halligan,Marion. Eat My Words. Sydney: Collins/Angus and Robertson, 1990. Visser, Margaret. The Rituals of Dinner. New York: Grove/Weidenfeld, 1991. Walton, John K. Fish and Chips and the British Working Class: 1870-1940. Leicester: Leicester UP, 1992. Citation reference for this article MLA style: Felicity Newman. "'You Have a Basket for the Bread, Just Put the Bloody Chicken in It'." M/C: A Journal of Media and Culture 2.7 (1999). [your date of access] <http://www.uq.edu.au/mc/9910/basket.php>. Chicago style: Felicity Newman, "'You Have a Basket for the Bread, Just Put the Bloody Chicken in It'," M/C: A Journal of Media and Culture 2, no. 7 (1999), <http://www.uq.edu.au/mc/9910/basket.php> ([your date of access]). APA style: Felicity Newman. (1999) "You have a basket for the bread, just put the bloody chicken in it". M/C: A Journal of Media and Culture 2(7). <http://www.uq.edu.au/mc/9910/basket.php> ([your date of access]).
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