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1

SHAW, G. P. "The Political Career of William Grant Broughton*." Australian Journal of Politics & History 22, no. 3 (April 7, 2008): 338–46. http://dx.doi.org/10.1111/j.1467-8497.1976.tb00920.x.

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2

Kaye, Bruce N. "The Baggage of William Grant Broughton: The First Bishop of Australia as Hanoverian High Churchman." Pacifica: Australasian Theological Studies 8, no. 3 (October 1995): 291–314. http://dx.doi.org/10.1177/1030570x9500800303.

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This article examines the intellectual and ecclesiastical baggage which W. G. Broughton brought with him when he came to New South Wales as Archdeacon in 1829 by tracing Broughton's early life and education, his early ministry and scholarly writings, and identifying Broughton's circle of friends in the Church of England. The travel diary which Broughton kept on his journey to New South Wales is examined for his estimate of the books he read while on ship. Broughton emerges from this study as a person of considerable scholarly talent, and a member of the old High Church group by both theological, and political conviction as well as personal friendships.
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Mulvin, Lynda S. "Extra-illustrations to Charles Robert Cockerell’s Ionian Antiquities and James Cavanah Murphy’s Arabian Antiquities of Spain in the collections of the Gennadius Library and the Yale Center for British Art." Journal of Illustration 8, no. 1 (August 1, 2021): 19–49. http://dx.doi.org/10.1386/jill_00037_1.

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This article focuses on unpublished extra-illustrations relating to two architectural monographs, currently in the collections of the Gennadius Library (Athens, Greece) and the Yale Center for British Art (New Haven, CT, USA). The first section examines two unique copies of Ionian Antiquities (1769) by Richard Chandler, Nicholas Revett and William Pars, both grangerized by Charles Robert Cockerell (1788‐1863); the second section considers a special copy of The Arabian Antiquities of Spain (1815) by James Cavanah Murphy (1760‐1814). These enhanced volumes embody early nineteenth-century concepts of authorship and shed light on the working methodologies of their creators. In his personal copies, Cockerell noted differences in admeasurements of the monuments as recorded by Chandler and Revett for use in Neoclassical architectural practice, and brought to light new discoveries made during his Ionian Grand Tour. In Murphy’s own volume of The Arabian Antiquities of Spain, the supplementary sketches, drawings and additional illustrations enliven the plates, place them in context and inform the printing process.
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Russell, WMS. "The Three Rs: past, present and future." Animal Welfare 14, no. 4 (November 2005): 279–86. http://dx.doi.org/10.1017/s0962728600029596.

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“Our story must begin with Charles Hume, for the whole of this grand enterprise began as a twinkle in his eye, which often twinkled” (Russell 1995). Fifty-one years ago, in 1954, besides important achievements in other fields of animal welfare, Hume and the Universities Federation for Animal Welfare (UFAW) had brought out the first edition of The UFAW Handbook on the Care and Management of Laboratory Animals, edited by Alastair Worden (Worden 1947), who was already preparing a greatly enlarged second edition with William Lane-Petter (Worden & Lane-Petter 1957). Hume had already contributed to the first edition of the Handbook an article on statistical analysis, which is clearly relevant to actual experimentation (Hume 1947); he now had the brilliant and totally original idea of starting a general study of humane technique in actual experimentation. The late Rex Burch and I were appointed to undertake this project; the moment Rex walked into my office I knew that here was not only the perfect colleague but also a lifelong friend, and I sadly miss him.
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Nolan, Frances. "‘The Cat’s Paw’: Helen Arthur, the act of resumption andThe Popish pretenders to the forfeited estates in Ireland, 1700–03." Irish Historical Studies 42, no. 162 (November 2018): 225–43. http://dx.doi.org/10.1017/ihs.2018.31.

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AbstractThis article examines the case of Helen Arthur, a Catholic and Jacobite Irish woman who travelled with her children to France following William III’s victory over James II in the War of the Two Kings (1689–91). It considers Helen’s circumstances and her representation inThe Popish pretenders to the forfeited estates in Ireland, a pamphlet published in London in 1702 as a criticism of the act of resumption. The act, introduced by the English parliament in 1700, voided the majority of William III’s grants to favourites and supporters. Its provisions offered many dispossessed, including the dependants of outlawed males, a chance to reclaim compromised or forfeited property by submitting a claim to a board of trustees in Dublin. Helen Arthur missed the initial deadline for submissions, but secured an extension to submit through a clause in a 1701 supply bill, a development that brought her to the attention of the anonymous author ofThe Popish pretenders. Charting Helen’s efforts to reclaim her jointure, her eldest son’s estate and her younger children’s portions, this article looks at the ways in which dispossessed Irish Catholics and/or Jacobites reacted to legislative developments. More specifically, it shines a light on the possibilities for female agency in a period of significant upheaval, demonstrating opportunities for participation and representation in the public sphere, both in London and in Dublin. It also considers the impact of the politicisation of religion upon understandings of women’s roles and experiences during the Williamite confiscation, and suggests that a synonymising of Catholicism with Jacobitism (and Protestantism with the Williamite cause) has significant repercussions for understandings of women’s activities during the period. It also examines contemporary attitudes to women’s activity, interrogating the casting of Helen as a ‘cat’s paw’ in a bigger political game, invariably played by men.
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Charalambous, Lefko T., Billy Kim, Ayden Case, Ian Duensing, Meredith Brown, William Jiranek, Jessica Seidelman, Michael Bolognesi, and Thorsten Seyler. "256. PICC Complications Are Common Reasons for ED Visits After PJI." Open Forum Infectious Diseases 8, Supplement_1 (November 1, 2021): S234—S235. http://dx.doi.org/10.1093/ofid/ofab466.458.

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Abstract Background Peri-prosthetic joint infection (PJI) is a devastating complication after total joint arthroplasty (TJA) requiring surgical intervention and prolonged parenteral antibiotics. Often plagued by complications, the purpose of this study was to characterize the postoperative PICC (peripherally-inserted central catheter) line related complications and readmissions. Causes for 90-Day ED Visits after Revision Surgery for PJI. The figure quantifies causes for ED visits after PJI revision surgery with subsequent PICC line placement. Readmissions from ED are highlighted in blue. PICC-specific problems at ED visit. The figure quantifies the specific PICC-line problems that brought patients to the ED. Readmissions from ED are highlighted in blue. Methods We retrospectively queried an institutional database for total hip (THA) and total knee (TKA) arthroplasty patients from January 2015 through December 2020 that developed a PJI and required PICC placement. Patient demographics, comorbidities, readmissions, and emergency department (ED) visits were collected. Results 889 patients (48.3% female) with a mean age of 64.6 years (18.7-95.2) underwent 435 THA and 454 TKA that were revised for PJI. The cohort had 275 (30.9%) 90-day ED visits and 284 readmissions (31.9%). Of ED visits, 51 (18.5%) were PICC-related, with only five (9.8%) leading to readmission for a PICC complication. Average time from discharge to PICC ED visit was 26.2 days (0.3-89.4). The most common reasons for 90-day ED visit after revision and PICC line placement were issues related to the joint replacement or wound site (“MSK”, n=116, 42.2%) and PICC complaints (n=51, 18.5%). A multivariable logistic regression demonstrated that non-Caucasian race (OR 2.24, 95% CI 1.24-4.04, p=0.007) and younger age (OR 0.98, 95% CI 0.95-1.00, p=0.035) were associated with PICC-related ED visits. Malpositioning (41.2%) and occlusion (35.3%) were the most common PICC complications leading to ED presentation. Conclusion PICC complications are common after PJI treatment accounting for nearly 20% of 90-day ED visits. Of these, malpositioning and occlusion of the PICC line occupy the vast majority of these complaints. This high level of utilization early in the course of outpatient parenteral antibiotic therapy represents areas of optimization and potential cost containment in the postoperative care of PJI patients. Disclosures William Jiranek, MD, Depuy Synthes (Other Financial or Material Support, Royalty/Licensing) Michael Bolognesi, MD, Heron Therapeutics, Inc. (Consultant)Total Joint Orthopedics, Inc. (Other Financial or Material Support, Royalty/Licensing)Zimmer Biomet Holdings, Inc. (Other Financial or Material Support, Royalty/Licensing) Thorsten Seyler, MD/PhD, Depuy Synthes (Other Financial or Material Support, Resident Educational Support)Extrel Therapeutics (Board Member, Shareholder)Heraeus Medical (Consultant)MiCare Path (Board Member, Shareholder)OREF (Grant/Research Support)Pattern health (Board Member)Restor3D (Other Financial or Material Support, Royalties)Smith+Nephew, Inc. (Grant/Research Support, Speaker’s Bureau)Stryker (Other Financial or Material Support, Resident Educational Support)Total Joint Orthopedics, Inc. (Consultant)Wolters Kluwer Health (Other Financial or Material Support, Royalties)Zimmer Biomet (Grant/Research Support)
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7

Willson, Robert. "Bishop Broughton and his Colonial Visitation in 1845." Journal of Anglican Studies, March 2, 2022, 1–16. http://dx.doi.org/10.1017/s1740355322000079.

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Abstract This article examines an account by William Grant Broughton, describing a journey made in 1845 to the south of his Diocese of Australia. It was published by English supporters, describing the impossibly large area of his responsibility and pleading for a subdivision of his diocese. Broughton wanted to overcome ignorance of Australia, to thank his supporters for money and manpower, and to demonstrate that his work as a bishop was not just a state appointed official, but as a spiritual Father-in-God in apostolic succession from Christ. Broughton was inspired by the Oxford Movement. Broughton met influential colonists and inspired support in his vision of church buildings where the Gospel might be preached and the sacraments of the Church of England celebrated with a dignity to inspire and attract the flock. Broughton knew the 1836 decision of the Government to give state aid to all major Christian denominations undermined the claim of the Church of England to have inherited established legal status the church enjoyed in England. Broughton’s heroic efforts form an inspiring Anglican heritage. The article concludes that by the time of his death in 1853 his church was but one denomination in a spiritually plural, and secular, society.
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8

Willson, Robert. "William Gore: A Puseyite in Parramatta." Journal of Anglican Studies, September 21, 2021, 1–13. http://dx.doi.org/10.1017/s174035532100036x.

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Abstract This article examines the way one nineteenth-century clergyman of the Church of England in Australia, William Gore, was influenced by the Oxford Movement. Gore was the incumbent of the parish of All Saints Church, North Parramatta in Sydney. He implemented liturgical practices valued by the Oxford Movement, including wearing a surplice to preach rather than a Geneva gown, reading the Offertory sentences in the service of Holy Communion in the Book of Common Prayer, celebrating the Holy Communion on the saints days set in the Prayer Book and placing a cross on the holy table. He was supported by his bishop, William Grant Broughton. The reaction from parishioners was surprise, shock and opposition and he was branded as a ‘Puseyite’. This article uses local primary material, including press reports of parish meetings, to describe the reactions of parishioners in parish meetings against Gore’s liturgical uses. Gore’s activities are assessed as an important early example of the Oxford Movement’s influence in the Church of England in Australia. Gore’s practices, discussed in the public domain, provide evidence that the Oxford Movement was beginning to transform the nineteenth-century liturgical worship of the Church of England in Australia.
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O’Regan, Susan. "‘A Vast Speculation’:The Cork Grand Musical Meeting of 1826." Journal of the Society for Musicology in Ireland, May 2, 2010, 5–29. http://dx.doi.org/10.35561/jsmi05091.

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The organization of a Grand Musical Meeting in Cork in 1826 was the biggest commercial undertaking in the city’s concert life up to that time, bringing from London four virtuoso instrumentalists and at least six solo singers, in addition to a choir and orchestra. The event was directed by William Forde, a Cork-born musician who had for some years worked as a professional musician in London. The lavish plans for six concerts, an oratorio and an opera were not brought to fruition, and, by the fifth day, events were necessarily curtailed due to poor audience attendance. The scale of the event, its mismatch with the intended audience and a clash with the city’s annual theatre season all contributed to the difficulties which the organisers encountered, although artistic integrity and strong press support were in evidence. The publicity notices for the Grand Musical Meeting also reveal links with London’s newly-established Royal Academy of Music. This article examines the circumstances surrounding the event and questions its unstated aims.
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10

Toutant, Ligia. "Can Stage Directors Make Opera and Popular Culture ‘Equal’?" M/C Journal 11, no. 2 (June 1, 2008). http://dx.doi.org/10.5204/mcj.34.

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Cultural sociologists (Bourdieu; DiMaggio, “Cultural Capital”, “Classification”; Gans; Lamont & Foumier; Halle; Erickson) wrote about high culture and popular culture in an attempt to explain the growing social and economic inequalities, to find consensus on culture hierarchies, and to analyze cultural complexities. Halle states that this categorisation of culture into “high culture” and “popular culture” underlined most of the debate on culture in the last fifty years. Gans contends that both high culture and popular culture are stereotypes, public forms of culture or taste cultures, each sharing “common aesthetic values and standards of tastes” (8). However, this article is not concerned with these categorisations, or macro analysis. Rather, it is a reflection piece that inquires if opera, which is usually considered high culture, has become more equal to popular culture, and why some directors change the time and place of opera plots, whereas others will stay true to the original setting of the story. I do not consider these productions “adaptations,” but “post-modern morphologies,” and I will refer to this later in the paper. In other words, the paper is seeking to explain a social phenomenon and explore the underlying motives by quoting interviews with directors. The word ‘opera’ is defined in Elson’s Music Dictionary as: “a form of musical composition evolved shortly before 1600, by some enthusiastic Florentine amateurs who sought to bring back the Greek plays to the modern stage” (189). Hence, it was an experimentation to revive Greek music and drama believed to be the ideal way to express emotions (Grout 186). It is difficult to pinpoint the exact moment when stage directors started changing the time and place of the original settings of operas. The practice became more common after World War II, and Peter Brook’s Covent Garden productions of Boris Godunov (1948) and Salome (1949) are considered the prototypes of this practice (Sutcliffe 19-20). Richard Wagner’s grandsons, the brothers Wieland and Wolfgang Wagner are cited in the music literature as using technology and modern innovations in staging and design beginning in the early 1950s. Brief Background into the History of Opera Grout contends that opera began as an attempt to heighten the dramatic expression of language by intensifying the natural accents of speech through melody supported by simple harmony. In the late 1590s, the Italian composer Jacopo Peri wrote what is considered to be the first opera, but most of it has been lost. The first surviving complete opera is Euridice, a version of the Orpheus myth that Peri and Giulio Caccini jointly set to music in 1600. The first composer to understand the possibilities inherent in this new musical form was Claudio Monteverdi, who in 1607 wrote Orfeo. Although it was based on the same story as Euridice, it was expanded to a full five acts. Early opera was meant for small, private audiences, usually at court; hence it began as an elitist genre. After thirty years of being private, in 1637, opera went public with the opening of the first public opera house, Teatro di San Cassiano, in Venice, and the genre quickly became popular. Indeed, Monteverdi wrote his last two operas, Il ritorno d’Ulisse in patria and L’incoronazione di Poppea for the Venetian public, thereby leading the transition from the Italian courts to the ‘public’. Both operas are still performed today. Poppea was the first opera to be based on a historical rather than a mythological or allegorical subject. Sutcliffe argues that opera became popular because it was a new mixture of means: new words, new music, new methods of performance. He states, “operatic fashion through history may be a desire for novelty, new formulas displacing old” (65). By the end of the 17th century, Venice alone had ten opera houses that had produced more than 350 operas. Wealthy families purchased season boxes, but inexpensive tickets made the genre available to persons of lesser means. The genre spread quickly, and various styles of opera developed. In Naples, for example, music rather than the libretto dominated opera. The genre spread to Germany and France, each developing the genre to suit the demands of its audiences. For example, ballet became an essential component of French opera. Eventually, “opera became the profligate art as large casts and lavish settings made it the most expensive public entertainment. It was the only art that without embarrassment called itself ‘grand’” (Boorstin 467). Contemporary Opera Productions Opera continues to be popular. According to a 2002 report released by the National Endowment for the Arts, 6.6 million adults attended at least one live opera performance in 2002, and 37.6 million experienced opera on television, video, radio, audio recording or via the Internet. Some think that it is a dying art form, while others think to the contrary, that it is a living art form because of its complexity and “ability to probe deeper into the human experience than any other art form” (Berger 3). Some directors change the setting of operas with perhaps the most famous contemporary proponent of this approach being Peter Sellars, who made drastic changes to three of Mozart’s most famous operas. Le Nozze di Figaro, originally set in 18th-century Seville, was set by Sellars in a luxury apartment in the Trump Tower in New York City; Sellars set Don Giovanni in contemporary Spanish Harlem rather than 17th century Seville; and for Cosi Fan Tutte, Sellars chose a diner on Cape Cod rather than 18th century Naples. As one of the more than six million Americans who attend live opera each year, I have experienced several updated productions, which made me reflect on the convergence or cross-over between high culture and popular culture. In 2000, I attended a production of Don Giovanni at the Estates Theatre in Prague, the very theatre where Mozart conducted the world premiere in 1787. In this production, Don Giovanni was a fashion designer known as “Don G” and drove a BMW. During the 1999-2000 season, Los Angeles Opera engaged film director Bruce Beresford to direct Verdi’s Rigoletto. Beresford updated the original setting of 16th century Mantua to 20th century Hollywood. The lead tenor, rather than being the Duke of Mantua, was a Hollywood agent known as “Duke Mantua.” In the first act, just before Marullo announces to the Duke’s guests that the jester Rigoletto has taken a mistress, he gets the news via his cell phone. Director Ian Judge set the 2004 production of Le Nozze di Figaro in the 1950s. In one of the opening productions of the 2006-07 LA opera season, Vincent Patterson also chose the 1950s for Massenet’s Manon rather than France in the 1720s. This allowed the title character to appear in the fourth act dressed as Marilyn Monroe. Excerpts from the dress rehearsal can be seen on YouTube. Most recently, I attended a production of Ariane et Barbe-Bleu at the Paris Opera. The original setting of the Maeterlinck play is in Duke Bluebeard’s castle, but the time period is unclear. However, it is doubtful that the 1907 opera based on an 1899 play was meant to be set in what appeared to be a mental institution equipped with surveillance cameras whose screens were visible to the audience. The critical and audience consensus seemed to be that the opera was a musical success but a failure as a production. James Shore summed up the audience reaction: “the production team was vociferously booed and jeered by much of the house, and the enthusiastic applause that had greeted the singers and conductor, immediately went nearly silent when they came on stage”. It seems to me that a new class-related taste has emerged; the opera genre has shot out a subdivision which I shall call “post-modern morphologies,” that may appeal to a larger pool of people. Hence, class, age, gender, and race are becoming more important factors in conceptualising opera productions today than in the past. I do not consider these productions as new adaptations because the libretto and the music are originals. What changes is the fact that both text and sound are taken to a higher dimension by adding iconographic images that stimulate people’s brains. When asked in an interview why he often changes the setting of an opera, Ian Judge commented, “I try to find the best world for the story and characters to operate in, and I think you have to find a balance between the period the author set it in, the period he conceived it in and the nature of theatre and audiences at that time, and the world we live in.” Hence, the world today is complex, interconnected, borderless and timeless because of advanced technologies, and updated opera productions play with symbols that offer multiple meanings that reflect the world we live in. It may be that television and film have influenced opera production. Character tenor Graham Clark recently observed in an interview, “Now the situation has changed enormously. Television and film have made a lot of things totally accessible which they were not before and in an entirely different perception.” Director Ian Judge believes that television and film have affected audience expectations in opera. “I think audiences who are brought up on television, which is bad acting, and movies, which is not that good acting, perhaps require more of opera than stand and deliver, and I have never really been happy with someone who just stands and sings.” Sociologist Wendy Griswold states that culture reflects social reality and the meaning of a particular cultural object (such as opera), originates “in the social structures and social patterns it reflects” (22). Screens of various technologies are embedded in our lives and normalised as extensions of our bodies. In those opera productions in which directors change the time and place of opera plots, use technology, and are less concerned with what the composer or librettist intended (which we can only guess), the iconographic images create multi valances, textuality similar to Mikhail Bakhtin’s notion of multiplicity of voices. Hence, a plurality of meanings. Plàcido Domingo, the Eli and Edyth Broad General Director of Los Angeles Opera, seeks to take advantage of the company’s proximity to the film industry. This is evidenced by his having engaged Bruce Beresford to direct Rigoletto and William Friedkin to direct Ariadne auf Naxos, Duke Bluebeard’s Castle and Gianni Schicchi. Perhaps the most daring example of Domingo’s approach was convincing Garry Marshall, creator of the television sitcom Happy Days and who directed the films Pretty Woman and The Princess Diaries, to direct Jacques Offenbach’s The Grand Duchess of Gerolstein to open the company’s 20th anniversary season. When asked how Domingo convinced him to direct an opera for the first time, Marshall responded, “he was insistent that one, people think that opera is pretty elitist, and he knew without insulting me that I was not one of the elitists; two, he said that you gotta make a funny opera; we need more comedy in the operetta and opera world.” Marshall rewrote most of the dialogue and performed it in English, but left the “songs” untouched and in the original French. He also developed numerous sight gags and added characters including a dog named Morrie and the composer Jacques Offenbach himself. Did it work? Christie Grimstad wrote, “if you want an evening filled with witty music, kaleidoscopic colors and hilariously good singing, seek out The Grand Duchess. You will not be disappointed.” The FanFaire Website commented on Domingo’s approach of using television and film directors to direct opera: You’ve got to hand it to Plàcido Domingo for having the vision to draw on Hollywood’s vast pool of directorial talent. Certainly something can be gained from the cross-fertilization that could ensue from this sort of interaction between opera and the movies, two forms of entertainment (elitist and perennially struggling for funds vs. popular and, it seems, eternally rich) that in Los Angeles have traditionally lived separate lives on opposite sides of the tracks. A wider audience, for example, never a problem for the movies, can only mean good news for the future of opera. So, did the Marshall Plan work? Purists of course will always want their operas and operettas ‘pure and unadulterated’. But with an audience that seemed to have as much fun as the stellar cast on stage, it sure did. Critic Alan Rich disagrees, calling Marshall “a representative from an alien industry taking on an artistic product, not to create something innovative and interesting, but merely to insult.” Nevertheless, the combination of Hollywood and opera seems to work. The Los Angeles Opera reported that the 2005-2006 season was its best ever: “ticket revenues from the season, which ended in June, exceeded projected figures by nearly US$900,000. Seasonal attendance at the Dorothy Chandler Pavilion stood at more than 86% of the house’s capacity, the largest percentage in the opera’s history.” Domingo continues with the Hollywood connection in the upcoming 2008-2009 season. He has reengaged William Friedkin to direct two of Puccini’s three operas titled collectively as Il Trittico. Friedkin will direct the two tragedies, Il Tabarro and Suor Angelica. Although Friedkin has already directed a production of the third opera in Il Trittico for Los Angeles, the comedy Gianni Schicchi, Domingo convinced Woody Allen to make his operatic directorial debut with this work. This can be viewed as another example of the desire to make opera and popular culture more equal. However, some, like Alan Rich, may see this attempt as merely insulting rather than interesting and innovative. With a top ticket price in Los Angeles of US$238 per seat, opera seems to continue to be elitist. Berger (2005) concurs with this idea and gives his rationale for elitism: there are rich people who support and attend the opera; it is an imported art from Europe that causes some marginalisation; opera is not associated with something being ‘moral,’ a concept engrained in American culture; it is expensive to produce and usually funded by kings, corporations, rich people; and the opera singers are rare –usually one in a million who will have the vocal quality to sing opera arias. Furthermore, Nicholas Kenyon commented in the early 1990s: “there is suspicion that audiences are now paying more and more money for their seats to see more and more money spent on stage” (Kenyon 3). Still, Garry Marshall commented that the budget for The Grand Duchess was US$2 million, while his budget for Runaway Bride was US$72 million. Kenyon warns, “Such popularity for opera may be illusory. The enjoyment of one striking aria does not guarantee the survival of an art form long regarded as over-elitist, over-recondite, and over-priced” (Kenyon 3). A recent development is the Metropolitan Opera’s decision to simulcast live opera performances from the Met stage to various cinemas around the world. These HD transmissions began with the 2006-2007 season when six performances were broadcast. In the 2007-2008 season, the schedule has expanded to eight live Saturday matinee broadcasts plus eight recorded encores broadcast the following day. According to The Los Angeles Times, “the Met’s experiment of merging film with live performance has created a new art form” (Aslup). Whether or not this is a “new art form,” it certainly makes world-class live opera available to countless persons who cannot travel to New York and pay the price for tickets, when they are available. In the US alone, more than 350 cinemas screen these live HD broadcasts from the Met. Top ticket price for these performances at the Met is US$375, while the lowest price is US$27 for seats with only a partial view. Top price for the HD transmissions in participating cinemas is US$22. This experiment with live simulcasts makes opera more affordable and may increase its popularity; combined with updated stagings, opera can engage a much larger audience and hope for even a mass consumption. Is opera moving closer and closer to popular culture? There still seems to be an aura of elitism and snobbery about opera. However, Plàcido Domingo’s attempt to join opera with Hollywood is meant to break the barriers between high and popular culture. The practice of updating opera settings is not confined to Los Angeles. As mentioned earlier, the idea can be traced to post World War II England, and is quite common in Europe. Examples include Erich Wonder’s approach to Wagner’s Ring, making Valhalla, the mythological home of the gods and typically a mountaintop, into the spaceship Valhalla, as well as my own experience with Don Giovanni in Prague and Ariane et Barbe-Bleu in Paris. Indeed, Sutcliffe maintains, “Great classics in all branches of the arts are repeatedly being repackaged for a consumerist world that is increasingly and neurotically self-obsessed” (61). Although new operas are being written and performed, most contemporary performances are of operas by Verdi, Mozart, and Puccini (www.operabase.com). This means that audiences see the same works repeated many times, but in different interpretations. Perhaps this is why Sutcliffe contends, “since the 1970s it is the actual productions that have had the novelty value grabbed by the headlines. Singing no longer predominates” (Sutcliffe 57). If then, as Sutcliffe argues, “operatic fashion through history may be a desire for novelty, new formulas displacing old” (Sutcliffe 65), then the contemporary practice of changing the original settings is simply the latest “new formula” that is replacing the old ones. If there are no new words or new music, then what remains are new methods of performance, hence the practice of changing time and place. Opera is a complex art form that has evolved over the past 400 years and continues to evolve, but will it survive? The underlining motives for directors changing the time and place of opera performances are at least three: for aesthetic/artistic purposes, financial purposes, and to reach an audience from many cultures, who speak different languages, and who have varied tastes. These three reasons are interrelated. In 1996, Sutcliffe wrote that there has been one constant in all the arguments about opera productions during the preceding two decades: “the producer’s wish to relate the works being staged to contemporary circumstances and passions.” Although that sounds like a purely aesthetic reason, making opera relevant to new, multicultural audiences and thereby increasing the bottom line seems very much a part of that aesthetic. It is as true today as it was when Sutcliffe made the observation twelve years ago (60-61). My own speculation is that opera needs to attract various audiences, and it can only do so by appealing to popular culture and engaging new forms of media and technology. Erickson concludes that the number of upper status people who are exclusively faithful to fine arts is declining; high status people consume a variety of culture while the lower status people are limited to what they like. Research in North America, Europe, and Australia, states Erickson, attest to these trends. My answer to the question can stage directors make opera and popular culture “equal” is yes, and they can do it successfully. Perhaps Stanley Sharpless summed it up best: After his Eden triumph, When the Devil played his ace, He wondered what he could do next To irk the human race, So he invented Opera, With many a fiendish grin, To mystify the lowbrows, And take the highbrows in. References The Grand Duchess. 2005. 3 Feb. 2008 < http://www.ffaire.com/Duchess/index.htm >.Aslup, Glenn. “Puccini’s La Boheme: A Live HD Broadcast from the Met.” Central City Blog Opera 7 Apr. 2008. 24 Apr. 2008 < http://www.centralcityopera.org/blog/2008/04/07/puccini%E2%80%99s- la-boheme-a-live-hd-broadcast-from-the-met/ >.Berger, William. Puccini without Excuses. New York: Vintage, 2005.Boorstin, Daniel. The Creators: A History of Heroes of the Imagination. New York: Random House, 1992.Bourdieu, Pierre. Distinction: A Social Critique of the Judgment of Taste. Cambridge: Harvard UP, 1984.Clark, Graham. “Interview with Graham Clark.” The KCSN Opera House, 88.5 FM. 11 Aug. 2006.DiMaggio, Paul. “Cultural Capital and School Success.” American Sociological Review 47 (1982): 189-201.DiMaggio, Paul. “Classification in Art.”_ American Sociological Review_ 52 (1987): 440-55.Elson, C. Louis. “Opera.” Elson’s Music Dictionary. Boston: Oliver Ditson, 1905.Erickson, H. Bonnie. “The Crisis in Culture and Inequality.” In W. Ivey and S. J. Tepper, eds. Engaging Art: The Next Great Transformation of America’s Cultural Life. New York: Routledge, 2007.Fanfaire.com. “At Its 20th Anniversary Celebration, the Los Angeles Opera Had a Ball with The Grand Duchess.” 24 Apr. 2008 < http://www.fanfaire.com/Duchess/index.htm >.Gans, J. Herbert. Popular Culture and High Culture: An Analysis and Evaluation of Taste. New York: Basic Books, 1977.Grimstad, Christie. Concerto Net.com. 2005. 12 Jan. 2008 < http://www.concertonet.com/scripts/review.php?ID_review=3091 >.Grisworld, Wendy. Cultures and Societies in a Changing World. Thousand Oaks, CA: Pine Forge Press, 1994.Grout, D. Jay. A History of Western Music. Shorter ed. New York: W.W. Norton & Company, Inc, 1964.Halle, David. “High and Low Culture.” The Blackwell Encyclopedia of Sociology. London: Blackwell, 2006.Judge, Ian. “Interview with Ian Judge.” The KCSN Opera House, 88.5 FM. 22 Mar. 2006.Harper, Douglas. Online Etymology Dictionary. 2001. 19 Nov. 2006 < http://www.etymonline.com/index.php?search=opera&searchmode=none >.Kenyon, Nicholas. “Introduction.” In A. Holden, N. Kenyon and S. Walsh, eds. The Viking Opera Guide. New York: Penguin, 1993.Lamont, Michele, and Marcel Fournier. Cultivating Differences: Symbolic Boundaries and the Making of Inequality. Chicago: U of Chicago P, 1992.Lord, M.G. “Shlemiel! Shlemozzle! And Cue the Soprano.” The New York Times 4 Sep. 2005.Los Angeles Opera. “LA Opera General Director Placido Domingo Announces Results of Record-Breaking 20th Anniversary Season.” News release. 2006.Marshall, Garry. “Interview with Garry Marshall.” The KCSN Opera House, 88.5 FM. 31 Aug. 2005.National Endowment for the Arts. 2002 Survey of Public Participation in the Arts. Research Division Report #45. 5 Feb. 2008 < http://www.nea.gov/pub/NEASurvey2004.pdf >.NCM Fanthom. “The Metropolitan Opera HD Live.” 2 Feb. 2008 < http://fathomevents.com/details.aspx?seriesid=622&gclid= CLa59NGuspECFQU6awodjiOafA >.Opera Today. James Sobre: Ariane et Barbe-Bleue and Capriccio in Paris – Name This Stage Piece If You Can. 5 Feb. 2008 < http://www.operatoday.com/content/2007/09/ariane_et_barbe_1.php >.Rich, Alan. “High Notes, and Low.” LA Weekly 15 Sep. 2005. 6 May 2008 < http://www.laweekly.com/stage/a-lot-of-night-music/high-notes-and-low/8160/ >.Sharpless, Stanley. “A Song against Opera.” In E. O. Parrott, ed. How to Be Tremendously Tuned in to Opera. New York: Penguin, 1990.Shore, James. Opera Today. 2007. 4 Feb. 2008 < http://www.operatoday.com/content/2007/09/ariane_et_barbe_1.php >.Sutcliffe, Tom. Believing in Opera. Princeton, New Jersey: Princeton UP, 1996.YouTube. “Manon Sex and the Opera.” 24 Apr. 2008 < http://www.youtube.com/watch?v=YiBQhr2Sy0k >.
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Mayo, Sherry. "NXT Space for Visual Thinking." M/C Journal 1, no. 4 (November 1, 1998). http://dx.doi.org/10.5204/mcj.1722.

