Academic literature on the topic 'Set-off and counterclaim (Jewish law)'

In the article, the author continues to distinguish between a civil-legal offset and a set-off made when the court satisfies a counterclaim and initial claims. As a criterion, recognition is taken as an act of will, proceeding respectively from the compensator (the person to whom the application for set-off is addressed) and the defendant in the counterclaim. The article analyzes the anticipated and “double-edged” recognition. The author substantiates the admissibility of using the mechanism of convalidation (cure) of a defective transaction for cases when the corresponding expression of will is addressed to the court without presenting an independent claim for recognizing the transaction as valid. The issues related to the determination of the moment from which the transaction is considered cured, the content of the convalidated contract, as well as the legal consequences of the subsequent judicial discrediting of the convalidated transaction on the grounds related to its impugnability are considered.

In the article, the author continues to distinguish between the civil-legal set-off and the set-off made when the court satisfies the counterclaim and initial claims. As a criterion, recognition is taken as an act of will, coming respectively from the compensator (the person to whom the statement of set-off is addressed) and the defendant in the counterclaim. Judicial and non-judicial confessions are analyzed. With regard to judicial recognition, the conclusion is justified that, depending on the type of process and the existence of rules on mandatory professional judicial representation, it will be either ordinary evidence or a basis for exemption from proof, and in some cases also entail certain substantive consequences. Individual cases of so-called qualified recognition are considered (discrepancy in quantitative characteristics; discrepancy in relation to the subject or object of the legal relationship; recognition of another legal relationship; notification to the court of two or more facts, some of which correspond to the interests of the procedural opponent, and the other part – to the interests of the recognizer; discrepancy in the qualification of legal consequences; recognition of the fact of termination of claims with the reservation that they were subsequently restored on the basis of the realized secondary right).

In the article, the author continues to distinguish between the civil-legal offset and the offset made when the court satisfies the counterclaim and initial claims. The issues related to the systematisation of exceptions from the general rule on the obligation of judicial recognition for the court are considered. Conflicts of the institution of recognition with other legal phenomena allowing the establishment of the opposite fact are revealed. It is proposed to divide these conflicts into factual and legal ones. An actual information conflict is understood as a contradiction of judicial recognition to well-known facts or sound logic, and a legal contradiction to legal institutions (this includes pre-judicial and other judicial acts, notarial acts, irrefutable presumptions, fictions, as well as «ordinary» evidence adopted in another court case). The paper suggests specific ways to resolve such conflicts by the law enforcement. Exceptions from the general rule on the obligation of judicial recognition, ensuring the protection of the rights of other persons, are also considered separately. Here, as a general rule, the conclusion is justified that judicial control over recognition should be carried out only if another person has the status of a person participating in the case.

Zgodnie z obowiązującymi w kodeksie cywilnym przepisami, potrącenia można dokonać zawsze, jeśli spełnione są warunki ustawowe i to niezależnie od tego czy w stosunki między stronami ingerował lub ingeruje organ sądowy. Problematyka potrącenia w postępowaniu cywilnym nie została zadowalająco rozwiązana w dotychczasowej literaturze. To skłania do podjęcia jeszcze jednej próby spojrzenia na to zagadnienie. Autor nie podjął się całościowej i kompleksowej analizy procesowych instytucji, przez które realizuje się potrącenie, lecz raczej uwagi, które z materialno-prawnego punktu widzenia nasuwają się co do dyskusji toczonej przez specjalistów prawa postępowania cywilnego. Celem tego artykułu jest spojrzenie na potrącenie jako instytucji prawa materialnego z punktu widzenia norm postępowania cywilnego. Rozważania ograniczone zostaną jednak w zasadzie do problematyki potrącenia w postępowaniu rozpoznawczym I instancji i do powództwa wzajemnego. According to the applicable provisions of the Civil Code, a set-off can always be made if the statutory conditions are met, and regardless of whether a judicial authority has intervened or is intervening in the relationship between the parties. The issue of set-off in civil proceedings has not been satisfactorily addressed in the literature to date. This prompts yet another attempt to look at the issue. The author has not undertaken a holistic and comprehensive analysis of the procedural institutions through which the set-off is enforced, but rather comments that, from a substantive legal point of view, come to mind as regards the discussion by specialists in civil procedure law. This article aims at looking at the set-off as a substantive law institution from the point of view of civil procedural norms. However, the consideration will be limited to the issue of set-off in the first instance proceedings and the counterclaim.

From his early youth, Maimonides had for aim to apply rationality using the Aristetelian Logic. He brings the alegoric interpretation to the Bible text when it is in conflict with the Reason; he systematizes the juridical-religious chaotic casuistric of the whole of the traditional Oral Law and set up 13 dogmas for the Jewish religion. He separates off people's beliefs from the speculation of the intelectual. There is a duality between the religious judge and the rationalist thinker, perhaps sins his childhood problems.

The decision of the German Federal Supreme Court was based on the following set of facts: The defendant, inter alia in 1991, made use of the plaintiff's land, without having any rights of occupation. A villa and stables had been built on the land. During the time of use, the defendant expended various sums of money on the property, of which no further details are given. In her claim, the plaintiff sought payment for the benefits the defendant had obtained from the use of the villa and stables in 1991. In his defence, the defendant claimed a set off, supplemented by a counterclaim, based on the expenditures he had made. The Landgericht dismissed the claim, but the Oberlandesgericht allowed an appeal. The further appeal in cassation led to the case being referred back to the appeal court. In giving its reasons, the Supreme Court stated that the defendant had no rights of occupation and therefore owed the plaintiff for the benefits of use asserted, in accordance with §§ 988, 818 of the German Civil Code. The duty to compensate was, however, limited in principle under § 818(3) of the Code to the benefits that overall still remained within his patrimony. In contrast to an opinion commonly expressed in academic writings - to the effect that the expenditure made by an occupier can only be be used as a defence to a claim based on § 988 of the Code if it concerns harvesting costs or expenditures within the meaning of §§ 994 ff of the Code - the Supreme Court took the view that expenditures made by the occupier in relation to the property in question could be taken into account to reduce the claim to compensation for use based on §988 of the Code independently of the question whether they were expenditures within the meaning of § 994 ff of the Code. If the occupier asserted that his enrichment had been cancelled out by expenditures, the decisive issue was whether those expenditures had a close connection with the benefits obtained from use of the property. This was in principle the case when the occupier had made expenditures on the property. In the following comments, the authors examine the problem from the point of view of Greek and Spanish law.

For seven months in 1999/2000, six-year old Cuban Elián González was embroiled in a family feud plotted along rival national and ideological lines, and relayed televisually as soap opera across the planet. In Miami, apparitions of the Virgin Mary were reported after Elián’s arrival; adherents of Afro-Cuban santería similarly regarded Elián as divinely touched. In Cuba, Elián’s “kidnapping” briefly reinvigorated a torpid revolutionary project. He was hailed by Fidel Castro as the symbolic descendant of José Martí and Che Guevara, and of the patriotic rigour they embodied. Cubans massed to demand his return. In the U.S.A., Elián’s case was arbitrated at every level of the juridical system. The “Save Elián” campaign generated widespread debate about godless versus godly family values, the contours of the American Dream, and consumerist excess. By the end of 2000 Elián had generated the second largest volume of TV news coverage to that date in U.S. history, surpassed only by the O. J. Simpson case (Fasulo). After Fidel Castro, and perhaps the geriatric music ensemble manufactured by Ry Cooder, the Buena Vista Social Club, Elián became the most famous Cuban of our era. Elián also emerged as the unlikeliest of popular-cultural icons, the focus and subject of cyber-sites, books, films, talk-back radio programs, art exhibits, murals, statues, documentaries, a South Park episode, poetry, songs, t-shirts, posters, newspaper editorials in dozens of languages, demonstrations, speeches, political cartoons, letters, legal writs, U.S. Congress records, opinion polls, prayers, and, on both sides of the Florida Strait, museums consecrated in his memory. Confronted by Elián’s extraordinary renown and historical impact, John Carlos Rowe suggests that the Elián story confirms the need for a post-national and transdisciplinary American Studies, one whose practitioners “will have to be attentive to the strange intersections of politics, law, mass media, popular folklore, literary rhetoric, history, and economics that allow such events to be understood.” (204). I share Rowe’s reading of Elián’s story and the clear challenges it presents to analysis of “America,” to which I would add “Cuba” as well. But Elián’s story is also significant for the ways it challenges critical understandings of fame and its construction. No longer, to paraphrase Leo Braudy (566), definable as an accidental hostage of the mass-mediated eye, Elián’s fame has no certain relation to the child at its discursive centre. Elián’s story is not about an individuated, conscious, performing, desiring, and ambivalently rewarded ego. Elián was never what P. David Marshall calls “part of the public sphere, essentially an actor or, … a player” in it (19). The living/breathing Elián is absent from what I call the virtualizing drives that famously reproduced him. As a result of this virtualization, while one Elián now attends school in Cuba, many other Eliáns continue to populate myriad popular-cultural texts and to proliferate away from the states that tried to contain him. According to Jerry Everard, “States are above all cultural artefacts” that emerge, virtually, “as information produced by and through practices of signification,” as bits, bites, networks, and flows (7). All of us, he claims, reside in “virtual states,” in “legal fictions” based on the elusive and contested capacity to generate national identities in an imaginary bounded space (152). Cuba, the origin of Elián, is a virtual case in point. To augment Nicole Stenger’s definition of cyberspace, Cuba, like “Cyberspace, is like Oz — it is, we get there, but it has no location” (53). As a no-place, Cuba emerges in signifying terms as an illusion with the potential to produce and host Cubanness, as well as rival ideals of nation that can be accessed intact, at will, and ready for ideological deployment. Crude dichotomies of antagonism — Cuba/U.S.A., home/exile, democracy/communism, freedom/tyranny, North/South, godlessness/blessedness, consumption/want — characterize the hegemonic struggle over the Cuban nowhere. Split and splintered, hypersensitive and labyrinthine, guarded and hysterical, and always active elsewhere, the Cuban cultural artefact — an “atmospheric depression in history” (Stenger 56) — very much conforms to the logics that guide the appeal, and danger, of cyberspace. Cuba occupies an inexhaustible “ontological time … that can be reintegrated at any time” (Stenger 55), but it is always haunted by the prospect of ontological stalling and proliferation. The cyber-like struggle over reintegration, of course, evokes the Elián González affair, which began on 25 November 1999, when five-year old Elián set foot on U.S. soil, and ended on 28 June 2000, when Elián, age six, returned to Cuba with his father. Elián left one Cuba and found himself in another Cuba, in the U.S.A., each national claimant asserting virtuously that its other was a no-place and therefore illegitimate. For many exiles, Elián’s arrival in Miami confirmed that Castro’s Cuba is on the point of collapse and hence on the virtual verge of reintegration into the democratic fold as determined by the true upholders of the nation, the exile community. It was also argued that Elián’s biological father could never be the boy’s true father because he was a mere emasculated puppet of Castro himself. The Cuban state, then, had forfeited its claims to generate and host Cubanness. Succoured by this logic, the “Save Elián” campaign began, with organizations like the Cuban American National Foundation (CANF) bankrolling protests, leaflet and poster production, and official “Elián” websites, providing financial assistance to and arranging employment for some of Elián’s Miami relatives, lobbying the U.S. Congress and the Florida legislature, and contributing funds to the legal challenges on behalf of Elián at state and federal levels. (Founded in 1981, the CANF is the largest and most powerful Cuban exile organization, and one that regards itself as the virtual government-in-waiting. CANF emerged with the backing of the Reagan administration and the C.I.A. as a “private sector initiative” to support U.S. efforts against its long-time ideological adversary across the Florida Strait [Arboleya 224-5].) While the “Save Elián” campaign failed, the result of a Cuban American misreading of public opinion and overestimation of the community’s lobbying power with the Clinton administration, the struggle continues in cyberspace. CANF.net.org registers its central role in this intense period with silence; but many of the “Save Elián” websites constructed after November 1999 continue to function as sad memento moris of Elián’s shipwreck in U.S. virtual space. (The CANF website does provide links to articles and opinion pieces about Elián from the U.S. media, but its own editorializing on the Elián affair has disappeared. Two keys to this silence were the election of George W. Bush, and the events of 11 Sep. 2001, which have enabled a revision of the Elián saga as a mere temporary setback on the Cuban-exile historical horizon. Indeed, since 9/11, the CANF website has altered the terms of its campaign against Castro, posting photos of Castro with Arab leaders and implicating