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1

Wagner, Gerhard. "Termination and cure under the Common European Sales Law: Consumer protection misunderstood." Common Market Law Review 50, Special Issue (March 1, 2013): 147–67. http://dx.doi.org/10.54648/cola2013041.

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The CESL'sscheme of remedies for defective performance by the seller is different for commercial sales and for consumer sales. In case of a commercial transaction (B2B), the seller has a right to cure defective performance either by repair or by replacement, before the merchant-buyer is entitled toterminate the contract. The priority of cure over rescission offers an efficient solution as it keeps buyer opportunism at bay, while preserving the incentives of the seller to deliver conforming goods. The scheme of remedies for transactions involving consumer-buyers(B2C)deviates from this reasonable solution as the buyer, in the case of defective tender, is entitled to immediate rescission. The right to immediate cancellation is meant to privilege consumer-buyers but, in truth,this backfires as it increases the costs of sellers without benefitting buyers in the same or a higher measure. The right to immediate rescission allows buyers to call off the contract for opportunistic reasons, such as a drop in market price or, more importantly, a revision of personal preferences. The resulting increase in the costs of sellers will be passed on to the class of buyers through price increases. In this way,opportunistic buyers will be able to shift the costs associated with their behaviour to faithful buyers who will be forced to cross-subsidize their opportunistic brethren. It seems that this rather sad outcome is not what the framers of the CESL had in mind when they tried to enhance the remedies of consumer-buyers.
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Adams, Jacqueline. "When Art Loses its Sting: The Evolution of Protest Art in Authoritarian Contexts." Sociological Perspectives 48, no. 4 (December 2005): 531–58. http://dx.doi.org/10.1525/sop.2005.48.4.531.

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Change in art is an understudied topic in sociological research. This article examines protest artworks ( arpilleras) produced by shantytown women during and shortly after the dictatorship in Chile, to explore the question why political art that is for sale changes over time. This research is based on 136 semi-structured and in-depth interviews with various members of the art world in Chile, Europe, and the United States, a year's worth of participant observation of art groups in Santiago and over five hundred photographs of arpilleras, taken by the author and analyzed thematically. Political art that is for sale can change because the intermediary (the organization connecting producers and buyers) becomes less or more politically conservative, develops a precarious financial situation, grows more afraid of repression, and has the power to enforce the changes it desires; because the original buyers are replaced with new buyers with different motivations; and because new artists with new ideas begin making the art, one artist in the group produces something different and the idea spreads, artists censor themselves, and artists have new experiences or learn about new events. Through these sources of change, international social movements, local and international political and economic developments, and global institutions impact the art. Meanings attached to the art by the different parties (intermediaries, buyers, and artists) and class differences between artists and intermediaries are also important in facilitating change. These findings, based as they are on political art made in a repressive context, not only contribute to our understanding of artistic evolution but they help correct the bias in the sociology of art toward “art” made in democratic countries of the “First World.” They are not just applicable to authoritarian regimes but also to art by politicized minority groups in democratic contexts, and to other cultural products such as newspapers, magazines, documentaries, and books.
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Kaklauskas, Ubarte, Kalibatas, Lill, Velykorusova, Volginas, Vinogradova, et al. "A Multisensory, Green, and Energy Efficient Housing Neuromarketing Method." Energies 12, no. 20 (October 10, 2019): 3836. http://dx.doi.org/10.3390/en12203836.

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Green products, clean energy, energy union, green buildings, eco-innovations, environment-related, and similar initiatives and policies have become very popular and widely applied all over the world. A pleasant built environment (parks, flowerbeds, beautiful buildings) and a repulsive environment (noise, polluted surroundings) influence a buyer’s outlook on an advertisement differently. An aesthetic, comfortable, and clean built environment evokes positive emotional states, not only at the time of housing selection and purchase but during the building’s life cycle as well. Potential housing buyers always feel comfortable in certain built environments, and they are inclined to spend more time there. The issues needing answers are how to measure the segmentation/physiological indicators (crowd composition by gender and age groups), as well as the emotional (happy, sad, angry, valence) and physiological (heart rate) states of potential homebuyers realistically, to produce an integrated evaluation of such data and offer buyers rational, green, and energy efficient housing alternatives. To achieve this purpose, the Multisensory, green and energy efficient housing neuromarketing method was developed to generate the necessary conditions. Here, around 200 million multisensory data recordings (emotional and physiological states) were accumulated, and the environmental air pollution (CO, NO2, PM10, volatile organic compounds) and noise pollution were investigated. Specific green and energy efficient building case studies appear in this article to demonstrate the developed method clearly. The obtained research results are in line with those from previous and current studies, which state that the interrelation of environmental responsiveness and age forms an inverse U and that an interest in green and energy efficient housing depends on age.
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Usman, A. H., and B. Mukhtar. "INVESTIGATION OF QUALITATIVE PARAMETERS IN SOAP PRODUCED FROM BLEND OF NEEM AND CASTOR OIL." JOURNAL OF THE NIGERIAN SOCIETY OF CHEMICAL ENGINEERS 36, no. 2 (September 30, 2021): 20–25. http://dx.doi.org/10.51975/21360203.som.

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Soap is a chemical compound formed by interaction of fatty acids and metal radicals. Different types of vegetable oils have been found to be good candidates for soap production due to their saponifiable nature. However, edible oils are often expensive to use for soap production due to competing demand between commercial and domestic buyers. So, in this work, blend of nonedible neem and castor oils were used at different proportions to produce various soap samples. The foregoing was achieved via the two well-known processes of soap production, that is; the hot and cold processes. The work investigated the parameters that influence the quality of soap and determined their optimum values using various blends of the oils. Six samples were produced, and their properties analyzed and compared with two commercial samples to determine a blend with the most desirable qualities. The yield, foamability, pH, hardness and cleansing power of the produced soap samples were determined. It was found that the blend of 60 ml neem oil and 40 ml castor oil was the best with a yield of 70.4%, foamability of 11.8 cm, pH of 10.42 and a high cleansing power. The results were found to be consistent with those of the two commercial samples used as controls. Keywords: Castor, cleansing power, foamability, hardness, neem, oil, soap samples
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Razzaq, Sumrina, Muhammad Zahid Iqbal, Malik Ikramullah, and Jan-Willem van Prooijen. "Occurrence of rating distortions and ratees’ fairness perceptions per raters’ mood and affect." Career Development International 21, no. 7 (November 14, 2016): 726–43. http://dx.doi.org/10.1108/cdi-03-2016-0036.

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Purpose The purpose of this paper is to investigate the occurrence of rating distortions under raters’ different mood conditions and at different levels of interpersonal affect of raters towards ratees, and further its association with ratees’ perceptions of distributive and interpersonal fairness. Design/methodology/approach For the scenario-based experiment, the study recruited 110 undergraduate students as participants. Of them, 22 raters appraised the video-taped buyer-seller negotiation performance of 88 ratees. Repeated measures analysis was employed to analyse data. Findings Results revealed that under different mood conditions (pleasant and sad) and at different levels of interpersonal affect towards ratees (high and low), raters distorted ratings (inflated and deflated, respectively). These rating distortions shaped ratees fairness perceptions in such a way that ratees who received inflated ratings due to raters’ pleasant mood and high interpersonal affect perceived more distributive and interpersonal fairness than ratees who received deflated ratings due to raters’ sad mood and low interpersonal affect. Originality/value The paper is a step towards integrating the affect infusion model with distributive and interpersonal fairness theory. This integration can be of value for enhancing our understanding of how rater-centric rating errors take place, which subsequently shape ratees’ fairness perceptions.
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Mironiuc, Marilena, Elena Ionașcu, Maria Carmen Huian, and Alina Țaran. "Reflecting the Sustainability Dimensions on the Residential Real Estate Prices." Sustainability 13, no. 5 (March 9, 2021): 2963. http://dx.doi.org/10.3390/su13052963.

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The paper analyzes the reaction of residential property prices to sustainability attributes and the extent to which they capitalize the effects of sustainability on real estate markets in EU-28 countries in the period 2000–2018. Given that the sustainable real estate market is mainly driven by demand, the sustainability attributes included in the study reflect both buyers’ expectations and their investment potential in sustainable residential properties, and developers’ efforts to become more “sustainable” through responsible property investment. In order to correspond to the current meaning of sustainable development, the variables capture the four dimensions that give content to the concept of the quadruple bottom line: economic, social, environmental and institutional. Using panel data and the two-stage least squares (2SLS) method, the research reveals a pronounced sensitivity of residential property prices to all sustainability dimensions in countries considered leaders in implementing the Sustainable Development Goals (SDGs), characterized by a strong institutional environment, and efficient and transparent real estate markets. In countries less committed to SGD implementation, weak governance and higher corruption negatively affect the transparency of real estate markets, and the dynamics of the price of residential transactions are determined only by the economic and social dimensions of sustainability.
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Butov, Alexander V. "Causes of Loss Competitivenesses of the Company Ford in the Russian Federation." International Trade and Trade Policy, no. 4 (January 3, 2020): 171–80. http://dx.doi.org/10.21686/2410-7395-2019-4-171-180.

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The departure of large foreign car manufacturers from the Russian market negatively affects all partners and interested parties car dealers, suppliers, employees, buyers and fans of brands of departed companies. This departure became even more painful for Ford itself, which leaves the domestic market with a loss of $ 500 million, which is 14% of the total annual profit of Ford Motor Co. in 2018 This sad event was caused by a number of circumstances: the consequences of the global financial crisis, the devaluation of the national currency, the decline in sales in the Russian car market, company errors in pricing, marketing policies and updating the model range, in assessing the prospects for marketing products and creating excess production capacities, as well as refusal to independently manage Russian business and the choice for this Russian partner in a joint venture. A close study of the reasons that forced the recent leader of the Russian car market to Ford to close its car factories and stop selling them in Russia is presented in the article. Particular attention is paid to the development of the domestic car market, the development of effective competition strategies in the face of falling household incomes and rising product prices, state support for the domestic auto industry, as well as the specifics of creating joint ventures in the Russian Federation and assessing the resource capabilities of joint venture partners.
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KINAY, Ahmet. "Agronomic and chemical properties of hybrid oriental tobacco (Nicotiana tabacum) lines and their stabilities." Indian Journal of Agricultural Sciences 90, no. 5 (September 4, 2020): 874–78. http://dx.doi.org/10.56093/ijas.v90i5.104332.

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The present study was conducted at six Basma tobacco production centres, viz. Esencay, Endikpinar, Uzumlu, Karayaka, Evciler and Yenice in 2016 and 2017. The aim was to find the best stable hybrid Basma tobacco lines with attributes desired by the growers and buyer firms. Four hybrid lines and their parents were used as the plant material of the study. Plant height, leaf width, leaf length, yield, grade index characteristics were investigated and nicotine, glucose, fructose, chlorogenic acid and rutin analyses were performed with an HPLC system. Genotype stabilities were determined with regard to yield and grade index. Attribute means, regression coefficient (b), regression constant (a), coefficient of determination (r2), coefficient of variation (CV%) and standard deviation of regression (S2d) were used as the stability parameters. As the average of six locations, plant height was 109.22 cm, number of leaves was 28.34, leaf width was 12.09 cm, leaf length was 22.71 cm, yield was 1612.2 kg/ha, grade index was 64.10%, nicotine content was 1.69%, glucose content was 4.54%, fructose content was 5.07%, chlorogenic acid content was 388.32 ppm and rutin content was 607.05 ppm. Hybrids had greater leaf width, leaf length, yield and chemical attributes than the parents. Significant differences were observed in all of the investigated parameters. H2 (dry leaf yield: 1808.6 kg/ha, grade index 66.20%) hybrid was identified as the most stable and promising registration candidate hybrid.
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"Product Recommendation based on Sybil and Trusted Votes in Social Networks." International Journal of Recent Technology and Engineering 8, no. 3 (September 30, 2019): 5434–40. http://dx.doi.org/10.35940/ijrte.c4005.098319.