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"Space, the limitless area in which all things exist and move." -- Merriam-Webster Dictionary(658) Can we determine our point in time and space at this moment of pre-millennium anticipation? The evolution of our visualisation of space as a culture is shifting and entering the critical consciousness of our global village. The infinite expansion of space's parameters, definitions and visualisation remains the next frontier -- not only for NASA, but for visual culture. Benjamin's vision of loss of the aura of originality through reproduction has come to pass, so has the concept of McLuhan's global village, Baudrillard's simulacra, and Gibson's cyberpunk. Recent technologies such as digital imaging, video, 3-D modelling, virtual reality, and the Internet have brought us to the cusp of the millennium as pioneers of what I call this 'NXT space' for visual thinking, for artistic expression. The vision being constructed in pre-millennium culture takes place in an objectless fictionalised space. This virtual reality is a space that is expanding infinitely, as we speak. The vehicle through which access is gained into this layer takes the form of a machine that requires a mind/body split. The viewer probes through the intangible pixels and collects visual data. The data received on this or that layer have the potential to transport the viewer virtually and yield a visceral experience. The new tools for visualisation allow an expanded perception to an altered state of consciousness. The new works cross the boundaries between media, and are the result of virtual trips via the usage of digital imaging. Their aesthetic reflects our digital society in which people maintain extremely intimate relationships with their computers. This new era is populated by a new generation that is inside more than outside, emailing while faxing, speaking on the phone and surfing the Web with MTV on in the background. We have surpassed postmodernist ideas of pluralism and simultaneity and have produced people for whom the digital age is no revolution. Selected colours, forms and spaces refer to the pixelisation of our daily experience. We are really discussing pop for ahistorical youth, who consider virtual reality to be the norm of visualisation via digitally produced ads, movies, TV shows, music videos, video games and the computer. The term "new media" is already antiquated. We are participating in a realm that is fluent with technology, where the visualisation of space is more natural than an idea of objecthood. (At least as long as we're operating in the technology-rich Western world, that is.) The relationship of these virtual spaces with the mass audience is the cause of pre-millennium anxiety. The cool distance of remote control and the ability to remain in an altered state of consciousness are the residual effects of virtual reality. It is this alienated otherness that allows for the atomisation of the universe. We construct artifice for interface, and simulacra have become more familiar than the "real". NXT space, cyberspace, is the most vital space for visual thinking in the 21st century. The malleability and immateriality of the pixel sub-universe has exponential potential. The artists of this future, who will dedicate themselves successfully to dealing with the new parameters of this installation space, will not consider themselves "computer artists". They will be simply artists working with integrated electronic arts. Digital imaging has permeated our lives to such an extent that like Las Vegas "it's the sunsets that look fake as all hell" (Hickey). Venturi depicts the interior of Las Vegas's casinos as infinite dark spaces with lots of lights transmitting information. Cyberspace is a public/private space occupied by a global village, in that it is a public space through its accessibility to anyone with Internet access, and a social space due to the ability to exchange ideas and meet others through dialogue; however, it is also an intimate private space due to its intangibility and the distance between each loner at their terminal. NXT needs a common sign system that is seductive enough to persuade the visitor into entering the site and can act as a navigational tool. People like to return to places that feel familiar and stimulate reverie of past experiences. This requires the visitor to fantasise while navigating through a cybersite and believe that it is an actual place that exists and where they can dwell. Venturi's model of the sign system as paramount to the identification of the actual architecture is perfect for cyberspace, because you are selling the idea or the fiction of the site, not the desert that it really is. Although NXT can not utilise object cathexion to stimulate fantasy and attachment to site, it can breed familiarity through a consistent sign system and a dynamic and interactive social space which would entice frequent revisiting. NXT Space, a home for the other? "Suddenly it becomes possible that there are just others, that we ourselves are an 'other' among others", as Paul Ricoeur said in 1962. If one were to impose Heidegger's thinking in regards to building and dwelling, they would have to reconstruct NXT as a site that would promote dwelling. It would have to be built in a way in which people were not anonymous or random. A chat room or BBS would have to be attached, where people could actively participate with one another within NXT. Once these visitors had other people that they could identify with and repeatedly interact with, they would form a community within the NXT site. Mortals would roam not on earth, nor under the sky, possibly before divinities (who knows), but rather through pixel light and fiber optics without a physical interface between beings. If the goal of mortals is a Heideggerian notion of attachment to a site through building and building's goal is dwelling and dwelling's goal is identification and identification is accomplished through the cultivation of culture, then NXT could be a successful location. NXT could accommodate an interchange between beings that would be free of physiological constraints and identity separations. This is what could be exchanged and exposed in the NXT site without the interference and taint of socio-physio parameters that separate people from one another. A place where everyone without the convenience or burden of identity becomes simply another other. NXT could implement theory in an integral contextual way that could effect critical consciousness and a transformation of society. This site could serve as a theoretical laboratory where people could exchange and experiment within a dialogue. NXT as a test site could push the parameters of cyberspace and otherness in a real and tangible way. This "cyber-factory" would be interactive and analytical. The fictional simulated world is becoming our reality and cyberspace is becoming a more reasonable parallel to life. Travelling through time and space seems more attainable than ever before through the Internet. Net surfing is zipping through the Louvre, trifling through the Grand Canyon and then checking your horoscope. People are becoming used to this ability and the abstract is becoming more tangible to the masses. As techno-literacy and access increase, so should practical application of abstract theory. NXT would escape reification of theory through dynamic accessibility. The virtual factory could be a Voltaire's cafe of cyber-thinkers charting the critical consciousness and evolution of our Web-linked world. Although ultimately in the West we do exist within a capitalist system where every good thought leaks out to the masses and becomes popular, popularity creates fashion, fashion is fetishistic, thereby desirable, and accumulates monetary value. Market power depoliticises original content and enables an idea to become dogma; another trophy in the cultural hall of fame. Ideas do die, but in another time and place can be resurrected and utilised as a template for counter-reaction. This is analogous to genetic evolution -- DNA makes RNA which makes retro-DNA, etc. --, and the helix spirals on, making reification an organic process. However, will cyberspace ever be instrumental in transforming society in the next century? Access is the largest inhibitor. Privileged technophiles often forget that they are in the minority. How do we become more inclusive and expand the dialogue to encompass the infinite number of different voices on our planet? NXT space is limited to a relatively small number of individuals with the ability to afford and gain access to high-tech equipment. This will continue the existing socio-economic imbalance that restricts our critical consciousness. Without developing the Internet into the NXT space, we will be tremendously bothered by ISPs, with data transfer control and content police. My fear for the global village, surfing through our virtual landscape, is that we will all skid off this swiftly tilting planet. The addiction to the Net and to simulated experiences will subject us to remote control. The inundation of commercialism bombarding the spectator was inevitable, and subsequently there are fewer innovative sites pushing the boundaries of experimentation with this medium. Pre-millennium anxiety is abundant in technophobes, but as a technophile I too am afflicted. My fantasy of a NXT space is dwindling as the clock ticks towards the Y2K problem and a new niche for community and social construction has already been out-competed. If only we could imagine all the people living in the NXT space with its potential for tolerance, dialogue, and community. References Bachelard, Gaston. The Poetics of Space: The Classic Look at How We Experience Intimate Places. Boston, MA: Beacon, 1994. Benjamin, Walter. Illuminations. New York: Schocken, 1978. Gibson, William. Neuromancer. San Francisco: Ace Books, 1984. Heidegger, Martin. The Question Concerning Technology, and Other Essays. Trans. William Lovitt. New York: Garland, 1977. Hickey, David. Air Guitar: Four Essays on Art and Democracy. Los Angeles: Art Issues, 1997. Koch, Stephen. Stargazer: Andy Warhol's World and His Films. London: Calder and Boyars, 1973. McLuhan, Marshall. Understanding Media: The Extensions of Man. Cambridge, MA: MIT Press, 1994. The Merriam-Webster Dictionary. Springfield, MA: G.&.C. Merriam, 1974. Venturi, Robert. Learning from Las Vegas: The Forgotten Symbolism of Architectual Form. Cambridge, MA: MIT Press, 1977. Citation reference for this article MLA style: Sherry Mayo. "NXT Space for Visual Thinking: An Experimental Cyberlab." M/C: A Journal of Media and Culture 1.4 (1998). [your date of access] <http://www.uq.edu.au/mc/9811/nxt.php>. Chicago style: Sherry Mayo, "NXT Space for Visual Thinking: An Experimental Cyberlab," M/C: A Journal of Media and Culture 1, no. 4 (1998), <http://www.uq.edu.au/mc/9811/nxt.php> ([your date of access]). APA style: Sherry Mayo. (1998) NXT space for visual thinking: an experimental cyberlab. M/C: A Journal of Media and Culture 1(4). <http://www.uq.edu.au/mc/9811/nxt.php> ([your date of access]).
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12

Loit, Silver. "Välisministeeriumi protokolliteenistus (1918–40): kujunemine ja kujundajad." Ajalooline Ajakiri. The Estonian Historical Journal 179, no. 1 (December 30, 2022). http://dx.doi.org/10.12697/aa.2022.1.05.

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The emergence of diplomatic protocol service within the structure of the Ministry of Foreign Affairs (MFA) of Estonia (1918–40) is a subject that has hitherto not been researched. This is illustrated by the fact that even the complete list of chiefs of protocol (chef du protocole) of the MFA of Estonia has been missing until now. The strengthening of Estonia’s statehood by its international recognition, the accreditation of foreign envoys, and the first state visits brought about the need for a thorough understanding of all nuances of diplomatic protocol and ceremonial. Nevertheless, the office of a separate chief of protocol was created in the structure of the MFA of Estonia only according to the new Foreign Service Act, decreed by the Head of State Konstantin Päts on 13 March 1936; i.e. more than 18 years after the declaration of Estonia’s independence. Prior to 1936, the functions of protocol officers were usually fulfilled by the head of the MFA’s administrative or political department. This article focuses on three core issues: 1) who were the chiefs of protocol? 2) their functions and how diplomatic protocol was regulated in the MFA; 3) the reason why a separate office of the chief of protocol was not created earlier than 1936. The key source for this research is the MFA collection in the Estonian National Archives (RA, ERA.957). There are no clear sources regarding the functions of the chief of protocol before 1922. The field was most probably shaped and shared by several officials, including the head of the political department Hermann Karl Hellat (1872–1953) and William Tomingas (1895–1972), the junior private secretary of Foreign Minister Jaan Tõnisson (1868–1941?). Everything connected to international practices was probably influenced by the most experienced diplomats of the young state, namely the members of Estonia’s foreign delegation, which had already been created in 1917. Another major influence was Foreign Minister Jaan Poska (1866–1920), who as a former mayor of Tallinn, the former governor of the autonomous Governorate of Estonia, and the head of Estonia’s delegation at the peace talks with Soviet Russia, had extensive experience in protocol-related matters. Hans Johannes (Johan) Ernst Markus (1884–1969) can be deemed the first chief of protocol to be mentioned in the hitherto known sources of the MFA. According to an MFA report to the Estonian government from July of 1922, Markus was the head of the MFA’s Western political department and performed the duties of ‘master of ceremonies’ as well. In January of 1923, Markus was appointed head of the MFA’s administrative department. He remained in this office until April of 1927, coordinating the state visits of the President of Latvia Jānis Čakste (February of 1924), the Secretary General of the League of Nations Eric Drummond (February of 1924), and the President of Finland Lauri Kristian Relander (May of 1925), as well as the state visits of Estonia’s Head of State, the presentation of credentials, and day-to-day work regarding diplomatic privileges and immunities. Since the chief of protocol was responsible for organising ceremonies connected to the Head of State (Riigivanem), Markus could be considered not only as a coordinator of the MFA’s protocol matters, but as the chief of state protocol. Markus certainly did not work alone. He could rely on the administrative department and basically the whole MFA in fulfilling his functions, while also counting on the support of the aide-de-camp to the Head of State. Nevertheless, it was Markus who laid the ’cornerstone’ for the best practices that could be systematised and used by his successors. In April of 1927, the functions of the chief of protocol were taken over by Johan Leppik (1894–1965), the former Envoy to Poland and Romania, and Chargé d’Affaires in Czechoslovakia. In August of 1927, Leppik was appointed head of the MFA’s political department. According to the MFA’s working arrangement, Leppik retained the functions of chef du protocole in his new office starting from January of 1928. Since the grand, first-ever state visit of a monarch to Estonia, by King Gustaf V of Sweden in June of 1929, and the visit of the President of Poland Ignacy Mościcki in August of 1930 (which were preceded by the state visits of Estonia’s Head of State to those countries) required extensive preparations, Leppik could rely on the work of his subordinate, the head of the political bureau and deputy chief of protocol Elmar-Johann Kirotar (1899–1985). In June of 1931, Leppik was succeeded by the director of the bureau of law Artur Haman (Tuldava) (1897–1942) in his office as chief of protocol. Haman (Tuldava) put great effort into systematising existing practices related to protocol (incl. Presentation of credentials, and receptions) into a comprehensive compendium, which has been preserved to this day. The efficient work of Kirotar and Tuldava was probably noted by Estonia’s leadership, since once the separaate office of the chief of protocol had been created within the structure of the MFA, the position was filled first by Kirotar (1936–9) and then by Tuldava (1939–40). The quest for stability was most probably connected to the strong presidential power that shaped Estonia’s political life in the latter half of the 1930s. The personal influence of the head of state became more important in filling high-ranking positions in the state structure. According to the Foreign Service Act adopted by Parliament (Riigikogu) on 30 May 1930, departmental directors were appointed by the Foreign Minister. The Foreign Service Act decreed by the Head of State on 13 March 1936 changed this procedure. According to the latter, departmental directors (incl. the chief of protocol) were appointed and dismissed by the Head of State (upon taking into consideration proposals from the Foreign Minister). There is no clear answer to the question of why there was no separate office of the chief of protocol in the 1920s, since these functions needed to be fulfilled anyway. This was most probably connected to budgetary restrictions i.e. the need to avoid all kinds of ’unnecessary’ expenses. In the 1930s, the director of the administrative department Jaan Mölder (1880–1942, in office 1935–6) and the head of the consular bureau August Koern (1900–89, in office 1936) also briefly fulfilled the functions of the chief of protocol. The latter was especially involved in systematising the rules and regulations of diplomatic practices. Like his predecessors and successors, he sent numerous inquiries to Estonia’s representations abroad to collect information on matters connected to privileges and immunities, decorations, preseance, organisation of state funerals, etc. According to sources at the Estonian National Archives, Estonia’s MFA collected information on international diplomatic practice everywhere that it was represented by its missions abroad. Already during the first years of Estonia’s independence, the MFA possessed the popular Guide to Diplomatic Practice by Sir Ernest Mason Satow (first issued in 1917) and several protocol-related compendiums from Finland, the United States of America, Great Britain, etc. It can be concluded that without a rich heritage of diplomatic practice of its own, Estonia was quickly able to successfully adapt to the international environment in matters of diplomatic protocol.
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McGillivray, Glen. "Nature Transformed: English Landscape Gardens and Theatrum Mundi." M/C Journal 19, no. 4 (August 31, 2016). http://dx.doi.org/10.5204/mcj.1146.