him in a world-wide web of terrorism. Elián’s return to Cuba may thus be viewed retrospectively as an act that galvanized Cuban-exile support for the Republican Party and their disdain for the Democratic rival, and this support became pivotal in the Republican electoral victory in Florida and in the U.S.A. as a whole.) For many months after Elián’s return to Cuba, the official Liberty for Elián site, established in April 2000, was urging visitors to make a donation, volunteer for the Save Elián taskforce, send email petitions, and “invite a friend to help Elián.” (Since I last accessed “Liberty for Elián” in March 2004 it has become a gambling site.) Another site, Elian’s Home Page, still implores visitors to pray for Elián. Some of the links no longer function, and imperatives to “Click here” lead to that dead zone called “URL not found on this server.” A similar stalling of the exile aspirations invested in Elián is evident on most remaining Elián websites, official and unofficial, the latter including The Sad Saga of Elian Gonzalez, which exhorts “Cuban Exiles! Now You Can Save Elián!” In these sites, a U.S. resident Elián lives on as an archival curiosity, a sign of pathos, and a reminder of what was, for a time, a Cuban-exile PR disaster. If such cybersites confirm the shipwrecked coordinates of Elián’s fame, the “Save Elián” campaign also provided a focus for unrestrained criticism of the Cuban exile community’s imbrication in U.S. foreign policy initiatives and its embrace of American Dream logics. Within weeks of Elián’s arrival in Florida, cyberspace was hosting myriad Eliáns on sites unbeholden to Cuban-U.S. antagonisms, thus consolidating Elián’s function as a disputed icon of virtualized celebrity and focus for parody. A sense of this carnivalesque proliferation can be gained from the many doctored versions of the now iconic photograph of Elián’s seizure by the INS. Still posted, the jpegs and flashes — Elián and Michael Jackson, Elián and Homer Simpson, Elián and Darth Vader, among others (these and other doctored versions are archived on Hypercenter.com) — confirm the extraordinary domestication of Elián in local pop-cultural terms that also resonate as parodies of U.S. consumerist and voyeuristic excess. Indeed, the parodic responses to Elián’s fame set the virtual tone in cyberspace where ostensibly serious sites can themselves be approached as send ups. One example is Lois Rodden’s Astrodatabank, which, since early 2000, has asked visitors to assist in interpreting Elián’s astrological chart in order to confirm whether or not he will remain in the U.S.A. To this end the site provides Elián’s astro-biography and birth chart — a Sagittarius with a Virgo moon, Elián’s planetary alignments form a bucket — and conveys such information as “To the people of Little Havana [Miami], Elian has achieved mystical status as a ‘miracle child.’” (An aside: Elián and I share the same birthday.) Elián’s virtual reputation for divinely sanctioned “blessedness” within a Cuban exile-meets-American Dream typology provided Tom Tomorrow with the target in his 31 January 2000, cartoon, This Modern World, on Salon.com. Here, six-year old Arkansas resident Allen Consalis loses his mother on the New York subway. His relatives decide to take care of him since “New York has much more to offer him than Arkansas! I mean get real!” A custody battle ensues in which Allan’s heavily Arkansas-accented father requires translation, and the case inspires heated debate: “can we really condemn him to a life in Arkansas?” The cartoon ends with the relatives tempting Allan with the delights offered by the Disney Store, a sign of Elián’s contested insertion into an American Dreamscape that not only promises an endless supply of consumer goods but provides a purportedly safe venue for the alternative Cuban nation. The illusory virtuality of that nation also animates a futuristic scenario, written in Spanish by Camilo Hernández, and circulated via email in May 2000. In this text, Elián sparks a corporate battle between Firestone and Goodyear to claim credit for his inner-tubed survival. Cuban Americans regard Elián as the Messiah come to lead them to the promised land. His ability to walk on water is scientifically tested: he sinks and has to be rescued again. In the ensuing custody battle, Cuban state-run demonstrations allow mothers of lesbians and of children who fail maths to have their say on Elián. Andrew Lloyd Weber wins awards for “Elián the Musical,” and for the film version, Madonna plays the role of the dolphin that saved Elián. Laws are enacted to punish people who mispronounce “Elián” but these do not help Elián’s family. All legal avenues exhausted, the entire exile community moves to Canada, and then to North Dakota where a full-scale replica of Cuba has been built. Visa problems spark another migration; the exiles are welcomed by Israel, thus inspiring a new Intifada that impels their return to the U.S.A. Things settle down by 2014, when Elián, his wife and daughter celebrate his 21st birthday as guests of the Kennedys. The text ends in 2062, when the great-great-grandson of Ry Cooder encounters an elderly Elián in Wyoming, thus providing Elián with his second fifteen minutes of fame. Hernández’s text confirms the impatience with which the Cuban-exile community was regarded by other U.S. Latino sectors, and exemplifies the loss of control over Elián experienced by both sides in the righteous Cuban “moral crusade” to save or repatriate Elián (Fernández xv). (Many Chicanos, for example, were angered at Cuban-exile arguments that Elián should remain in the U.S.A. when, in 1999 alone, 8,000 Mexican children were repatriated to Mexico (Ramos 126), statistical confirmation of the favored status that Cubans enjoy, and Mexicans do not, vis-à-vis U.S. immigration policy. Tom Tomorrow’s cartoon and Camilo Hernández’s email text are part of what I call the “What-if?” sub-genre of Elián representations. Another example is “If Elián Gonzalez was Jewish,” archived on Lori’s Mishmash Humor page, in which Eliat Ginsburg is rescued after floating on a giant matzoh in the Florida Strait, and his Florida relatives fight to prevent his return to Israel, where “he had no freedom, no rights, no tennis lessons”.) Nonetheless, that “moral crusade” has continued in the Cuban state. During the custody battle, Elián was virtualized into a hero of national sovereignty, an embodied fix for a revolutionary project in strain due to the U.S. embargo, the collapse of Soviet socialism, and the symbolic threat posed by the virtual Cuban nation-in-waiting in Florida. Indeed, for the Castro regime, the exile wing of the national family is virtual precisely because it conveniently overlooks two facts: the continued survival of the Cuban state itself; and the exile community’s forty-plus-year slide into permanent U.S. residency as one migrant sector among many. Such rhetoric has not faded since Elián’s return. On December 5, 2003, Castro visited Cárdenas for Elián’s tenth birthday celebration and a quick tour of the Museo a la batalla de ideas (Museum for the Battle of Ideas), the museum dedicated to Elián’s “victory” over U.S. imperialism and opened by Castro on July 14, 2001. At Elián’s school Castro gave a speech in which he recalled the struggle to save “that little boy, whose absence caused everyone, and the whole people of Cuba, so much sorrow and such determination to struggle.” The conflation of Cuban state rhetoric and an Elián mnemonic in Cárdenas is repeated in Havana’s “Plaza de Elián,” or more formally Tribuna Anti-imperialista José Martí, where a statue of José Martí, the nineteenth-century Cuban nationalist, holds Elián in his arms while pointing to Florida. Meanwhile, in Little Havana, Miami, a sun-faded set of photographs and hand-painted signs, which insist God will save Elián yet, hang along the front fence of the house — now also a museum and site of pilgrimage — where Elián once lived in a state of siege. While Elián’s centrality in a struggle between virtuality and virtue continues on both sides of the Florida Strait, the Cuban nowhere could not contain Elián. During his U.S. sojourn many commentators noted that his travails were relayed in serial fashion to an international audience that also claimed intimate knowledge of the boy. Coming after the O.J. Simpson saga and the Clinton-Lewinsky affair, the Elián story confirmed journalist Rick Kushman’s identification of a ceaseless, restless U.S. media attention shift from one story to the next, generating an “übercoverage” that engulfs the country “in mini-hysteria” (Calvert 107). But In Elián’s case, the voyeuristic media-machine attained unprecedented intensity because it met and worked with the virtualities of the Cuban nowhere, part of it in the U.S.A. Thus, a transnational surfeit of Elián-narrative options was guaranteed for participants, audiences and commentators alike, wherever they resided. In Cuba, Elián was hailed as the child-hero of the Revolution. In Miami he was a savior sent by God, the proof supplied by the dolphins that saved him from sharks, and the Virgins who appeared in Little Havana after his arrival (De La Torre 3-5). Along the U.S.A.-Mexico border in 2000, Elián’s name was given to hundreds of Mexican babies whose parents thought the gesture would guarantee their sons a U.S. future. Day by day, Elián’s story was propelled across the globe by melodramatic plot devices familiar to viewers of soap opera: doubtful paternities; familial crimes; identity secrets and their revelation; conflicts of good over evil; the reuniting of long-lost relatives; and the operations of chance and its attendant “hand of Destiny, arcane and vaguely supernatural, transcending probability of doubt” (Welsh 22). Those devices were also favored by the amateur author, whose narratives confirm that the delirious parameters of cyberspace are easily matched in the worldly text. In Michael John’s self-published “history,” Betrayal of Elian Gonzalez, Elián is cast as the victim of a conspiracy traceable back to the hydra-headed monster of Castro-Clinton and the world media: “Elian’s case was MANIPULATED to achieve THEIR OVER-ALL AGENDA. Only time will bear that out” (143). His book is now out of print, and the last time I looked (August 2004) one copy was being offered on Amazon.com for US$186.30 (original price, $9.95). Guyana-born, Canadian-resident Frank Senauth’s eccentric novel, A Cry for Help: The Fantastic Adventures of Elian Gonzalez, joins his other ventures into vanity publishing: To Save the Titanic from Disaster I and II; To Save Flight 608 From Disaster; A Wish to Die – A Will to Live; A Time to Live, A Time to Die; and A Day of Terror: The Sagas of 11th September, 2001. In A Cry for Help, Rachel, a white witch and student of writing, travels back in time in order to save Elián’s mother and her fellow travelers from drowning in the Florida Strait. As Senauth says, “I was only able to write this dramatic story because of my gift for seeing things as they really are and sharing my mystic imagination with you the public” (25). As such texts confirm, Elián González is an aberrant addition to the traditional U.S.-sponsored celebrity roll-call. He had no ontological capacity to take advantage of, intervene in, comment on, or be known outside, the parallel narrative universe into which he was cast and remade. He was cast adrift as a mere proper name that impelled numerous authors to supply the boy with the biography he purportedly lacked. Resident of an “atmospheric depression in history” (Stenger 56), Elián was battled over by virtualized national rivals, mass-mediated, and laid bare for endless signification. Even before his return to Cuba, one commentator noted that Elián had been consumed, denied corporeality, and condemned to “live out his life in hyper-space” (Buzachero). That space includes the infamous episode of South Park from May 2000, in which Kenny, simulating Elián, is killed off as per the show’s episodic protocols. Symptomatic of Elián’s narrative dispersal, the Kenny-Elián simulation keeps on living and dying whenever the episode is re-broadcast on TV sets across the world. Appropriated and relocated to strange and estranging narrative terrain, one Elián now lives out his multiple existences in the Cuban-U.S. “atmosphere in history,” and the Elián icon continues to proliferate virtually anywhere. References Arboleya, Jesús. The Cuban Counter-Revolution. Trans. Rafael Betancourt. Research in International Studies, Latin America Series no. 33. Athens, OH: Ohio Center for International Studies, 2000. Braudy, Leo. The Frenzy of Renown: Fame and Its History. New York and Oxford: Oxford UP, 1986. Buzachero, Chris. “Elian Gonzalez in Hyper-Space.” Ctheory.net 24 May 2000. 19 Aug. 2004: http://www.ctheory.net/text_file.asp?pick=222>. Calvert, Clay. Voyeur Nation: Media, Privacy, and Peering in Modern Culture. Boulder: Westview, 2000. Castro, Fidel. “Speech Given by Fidel Castro, at the Ceremony Marking the Birthday of Elian Gonzalez and the Fourth Anniversary of the Battle of Ideas, Held at ‘Marcello Salado’ Primary School in Cardenas, Matanzas on December 5, 2003.” 15 Aug. 2004 http://www.revolutionarycommunist.org.uk/fidel_castro3.htm>. Cuban American National Foundation. Official Website. 2004. 20 Aug. 2004 http://www.canf.org/2004/principal-ingles.htm>. De La Torre, Miguel A. La Lucha For Cuba: Religion and Politics on the Streets of Miami. Berkeley: U of California P, 2003. “Elian Jokes.” Hypercenter.com 2000. 19 Aug. 2004 http://www.hypercenter.com/jokes/elian/index.shtml>. “Elian’s Home Page.” 2000. 19 Aug. 2004 http://elian.8k.com>. Everard, Jerry. Virtual States: The Internet and the Boundaries of the Nation-State. London and New York, Routledge, 2000. Fernández, Damián J. Cuba and the Politics of Passion. Austin: U of Texas P, 2000. Hernández, Camilo. “Cronología de Elián.” E-mail. 2000. Received 6 May 2000. “If Elian Gonzalez Was Jewish.” Lori’s Mishmash Humor Page. 2000. 10 Aug. 2004 http://www.geocities.com/CollegePark/6174/jokes/if-elian-was-jewish.htm>. John, Michael. Betrayal of Elian Gonzalez. MaxGo, 2000. “Liberty for Elián.” Official Save Elián Website 2000. June 2003 http://www.libertyforelian.org>. Marshall, P. David. Celebrity and Power: Fame in Contemporary Culture. Minneapolis and London: U of Minnesota P, 1997. Ramos, Jorge. La otra cara de América: Historias de los inmigrantes latinoamericanos que están cambiando a Estados Unidos. México, DF: Grijalbo, 2000. Rodden, Lois. “Elian Gonzalez.” Astrodatabank 2000. 20 Aug. 2004 http://www.astrodatabank.com/NM/GonzalezElian.htm>. Rowe, John Carlos. 2002. The New American Studies. Minneapolis and London: U of Minnesota P, 2002. “The Sad Saga of Elian Gonzalez.” July 2004. 19 Aug. 2004 http://www.revlu.com/Elian.html>. Senauth, Frank. A Cry for Help: The Fantastic Adventures of Elian Gonzalez. Victoria, Canada: Trafford, 2000. Stenger, Nicole. “Mind Is a Leaking Rainbow.” Cyberspace: First Steps. Ed. Michael Benedikt. Cambridge, MA: MIT P, 1991. 49-58. Welsh, Alexander. George Eliot and Blackmail. Cambridge, MA: Harvard UP, 1985. Citation reference for this article MLA Style Allatson, Paul. "The Virtualization of Elián González." M/C Journal 7.5 (2004). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0411/16-allatson.php>. APA Style Allatson, P. (Nov. 2004) "The Virtualization of Elián González," M/C Journal, 7(5). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0411/16-allatson.php>.