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Networks is a platform which is easily accessible by normal users worldwide. Online Social Networks facilitates users online to get registered with ease of speed and create their own accounts to communicate with the social world for information gathering. This platform allows everyone to get registered online irrespective of their social behaviour. Users here are creating duplicate accounts that is creating Sybil in the network. By this Sybil online Social Networks are suffering for different kinds of Sybil attacks online. In social networks user’s feedback and preferences play an important role in suggesting friends online or recommending products online. When collecting the feedback or preferences of any product online both Sybil user’s and real user’s data is considered as we are not differentiating the Sybil user or real user. From this products, recommended online will not have an efficient rating which would divert the buyers online. To over this problem we propose Sybil Community Detection Algorithm (SCD) and TrustRank Algorithm that bifurcates real user votes and Sybil users votes to fetch the efficient products online thus build secure online environment.
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"Tokai buys Sid Richardson to become the biggest US producer of carbon black." Focus on Pigments 2018, no. 11 (November 2018): 7. http://dx.doi.org/10.1016/j.fop.2018.11.016.

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11

Hoxha, Visar, and Emblema Zeqiraj. "The role of emotional intelligence on the performance of real estate agents in Prishtina, Kosovo." Property Management, March 18, 2022. http://dx.doi.org/10.1108/pm-08-2021-0057.

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PurposeThe purpose of this study was to explore the effect of emotional intelligence (EI) on the performance of real estate agents in Prishtina, Kosovo. The study also investigated the relationship of each dimension of emotional intelligence with the real estate agent's performance (REAP) in Prishtina, which is the city with the largest number of real estate agents in Kosovo.Design/methodology/approachThe present study used quantitative research with the questionnaire used as a research instrument. The questionnaire survey was conducted with 78 real estate agents in Prishtina, Kosovo. The sampling method used in this research was random sampling.FindingsThe findings of this study indicated that emotional intelligence has a significant impact on the job performance of real estate agents. The study also found that relationship management (RM) and social awareness (SOA) have a strong effect on real estate agents' performance, whereas self-awareness (SA) does not seem to have any statistically significant explanatory power over REAP.Research limitations/implicationsThis study can be utilized as a landmark for agents of real estate on understanding how the agents can use emotional intelligence in agents' favor by pointing out the prominence of EI in realizing the needs and desires of the potential buyers and the influence EI has on the decision to buy property. Furthermore, through this study, the real estate agencies will be provided with multiple reasons that substantiate the necessity to hire emotionally trained agents, and besides professional preparation, the companies must provide employees with behavioral training.Originality/valueThe present study is the first quantification of the impact of emotional intelligence and dimensions of emotional intelligence on the performance of Prishtina's real estate agents.
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12

Sloggett, Robyn. "Slipping and Sliding." M/C Journal 8, no. 3 (July 1, 2005). http://dx.doi.org/10.5204/mcj.2375.

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On the back cover of The Art Forger’s Handbook, Eric Hebborn proclaims No drawing can lie of itself, it is only the opinion of the expert which can deceive. (Hebborn) Well certainly, but like many forgers Hebborn was dedicated to ensuring the experts have ample material with which to work. The debate about authenticity rolls into the debate about originality rolls into the debate about excellence, slipping between the verifiable and the subjective, shadowed by the expert assessing, categorising, and delivering verdicts. Yet the proclamation ‘This is authentic’ is not straightforward. It is impossible to prove that the statement ‘This is a painting by Sir Arthur Streeton’ is true. It is always possible (though not probable) that the work in question is an excellent copy, manufactured with materials identical to those employed by Streeton, with brushstrokes reflecting Streeton’s manipulation of paint, applied in the kind of sequence Streeton used and with a provenance crafted to simulate perfectly an acceptable provenance for a work by Streeton. Much easier to prove that a work is not by a particular artist; one very obvious anomaly will suffice (Sloggett 298). But an anomaly requires a context, the body of material against which to assess the new find. John Drew’s manipulation of the art market was successful not because of the quality of the pictures he paid John Myatt to produce (after all they were painted with household emulsion paint often extended with K-Y Jelly). His success lay in his ability to alter the identities of these works by penetrating the archives of the Tate and the Victoria and Albert Museum and manufacturing an archival history that virtually copied the history of works by his target artists, Nicholson, Giocometti, Chagall, Epstein, Dubeffet, and de Stals. While the paintings mimicked works by these artists, without a provenance (an identity and identity trail) they were nothing more than approximate copies, many which were initially rejected by the dealers and auction houses (Landesman 38). Identity requires history and context: for something to be deemed ‘real’, both need to be verifiable. The plight of stateless refugees lies in their inability to verify their history (who am I?) and their context (I exist here because…). Drew’s ability to deliver a history is only one way in which works can slip identities (or in the case of Drew’s works – can be pushed). Drew’s intention and his ability to profit by the deception denoted fraud. But authentication is more often sought to support not fraud but optimism. ‘Can you please look at this painting which hung in my grandfather’s lounge room for over 50 years? It was given to him by the artist. I remember it as a small boy, and my father also remembers it when he was a child. But I can’t sell it because someone said it didn’t look right. Can you tell if it is by the artist?’ Such a problem needs to be approached on two fronts. Firstly, how strong is the evidence that this work is by the artist and secondly, what is the hypothesis of best fit for this work? The classic authentication process examines a picture and, against a framework of knowns (usually based on securely provenanced works) looks for points of identification between the proffered work and provenanced works. From these points of identification a theory of best fit is developed. For example, a painting with the inscription ‘Arthur Streeton/1896’ is analysed for its pigment content in order to test the proposition that this is a work by Arthur Streeton from 1896. Pigment analysis indicates that titanium white (a pigment not available commercially until 1920) is found in the clouds. So the proposition must be modified: either this is a work by Streeton that has been heavily reworked after 1920, or this is not a work by Streeton, or this is a work by Streeton but the date is wrong. The authentication process will define and redefine each proposition until there is one that best fits the evidence at hand. Fluorescing the date to establish whether it is a recent addition would be part of this process. Examining other whites in the painting to check if the clouds had been added later would be another. Checking the veracity of the provenance would also be critical. We may decide that this is not an 1896 work by Streeton based on the evidence of the pigment. But what if an art historian discovers a small pigment manufacturer in Box Hill whose records show they produced titanium dioxide as a pigment in 1890? The new evidence may affect the conclusion. But more likely we would want to verify such evidence before we altered our conclusion. Between the extremes of Drew’s manufactured identities and the optimism of a third generation is the strengthened work, combining identity shift and hope. Dali pulled a reverse strengthening when he signed 20,000 blank sheets of paper for lithographs that had not yet been executed (Hebborn 79), but more usually it is the inscription not the image that is missing. Of course a signature is good, but signature works may not have, and do not need signatures. A signature may be a picture of a certain place (Heidelberg) at a certain time of day (moonrise); optimism will soon join the dots, producing a David Davies Moonrise. Often an inscription helps; a nondescript clean-shaven Victorian gentleman can become a bearded founding father, an anonymous nag the first winner of the Melbourne Cup. And if the buyer is not convinced, then a signature may win the day. Unlike Drew’s fabricated histories these changes in identity are confined to transformations of the object itself and then, by association, to its context. Art fraud is an endearing topic, partly because it challenges the subjective nature of expertise. When van Meegeren manufactured his most successful ‘Vermeer’ The Supper at Emmaus (1937) he explored the theories of experts, and then set about producing a work that copied not an existing Vermeer, but the critic’s theory of what an as-yet-undiscovered Vermeer would look like. Hannema, van Schendel and finally Bredius subscribed to the theory that Vermeer’s trip to Italy resulted in Caravaggio’s influence on the artist (Dutton 25). Van Meegeren obligingly produced such a work. So does it matter? Is an identical work as good a work? Is a sublime copyist of great artists a great artist? (Not that van Meegeren was either.) Authentication is a process of assessing claims about identity. It involves reputation, ownership, relationships and truth. When an artist executes a copy it is homage to the skill of the master. When Miss Malvina Manton produced a scene of dead poultry in 1874, she was copying the most popular painting in the fledgling collection of the National Gallery of Victoria, Schendel’s The Poultry Vendor (Inglis 63), and joined a league of copyists including Henry Gritten and Nicholas Chevalier who sought permission to copy the Gallery’s paintings. When John O’Loughlin copied works by Clifford Possum Tjapaltjarri and passed them off as original the impact on the artist was less benign (Gotting). Sid Nolan refused to identify problematic paintings attributed to his oeuvre claiming that to acknowledge such paintings would cast doubt on his entire oeuvre. Bob Dickerson assiduously tracks down and ‘outs’ problematic paintings from his oeuvre, claiming that not to do so would leave the thin edge of the wedge firmly embedded for future opportunists. Both are concerned with their identity. Creation is a fraught business, simply because the act of creation is the act of giving an identity. Whether we create a child, a musical score, a painting or a t-shirt brand, the newly created entity is located within a lineage and context that means more than the single individual creation. This is why identity theft is such a major crime. If someone steals an identity they also steal the collateral developed around that identity, the ability to deal in credit, to drive a car, to travel overseas, to purchase a house. Identity is a valuable commodity; for an artist it is their tool of trade. There is no doubt that the public celebrates the fake. Perhaps it is a celebration of the power of the object over the critic or the theoretician. But it is an extraordinarily costly celebration. Despite the earlier assertion that it is possible to make the perfect copy, very few even approximate the vibrancy and intelligence of an original. Most, if accepted, would seriously dilute the strength of the artist’s oeuvre. Forging Aboriginal art is even more disgraceful. In a society where cultural transmission has traditionally been based on complex relationships of dance, song, painting and objects to customary rights, laws and obligations, art fraud impacts on the very fabric of society. There will always be works that slip identities, and many are not pulled back. False works do damage; they dull our perceptions, dilute our ability to understand an artist’s contribution to society, and are usually no more than blunt instruments used for financial gain. References Australian Institute of Criminology. “Art Crime: Protecting Art, Protecting Artists and Protecting Consumers.” 2-3 Decembeer 1999. 1 May 2005 http://www.aic.gov.au/conferences/artcrime/>. Catterall, L. The Great Dali Art Fraud and Other Deceptions. Fort Lee, New Jersey: Barricade, 1992. Dutton, Denis, ed. The Forger’s Art Forgery and the Philosophy of Art. California: U of California P, 1983 Gotting, Peter. “Shame of Aboriginal Art Fakes.” 16 July 2000. 31 May 2005 http://www.museum-security.org/00/112.html#3>. Hebborn, Eric. The Art Forger’s Handbook. London: Cassell, 1997. Inglis, Alison. “What Did the Picture’s Surface Convey? Copies and Copying in the National Gallery of Victoria during the Colonial Period.” The Articulate Surface: Dialogues on Paintings between Conservators, Curators and Art Historians. Ed. Sue-Anne Wallace, with Jacqueline Macnaughtan and Jodi Parvey. Canberra: The Humanities Research Centre, the Australian National University and the National Gallery of Australia, 1996. 55-69. Landesman, Peter. “A 20th-Century Master Scam.” The New York Times Magazine (18 July 1999): 31-63. Sloggett, Robyn. “The Truth of the Matter: Issues and Procedures in the Authentication of Artwork.” Arts, Antiquity and Law 5.3 (September 2000): 295-303. Tallman, Susan. “Report from London Faking It.” Art in America (November 1990): 75-81. Citation reference for this article MLA Style Sloggett, Robyn. "Slipping and Sliding: Blind Optimism, Greed and the Effect of Fakes on Our Cultural Understanding." M/C Journal 8.3 (2005). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0507/09-sloggett.php>. APA Style Sloggett, R. (Jul. 2005) "Slipping and Sliding: Blind Optimism, Greed and the Effect of Fakes on Our Cultural Understanding," M/C Journal, 8(3). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0507/09-sloggett.php>.
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Prabakar, Angel. "The History of Medical Ethics in India." Voices in Bioethics 8 (November 20, 2022). http://dx.doi.org/10.52214/vib.v8i.10117.