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IntroductionThe European will to modify the natural world emerged through English landscape design during the eighteenth century. Released from the neo-classical aesthetic dichotomy of the beautiful and the ugly, new categories of the picturesque and the sublime gestured towards an affective relationship to nature. Europeans began to see the world as a picture, the elements of which were composed as though part of a theatrical scene. Quite literally, as I shall discuss below, gardens were “composed with ‘pantomimic’ elements – ruins of castles and towers, rough hewn bridges, Chinese pagodas and their like” (McGillivray 134–35) transforming natural vistas into theatrical scenes. Such a transformation was made possible by a habit of spectating that was informed by the theatrical metaphor or theatrum mundi, one version of which emphasised the relationship between spectator and the thing seen. The idea of the natural world as an aesthetic object first developed in poetry and painting and then through English landscape garden style was wrought in three dimensions on the land itself. From representations of place a theatrical transformation occurred so that gardens became a places of representation.“The Genius of the Place in All”The eighteenth century inherited theatrum mundi from the Renaissance, although the genealogy of its key features date back to ancient times. Broadly speaking, theatrum mundi was a metaphorical expression of the world and humanity in two ways: dramaturgically and formally. During the Renaissance the dramaturgical metaphor was a moral emblem concerned with the contingency of human life; as Shakespeare famously wrote, “men and women [were] merely players” whose lives consisted of “seven ages” or “acts” (2.7.139–65). In contrast to the dramaturgical metaphor with its emphasis on role-playing humanity, the formalist version highlighted a relationship between spectator, theatre-space and spectacle. Rooted in Renaissance neo-Platonism, the formalist metaphor configured the world as a spectacle and “Man” its spectator. If the dramaturgical metaphor was inflected with medieval moral pessimism, the formalist metaphor was more optimistic.The neo-Platonist spectator searched in the world for a divine plan or grand design and spectatorship became an epistemological challenge. As a seer and a knower on the world stage, the human being became the one who thought about the world not just as a theatre but also through theatre. This is apparent in the etymology of “theatre” from the Greek theatron, or “seeing place,” but the word also shares a stem with “theory”: theaomai or “to look at.” In a graceful compression of both roots, Martin Heidegger suggests a “theatre” might be any “seeing place” in which any thing being beheld offers itself to careful scrutiny by the beholder (163–65). By the eighteenth century, the ancient idea of a seeing-knowing place coalesced with the new empirical method and aesthetic sensibility: the world was out there, so to speak, to provide pleasure and instruction.Joseph Addison, among others, in the first half of the century reconsidered the utilitarian appeal of the natural world and proposed it as the model for artistic inspiration and appreciation. In “Pleasures of the Imagination,” a series of essays in The Spectator published in 1712, Addison claimed that “there is something more bold and masterly in the rough careless strokes of nature, than in the nice touches and embellishments of art,” and compared to the beauty of an ordered garden, “the sight wanders up and down without confinement” the “wide fields of nature” and is “fed with an infinite variety of images, without any certain stint or number” (67).Yet art still had a role because, Addison argues, although “wild scenes [. . .] are more delightful than any artificial shows” the pleasure of nature increases the more it begins to resemble art; the mind experiences the “double” pleasure of comparing nature’s original beauty with its copy (68). This is why “we take delight in a prospect which is well laid out, and diversified, with fields and meadows, woods and rivers” (68); a carefully designed estate can be both profitable and beautiful and “a man might make a pretty landskip of his own possessions” (69). Although nature should always be one’s guide, nonetheless, with some small “improvements” it was possible to transform an estate into a landscape picture. Nearly twenty years later in response to the neo-Palladian architectural ambitions of Richard Boyle, the third Earl of Burlington, and with a similarly pictorial eye to nature, Alexander Pope advised:To build, to plant, whatever you intend,To rear the Column, or the Arch to bend,To swell the Terras, or to sink the Grot;In all, let Nature never be forgot.But treat the Goddess like a modest fair,Nor over-dress, nor leave her wholly bare;Let not each beauty ev’ry where be spy’d,Where half the skill is decently to hide.He gains all points, who pleasingly confounds,Surprizes, varies, and conceals the Bounds.Consult the Genius of the Place in all;That tells the Waters or to rise, or fall,Or helps th’ ambitious Hill the heav’ns to scale,Or scoops in circling theatres the Vale,Calls in the Country, catches opening glades, Joins willing woods, and varies shades from shades,Now breaks or now directs, th’ intending Lines;Paints as you plant, and, as you work, designs. (Epistle IV, ll 47–64) Whereas Addison still gestured towards estate management, Pope explicitly advocated a painterly approach to garden design. His epistle articulated some key principles that he enacted in his own garden at Twickenham and which would inform later garden design. No matter what one added to a landscape, one needed to be guided by nature; one should be moderate in one’s designs and neither plant too much nor too little; one must be aware of the spectator’s journey through the garden and take care to provide variety by creating “surprises” that would be revealed at different points. Finally, one had to find the “spirit” of the place that gave it its distinct character and use this to create the cohesion in diversity that was aspired to in a garden. Nature’s aestheticisation had begun with poetry, developed into painting, and was now enacted on actual natural environments with the emergence of English landscape style. This painterly approach to gardening demanded an imaginative, emotional, and intellectual engagement with place and it stylistically rejected the neo-classical geometry and regularity of the baroque garden (exemplified by Le Nôtre’s gardens at Versailles). Experiencing landscape now took on a third dimension as wealthy landowners and their friends put themselves within the picture frame and into the scene. Although landscape style changed during the century, a number of principles remained more or less consistent: the garden should be modelled on nature but “improved,” any improvements should not be obvious, pictorial composition should be observed, the garden should be concerned with the spectator’s experience and should aim to provoke an imaginative or emotional engagement with it. During the seventeenth century, developments in theatrical technology, particularly the emergence of the proscenium arch theatre with moveable scenery, showed that poetry and painting could be spectacularly combined on the stage. Later in the eighteenth century the artist and stage designer Philippe Jacques de Loutherbourg combined picturesque painting aesthetics with theatrical design in works such as The Wonders of Derbyshire in 1779 (McGillivray 136). It was a short step to shift the onstage scene outside. Theatricality was invoked when pictorial principles were applied three dimensionally; gardens became sites for pastoral genre scenes that ambiguously positioned their visitors both as spectators and actors. Theatrical SceneryGardens and theatres were explicitly connected. Like “theatre,” the word “garden” was sometimes used to describe a collection, in book form, which promised “a whole world of items” which was not always “redeemable” in “straightforward ways” (Hunt, Gardens 54–55). Theatrum mundi could be emblematically expressed in a garden through statues and architectural fabriques which drew spectators into complex chains of associations involving literature, art, and society, as they progressed through it.In the previous century, writes John Dixon Hunt, “the expectation of a fine garden [. . .] was that it work upon its visitor, involving him [sic] often insidiously as a participant in its dramas, which were presented to him as he explored its spaces by a variety of statues, inscriptions and [. . .] hydraulically controlled automata” (Gardens 54). Such devices, which featured heavily in the Italian baroque garden, were by the mid eighteenth century seen by English and French garden theorists to be overly contrived. Nonetheless, as David Marshall argues, “eighteenth-century garden design is famous for its excesses [. . .] the picturesque garden may have aimed to be less theatrical, but it aimed no less to be theater” (38). Such gardens still required their visitors’ participation and were designed to deliver an experience that stimulated the spectators’ imaginations and emotions as they moved through them. Theatrum mundi is implicit in eighteenth-century gardens through a common idea of the world reimagined into four geographical quadrants emblematically represented by fabriques in the garden. The model here is Alexander Pope’s influential poem, “The Temple of Fame” (1715), which depicted the eponymous temple with four different geographic faces: its western face was represented by western classical architecture, its east face by Chinese, Persian, and Assyrian, its north was Gothic and Celtic, and its south, Egyptian. These tropes make their appearance in eighteenth-century landscape gardens. In Désert de Retz, a garden created between 1774 and 1789 by François Racine de Monville, about twenty kilometres west of Paris, one can still see amongst its remaining fabriques: a ruined “gothic” church, a “Tartar” tent (it used to have a Chinese maison, now lost), a pyramid, and the classically inspired Temple of Pan. Similar principles underpin the design of Jardin (now Parc) Monceau that I discuss below. Retz: Figure 1. Tartar tent.Figure 2. Temple of PanStowe Gardens in Buckinghamshire has a similar array of structures (although the classical predominates) including its original Chinese pavillion. It, too, once featured a pyramid designed by the architect and playwright John Vanbrugh, and erected as a memorial to him after his death in 1726. On it was carved a quote from Horace that explicitly referenced the dramaturgical version of theatrum mundi: You have played, eaten enough and drunk enough,Now is time to leave the stage for younger men. (Garnett 19) Stowe’s Elysian Fields, designed by William Kent in the 1730s according to picturesque principles, offered its visitor two narrative choices, to take the Path of Virtue or the Path of Vice, just like a re-imagined morality play. As visitors progressed along their chosen paths they would encounter various fabriques and statues, some carved with inscriptions in either Latin or English, like the Vanbrugh pyramid, that would encourage associations between the ancient world and the contemporary world of the garden’s owner Richard Temple, Lord Cobham, and his circle. Stowe: Figure 3. Chinese Pavillion.Figure 4. Temple of VirtueKent’s background was as a painter and scene designer and he brought a theatrical sensibility to his designs; as Hunt writes, Kent particularly enjoyed designing “recessions into woodland space where ‘wings’ [were] created” (Picturesque 29). Importantly, Kent’s garden drawings reveal his awareness of gardens as “theatrical scenes for human action and interaction, where the premium is upon more personal experiences” and it this spatial dimension that was opened up at Stowe (Picturesque 30).Picturesque garden design emphasised pictorial composition that was similar to stage design and because a garden, like a stage, was a three-dimensional place for human action, it could also function as a set for that action. Unlike a painting, a garden was experiential and time-based and a visitor to it had an experience not unlike, to cautiously use an anachronism, a contemporary promenade performance. The habit of imaginatively wandering through a theatre in book-form, moving associatively from one item to the next, trying to discern the author’s pattern or structure, was one educated Europeans were used to, and a garden provided an embodied dimension to this activity. We can see how this might have been by visiting Parc Monceau in Paris which still contains remnants of the garden designed by Louis Carrogis (known as Carmontelle) for the Duc de Chartres in the 1770s. Carmontelle, like Kent, had a theatrical background and his primary role was as head of entertainments for the Orléans family; as such he was responsible for designing and writing plays for the family’s private theatricals (Hays 449). According to Hunt, Carmontelle intended visitors to Jardin de Monceau to take a specific itinerary through its “quantity of curious things”:Visitors entered by a Chinese gateway, next door to a gothic building that served as a chemical laboratory, and passed through greenhouses and coloured pavilions. Upon pressing a button, a mirrored wall opened into a winter garden painted with trompe-l’œil trees, floored with red sand, filled with exotic plants, and containing at its far end a grotto in which supper parties were held while music was played in the chamber above. Outside was a farm. Then there followed a series of exotic “locations”: a Temple of Mars, a winding river with an island of rocks and a Dutch mill, a dairy, two flower gardens, a Turkish tent poised, minaret-like, above an icehouse, a grove of tombs [. . .], and an Italian vineyard with a classical Bacchus at its center, regularly laid out to contrast with an irregular wood that succeeded it. The final stretches of the itinerary included a Naumachia or Roman water-theatre [. . .], more Turkish and Chinese effects, a ruined castle, yet another water-mill, and an island on which sheep grazed. (Picturesque 121) Monceau: Figure 5. Naumachia.Figure 6. PyramidIn its presentation of a multitude of different times and different places one can trace a line of descent from Jardin de Monceau to the great nineteenth-century World Expos and on to Disneyland. This lineage is not as trite as it seems once we realise that Carmontelle himself intended the garden to represent “all times and all places” and Pope’s four quadrants of the world were represented by fabriques at Monceau (Picturesque 121). As Jardin de Monceau reveals, gardens were also sites for smaller performative interventions such as the popular fêtes champêtres, garden parties in which the participants ate, drank, danced, played music, and acted in comedies. Role playing and masquerade were an important part of the fêtes as we see, for example, in Jean-Antoine Watteau’s Fêtes Vénitiennes (1718–19) where a “Moorishly” attired man addresses (or is dancing with) a young woman before an audience of young men and women, lolling around a fabrique (Watteau). Scenic design in the theatre inspired garden designs and gardens “featured prominently as dramatic locations in intermezzi, operas, and plays”, an exchange that encouraged visitors to gardens to see themselves as performers as much as spectators (Hunt, Gardens 64). A garden, particularly within the liminal aegis of a fête was a site for deceptions, tricks, ruses and revelations, assignations and seductions, all activities which were inherently theatrical; in such a garden visitors could find themselves acting in or watching a comedy or drama of their own devising. Marie-Antoinette built English gardens and a rural “hamlet” at Versailles. She and her intimate circle would retire to rustic cottages, which belied the opulence of their interiors, and dressed in white muslin dresses and straw hats, would play at being dairy maids, milking cows (pre-cleaned by the servants) into fine porcelain buckets (Martin 3). Just as the queen acted in pastoral operas in her theatre in the grounds of the Petit Trianon, her hamlet provided an opportunity for her to “live” a pastoral fantasy. Similarly, François Racine de Monville, who commissioned Désert de Retz, was a talented harpist and flautist and his Temple of Pan was, appropriately, a music room.Versailles: Figure 7. Hamlet ConclusionRichard Steele, Addison’s friend and co-founder of The Spectator, casually invoked theatrum mundi when he wrote in 1720: “the World and the Stage [. . .] have been ten thousand times observed to be the Pictures of one another” (51). Steele’s reiteration of a Renaissance commonplace revealed a different emphasis, an emphasis on the metaphor’s spatial and spectacular elements. Although Steele reasserts the idea that the world and stage resemble each other, he does so through a third level of abstraction: it is as pictures that they have an affinity. World and stage are both positioned for the observer within complementary picture frames and it is as pictures that he or she is invited to make sense of them. The formalist version of theatrum mundi invokes a spectator beholding the world for his (usually!) pleasure and in the process nature itself is transformed. No longer were natural landscapes wildernesses to be tamed and economically exploited, but could become gardens rendered into scenes for their aristocratic owners’ pleasure. Désert de Retz, as its name suggests, was an artfully composed wilderness, a version of the natural world sculpted into scenery. Theatrum mundi, through the aesthetic category of the picturesque, emerged in English landscape style and effected a theatricalised transformation of nature that was enacted in the aristocratic gardens of Europe.ReferencesAddison, Joseph. The Spectator. No. 414 (25 June 1712): 67–70. Eighteenth Century Collections Online.Garnett, Oliver. Stowe. Buckinghamshire. The National Trust, 2011.Hays, David. “Carmontelle's Design for the Jardin de Monceau: A Freemasonic Garden in Late-Eighteenth-Century France.” Eighteenth-Century Studies 32.4 (1999): 447–62.Heidegger, Martin. The Question Concerning Technology and Other Essays. Trans. William Lovitt. New York: Harper and Row, 1977.Hunt, John Dixon. Gardens and the Picturesque: Studies in the History of Landscape Architecture. Cambridge, Massachusetts: MIT Press, 1992.———. The Picturesque Garden in Europe. London: Thames and Hudson, 2002.Marshall, David. The Frame of Art. Fictions of Aesthetic Experience, 1750–1815. Baltimore: Johns Hopkins UP, 2005.Martin, Meredith S. Dairy Queens: The Politics of Pastoral Architecture from Catherine de' Medici to Marie-Antoinette. Harvard: Harvard UP, 2011.McGillivray, Glen. "The Picturesque World Stage." Performance Research 13.4 (2008): 127–39.Pope, Alexander. “Epistle IV. To Richard Boyle, Earl of Burlington.” Epistles to Several Persons. London, 1744. Eighteenth Century Collections Online.———. The Temple of Fame: A Vision. By Mr. Pope. 2nd ed. London, 1715. Eighteenth Century Collections Online. Shakespeare, William. As You Like It. Ed. Agnes Latham. London: Routledge, 1991.Steele, Richard. The Theatre. No. 7 (23 January 1720).
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Collins, Steve. "Recovering Fair Use." M/C Journal 11, no. 6 (November 28, 2008). http://dx.doi.org/10.5204/mcj.105.