IntroductionFirmly located within the discourse of visible culture as the lofty preserve of art exhibitions and museum artefacts, the noun “curate” has gradually transformed into the verb “to curate”. Williams writes that “curate” has become a fashionable code word among the aesthetically minded to describe a creative activity. Designers no longer simply sell clothes; they “curate” merchandise. Chefs no longer only make food; they also “curate” meals. Chosen for their keen eye for a particular style or a precise shade, it is their knowledge of their craft, their reputation, and their sheer ability to choose among countless objects which make the creative process a creative activity in itself. Writing from within the framework of “curate” as a creative process, this article discusses how the state banquet for Queen Elizabeth II, hosted by Irish President Mary McAleese at Dublin Castle in May 2011, was carefully curated to represent Ireland’s diplomatic, cultural, and culinary identity. The paper will focus in particular on how the menu for the banquet was created and how the banquet’s brief, “Ireland on a Plate”, was fulfilled.History and BackgroundFood has been used by nations for centuries to display wealth, cement alliances, and impress foreign visitors. Since the feasts of the Numidian kings (circa 340 BC), culinary staging and presentation has belonged to “a long, multifaceted and multicultural history of diplomatic practices” (IEHCA 5). According to the works of Baughman, Young, and Albala, food has defined the social, cultural, and political position of a nation’s leaders throughout history.In early 2011, Ross Lewis, Chef Patron of Chapter One Restaurant in Dublin, was asked by the Irish Food Board, Bord Bía, if he would be available to create a menu for a high-profile banquet (Mahon 112). The name of the guest of honour was divulged several weeks later after vetting by the protocol and security divisions of the Department of the Taoiseach (Prime Minister) and the Department of Foreign Affairs and Trade. Lewis was informed that the menu was for the state banquet to be hosted by President Mary McAleese at Dublin Castle in honour of Queen Elizabeth II’s visit to Ireland the following May.Hosting a formal banquet for a visiting head of state is a key feature in the statecraft of international and diplomatic relations. Food is the societal common denominator that links all human beings, regardless of culture (Pliner and Rozin 19). When world leaders publicly share a meal, that meal is laden with symbolism, illuminating each diner’s position “in social networks and social systems” (Sobal, Bove, and Rauschenbach 378). The public nature of the meal signifies status and symbolic kinship and that “guest and host are on par in terms of their personal or official attributes” (Morgan 149). While the field of academic scholarship on diplomatic dining might be young, there is little doubt of the value ascribed to the semiotics of diplomatic gastronomy in modern power structures (Morgan 150; De Vooght and Scholliers 12; Chapple-Sokol 162), for, as Firth explains, symbols are malleable and perfectly suited to exploitation by all parties (427).Political DiplomacyWhen Ireland gained independence in December 1921, it marked the end of eight centuries of British rule. The outbreak of “The Troubles” in 1969 in Northern Ireland upset the gradually improving environment of British–Irish relations, and it would be some time before a state visit became a possibility. Beginning with the peace process in the 1990s, the IRA ceasefire of 1994, and the Good Friday Agreement in 1998, a state visit was firmly set in motion by the visit of Irish President Mary Robinson to Buckingham Palace in 1993, followed by the unofficial visit of the Prince of Wales to Ireland in 1995, and the visit of Irish President Mary McAleese to Buckingham Palace in 1999. An official invitation to Queen Elizabeth from President Mary McAleese in March 2011 was accepted, and the visit was scheduled for mid-May of the same year.The visit was a highly performative occasion, orchestrated and ordained in great detail, displaying all the necessary protocol associated with the state visit of one head of state to another: inspection of the military, a courtesy visit to the nation’s head of state on arrival, the laying of a wreath at the nation’s war memorial, and a state banquet.These aspects of protocol between Britain and Ireland were particularly symbolic. By inspecting the military on arrival, the existence of which is a key indicator of independence, Queen Elizabeth effectively demonstrated her recognition of Ireland’s national sovereignty. On making the customary courtesy call to the head of state, the Queen was received by President McAleese at her official residence Áras an Uachtaráin (The President’s House), which had formerly been the residence of the British monarch’s representative in Ireland (Robbins 66). The state banquet was held in Dublin Castle, once the headquarters of British rule where the Viceroy, the representative of Britain’s Court of St James, had maintained court (McDowell 1).Cultural DiplomacyThe state banquet provided an exceptional showcase of Irish culture and design and generated a level of preparation previously unseen among Dublin Castle staff, who described it as “the most stage managed state event” they had ever witnessed (Mahon 129).The castle was cleaned from top to bottom, and inventories were taken of the furniture and fittings. The Waterford Crystal chandeliers were painstakingly taken down, cleaned, and reassembled; the Killybegs carpets and rugs of Irish lamb’s wool were cleaned and repaired. A special edition Newbridge Silverware pen was commissioned for Queen Elizabeth and Prince Philip to sign the newly ordered Irish leather-bound visitors’ book. A new set of state tableware was ordered for the President’s table. Irish manufacturers of household goods necessary for the guest rooms, such as towels and soaps, hand creams and body lotions, candle holders and scent diffusers, were sought. Members of Her Majesty’s staff conducted a “walk-through” several weeks in advance of the visit to ensure that the Queen’s wardrobe would not clash with the surroundings (Mahon 129–32).The promotion of Irish manufacture is a constant thread throughout history. Irish linen, writes Kane, enjoyed a reputation as far afield as the Netherlands and Italy in the 15th century, and archival documents from the Vaucluse attest to the purchase of Irish cloth in Avignon in 1432 (249–50). Support for Irish-made goods was raised in 1720 by Jonathan Swift, and by the 18th century, writes Foster, Dublin had become an important centre for luxury goods (44–51).It has been Irish government policy since the late 1940s to use Irish-manufactured goods for state entertaining, so the material culture of the banquet was distinctly Irish: Arklow Pottery plates, Newbridge Silverware cutlery, Waterford Crystal glassware, and Irish linen tablecloths. In order to decide upon the table setting for the banquet, four tables were laid in the King’s Bedroom in Dublin Castle. The Executive Chef responsible for the banquet menu, and certain key personnel, helped determine which setting would facilitate serving the food within the time schedule allowed (Mahon 128–29). The style of service would be service à la russe, so widespread in restaurants today as to seem unremarkable. Each plate is prepared in the kitchen by the chef and then served to each individual guest at table. In the mid-19th century, this style of service replaced service à la française, in which guests typically entered the dining room after the first course had been laid on the table and selected food from the choice of dishes displayed around them (Kaufman 126).The guest list was compiled by government and embassy officials on both sides and was a roll call of Irish and British life. At the President’s table, 10 guests would be served by a team of 10 staff in Dorchester livery. The remaining tables would each seat 12 guests, served by 12 liveried staff. The staff practiced for several days prior to the banquet to make sure that service would proceed smoothly within the time frame allowed. The team of waiters, each carrying a plate, would emerge from the kitchen in single file. They would then take up positions around the table, each waiter standing to the left of the guest they would serve. On receipt of a discreet signal, each plate would be laid in front of each guest at precisely the same moment, after which the waiters would then about foot and return to the kitchen in single file (Mahon 130).Post-prandial entertainment featured distinctive styles of performance and instruments associated with Irish traditional music. These included reels, hornpipes, and slipjigs, voice and harp, sean-nόs (old style) singing, and performances by established Irish artists on the fiddle, bouzouki, flute, and uilleann pipes (Office of Public Works).Culinary Diplomacy: Ireland on a PlateLewis was given the following brief: the menu had to be Irish, the main course must be beef, and the meal should represent the very best of Irish ingredients. There were no restrictions on menu design. There were no dietary requirements or specific requests from the Queen’s representatives, although Lewis was informed that shellfish is excluded de facto from Irish state banquets as a precautionary measure. The meal was to be four courses long and had to be served to 170 diners within exactly 1 hour and 10 minutes (Mahon 112). A small army of 16 chefs and 4 kitchen porters would prepare the food in the kitchen of Dublin Castle under tight security. The dishes would be served on state tableware by 40 waiters, 6 restaurant managers, a banqueting manager and a sommélier. Lewis would be at the helm of the operation as Executive Chef (Mahon 112–13).Lewis started by drawing up “a patchwork quilt” of the products he most wanted to use and built the menu around it. The choice of suppliers was based on experience but also on a supplier’s ability to deliver perfectly ripe goods in mid-May, a typically black spot in the Irish fruit and vegetable growing calendar as it sits between the end of one season and the beginning of another. Lewis consulted the Queen’s itinerary and the menus to be served so as to avoid repetitions. He had to discard his initial plan to feature lobster in the starter and rhubarb in the dessert—the former for the precautionary reasons mentioned above, and the latter because it featured on the Queen’s lunch menu on the day of the banquet (Mahon 112–13).Once the ingredients had been selected, the menu design focused on creating tastes, flavours and textures. Several draft menus were drawn up and myriad dishes were tasted and discussed in the kitchen of Lewis’s own restaurant. Various wines were paired and tasted with the different courses, the final choice being a Château Lynch-Bages 1998 red and a Château de Fieuzal 2005 white, both from French Bordeaux estates with an Irish connection (Kellaghan 3). Two months and two menu sittings later, the final menu was confirmed and signed off by state and embassy officials (Mahon 112–16).The StarterThe banquet’s starter featured organic Clare Island salmon cured in a sweet brine, laid on top of a salmon cream combining wild smoked salmon from the Burren and Cork’s Glenilen Farm crème fraîche, set over a lemon balm jelly from the Tannery Cookery School Gardens, Waterford. Garnished with horseradish cream, wild watercress, and chive flowers from Wicklow, the dish was finished with rapeseed oil from Kilkenny and a little sea salt from West Cork (Mahon 114). Main CourseA main course of Irish beef featured as the pièce de résistance of the menu. A rib of beef from Wexford’s Slaney Valley was provided by Kettyle Irish Foods in Fermanagh and served with ox cheek and tongue from Rathcoole, County Dublin. From along the eastern coastline came the ingredients for the traditional Irish dish of smoked champ: cabbage from Wicklow combined with potatoes and spring onions grown in Dublin. The new season’s broad beans and carrots were served with wild garlic leaf, which adorned the dish (Mahon 113). Cheese CourseThe cheese course was made up of Knockdrinna, a Tomme style goat’s milk cheese from Kilkenny; Milleens, a Munster style cow’s milk cheese produced in Cork; Cashel Blue, a cow’s milk blue cheese from Tipperary; and Glebe Brethan, a Comté style cheese from raw cow’s milk from Louth. Ditty’s Oatmeal Biscuits from Belfast accompanied the course.DessertLewis chose to feature Irish strawberries in the dessert. Pat Clarke guaranteed delivery of ripe strawberries on the day of the banquet. They married perfectly with cream and yoghurt from Glenilen Farm in Cork. The cream was set with Irish Carrageen moss, overlaid with strawberry jelly and sauce, and garnished with meringues made with Irish apple balsamic vinegar from Lusk in North Dublin, yoghurt mousse, and Irish soda bread tuiles made with wholemeal flour from the Mosse family mill in Kilkenny (Mahon 113).The following day, President McAleese telephoned Lewis, saying of the banquet “Ní hé go raibh sé go maith, ach go raibh sé míle uair níos fearr ná sin” (“It’s not that it was good but that it was a thousand times better”). The President observed that the menu was not only delicious but that it was “amazingly articulate in terms of the story that it told about Ireland and Irish food.” The Queen had particularly enjoyed the stuffed cabbage leaf of tongue, cheek and smoked colcannon (a traditional Irish dish of mashed potatoes with curly kale or green cabbage) and had noted the diverse selection of Irish ingredients from Irish artisans (Mahon 116). Irish CuisineWhen the topic of food is explored in Irish historiography, the focus tends to be on the consequences of the Great Famine (1845–49) which left the country “socially and emotionally scarred for well over a century” (Mac Con Iomaire and Gallagher 161). Some commentators consider the term “Irish cuisine” oxymoronic, according to Mac Con Iomaire and Maher (3). As Goldstein observes, Ireland has suffered twice—once from its food deprivation and second because these deprivations present an obstacle for the exploration of Irish foodways (xii). Writing about Italian, Irish, and Jewish migration to