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Photo by Naveed Ahmed on Unsplash ABSTRACT India has had a solid standard for medical ethics since the birth of Ayurvedic holistic science over 5000 years ago. The country’s views on healthcare policy, counsel on how to deal with patients, and what constitutes good behavior within the profession stem from ancient outlines for medical practice. These “codes of conduct” were heavily influenced by religious and spiritual practices, emphasizing the sanctity of life and transcending the needs of the body. With time, however, medical care evolved through shifting priorities in education and governmental pressures. These once-cherished “codes of conduct” were referred to less often, while malpractice issues have steadily increased. There is a need for an open discussion of why this spike in medical malpractice is happening in a country that used to condemn it and how improving ethics, limiting the role of profits, and returning traditional philosophies to the medical ethics curricula could help. INTRODUCTION Currently, India has the largest number of bioethics units of any country, reflecting the importance of ethical behavior in Indian society. These centers do not affiliate with schools, yet they serve as spaces for bioethical discourse. The Indian Psychiatric Society (IPS) was the first to address escalating malpractice cases. Other major medical organizations (e.g., the Indian Medical Association and the Medical Council of India) followed, stressing the importance of standardized ethics. Some have formed symposiums and organized conferences to address these concerns.[1] There have been several calls to revisit the classic “codes of conduct” and their focus on the spiritual concept of life-death-rebirth. Toward this end, modern Indian doctors were reminded that physicians existed not for fortune or status but for the welfare of their patients. These altruistic teachings came from the seminal Ayurvedic texts, the cornerstone of India’s modern medicine. Happiness for the “healer” was to come out of showing compassion for all living beings and prolonging the precious gift of life.[2] In contrast, Indian novelist, Shashi Tharoor, speaking on the current state of medical practice, recently remarked: “India is not an underdeveloped country, but a highly developed one in an advanced state of decay.”[3] Taking a closer look at what caused the core values of an ancient healthcare system to change so drastically involves evaluating how the Indian medical education system evolved. This paper examines the development of medical principles, their influence across the subcontinent, commercialization, and the government’s role in India’s healthcare instability. This paper then lists some of the measures taken by bioethical units to counteract some of the issues brought on by corruption. l. Western Influence Western influence on medical practices came when the French, Portuguese, and British arrived in India. They almost completely reinvented India’s healthcare system. Medical ethics based on the values of spirituality were almost completely stripped away and replaced by Western concepts.[4] Established traditional ethical standards were no longer taught, resulting in less deference to traditional moral beliefs. Coupled with an increase in medical misconduct, the general population lost trust in their healthcare leaders.[5] Before the influence of Western medicine, the Carakha Sumhita, a millennia-old Sanskrit text detailing Ayurveda, helped establish healthcare guidelines. A passage from the text sums up the ethics of that time: “He who practices medicine out of compassion for all creatures, rather than for gain or for gratification of the senses, surpasses all.”[6] The Carakha Sumhita’s focus on medical ethics was ahead of its time, centuries before bioethics became a subject in its own right. Healthcare was predicated on aphorisms that all medical students internalized rather than on business models, as in many developed nations. India’s caste system, established generations ago, permeated every aspect of South Asian society except for when it came to medicine. Healers tended to ignore the conventions of adhering to an individual’s caste. Instead, they treated patients as if they were family and incorporated elements of spirituality when dealing with patients, making ethical misconduct a rare phenomenon. This was the case for almost two centuries.[7] To become practicing physicians, doctors committed to a consecration ceremony to prove their good moral standing to the people they were to serve.[8] Their schooling prepared them for a profession designed to “give back,” not for monetary gain. The core values taught in medical school affect the mentality doctors carry with them. The lack of ethics training may have been at fault for the underlying corruption levels that now plague the healthcare space in India. There is a 110 percent increase in the rise of medical negligence cases in India every year.[9] To pinpoint why this occurred, we must look at current medical training practices and how they influence doctors of our time period. After colonization, many established core values were stripped from the medical curriculum.[10] In fact, by 1998, only one medical college in India, St. John’s in Bangalore, even addressed medical ethics in its curriculum.[11] Graduates across the country were left ill-equipped to deal with the ethical issues that cropped up once they made it into the field. As a result, they were not prepared to think through consequences pertaining to patients and their families. Some suggest that the curriculum changes were linked to rising malpractice cases. “When society at large is corrupt and unethical, how can you expect doctors to be honest?”[12] This topic arises regularly in bioethics discussions and the answer lies in education. Reverting to a system of medicine that encourages students to recognize ethical consequences can solve many of the ethical problems in contemporary society. ll. Privatization and Tuition Some argue that the global increase in capitalism caused the subcontinent’s ethical problems, that the Indian medical education system began its descent into corruption and nepotism, and its loss in prestige, with the privatization of their colleges.[13] In India, just over 50 percent of medical schools are public, and just under 50 percent are private.[14] Through changing policies, private medical schools became increasingly for-profit like other businesses.[15] Despite having more medical schools than any other country, India has a shortage of doctors, primarily due to low enrollment rates and high university fees. While there are 202 medical schools in India, its large population means there are 5 million people per medical school.[16] Christian Medical College, a top-ranked university in Vellore, once had an acceptance rate of 0.25 percent, with only 100 seats for medical students.[17] Now its acceptance rate hovers around 5 percent. There has been minimal progress in making it easier to get a medical school acceptance; there is still a long way to go in equalizing access to education. India’s system for training doctors is now rife with corruption, with bribes accepted under the guise of “donations” and new curricula completely devoid of traditional Indian training methods.[18] Nepotism in the industry has made qualifications even less significant. In 2010, 69 hospitals and medical colleges were reported for selling exam papers to students, and most employed staff lied about their clinical experience.[19] In a cheating scandal in 2013 involving several Indian universities, students purchased falsified entrance exam results. Not only are these students unqualified for the placements they secured, but legal action by the government did not materialize.[20] Dr. Anand Rai, a physician who had to go into protective hiding following death threats for being a whistleblower in the 2013 scandal subsequently remarked: “...the next generation of doctors is being taught to cheat and deceive before they even enter the classroom.”[21] The effects of this scandal can be felt far beyond its borders - India also happens to be the world’s largest exporter of doctors, with about 47,000 currently practicing in the United States.[22] lll. Hospital Privatization With the privatization of major hospitals and the shift to a “United States” business focus, another serious problem emerged. In the recent past, patients hailing from rural villages and often living in poverty could access quality health care from public hospitals. They had access to highly trained doctors, and all costs were usually fully subsidized.[23] This was in keeping with the old tradition that believed in aid no matter the circumstance. As the focus shifted towards maximizing profitability, these opportunities for poor patients vanished. Chains of private hospitals are rapidly replacing public ones. Their purchasing model is to consolidate through a centralized subsidiary.[24] This usually results in significant savings. Instead of passing on some savings to patients through reduced pricing, any savings are used to fulfill a key objective of privatized businesses: maximize profitability. The poor now contend with inflated prices and are being turned away from facilities that once treated them at no cost, all while levels of trust in the healthcare system have plummeted. This distrust can discourage people who cannot afford care from seeking medical aid when they need it. The healthcare system has devolved to the point whereby remaining public hospitals are overrun by huge numbers of patients unable to afford the hugely inflated prices at private institutions. This, coupled with healthcare workers that often have substandard training, has created deplorable public health conditions. lV. Corruption This deplorable public health condition reflects a failing healthcare system. To make matters worse, hospitals hire unqualified graduates untrained in medical ethics to meet India's urgent need for large numbers of qualified doctors. Many hospitals have even resorted to employing corrupt doctors to counteract the physician shortage. According to the Indian Medical Association (IMA), about 45 percent of those who practice medicine in India have no formal training.[25] IMA also reported that close to 700,000 doctors employed at some of the biggest hospitals, who are currently diagnosing, treating, and operating, have neither the training nor experience to do so. A large-scale forgery ring, broken up in 2011, revealed that buyers could pay as little as 100 US dollars for a medical degree from a non-existent college. This “cleared” them for practice.