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IntroductionThe Internet (especially in the so-called Web 2.0 phase), digital media and file-sharing networks have thrust copyright law under public scrutiny, provoking discourses questioning what is fair in the digital age. Accessible hardware and software has led to prosumerism – creativity blending media consumption with media production to create new works that are freely disseminated online via popular video-sharing Web sites such as YouTube or genre specific music sites like GYBO (“Get Your Bootleg On”) amongst many others. The term “prosumer” is older than the Web, and the conceptual convergence of producer and consumer roles is certainly not new, for “at electric speeds the consumer becomes producer as the public becomes participant role player” (McLuhan 4). Similarly, Toffler’s “Third Wave” challenges “old power relationships” and promises to “heal the historic breach between producer and consumer, giving rise to the ‘prosumer’ economics” (27). Prosumption blurs the traditionally separate consumer and producer creating a new creative era of mass customisation of artefacts culled from the (copyrighted) media landscape (Tapscott 62-3). Simultaneously, corporate interests dependent upon the protections provided by copyright law lobby for augmented rights and actively defend their intellectual property through law suits, takedown notices and technological reinforcement. Despite a lack demonstrable economic harm in many cases, the propertarian approach is winning and frequently leading to absurd results (Collins).The balance between private and public interests in creative works is facilitated by the doctrine of fair use (as codified in the United States Copyright Act 1976, section 107). The majority of copyright laws contain “fair” exceptions to claims of infringement, but fair use is characterised by a flexible, open-ended approach that allows the law to flex with the times. Until recently the defence was unique to the U.S., but on 2 January Israel amended its copyright laws to include a fair use defence. (For an overview of the new Israeli fair use exception, see Efroni.) Despite its flexibility, fair use has been systematically eroded by ever encroaching copyrights. This paper argues that copyright enforcement has spun out of control and the raison d’être of the law has shifted from being “an engine of free expression” (Harper & Row, Publishers, Inc. v. Nation Enterprises 471 U.S. 539, 558 (1985)) towards a “legal regime for intellectual property that increasingly looks like the law of real property, or more properly an idealized construct of that law, one in which courts seeks out and punish virtually any use of an intellectual property right by another” (Lemley 1032). Although the copyright landscape appears bleak, two recent cases suggest that fair use has not fallen by the wayside and may well recover. This paper situates fair use as an essential legal and cultural mechanism for optimising creative expression.A Brief History of CopyrightThe law of copyright extends back to eighteenth century England when the Statute of Anne (1710) was enacted. Whilst the length of this paper precludes an in depth analysis of the law and its export to the U.S., it is important to stress the goals of copyright. “Copyright in the American tradition was not meant to be a “property right” as the public generally understands property. It was originally a narrow federal policy that granted a limited trade monopoly in exchange for universal use and access” (Vaidhyanathan 11). Copyright was designed as a right limited in scope and duration to ensure that culturally important creative works were not the victims of monopolies and were free (as later mandated in the U.S. Constitution) “to promote the progress.” During the 18th century English copyright discourse Lord Camden warned against propertarian approaches lest “all our learning will be locked up in the hands of the Tonsons and the Lintons of the age, who will set what price upon it their avarice chooses to demand, till the public become as much their slaves, as their own hackney compilers are” (Donaldson v. Becket 17 Cobbett Parliamentary History, col. 1000). Camden’s sentiments found favour in subsequent years with members of the North American judiciary reiterating that copyright was a limited right in the interests of society—the law’s primary beneficiary (see for example, Wheaton v. Peters 33 US 591 [1834]; Fox Film Corporation v. Doyal 286 US 123 [1932]; US v. Paramount Pictures 334 US 131 [1948]; Mazer v. Stein 347 US 201, 219 [1954]; Twentieth Century Music Corp. v. Aitken 422 U.S. 151 [1975]; Aronson v. Quick Point Pencil Co. 440 US 257 [1979]; Dowling v. United States 473 US 207 [1985]; Harper & Row, Publishers, Inc. v. Nation Enterprises 471 U.S. 539 [1985]; Luther R. Campbell a.k.a. Luke Skyywalker, et al. v. Acuff-Rose Music, Inc. 510 U.S 569 [1994]). Putting the “Fair” in Fair UseIn Folsom v. Marsh 9 F. Cas. 342 (C.C.D. Mass. 1841) (No. 4,901) Justice Storey formulated the modern shape of fair use from a wealth of case law extending back to 1740 and across the Atlantic. Over the course of one hundred years the English judiciary developed a relatively cohesive set of principles governing the use of a first author’s work by a subsequent author without consent. Storey’s synthesis of these principles proved so comprehensive that later English courts would look to his decision for guidance (Scott v. Stanford L.R. 3 Eq. 718, 722 (1867)). Patry explains fair use as integral to the social utility of copyright to “encourage. . . learned men to compose and write useful books” by allowing a second author to use, under certain circumstances, a portion of a prior author’s work, where the second author would himself produce a work promoting the goals of copyright (Patry 4-5).Fair use is a safety valve on copyright law to prevent oppressive monopolies, but some scholars suggest that fair use is less a defence and more a right that subordinates copyrights. Lange and Lange Anderson argue that the doctrine is not fundamentally about copyright or a system of property, but is rather concerned with the recognition of the public domain and its preservation from the ever encroaching advances of copyright (2001). Fair use should not be understood as subordinate to the exclusive rights of copyright owners. Rather, as Lange and Lange Anderson claim, the doctrine should stand in the superior position: the complete spectrum of ownership through copyright can only be determined pursuant to a consideration of what is required by fair use (Lange and Lange Anderson 19). The language of section 107 suggests that fair use is not subordinate to the bundle of rights enjoyed by copyright ownership: “Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work . . . is not an infringement of copyright” (Copyright Act 1976, s.107). Fair use is not merely about the marketplace for copyright works; it is concerned with what Weinreb refers to as “a community’s established practices and understandings” (1151-2). This argument boldly suggests that judicial application of fair use has consistently erred through subordinating the doctrine to copyright and considering simply the effect of the appropriation on the market place for the original work.The emphasis on economic factors has led courts to sympathise with copyright owners leading to a propertarian or Blackstonian approach to copyright (Collins; Travis) propagating the myth that any use of copyrighted materials must be licensed. Law and media reports alike are potted with examples. For example, in Bridgeport Music, Inc., et al v. Dimension Films et al 383 F. 3d 400 (6th Cir. 2004) a Sixth Circuit Court of Appeals held that the transformative use of a three-note guitar sample infringed copyrights and that musicians must obtain licence from copyright owners for every appropriated audio fragment regardless of duration or recognisability. Similarly, in 2006 Christopher Knight self-produced a one-minute television advertisement to support his campaign to be elected to the board of education for Rockingham County, North Carolina. As a fan of Star Wars, Knight used a makeshift Death Star and lightsaber in his clip, capitalising on the imagery of the Jedi Knight opposing the oppressive regime of the Empire to protect the people. According to an interview in The Register the advertisement was well received by local audiences prompting Knight to upload it to his YouTube channel. Several months later, Knight’s clip appeared on Web Junk 2.0, a cable show broadcast by VH1, a channel owned by media conglomerate Viacom. Although his permission was not sought, Knight was pleased with the exposure, after all “how often does a local school board ad wind up on VH1?” (Metz). Uploading the segment of Web Junk 2.0 featuring the advertisement to YouTube, however, led Viacom to quickly issue a take-down notice citing copyright infringement. Knight expressed his confusion at the apparent unfairness of the situation: “Viacom says that I can’t use my clip showing my commercial, claiming copy infringement? As we say in the South, that’s ass-backwards” (Metz).The current state of copyright law is, as Patry says, “depressing”:We are well past the healthy dose stage and into the serious illness stage ... things are getting worse, not better. Copyright law has abandoned its reason for being: to encourage learning and the creation of new works. Instead, its principal functions now are to preserve existing failed business models, to suppress new business models and technologies, and to obtain, if possible, enormous windfall profits from activity that not only causes no harm, but which is beneficial to copyright owners. Like Humpty-Dumpty, the copyright law we used to know can never be put back together.The erosion of fair use by encroaching private interests represented by copyrights has led to strong critiques leveled at the judiciary and legislators by Lessig, McLeod and Vaidhyanathan. “Free culture” proponents warn that an overly strict copyright regime unbalanced by an equally prevalent fair use doctrine is dangerous to creativity, innovation, culture and democracy. After all, “few, if any, things ... are strictly original throughout. Every book in literature, science and art, borrows, and must necessarily borrow, and use much which was well known and used before. No man creates a new language for himself, at least if he be a wise man, in writing a book. He contents himself with the use of language already known and used and understood by others” (Emerson v. Davis, 8 F. Cas. 615, 619 (No. 4,436) (CCD Mass. 1845), qted in Campbell v. Acuff-Rose, 62 U.S.L.W. at 4171 (1994)). The rise of the Web 2.0 phase with its emphasis on end-user created content has led to an unrelenting wave of creativity, and much of it incorporates or “mashes up” copyright material. As Negativland observes, free appropriation is “inevitable when a population bombarded with electronic media meets the hardware [and software] that encourages them to capture it” and creatively express themselves through appropriated media forms (251). The current state of copyright and fair use is bleak, but not beyond recovery. Two recent cases suggest a resurgence of the ideology underpinning the doctrine of fair use and the role played by copyright.Let’s Go CrazyIn “Let’s Go Crazy #1” on YouTube, Holden Lenz (then eighteen months old) is caught bopping to a barely recognizable recording of Prince’s “Let’s Go Crazy” in his mother’s Pennsylvanian kitchen. The twenty-nine second long video was viewed a mere twenty-eight times by family and friends before Stephanie Lenz received an email from YouTube informing her of its compliance with a Digital Millennium Copyright Act (DMCA) take-down notice issued by Universal, copyright owners of Prince’s recording (McDonald). Lenz has since filed a counterclaim against Universal and YouTube has reinstated the video. Ironically, the media exposure surrounding Lenz’s situation has led to the video being viewed 633,560 times at the time of writing. Comments associated with the video indicate a less than reverential opinion of Prince and Universal and support the fairness of using the song. On 8 Aug. 2008 a Californian District Court denied Universal’s motion to dismiss Lenz’s counterclaim. The question at the centre of the court judgment was whether copyright owners should consider “the fair use doctrine in formulating a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” The court ultimately found in favour of Lenz and also reaffirmed the position of fair use in relation to copyright. Universal rested its argument on two key points. First, that copyright owners cannot be expected to consider fair use prior to issuing takedown notices because fair use is a defence, invoked after the act rather than a use authorized by the copyright owner or the law. Second, because the DMCA does not mention fair use, then there should be no requirement to consider it, or at the very least, it should not be considered until it is raised in legal defence.In rejecting both arguments the court accepted Lenz’s argument that fair use is an authorised use of copyrighted materials because the doctrine of fair use is embedded into the Copyright Act 1976. The court substantiated the point by emphasising the language of section 107. Although fair use is absent from the DMCA, the court reiterated that it is part of the Copyright Act and that “notwithstanding the provisions of sections 106 and 106A” a fair use “is not an infringement of copyright” (s.107, Copyright Act 1976). Overzealous rights holders frequently abuse the DMCA as a means to quash all use of copyrighted materials without considering fair use. This decision reaffirms that fair use “should not be considered a bizarre, occasionally tolerated departure from the grand conception of the copyright design” but something that it is integral to the constitution of copyright law and essential in ensuring that copyright’s goals can be fulfilled (Leval 1100). Unlicensed musical sampling has never fared well in the courtroom. Three decades of rejection and admonishment by judges culminated in Bridgeport Music, Inc., et al v. Dimension Films et al 383 F. 3d 400 (6th Cir. 2004): “Get a license or do not sample. We do not see this stifling creativity in any significant way” was the ruling on an action brought against an unlicensed use of a three-note guitar sample under section 114, an audio piracy provision. The Bridgeport decision sounded a death knell for unlicensed sampling, ensuring that only artists with sufficient capital to pay the piper could legitimately be creative with the wealth of recorded music available. The cost of licensing samples can often outweigh the creative merit of the act itself as discussed by McLeod (86) and Beaujon (25). In August 2008 the Supreme Court of New York heard EMI v. Premise Media in which EMI sought an injunction against an unlicensed fifteen second excerpt of John Lennon’s “Imagine” featured in Expelled: No Intelligence Allowed, a controversial documentary canvassing alleged chilling of intelligent design proponents in academic circles. (The family of John Lennon and EMI had previously failed to persuade a Manhattan federal court in a similar action.) The court upheld Premise Media’s arguments for fair use and rejected the Bridgeport approach on which EMI had rested its entire complaint. Justice Lowe criticised the Bridgeport court for its failure to examine the legislative intent of section 114 suggesting that courts should look to the black letter of the law rather than blindly accept propertarian arguments. This decision is of particular importance because it establishes that fair use applies to unlicensed use of sound recordings and re-establishes de minimis use.ConclusionThis paper was partly inspired by the final entry on eminent copyright scholar William Patry’s personal copyright law blog (1 Aug. 2008). A copyright lawyer for over 25 years, Patry articulated his belief that copyright law has swung too far away from its initial objectives and that balance could never be restored. The two cases presented in this paper demonstrate that fair use – and therefore balance – can be recovered in copyright. The federal Supreme Court and lower courts have stressed that copyright was intended to promote creativity and have upheld the fair doctrine, but in order for the balance to exist in copyright law, cases must come before the courts; copyright myth must be challenged. As McLeod states, “the real-world problems occur when institutions that actually have the resources to defend themselves against unwarranted or frivolous lawsuits choose to take the safe route, thus eroding fair use”(146-7). ReferencesBeaujon, Andrew. “It’s Not the Beat, It’s the Mocean.” CMJ New Music Monthly. April 1999.Collins, Steve. “Good Copy, Bad Copy: Covers, Sampling and Copyright.” M/C Journal 8.3 (2005). 26 Aug. 2008 ‹http://journal.media-culture.org.au/0507/02-collins.php›.———. “‘Property Talk’ and the Revival of Blackstonian Copyright.” M/C Journal 9.4 (2006). 26 Aug. 2008 ‹http://journal.media-culture.org.au/0609/5-collins.php›.Donaldson v. Becket 17 Cobbett Parliamentary History, col. 953.Efroni, Zohar. “Israel’s Fair Use.” The Center for Internet and Society (2008). 26 Aug. 2008 ‹http://cyberlaw.stanford.edu/node/5670›.Lange, David, and Jennifer Lange Anderson. “Copyright, Fair Use and Transformative Critical Appropriation.” Conference on the Public Domain, Duke Law School. 2001. 26 Aug. 2008 ‹http://www.law.duke.edu/pd/papers/langeand.pdf›.Lemley, Mark. “Property, Intellectual Property, and Free Riding.” Texas Law Review 83 (2005): 1031.Lessig, Lawrence. The Future of Ideas. New York: Random House, 2001.———. Free Culture. New York: Penguin, 2004.Leval, Pierre. “Toward a Fair Use Standard.” Harvard Law Review 103 (1990): 1105.McDonald, Heather. “Holden Lenz, 18 Months, versus Prince and Universal Music Group.” About.com: Music Careers 2007. 26 Aug. 2008 ‹http://musicians.about.com/b/2007/10/27/holden-lenz-18-months-versus-prince-and-universal-music-group.htm›.McLeod, Kembrew. “How Copyright Law Changed Hip Hop: An interview with Public Enemy’s Chuck D and Hank Shocklee.” Stay Free 2002. 26 Aug. 2008 ‹http://www.stayfreemagazine.org/archives/20/public_enemy.html›.———. Freedom of Expression: Overzealous Copyright Bozos and Other Enemies of Creativity. United States: Doubleday, 2005.McLuhan, Marshall, and Barrington Nevitt. Take Today: The Executive as Dropout. Ontario: Longman Canada, 1972.Metz, Cade. “Viacom Slaps YouTuber for Behaving like Viacom.” The Register 2007. 26 Aug. 2008 ‹http://www.theregister.co.uk/2007/08/30/viacom_slaps_pol/›.Negativland, ed. Fair Use: The Story of the Letter U and the Numeral 2. Concord: Seeland, 1995.Patry, William. The Fair Use Privilege in Copyright Law. Washington DC: Bureau of National Affairs, 1985.———. “End of the Blog.” The Patry Copyright Blog. 1 Aug. 2008. 27 Aug. 2008 ‹http://williampatry.blogspot.com/2008/08/end-of-blog.html›.Tapscott, Don. The Digital Economy: Promise and Peril in the Age of Networked Intelligence. New York: McGraw Hill, 1996.Toffler, Alvin. The Third Wave. London, Glasgow, Sydney, Auckland. Toronto, Johannesburg: William Collins, 1980.Travis, Hannibal. “Pirates of the Information Infrastructure: Blackstonian Copyright and the First Amendment.” Berkeley Technology Law Journal, Vol. 15 (2000), No. 777.Vaidhyanathan, Siva. Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity. New York; London: New York UP, 2003.
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Bachmann, Goetz, and Andreas Wittel. "Enthusiasm as Affective Labour: On the Productivity of Enthusiasm in the Media Industry." M/C Journal 12, no. 2 (May 9, 2009). http://dx.doi.org/10.5204/mcj.147.

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Longing on a large scale is what makes history.Don DeLillo, UnderworldIntroductionWhile the media industries have been rather thoroughly dissected for their capacity to generate enthusiasm through well-honed practices of marketing and patterns of consumerism, any analysis of the shift underway to capture and modulate the ‘enthusiastic’ and affective labour of media industry practitioners themselves may still have much to learn by reaching back to the long tradition in Western philosophy: a tradition, starting with the Greeks that has almost always contrasted enthusiasm with reason (Heyd). To quote Hume: “Hope, pride, presumption, a warm imagination, together with ignorance, are … the true sources of enthusiasm” (73). Hume’s remarks are contextualised in protestant theological debates of the 18th century, where enthusiasm was a term for a religious practice, in which God possesses the believer. Especially English preachers and theologians were putting considerable energy into demonising this far too ecstatic form of belief in god (Heyd). This ambivalent attitude towards enthusiasm time-travels from the Greeks and the Enlightenment period straight into the 20th century. In 1929, William Henry Schoenau, an early author of self-help literature for the white-collar worker, aimed to gain a wider audience with the title: “Charm, Enthusiasm and Originality - their Acquisition and Use”. According to him, enthusiasm is necessary for the success of the salesman, and has to be generated by techniques such as a rigorous special diet and physical exercises of his facial muscles. But it also has to be controlled:Enthusiasm, when controlled by subtle repression, results in either élan, originality, magnetism, charm or “IT”, depending on the manner of its use. Uncontrolled enthusiasm results in blaring jazz, fanaticism and recklessness. A complete lack of enthusiasm produces the obsequious waiter and the uneducated street car conductor. (7)Though William Henry Schoenau got rather lost in his somewhat esoteric take on enthusiasm – for him it was a result of magnetic and electric currents – we argue that Schoenau had a point: Enthusiasm is a necessary affect in many forms of work, and especially so in the creative industries. It has to be generated, it sometimes has to be enacted, and it has also to be controlled. However, we disagree with Schoenau in one important issue: For us, enthusiasm can only be controlled up to a certain degree. Enthusiasm in the Creative IndustriesSchoenau wrote for an audience of salesmen and ambitious managers. This was simultaneous with the rise of Fordism. Most labour in Fordism was routine labour with the assembly line as its iconic representation. In mass-production itself, enthusiasm was not needed, often not even wanted. Henry Ford himself noted dryly: “Why do I get a human being when all I want is a pair of hands” (Kane 128). It was reserved for few occupational groups situated around the core of the mass-produced economy, such as salesmen, inventors, and leaders like him. “Henry Ford had a burning enthusiasm for the motor car” (Pearle 196).In industrial capitalism enthusiasm on a larger scale was not for the masses. It could be found in political movements, but hardly in the realm of work. This was different in the first socialist state. In the 1920s and 1930s Soviet Union the leaders turned their experience in stimulating a revolutionary mindset into a formula for industrial development – famously documented in Dziga Vertov’s “Enthusiasm. Symphony of the Donbass”.In capitalist countries things changed with the crisis of Fordism. The end of mass production and its transformation to flexible specialisation (Piore/Sabel) prepared the ground for a revival of enthusiasm on a large scale. Post-industrial economies rely on permanent innovation. Now discourses in media, management, and academia emphasise the relevance of buzzwords such as flexibility, adaptability, change, youth, speed, fun, and creativity. In social science debates around topics such as the cultural economy (Ray/Sayers, Cook et al., du Gay/Pryke, Amin/Thrift), affective labour (Lazzarato, Hardt/Negri, Virno) and creative industries (Florida, Hartley) gained in momentum (for an interesting take on enthusiasm see Bröckling). Enthusiasm has become an imperative for most professions. Those who are not on fire are in danger of getting fired. Producing and Consuming EnthusiasmOur interest in enthusiasm as affective labour emerged in an ethnographic and experimental project that we conducted in 2003-2007 in London’s creative industries. The project brought together three industrial and one academic partner to produce a reality TV show tailor-made for IPTV (internet-protocol-based television). During this project we encountered enthusiasm in many forms. Initially, we were faced with the need to be enthusiastic, while we established the project coalition. To be convincing, we had to pitch the commercial potential of such a project enthusiastically to our potential partners, and often we had to cope with rejections and start the search and pitch again (Caldwell). When the project coalition was set up, we as academic partners managed the network. In the following two years we had to cope with our partner’s different directions, different rhythms and different styles of enthusiasm. The TV producer for example had different ways to express excitement than the new media firm. Such differences resulted in conflicts and blockades, and part of our task as project managers was to rebuild an enthusiastic spirit after periods of frustration. At the same time enthusiasm was one of the ingredients of the digital object that we produced: `Real’ emotions form the material of most reality TV shows (Grindstaff). Affects are for reality TV, what steel was for a Fordist factory. We needed an enthusiastic audience as part of the filmed material. There is thus a need to elicit, select, engineer and film such emotions. To this aim we engaged with the participants and the audience in complex ways, sometimes by distancing ourselves, other times by consciously manipulating them, and at even other times by sharing enthusiasm (similar processes in respect to other emotions are ethnographically described in Hesmondhalgh/Baker). Generating and managing enthusiasm is obviously a necessary part of affective labour in the creative industries. However, just as Hesmondhalgh/Baker indicate, this seemingly simple claim is problematic.Affective Labour as Practice‘Affective labour’ is a term that describes labour through its products: ‘A feeling of ease, well-being, satisfaction, excitement, or passion’ (Hardt/Negri 292-293). Thus, the term ‘affective labour’ usually describes a sector by the area of human endeavour, which it commodifies. But the concept looses its coherence, if it is used to describe labour by its practice (for an analogue argument see Dowling). The latter is what interests us. Such a usage will have to re-introduce the notion of the working subject. To see affective labour as a practice should enable us to describe in more detail, how enthusiasm shapes the becoming of a cultural object. Who employed affect when and what kinds of affects in which way? Analysing enthusiasm as social practice and affective labour usually brings about one of two contrasting perceptions. On the one hand one can celebrate enthusiasm – like Pekka Himanen – as one of the key characteristics for a new work ethic emerging alongside the Protestant Ethic. On the other hand we find critique of the need to display affects. Barbara Ehrenreich shows how a forced display of enthusiasm becomes a requirement for all office workers to survive in late capitalism. Judging from our experience these two approaches need to be synthesized: Much affective labour consists in the display of affects, in showing off, in pretending. On the other hand, enthusiasm can only realise its potential, if it is ‘real’ (as opposed to enacted).With Ehrenreich, Hochschild and many others we think that an analysis of affective labour as a practice needs to start with a notion of expression. Enthusiasm can be expressed through excited gestures, rapid movements, raised voices, eyes wide open, clapping hands, speech. For us it was often impossible to separate which expression was ‘genuine’ and which was enacted. Judging from introspection, it is probable that many actors had a similar experience to ours: They mixed some genuine enthusiasm with more or less enforced forms of re-enactment. Perhaps re-enactment turned to a ‘real’ feeling: We enacted ourselves into an authentic mood - an effect that is also described as “deep acting” (Grandey). What can happen inside us, can also happen in social situations. German philosopher Max Scheler went to substantial lengths to make a case for the contagiousness of affects, and enthusiasm is one of the most contagious affects. Mutual contagiousness of enthusiasm can lead to collective elation, with or without genuine enthusiasm of all members. The difference of real, authentic affects and enacted affects is thus not only theoretically, but also empirically rather problematic. It is impossible to make convincing claims about the degree of authenticity of an affect. However, it is also impossible to ignore this ambivalence. Both ‘authentic’ and ‘faked’ enthusiasm can be affective labour, but they differ hugely in terms of their productive capacities.Enthusiasm as Productive ForceWhy is enthusiasm so important in the first place? The answer is threefold. Firstly, an enthusiastic worker is more productive. He or she will work more intensively, put in more commitment, is likely to go the so-called extra mile. Enthusiasm can create a surplus of labour and a surplus of value, thus a surplus of productivity. Secondly enthusiasm is part of the creative act. It can unleash energies and overcome self-imposed limitations. Thirdly enthusiasm is future-oriented, a stimulus for investment, always risky. Enthusiasm can be the affective equivalent of venture capital – but it is not reified in capital, but remains incorporated in labour. Thus enthusiasm not only leads to an increase of productivity, it can be productive itself. This is what makes it to one of the most precious commodities in the creative industries. To make this argument in more detail we need to turn to one of the key philosophers of affect.Thinking Enthusiasm with SpinozaFor Spinoza, all affects are derivatives of a first basic drive or appetite. Desire/appetite is the direct equivalent of what Spinoza calls Conatus: Our striving to increase our power. From this starting point, Spinoza derives two basic affects: pleasure/joy and sadness/pain. Pleasure/joy is the result of an increase of our power, and sadness/pain is the result of its decrease. Spinoza explains all other affects through this basic framework. Even though enthusiasm is not one of the affects that Spinoza mentions, we want to suggest that Spinoza’s approach enables us to understand the productivity of enthusiasm. Enthusiasm is a hybrid between desire (the drive) and joy (the basic affect). Like hope or fear, it is future-oriented. It is a desire (to increase our power) combined with an anticipated outcome. Present and the future are tightly bound. Enthusiasm differs in this respect from its closest relatives: hope and optimism. Both hope and optimism believe in the desired outcome, but only against the odds and with a presumption of doubt. Enthusiasm is a form of ecstatic and hyper-confident hope. It already rewards us with joy in the present.With Spinoza we can understand the magical trick of future-oriented enthusiasm: To be enthusiastic means to anticipate an outcome of an increased power. This anticipation increases our power in the present. The increased power in the present can then be used to achieve the increased power in the future. If successful, it becomes a self-fulfilling prophecy. It is this future-orientedness, which can make enthusiasm productive. Actions and PassionsIn its Greek origin (‘enthousiasmos’) to be enthusiastic meant to be possessed or inspired by a god. An enthusiast was someone with an intense religious fervour and sometimes someone with an exaggerated belief in religious inspiration. Accordingly, enthusiasm is often connected to the devotion to an ideal, cause, study or pursuit. In late capitalism, we get possessed by different gods. We get possessed by the gods of opportunity – in our case the opportunities of a new technology like IPTV. Obsessions cannot easily be switched on and off. This is part of affective labour: The ability to open up and let the gods of future-oriented enthusiasm take hold of us. We believe in something not for the sake of believing, but for the sake of what we believe in. But at the same time we know that we need to believe. The management of this contradiction is a problem of control. As enthusiasm now constitutes a precious commodity, we cannot leave it to mere chance. Spinoza addresses exactly this point. He distinguishes two kinds of affects, actions and passions. Actions are what we control, passions are what controls us. Joy (= the experience of increased power of acting) can also weaken, if someone is not able to control the affection that triggered the joy. In such a case it becomes a passion: An increase of power that weakens in the long run. Enthusiasm is often exactly this. How can enthusiasm as a passion be turned into an action? One possible answer is to control what Spinoza calls the ‘ideas’ of the bodily affections. For Spinoza, affections (affectiones) ‘strike’ the body, but affect (affectus) is formed of both, of the bodily affectiones, but also of our ideas of these affectiones. Can such ideas become convictions, beliefs, persuasions? Our experience suggests that this is indeed possible. The excitement about the creative possibilities of IPTV, for example, was turned into a conviction. We had internalised the affect as part of our beliefs. But we had internalised it for a prize: The more it became an idea the more stable it got, but the less it was a full, bodily affect, something that touched our nervous system. We gained power over it for the price that it became less powerful in its drive.Managing the UnmanageableIn all institutions and organisations enthusiasm needs to be managed on a regular basis. In project networks however the orchestration of affects faces a different set of obstacles than in traditional organizations. Power structures are often shifting and not formally defined. Project partners are likely to have diverging interests, different expectations and different views on how to collaborate. What might be a disappointing result for one partner can be a successful result for another one. Differences of interest can be accompanied by differences of the expression of enthusiasm. This was clearly the case in our project network. The TV company entered a state of hype and frenzy while pitching the project. They were expressing their enthusiasm with talk about prominent TV channels that would buy the product, and celebrities who would take part in the show. The new media company showed its commitment through the development of beautifully designed time plans and prototypes – one of them included the idea to advertise the logo of the project on banners placed on airplanes. This sort of enthusiastic presentation led the TV producer to oppose the vision of the new media’s brand developer: She perceived this as an example of unrealistic pipe dreams. In turn the TV producer’s repeated name-dropping led other partners to mistrust them.Timing was another reason why it seemed to be impossible to integrate the affective cohorts of all partners into one well-oiled machine. Work in TV production requires periods of heightened enthusiasm while shooting the script. Not surprisingly, TV professionals save up their energy for this time. In contrast, new media practitioners create their products on the go: hype and energy are spread over the whole work process. Their labour becomes materialised in detailed plans, concepts, and prototypes. In short, the affective machine of a project network needs orchestration. This is a question of management.As this management failed so often in our project, we could discover another issue in the universe of enthusiasm: Disappointed high spirits can easily turn into bitterness and hostility. High expectations can lead to a lack of motivation and finally to a loss of loyalty towards the product and towards other project partners. Thus managing enthusiasm is not just about timing. It is also about managing disappointment and frustration. These are techniques, which have to be well developed on the level of the self-management as well as group management.Beyond the ProjectWe want to conclude this paper with a scene that happened at the very end of the project. In a final meeting, all partners agreed – much to our surprise – that the product was a big success. At that time we as academic partners found this irritating. There were many reasons why we disagreed: we did not produce a new format, we did not get positive user feedback, and we could not sell the show to further broadcasters (our original aims). However, all of this did not seem to have any impact on this final assessment. At the time of the meeting this looked for us like surreal theatre. Looking back now, this display of enthusiasm was indeed perhaps a ‘rational’ thing to do. Most projects and products in the creative industries are not successful on the market (Frith). To recreate the belief that one will eventually be successful (McRobbie) seems to be the one task of affective labour that stands out at the end of the lifecycle of many creative project networks.References Amin, Ash, and Nigel Thrift, eds. The Blackwell Cultural Economy Reader. Oxford: Blackwell, 2004.Broeckling, Ulrich. “Enthusiasten, Ironiker, Melancholiker. Vom Umgang mit der unternehmerischen Anrufung.” Mittelweg 36.4 (2008): 80-86.Caldwell, John Thornton. Production Culture: Industrial Reflexivity and Critical Practice in Film and Television. Durham, NC: Duke UP, 200. Cook, Ian, et al., eds. Cultural Turns/Geographical Turns. Harlow: Prentice Hall, 2000.Dowling, Emma. “Producing the Dining Experience: Measure, Subjectivity and the Affective Worker.” Ephemera 7 (2007): 117-132.Ehrenreich, Barbara. Bait and Switch: The Futile Pursuit of the Corporate Dream. London: Granta, 2005.Florida, Richard. The Rise of the Creative Class. New York: Basic Books, 2002.Du Gay, Paul. and Michael Pryke, eds. Cultural Economy. Cultural Analysis and Commercial Life. London: Sage, 2002.Grandy, Alicia. “Emotion Regulation in the Workplace: A New Way to Conceptualise Emotional Labour.” Journal of Occupational Health Psychology 5 (2000): 95-110.Grindstaff, Laura. The Money Shot: Trash, Class, and the Making of TV Talk Shows. Chicago: U of Chicago P, 2002.Hartley, John, ed. Creative Industries. Malden, MA: Blackwell, 2005.Hesmondhalgh, David, and Sarah Baker. “Creative Work and Emotional Labour in the Television Industry.” Theory, Culture and Society 25.5 (2008): 97-119.Heyd, Michael. “Be Sober and Reasonable." The Critique of Enthusiasm in the Seventeenth and Early Eighteenth Centuries. Leiden: E.J. Brill, 1995.Himanen, Pekka. The Hacker Ethic. London: Random House, 2002.Hume, David. “Of Superstition and Enthusiasm.” Essays, Moral Political and Literary, I.X.3. Indianapolis: Liberty Fund, 1742/1987.Johnson, Gregory. “The Tree of Melancholy. Kant on Philosophy and Enthusiasm.” Kant and the New Philosophy of Religion. Eds. Chris L. Firestone and Stephen R. Palmquist. Bloomington: Indiana UP, 2006. 43-61.Kane, Pat. The Play Ethic: A Manifesto for a Different Way of Living. London: Pan Books, 2005.Lazzarato, Maurizio. "Verwertung und Kommunikation." Umherschweifende Produzenten. Eds. Negri et al., Berlin: ID Verlag, 1998.Lutz, Burkart. Der kurze Traum immerwährender Prosperität: Eine Neuinterpretation der industriell-kapitalistischen Entwicklung im Europa des 20. Jahrhunderts. Frankfurt a.M.: Campus, 1984.Mandel, Ernest. Late Capitalism. London, 1978.McRobbie, Angela. “From Holloway to Hollywood: Happiness at Work in the Cultural Economy.” Cultural Economy: Cultural Analysis and Commercial Life. Eds. Paul du Gay and M. Pryke. London: Sage, 2001. 97-114.Pearle, Norman V. Enthusiasm Makes the Difference. Worl's Work: Kingswood and London, 1967.Piore, Michael, and Charles Sabel. Das Ende der Massenproduktion. Studie über die Requalifizierung der Arbeit und die Rückkehr der Ökonomie in die Gesellschaft. Frankfurt: Fischer, 1985.Ray, Larry, and Andrew Sayer, eds. Culture and Economy after the Cultural Turn. London: Sage, 1999.Reich, Robert. The Work of Nations: Preparing Ourselves for 21st-Century Capitalism. New York: Knopf, 1991.Scheler, Max. Wesen und Formen der Sympathie. Gesammelte Werke, VII. Bonn: Bouvier, 1973 [1913].Schoenau, William H. Charm, Enthusiasm and Originality: Their Acquisition and Use. Los Angeles: Eln Publishing, 1929.Spinoza, Baruch. Ethics. The Collected Works of Spinoza I, trans. E. Curley. Princeton, N.J.: Princeton UP, 1985. Virno, Paolo. A Grammar of the Multitude. For an Analysis of Contemporary Forms of Life. Los Angeles: Semiotext(e), 2004.
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Hair, Margaret. "Invisible Country." M/C Journal 8, no. 6 (December 1, 2005). http://dx.doi.org/10.5204/mcj.2460.