America, Diner states that the Irish did not have a food culture to speak of and that Irish writers “rarely included the details of food in describing daily life” (85). Mac Con Iomaire and Maher note that Diner’s methodology overlooks a centuries-long tradition of hospitality in Ireland such as that described by Simms (68) and shows an unfamiliarity with the wealth of food related sources in the Irish language, as highlighted by Mac Con Iomaire (“Exploring” 1–23).Recent scholarship on Ireland’s culinary past is unearthing a fascinating story of a much more nuanced culinary heritage than has been previously understood. This is clearly demonstrated in the research of Cullen, Cashman, Deleuze, Kellaghan, Kelly, Kennedy, Legg, Mac Con Iomaire, Mahon, O’Sullivan, Richman Kenneally, Sexton, and Stanley, Danaher, and Eogan.In 1996 Ireland was described by McKenna as having the most dynamic cuisine in any European country, a place where in the last decade “a vibrant almost unlikely style of cooking has emerged” (qtd. in Mac Con Iomaire “Jammet’s” 136). By 2014, there were nine restaurants in Dublin which had been awarded Michelin stars or Red Ms (Mac Con Iomaire “Jammet’s” 137). Ross Lewis, Chef Patron of Chapter One Restaurant, who would be chosen to create the menu for the state banquet for Queen Elizabeth II, has maintained a Michelin star since 2008 (Mac Con Iomaire, “Jammet’s” 138). Most recently the current strength of Irish gastronomy is globally apparent in Mark Moriarty’s award as San Pellegrino Young Chef 2015 (McQuillan). As Deleuze succinctly states: “Ireland has gone mad about food” (143).This article is part of a research project into Irish diplomatic dining, and the author is part of a research cluster into Ireland’s culinary heritage within the Dublin Institute of Technology. The aim of the research is to add to the growing body of scholarship on Irish gastronomic history and, ultimately, to contribute to the discourse on the existence of a national cuisine. If, as Zubaida says, “a nation’s cuisine is its court’s cuisine,” then it is time for Ireland to “research the feasts as well as the famines” (Mac Con Iomaire and Cashman 97).ConclusionThe Irish state banquet for Queen Elizabeth II in May 2011 was a highly orchestrated and formalised process. From the menu, material culture, entertainment, and level of consultation in the creative content, it is evident that the banquet was carefully curated to represent Ireland’s diplomatic, cultural, and culinary identity.The effects of the visit appear to have been felt in the years which have followed. Hennessy wrote in the Irish Times newspaper that Queen Elizabeth is privately said to regard her visit to Ireland as the most significant of the trips she has made during her 60-year reign. British Prime Minister David Cameron is noted to mention the visit before every Irish audience he encounters, and British Foreign Secretary William Hague has spoken in particular of the impact the state banquet in Dublin Castle made upon him. Hennessy points out that one of the most significant indicators of the peaceful relationship which exists between the two countries nowadays was the subsequent state visit by Irish President Michael D. Higgins to Britain in 2013. This was the first state visit to the United Kingdom by a President of Ireland and would have been unimaginable 25 years ago. The fact that the President and his wife stayed at Windsor Castle and that the attendant state banquet was held there instead of Buckingham Palace were both deemed to be marks of special favour and directly attributed to the success of Her Majesty’s 2011 visit to Ireland.As the research demonstrates, eating together unites rather than separates, gathers rather than divides, diffuses political tensions, and confirms alliances. It might be said then that the 2011 state banquet hosted by President Mary McAleese in honour of Queen Elizabeth II, curated by Ross Lewis, gives particular meaning to the axiom “to eat together is to eat in peace” (Taliano des Garets 160).AcknowledgementsSupervisors: Dr Máirtín Mac Con Iomaire (Dublin Institute of Technology) and Dr Michael Kennedy (Royal Irish Academy)Fáilte IrelandPhotos of the banquet dishes supplied and permission to reproduce them for this article kindly granted by Ross Lewis, Chef Patron, Chapter One Restaurant ‹http://www.chapteronerestaurant.com/›.Illustration ‘Ireland on a Plate’ © Jesse Campbell BrownRemerciementsThe author would like to thank the anonymous reviewers for their feedback and suggestions on an earlier draft of this article.ReferencesAlbala, Ken. The Banquet: Dining in the Great Courts of Late Renaissance Europe. Chicago: University of Illinois, 2007.———. “The Historical Models of Food and Power in European Courts of the Nineteenth Century: An Expository Essay and Prologue.” Royal Taste, Food Power and Status at the European Courts after 1789. Ed. Daniëlle De Vooght. Surrey: Ashgate Publishing, 2011. 13–29.Baughman, John J. “The French Banqueting Campaign of 1847–48.” The Journal of Modern History 31 (1959): 1–15. Cashman, Dorothy. “That Delicate Sweetmeat, the Irish Plum: The Culinary World of Maria Edgeworth.” ‘Tickling the Palate': Gastronomy in Irish Literature and Culture. Ed. Máirtín Mac Con Iomaire, and Eamon Maher. Oxford: Peter Lang, 2014. 15–34.———. “French Boobys and Good English Cooks: The Relationship with French Culinary Influence in Eighteenth- and Nineteenth-Century Ireland.” Reimagining Ireland: Proceedings from the AFIS Conference 2012. Vol. 55 Reimagining Ireland. Ed. Benjamin Keatinge, and Mary Pierse. Bern: Peter Lang, 2014. 207–22.———. “‘This Receipt Is as Safe as the Bank’: Reading Irish Culinary Manuscripts.” M/C Journal 16.3 (2013). ‹http://journal.media-culture.org.au/index.php/mcjournal›.———. “Ireland’s Culinary Manuscripts.” Irish Traditional Cooking, Recipes from Ireland’s Heritage. By Darina Allen. London: Kyle Books, 2012. 14–15.Chapple-Sokol, Sam. “Culinary Diplomacy: Breaking Bread to Win Hearts and Minds.” The Hague Journal of Diplomacy 8 (2013): 161–83.Cullen, Louis M. The Emergence of Modern Ireland 1600–1900. London: Batsford, 1981.Deleuze, Marjorie. “A New Craze for Food: Why Is Ireland Turning into a Foodie Nation?” ‘Tickling the Palate': Gastronomy in Irish Literature and Culture. Ed. Máirtín Mac Con Iomaire, and Eamon Maher. Oxford: Peter Lang, 2014. 143–58.“Details of the State Dinner.” Office of Public Works. 8 Apr. 2013. ‹http://www.dublincastle.ie/HistoryEducation/TheVisitofHerMajestyQueenElizabethII/DetailsoftheStateDinner/›.De Vooght, Danïelle, and Peter Scholliers. Introduction. Royal Taste, Food Power and Status at the European Courts after 1789. Ed. Daniëlle De Vooght. Surrey: Ashgate Publishing, 2011. 1–12.Diner, Hasia. Hungering for America: Italian, Irish & Jewish Foodways in the Age of Migration. Cambridge, MA: Harvard UP, 2001.Firth, Raymond. Symbols: Public and Private. London: George Allen & Unwin, 1973.Foster, Sarah. “Buying Irish: Consumer Nationalism in 18th Century Dublin.” History Today 47.6 (1997): 44–51.Goldstein, Darra. Foreword. ‘Tickling the Palate': Gastronomy in Irish Literature and Culture. Eds. Máirtín Mac Con Iomaire and Eamon Maher. Oxford: Peter Lang, 2014. xi–xvii.Hennessy, Mark. “President to Visit Queen in First State Visit to the UK.” The Irish Times 28 Nov. 2013. 25 May 2015 ‹http://www.irishtimes.com/news/world/uk/president-to-visit-queen-in-first-state-visit-to-the-uk-1.1598127›.“International Historical Conference: Table and Diplomacy—from the Middle Ages to the Present Day—Call for Papers.” Institut Européen d’Histoire et des Cultures de l’Alimentation (IEHCA) 15 Feb. 2015. ‹http://www.iehca.eu/IEHCA_v4/pdf/16-11-3-5-colloque-table-diplomatique-appel-a-com-fr-en.pdf›.Kane, Eileen M.C. “Irish Cloth in Avignon in the Fifteenth Century.” The Journal of the Royal Society of Antiquaries of Ireland. 102.2 (1972): 249–51.Kaufman, Cathy K. “Structuring the Meal: The Revolution of Service à la Russe.” The Meal: Proceedings of the Oxford Symposium on Food and Cookery 2001. Ed. Harlan Walker. Devon: Prospect Books, 2002. 123–33.Kellaghan, Tara. “Claret: The Preferred Libation of Georgian Ireland’s Elite.” Dublin Gastronomy Symposium. Dublin, 6 Jun. 2012. ‹http://arrow.dit.ie/dgs/2012/june612/3/›.Kelly, Fergus. “Early Irish Farming.” Early Irish Law Series. Ed. Fergus Kelly. Volume IV. Dublin: Dublin Institute for Advanced Studies, 1997.Kennedy, Michael. “‘Where’s the Taj Mahal?’: Indian Restaurants in Dublin since 1908.” History Ireland 18.4 (2010): 50–52. ‹http://www.jstor.org/stable/27823031›.Legg, Marie-Louise. “'Irish Wine': The Import of Claret from Bordeaux to Provincial Ireland in the Eighteenth Century.” Irish Provincial Cultures in the Long Eighteenth Century: Making the Middle Sort (Essays for Toby Barnard). Eds. Raymond Gillespie and R[obert] F[itzroy] Foster. Dublin: Four Courts Press, 2012.Mac Con Iomaire, Máirtín. “Haute Cuisine Restaurants in Nineteenth and Twentieth Century Ireland.” Proceedings of the Royal Irish Academy. Section C. DOI: 10.3318/PRIAC.2015.115.06. 2015.———. “‘From Jammet’s to Guilbaud’s’: The Influence of French Haute Cuisine on the Development of Dublin Restaurants.” ‘Tickling the Palate’: Gastronomy in Irish Literature and Culture. Eds. Máirtín Mac Con Iomaire and Eamon Maher. Oxford: Peter Lang, 2014. 121–41. ‹http://arrow.dit.ie/tschafbk/15/›.———. “Exploring the 'Food Motif' in Songs from the Irish Tradition.” Dublin Gastronomy Symposium. Dublin, 3 Jun. 2014. ‹http://arrow.dit.ie/dgs/2014/june314/7/›.———. “Gastro-Topography: Exploring Food Related Placenames in Ireland.” Canadian Journal of Irish Studies. 38.1-2 (2014): 126–57.———. “The Pig in Irish Cuisine and Culture.” M/C Journal 13.5 (2010). ‹http://journal.media-culture.org.au/index.php/mcjournal/article/viewArticle/296›.———. “The Emergence, Development and Influence of French Haute Cuisine on Public Dining Restaurants 1900–2000: An Oral History.” Doctoral Thesis. Dublin Institute of Technology, 2009. ‹http://arrow.dit.ie/tourdoc/12/›.———. “A History of Seafood in Irish Cuisine and Culture.” Wild Food: Proceedings of the Oxford Symposium on Food and Cookery 2004. Ed. Richard Hosking. Totnes, Devon: Prospect Books, 2006. ‹http://arrow.dit.ie/tfschcafcon/3/›.———. “The Pig in Irish Cuisine Past and Present.” The Fat of the Land: Proceedings of the Oxford Symposium on Food and Cookery 2002. Ed. Harlan Walker. Bristol: Footwork, 2003. 207–15. ‹http://arrow.dit.ie/tfschcafcon/1/›.———, and Dorothy Cashman. “Irish Culinary Manuscripts and Printed Books: A Discussion.” Petits Propos Culinaires 94 (2011): 81–101. 16 Mar. 2012 ‹http://arrow.dit.ie/tfschafart/111/›.———, and Tara Kellaghan. “Royal Pomp: Viceregal Celebrations and Hospitality in Georgian Dublin.” Celebration: Proceedings of the Oxford Symposium on Food and Cookery 2011. Ed. Mark McWilliams. Totnes, Devon: Prospect Books. 2012. ‹http://arrow.dit.ie/tfschafart/109/›.———, and Eamon Maher. Introduction. ‘Tickling the Palate': Gastronomy in Irish Literature and Culture. Eds. Máirtín Mac Con Iomaire and Eamon Maher. Oxford: Peter Lang, 2014. 1–11. ‹http://arrow.dit.ie/tschafbk/11/›.———, and Pádraic Óg Gallagher. “The Potato in Irish Cuisine and Culture.” Journal of Culinary Science and Technology 7.2-3 (2009): 152–67. 24 Sep. 2012 ‹http://arrow.dit.ie/tfschafart/3/›.McConnell, Tara. “'Brew as Much as Possible during the Proper Season': Beer Consumption in Elite Households in Eighteenth-Century Ireland.” ‘Tickling the Palate': Gastronomy in Irish Literature and Culture. Eds. Máirtín Mac Con Iomaire and Eamon Maher. Oxford: Peter Lang, 2014. 177–89.McDowell, R[obert] B[rendan]. Historical Essays 1938–2001. Dublin: The Lilliput Press, 2003.McQuillan, Deirdre. “Young Irish Chef Wins International Award in Milan.” The Irish Times. 28 June 2015. 30 June 2015 ‹http://www.irishtimes.com/life-and-style/food-and-drink/young-irish-chef-wins-international-award-in-milan-1.2265725›.Mahon, Bríd. Land of Milk and Honey: The Story of Traditional Irish Food and Drink. Cork: Mercier Press, 1991.Mahon, Elaine. “Eating for Ireland: A Preliminary Investigation into Irish Diplomatic Dining since the Inception of the State.” Diss. Dublin Institute of Technology, 2013.Morgan, Linda. “Diplomatic Gastronomy: Style and Power at the Table.” Food and Foodways: Explorations in the History and Culture of Human Nourishment 20.2 (2012): 146–66.O'Sullivan, Catherine Marie. Hospitality in Medieval Ireland 900–1500. Dublin: Four Courts Press, 2004.Pliner, Patricia, and Paul Rozin. “The Psychology of the Meal.” Dimensions of the Meal: The Science, Culture, Business, and Art of Eating. Ed. Herbert L. Meiselman. Gaithersburg, MD: Aspen, 2000. 19–46.Richman Kenneally, Rhona. “Cooking at the Hearth: The ‘Irish Cottage’ and Women’s Lived Experience.” Memory Ireland. Ed. Oona Frawley. Vol. 2. Syracuse: Syracuse UP, 2012. 224–41.Robins, Joseph. Champagne and Silver Buckles: The Viceregal Court at Dublin Castle 1700–1922. Dublin: The Lilliput Press, 2001.Sexton, Regina. A Little History of Irish Food. Dublin: Gill and Macmillan, 1998.Sobal, Jeffrey, Caron Bove, and Barbara Rauschenbach. "Commensal Careers at Entry into Marriage: Establishing Commensal Units and Managing Commensal Circles." The Sociological Review 50.3 (2002): 378-397.Simms, Katharine. “Guesting and Feasting in Gaelic Ireland.” Journal of the Royal Society of Antiquaries of Ireland 108 (1978): 67–100.Stanley, Michael, Ed Danaher, and James Eogan, eds. Dining and Dwelling. Dublin: National Roads Authority, 2009.Swift, Jonathan. “A Proposal for the Universal Use of Irish Manufacture.” The Prose Works of Jonathan Swift D.D. Ed. Temple Scott. Vol. 7: Historical and Political Tracts. London: George Bell & Sons, 1905. 17–30. 29 July 2015 ‹http://www.ucc.ie/celt/published/E700001-024/›.Taliano des Garets, Françoise. “Cuisine et Politique.” Sciences Po University Press. Vingtième Siècle: Revue d’histoire 59 (1998): 160–61. Williams, Alex. “On the Tip of Creative Tongues.” The New York Times. 4 Oct. 2009. 16 June 2015 ‹http://www.nytimes.com/2009/10/04/fashion/04curate.html?pagewanted=all&_r=0›.Young, Carolin. Apples of Gold in Settings of Silver. New York: Simon & Schuster, 2002.Zubaida, Sami. “Imagining National Cuisines.” TCD/UCD Public Lecture Series. Trinity College, Dublin. 5 Mar. 2014.