[26] It has been estimated that over 50,000 fraudulent medical degrees have been purchased in the past decade. Government level corruption is widespread, as one can gain placement into medical school, “graduate” with fake degrees, and sell fake practicing licenses. V. Solutions These topics, raised by bioethics centers, are now being taken more seriously by healthcare professionals taking steps to address medical misconduct. As many as five million people in India die each year due to medical negligence.[27] By requiring each physician to complete a new comprehensive Acute Critical Care Course (ACCC), specialists estimate that physicians can reduce the rate of malpractice deaths by as much as 50 percent in rural areas.[28] This intensive two-year course contains detailed training methods built off of current knowledge and walks healthcare professionals through crucial steps designed to reduce errors. Even small errors, such as a poorly inserted IV for fluid or a minor surgery mishap, can be life threatening. The course thoroughly covers these as mandated.[29] The ACCC is unfortunately not a widely spread concept in a lot of rural areas. For now, while many major hospitals continue to ignore the high rates of avoidable deaths, implementation of the ACCC program seems slow. The current Medical Council of India needs to be more effective at addressing malpractice cases, as there are so many of them.[30] One possible solution to the growth of unethical business practices in medicine is to offer physicians incentives to make ethically sound decisions. This can start by increasing the number of slots available for medical students at government-run medical schools. Less student debt would lead more doctors away from overbilling their patients. This is a strategy currently being employed in the state of Tamil Nadu, where a centrally sponsored scheme has approved the induction of an additional 3,496 MBBS seats in government colleges.[31] More students studying at subsidized costs with less competition lowers the inclination toward deceit and profiteering. Another incentive for ethical practice can come from accountability and transparency. The background of every doctor operating should be public information, including the rate of successful surgeries versus unsuccessful ones resulting from personal negligence. This would encourage doctors to keep a clean record and, in turn, encourage hospitals to hire and train those who will preserve or improve their reputation. This information is kept in a medical record monitored in most parts of India through a traditional paper method.[32] While eliminating paper in medical recording and reverting to digital use is the ultimate aim, it will take time to implement a system that takes into account e-signatures and verifiable witnesses. CONCLUSION India’s history of leadership in medical ethics has undergone some major changes. A relatively recent privatization of the education system has caused a shift in values and decimated the medical industry on many levels. The moral principles of doctors have come into question. While industry and government leaders are trying to solve the multi-faceted issues facing the medical industry, it is obvious that this is an undertaking requiring inventive solutions. Prioritizing ethics in medical education, de-privatizing medical schools and hospitals, offering affordable options, and limiting corruption would improve India’s ability to offer high-quality medical care. Adding traditional Indian medical ethics back into the curricula would foster a workforce dedicated to serving patients over profiteering. - [1] Deshpande, SmitaN. 2016. “The UNESCO Movement for Bioethics in Medical Education and the Indian Scenario.” Indian Journal of Psychiatry 58 (4): 359. https://doi.org/10.4103/0019-5545.196722. [2] Mukherjee, Ambarish, Mousumi Banerjee, Vivekananda Mandal, Amritesh C. Shukla, and Subhash C. Mandal. 2014. “Modernization of Ayurveda: A Brief Overview of Indian Initiatives.” Natural Product Communications 9 (2): 1934578X1400900. https://doi.org/10.1177/1934578x1400900239. [3] 2020. Eubios.info. 2020. https://www.eubios.info/EJ102/EJ102E.htm. [4] Arnold, David, ed. 2000. “Western Medicine in an Indian Environment.” Cambridge University Press. Cambridge: Cambridge University Press. 2000. https://www.cambridge.org/core/books/abs/science-technology-and-medicine-in-colonial-india/western-medicine-in-an-indian-environment/28BAB761BE205B06D32BC3DC972E9384. [5] Kulkarni, Vani, Veena Kulkarni, and Raghav Gaiha. 2019. “Trust in Hospitals-Evidence from India.” https://repository.upenn.edu/cgi/viewcontent.cgi?article=1026&context=psc_publications. [6] Bhasin, Dr Sanjay K. 2005 “What Ails Medical Profession.” Www.academia.edu. Accessed September 17, 2022. https://www.academia.edu/7631547/What_Ails_Medical_Profession. [7] Shapiro, Natasha, and Urmila Patel. (2006) “Asian Indian Culture: Influences and Implications for Health Care.” https://www.molinahealthcare.com/~/media/Molina/PublicWebsite/PDF/providers/fl/medicaid/resource_fl_asianindianculture_influencesandimplicationsforhealthcare.pdf. [8] Swihart, Diana L, and Romaine L Martin. 2021. “Cultural Religious Competence in Clinical Practice.” Nih.gov. StatPearls Publishing. 2021. https://www.ncbi.nlm.nih.gov/books/NBK493216/. [9] “India’s Mighty Medical Education Mess.” 2022. Education World. July 11, 2022. https://www.educationworld.in/indias-mighty-medical-education-mess/. [10] Pandya, Sunil. 2020. “Medical Education in India: Past, Present, and Future Perspectives. in Sun Kim, ed. Medical Schools Nova Science Publishers, Inc. (= [11] Ravindran, G. D., T. Kalam, S. Lewin, and P. Pais. 1997. “Teaching Medical Ethics in a Medical College in India.” The National Medical Journal of India 10 (6): 288–89. https://pubmed.ncbi.nlm.nih.gov/9481103/. [12] “Chapter 9: Opinions on Professional Self-Regulation”(2016) https://www.ama-assn.org/sites/ama-assn.org/files/corp/media-browser/code-of-medical-ethics-chapter-9.pdf. [13]Sanjiv Das. 2020. “The Pill for India’s Ailing Medical Education System.” Express Healthcare. February 3, 2020. https://www.expresshealthcare.in/education/the-pill-for-indias-ailing-medical-education-system/416711/. [14] https://www.marketresearch.com/Netscribes-India-Pvt-Ltd-v3676/Private-Medical-Colleges-India-30399614/."There are ~50.89% government medical colleges and ~49.11% private medical colleges in the country.”; NPR.org. (2021) “When Students in India Can’t Earn College Admission on Merit, They Buy Their Way In.” Accessed September 19, 2022. https://www.npr.org/2019/08/04/745182272/when-students-in-india-cant-earn-college-admission-on-merit-they-buy-their-way-i. [15] https://timesofindia.indiatimes.com/india/how-medical-colleges-in-india-became-a-business-one-policy-change-at-a-time/articleshow/69707594.cms [16] Muula A. S. (2006). Every country or state needs two medical schools. Croatian medical journal, 47(4), 669–672. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2080437/ [17] Miglani, Andrew MacAskill, Steve Stecklow, Sanjeev. 2015. “Why India’s Medical Schools Are Plagued with Fraud.” Mint. June 17, 2015. https://www.livemint.com/Politics/BDGOx3SApU3QbsRMjZUK9M/Why-Indias-medical-schools-are-plagued-with-fraud.html. [18] Clark, J. 2015. “Indian Medical Education System Is Broken, Reuters Investigation Finds.” BMJ 350 (jun18 3): h3324–24. https://doi.org/10.1136/bmj.h3324. [19] Reuters. 2015. “Special Report - Why India’s Medical Schools Are Plagued with Fraud,” June 16, 2015, sec. Special Reports. https://www.reuters.com/article/uk-india-medicine-education-specialrepor/special-report-why-indias-medical-schools-are-plagued-with-fraud-idINKBN0OW1N520150616. [20] Andrew Emett. (2015) “Over Two Dozen Witnesses and Suspects Mysteriously Die in Indian Cheating Scandal | NationofChange.” Accessed September 19, 2022. https://www.nationofchange.org/2015/07/08/over-two-dozen-witnesses-and-suspects-mysteriously-die-in-indian-cheating-scandal/. [21] (Reuters 2015) [22] Clark, J. 2015. “Indian Medical Education System Is Broken, Reuters Investigation Finds.” BMJ 350 (jun18 3): h3324–24. https://doi.org/10.1136/bmj.h3324. [23] Barik, Debasis, and Amit Thorat. 2015. “Issues of Unequal Access to Public Health in India.” Frontiers in Public Health 3 (October). https://doi.org/10.3389/fpubh.2015.00245. [24] “Investment Opportunities in India’s Healthcare Sector.” (2021) https://www.niti.gov.in/sites/default/files/2021-03/InvestmentOpportunities_HealthcareSector_0.pdf. [25] Clark, J. 2015. “Indian Medical Education System Is Broken, Reuters Investigation Finds.” BMJ 350 (jun18 3): h3324–24. https://doi.org/10.1136/bmj.h3324. [26] “Are We Importing Fake Doctors?” (2015) Www.workerscompensation.com. Accessed September 19, 2022. https://www.workerscompensation.com/news_read.php?id=21672&forgot=yes. [27] Boston, 677 Huntington Avenue, and Ma 02115 +1495‑1000. 2013. “Millions Harmed Each Year from Unsafe Medical Care.” News. September 19, 2013. https://www.hsph.harvard.edu/news/press-releases/millions-harmed-each-year-from-unsafe-medical-care/. [28] “Specialised Course for Doctors Can Help Cut the Deaths due to Medical Errors; Experts.” 2018. DailyRounds. October 29, 2018. https://www.dailyrounds.org/blog/specialised-course-for-doctors-can-help-cut-the-deaths-due-to-medical-errors-experts/. [29] Sokhal, Navdeep, Akshay Kumar, Richa Aggarwal, Keshav Goyal, Kapil Dev Soni, Rakesh Garg, Ashok Deorari, and Ajay Sharma. 2021. “Acute Critical Care Course for Interns to Develop Competence.” The National Medical Journal of India 34 (3): 167–70. https://doi.org/10.25259/NMJI_103_19. [30] Singhania, Meghna A. 2020. “How Much Punishment?- MCI Formulates Sentencing Guidelines for Cases of Medical Negligence.” Medicaldialogues.in. February 13, 2020. https://medicaldialogues.in/news/health/mci/how-much-punishment-mci-formulates-sentencing-guidelines-for-cases-of-medical-negligence-62645. [31] “Health Ministry Reports 30% Increase in Number of Functional Medical Colleges in Five Years.” (2022) Www.pharmabiz.com. Accessed September 19, 2022. http://www.pharmabiz.com/NewsDetails.aspx?aid=152299&sid=1. [32] Honavar, Santosh G. 2020. “Electronic Medical Records – the Good, the Bad and the Ugly.” Indian Journal of Ophthalmology 68 (3): 417. https://doi.org/10.4103/ijo.ijo_278_20.
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Young, Sherman. "Beyond the Flickering Screen: Re-situating e-books." M/C Journal 11, no. 4 (August 26, 2008). http://dx.doi.org/10.5204/mcj.61.