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The following article is in response to a research project that took the form of a road trip from Perth to Lombadina re-enacting the journey undertaken by the characters in the play Bran Nue Dae by playwright Jimmy Chi and Broome band Kuckles. This project was facilitated by the assistance of a Creative and Research Publication Grant from the Faculty of Communications and Creative Industries, Edith Cowan University, Western Australia. The project was carried out by researchers Kara Jacob and Margaret Hair. One thing is plainly clear. Aboriginal art expresses the possibility of human intimacy with landscapes. This is the key to its power: it makes available a rich tradition of human ethics and relationships with place and other species to a worldwide audience. For the settler Australian audience, caught ambiguously between old and new lands, their appreciation of this art embodies at least a striving for the kind of citizenship that republicans wanted: to belong to this place rather than to another (Marcia Langton in Watson 191). Marcia Langton is talking here about painting. My question is whether this “kind of citizenship” can also be accessed through appreciation of indigenous theatre, and specifically through the play Bran Nue Dae, by playwright Jimmy Chi and Broome band Kuckles, a play closely linked to the Western Australian landscape through its appropriation of the road trip genre. The physical journey taken by the characters metaphorically takes them also through the contact history of black and white Australians in Western Australia. Significantly, the non-indigenous characters experience the redemptive power of “human intimacy with landscapes” through travelling to the traditional country of their road trip companions. The road trip genre typically places its characters on a quest for knowledge. American poet Gary Snyder says that the two sources of human knowledge are symbols and sense-impressions (vii). Bran Nue Dae abounds with symbols, from the priest’s cassock and mitre to Roebourne prison; however, the sense impressions, which are so strong in the performance of the play, are missing from the written text, apart from ironic comments on the weather. In my efforts to understand Bran Nue Dae, I undertook the road trip from Perth to the Kimberley myself in order to discover those missing sense-impressions, as they form part of the “back story” of the play. In the play there is a void between the time the characters leave Perth and reach first Roebourne, where they are locked up, and then Roebuck Plains, not far from Broome, yet in the “real world” they would have travelled more than two thousand kilometres. What would they have seen and experienced on this journey? I took note of Krim Benterrak, Paddy Roe and Stephen Muecke’s Reading the Country, a cross-cultural and cross-textual study on Roebuck Plains, near Broome. Muecke talks about “stories being contingent upon place … Aboriginal storytellers have a similar policy. If one is not prepared to take the trouble to go to the place, then its story can only be given as a short version” (72). In preparing for the trip, I collected tourist brochures and maps. The use of maps, seemingly essential on any road trip as guides to “having a look at” country (Muecke ibid.), was instantly problematic in itself, in that maps represent country as colonised space. In Saltwater People, Nonie Sharp discusses the “distinction between mapping and personal journeying”: Maps and mapping describe space in a way that depersonalises it. Mapping removes the footprints of named creatures – animal, human, ancestral – who belong to this place or that place. A map can be anywhere. ‘Itineraries’, however, are actions and movements within a named and footprinted land (Sharp 199-200). The country journeyed through in Bran Nue Dae, which privileges indigenous experience, could be designated as the potentially dangerous liminal space between the “map” and the “itinerary”. This “space between” resonates with untold stories, with invisibilities. One of the most telling discoveries on the research trip was the thoroughness with which indigenous people have been made to disappear from the “mapped” zones through various colonial policies. It was very evident that indigenous people are still relegated to the fringes of town, as in Onslow and Port Hedland, in housing situations closely resembling the old missions and reserves. Although my travelling companion and I made an effort in every place we visited to pay our respects by at least finding out the language group of the traditional owners, it became clear that a major challenge in travelling through post-colonial space is in avoiding becoming complicit in the disappearance of indigenous people. We wanted our focus to be “on the people whose bodies, territories, beliefs and values have been travelled though” (Tuhiwai Smith 78) but our experience was that finding even written guides into the “footprinted land” is not easy when few tourist pamphlets acknowledge the traditional owners of the country. Even when “local Aboriginal” words are quoted, as in the CALM brochure for Nambung National Park (i.e., the Pinnacles), the actual language or language group is not mentioned. In many interpretive brochures and facilities, traditional owners are represented as absent, as victims or as prisoners. The fate of the “original inhabitants of the Greenough Flats”, the Yabbaroo people, is alluded to in the Greenough River Nature Walk Trail Guide, under the title, “A short history of Greenough River from the Rivermouth to Westbank Road”: The Gregory brothers, exploring for pastoral land in 1848, peacefully met with a large group of Aborigines camped beside a freshwater spring in a dense Melaleuca thicket. They named the spring Bootenal, from the Nyungar word Boolungal, meaning pelican. Gregory’s glowing reports of good grazing prompted pastoralists to move their flocks to Greenough, and by 1852 William Criddle was watering cattle for the Cattle Company at the Bootenal Spring. The Aborigines soon resented this intrusion and in 1854, large numbers with many from surrounding tribes, gathered in the relative safety of the Bootenal thicket. Making forays at night, they killed cattle and sheep and attacked homesteads. The pastoralists retaliated by forming a posse at Glengarry under the command of the Resident Magistrate. On the night of the 4th/5th July they rode to Bootenal and drove the Aborigines from the thicket. No arrests were made and no official report given of casualties. Aboriginal resistance in the area was finished. The fact that the extract actually describes a massacre while purporting to be a “history of Greenough River” subverts the notion that the land can ever really be “depersonalised”. At the very heart of the difference lie different ways of being human: in Aboriginal classical tradition the person dwells within a personified landscape which is alive, named, inscribed by spiritual and human agents. It is a ‘Thou’ not an ‘It’, and I and Thou belong together (Sharp 199-200). Peter Read’s book Belonging: Australians, Place and Aboriginal Ownership contains a section titled “The Past Embedded in the Landscape” in which Read discusses whether the land holds the memory of events enacted upon it, so forming a tangible link between the dispossessed and the possessors. While discussing Judith Wright’s poem Bora Ring, Read states: “The unlaid violence of dispossession lingers at the sites of evil or old magic”, bringing to mind Wright’s notion of Australia as “a haunted country” (14). It is not surprising that the “unlaid violence of dispossession lingers” at the sites of old prisons and lock-ups, since it is built into the very architecture. The visitor pamphlet states that the 1890s design by George Temple Poole of the third Roebourne gaol, further up the great Northern Highway from Greenough and beautifully constructed from stone, “represents a way in which the state ideology of control of a remote and potentially dangerous population could be expressed in buildings”. The current Roebourne prison, still holding a majority of Aboriginal inmates, does away with any pretence of architectural elegance but expresses the same state ideology with its fence topped with razor wire. Without a guide like Bran Nue Dae’s Uncle Tadpole to keep us “off the track”, non-indigenous visitors to these old gaols, now largely museums, may be quickly led by the interpretation into the “mapped zone” – the narrative of imperialist expansion. However, we can follow Paul Carter’s injunction to “deepen grooves” and start with John Pat’s story at the Roebourne police lock-up, or the story of any indigenous inmate of the present Roebuck prison, spiralling back a century to the first Roebuck prison in settler John Withnell’s woolshed (Weightman 4). Then we gain a sense of the contact experience of the local indigenous peoples. John Withnell and his wife Emma are represented as particularly resourceful by the interpretation at the old Roebourne gaol (now Roebourne Visitors Centre and Museum). The museum has a replica of a whalebone armchair that John Withnell built for his wife with vertebrae as the seat and other bones as the back and armrests. The family also invented the canvas waterbag. The interpretation fails to mention that the same John Withnell beat an Aboriginal woman named Talarong so severely for refusing to care for sheep at Withnell’s Hillside Station that “she retreated into the bush and died of her injuries two days later”. No charges were brought against Withnell because, according to the Acting Government Resident, of the “great provocation” by Talarong in the incident (Hunt 99-100). Such omissions and silences in the official record force indigenous people into a parallel “invisible country” and leave us stranded on the highways of the “mapped zone”, bereft of our rights and responsibilities to connect either to the country or to its traditional owners. Roebourne, and its coastal port Cossack, stand on the hauntingly beautiful country of the Ngarluma and seaside Yapurarra peoples. Settlers first arrived in the 1860s and Aboriginal people began to be officially imprisoned soon after, primarily as a result of their resistance to being “blackbirded” and exploited as labour for the pearling and pastoral industries. Prisoners were chained by the neck, day and night, and forced to build roads and tramlines, ostensibly a “civilising” practice. As the history pamphlet for The Old Roebourne Gaol reads: “It was widely believed that the Roebourne Gaol was where the ‘benefit’ of white civilisation could be shown to the ‘savage’ Aboriginal” (Weightman 2). The “back story” I discovered on this research trip was one of disappearance – indigenous people being made to disappear from their countries, from non-indigenous view and from the written record. The symbols I surprisingly most engaged with and which most affected me were the gaols and prisons which the imperialists used as tools of their trade in disappearance. The sense impressions I experienced – extreme beauty, isolation, heat and sandflies – reinforced the complexity of Western Australian contact history. I began to see the central achievement of Bran Nue Dae as being the return of indigenous people to country and to story. This return, so beautifully realised in when the characters finally reach Lombadina and a state of acceptance, is critical to healing the country and to the attainment of an equitable “kind of citizenship” that denotes belonging for all. References Aboriginal Tourism Australia. Welcome to Country: Respecting Indigenous Culture for Travellers in Australia. 2004. Benterrak, Krim, Stephen Muecke, and Paddy Roe. Reading the Country. Perth: Fremantle Arts Centre Press, 1984. Carter, Paul. The Lie of the Land. London: Faber & Faber, 1996. Dalton, Peter. “Broome: A Multiracial Community. A Study of Social and Cultural Relationships in a Town in the West Kimberleys, Western Australia”. Thesis for Master of Arts in Anthropology. Perth: University of Western Australia, 1964. Hunt, Susan Jane. Spinifex and Hessian: Women’s Lives in North-Western Australia 1860–1900. Nedlands, WA: U of Western Australia P, 1986. Read, Peter. Belonging: Australians, Place and Aboriginal Ownership. UK: Cambridge UP, 2000. Reynolds, Henry. North of Capricorn: The Untold History of Australia’s North. Sydney: Allen & Unwin, 2003. Reynolds, Henry. Why Weren’t We Told? Ringwood, Victoria: Penguin Books Australia, 1999. Sharp, Nonie. Saltwater People: The Waves of Memory. Sydney: Allen & Unwin, 2002. Shire of Greenough. Greenough River Nature Walk Trail Guide. 2005. Tuhiwai Smith, Linda. Decolonizing Methodologies. Dunedin, New Zealand: U of Otago P, 1999. Watson, Christine. Piercing the Ground. Perth: Fremantle Arts Centre P, 2003. Weightman, Llyrus. The Old Roebourne Gaol: A History. Pilbara Classies & Printing Service. Wright, Judith. The Cry for the Dead. 1981. 277-80. Citation reference for this article MLA Style Hair, Margaret. "Invisible Country." M/C Journal 8.6 (2005). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0512/09-hair.php>. APA Style Hair, M. (Dec. 2005) "Invisible Country," M/C Journal, 8(6). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0512/09-hair.php>.
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Inglis, David. "On Oenological Authenticity: Making Wine Real and Making Real Wine." M/C Journal 18, no. 1 (January 20, 2015). http://dx.doi.org/10.5204/mcj.948.