Aunty Mary Graham, Kombu-merri elder and philosopher, writes, “you are not alone in the world.” We have a responsibility to each other, as well as to the land, and violence is the refusal of this relationship that binds us (Rose). Similarly, Emmanuel Levinas, a French-Lithuanian Jewish teacher and philosopher who lived through the Holocaust, writes that, “my freedom does not have the last word; I am not alone” (Levinas, Totality 101). For both writers, the recognition that one is not alone in the world creates an imperative to act ethically. For non-Indigenous educators working in the Indigenous Studies space—as arguably all school teachers are, given the Australian Curriculum—their relationship with Indigenous Australia creates an imperative to consider ethics and responsibility in their work. In this article, I use Emmanuel Levinas’s thinking and writing on epistemological violence and ethics as a first philosophy to consider how pre-service teachers engage with the ethical responsibilities inherent in teaching and learning Indigenous Studies.To begin, I will introduce Emmanuel Levinas and his writing on violence, followed by outlining the ways that Indigenous perspectives are incorporated into the Australian Curriculum. I will finish by sharing some of the reflective writing undertaken by pre-service teachers in a compulsory Indigenous education subject at an Australian university. These data show pre-service teachers’ responses to being called into responsibility and relationality, as well as some of the complexities in avoiding what I term here epistemological violence, a grasping of the other by trying to make the other infinitely knowable. The data present a problematic paradox—when pre-service teachers write about their future praxis, they necessarily defer responsibility to the future. This deferral constructs an image of the future which transcends the present, without requiring change in the here and now.Of note, some of this writing speaks to the violence enacted upon Indigenous peoples through the colonisation of Australia. I have tried to write respectfully about these topics. Yet the violence continues, in part via the traumatic nature of such accounts. As a non-Indigenous educator and researcher, I also acknowledge that such histories of violence have predominantly benefited people like myself and that the Countries on which this article was written (Countries of the sovereign Bindal and Wulgurukaba peoples) have never been ceded.Emmanuel Levinas: Ethics as First PhilosophyEmmanuel Levinas was a French-Lithuanian Jewish teacher and philosopher for whom surviving the Holocaust—where most of his family perished—fundamentally changed his philosophy. Following World War II, Levinas critiqued Heidegger’s philosophy, writing that freedom—an unencumbered being in the world—could no longer be considered the first condition of being human (Levinas, Existence). Instead, the presence of others in the world—an intersubjectivity between oneself and another—means that we are always already responsible for the others we encounter. Seeing the other’s face calls us to be accountable for our own actions, to responsibility. If we do not respect that the other is different to one’s self, and instead try to understand them through our own frames of reference, we commit the epistemological violence of reducing the other to the same (Levinas, Totality 46), bringing their infinity into our own totality.The history of Indigenous and non-Indigenous relations both in Australia and globally has been marked by attempts to bring Indigenous peoples into non-Indigenous orders of knowledge (Nakata, “Cultural Interface”). The word “Aboriginal”, derived from the Latin “of the original”, refers to both Indigenous peoples’ position as original inhabitants of lands, but also to the anthropological idea that Indigenous peoples were early and unevolved prototypes of human beings (Peterson). This early idea of what it means to be Indigenous is linked to the now well-known histories of ontological violence. Aboriginal reserves were set up as places for Aboriginal people to perish, a consequence not just of colonisation, but of the perception that Indigenous people were unfit to exist in a modern society. Whilst such racist ideologies linger today, most discourses have morphed in how they grasp Indigenous people into a non-Indigenous totality. In a context where government-funded special measures are used to assist disadvantaged groups, categories such as the Indigenous/non-Indigenous binary can become violent. The Closing the Gap campaign, for example, is based on this categorical binary, where “sickness=Indigenous” and “whiteness=health”. This creates a “moral imperative upon Indigenous Australians to transform themselves” (Pholi et al. 10), to become the dominant category, to be brought into the totality.Levinas’s philosophical writings provide a way to think through the ethical challenges of a predominantly non-Indigenous teaching workforce being tasked to not just approach the teaching of Indigenous students with more care than previous generations, but to also embed Indigenous perspectives and knowledges into their teaching work. Levinas’s warning of a “disinterested acquisition of knowledge” (Reader 78), seemingly unrestrained by memory or relationships, is useful in two ways. First, for pre-service teachers learning about Indigenous education, Levinas’s work provides a reminder of the ethical responsibilities that all members of a community have to each other. However, this responsibility cannot be predicated on unwittingly approaching Indigenous topics through Western knowledge lenses. Instead, Levinas’s work also reminds us about the ethics of knowledge production which shape how others—in this case Indigenous peoples—come to be known; teachers and pre-service teachers must engage with the politics of knowledge that shape how Indigenous peoples come to be known in educational settings.You Are Not Alone in the World: Indigenous Perspectives in the Australian CurriculumIn 2010, the Australian Curriculum was launched by the Australian Curriculum, Assessment and Reporting Authority (ACARA) with the goal of unifying state-driven curricula into a common approach. Developed from the 2008 Melbourne Declaration on Educational Goals for Young Australians (Ministerial Council for Education, Early Childhood Development and Youth Affairs [MCEECDYA]), the Curriculum has occupied a prominent position in the Australian educational policy space. As well as preparing a future workforce, contemporary Australian education is essentially aspirational, “governed by the promise of something better” (Harrison et al. 234), with the Australian Curriculum appearing to promise the same: there is a concerted effort to ensure that all Australians have access to equitable and excellent educational opportunities, and that all students are represented within the Curriculum. Part of this aspiration included the development of three Cross-Curriculum Priorities (CCPs), focus areas that “give students the tools and language to engage with and better understand their world at a range of levels” (ACARA, “Cross-Curriculum Priorities” para. 1). The first of these CCPs is Aboriginal and Torres Strait Islander Histories and Cultures and is organised into three key concepts: connection to Country/Place; diversity of Aboriginal and Torres Strait Islander cultures; and diversity of Aboriginal and Torres Strait Islanders societies. In the curriculum more broadly, content descriptions govern what is taught across subject areas from Prep to Year 10. Content elaborations—possible approaches to teaching the standards—detail ways that Aboriginal and Torres Strait Islander Histories and Cultures can be incorporated. For example, Year 7 Science students learn that “predictable phenomena on Earth, including seasons and eclipses, are caused by the relative positions of the sun, Earth and the moon”. This can be taught by “researching knowledges held by Aboriginal and Torres Strait Islander Peoples regarding the phases of the moon and the connection between the lunar cycle and ocean tides” (ACARA, “Science” ACSSU115). This curriculum priority mandates that teachers and learners across Australia engage in representations of Indigenous peoples through teaching and learning activities. However, questions about what constitutes the most appropriate activities, when and where they are incorporated into schooling, and how to best support educators to do this work must continue to be asked.As Indigenous knowledges and perspectives are brought into the classroom where this curriculum is played out, they are shaped by the discourses of the space (Nakata, “Cultural Interface”): what is normalised in a classroom, the teachers’ and students’ prior understandings, and the curriculum and assessment expectations of teaching and learning. Nakata refers to this space as the cultural interface, the contested space between Indigenous and Western knowledge systems where disciplinary discourses, practices and histories translate what is known about Indigenous peoples. This creates complexities and anxieties for teachers tasked with this role (Nakata, “Pathways”). Yet to ignore the presence of Indigenous histories, lifeworlds, and experiences would be to act as if non-Indigenous Australia was alone in the world. The curriculum, as a socio-political document, is full of representations of people. As such, care must be given to how teachers are prepared to engage in the complex process of negotiating these representations.The Classroom as a Location of PossibilityThe introduction of the Australian Curriculum has been accompanied by the Australian Professional Standards for Teachers (APST) which govern the requirements for graduating teachers. Two particular standards—1.4 and 2.4—refer to the teaching of Indigenous students and histories, cultures and language. Many initial teacher education programs in Australian universities have responded to the curriculum requirements and the APSTs by developing a specific subject dedicated to Indigenous education. It is difficult to ascertain the success of this work. Many in-service teachers suggest that more knowledge about Indigenous cultures is required to meet the APST, risking an essentialised view of the Indigenous learner (Moodie and Patrick). Further, there is little empirical research on what improves Indigenous students’ educational outcomes, with the research instead focusing on engaging Indigenous students (Burgess et al.). Similarly, there is yet to be a broadscale research program exploring how teacher educators can best educate pre-service teachers to improve educational outcomes for Indigenous students. Instead, much of the research focuses on engaging (predominantly non-Indigenous) becoming-teachers through a variety of theoretical and pedagogical approaches (Moreton-Robinson et al.) A handful of researchers (e.g. Moodie; Nakata et al.; Page) are considering how to use curriculum design to structure tertiary level Indigenous Studies programs—for pre-service teachers and more generally—to best prepare students to work within complex uncertainties.Levinas’s philosophy reminds us that we need to push beyond thinking about the engagement of Indigenous peoples within the curriculum to the relationship between educator-researchers and their students. Further, Levinas prompts us to question how we can research in this space in a way that is more than just about “disinterested acquisition of knowledge” (Reader 78), instead utilising critical analysis to consider a praxis which ultimately benefits Indigenous students, families and communities. The encounter with Levinas’s writing challenges us to consider how teacher educators can engage with pre-service teachers in a way that does not suggest that they are inherently racist. Rather, we must teach pre-service teachers to not impress the same type of epistemological violence onto Indigenous students, knowledges and cultures. Such questions prompt an engagement with teaching/research which is respectful of the responsibilities to all involved. As hooks reminds us, education can be a practice of freedom: classrooms are locations of possibilities where students can think critically and question taken-for-granted assumptions about the world. To engage with praxis is to consider teaching not just as a practice, but as a theoretically and justice-driven approach. It is with this backdrop that I move now to consider some of the writings of non-Indigenous pre-service teachers.The Research ProjectThe data presented here is from a recent research project exploring pre-service teachers’ experiences of a compulsory Indigenous education subject as part of a four-year initial teacher education degree in an Australian metropolitan university (see McDowall). The subject prepares pre-service teachers to both embed the Aboriginal and Torres Strait Islander Histories and Cultures CCP in their praxis and to teach Indigenous students. This second element engages both an understanding of Indigenous students as inhabiting an intercultural space with particular tensions (Nakata, “Pathways”), and the social-political-historical discourses that impact Indigenous students’ experiences. This includes the history of Indigenous education, the social construction of race, and a critical awareness of deficit approaches to working with Indigenous students. The subject was designed to promote a critical engagement with Indigenous education, to give pre-service teachers theoretical tools to make sense of both how Indigenous students and Indigenous content are positioned in classrooms and develop pedagogical frameworks to enable future teaching work. Pre-service teachers wrote weekly reflective learning journals as an assessment task (weighted at 30% of their total grade). In the final weeks of semester, I asked students in the final weeks of semester for permission to use their journals for a research project, to which 93 students consented.Reading the students’ reflective writing presents a particular ethical paradox, one intricately linked with the act of knowing. Throughout the semester, a desire to gain more knowledge about Indigenous peoples and cultures shifted to a desire to be present as teacher(s) in the Indigenous education landscape. Yet for pre-service teachers with no classroom of their own, this being present is always deferred to the future, mitigating the need for action in the present. This change in the pre-service teachers’ writing demonstrates that the relationship between violence and responsibility is exceedingly complex within the intersection of Indigenous and teacher education. These themes are explored in the following sections.Epistemological