Full text
Abstract:
The move from analog distribution to online digital delivery is common in the contemporary mediascape. Music is in the midst of an ipod driven paradigm shift (Levy), television and movie delivery is being reconfigured (Johnson), and newspaper and magazines are confronting the reality of the world wide web and what it means for business models and ideas of journalism (Beecher). In the midst of this change, the book publishing industry remains defiant. While embracing digital production technologies, the vast majority of book content is still delivered in material form, printed and shipped the old-fashioned way—despite the efforts of many technology companies over the last decade. Even the latest efforts from corporate giants such as Sony and Amazon (who appear to have solved many of the technical hurdles of electronic reading devices) have had little visible impact. The idea of electronic books, or e-books, remains the domain of geeky early adopters (“Have”). The reasons for this are manifold, but, arguably, a broader uptake of e-books has not occurred because cultural change is much more difficult than technological change and book readers have yet to be persuaded to change their cultural habits. Electronic reading devices have been around for as long as there have been computers with screens, but serious attempts to replicate the portability, readability, and convenience of a printed book have only been with us for a decade or so. The late 1990s saw the release of a number of e-book devices. In quick succession, the likes of the Rocket e-Book, the SoftBook and the Franklin eBookman all failed to catch on. Despite this lack of market penetration, software companies began to explore the possibilities—Microsoft’s Reader software competed with a similar product from Adobe, some publishers became content providers, and a niche market of consumers began reading e-books on personal digital assistants (PDAs). That niche was sufficient for e-reading communities and shopfronts to appear, with a reasonable range of titles becoming available for purchase to feed demand that was very much driven by early adopters. But the e-book market was and remains small. For most people, books are still regarded as printed paper objects, purchased from a bookstore, borrowed from a library, or bought online from companies like Amazon.com. More recently, the introduction of e-ink technologies (EPDs) (DeJean), which allow for screens with far more book-like resolution and contrast, has provided the impetus for a new generation of e-book devices. In combination with an expanded range of titles (and deals with major publishing houses to include current best-sellers), there has been renewed interest in the idea of e-books. Those who have used the current generation of e-ink devices are generally positive about the experience. Except for some sluggishness in “turning” pages, the screens appear crisp, clear and are not as tiring to read as older displays. There are a number of devices that have embraced the new screen technologies (mobileread) but most attention has been paid to three devices in particular—mainly because their manufacturers have tried to create an ecosystem that provides content for their reading devices in much the same way that Apple’s itunes store provides content for ipods. The Sony Portable Reader (Sonystyle) was the first electronic ink device to be produced by a mainstream consumers electronics company. Sony ties the Reader to its Connect store, which allows the purchase of book titles via a computer; titles are then downloaded to the Reader in the same way that an mp3 player is loaded with music. Sony’s most prominent competition in the marketplace is Amazon’s Kindle, which does not require users to have a computer. Instead, its key feature is a constant wireless connection to Amazon’s growing library of Kindle titles. This works in conjunction with US cellphone provider Sprint to allow the purchase of books via wireless downloads wherever the Sprint network exists. The system, which Amazon calls “whispernet,” is invisible to readers and the cost is incorporated into the price of books, so Kindle users never see a bill from Sprint (“Frequently”). Both the Sony Reader and the Amazon Kindle are available only in limited markets; Kindle’s reliance on a cellphone network means that its adoption internationally is dependent on Amazon establishing a relationship with a cellphone provider in each country of release. And because both devices are linked to e-bookstores, territorial rights issues with book publishers (who trade publishing rights for particular global territories in a colonial-era mode of operation that seems to ignore the reality of global information mobility (Thompson 74–77)) contribute to the restricted availability of both the Sony and Amazon products. The other mainstream device is the iRex Iliad, which is not constrained to a particular online bookstore and thus is available internationally. Its bookstore ecosystems are local relationships—with Dymocks in Australia, Borders in the UK, and other booksellers across Europe (iRex). All three devices use EPDs and share similar specifications for the actual reading of e-books. Some might argue that the lack of a search function in the Sony and the ability to write on pages in the Iliad are quite substantive differences, but overall the devices are distinguished by their availability and the accessibility of book titles. Those who have used the devices extensively are generally positive about the experience. Amazon’s Customer Reviews are full of positive comments, and the sense from many commentators is that the systems are a viable replacement for old-fashioned printed books (Marr). Despite the good reviews—which suggest that the technology is actually now good enough to compete with printed books—the e-book devices have failed to catch on. Amazon has been hesitant to state actual sales figures, leaving it to so-called analysts to guess with the most optimistic suggesting that only 30 to 50,000 have sold since launch in late 2007 (Sridharan). By comparison, a mid-list book title (in the US) would expect to sell a similar number of copies. The sales data for the Sony Portable Reader (which has been on the market for nearly two years) and the iRex iliad are also elusive (Slocum), suggesting that they have not meaningfully changed the landscape. Tellingly, despite the new devices, the e-book industry is still tiny. Although it is growing, the latest American data show that the e-book market has wholesale revenues of around $10 million per quarter (or around $40 million per year), which is dwarfed by the $35 billion in revenues regularly earned annually in the US printed book industry ("Book"). It’s clear that despite the technological advances, e-books have yet to cross the chasm from early adopter to mainstream usage (see IPDF). The reason for this is complex; there are issues of marketing and distribution that need to be considered, as well as continuing arguments about screen technologies, appropriate publishing models, and digital rights management. It is beyond the scope of this article to do justice to those issues. Suffice to say, the book industry is affected by the same debates over content that plague other media industries (Vershbow). But, arguably, the key reason for the minimal market impact is straightforward—technological change is relatively easy, but cultural change is much more difficult. The current generation of e-book devices might be technically very close to being a viable replacement for print on paper (and the next generation of devices will no doubt be even better), but there are bigger cultural hurdles to be overcome. For most people, the social practice of reading books (du Gay et al 10) is inextricably tied with printed objects and a print culture that is not yet commonly associated with “technology” (perhaps because books, as machines for reading (Young 160), have become an invisible technology (Norman 246)). E. Annie Proulx’s dismissive suggestion that “nobody is going to sit down and read a novel on a twitchy little screen. Ever” (1994) is commonly echoed when book buyers consider the digital alternative. Those thoughts only scratch the surface of a deeply embedded cultural practice. The centuries since Gutenberg’s printing press and the vast social and cultural changes that followed positioned print culture as the dominant cultural mode until relatively recently (Eisenstein; Ong). The emerging electronic media forms of the twentieth century displaced that dominance with many arguing that the print age was moved aside by first radio and television and now computers and the Internet (McLuhan; Postman). Indeed, there is a subtext in that line of thought, one that situates electronic media forms (particularly screen-based ones) as the antithesis of print and book culture. Current e-book reading devices attempt to minimise the need for cultural change by trying to replicate a print culture within an e-print culture. For the most part, they are designed to appeal to book readers as a replacement for printed books. But it will take more than a perfect electronic facsimile of print on paper to persuade readers to disengage with a print culture that incorporates bookshops, bookclubs, writing in the margins, touching and smelling the pages and covers, admiring the typesetting, showing off their bookshelves, and visibly identifying with their collections. The frequently made technical arguments (about flashing screens and reading in the bath (Randolph)) do not address the broader apprehension about a cultural experience that many readers do not wish to leave behind. It is in that context that booklovers appear particularly resistant to any shift from print to a screen-based format. One only has to engage in a discussion about e-books (or lurk on an online forum where one is happening) to appreciate how deeply embedded print culture is (Hepworth)—book readers have a historical attachment to the printed object and it is this embedded cultural resistance that is the biggest barrier for e-books to overcome. Although e-book devices in no way resemble television, print culture is still deeply suspicious of any screen-based media and arguments are often made that the book as a physical object is critical because “different types of media function differently, and even if the content is similar the form matters quite a lot” (Weber). Of course, many in the newspaper industry would argue that long-standing cultural habits can change very rapidly and the migration of eyeballs from newsprint to the Internet is a cautionary tale (see Auckland). That specific format shift saw cultural change driven by increased convenience and a perception of decreased cost. For those already connected to the Internet, reading newspapers online represented zero marginal cost, and the range of online offerings dwarfed that of the local newsagency. The advantage of immediacy and multimedia elements, and the possibility of immediate feedback, appeared sufficient to drive many away from print towards online newspapers.For a similar shift in the e-book realm, there must be similar incentives for readers. At the moment, the only advantages on offer are weightlessness (which only appeals to frequent travellers) and convenience via constant access to a heavenly library of titles (Young 150). Amazon’s Kindle bookshop can be accessed 24/7 from anywhere there is a Sprint network coverage (Nelson). However, even this advantage is not so clear-cut—there is a meagre range of available electronic titles compared to printed offerings. For example, Amazon claims 130,000 titles are currently available for Kindle and Sony has 50,000 for its Reader, figures that are dwarfed by Amazon’s own printed book range. Importantly, there is little apparent cost advantage to e-books. The price of electronic reading devices is significant, amounting to a few hundred dollars to which must be added the cost of e-books. The actual cost of those titles is also not as attractive as it might be. In an age where much digital content often appears to be free, consumers demand a significant price advantage for purchasing online. Although some e-book titles are priced more affordably than their printed counterparts, the cost of many seems strangely high given the lack of a physical object to print and ship. For example, Amazon Kindle titles might be cheaper than the print version, but the actual difference (after discounting) is not an order of magnitude, but of degree. For example, Randy Pausch’s bestselling The Last Lecture is available for $12.07 as a paperback or $9.99 as a Kindle edition (“Last”). For casual readers, the numbers make no sense—when the price of the reading device is included, the actual cost is prohibitive for those who only buy a few titles a year. At the moment, e-books only make sense for heavy readers for whom the additional cost of the reading device will be amortised over a large number of books in a reasonably short time. (A recent article in the Wall Street Journal suggested that the break-even point for the Kindle was the purchase of 61 books (Arends).) Unfortunately for the e-book industry, not is only is that particular market relatively small, it is the one least likely to shift from the embedded habits of print culture. Arguably, should e-books eventually offer a significant cost benefit for consumers, uptake would be more dramatic. However, in his study of cellphone cultures, Gerard Goggin argues against purely fiscal motivations, suggesting that cultural change is driven by other factors—in his example, new ways of communicating, connecting, and