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IntroductionIn the wine world, authenticity is not just desired, it is actively required. That demand comes from a complex of producers, distributors and consumers, and other interested parties. Consequently, the authenticity of wine is constantly created, reworked, presented, performed, argued over, contested and appreciated.At one level, such processes have clear economic elements. A wine deemed to be an authentic “expression” of something—the soil and micro-climate in which it was grown, the environment and culture of the region from which it hails, the genius of the wine-maker who nurtured and brought it into being, the quintessential characteristics of the grape variety it is made from—will likely make much more money than one deemed inauthentic. In wine, as in other spheres, perceived authenticity is a means to garner profits, both economic and symbolic (Beverland).At another level, wine animates a complicated intertwining of human tastes, aesthetics, pleasures and identities. Discussions as to the authenticity, or otherwise, of a wine often involve a search by the discussants for meaning and purpose in their lives (Grahm). To discover and appreciate a wine felt to “speak” profoundly of the place from whence it came possibly involves a sense of superiority over others: I drink “real” wine, while you drink mass-market trash (Bourdieu). It can also create reassuring senses of ontological security: in discovering an authentic wine, expressive of a certain aesthetic and locational purity (Zolberg and Cherbo), I have found a cherishable object which can be reliably traced to one particular place on Earth, therefore possessing integrity, honesty and virtue (Fine). Appreciation of wine’s authenticity licenses the self-perception that I am sophisticated and sensitive (Vannini and Williams). My judgement of the wine is also a judgement upon my own aesthetic capacities (Hennion).In wine drinking, and the production, distribution and marketing processes underpinning it, much is at stake as regards authenticity. The social system of the wine world requires the category of authenticity in order to keep operating. This paper examines how and why this has come to be so. It considers the crafting of authenticity in long-term historical perspective. Demand for authentic wine by drinkers goes back many centuries. Self-conscious performances of authenticity by producers is of more recent provenance, and was elaborated above all in France. French innovations then spread to other parts of Europe and the world. The paper reviews these developments, showing that wine authenticity is constituted by an elaborate complex of environmental, cultural, legal, political and commercial factors. The paper both draws upon the social science literature concerning the construction of authenticity and also points out its limitations as regards understanding wine authenticity.The History of AuthenticityIt is conventional in the social science literature (Peterson, Authenticity) to claim that authenticity as a folk category (Lu and Fine), and actors’ desires for authentic things, are wholly “modern,” being unknown in pre-modern contexts (Cohen). Consideration of wine shows that such a view is historically uninformed. Demands by consumers for ‘authentic’ wine, in the sense that it really came from the location it was sold as being from, can be found in the West well before the 19th century, having ancient roots (Wengrow). In ancient Rome, there was demand by elites for wine that was both really from the location it was billed as being from, and was verifiably of a certain vintage (Robertson and Inglis). More recently, demand has existed in Western Europe for “real” Tokaji (sweet wine from Hungary), Port and Bordeaux wines since at least the 17th century (Marks).Conventional social science (Peterson, Authenticity) is on solider ground when demonstrating how a great deal of social energies goes into constructing people’s perceptions—not just of consumers, but of wine producers and sellers too—that particular wines are somehow authentic expressions of the places where they were made. The creation of perceived authenticity by producers and sales-people has a long historical pedigree, beginning in early modernity.For example, in the 17th and 18th centuries, wine-makers in Bordeaux could not compete on price grounds with burgeoning Spanish, Portuguese and Italian production areas, so they began to compete with them on the grounds of perceived quality. Multiple small plots were reorganised into much bigger vineyards. The latter were now associated with a chateau in the neighbourhood, giving the wines connotations of aristocratic gravity and dignity (Ulin). Product-makers in other fields have used the assertion of long-standing family lineages as apparent guarantors of tradition and quality in production (Peterson, Authenticity). The early modern Bordelaise did the same, augmenting their wines’ value by calling upon aristocratic accoutrements like chateaux, coats-of-arms, alleged long-term family ownership of vineyards, and suchlike.Such early modern entrepreneurial efforts remain the foundations of the very high prestige and prices associated with elite wine-making in the region today, with Chinese companies and consumers particularly keen on the grand crus of the region. Globalization of the wine world today is strongly rooted in forms of authenticity performance invented several hundred years ago.Enter the StateAnother notable issue is the long-term role that governments and legislation have played, both in the construction and presentation of authenticity to publics, and in attempts to guarantee—through regulative measures and taxation systems—that what is sold really has come from where it purports to be from. The west European State has a long history of being concerned with the fraudulent selling of “fake” wines (Anderson, Norman, and Wittwer). Thus Cosimo III, Medici Grand Duke of Florence, was responsible for an edict of 1716 which drew up legal boundaries for Tuscan wine-producing regions, restricting the use of regional names like Chianti to wine that actually came from there (Duguid).These 18th century Tuscan regulations are the distant ancestors of quality-control rules centred upon the need to guarantee the authenticity of wines from particular geographical regions and sub-regions, which are today now ubiquitous, especially in the European Union (DeSoucey). But more direct progenitors of today’s Geographical Indicators (GIs)—enforced by the GATT international treaties—and Protected Designations of Origin (PDOs)—promulgated and monitored by the EU—are French in origin (Barham). The famous 1855 quality-level classification of Bordeaux vineyards and their wines was the first attempt in the world explicitly to proclaim that the quality of a wine was a direct consequence of its defined place of origin. This move significantly helped to create the later highly influential notion that place of origin is the essence of a wine’s authenticity. This innovation was initially wholly commercial, rather than governmental, being carried out by wine-brokers to promote Bordeaux wines at the Paris Exposition Universelle, but was later elaborated by State officials.In Champagne, another luxury wine-producing area, small-scale growers of grapes worried that national and international perceptions of their wine were becoming wholly determined by big brands such as Dom Perignon, which advertised the wine as a luxury product, but made no reference to the grapes, the soil, or the (supposedly) traditional methods of production used by growers (Guy). The latter turned to the idea of “locality,” which implied that the character of the wine was an essential expression of the Champagne region itself—something ignored in brand advertising—and that the soil itself was the marker of locality. The idea of “terroir”—referring to the alleged properties of soil and micro-climate, and their apparent expression in the grapes—was mobilised by one group, smaller growers, against another, the large commercial houses (Guy). The terroir notion was a means of constructing authenticity, and denouncing de-localised, homogenizing inauthenticity, a strategy favouring some types of actors over others. The relatively highly industrialized wine-making process was later represented for public consumption as being consonant with both tradition and nature.The interplay of commerce, government, law, and the presentation of authenticity, also appeared in Burgundy. In that region between WWI and WWII, the wine world was transformed by two new factors: the development of tourism and the rise of an ideology of “regionalism” (Laferté). The latter was invented circa WWI by metropolitan intellectuals who believed that each of the French regions possessed an intrinsic cultural “soul,” particularly expressed through its characteristic forms of food and drink. Previously despised peasant cuisine was reconstructed as culturally worthy and true expression of place. Small-scale artisanal wine production was no longer seen as an embarrassment, producing wines far more “rough” than those of Bordeaux and Champagne. Instead, such production was taken as ground and guarantor of authenticity (Laferté). Location, at regional, village and vineyard level, was taken as the primary quality indicator.For tourists lured to the French regions by the newly-established Guide Michelin, and for influential national and foreign journalists, an array of new promotional devices were created, such as gastronomic festivals and folkloric brotherhoods devoted to celebrations of particular foodstuffs and agricultural events like the wine-harvest (Laferté). The figure of the wine-grower was presented as an exemplary custodian of tradition, relatively free of modern capitalist exchange relations. These are the beginnings of an important facet of later wine companies’ promotional literatures worldwide—the “decoupling” of their supposed commitments to tradition, and their “passion” for wine-making beyond material interests, from everyday contexts of industrial production and profit-motives (Beverland). Yet the work of making the wine-maker and their wines authentically “of the soil” was originally stimulated in response to international wine markets and the tourist industry (Laferté).Against this background, in 1935 the French government enacted legislation which created theInstitut National des Appellations d’Origine (INAO) and its Appelation d’Origine Controlle (AOC) system (Barham). Its goal was, and is, to protect what it defines as terroir, encompassing both natural and human elements. This legislation went well beyond previous laws, as it did more than indicate that wine must be honestly labelled as deriving from a given place of origin, for it included guarantees of authenticity too. An authentic wine was defined as one which truly “expresses” the terroir from which it comes, where terroir means both soil and micro-climate (nature) and wine-making techniques “traditionally” associated with that area. Thus French law came to enshrine a relatively recently invented cultural assumption: that places create distinctive tastes, the value of this state of affairs requiring strong State protection. Terroir must be protected from the untrammelled free market. Land and wine, symbiotically connected, are de-commodified (Kopytoff). Wine is embedded in land; land is embedded in what is regarded as regional culture; the latter is embedded in national history (Polanyi).But in line with the fact that the cultural underpinnings of the INAO/AOC system were strongly commercially oriented, at a more subterranean level the de-commodified product also has economic value added to it. A wine worthy of AOC protection must, it is assumed, be special relative to wines un-deserving of that classification. The wine is taken out of the market, attributed special status, and released, economically enhanced, back onto the market. Consequently, State-guaranteed forms of authenticity embody ambivalent but ultimately efficacious economic processes. Wine pioneered this Janus-faced situation, the AOC system in the 1990s being generalized to all types of agricultural product in France. A huge bureaucratic apparatus underpins and makes possible the AOC system. For a region and product to gain AOC protection, much energy is expended by collectives of producers and other interested parties like regional development and tourism officials. The French State employs a wide range of expert—oenological, anthropological, climatological, etc.—who police the AOC classificatory mechanisms (Barham).Terroirisation ProcessesFrench forms of legal classification, and the broader cultural classifications which underpin them and generated them, very much influenced the EU’s PDO system. The latter uses a language of authenticity rooted in place first developed in France (DeSoucey). The French model has been generalized, both from wine to other foodstuffs, and around many parts of Europe and the world. An Old World idea has spread to the New World—paradoxically so, because it was the perceived threat posed by the ‘placeless’ wines and decontextualized grapes of the New World which stimulated much of the European legislative measures to protect terroir (Marks).Paxson shows how artisanal cheese-makers in the US, appropriate the idea of terroir to represent places of production, and by extension the cheeses made there, that have no prior history of being constructed as terroir areas. Here terroir is invented at the same time as it is naturalised, made to seem as if it simply points to how physical place is directly expressed in a manufactured product. By defining wine or cheese as a natural product, claims to authenticity are themselves naturalised (Ulin). Successful terroirisation brings commercial benefits for those who engage in it, creating brand distinctiveness (no-one else can claim their product expresses that particularlocation), a value-enhancing aura around the product which, and promotion of food tourism (Murray and Overton).Terroirisation can also render producers into virtuous custodians of the land who are opposed to the depredations of the industrial food and agriculture systems, the categories associated with terroir classifying the world through a binary opposition: traditional, small-scale production on the virtuous side, and large-scale, “modern” harvesting methods on the other. Such a situation has prompted large-scale, industrial wine-makers to adopt marketing imagery that implies the “place-based” nature of their offerings, even when the grapes can come from radically different areas within a region or from other regions (Smith Maguire). Like smaller producers, large companies also decouple the advertised imagery of terroir from the mundane realities of industry and profit-margins (Beverland).The global transportability of the terroir concept—ironic, given the rhetorical stress on the uniqueness of place—depends on its flexibility and ambiguity. In the French context before WWII, the phrase referred specifically to soil and micro-climate of vineyards. Slowly it started mean to a markedly wider symbolic complex involving persons and personalities, techniques and knowhow, traditions, community, and expressions of local and regional heritage (Smith Maguire). Over the course of the 20th century, terroir became an ever broader concept “encompassing the physical characteristics of the land (its soil, climate, topography) and its human dimensions (culture, history, technology)” (Overton 753). It is thought to be both natural and cultural, both physical and human, the potentially contradictory ramifications of such understanding necessitating subtle distinctions to ward off confusion or paradox. Thus human intervention on the land and the vines is often represented as simply “letting the grapes speak for themselves” and “allowing the land to express itself,” as if the wine-maker were midwife rather than fabricator. Terroir talk operates with an awkward verbal balancing act: wine-makers’ “signature” styles are expressions of their cultural authenticity (e.g. using what are claimed as ‘traditional’ methods), yet their stylistic capacities do not interfere with the soil and micro-climate’s natural tendencies (i.e. the terroir’sphysical authenticity).The wine-making process is a case par excellence of a network of humans and objects, or human and non-human actants (Latour). The concept of terroir today both acknowledges that fact, but occludes it at the same time. It glosses over the highly problematic nature of what is “real,” “true,” “natural.” The roles of human agents and technologies are sequestered, ignoring the inevitably changing nature of knowledges and technologies over time, recognition of which jeopardises claims about an unchanging physical, social and technical order. Harvesting by machine production is representationally disavowed, yet often pragmatically embraced. The role of “foreign” experts acting as advisors —so-called “flying wine-makers,” often from New World production cultures —has to be treated gingerly or covered up. Because of the effects of climate change on micro-climates and growing conditions, the taste of wines from a particular terroir changes over time, but the terroir imaginary cannot recognise that, being based on projections of timelessness (Brabazon).The authenticity referred to, and constructed, by terroir imagery must constantly be performed to diverse audiences, convincing them that time stands still in the terroir. If consumers are to continue perceiving authenticity in a wine or winery, then a wide range of cultural intermediaries—critics, journalists and other self-proclaiming experts must continue telling convincing stories about provenance. Effective authenticity story-telling rests on the perceived sincerity and knowledgeability of the teller. Such tales stress romantic imagery and colourful, highly personalised accounts of the quirks of particular wine-makers, omitting mundane details of production and commercial activities (Smith Maguire). Such intermediaries must seek to interest their audience in undiscovered regions and “quirky” styles, demonstrating their insider knowledge. But once such regions and styles start to become more well-known, their rarity value is lost, and intermediaries must find ever newer forms of authenticity, which in turn will lose their burnished aura when they become objects of mundane consumption. An endless cycle of discovering and undermining authenticity is constantly enacted.ConclusionAuthenticity is a category held by different sorts of actors in the wine world, and is the means by which that world is held together. This situation has developed over a long time-frame and is now globalized. Yet I will end this paper on a volte face. Authenticity in the wine world can never be regarded as wholly and simply a social construction. One cannot directly import into the analysis of that world assumptions—about the wholly socially constructed nature of phenomena—which social scientific studies of other domains, most notably culture industries, work with (Peterson, Authenticity). Ways of thinking which are indeed useful for understanding the construction of authenticity in some specific contexts, cannot just be applied in simplistic manners to the wine world. When they are applied in direct and unsophisticated ways, such an operation misses the specificities and particularities of wine-making processes. These are always simultaneously “social” and “natural”, involving multiple forms of complex intertwining of human actions, environmental and climatological conditions, and the characteristics of the vines themselves—a situation markedly beyond beyond any straightforward notion of “social construction.”The wine world has many socially constructed objects. But wine is not just like any other product. Its authenticity cannot be fabricated in the manner of, say, country music (Peterson, Country). Wine is never in itself only a social construction, nor is its authenticity, because the taste, texture and chemical elements of wine derive from complex human interactions with the physical environment. Wine is partly about packaging, branding and advertising—phenomena standard social science accounts of authenticity focus on—but its organic properties are irreducible to those factors. Terroir is an invention, a label put on to certain things, meaning they are perceived to be authentic. But the things that label refers to—ranging from the slope of a vineyard and the play of sunshine on it, to how grapes grow and when they are picked—are entwined with human semiotics but not completely created by them. A truly comprehensive account of wine authenticity remains to be written.ReferencesAnderson, Kym, David Norman, and Glyn Wittwer. “Globalization and the World’s Wine Markets: Overview.” Discussion Paper No. 0143, Centre for International Economic Studies. Adelaide: U of Adelaide, 2001.Barham, Elizabeth. “Translating Terroir: The Global Challenge of French AOC Labelling.” Journal of Rural Studies 19 (2003): 127–38.Beverland, Michael B. “Crafting Brand Authenticity: The Case of Luxury Wines.” Journal of Management Studies 42.5 (2005): 1003–29.Bourdieu, Pierre. Distinction: A Social Critique of the Judgement of Taste. London: Routledge, 1992.Brabazon, Tara. “Colonial Control or Terroir Tourism? The Case of Houghton’s White Burgundy.” Human Geographies 8.2 (2014): 17–33.Cohen, Erik. “Authenticity and Commoditization in Tourism.” Annals of Tourism Research 15.3 (1988): 371–86.DeSoucey, Michaela. “Gastronationalism: Food Traditions and Authenticity Politics in the European Union.” American Sociological Review 75.3 (2010): 432–55.Duguid, Paul. “Developing the Brand: The Case of Alcohol, 1800–1880.” Enterprise and Society 4.3 (2003): 405–41.Fine, Gary A. “Crafting Authenticity: The Validation of Identity in Self-Taught Art.” Theory and Society 32.2 (2003): 153–80.Grahm, Randall. “The Soul of Wine: Digging for Meaning.” Wine and Philosophy: A Symposium on Thinking and Drinking. Ed. Fritz Allhoff. Oxford: Blackwell, 2008. 219–24.Guy, Kolleen M. When Champagne Became French: Wine and the Making of a National Identity. Baltimore: Johns Hopkins UP, 2003.Hennion, Antoine. “The Things That Bind Us Together.”Cultural Sociology 1.1 (2007): 65–85.Kopytoff, Igor. “The Cultural Biography of Things: Commoditization as a Process." The Social Life of Things: Commodities in Cultural Perspective. Ed. Arjun Appadurai. Cambridge: Cambridge UP, 1986. 64–91.Laferté, Gilles. “End or Invention of Terroirs? Regionalism in the Marketing of French Luxury Goods: The Example of Burgundy Wines in the Inter-War Years.” Working Paper, Centre d’Economie et Sociologie Appliquées a l’Agriculture et aux Espaces Ruraux, Dijon.Latour, Bruno. We Have Never Been Modern. Harvard: Harvard UP, 1993.Lu, Shun and Gary A. Fine. “The Presentation of Ethnic Authenticity: Chinese Food as a Social Accomplishment.” The Sociological Quarterly 36.3 (1995): 535–53.Marks, Denton. “Competitiveness and the Market for Central and Eastern European Wines: A Cultural Good in the Global Wine Market.” Journal of Wine Research 22.3 (2011): 245–63.Murray, Warwick E. and John Overton. “Defining Regions: The Making of Places in the New Zealand Wine Industry.” Australian Geographer 42.4 (2011): 419–33.Overton, John. “The Consumption of Space: Land, Capital and Place in the New Zealand Wine Industry.” Geoforum 41.5 (2010): 752–62.Paxson, Heather. “Locating Value in Artisan Cheese: Reverse Engineering Terroir for New-World Landscapes.” American Anthropologist 112.3 (2010): 444–57.Peterson, Richard A. Creating Country Music: Fabricating Authenticity. Chicago: U of Chicago P, 2000.———. “In Search of Authenticity.” Journal of Management Studies 42.5 (2005): 1083–98.Polanyi, Karl. The Great Transformation. Boston: Beacon Press, 1957.Robertson, Roland, and David Inglis. “The Global Animus: In the Tracks of World Consciousness.” Globalizations 1.1 (2006): 72–92.Smith Maguire, Jennifer. “Provenance and the Liminality of Production and Consumption: The Case of Wine Promoters.” Marketing Theory 10.3 (2010): 269–82.Trubek, Amy. The Taste of Place: A Cultural Journey into Terroir. Los Angeles: U of California P, 2008.Ulin, Robert C. “Invention and Representation as Cultural Capital.” American Anthropologist 97.3 (1995): 519–27.Vannini, Phillip, and Patrick J. Williams. Authenticity in Culture, Self and Society. Farnham: Ashgate, 2009.Wengrow, David. “Prehistories of Commodity Branding.” Current Anthropology 49.1 (2008): 7–34.Zolberg, Vera and Joni Maya Cherbo. Outsider Art: Contesting Boundaries in Contemporary Culture. Cambridge: Cambridge UP, 1997.
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Lerner, Miriam Nathan. "Narrative Function of Deafness and Deaf Characters in Film." M/C Journal 13, no. 3 (June 28, 2010). http://dx.doi.org/10.5204/mcj.260.