ViolenceOne of the shifts which occurred throughout the semester was a subtle difference in the types of knowledges students sought. In the first few weeks of the subject, many of the pre-service teachers wrote of a strong desire to know about Indigenous people and culture as a way of becoming a better educator. Their expectations were around wanting to address their “limited understandings”, wanting to “heighten”, “develop”, and “broaden” “understanding” and “knowledge”; to know “more about them, their culture”. At the end, knowing and understanding is presented in a different type of way. For some students, the knowledge they now want is about their own histories and culture: “as a teacher I need the bravery to acknowledge what happened in the past”, wrote one student in her final entry.For other students, the idea of knowing was shaped by not-knowing. Moving away from a desire to know, and thereby possess, the students wrote about the need to know no longer being present: “I owe my current sense of confidence to that Nakata article. The education system can’t expect all teachers to know exactly how to embed Indigenous pedagogy into their classrooms, can they?” writes one student in her final entry, following on to say, “the main strategy I got from the readings … still stands true: ‘We don’t know everything’ and I will not act like I do”. Another writes, “I am not an expert and I am now aware of the multitude of resources available, particularly the community”.For the students to claim knowledge of Indigenous peoples would be to enact epistemological violence, denying the alterity—difference—of the other and drawing them into our totalities. In the final weeks of the semester, some students wrote that they would use hands-on, outdoor activities in order to enact a culturally responsive pedagogy. Such a claim shows the tenacity of Western knowledge about Indigenous students. In this case, the students’ sentiment can be traced back to Aboriginal Learning Styles (Harris), the idea that Aboriginal students inherently learn via informal hands-on (as opposed to abstract) group approaches. The type of difference promoted in Aboriginal learning styles is biological, suggesting that on account of their Indigeneity, Aboriginal students inherently learn differently. Through its biological function, this difference essentialises Indigenous learners across the nation, claiming a sameness. But perhaps even more violently, it denies the presence of an Indigenous knowledge system in the place where the research took place. Such an Indigenous knowledge system begins from the land, from Country, and entails a rich set of understandings around how knowledge is produced, shared, learnt and, enacted through place and people-based knowledge practices (Verran). Aboriginal learning styles reduces richness to a more graspable concept: informal learning. To summarise, students’ early claims to knowledge shifted to an understanding that it is okay to ‘not know’—to recognise that as beginning teachers, they are entering a complex field and must continue learning. This change is complicated by the tenacity of knowledge claims which define Indigenous students into a Western order of knowledge. Such claims continue to present themselves in the students writing. Nonetheless, as students progressed through the semester and engaged with some of the difficult knowledges and understandings presented, a new form of knowing emerged. Ethical ResponsibilitiesAs pre-service teachers learned about the complex cultural interface of classrooms, they began to reconsider their own claims to be able to ‘know’ Indigenous students and cultures. This is not to say that pre-service teachers do not feel responsibility for Indigenous students: in many journals, pre-service teachers’ wanted-ness in the classroom—their understanding of their importance of presence as teachers—is evident. To write for themselves a need to be present demonstrates responsibility. This took place as students imagined future praxis. With words woven together from several journals, the students’ final entries indicate a wanting-to-be-present-as-becoming-ethical-teachers: I willremember forever, reactionsshocked, sad, guilty. A difference isI don’t feel guilt.I feelI’m not alone.I feelmore aware ofhow I teachhow my opinionscan affect people. I guesswe are the oneswho must makethe change. I feelsomewhat relieved bywhat today’s lecturer said.“If you’re willingto step outfrom behind fencesto engage meaningfullywith Indigenous communitiesit will not be difficult.” I believethe 8-ways frameworkthe unit of workprovide authentic experiencesare perfect avenuesshape pedagogical practicesI believemy job isto embrace remembrancemake this happenmake sure it stays. I willtake away frameworkssupport Indigenous studentsalongside Indigenous teacherslearn from themconsult with communityimprove my teaching. In these students’ words is an assumed responsibility to incorporate Indigenous knowledges and perspectives into their work as teachers. To wish representations of Indigenous peoples and knowledges present in the classroom is one way in which the becoming-teachers are making themselves present. Even a student who had written that she still didn’t feel completely equipped with pedagogical tools still felt “motivated” to introduce “political issues into Australia’s current system”.Not all students wrote of such presence. One student wrote of feeling left “disappointed”, “out of pocket”, “judged” – that the subject had “just ‘ticked the box’” (a phrase used by a second student as well). Another student wrote a short reflection that scratched the surface of the Apology¹, noting that “sorry is something so easy to say”. It is the mixture of these responses which reminds us as researchers and educators that it is easy to write a sense of presence as a projection into the future into an assessment task for a university subject. Time is another other, and the future can never be grasped, can never truly be known (Levinas, Reader). It is always what is coming, for we can only ever experience the present. These final entries by the students claim a future that they cannot know. This is not to suggest that the words written—the I wills and I believes which roll so quickly off the pen—are not meaningful or meant. Rather, responsibility is deferred to the future. This is not just a responsibility for their future teaching. Deferral to the future can also be a way to ease one’s self of the burden of feeling bad about the social injustices which students observe. As Rose (17) writes,The vision of a future which will transcend the past, a future in which current contradictions and current suffering will be left behind enables us to understand ourselves in an imaginary state of future achievement … enables us to turn our backs on current social facts of pain, damage, destruction and despair which exist in the present, but which we will only acknowledge as our past.The pre-service teachers’ reflective writing presents us with a paradox. As they shift away from the epistemological violence of claiming to know Indigenous others from outside positions, another type of violence manifests: claiming a future which can transcend the past just as they defer responsibility within the present. The deferral is in itself an act of violence. What types, then, of presence—a sense of responsibility—can students-as-becoming-professionals demonstrate?ConclusionRose’s words ask us as researchers and educators to consider what it might mean to “do” ethical practice in the “here and now”. When teachers claim that more knowledge about Indigenous peoples will lead to better practice, they negate the epistemological violence of bringing Indigeneity into a Western order of knowledge. Yet even as pre-service teachers’ frameworks shift toward a sense of responsibility for working with Indigenous students, families, and communities—a sense of presence—they are caught in a necessary but problematic moment of deferral to future praxis. A future orientation enables the deflection of responsibility, focusing on what the pre-service teachers might do in the future when they have their own classrooms, but turning their backs on a lack of action in the present. Such a complexity reveals the paradox of assessing learnings for both researchers and university educators. Pre-service teachers—visitors in placement classrooms and students in universities—are always writing and projecting skill towards the future. As educators, we continually ask for students to demonstrate how they will change their future work in a time yet to come. Yet when pre-service teachers undertake placements, their agency to enact difference as becoming-teachers is limited by the totality of the current school programs in which they find themselves. A reflective learning journal, as assessment directed at projecting their future work as teachers, does not enable or ask for a change in the here and now. We must continue to engage in such complexities in considering the potential of epistemological violence as both researchers and educators. Engaging with philosophy is one way to think about what we do (Kameniar et al.) in Indigenous education, a complex field underpinned by violent historical legacies and decades of discursive policy and one where the majority of the workforce is non-Indigenous and working with ideas outside of their own experiences of being. To remember that we are not alone in the world is to stay present with this complexity.ReferencesAustralian Curriculum and Assessment Reporting Authority. “Cross-Curriculum Priorities.” Australian Curriculum. Australian Curriculum and Assessment Reporting Authority, n.d. 23 Apr. 2020 <https://www.australiancurriculum.edu.au/f-10-curriculum/cross-curriculum-priorities/­>.———. “Science.” Australian Curriculum. Australian Curriculum and Assessment Reporting Authority, n.d. 23 Apr. 2020 <https://www.australiancurriculum.edu.au/f-10-curriculum/science/>.Burgess, Cathie, Christine Tennent, Greg Vass, John Guenther, Kevin Lowe, and Nikki Moodie. “A Systematic Review of Pedagogies That Support, Engage and Improve the Educational Outcomes of Aboriginal Students.” Australian Education Researcher 46.2 (2019): 297-318.Burns, Marcelle. “The Unfinished Business of the Apology: Senate Rejects Stolen Generations Bill 2008 (Cth).” Indigenous Law Bulletin 7.7 (2008): 10-14.Graham, Mary. “Some Thoughts about the Philosophical Underpinnings of Aboriginal Worldviews.” Australian Humanities Review 45 (2008). 6 Nov. 2016 <http://australianhumanitiesreview.org/2008/11/01/some-thoughts-about-the-philosophical-underpinnings-of-aboriginal-worldviews/>.Harris, Stephen. “Aboriginal Learning Styles and Formal Schooling.” The Aboriginal Child at School 12.4 (1984): 3-23.Harrison, Neil, Christine Tennent, Greg Vass, John Guenther, Kevin Lowe, and Nikki Moodie. “Curriculum and Learning in Aboriginal and Torres Strait Islander Education: A Systematic Review.” Australian Educational Researcher 46.2 (2019): 233-251.hooks, bell. Teaching to Transgress: Education as the Practice of Freedom. New York: Routledge, 1994.Kameniar, Barbara, Sally Windsor, and Sue Sifa. “Teaching Beginning Teachers to ‘Think What We Are Doing’ in Indigenous Education.” The Australian Journal of Indigenous Education 43.2 (2014): 113-120.Levinas, Emmanuel. Existence and Existents. Trans. Alphonso Lingis. Pittsburgh, PA: Duquesne UP, 1947/1978.———. Totality and Infinity. Trans. Alphonso Lingis. Pittsburgh, PA: Duquesne UP, 1969.———. The Levinas Reader. Ed. Sean Hand. Oxford: Basil Blackwell, 1989.McDowall, Ailie. “Following Writing Around: Encountering Ethical Responsibilities in Pre-Service Teachers’ Reflective Journals in Indigenous Education.” PhD dissertation. Brisbane: University of Queensland, 2018.Ministerial Council for Education, Early Childhood Development and Youth Affairs. Melbourne Declaration on Educational Goals for Young Australians. Ministerial Council for Education, Early Childhood Development and Youth Affairs, 2008. <http://www.curriculum.edu.au/verve/_resources/National_Declaration_on_the_Educational_Goals_for_Young_Australians.pdf>.Moodie, Nikki. “Learning about Knowledge: Threshold Concepts for Indigenous Studies in Education.” Australian Educational Researcher 46.5 (2019): 735-749.Moodie, Nikki, and Rachel Patrick. “Settler Grammars and the Australian Professional Standards for Teachers.” Asia-Pacific Journal of Teacher Education 45.5 (2017): 439-454.Moreton-Robinson, Aileen, David Singh, Jessica Kolopenuk, and Adam Robinson. Learning the Lessons? Pre-service Teacher Preparation for Teaching Aboriginal and Torres Strait Islander Students. Queensland University of Technology Indigenous Studies Research Network, 2012. <https://www.aitsl.edu.au/docs/default-source/default-document-library/learning-the-lessons-pre-service-teacher-preparation-for-teaching-aboriginal-and-torres-strait-islander-studentsfb0e8891b1e86477b58fff00006709da.pdf?sfvrsn=bbe6ec3c_0>.Nakata, Martin. “The Cultural Interface.” The Australian Journal of Indigenous Education 36.S1 (2007): 7-14.———. “Pathways for Indigenous Education in the Australian Curriculum Framework.” The Australian Journal of Indigenous Education 40 (2011): 1-8.Nakata, Martin, Victoria Nakata, Sarah Keech, and Reuben Bolt. “Decolonial Goals and Pedagogies for Indigenous Studies.” Decolonization: Indigeneity, Education & Society 1.1 (2012): 120-140.Page, Susan. “Exploring New Conceptualisations of Old Problems: Researching and Reorienting Teaching in Indigenous Studies to Transform Student Learning.” The Australian Journal of Indigenous Education 32.1 (2014): 21–30.Peterson, Nicolas. “‘Studying Man and Man’s Nature’: The History of the Institutionalisation of Aboriginal Anthropology.” Australian Aboriginal Studies 2 (1990): 3-19.Pholi, Kerryn, Dan Black, and Craig Richards. “Is ‘Close the Gap’ a Useful Approach to Improving the Health and Wellbeing of Indigenous Australians?” Australian Review of Public Affairs 9.2 (2009): 1-13.Rose, Deborah B. Reports from a Wild Country: Ethics of Decolonisation. Sydney: U of New South Wales P, 2004.Verran, Helen. “Knowledge Systems of Aboriginal Australians: Questions and Answers Arising in a Databasing Project.” Encyclopaedia of the History of Science, Technology, and Medicine in Non-Western Cultures. Ed. Helaine Selin. New York: Springer, 2008. 1171-1177.Note1. The Apology refers to a motion moved in the Federal Parliament by the 2008 Prime Minister. The motion, seconded by the Leader of the Opposition, was an official apology to members of the Stolen Generations, Indigenous peoples who had been removed from their families by the state. A bill to establish a compensation fund as reparations was not passed (Burns).