engaging (205–211). The few market segments where electronic books have succeeded are informative. For example, the market for printed encyclopedias has essentially disappeared. Most have reinvented themselves as CD-ROMs or DVD-ROMs and are sold for a fraction of the price. Although cost is undoubtedly a factor in their market success, added features such as multimedia, searchability, and immediacy via associated websites are compelling reasons driving the purchase of electronic encyclopedias over the printed versions. The contrast with the aforementioned e-book devices is apparent with encyclopedias moving away from their historical role in print culture. Electronic encyclopedias don’t try to replicate the older print forms. Rather they represent a dramatic shift of book content into an interactive audio-visual domain. They have experimented with new formats and reconfigured content for the new media forms—the publishers in question simply left print culture behind and embraced a newly emerging computer or multimedia culture. This step into another realm of social practices also happened in the academic realm, which is now deeply embedded in computer-based delivery of research and pedagogy. Not only are scholarly journals moving online (Thompson 320–325), but so too are scholarly books. For example, at the Macquarie University Library, there has been a dramatic increase in the number of electronic books in the collection. The library purchased 895 e-books in 2005 and 68,000 in 2007. During the same period, the number of printed books purchased remained relatively stable with about 16,000 bought annually (Macquarie University Library). The reasons for the dramatic increase in e-book purchases are manifold and not primarily driven by cost considerations. Not only does the library have limited space for physical storage, but Macquarie (like most other Universities) emphasises its e-learning environment. In that context, a single e-book allows multiple, geographically dispersed, simultaneous access, which better suits the flexibility demanded of the current generation of students. Significantly, these e-books require no electronic reading device beyond a standard computer with an internet connection. Users simply search for their required reading online and read it via their web browser—the library is operating in a pedagogical culture that assumes that staff and students have ready access to the necessary resources and are happy to read large amounts of text on a screen. Again, gestures towards print culture are minimal, and the e-books in question exist in a completely different distributed electronic environment. Another interesting example is that of mobile phone novels, or “keitai” fiction, popular in Japan. These novels typically consist of a few hundred pages, each of which contains about 500 Japanese characters. They are downloaded to (and read on) cellphones for about ten dollars apiece and can sell in the millions of copies (Katayama). There are many reasons why the keitai novel has achieved such popularity compared to the e-book approaches pursued in the West. The relatively low cost of wireless data in Japan, and the ubiquity of the cellphone are probably factors. But the presence of keitai culture—a set of cultural practices surrounding the mobile phone—suggests that the mobile novel springs not from a print culture, but from somewhere else. Indeed, keitai novels are written (often on the phones themselves) in a manner that lends itself to the constraints of highly portable devices with small screens, and provides new modes of engagement and communication. Their editors attribute the success of keitai novels to how well they fit into the lifestyle of their target demographic, and how they act as community nodes around which readers and writers interact (Hani). Although some will instinctively suggest that long-form narratives are doomed with such an approach, it is worthwhile remembering that, a decade ago, few considered reading long articles using a web browser and the appropriate response to computer-based media was to rewrite material to suit the screen (Nielsen). However, without really noticing the change, the Web became mainstream and users began reading everything on their computers, including much longer pieces of text. Apart from the examples cited, the wider book trade has largely approached e-books by trying to replicate print culture, albeit with an electronic reading device. Until there is a significant cost and convenience benefit for readers, this approach is unlikely to be widely successful. As indicated above, those segments of the market where e-books have succeeded are those whose social practices are driven by different cultural motivations. It may well be that the full-frontal approach attempted to date is doomed to failure, and e-books would achieve more widespread adoption if the book trade took a different approach. The Amazon Kindle has not yet persuaded bookloving readers to abandon print for screen in sufficient numbers to mark a seachange. Indeed, it is unlikely that any device positioned specifically as a book replacement will succeed. Instead of seeking to make an e-book culture a replacement for print culture, effectively placing the reading of books in a silo separated from other day-to-day activities, it might be better to situate e-books within a mobility culture, as part of the burgeoning range of social activities revolving around a connected, convergent mobile device. Reading should be understood as an activity that doesn’t begin with a particular device, but is done with whatever device is at hand. In much the same way that other media producers make content available for a number of platforms, book publishers should explore the potential of the new mobile devices. Over 45 million smartphones were sold globally in the first three months of 2008 (“Gartner”)—somewhat more than the estimated shipments of e-book reading devices. As well as allowing a range of communications possibilities, these convergent devices are emerging as key elements in the new digital mediascape—one that allows users access to a broad range of media products via a single pocket-sized device. Each of those smartphones makes a perfectly adequate e-book reading device, and it might be useful to pursue a strategy that embeds book reading as one of the key possibilities of this growing mobility culture. The casual gaming market serves as an interesting example. While hardcore gamers cling to their games PCs and consoles, a burgeoning alternative games market has emerged, with a different demographic purchasing less technically challenging games for more informal gaming encounters. This market has slowly shifted to convergent mobile devices, exemplified by Sega’s success in selling 300,000 copies of Super Monkey Ball within 20 days of its release for Apple’s iphone (“Super”). Casual gamers do not necessarily go on to become hardcore games, but they are gamers nonetheless—and today’s casual games (like the aforementioned Super Monkey Ball) are yesterday’s hardcore games of choice. It might be the same for reading. The availability of e-books on mobile platforms may not result in more people embracing longer-form literature. But it will increase the number of people actually reading, and, just as casual gaming has attracted a female demographic (Wallace 8), the instant availability of appropriate reading material might sway some of those men who appear to be reluctant readers (McEwan). Rather than focus on printed books, and book-like reading devices, the industry should re-position e-books as an easily accessible content choice in a digitally converged media environment. This is more a cultural shift than a technological one—for publishers and readers alike. Situating e-books in such a way may alienate a segment of the bookloving community, but such readers are unlikely to respond to anything other than print on paper. Indeed, it may encourage a whole new demographic—unafraid of the flickering screen—to engage with the manifold attractions of “books.” References Arends, Brett. “Can Amazon’s Kindle Save You Money?” The Wall St Journal 24 June 2008. 25 June 2008 ‹http://online.wsj.com/article/SB121431458215899767.html? mod=rss_whats_news_technology>. Auckland, Steve. “The Future of Newspapers.” The Independent 13 Nov. 2008. 24 June 2008 ‹http://news.independent.co.uk/media/article1963543.ece>. Beecher, Eric. “War of Words.” The Monthly, June 2007: 22–26. 25 June 2008 . “Book Industry Trends 2006 Shows Publishers’ Net Revenues at $34.59 Billion for 2005.” Book Industry Study Group. 22 May 2006 ‹http://www.bisg.org/news/press.php?pressid=35>. DeJean, David, “The Future of e-paper: The Kindle is Only the Beginning.” Computerworld 6 June 2008. 12 June 2008 ‹http://www.computerworld.com/action/article .do?command=viewArticleBasic&articleId=9091118>. du Gay, Paul, Stuart Hall, Linda Janes, Hugh Mackay, and Keith Negus. Doing Cultural Studies: The Story of the Sony Walkman. Thousand Oaks: Sage, 1997. Eisenstein, Elizabeth. The Printing Press as an Agent of Change. Cambridge: Cambridge UP, 1997. “Frequently Asked Questions about Amazon Kindle.” Amazon.com. 12 June 2008 ‹http://www.amazon.com/gp/help/customer/display.html?nodeId=200127480&#whispernet>. “Gartner Says Worldwide Smartphone Sales Grew 29 Percent in First Quarter 2008.” Gartner. 6 June 2008. 20 June 2008 ‹http://www.gartner.com/it/page.jsp?id=688116>. Goggin, Gerard. Cell Phone Cultures. London: Routledge, 2006. Hani, Yoko. “Cellphone Bards Make Bestseller Lists.” Japan Times Online Sep. 2007. 20 June 2008 ‹http://search.japantimes.co.jp/cgi-bin/fl20070923x4.html>. “Have you Changed your mind on Ebook Readers?” Slashdot. 25 June 2008 ‹http://ask.slashdot.org/article.pl?sid=08/05/08/2317250>. Hepworth, David. “The Future of Reading or the Sinclair C5.” The Word 17 June 2008. 20 June 2008 ‹http://www.wordmagazine.co.uk/content/future-reading-or-sinclair-c5>. IPDF (International Digital Publishing Forum) Industry Statistics. 24 June 2008 ‹http://www.openebook.org/doc_library/industrystats.htm>. iRex Technologies Press. 12 June 2008 ‹http://www.irextechnologies.com/about/press>. Johnson, Bobbie. “Vince Cerf, AKA the Godfather of the Net, Predicts the End of TV as We Know It.” The Guardian 27 Aug. 2008. 24 June 2008 ‹http://www.guardian.co.uk/technology/2007/aug/27/news.google>. Katayama, Lisa. “Big Books Hit Japan’s Tiny Phones.” Wired Jan. 2007. 24 June 2008 ‹http://www.wired.com/culture/lifestyle/news/2007/01/72329>. “The Last Lecture.” Amazon.com. 24 June 2008 ‹http://www.amazon.com/gp/product/1401323251/ref=amb_link_3359852_2? pf_rd_m=ATVPDKIKX0DER&pf_rd_s=right-1&pf_rd_r=07NDSWAK6D4HT181CNXD &pf_rd_t=101&pf_rd_p=385880801&pf_rd_i=549028>.Levy, Steven. The Perfect Thing. London:Ebury Press, 2006. Macquarie University Library Annual Report 2007. 24 June 2008 ‹http://senate.mq.edu.au/ltagenda/0308/library_report%202007.doc>. Marr, Andrew. “Curling Up with a Good EBook.” The Guardian 11 May 2007. 23 May 2007 ‹http://technology.guardian.co.uk/news/story/0,,2077278,00.html>. McEwan, Ian. “Hello, Would you Like a Free Book?” The Guardian 20 Sep. 2005. 28 June 2008 ‹http://www.guardian.co.uk/books/2005/sep/20/fiction.features11>. McLuhan, Marshall. The Gutenberg Galaxy. Toronto: U of Toronto P, 1962. Mobileread. E-book Reader Matrix, Mobileread Wiki. 30 May 2008 ‹http://wiki.mobileread.com/wiki/E-book_Reader_Matrix>. Nelson, Sara. “Warming to Kindle.” Publishers Weekly 10 Dec. 2007. 31 Jan. 2008 ‹http://www.publishersweekly.com/article/CA6510861.htm.html>. Nielsen, Jakob. “Concise, Scannable and Objective, How to Write for the Web.” 1997. ‹20 June 2008 ‹http://www.useit.com/papers/webwriting/writing.html>. Norman, Don. The Invisible Computer: Why Good Products Can Fail. Cambridge, MA: MIT P, 1998. Ong, Walter. Orality & Literacy: The Technologizing of the Word. New York: Methuen, 1988. Postman, Neil. Amusing Ourselves to Death. New York: Penguin, 1986. Proulx, E. Annie. “Books on Top.” The New York Times 26 May 1994. 28 June 2008 ‹http://www.nytimes.com/books/99/05/23/specials/proulx-top.html>. Randolph, Eleanor. “Reading into the Future.” The New York Times 18 June 2008. 19 June 2008 ‹http://www.nytimes.com/2008/06/18/opinion/18wed3.html?>. Slocum, Mac. “The Pitfalls of Publishing’s E-Reader Guessing Game.” O’Reilly TOC. June 2006. 24 June 2008 ‹http://toc.oreilly.com/2008/06/the-pitfalls-of-publishings-er.html>. Sridharan, Vasanth. “Goldman: Amazon Sold up to 50,000 Kindles in Q1.” Silicon Alley Insider 19 May 2008. 25 June 2008 ‹http://www.alleyinsider.com/2008/5/how_many_kindles_sold_last_quarter_>. “Super Monkey Ball iPhone's Super Sales.” Edge OnLine. 24 Aug. 2008 ‹http://www.edge-online.com/news/super-monkey-ball-iphones-super-sales>. Thompson, John B. Books in the Digital Age. London: Polity, 2005. Vershbow, Ben. “Self Destructing Books.” if:book. May 2005. 4 Oct. 2006 ‹http://www.futureofthebook.org/blog/archives/2005/05/selfdestructing_books.html>. Wallace, Margaret, and Brian Robbins. 2006 Casual Games White Paper. IDGA. 24 Aug. 2008 ‹http://www.igda.org/casual/IGDA_CasualGames_Whitepaper_2006.pdf>. Weber, Jonathan. “Why Books Resist the Rise of Novel Technologies.” The Times Online 23 May 2006. 25 June 2008 ‹http://entertainment.timesonline.co.uk/tol/arts_and_entertainment/books/article724510.ece> Young, Sherman. The Book is Dead, Long Live the Book. Sydney: UNSW P, 2007.
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McNicol, Emma Jane Brosnan. "Gendered Violence as Revelation in John le Carré’s The Night Manager." M/C Journal 23, no. 4 (August 12, 2020). http://dx.doi.org/10.5204/mcj.1665.