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Introduction Films with deaf characters often do not focus on the condition of deafness at all. Rather, the characters seem to satisfy a role in the story that either furthers the plot or the audience’s understanding of other hearing characters. The deaf characters can be symbolic, for example as a metaphor for isolation representative of ‘those without a voice’ in a society. The deaf characters’ misunderstanding of auditory cues can lead to comic circumstances, and their knowledge can save them in the case of perilous ones. Sign language, because of its unique linguistic properties and its lack of comprehension by hearing people, can save the day in a story line. Deaf characters are shown in different eras and in different countries, providing a fictional window into their possible experiences. Films shape and reflect cultural attitudes and can serve as a potent force in influencing the attitudes and assumptions of those members of the hearing world who have had few, if any, encounters with deaf people. This article explores categories of literary function as identified by the author, providing examples and suggestions of other films for readers to explore. Searching for Deaf Characters in Film I am a sign language interpreter. Several years ago, I started noticing how deaf characters are used in films. I made a concerted effort to find as many as I could. I referred to John Shuchman’s exhaustive book about deaf actors and subject matter, Hollywood Speaks; I scouted video rental guides (key words were ‘deaf’ or ‘disabled’); and I also plugged in the key words ‘deaf in film’ on Google’s search engine. I decided to ignore the issue of whether or not the actors were actually deaf—a political hot potato in the Deaf community which has been discussed extensively. Similarly, the linguistic or cultural accuracy of the type of sign language used or super-human lip-reading talent did not concern me. What was I looking for? I noticed that few story lines involving deaf characters provide any discussion or plot information related to that character’s deafness. I was puzzled. Why is there signing in the elevator in Jerry Maguire? Why does the guy in Grand Canyon have a deaf daughter? Why would the psychosomatic response to a trauma—as in Psych Out—be deafness rather than blindness? I concluded that not being able to hear carried some special meaning or fulfilled a particular need intrinsic to the plot of the story. I also observed that the functions of deaf characters seem to fall into several categories. Some deaf characters fit into more than one category, serving two or more symbolic purposes at the same time. By viewing and analysing the representations of deafness and deaf characters in forty-six films, I have come up with the following classifications: Deafness as a plot device Deaf characters as protagonist informants Deaf characters as a parallel to the protagonist Sign language as ‘hero’ Stories about deaf/hearing relationships A-normal-guy-or-gal-who-just-happens-to-be-deaf Deafness as a psychosomatic response to trauma Deafness as metaphor Deafness as a symbolic commentary on society Let your fingers do the ‘talking’ Deafness as Plot Device Every element of a film is a device, but when the plot hinges on one character being deaf, the story succeeds because of that particular character having that particular condition. The limitations or advantages of a deaf person functioning within the hearing world establish the tension, the comedy, or the events which create the story. In Hear No Evil (1993), Jillian learns from her hearing boyfriend which mechanical devices cause ear-splitting noises (he has insomnia and every morning she accidentally wakes him in very loud ways, eg., she burns the toast, thus setting off the smoke detector; she drops a metal spoon down the garbage disposal unit). When she is pursued by a murderer she uses a fire alarm, an alarm/sprinkler system, and a stereo turned on full blast to mask the sounds of her movements as she attempts to hide. Jillian and her boyfriend survive, she learns about sound, her boyfriend learns about deafness, and she teaches him the sign for orgasm. Life is good! The potential comic aspects of deafness may seem in this day and age to be shockingly politically incorrect. While the slapstick aspect is often innocent and means no overt harm or insult to the Deaf as a population, deafness functions as the visual banana peel over which the characters figuratively stumble in the plot. The film, See No Evil, Hear No Evil (1989), pairing Gene Wilder with Richard Pryor as deaf and blind respectively, is a constant sight gag of lip-reading miscues and lack-of-sight gags. Wilder can speak, and is able to speech read almost perfectly, almost all of the time (a stereotype often perpetuated in films). It is mind-boggling to imagine the detail of the choreography required for the two actors to convince the audience of their authenticity. Other films in this category include: Suspect It’s a Wonderful Life Murder by Death Huck Finn One Flew over the Cuckoo’s NestThe Shop on Main StreetRead My Lips The Quiet Deaf Characters as Protagonist Informants Often a deaf character’s primary function to the story is to give the audience more information about, or form more of an affinity with, the hearing protagonist. The deaf character may be fascinating in his or her own right, but generally the deafness is a marginal point of interest. Audience attitudes about the hearing characters are affected because of their previous or present involvement with deaf individuals. This representation of deafness seems to provide a window into audience understanding and appreciation of the protagonist. More inferences can be made about the hearing person and provides one possible explanation for what ensues. It is a subtle, almost subliminal trick. There are several effective examples of this approach. In Gas, Food, Lodging (1992), Shade discovers that tough-guy Javier’s mother is deaf. He introduces Shade to his mother by simple signs and finger-spelling. They all proceed to visit and dance together (mom feels the vibrations on the floor). The audience is drawn to feel ‘Wow! Javier is a sensitive kid who has grown up with a beautiful, exotic, deaf mother!’ The 1977 film, Looking for Mr. Goodbar presents film-goers with Theresa, a confused young woman living a double life. By day, she is a teacher of deaf children. Her professor in the Teacher of the Deaf program even likens their vocation to ‘touching God’. But by night she cruises bars and engages in promiscuous sexual activity. The film shows how her fledgling use of signs begins to express her innermost desires, as well as her ability to communicate and reach out to her students. Other films in this category include: Miracle on 34th Street (1994 version)Nashville (1975, dir. Robert Altman)The Family StoneGrand CanyonThere Will Be Blood Deaf Characters as a Parallel to the Protagonist I Don’t Want to Talk about It (1993) from Argentina, uses a deaf character to establish an implied parallel story line to the main hearing character. Charlotte, a dwarf, is friends with Reanalde, who is deaf. The audience sees them in the first moments of the film when they are little girls together. Reanalde’s mother attempts to commiserate with Charlotte’s mother, establishing a simultaneous but unseen story line somewhere else in town over the course of the story. The setting is Argentina during the 1930s, and the viewer can assume that disability awareness is fairly minimal at the time. Without having seen Charlotte’s deaf counterpart, the audience still knows that her story has contained similar struggles for ‘normalcy’ and acceptance. Near the conclusion of the film, there is one more glimpse of Reanalde, when she catches the bridal bouquet at Charlotte’s wedding. While having been privy to Charlotte’s experiences all along, we can only conjecture as to what Reanalde’s life has been. Sign Language as ‘Hero’ The power of language, and one’s calculated use of language as a means of escape from a potentially deadly situation, is shown in The River Wild (1996). The reason that any of the hearing characters knows sign language is that Gail, the protagonist, has a deaf father. Victor appears primarily to allow the audience to see his daughter and grandson sign with him. The mother, father, and son are able to communicate surreptitiously and get themselves out of a dangerous predicament. Signing takes an iconic form when the signs BOAT, LEFT, I-LOVE-YOU are drawn on a log suspended over the river as a message to Gail so that she knows where to steer the boat, and that her husband is still alive. The unique nature of sign language saves the day– silently and subtly produced, right under the bad guys’ noses! Stories about Deaf/Hearing Relationships Because of increased awareness and acceptance of deafness, it may be tempting to assume that growing up deaf or having any kind of relationship with a deaf individual may not pose too much of a challenge. Captioning and subtitling are ubiquitous in the USA now, as is the inclusion of interpreters on stages at public events. Since the inception of USA Public Law 94-142 and section 504 in 1974, more deaf children are ‘mainstreamed’ into public schools than ever before. The Americans with Disabilities Act was passed in 1993, opening the doors in the US for more access, more job opportunities, more inclusion. These are the external manifestations of acceptance that most viewers with no personal exposure to deafness may see in the public domain. The nuts and bolts of growing up deaf, navigating through opposing philosophical theories regarding deaf education, and dealing with parents, siblings, and peers who can’t communicate, all serve to form foundational experiences which an audience rarely witnesses. Children of a Lesser God (1986), uses the character of James Leeds to provide simultaneous voiced translations of the deaf student Sarah’s comments. The audience is ushered into the world of disparate philosophies of deaf education, a controversy of which general audiences may not have been previously unaware. At the core of James and Sarah’s struggle is his inability to accept that she is complete as she is, as a signing not speaking deaf person. Whether a full reconciliation is possible remains to be seen. The esteemed teacher of the deaf must allow himself to be taught by the deaf. Other films in this category include: Johnny Belinda (1949, 1982)Mr. Holland’s OpusBeyond SilenceThe Good ShepherdCompensation A Normal Guy-or-Gal-Who-Just-Happens-to-Be-Deaf The greatest measure of equality is to be accepted on one's own merits, with no special attention to differences or deviations from whatever is deemed ‘the norm.’ In this category, the audience sees the seemingly incidental inclusion of a deaf or hearing-impaired person in the casting. A sleeper movie titled Crazy Moon (1986) is an effective example. Brooks is a shy, eccentric young hearing man who needs who needs to change his life. Vanessa is deaf and works as a clerk in a shop while takes speech lessons. She possesses a joie de vivre that Brooks admires and wishes to emulate. When comparing the way they interact with the world, it is apparent that Brooks is the one who is handicapped. Other films in this category include: Sympathy for Mr. Vengeance (South Korea, 1992)Liar, LiarRequiem for a DreamKung Fu HustleBangkok DangerousThe Family StoneDeafness as a Psychosomatic Response to Trauma Literature about psychosomatic illnesses enumerates many disconcerting and disruptive physiological responses. However, rarely is there a PTSD response as profound as complete blockage of one of the five senses, ie; becoming deaf as a result of a traumatic incident. But it makes great copy, and provides a convenient explanation as to why an actor needn't learn sign language! The rock group The Who recorded Tommy in 1968, inaugurating an exciting and groundbreaking new musical genre – the rock opera. The film adaptation, directed by Ken Russell, was released in 1975. In an ironic twist for a rock extravaganza, the hero of the story is a ‘deaf, dumb, and blind kid.’ Tommy Johnson becomes deaf when he witnesses the murder of his father at the hands of his step-father and complicit mother. From that moment on, he is deaf and blind. When he grows up, he establishes a cult religion of inner vision and self-discovery. Another film in this category is Psych Out. Deafness as a Metaphor Hearing loss does not necessarily mean complete deafness and/or lack of vocalization. Yet, the general public tends to assume that there is utter silence, complete muteness, and the inability to verbalize anything at all. These assumptions provide a rich breeding ground for a deaf character to personify isolation, disenfranchisement, and/or avoidance of the harsher side of life. The deafness of a character can also serve as a hearing character’s nemesis. Mr. Holland’s Opus (1995) chronicles much of the adult life of a beleaguered man named Glenn Holland whose fondest dream is to compose a grand piece of orchestral music. To make ends meet he must teach band and orchestra to apparently disinterested and often untalented students in a public school. His golden son (named Cole, in honor of the jazz great John Coltrane) is discovered to be deaf. Glenn’s music can’t be born, and now his son is born without music. He will never be able to share his passion with his child. He learns just a little bit of sign, is dismissive of the boy’s dreams, and drifts further away from his family to settle into a puddle of bitterness, regrets, and unfulfilled desires. John Lennon’s death provides the catalyst for Cole’s confrontation with Glenn, forcing the father to understand that the gulf between them is an artificial one, perpetuated by the unwillingness to try. Any other disability could not have had the same effect in this story. Other films in this category include: Ramblin’ RoseBabelThe Heart Is a Lonely HunterA Code Unkown Deafness as a Symbolic Commentary on Society Sometimes films show deafness in a different country, during another era, and audiences receive a fictionalized representation of what life might have been like before these more enlightened times. The inability to hear and/or speak can also represent the more generalized powerlessness that a culture or a society’s disenfranchised experience. The Chinese masterpiece To Live (1994) provides historical and political reasons for Fenxi’s deafness—her father was a political prisoner whose prolonged absence brought hardship and untended illness. Later, the chaotic political situation which resulted in a lack of qualified doctors led to her death. In between these scenes the audience sees how her parents arrange a marriage with another ‘handicapped’ comrade of the town. Those citizens deemed to be crippled or outcast have different overt rights and treatment. The 1996 film Illtown presents the character of a very young teenage boy to represent the powerlessness of youth in America. David has absolutely no say in where he can live, with whom he can live, and the decisions made all around him. When he is apprehended after a stolen car chase, his frustration at his and all of his generation’s predicament in the face of a crumbling world is pounded out on the steering wheel as the police cars circle him. He is caged, and without the ability to communicate. Were he to have a voice, the overall sense of the film and his situation is that he would be misunderstood anyway. Other films in this category include: Stille Liebe (Germany)RidiculeIn the Company of Men Let Your Fingers Do the ‘Talking’ I use this heading to describe films where sign language is used by a deaf character to express something that a main hearing character can’t (or won’t) self-generate. It is a clever device which employs a silent language to create a communication symbiosis: Someone asks a hearing person who knows sign what that deaf person just said, and the hearing person must voice what he or she truly feels, and yet is unable to express voluntarily. The deaf person is capable of expressing the feeling, but must rely upon the hearing person to disseminate the message. And so, the words do emanate from the mouth of the person who means them, albeit self-consciously, unwillingly. Jerry Maguire (1996) provides a signed foreshadowing of character metamorphosis and development, which is then voiced for the hearing audience. Jerry and Dorothy have just met, resigned from their jobs in solidarity and rebellion, and then step into an elevator to begin a new phase of their lives. Their body language identifies them as separate, disconnected, and heavily emotionally fortified. An amorous deaf couple enters the elevator and Dorothy translates the deaf man’s signs as, ‘You complete me.’ The sentiment is strong and a glaring contrast to Jerry and Dorothy’s present dynamic. In the end, Jerry repeats this exact phrase to her, and means it with all his heart. We are all made aware of just how far they have traveled emotionally. They have become the couple in the elevator. Other films in this category include: Four Weddings and a FuneralKnowing Conclusion This has been a cursory glance at examining the narrative raison d’etre for the presence of a deaf character in story lines where no discussion of deafness is articulated. A film’s plot may necessitate hearing-impairment or deafness to successfully execute certain gimmickry, provide a sense of danger, or relational tension. The underlying themes and motifs may revolve around loneliness, alienation, or outwardly imposed solitude. The character may have a subconscious desire to literally shut out the world of sound. The properties of sign language itself can be exploited for subtle, undetectable conversations to assure the safety of hearing characters. Deaf people have lived during all times, in all places, and historical films can portray a slice of what their lives may have been like. I hope readers will become more aware of deaf characters on the screen, and formulate more theories as to where they fit in the literary/narrative schema. ReferencesMaltin, Leonard. Leonard Maltin’s 2009 Movie Guide. Penguin Group, 2008.Shuchman, John S. Hollywood Speaks. Urbana and Chicago: University of Illinois Press, 1988. Filmography Babel. Dir. Alejandro Gonzalez Inarritu. Central Films, 2006. DVD. Bangkok Dangerous. Dir. Pang Brothers. Film Bangkok, 1999. VHS. Beyond Silence. Dir. Caroline Link. Miramax Films, 1998. DVD. Children of a Lesser God. Dir. Randa Haines. Paramount Pictures, 1985. DVD. A Code Unknown. Dir. Michael Heneke. MK2 Editions, 2000. DVD. Compensation. Dir. Zeinabu Irene Davis. Wimmin with a Mission Productions, 1999. VHS. Crazy Moon. Dir. Allan Eastman. Allegro Films, 1987. VHS. The Family Stone. Dir. Mike Bezucha. 20th Century Fox, 2005. DVD. Four Weddings and a Funeral. Dir. Mike Newell. Polygram Film Entertainment, 1994. DVD. Gas, Food, Lodging. Dir. Allison Anders. IRS Media, 1992. DVD. The Good Shepherd. Dir. Robert De Niro. Morgan Creek, TriBeCa Productions, American Zoetrope, 2006. DVD. Grand Canyon. Dir. Lawrence Kasdan, Meg Kasdan. 20th Century Fox, 1991. DVD. Hear No Evil. Dir. Robert Greenwald. 20th Century Fox, 1993. DVD. The Heart Is a Lonely Hunter. Dir. Robert Ellis Miller. Warner Brothers, 1968. DVD. Huck Finn. Stephen Sommers. Walt Disney Pictures, 1993. VHS. I Don’t Want to Talk about It. Dir. Maria Luisa Bemberg. Mojame Productions, 1994. DVD. Knowing. Dir. Alex Proyas. Escape Artists, 2009. DVD. Illtown. Dir. Nick Gomez. 1998. VHS. In the Company of Men. Dir. Neil LaBute. Alliance Atlantis Communications,1997. DVD. It’s a Wonderful Life. Dir. Frank Capra. RKO Pictures, 1947. DVD. Jerry Maguire. Dir. Cameron Crowe. TriSTar Pictures, 1996. DVD. Johnny Belinda. Dir. Jean Nagalesco. Warner Brothers Pictures, 1948. DVD. Kung Fu Hustle. Dir. Stephen Chow. Film Production Asia, 2004. DVD. Liar, Liar. Dir. Tom Shadyac. Universal Pictures, 1997. DVD. Looking for Mr. Goodbar. Dir. Richard Brooks. Paramount Miracle on 34th Street. Dir. Les Mayfield. 20th Century Fox, 1994. DVD. Mr. Holland’s Opus. Dir. Stephen Hereck. Hollywood Pictures, 1996. DVD Murder by Death. Dir. Robert Moore. Columbia Pictures, 1976. VHS. Nashville. Dir. Robert Altman. Paramount Pictures, 1975. DVD. One Flew over the Cuckoo’s Nest. Dir. Milos Forman. United Artists, 1975. DVD. The Perfect Circle. Dir. Ademir Kenovic. 1997. DVD. Psych Out. Dir. Richard Rush. American International Pictures, 1968. DVD. The Quiet. Dir. Jamie Babbit. Sony Pictures Classics, 2005. DVD. Ramblin’ Rose. Dir. Martha Coolidge. Carolco Pictures, 1991. DVD. Read My Lips. Dir. Jacques Audiard. Panthe Films, 2001. DVD. Requiem for a Dream. Dir. Darren Aronofsky. Artisan Entertainment, 2000. DVD. Ridicule. Dir. Patrice Laconte. Miramax Films, 1996. DVD. The River Wild. Dir. Curtis Hanson. Universal Pictures, 1995. DVD. See No Evil, Hear No Evil. Dir. Arthur Hiller. TriSTar Pictures,1989. DVD. The Shop on Main Street. Dir. Jan Kadar, Elmar Klos. Barrandov Film Studio, 1965. VHS. Stille Liebe. Dir. Christoph Schaub. T and C Film AG, 2001. DVD. Suspect. Dir. Peter Yates. Tri-Star Pictures, 1987. DVD. Sympathy for Mr. Vengeance. Dir. Park Chan-wook. CJ Entertainments, Tartan Films, 2002. DVD. There Will Be Blood. Dir. Paul Thomas Anderson. Paramount Vantage, Miramax Films, 2007. DVD. To Live. Dir. Zhang Yimou. Shanghai Film Studio and ERA International, 1994. DVD. What the Bleep Do We Know?. Dir. Willam Arntz, Betsy Chasse, Mark Vicente. Roadside Attractions, 2004. DVD.
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Lindop, Samantha Jane. "The Homme Fatal and the Subversion of Suspicion in Mr Brooks and The Killer Inside Me." M/C Journal 15, no. 1 (September 13, 2011). http://dx.doi.org/10.5204/mcj.379.