1. Guy Debord in the Land of the Long WeekendIt’s the weekend – leisure time. It’s the interlude when, Guy Debord contends, the proletarian is briefly free of the “total contempt so clearly built into every aspect of the organization and management of production” in commodity capitalism; when workers are temporarily “treated like grown-ups, with a great show of solicitude and politeness, in their new role as consumers.” But this patronising show turns out to be another form of subjection to the diktats of “political economy”: “the totality of human existence falls under the regime of the ‘perfected denial of man’.” (30). As Debord suggests, even the creation of leisure time and space is predicated upon a form of contempt: the “perfected denial” of who we, as living people, really are in the eyes of those who presume the power to legislate our working practices and private identities.This Saturday The Weekend Australian runs an opinion piece by Christopher Pearson, defending ABC Radio National’s Stephen Crittenden, whose program The Religion Report has been axed. “Some of Crittenden’s finest half-hours have been devoted to Islam in Australia in the wake of September 11,” Pearson writes. “Again and again he’s confronted a left-of-centre audience that expected multi-cultural pieties with disturbing assertions.” Along the way in this admirable Crusade, Pearson notes that Crittenden has exposed “the Left’s recent tendency to ally itself with Islam.” According to Pearson, Crittenden has also thankfully given oxygen to claims by James Cook University’s Mervyn Bendle, the “fairly conservative academic whose work sometimes appears in [these] pages,” that “the discipline of critical terrorism studies has been captured by neo-Marxists of a postmodern bent” (30). Both of these points are well beyond misunderstanding or untested proposition. If Pearson means them sincerely he should be embarrassed and sacked. But of course he does not and will not be. These are deliberate lies, the confabulations of an eminent right-wing culture warrior whose job is to vilify minorities and intellectuals (Bendle escapes censure as an academic because he occasionally scribbles for the Murdoch press). It should be observed, too, how the patent absurdity of Pearson’s remarks reveals the extent to which he holds the intelligence of his readers in contempt. And he is not original in peddling these toxic wares.In their insightful—often hilarious—study of Australian opinion writers, The War on Democracy, Niall Lucy and Steve Mickler identify the left-academic-Islam nexus as the brain-child of former Treasurer-cum-memoirist Peter Costello. The germinal moment was “a speech to the Australian American Leadership Dialogue forum at the Art Gallery of NSW in 2005” concerning anti-Americanism in Australian schools. Lucy and Mickler argue that “it was only a matter of time” before a conservative politician or journalist took the plunge to link the left and terrorism, and Costello plunged brilliantly. He drew a mental map of the Great Chain of Being: left-wing academics taught teacher trainees to be anti-American; teacher trainees became teachers and taught kids to be anti-American; anti-Americanism morphs into anti-Westernism; anti-Westernism veers into terrorism (38). This is contempt for the reasoning capacity of the Australian people and, further still, contempt for any observable reality. Not for nothing was Costello generally perceived by the public as a politician whose very physiognomy radiated smugness and contempt.Recycling Costello, Christopher Pearson’s article subtly interpellates the reader as an ordinary, common-sense individual who instinctively feels what’s right and has no need to think too much—thinking too much is the prerogative of “neo-Marxists” and postmodernists. Ultimately, Pearson’s article is about channelling outrage: directing the down-to-earth passions of the Australian people against stock-in-trade culture-war hate figures. And in Pearson’s paranoid world, words like “neo-Marxist” and “postmodern” are devoid of historical or intellectual meaning. They are, as Lucy and Mickler’s War on Democracy repeatedly demonstrate, mere ciphers packed with the baggage of contempt for independent critical thought itself.Contempt is everywhere this weekend. The Weekend Australian’s colour magazine runs a feature story on Malcolm Turnbull: one of those familiar profiles designed to reveal the everyday human touch of the political classes. In this puff-piece, Jennifer Hewett finds Turnbull has “a restless passion for participating in public life” (20); that beneath “the aggressive political rhetoric […] behind the journalist turned lawyer turned banker turned politician turned would-be prime minister is a man who really enjoys that human interaction, however brief, with the many, many ordinary people he encounters” (16). Given all this energetic turning, it’s a wonder that Turnbull has time for human interactions at all. The distinction here of Turnbull and “many, many ordinary people” – the anonymous masses – surely runs counter to Hewett’s brief to personalise and quotidianise him. Likewise, those two key words, “however brief”, have an unfortunate, unintended effect. Presumably meant to conjure a picture of Turnbull’s hectic schedules and serial turnings, the words also convey the image of a patrician who begrudgingly knows one of the costs of a political career is that common flesh must be pressed—but as gingerly as possible.Hewett proceeds to disclose that Turnbull is “no conservative cultural warrior”, “onfounds stereotypes” and “hates labels” (like any baby-boomer rebel) and “has always read widely on political philosophy—his favourite is Edmund Burke”. He sees the “role of the state above all as enabling people to do their best” but knows that “the main game is the economy” and is “content to play mainstream gesture politics” (19). I am genuinely puzzled by this and imagine that my intelligence is being held in contempt once again. That the man of substance is given to populist gesturing is problematic enough; but that the Burke fan believes the state is about personal empowerment is just too much. Maybe Turnbull is a fan of Burke’s complex writings on the sublime and the beautiful—but no, Hewett avers, Turnbull is engaged by Burke’s “political philosophy”. So what is it in Burke that Turnbull finds to favour?Turnbull’s invocation of Edmund Burke is empty, gestural and contradictory. The comfortable notion that the state helps people to realise their potential is contravened by Burke’s view that the state functions so “the inclinations of men should frequently be thwarted, their will controlled, and their passions brought into subjection… by a power out of themselves” (151). Nor does Burke believe that anyone of humble origins could or should rise to the top of the social heap: “The occupation of an hair-dresser, or of a working tallow-chandler, cannot be a matter of honour to any person… the state suffers oppression, if such as they, either individually or collectively, are permitted to rule” (138).If Turnbull’s main game as a would-be statesman is the economy, Burke profoundly disagrees: “the state ought not to be considered as nothing better than a partnership agreement in a trade of pepper and coffee, callico or tobacco, or some other such low concern… It is a partnership in all science; a partnership in all art; a partnership in every virtue, and in all perfection”—a sublime entity, not an economic manager (194). Burke understands, long before Antonio Gramsci or Louis Althusser, that individuals or social fractions must be made admirably “obedient” to the state “by consent or force” (195). Burke has a verdict on mainstream gesture politics too: “When men of rank sacrifice all ideas of dignity to an ambition without a distinct object, and work with low instruments and for low ends, the whole composition [of the state] becomes low and base” (136).Is Malcolm Turnbull so contemptuous of the public that he assumes nobody will notice the gross discrepancies between his own ideals and what Burke stands for? His invocation of Burke is, indeed, “mainstream gesture politics”: on one level, “Burke” signifies nothing more than Turnbull’s performance of himself as a deep thinker. In this process, the real Edmund Burke is historically erased; reduced to the status of stage-prop in the theatrical production of Turnbull’s mass-mediated identity. “Edmund Burke” is re-invented as a term in an aesthetic repertoire.This transmutation of knowledge and history into mere cipher is the staple trick of culture-war discourse. Jennifer Hewett casts Turnbull as “no conservative culture warrior”, but he certainly shows a facility with culture-war rhetoric. And as much as Turnbull “confounds stereotypes” his verbal gesture to Edmund Burke entrenches a stereotype: at another level, the incantation “Edmund Burke” is implicitly meant to connect Turnbull with conservative tradition—in the exact way that John Howard regularly self-nominated as a “Burkean conservative”.This appeal to tradition effectively places “the people” in a power relation. Tradition has a sublimity that is bigger than us; it precedes us and will outlast us. Consequently, for a politician to claim that tradition has fashioned him, that he is welded to it or perhaps even owns it as part of his heritage, is to glibly imply an authority greater than that of “the many, many ordinary people”—Burke’s hair-dressers and tallow-chandlers—whose company he so briefly enjoys.In The Ideology of the Aesthetic, Terry Eagleton assesses one of Burke’s important legacies, placing him beside another eighteenth-century thinker so loved by the right—Adam Smith. Ideology of the Aesthetic is premised on the view that “Aesthetics is born as a discourse of the body”; that the aesthetic gives form to the “primitive materialism” of human passions and organises “the whole of our sensate life together… a society’s somatic, sensational life” (13). Reading Smith’s Theory of Moral Sentiments, Eagleton discerns that society appears as “an immense machine, whose regular and harmonious movements produce a thousand agreeable effects”, like “any production of human art”. In Smith’s work, the “whole of social life is aestheticized” and people inhabit “a social order so spontaneously cohesive that its members no longer need to think about it.” In Burke, Eagleton discovers that the aesthetics of “manners” can be understood in terms of Gramscian hegemony: “in the aesthetics of social conduct, or ‘culture’ as it would later be called, the law is always with us, as the very unconscious structure of our life”, and as a result conformity to a dominant ideological order is deeply felt as pleasurable and beautiful (37, 42). When this conservative aesthetic enters the realm of politics, Eagleton contends, the “right turn, from Burke” onwards follows a dark trajectory: “forget about theoretical analysis… view society as a self-grounding organism, all of whose parts miraculously interpenetrate without conflict and require no rational justification. Think with the blood and the body. Remember that tradition is always wiser and richer than one’s own poor, pitiable ego. It is this line of descent, in one of its tributaries, which will lead to the Third Reich” (368–9).2. Jean Baudrillard, the Nazis and Public MemoryIn 1937, during the Spanish Civil War, the Third Reich’s Condor Legion of the Luftwaffe was on loan to Franco’s forces. On 26 April that year, the Condor Legion bombed the market-town of Guernica: the first deliberate attempt to obliterate an entire town from the air and the first experiment in what became known as “terror bombing”—the targeting of civilians. A legacy of this violence was Pablo Picasso’s monumental canvas Guernica – the best-known anti-war painting in art history.When US Secretary of State Colin Powell addressed the United Nations on 5 February 2003 to make the case for war on Iraq, he stopped to face the press in the UN building’s lobby. The doorstop was globally televised, packaged as a moment of incredible significance: history in the making. It was also theatre: a moment in which history was staged as “event” and the real traces of history were carefully erased. Millions of viewers world-wide were undoubtedly unaware that the blue backdrop before which Powell stood was specifically designed to cover the full-scale tapestry copy of Picasso’s Guernica. This one-act, agitprop drama was a splendid example of politics as aesthetic action: a “performance” of history in the making which required the loss of actual historical memory enshrined in Guernica. Powell’s performance took its cues from the culture wars, which require the ceaseless erasure of history and public memory—on this occasion enacted on a breathtaking global, rather than national, scale.Inside the UN chamber, Powell’s performance was equally staged-crafted. As he brandished vials of ersatz anthrax, the power-point behind him (the theatrical set) showed artists’ impressions of imaginary mobile chemical weapons laboratories. Powell was playing lead role in a kind of populist, hyperreal production. It was Jean Baudrillard’s postmodernism, no less, as the media space in which Powell acted out the drama was not a secondary representation of reality but a reality of its own; the overheads of mobile weapons labs were simulacra, “models of a real without origins or reality”, pictures referring to nothing but themselves (2). In short, Powell’s performance was anchored in a “semiurgic” aesthetic; and it was a dreadful real-life enactment of Walter Benjamin’s maxim that “All efforts to render politics aesthetic culminate in one thing: war” (241).For Benjamin, “Fascism attempts to organize the newly created proletarian masses without affecting the property structure which the masses strive to eliminate.” Fascism gave “these masses not their right, but instead a chance to express themselves.” In turn, this required “the introduction of aesthetics into politics”, the objective of which was “the production of ritual values” (241). Under Adolf Hitler’s Reich, people were able to express themselves but only via the rehearsal of officially produced ritual values: by their participation in the disquisition on what Germany meant and what it meant to be German, by the aesthetic regulation of their passions. As Frederic Spotts’ fine study Hitler and the Power of Aesthetics reveals, this passionate disquisition permeated public and private life, through the artfully constructed total field of national narratives, myths, symbols and iconographies. And the ritualistic reiteration of national values in Nazi Germany hinged on two things: contempt and memory loss.By April 1945, as Berlin fell, Hitler’s contempt for the German people was at its apogee. Hitler ordered a scorched earth operation: the destruction of everything from factories to farms to food stores. The Russians would get nothing, the German people would perish. Albert Speer refused to implement the plan and remembered that “Until then… Germany and Hitler had been synonymous in my mind. But now I saw two entities opposed… A passionate love of one’s country… a leader who seemed to hate his people” (Sereny 472). But Hitler’s contempt for the German people was betrayed in the blusterous pages of Mein Kampf years earlier: “The receptivity of the great masses is very limited, their intelligence is small, but their power of forgetting is enormous” (165). On the back of this belief, Hitler launched what today would be called a culture war, with its Jewish folk devils, loathsome Marxist intellectuals, incitement of popular passions, invented traditions, historical erasures and constant iteration of values.When Theodor Adorno and Max Horkheimer fled Fascism, landing in the United States, their view of capitalist democracy borrowed from Benjamin and anticipated both Baudrillard and Guy Debord. In their well-know essay on “The Culture Industry”, in Dialectic of Enlightenment, they applied Benjamin’s insight on mass self-expression and the maintenance of property relations and ritual values to American popular culture: “All are free to dance and enjoy themselves”, but the freedom to choose how to do so “proves to be the freedom to choose what is always the same”, manufactured by monopoly capital (161–162). Anticipating Baudrillard, they found a society in which “only the copy appears: in the movie theatre, the photograph; on the radio, the recording” (143). And anticipating Debord’s “perfected denial of man” they found a society where work and leisure were structured by the repetition-compulsion principles of capitalism: where people became consumers who appeared “s statistics on research organization charts” (123). “Culture” came to do people’s thinking for them: “Pleasure always means not to think about anything, to forget suffering even where it is shown” (144).In this mass-mediated environment, a culture