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Abstract:
Susanne Bier and David Farr’s 2016 television adaptation of John le Carré’s novel The Night Manager (“Manager”) indexes the resilience of traditional Christian misogyny in contemporary British-American media. In the first episode of the series, Sophie (Aure Atika)’s partner Freddie Hamid (David Avery) brutally beats her. In the subsequent scene, despite her scars, Sophie has a sex scene with the eponymous night manager Pine (Tom Hiddlestone). Sophie’s eye socket and the left side of her face bear fresh bruises and wounds throughout the sex scene. And in the sixth and final episode, Pine and Jed (Elizabeth Debicki) have sex after she has been tortured at length by her partner Roper’s (Hugh Laurie) henchman, at Roper’s request. Jed’s neck, face, and arms bear bruises from the torture.These sex scenes function as a space of revelation. I interpret the women’s wounds and injuries alongside a feminist-critical tradition of reading noir on screen. Inaugurated by Ann Kaplan’s 1978 Women in Film Noir, many feminist commentators have since made the claim that women in noir achieve a peculiar significance, and their key scenes a subversive meaning; “in excess of” their punitive treatment within the narrative (Kaplan 5; Harvey 31; Tasker Working Girls 117). My reading emphasizes a tension between Manager’s patriarchal narrative framing and these two sex scenes that I argue disrupt and subvert the former.That Sophie and Jed are brutalised by their partners does not tell us much: it is a routine expectation in British-American film and television that “bad guys” are tough on “their” chicks. It is only after these violent encounters with their partners, when the women share “romantic” moments with Pine, that the text’s patriarchal entitlement is laid bare (“revelation” stems from Late Latin revelare to “lay bare”). Forgetting about their cuts, injuries and bruises, they desire Pine, remove their clothes, and are stimulated, stimulating, pleasuring, and pleasured. Director Bier and writer Farr assume that a 2016 British and American audience will (i) find these encounters between Sophie and Pine, and Pine and Jed, to be romantic and tender; and also (ii) find Pine’s behavior consistent with that of a “savior”. These expectations regarding audience complicity are truly revelatory.Sophie and Jed’s wounds constitute a space of revelation: the wounds are in excess of, and spill over, the patriarchal narrative framing. Their wounds indicate that the narrative has approached a moment of excessive patriarchal entitlement—emphasising extreme power imbalances between Pine and the women—and break through the narrative framing and encourage feminist enquiry. I use feminist legal theorist Catharine MacKinnon’s theory of consent to argue that, given this blatant power inequity, it could be interpreted the characters have different perspectives of the sexual act and it is questionable whether the women are in fact consenting (182).Critical ReceptionAcademic engagement with John le Carré’s well-respected espionage novels continues to emerge, including the books of Myron Aronoff, Tony Barley, Matthew Bruccoli and Judith Baughman, John Cobbs, David Monaghan, Peter Lewis and Peter Wolfe. There are a small number of academic commentaries exploring the screen adaptations of his novels, including Eric Morgan’s “Whores and Angels” and Geraint D’Arcy’s “Essentially, Another Man’s Woman”. Unfortunately, there are almost no academic commentaries on Manager, with the exception of Gunhild Agger’s “Geopolitical Location and Plot in The Night Manager”, and none that focus on the handling of gender themes within it.However, there are abundant mainstream media articles and reviews of Manager. I randomly selected seven of these articles and reviews in order to gauge the response to these sex scenes within a 2016 British-American media community. I looked at articles and reviews by Hal Boedeker, Caitlin Flynn, Tim Goodman, Jeff Jensen, Tom Lamont, Jasper Rees, and Claire Webb. None of the articles mention the theme of “gender” or note the gendered violence in the series. The reviews are complicit with the patriarchal narrative framing, and introduce Sophie and Jed in terms of their physical appearances and in their relation to principal male characters. “Beautiful and pale” Jed is “girlfriend of Bogeyman arms dealer” (Jensen), and is also referred to as “Roper’s long-legged trophy girlfriend” (Rees). Sophie, in a “sultry brunette corner” is a “tempting, tragic damsel-in-distress” (Rees) and “arouses Pine” (Jensen). However, reviewers describe the character Burr (who is male in the novel but played by Olivia Colman in the series) with greater dignity and detail. Introducing the character Sophie (Aure Atika), reviewer Tom Goodman does not refer to her by character or actress name despite the fact he introduces male characters by both. Instead, Sophie is a “beautiful connected woman” and is subsequently referred to as “the woman” (Goodman). This anonymity of Sophie as character, and Atika as actor, indexes the Christian misogyny in operation here: in Genesis, Adam only names Eve after the fall of man (New International Version, Gen. 3:20). Goodman’s textual erasure supports Sophie’s vulnerability and expendability within the narrative logic. Indeed, the reviews recapitulate stock noir themes, suggesting that the women are seductively manipulative: Goodman implies that both Bier and Debicki both deploy beauty so as to distract or beguile (Goodman), and Jensen notes that the women are “sultry with danger” (Jensen).Commentators and reviewers have likened Manager, with good reason, to screen adaptations of Ian Fleming’s James Bond novels. This is a useful comparison for the purposes of clarifying my own analytical approach. Lisa Funnell and Klaus Dodds’s Geographies, Genders and Geopolitics of James Bond, endorse a feminist geopolitical sensibility that audits which bodies are vulnerable, and which are disposable (14). Bond, like Manager’s Pine, is fundamentally privileged and invulnerable (14). Their account of Bond also describes Pine: “white, cis-gender, middle-class, heterosexual, able-bodied… British, attended Cambridge… he can move, act, and perform; gain access to places, spaces and resources” (1). Sophie’s vulnerability counterpoints Pine’s privilege. Against Pine’s athletic form and blond features stands the “foreign” Sophie, iterated through an emphasis on her dark features, silk dresses (that reference kaftans), and accented language (she delivers English language lines with a strong accent and discloses to Pine that she has tried to “Anglicise” her identity and has changed name). Sophie’s social and financial precarity seems behind her decision to become the mistress of violent gangster Freddie Hamid (in “Episode One” Sophie explains that Hamid “owns her”). By the end of this episode Hamid has violently beaten her then later murdered her. And even though the character Jed is white and American, it is implied that financial necessity is behind her choice of Richard Roper as partner. Jed is violently tortured and beaten in “Episode Six”.Funnell and Dodds also note Bond’s capacity to sexually satisfy women as a key dimension of his hegemonic masculinity (1). In Manager, the spectator is presumed complicit with the narrative framing and is expected to uncritically accept Pine’s extreme desirability to women. The assumption of Pine’s sexiness and sexual competency together constitute his entitlement, made clear in sex scenes between him and Sophie, and him and Jed. These sex scenes follow events of gendered violence and I raise the possibility that they also constitute instances of gendered violence.Noir Feminine ArchetypesReviewers have pointed out that Manager engages with the noir tradition (Jensen). Sophie and Jed are both “fallen” women, reflecting the Christian heritage of the noir tradition, though incarnate different noir archetypes (Allen 6). Mysterious and seductive Sophie emerges as a femme fatale in the first episode: the dark and seductive girlfriend of gangster Freddie Hamid, Sophie entrusts Pine with delicate and dangerous information, leading him into a dark world. In Milton’s Paradise Lost, the snake convinces Eve that the fruit does not bring death but instead knowledge. Eve wishes to share this knowledge with her partner “but keep the odds of knowledge in my power / without co-partner?” ultimately precipitating the fall of Adam and mankind (Milton 818). Sophie shares information regarding Hamid and Roper’s illegal arms deal with Pine. There are two transgressions on her part: she shares her partner’s confidential information with Pine and then has an affair with him. Hamid murders Sophie for the betrayals. However, Sophie’s murder does not erase her narrative significance: the event motivates protagonist Pine in his chief quest to ‘bring Roper down’, and as Boedeker concurs, the narrative’s action is “driven by this event”. Indeed, Yvonne Tasker notes the dual function of the femme fatale: she is both “an archetype which suggests an equation between female sexuality, death and danger” and also “functions as the vibrant centre of the narrative” (Tasker 117).Pine’s later love interest Jed is an example of the more complicated “good-bad girl” noir type, as Andrew Spicer has usefully coined it (92). The “good-bad girl” occupies a morally ambiguous space between the (dangerously sexy) femme fatale and (fundamentally decent) “girl-next-door” (Spicer 92). Both “good” and “bad”, Jed is unmarried but living with villain Roper, whom she has presumably selected out of economic necessity; she is a mother, but this does not bestow her with maternal legitimacy as she keeps her son a secret and is physically remote from him. Jed finds “real love” with Pine and betrays Roper in assisting Pine’s espionage plot. Roper’s henchman punishes Jed for the betrayal (in the torture scene Roper laments “I saw how you looked at him last night”; “Episode 6”).Despite the routine sexism and punitive thrust of the noir narrative, the women’s “romantic” sex scenes with Pine are laden with subversive significance. In her analysis of women in noir, Sylvia Harvey argues:Despite the ritual punishment of acts of transgression, the vitality with which these acts are endowed produces an excess of meaning which cannot finally be contained. Narrative resolutions cannot recuperate their subversive significance. (31)The visibility of Sophie and Jed’s wounds throughout their respective sex scenes with Pine signals an excessive patriarchal entitlement that disrupts the narrative logic and invites us to question the women’s perspectives. My analysis of the scenes is informed by feminist legal theorist Catharine MacKinnon’s argument that under unequal power relations consent is fraught, if not impossible (180). MacKinnon argues that women’s beliefs and reactions are shaped by power inequality, including the threat of male violence, economic dependence, and need (175).Analysis of Sophie and Pine’s InteractionsI first analyse Sophie’s dialogue because I seek to demonstrate that there is a communication breakdown in play: Sophie is asking Pine for help and safety while Pine thinks she is seducing him. Sophie’s verbal exchanges with Pine can be read in two different ways: (i) according to the patriarchal narrative framing (the spectator is positioned alongside Pine, seeing Sophie as scopophilic object); or (ii) from a feminist perspective that takes Sophie’s situation and perspective into account (Mulvey 835-36). Sophie’s language is legible as flirtation. If we are uncritically complicit with the narrative framing, Sophie is usually trying to arrange time alone with Pine because she desires him. However, if we emphasise Sophie’s perspective, she is asking for privacy, discretion, and help to stay alive (and to save the lives of others too, given that she is foiling an arms deal). Catharine MacKinnon’s observation that “men are systematically conditioned not even to notice what women want” plays out elegantly in the scenes between Pine and Sophie (181). Pine manages to discern that Sophie needs some sort of help, but shows no regard for her perspective or the significant power inequality between the two of them. From their earliest interaction in “Episode One” Sophie addresses Pine in a flirtatious way. In an audacious request, although it is ‘below’ his duties as manager she insists he make her a coffee and cheekily demands he sit with her while she drinks it. Their interaction is a standard flirtatious tête-à-tête, entailing the playful query “what do you [Pine] know of me?” Sophie begs Pine to copy some documents for her in his office even though he points out that his colleague performs such duties. Sophie suggestively demands “I would prefer to use your office”. It seems that by insisting on time alone with him, Sophie’s goal is that Pine does the task, rather than the task be done per se. However, it promptly transpires that Sophie sought a private location in order to share classified information with him, having noted at an earlier date Pine’s friendship with a British diplomat. She asks him to “hold onto” the documents “in case something happens to her”.Pine nonetheless passes on these classified documents to this contact.Sophie and Pine’s next interaction follows a similar pattern: she rings him from her hotel room and asks him to bring her a scotch. He suggests alternative ways she can procure a drink, yet she confirms the real object of her desire (“I want you”). Pine smirks as he approaches her room. Sophie’s declaration appears as (i) a desirous statement and invitation to come to her room for sex but it is in fact (ii) a demand that Pine (specifically) comes to her room, because she wants to know with whom he shared the documents and to reveal to him the injuries she received as a punishment for his leak.After realising the danger he has put her in, Pine takes her to a remote house to secure her safety. Once inside, she implores “why do you sit so far away?” which sounds like a request for closeness, perhaps even that he touch her. Yet the extent of her desired proximity, and the nature of the touch she requests, can be interpreted in (at least) two ways. Certainly, Pine believes that she desires sexual intercourse with him. The spectator is meant to interpret this request along those lines by virtue of Atika’s seductive delivery. Pine explains that he sits with distance “out of respect” and Sophie teases “is that why you came all the way here, to respect me?” This remark reveals Sophie’s assumption that Pine’s assistance has been transactional (help in exchange for sex) and the content indicates the kind of sex she assumes he expects (“disrespectful” sex, or at least sex that playfully skirts the boundaries of respect). In a declaration that stands up as a positive affirmation of consent under British and American law, Sophie announces: “I want one of your many selves to sleep with me tonight.”From a freshly bruised eye socket, Sophie lovingly stares at Pine. Extra-diegetic strings instruct us that the moment is romantic. Pine strokes the (unbruised side) side of her face. Could her question “why do you sit so far away?” have been a request that he sit near her, place an arm around her shoulder, hold her hand, stroke her forehead, perhaps even tend to her wounds? Might the request that he “sleep with [her] tonight” have been a request that he sleep in the cottage, albeit on the floor?Sophie and Pine are subsequently displayed naked, limbs entangled. A new shot, a close-up of the right side of her face, displays a scab atop her eyebrow, a deeply bruised eye socket, further bruises down her cheeks, and a split lip. The muscular, broad Pine is atop Sophie and thrusting; Sophie’s split lip smiles in ecstasy and gratitude. A post-coital shot follows: she stares lovingly down at him with her facial injuries on full display, her dark eyes stare into his lucid green. Pine asks Sophie’s “real name”. Samira recounts that she changed her name to Sophie in order to “be more Western”. The power inequality is manifest on gendered, cultural, social, and physical lines: in order to advance her social position, Samira has sought to Anglicise herself and partnered with a violent (though influential) criminal (who has recently brutalised her). Her life is in danger, she is (depicted as) dark and foreign and ostensibly has no social or support network (is isolated enough to appeal to a hotel manager for help). Meanwhile, Pine is Western university-educated, a spectacle of white male athletic privilege, and has elite connections with British intelligence.Catharine MacKinnnon argues that consent is only a meaningful option if the parties are equally powerful (174). Sophie’s extreme vulnerability renders their situations patently unequal. As MacKinnon argues “when perspective is bound up with situation, and [that] situation is unequal, whether or not a contested interaction is authoritatively considered rape comes down to whose meaning wins” (182). I do not argue that Pine rapes Sophie per se. However, the revealing of Sophie’s injuries efficiently articulates the power inequality in their situations and thus problematises a straightforward assumption of her consent. MacKinnon’s argues that rape occurs “somewhere between” the following three factors (182). First, “what the woman actually wanted” (Sophie wanted to save the lives of others (by foiling an arms deal) and not die for the breach). Second, “what she was able to express about what she wanted” (class/gender/race power dynamics may have frustrated Sophie’s ability to articulate her needs and might have motivated her sexually suggestive tenor). Third, “what the man comprehended she wanted” (Pine assumes that Sophie, like all women, sexually desire him).Analysis of Jed and Pine’s InteractionsThe injustice of Pine and Sophie’s sexual encounter finds its counterpart in Pine’s sexual encounter with Jed in the final episode of the series (“Episode Six”). Roper discovers that Jed has given a third party (Pine and his colleagues) access to his private (incriminating) files. Roper instructs his henchman to torture Jed until she identifies this third party. The henchman holds Jed by the back of her neck and dunks her head repeatedly into bathwater. The camera reveals deep bruises on her arms. Jed refuses to identify her beloved (Pine) as the ‘rat’, yet the astute Roper nevertheless surmises “you must care deeply about the person you are protecting”.Alas, the dominant narrative must go on: Roper and Pine attend to an arms deal; the deal fails because Pine has set Roper up to appear as though he has robbed the buyers (and so on). Burr and Pine’s mission to “bring down” Roper has been completed. I keep wondering what Roper’s henchman has been doing to Jed during this “men’s business”. Alas, after Pine has completed the job, we encounter Jed again. She is in bed, her limbs entangled with Pine’s. The camera positioning and shot sequencing are almost identical to the sex scene between Pine and Sophie in “Episode One”. A medium close-up from the left reveals Pine thrusting atop Jed. Through pale moonlight the viewer discerns injures on Jed’s face and chin.The morning after this (brief) sex scene, Pine and Jed discuss her imminent departure (“home” to New York, to be reunited with her son). Debicki’s performance is tremendously tender: her lip trembles, her voice shakes as she swallows tears. Jed is sad because she is bidding Pine farewell, and, as she verbalises to Pine, she is nervous about whether her son will “recognise her”. Does Jed’s torture also give her grounds to weep and tremble? Ever a gentleman, Pine clasps her hand, and while marching her to her taxi, we see more bruises atop her left arm.I am also not arguing that Pine raped Jed. Yet given what Jed had endured earlier that day – torture by drowning, as commissioned and witnessed by her own partner – was sexual intercourse what she desired or needed? The visibility of Jed’s injuries throughout the sex scene marks an apotheosis of patriarchal entitlement. Might a fraternal or (even remedial) touch have been Pine’s first priority? Does Jed need a hug? Does she need ice? Had Pine been educated or socialised in a different tradition, one remotely attuned to what anyone might need after a disastrously traumatic and violent event, he might not have found penetrative sex an appropriate remedy. Pine’s absolute security in his own sexual desirability meant that he found the activity suitable, yet her injuries break my blind faith in his sexiness. I wish to raise the possibility that intercourse after this event might have compounded the violent events Jed endured that day. Contrary to the narrative’s implication, penetrative intercourse (even with Tom Hiddleston) might not heal Sophie or Jed’s wounds.ConclusionI am not a humourless feminist immune to the entertaining (and often entertainingly preposterous) dimensions of the spy and action genre. In fact, I enthusiastically await subsequent screen adaptations of le Carré’s work and the next Bond instalment. This is not a call to “cancel” a genre, text, director or writer. Biblically, a “revelation” has always instructed humans on how to live in this life. These sex scenes do not merely lay bare extreme patriarchal entitlement but might instruct directors and writers working within the genre to keep wounds, and wounded women, out of their sex scenes. I think that is a modest request. ReferencesAgger, Gunhild. “Geopolitical Location and Plot in The Night Manager.” Journal of Scandinavian Cinema 7 (2017): 27-42.Allen, Virginia. The Femme Fatale: Erotic Icon. Troy, New York: The Whitston Publishing Company, 1983.Aronoff, Myron. The Spy Novels of John le Carré: Balancing Ethics and Politics. New York: St. Martin’s, 1999.Barley, Tony. Taking Sides: The Fiction of John le Carré. Philadelphia: Open U, 1986.Boedeker, Hal. “‘Night Manager’: Check in for Tom Hiddleston.” Orlando Sentinel, 16 Apr. 2016. 7 June 2020 <https://www.orlandosentinel.com/entertainment/tv-guy/os-night-manager-check-in-for-tom-hiddleston-20160416-story.html>.Bruccoli, Matthew, and Judith Baughman. Conversations with John le Carré. Oxford: U of Mississippi P, 2004.Cobbs, John. Understanding John le Carré. Columbia: U of South Carolina P, 1998.D’arcy, Geraint. “‘Essentially, Another Man’s Woman’: Information and Gender in the Novel and Adaptations of John le Carré’s Tinker Tailor Soldier Spy.” Adaptation 7.3 (2014): 275-90.Funnell, Lisa, and Klaus Dodds. Geographies, Genders and Geopolitics of James Bond. London: Palgrave Macmillan, 2017.Flynn, Caitlin. “Who Is Sophie on ‘The Night Manager’? Aure Atika’s Character Will Drive the Thriller.” Bustle, 20 Apr. 2016. 7 June 2020 <https://www.bustle.com/articles/155498-who-is-sophie-on-the-night-manager-aure-atikas-character-will-drive-the-thriller>. Goodman, Tim. “Critic's Notebook: 'The Night Manager' Glosses over Its Flaws with Beauty and Talent.” Hollywood Reporter, 28 Apr. 2016. 7 June 2020 <https://www.hollywoodreporter.com/bastard-machine/critics-notebook-night-manager-glosses-888648>.Harvey, Sylvia. “Woman’s Place: The Absent Family of Film Noir.” Women in Film Noir. Ed. E. Ann Kaplan. London: British Film Institute, 1980. 30-38.Jackson, Emily. “Catharine MacKinnon and Feminist Jurisprudence: A Critical Appraisal.” Journal of Law and Society 19.2 (1992): 195-213.Jensen, Jeff. “‘The Night Manager’: EW Review.” Entertainment Weekly, 14 Apr. 2016. 7 June 2020 <https://ew.com/article/2016/04/14/the-night-manager-review/>. Kaplan, E. Ann. “Introduction.” Women in Film Noir. Ed. E. Ann Kaplan. London: British Film Institute, 1980. 1-5.Lamont, Tom. “Elizabeth Debicki: ‘We Fought about How Sexy I Should Be’.” The Guardian, 8 Oct. 2016. 7 June 2020 <https://www.theguardian.com/tv-and-radio/2016/oct/08/elizabeth-debicki-fought-a-lot-how-sexy-should-be-the-night-manager>. Lewis, Peter. John le Carré. New York: Ungar, 1985.MacKinnon, Catharine. Towards a Feminist Theory of the State. Cambridge: Harvard UP, 1989.Milton, John. Paradise Lost. Eds. Mary Waldrep and Susan Rattiner. United States: Dover Publications, 2005.Monaghan, David. The Novels of John le Carré: The Art of Survival. Oxford: Basil Blackwell, 1985.———. Smiley’s Circus: A Guide to the Secret World of John le Carré. New York: St. Martin’s, 1986.Morgan, Eric. “Whores and Angels of Our Striving Selves: The Cold War Films of John le Carré, Then and Now.” Historical Journal of Film, Radio and Television 36.1 (2016): 88-103.Mulvey, Laura. “Visual Pleasure and the Narrative Cinema.” Film Theory and Criticism: Introductory Readings. Eds. Leo Braudy and Marshall Cohen. New York: Oxford UP, 1999. 833-44.The Night Manager. Dir. S. Bier. Screenplay D. Farr. UK/USA: BBC and AMC, 2016.Rees, Jasper. “The Night Manager, Episode 1: Brilliant Event Drama.” The Telegraph, 20 Apr. 2016. 2 June 2020 <http://www.telegraph.co.uk/tv/2016/02/19/the-night-manager-episode-1-event-drama-of-the-highest-calibre/>.Scheppele, Kim. “The Reasonable Woman.” The Responsive Community, Rights and Responsibilities 1.4 (1991): 36–47.Tasker, Yvonne. Working Girls: Gender and Sexuality in Popular Cinema. London: Routledge, 1998.———. “Women in Film Noir.” A Companion to Film Noir. Eds. Andrew Spicer and Helen Hanson. Chichester: Wiley-Blackwell, 2013. 353-68.Sauerberg, Lars Ole. Secret Agents in Fiction. London: Macmillan, 1984.Webb, Claire. “Where to Find the Plush Hotels and Lush Locations in The Night Manager”. Radio Times, 21 Feb. 2016. 2 June 2020 <http://www.radiotimes.com/ news/2016-02-21/where-to-find-the-plush-hotels-and-lush-locations-inthe-night-manager>.Wolfe, Peter. Corridors of Deceit: The World of John le Carré. Madison, WI: Popular P, 1987.
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