of repetitions, simulacra, billboards and flickering screens, Adorno and Horkheimer concluded that language lost its historical anchorages: “Innumerable people use words and expressions which they have either ceased to understand or employ only because they trigger off conditioned reflexes” in precisely the same way that the illusory “free” expression of passions in Germany operated, where words were “debased by the Fascist pseudo-folk community” (166).I know that the turf of the culture wars, the US and Australia, are not Fascist states; and I know that “the first one to mention the Nazis loses the argument”. I know, too, that there are obvious shortcomings in Adorno and Horkheimer’s reactions to popular culture and these have been widely criticised. However, I would suggest that there is a great deal of value still in Frankfurt School analyses of what we might call the “authoritarian popular” which can be applied to the conservative prosecution of populist culture wars today. Think, for example, how the concept of a “pseudo folk community” might well describe the earthy, common-sense public constructed and interpellated by right-wing culture warriors: America’s Joe Six-Pack, John Howard’s battlers or Kevin Rudd’s working families.In fact, Adorno and Horkheimer’s observations on language go to the heart of a contemporary culture war strategy. Words lose their history, becoming ciphers and “triggers” in a politicised lexicon. Later, Roland Barthes would write that this is a form of myth-making: “myth is constituted by the loss of the historical quality of things.” Barthes reasoned further that “Bourgeois ideology continuously transforms the products of history into essential types”, generating a “cultural logic” and an ideological re-ordering of the world (142). Types such as “neo-Marxist”, “postmodernist” and “Burkean conservative”.Surely, Benjamin’s assessment that Fascism gives “the people” the occasion to express itself, but only through “values”, describes the right’s pernicious incitement of the mythic “dispossessed mainstream” to reclaim its voice: to shout down the noisy minorities—the gays, greenies, blacks, feminists, multiculturalists and neo-Marxist postmodernists—who’ve apparently been running the show. Even more telling, Benjamin’s insight that the incitement to self-expression is connected to the maintenance of property relations, to economic power, is crucial to understanding the contemptuous conduct of culture wars.3. Jesus Dunked in Urine from Kansas to CronullaAmerican commentator Thomas Frank bases his study What’s the Matter with Kansas? on this very point. Subtitled How Conservatives Won the Heart of America, Frank’s book is a striking analysis of the indexation of Chicago School free-market reform and the mobilisation of “explosive social issues—summoning public outrage over everything from busing to un-Christian art—which it then marries to pro-business policies”; but it is the “economic achievements” of free-market capitalism, “not the forgettable skirmishes of the never-ending culture wars” that are conservatism’s “greatest monuments.” Nevertheless, the culture wars are necessary as Chicago School economic thinking consigns American communities to the rust belt. The promise of “free-market miracles” fails ordinary Americans, Frank reasons, leaving them in “backlash” mode: angry, bewildered and broke. And in this context, culture wars are a convenient form of anger management: “Because some artist decides to shock the hicks by dunking Jesus in urine, the entire planet must remake itself along the lines preferred” by nationalist, populist moralism and free-market fundamentalism (5).When John Howard received the neo-conservative American Enterprise Institute’s Irving Kristol Award, on 6 March 2008, he gave a speech in Washington titled “Sharing Our Common Values”. The nub of the speech was Howard’s revelation that he understood the index of neo-liberal economics and culture wars precisely as Thomas Frank does. Howard told the AEI audience that under his prime ministership Australia had “pursued reform and further modernisation of our economy” and that this inevitably meant “dislocation for communities”. This “reform-dislocation” package needed the palliative of a culture war, with his government preaching the “consistency and reassurance” of “our nation’s traditional values… pride in her history”; his government “became assertive about the intrinsic worth of our national identity. In the process we ended the seemingly endless seminar about that identity which had been in progress for some years.” Howard’s boast that his government ended the “seminar” on national identity insinuates an important point. “Seminar” is a culture-war cipher for intellection, just as “pride” is code for passion; so Howard’s self-proclaimed achievement, in Terry Eagleton’s terms, was to valorise “the blood and the body” over “theoretical analysis”. This speaks stratospheric contempt: ordinary people have their identity fashioned for them; they need not think about it, only feel it deeply and passionately according to “ritual values”. Undoubtedly this paved the way to Cronulla.The rubric of Howard’s speech—“Sharing Our Common Values”—was both a homage to international neo-conservatism and a reminder that culture wars are a trans-national phenomenon. In his address, Howard said that in all his “years in politics” he had not heard a “more evocative political slogan” than Ronald Reagan’s “Morning in America”—the rhetorical catch-cry for moral re-awakening that launched the culture wars. According to Lawrence Grossberg, America’s culture wars were predicated on the perception that the nation was afflicted by “a crisis of our lack of passion, of not caring enough about the values we hold… a crisis of nihilism which, while not restructuring our ideological beliefs, has undermined our ability to organise effective action on their behalf”; and this “New Right” alarmism “operates in the conjuncture of economics and popular culture” and “a popular struggle by which culture can lead politics” in the passionate pursuit of ritual values (31–2). When popular culture leads politics in this way we are in the zone of the image, myth and Adorno and Horkheimer’s “trigger words” that have lost their history. In this context, McKenzie Wark observes that “radical writers influenced by Marx will see the idea of culture as compensation for a fragmented and alienated life as a con. Guy Debord, perhaps the last of the great revolutionary thinkers of Europe, will call it “the spectacle”’ (20). Adorno and Horkheimer might well have called it “the authoritarian popular”. As Jonathan Charteris-Black’s work capably demonstrates, all politicians have their own idiolect: their personally coded language, preferred narratives and myths; their own vision of who “the people” might or should be that is conjured in their words. But the language of the culture wars is different. It is not a personal idiolect. It is a shared vocabulary, a networked vernacular, a pervasive trans-national aesthetic that pivots on the fact that words like “neo-Marxist”, “postmodern” and “Edmund Burke” have no historical or intellectual context or content: they exist as the ciphers of “values”. And the fact that culture warriors continually mouth them is a supreme act of contempt: it robs the public of its memory. And that’s why, as Lucy and Mickler’s War on Democracy so wittily argues, if there are any postmodernists left they’ll be on the right.Benjamin, Adorno, Horkheimer and, later, Debord and Grossberg understood how the political activation of the popular constitutes a hegemonic project. The result is nothing short of persuading “the people” to collaborate in its own oppression. The activation of the popular is perfectly geared to an age where the main stage of political life is the mainstream media; an age in which, Charteris-Black notes, political classes assume the general antipathy of publics to social change and act on the principle that the most effective political messages are sold to “the people” by an appeal “to familiar experiences”—market populism (10). In her substantial study The Persuaders, Sally Young cites an Australian Labor Party survey, conducted by pollster Rod Cameron in the late 1970s, in which the party’s message machine was finely tuned to this populist position. The survey also dripped with contempt for ordinary people: their “Interest in political philosophy… is very low… They are essentially the products (and supporters) of mass market commercialism”. Young observes that this view of “the people” was the foundation of a new order of political advertising and the conduct of politics on the mass-media stage. Cameron’s profile of “ordinary people” went on to assert that they are fatally attracted to “a moderate leader who is strong… but can understand and represent their value system” (47): a prescription for populist discourse which begs the question of whether the values a politician or party represent via the media are ever really those of “the people”. More likely, people are hegemonised into a value system which they take to be theirs. Writing of the media side of the equation, David Salter raises the point that when media “moguls thunder about ‘the public interest’ what they really mean is ‘what we think the public is interested in”, which is quite another matter… Why this self-serving deception is still so sheepishly accepted by the same public it is so often used to violate remains a mystery” (40).Sally Young’s Persuaders retails a story that she sees as “symbolic” of the new world of mass-mediated political life. The story concerns Mark Latham and his “revolutionary” journeys to regional Australia to meet the people. “When a political leader who holds a public meeting is dubbed a ‘revolutionary’”, Young rightly observes, “something has gone seriously wrong”. She notes how Latham’s “use of old-fashioned ‘meet-and-greet’campaigning methods was seen as a breath of fresh air because it was unlike the type of packaged, stage-managed and media-dependent politics that have become the norm in Australia.” Except that it wasn’t. “A media pack of thirty journalists trailed Latham in a bus”, meaning, that he was not meeting the people at all (6–7). He was traducing the people as participants in a media spectacle, as his “meet and greet” was designed to fill the image-banks of print and electronic media. Even meeting the people becomes a media pseudo-event in which the people impersonate the people for the camera’s benefit; a spectacle as artfully deceitful as Colin Powell’s UN performance on Iraq.If the success of this kind of “self-serving deception” is a mystery to David Salter, it would not be so to the Frankfurt School. For them, an understanding of the processes of mass-mediated politics sits somewhere near the core of their analysis of the culture industries in the “democratic” world. I think the Frankfurt school should be restored to a more important role in the project of cultural studies. Apart from an aversion to jazz and other supposedly “elitist” heresies, thinkers like Adorno, Benjamin, Horkheimer and their progeny Debord have a functional claim to provide the theory for us to expose the machinations of the politics of contempt and its aesthetic ruses.ReferencesAdorno, Theodor and Max Horkheimer. "The Culture Industry: Enlightenment as Mass Deception." Dialectic of Enlightenment. London: Verso, 1979. 120–167.Barthes Roland. “Myth Today.” Mythologies. Trans. Annette Lavers. St Albans: Paladin, 1972. 109–58.Baudrillard, Jean. Simulations. New York: Semiotext(e), 1983.Benjamin, Walter. “The Work of Art in the Age of Mechanical Reproduction.” Illuminations. Ed. Hannah Arendt. Trans. Harry Zorn. New York: Schocken Books, 1969. 217–251.Burke, Edmund. Reflections on the Revolution in France. Ed. Conor Cruise O’Brien. Harmondsworth: Penguin, 1969.Charteris-Black, Jonathan. Politicians and Rhetoric: The Persuasive Power of Metaphor. Houndmills: Palgrave Macmillan, 2006.Debord, Guy. The Society of the Spectacle. Trans. Donald Nicholson-Smith. New York: Zone Books, 1994.Eagleton, Terry. The Ideology of the Aesthetic. Oxford: Basil Blackwell, 1990.Frank, Thomas. What’s the Matter with Kansas?: How Conservatives Won the Heart of America. New York: Henry Holt and Company, 2004.Grossberg, Lawrence. “It’s a Sin: Politics, Post-Modernity and the Popular.” It’s a Sin: Essays on Postmodern Politics & Culture. Eds. Tony Fry, Ann Curthoys and Paul Patton. Sydney: Power Publications, 1988. 6–71.Hewett, Jennifer. “The Opportunist.” The Weekend Australian Magazine. 25–26 October 2008. 16–22.Hitler, Adolf. Mein Kampf. Trans. Ralph Manheim. London: Pimlico, 1993.Howard, John. “Sharing Our Common Values.” Washington: Irving Kristol Lecture, American Enterprise Institute. 5 March 2008. ‹http://www.theaustralian.news.com.au/story/0,25197,233328945-5014047,00html›.Lucy, Niall and Steve Mickler. The War on Democracy: Conservative Opinion in the Australian Press. Crawley: University of Western Australia Press, 2006.Pearson, Christopher. “Pray for Sense to Prevail.” The Weekend Australian. 25–26 October 2008. 30.Salter, David. The Media We Deserve: Underachievement in the Fourth Estate. Melbourne: Melbourne UP, 2007. Sereny, Gitta. Albert Speer: His Battle with Truth. London: Picador, 1996.Spotts, Frederic. Hitler and the Power of Aesthetics. London: Pimlico, 2003.Wark, McKenzie. The Virtual Republic: Australia’s Culture Wars of the 1990s. St Leonards: Allen & Unwin, 1997.Young, Sally. The Persuaders: Inside the Hidden Machine of Political Advertising. Melbourne: Pluto Press, 2004.

This chapter focuses on Article 9, which affords the parties relatively wide latitude to modify claims, counterclaims, or defenses, including set-offs. The ICDR Rules provide a permissive standard, establishing that modification by means of amendment and supplementation is possible at any time during the proceedings, as long as the arbitral tribunal considers it appropriate. Such claim, counterclaim, set-off, or defense modifications are required to be within the scope of the arbitration agreement—that is, the boundaries of an arbitral tribunal’s jurisdiction. The parties’ general right to amend their claims or defenses, including set-off, is subject to the tribunal’s power of rejection on grounds of unexcused delay or prejudice to the parties or proceedings.

This chapter looks at Article 19 of the ICDR Rules. An arbitral tribunal must consider whether it has jurisdiction over the subject matter of any dispute that comes before it. Article 19 provides the tribunal with authority to determine this preliminary question by deciding any objections to its jurisdiction relating to the ‘existence, scope, or validity of the arbitration agreement’. Under Article 19(3), jurisdictional objections must be made no later than the filing of the Answer to a particular claim, counterclaim, or set-off. Meanwhile, Article 19(4) is a new provision added to the ICDR Rules with the 2014 amendments to make clear that objections to jurisdiction will not prevent the ICDR from administrating the case in the preliminary stages of the arbitration, including for purposes of constituting the tribunal.

Abstract The Zealots were a revolutionary faction in Israel during the Roman occupation, active in the first century A.D. Although the Romans rarely did anything to hamper the Jews of lsrael in the practice of their religion, the Roman worship of their own gods offended many Jews. The affront they felt to their faith, coupled with a series of harsh Roman rulers, set off a revolt that had ruinous consequences for the Jewish people. The first mention of a popular leader resisting Roman rule is that of Judas of Galilee in A.D. 6/7. He preached resistance to the census ordered by the Romans, possibly the same one mentioned in the biblical book of Luke. He was killed in this revolt, and his death gave rise to the Zealots. They were politically active in opposing Roman rule and were fundamentalist in their interpretation of the Jewish Law. They followed the extremely conservative teachings of Shammai, a member of the Sanhedrin, the semi-governing body of interpreters of Jewish Law. Any Israelite who cooperated with Rome became a target of Zealot wrath. A small faction of the Zealots, the Sicarii (from sica, a dagger), became assassins, attacking not only Romans but Jews who cooperated with them. For a time the Zealots remained a religious faction preaching their conservative values, but they came to the fore in A.D. 41, when the Romans attempted to place a statue of the emperor in Jerusalem’s temple. Zealots attacked a Roman patrol, and the Romans responded by violating a neighboThood synagogue. Such incidents could well have been blown out of proportion and used to inflame the population. Still, the uprisings remained limited until the appointment of Gessius Florus as procurator of israel in A.D. 67.