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The femme fatale of film noir has come to be regarded as an expression or symptom of male paranoia about the shifting dynamics of gendered power relations in patriarchal Western culture. This theoretical perspective is influenced by Freudian psychoanalytic theory, which, according to philosopher Paul Ricoeur, is grounded in the “School of Suspicion” because it sees consciousness as false, an illusion shrouding darker, disturbing truths (Ricoeur 33). However, while the femme fatale has become firmly established as a subject of suspicion, her male incarnation, the homme fatal, has generally been overlooked and any research that has been done on the figure to date has attempted to align him with the same latent anxieties as those underpinning the femme fatale. I will explore the validity of this assumption by examining the neo-noir films Mr Brooks (Bruce A. Evans, 2007) and The Killer Inside Me (Michael Winterbottom, 2010). Earl Brooks (Kevin Costner), the eponymous character in Mr Brooks, is a husband, father, extremely wealthy and successful businessman, philanthropist, and Portland Chamber of Commerce man of the year. But this homme fatal character is also a “deadly man” who has a powerful addiction to serial murder. On the one hand Earl enjoys killing immensely, but the rational, logical part of his mind tells him that he should stop before he gets caught. This creates an internal battle which is played out on screen, with these two sides of Earl’s psyche portrayed by two different people: realistic Earl and reckless, indulgent Marshall (William Hurt). In The Killer Inside Me, Deputy Sheriff and homme fatal Lou Ford (Casey Affleck) narrates the tale of how he came to be a brutal and sadistic serial killer, offering a variety of psychoanalytically grounded reasons and excuses for his despicable behaviour that ultimately leave the audience no more enlightened about his state of mind at the end of the film than at the beginning. I will argue that these figures are problematic within the context of Ricoeur’s theory of suspicion and that the self-reflexive insight and knowledge of Freudian theory depicted by these hommes fatals suggests that the construct cannot be read merely as a male incarnation of the femme fatale. Rather than being a subject or object of paranoid expression, I contend that the homme fatal is instead a catalyst for it. Psychoanalysis and the School of SuspicionThe premise of Freudian theory is that our consciousness is just the surface of our mental apparatus, and that hidden underneath in the unconscious part of our mind is a vast body of other material such as fears and desires that we have repressed because they are too disturbing for the conscious mind to contend with. Although we are unaware of these buried emotions they still impact upon our lives, surfacing in the form of neurotic symptoms (Freud 357–58). For Freud, the latent content of the psyche can be brought to the fore through psychoanalysis and by accessing and understanding unpalatable truths, the manifest symptoms they create can be alleviated (358). Thus, for Ricoeur psychoanalysis functions as a “demystification of meaning” (32) because it seeks to explain irrational symptoms. Ricoeur argues that Freud and fellow theorists Karl Marx and Friedrich Nietzsche are “masters of suspicion” (35) because of their common view of consciousness as false, opening the path for critical interpretation as an “exercise of suspicion” (33). However, suspicious interpretation is not just a practice for mental health practitioners and philosophers. It also has an established history as a method for exploring the relationship between socio-cultural anxieties and their expression in film and popular culture. According to literary theorist Rita Felski, the popularity of the use of psychoanalysis to study culture is partly inspired by the deeply ingrained and taken-for-granted nature of Freudian schemata (5), but a suspicious analysis also brings with it a form of substantive pleasure: “a sense of prowess in the exercise of ingenious interpretation, the satisfying economy and elegance of explanatory patterns; the gratifying charge of inciting surprise or admiration in fellow readers” (Felski 18). In film theory psychoanalysis is a well-recognised way of exploring underlying socio-cultural fears and anxieties that manifest on screen through visual and narrative depictions. The Femme Fatale and SuspicionThe femme fatale of film noir is a popular subject for suspicious interpretation by feminist film scholars including Mary Ann Doane, Elisabeth Bronfen, Pam Cook, and Kate Stables. Her beautiful, powerfully seductive exterior juxtaposed with a cold, cunning, and ruthless interior has earned the femme fatale a reputation as a manifestation of male fears about female sexuality and feminism (Doane 3). As Bronfen asserts: “One could speak of her as a male fantasy, articulating both fascination for the sexually aggressive woman, as well as anxieties about female domination” (106). In classic film noir of the 1940s and 1950s the femme fatale is generally considered to represent a projection of paranoid male fears over increased economic and sexual independence of women generated by World War II (Cook 70). Similarly, in neo-noir productions such as Basic Instinct (Paul Verhoeven, 1992) and The Last Seduction (John Dahl, 1994), the femme fatale is seen to function as an expression of anxiety over the postmodern collapse of traditional roles governing sexual difference occasioned by second-wave feminist movements, along with an increased presence of women in the public sphere (Stables 167). For example, in both Basic Instinct and The Last Seduction the femmes fatales are successful businesswomen who are also ruthless killers with an insatiable appetite for sex, wealth, and power. The Homme FatalWhile the femme fatale has been prowling around the dark alleys of noir, another deadly creature, the homme fatal, has also been skulking in the cinematic landscape. He can be found in early thrillers such as Alfred Hitchcock’s 1941 classic Suspicion, George Cukor’s Gaslight (1944), Experiment Perilous (Jacques Tourner, 1944), and A Kiss Before Dying (Gerd Oswald, 1956). He can also be located in many neo-noir thrillers including Blue Steel (Kathryn Bigelow, 1990), Internal Affairs (Mike Figgis, 1990), Guilty as Sin (Sidney Lumet, 1993), In The Cut (Jane Campion, 2003), Twisted (Phillip Kaufman, 2004), Taking Lives (J.D. Caruso, 2004), as well as Mr Brooks and The Killer Inside Me. One of the few scholars to examine the homme fatal from a psychoanalytic perspective is Margaret Cohen. In her paper “The ‘Homme Fatal,’ the Phallic Father, and the New Man” Cohen explores breakdown of gender divisions to emerge in neo-noir thrillers of the 1980s and 1990s, which saw a popular movement towards films featuring a female investigator pitted against a deadly male (for example, Internal Affairs, Blue Steel, and Guilty as Sin). Focusing on Internal Affairs, Cohen contends that corrupt cop and homme fatal Dennis Peck (Richard Gere) is a “larger-than-life alternative to the femme fatale” (113). Like the deadly woman, Peck has no morals, he is obsessed with power and wealth, and has no qualms about employing his sex appeal or collapsing sexual intimacy into business in order to get what he wants (Cohen 115–16). According to Cohen, just as the femme fatale is a manifestation of male paranoia about social transformations of gendered power, Internal Affairs crystallises male anxieties about the transformations in gender roles and the place of the new man in 1980s and 1990s postmodern culture (114). However, while hommes fatals such as Dennis Peck can be aligned with the femme fatale as a subject or object of psychoanalytic interpretation regarding repressed fears, other hommes fatals subvert such an analysis through their predisposed insight into psychoanalytic theory and suspicious interpretation. Aside from the films Mr Brooks and The Killer Inside Me, which I will explore in detail in the coming section, the hommes fatals in Gaslight and Experiment Perilous display a knowledge of Freudian theory, using it to convince their female victims that they are insane, and in Taking Lives the homme fatal uses his psychological prowess to fool a female FBI behavioural specialist assigned to profile him. The psychoanalytical insight depicted by these deadly men is something the femme fatale is not ordinarily privy to (with the exception of Catherine Trammell [Sharon Stone] in Basic Instinct, who has a degree in psychology). This suggests that the homme fatal is not simply a male incarnation of the female archetype, but rather a figure with a certain insight into latent socio-cultural anxieties who deliberately sabotages suspicious interpretation. Pleasure, Subversion, and the Homme Fatal Part of the pleasure of a suspicious analysis of a text is that it allows the critical theorist to act as a detective—“solving mysteries, nailing down answers, piecing together a coherent narrative, explaining away ambiguity through interpretation of clues” (Felski 13). However, in The Killer Inside Me, homme fatal Lou Ford subverts this process, using his knowledge of psychoanalysis in a way that prevents him from being subject to suspicious interpretation. In her paper on the source text from which Winterbottom’s film was adapted, “Being’s Wound: (Un) Explaining Evil in Jim Thompson’s The Killer Inside Me,” literary theorist Dorothy Clark argues that “if Lou Ford provides a Grand Narrative, it is one in which he uses the appearance/reality outer/inner world motif to pitch to us a too-apparent Freudian psychoanalytic explanation for his actions” (54). A suspicious reading of The Killer Inside Me is disrupted and subverted by Lou’s employment of a psychoanalytic model to explain what he calls “the sickness.” By offering up a rational explanation for his otherwise irrational behaviour and grounding it in suspicion, Lou continually constructs and then deconstructs the narrative in such a way that it “conceals rather than reveals, continually eluding containment and definition” (Clark 59). According to Clark (51), what distinguishes The Killer Inside Me from the standard detective narrative is that rather than progressing from a state of enigma to one of knowledge, the story eludes knowledge, becoming increasingly complex and uncertain. Although Clark’s discussion focuses on the hard-boiled novel by Jim Thompson (1952), her observations about the character of Lou Ford are equally relevant to the 2010 neo-noir cinematic remake, which is a direct adaptation of the original novel. (Many classic films noir are reworkings of hard-boiled novels. For example, director Robert Montgomery’s 1947 film The Lady in the Lake was based on a novel originally written in 1943 by Raymond Chandler.) In the film The Killer Inside Me, as in the novel, Lou pragmatically detaches himself from his behaviour, and his dialogue creates a continuous state of puzzlement and perplexity that constantly undermines any attempt at understanding through interpretation. In Mr Brooks, any effort at a suspicious reading is equally well thwarted, but the strategy employed is the polar opposite to that used in The Killer Inside Me. In a more conventional “whodunit” narrative structure, Brooks, known as the “thumbprint killer,” might be presented as a mystery. The audience might be provided with the same clues and limited insights that Detective Atwood (Demi Moore) is given, embarking on the same journey of reconstruction, conjecture, and interpretation that she does. A picture might gradually emerge about the killer: his motivations, his rationale, what his fetishes and weak points are, and ultimately, who he is. Instead, the audience is presented not only with the identity of the killer, but the inner-most workings of his mind. According to psychoanalytic theorists, the psychical mechanism that cuts off unpleasant repressed material, blocking it from entering and disrupting the consciousness, is the ego. For Freud, the ego responds to the external world and is grounded in common sense, control, planning, and intellectual rationale (“Ego & Id” 363). However, the repressed can still communicate with the ego through the id. The psychical id is where the powerful pleasure principle reigns unrestricted; it is the primitive, infantile part of the mind in which immediate satisfaction is all that counts, despite the ego’s best attempts to “bring the influence of the external world to bear upon the id and its tendencies” (Freud, “Ego & Id” 363). For Freud, the psyche also contains a third element—the super-ego, a portion of the ego that sets itself over the rest of the ego, creating a tension that is felt consciously as a sense of guilt (Freud, “Ego & Super-Ego” 374). It is a part of Earl’s psyche that only surfaces when he realises that his daughter may have inherited the same killing impulses as him. In Mr Brooks, Marshall represents Earl’s id. He is like an evil clown, set up in opposition to the controlled, methodical, and sensible Earl, whose primary concern is that he might get caught. All Marshall wants to do is have “fun.” With pleasure his sole preoccupation, much of the film centres on the various levels of conflict between Earl and Marshall. Sometimes they are like best friends, laughing together, united in their pursuit of pleasure; at other times, when Earl tries to ignore Marshall or control him by attending Alcoholics Anonymous meetings (without revealing the nature of his own addiction), it becomes a battle of wills, with Marshall trying to undermine, goad, and torment Earl into giving in to his impulses. Early in the film Marshall’s persistence pays off when Earl breaks his two-year drought and surrenders to Marshall, indulging in the pure ecstasy of murder. Here, the play between the two characters clearly represents the psychical interaction between the ego and the id. This interplay provides the audience with seemingly transparent insight into the latent mechanisms of Earl’s psyche, eluding enigma entirely and jumping straight into knowledge of the most intimate kind. One cannot speculate about Earl’s latent thoughts because they are there, laid bare on the screen. Further, Earl makes no apologies for his behaviour. He kills because he likes and enjoys it, period, a fact that Marshall is continually reminding him of. His desire to stop is motivated only by the logical, rational, common sense part of his psyche, his ego. Despite the two different approaches to the subject of the killer inside them, both Earl and Lou manage to successfully subvert a suspicious analysis and with it the pleasure to be found in such an investigation. Lou does so by playing games with the audience’s assumptions that there is an underlying reason for his behaviour, expending a great deal of energy providing psychoanalytically grounded excuses for it: he is the victim of childhood sexual trauma, a victim of elemental human passion, he has dementia praecox, he has paranoid schizophrenia, he wants revenge, he is a flower misplaced and wrongly labelled a weed, or perhaps he is just cold-blooded and as smart as hell (Clark 46–49). Mr Brooks, on the other hand, cuts right through all the diversionary tactics and gets straight to the core of what really motivates Earl—a raw instinctual desire for pleasure. Conclusion In feminist film theory (and Western culture in general) suspicious interpretation has become a deeply ingrained and almost taken-for-granted way of understanding meaning. Part of the popularity of a suspicious analysis is the pleasure readers/viewers/critics find in the mystery-solving process of interpretation and the chance to act as detective. However, the neo-noir thrillers Mr Brooks and The Killer Inside Me exhibit a self-reflexive insight into Freudian theory, the school of suspicion, and the assumptions that accompany it, using that knowledge to deliberately subvert the opportunity for suspicious analysis. Lou plays guessing games with the audience’s desire to solve the riddle of his psyche, generating his own pleasure in the process. In Mr Brooks the audience is denied the opportunity for speculation when it comes to Earl’s mind because the innermost workings of it are laid bare for all to see, leaving no room for interpretation. The only pleasure to be had is Earl’s—the raw and brutal pleasure of killing. In patriarchal Western society the femme fatale is considered to be symptomatic of male paranoia surrounding the breakdown of gender difference and power relations. While, as Cohen suggests, this may also be true of the homme fatal, the figure’s propensity to undermine understanding through psychoanalysis suggests that as a male manifestation of male paranoia the construct of the homme fatal is an insightful catalyst of fear rather than a subject or object of it. ReferencesA Kiss Before Dying. Dir. Gerd Oswald, 1956.Blue Steel. Dir. Kathryn Bigelow, 1990.Bronfen, Elisabeth. “Femme Fatale: Negotiations of Tragic Desire.” New Literary History. 35.1 (2004): 103–16. Clark, Dorothy. “Being’s Wound: (Un) Explaining Evil in Jim Thompson’s The Killer Inside Me.” The Journal of Popular Culture. 42.1 (2009): 49–65. Cohen, Margaret. “The ‘Homme Fatal,’ the Phallic Father, and the New Man.” Cultural Critique. 23 (1992–93): 111–36. Copjec, Joan. Shades of Noir: A Reader. New York: Verso, 1993. Doane, Mary Ann. Femme Fatales: Feminism, Film Theory, Psychoanalysis. New York: Routledge, 1991. Experiment Perilous. Dir. Jacques Tourner. RKO, 1944.Felski, Rita. “Suspicious Minds.” Poetics Today. 32.2 (2011) 215–34. Freud, Sigmund. On Metapsychology: The Theory of Psychoanalysis, Beyond the Pleasure Principle, The Ego and the Id and Other Works. London: Penguin, 1991. Gaslight. Dir. George Cukor. MGM, 1944.Guilty as Sin. Dir. Sidney Lumet. Hollywood Pictures, 1993.Internal Affairs. Dir. Mike Figgis. Paramount Pictures, 1990.In The Cut. Dir. Jane Campion. Screen Gems / Columbia Pictures, 2003.Killer Inside Me, The. Dir. Michael Winterbottom. Icon, 2010.Mr Brooks. Dir. Bruce A. Evans. Metro – Goldwyn – Mayer, 2007.Ricoeur, Paul. Freud and Philosophy: An Essay on Interpretation. New Haven: Yale UP, 1970. Spicer, Andrew. Film Noir. Harlow: Pearson Education, 2002. Suspicion. Dir. Alfred Hitchcock. RKO, 1941.Taking Lives. Dir. D. J. Caruso. Warner Brothers, 2004.Thompson, Jim. The Killer Inside Me. London: Orion, 2006.
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Morrison, Susan Signe. "Walking as Memorial Ritual: Pilgrimage to the Past." M/C Journal 21, no. 4 (October 15, 2018). http://dx.doi.org/10.5204/mcj.1437.

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This essay combines life writing with meditations on the significance of walking as integral to the ritual practice of pilgrimage, where the individual improves her soul or health through the act of walking to a shrine containing healing relics of a saint. Braiding together insights from medieval literature, contemporary ecocriticism, and memory studies, I reflect on my own pilgrimage practice as it impacts the land itself. Canterbury, England serves as the central shrine for four pilgrimages over decades: 1966, 1994, 1997, and 2003.The act of memory was not invented in the Anthropocene. Rather, the nonhuman world has taught humans how to remember. From ice-core samples retaining the history of Europe’s weather to rocks embedded with fossilized extinct species, nonhuman actors literally petrifying or freezing the past—from geologic sites to frozen water—become exposed through the process of anthropocentric discovery and human interference. The very act of human uncovery and analysis threatens to eliminate the nonhuman actor which has hospitably shared its own experience. How can humans script nonhuman memory?As for the history of memory studies itself, a new phase is arguably beginning, shifting from “the transnational, transcultural, or global to the planetary; from recorded to deep history; from the human to the nonhuman” (Craps et al. 3). Memory studies for the Anthropocene can “focus on the terrestrialized significance of (the historicized) forms of remembrance but also on the positioning of who is remembering and, ultimately, which ‘Anthropocene’ is remembered” (Craps et al. 5). In this era of the “self-conscious Anthropocene” (Craps et al. 6), narrative itself can focus on “the place of nonhuman beings in human stories of origins, identity, and futures point to a possible opening for the methods of memory studies” (Craps et al. 8). The nonhuman on the paths of this essay range from the dirt on the path to the rock used to build the sacred shrine, the ultimate goal. How they intersect with human actors reveals how the “human subject is no longer the one forming the world, but does indeed constitute itself through its relation to and dependence on the object world” (Marcussen 14, qtd. in Rodriguez 378). Incorporating “nonhuman species as objects, if not subjects, of memory [...] memory critics could begin by extending their objects to include the memory of nonhuman species,” linking both humans and nonhumans in “an expanded multispecies frame of remembrance” (Craps et al. 9). My narrative—from diaries recording sacred journey to a novel structured by pilgrimage—propels motion, but also secures in memory events from the past, including memories of those nonhuman beings I interact with.Childhood PilgrimageThe little girl with brown curls sat crying softly, whimpering, by the side of the road in lush grass. The mother with her soft brown bangs and an underflip to her hair told the story of a little girl, sitting by the side of the road in lush grass.The story book girl had forgotten her Black Watch plaid raincoat at the picnic spot where she had lunched with her parents and two older brothers. Ponchos spread out, the family had eaten their fresh yeasty rolls, hard cheese, apples, and macaroons. The tin clink of the canteen hit their teeth as they gulped metallic water, still icy cold from the taps of the ancient inn that morning. The father cut slices of Edam with his Swiss army knife, parsing them out to each child to make his or her own little sandwich. The father then lay back for his daily nap, while the boys played chess. The portable wooden chess set had inlaid squares, each piece no taller than a fingernail paring. The girl read a Junior Puffin book, while the mother silently perused Agatha Christie. The boy who lost at chess had to play his younger sister, a fitting punishment for the less able player. She cheerfully played with either brother. Once the father awakened, they packed up their gear into their rucksacks, and continued the pilgrimage to Canterbury.Only the little Black Watch plaid raincoat was left behind.The real mother told the real girl that the story book family continued to walk, forgetting the raincoat until it began to rain. The men pulled on their ponchos and the mother her raincoat, when the little girl discovered her raincoat missing. The story book men walked two miles back while the story book mother and girl sat under the dripping canopy of leaves provided by a welcoming tree.And there, the real mother continued, the storybook girl cried and whimpered, until a magic taxi cab in which the father and boys sat suddenly appeared out of the mist to drive the little girl and her mother to their hotel.The real girl’s eyes shone. “Did that actually happen?” she asked, perking up in expectation.“Oh, yes,” said the real mother, kissing her on the brow. The girl’s tears dried. Only the plops of rain made her face moist. The little girl, now filled with hope, cuddled with her mother as they huddled together.Without warning, out of the mist, drove up a real magic taxi cab in which the real men sat. For magic taxi cabs really exist, even in the tangible world—especially in England. At the very least, in the England of little Susie’s imagination.Narrative and PilgrimageMy mother’s tale suggests how this story echoes in yet another pilgrimage story, maintaining a long tradition of pilgrimage stories embedded within frame tales as far back as the Middle Ages.The Christian pilgrim’s walk parallels Christ’s own pilgrimage to Emmaus. The blisters we suffer echo faintly the lash Christ endured. The social relations of the pilgrim are “diachronic” (Alworth 98), linking figures (Christ) from the past to the now (us, or, during the Middle Ages, William Langland’s Piers Plowman or Chaucer’s band who set out from Southwark). We embody the frame of the vera icon, the true image, thus “conjur[ing] a site of simultaneity or a plane of immanence where the actors of the past [...] meet those of the future” (Alworth 99). Our quotidian walk frames the true essence or meaning of our ambulatory travail.In 1966, my parents took my two older brothers and me on the Pilgrims’ Way—not the route from London to Canterbury that Chaucer’s pilgrims would have taken starting south of London in Southwark, rather the ancient trek from Winchester to Canterbury, famously chronicled in The Old Road by Hilaire Belloc. The route follows along the south side of the Downs, where the muddy path was dried by what sun there was. My parents first undertook the walk in the early 1950s. Slides from that pilgrimage depict my mother, voluptuous in her cashmere twinset and tweed skirt, as my father crosses a stile. My parents, inspired by Chaucer’s Canterbury Tales, decided to walk along the traditional Pilgrims’ Way to Canterbury. Story intersects with material traversal over earth on dirt-laden paths.By the time we children came along, the memories of that earlier pilgrimage resonated with my parents, inspiring them to take us on the same journey. We all carried our own rucksacks and walked five or six miles a day. Concerning our pilgrimage when I was seven, my mother wrote in her diary:As good pilgrims should, we’ve been telling tales along the way. Yesterday Jimmy told the whole (detailed) story of That Darn Cat, a Disney movie. Today I told about Stevenson’s Travels with a Donkey, which first inspired me to think of walking trips and everyone noted the resemblance between Stevenson’s lovable, but balky, donkey and our sweet Sue. (We hadn’t planned to tell tales, but they just happened along the way.)I don’t know how sweet I was; perhaps I was “balky” because the road was so hard. Landscape certainly shaped my experience.As I wrote about the pilgrimage in my diary then, “We went to another Hotel and walked. We went and had lunch at the Boggly [booglie] place. We went to a nother hotel called The Swan with fether Quits [quilts]. We went to the Queens head. We went to the Gest house. We went to aother Hotle called Srping wells and my tooth came out. We saw some taekeys [turkeys].” The repetition suggests how pilgrimage combines various aspects of life, from the emotional to the physical, the quotidian (walking and especially resting—in hotels with quilts) with the extraordinary (newly sprung tooth or the appearance of turkeys). “[W]ayfaring abilities depend on an emotional connection to the environment” (Easterlin 261), whether that environment is modified by humans or even manmade, inhabited by human or nonhuman actors. How can one model an “ecological relationship between humans and nonhumans” in narrative (Rodriguez 368)? Rodriguez proposes a “model of reading as encounter [...] encountering fictional story worlds as potential models” (Rodriguez 368), just as my mother did with the Magic Taxi Cab story.Taxis proliferate in my childhood pilgrimage. My mother writes in 1966 in her diary of journeying along the Pilgrims’ Way to St. Martha’s on the Hill. “Susie was moaning and groaning under her pack and at one desperate uphill moment gasped out, ‘Let’s take a taxi!’ – our highborn lady as we call her. But we finally made it.” “Martha’s”, as I later learned, is a corruption of “Martyrs”, a natural linguistic decay that developed over the medieval period. Just as the vernacular textures pilgrimage poems in the fourteeth century, the common tongue in all its glorious variety seeps into even the quotidian modern pilgrim’s journey.Part of the delight of pilgrimage lies in the characters one meets and the languages they speak. In 1994, the only time my husband and I cheated on a strictly ambulatory sacred journey occurred when we opted to ride a bus for ten miles where walking would have been dangerous. When I ask the bus driver if a stop were ours, he replied, “I'll give you a shout, love.” As though in a P. G. Wodehouse novel, when our stop finally came, he cried out, “Cheerio, love” to me and “Cheerio, mate” to Jim.Language changes. Which is a good thing. If it didn’t, it would be dead, like those martyrs of old. Like Latin itself. Disentangling pilgrimage from language proves impossible. The healthy ecopoetics of languages meshes with the sustainable vibrancy of the land we traverse.“Nettles of remorse…”: Derek Walcott, The Bounty Once my father had to carry me past a particularly tough patch of nettles. As my mother tells it, we “went through orchards and along narrow woodland path with face-high nettles. Susie put a scarf over her face and I wore a poncho though it was sunny and we survived almost unscathed.” Certain moments get preserved by the camera. At age seven in a field outside of Wye, I am captured in my father’s slides surrounded by grain. At age thirty-five, I am captured in film by my husband in the same spot, in the identical pose, though now quite a bit taller than the grain. Three years later, as a mother, I in turn snap him with a backpack containing baby Sarah, grumpily gazing off over the fields.When I was seven, we took off from Detling. My mother writes, “set off along old Pilgrims’ Way. Road is paved now, but much the same as fifteen years ago. Saw sheep, lambs, and enjoyed lovely scenery. Sudden shower sent us all to a lunch spot under trees near Thurnham Court, where we huddled under ponchos and ate happily, watching the weather move across the valley. When the sun came to us, we continued on our way which was lovely, past sheep, etc., but all on hard paved road, alas. Susie was a good little walker, but moaned from time to time.”I seem to whimper and groan a lot on pilgrimage. One thing is clear: the physical aspects of walking for days affected my phenomenological response to our pilgrimage which we’d undertaken both as historical ritual, touristic nature hike, and what Wendell Berry calls a “secular pilgrimage” (402), where the walker seeks “the world of the Creation” (403) in a “return to the wilderness in order to be restored” (416). The materiality of my experience was key to how I perceived this journey as a spiritual, somatic, and emotional event. The link between pilgrimage and memory, between pilgrimage poetics and memorial methods, occupies my thoughts on pilgrimage. As Nancy Easterlin’s work on “cognitive ecocriticism” (“Cognitive” 257) contends, environmental knowledge is intimately tied in with memory (“Cognitive” 260). She writes: “The advantage of extensive environmental knowledge most surely precipitates the evolution of memory, necessary to sustain vast knowledge” (“Cognitive” 260). Even today I can recall snatches of moments from that trip when I was a child, including the telling of tales.Landscape not only changes the writer, but writing transforms the landscape and our interaction with it. As Valerie Allen suggests, “If the subject acts upon the environment, so does the environment upon the subject” (“When Things Break” 82). Indeed, we can understand the “road as a strategic point of interaction between human and environment” (Allen and Evans 26; see also Oram)—even, or especially, when that interaction causes pain and inflames blisters. My relationship with moleskin on my blasted and blistered toes made me intimately conscious of my body with every step taken on the pilgrimage route.As an adult, my boots on the way from Winchester to Canterbury pinched and squeezed, packed dirt acting upon them and, in turn, my feet. After taking the train home and upon arrival in London, we walked through Bloomsbury to our flat on Russell Square, passing by what I saw as a new, less religious, but no less beckoning shrine: The London Foot Hospital at Fitzroy Square.Now, sadly, it is closed. Where do pilgrims go for sole—and soul—care?Slow Walking as WayfindingAll pilgrimages come to an end, just as, in 1966, my mother writes of our our arrival at last in Canterbury:On into Canterbury past nice grassy cricket field, where we sat and ate chocolate bars while we watched white-flannelled cricketers at play. Past town gates to our Queen’s Head Inn, where we have the smallest, slantingest room in the world. Everything is askew and we’re planning to use our extra pillows to brace our feet so we won’t slide out of bed. Children have nice big room with 3 beds and are busy playing store with pounds and shillings [that’s very hard mathematics!]. After dinner, walked over to cathedral, where evensong was just ending. Walked back to hotel and into bed where we are now.Up to early breakfast, dashed to cathedral and looked up, up, up. After our sins were forgiven, we picked up our rucksacks and headed into London by train.This experience in 1966 varies slightly from the one in 1994. Jim and I walk through a long walkway of tall, slim trees arching over us, a green, lush and silent cloister, finally gaining our first view of Canterbury with me in a similar photo to one taken almost thirty years before. We make our way into the city through the West Gate, first passing by St. Dunstan’s Church where Henry II had put on penitential garb and later Sir Thomas More’s head was buried. Canterbury is like Coney Island in the Middle Ages and still is: men with dreadlocks and slinky didjeridoos, fire tossers, mobs of people, tourists. We go to Mercery Lane as all good pilgrims should and under the gate festooned with the green statue of Christ, arriving just in time for evensong.Imagining a medieval woman arriving here and listening to the service, I pray to God my gratefulness for us having arrived safely. I can understand the fifteenth-century pilgrim, Margery Kempe, screaming emotionally—maybe her feet hurt like mine. I’m on the verge of tears during the ceremony: so glad to be here safe, finally got here, my favorite service, my beloved husband. After the service, we pass on through the Quire to the spot where St. Thomas’s relic sanctuary was. People stare at a lit candle commemorating it. Tears well up in my eyes.I suppose some things have changed since the Middle Ages. One Friday in Canterbury with my children in 2003 has some parallels with earlier iterations. Seven-year-old Sarah and I go to evensong at the Cathedral. I tell her she has to be absolutely quiet or the Archbishop will chop off her head.She still has her head.Though the road has been paved, the view has remained virtually unaltered. Some aspects seem eternal—sheep, lambs, and stiles dotting the landscape. The grinding down of the pilgrimage path, reflecting the “slowness of flat ontology” (Yates 207), occurs over vast expanses of time. Similarly, Easterlin reflects on human and more than human vitalism: “Although an understanding of humans as wayfinders suggests a complex and dynamic interest on the part of humans in the environment, the surround itself is complex and dynamic and is frequently in a state of change as the individual or group moves through it” (Easterlin “Cognitive” 261). An image of my mother in the 1970s by a shady tree along the Pilgrims’ Way in England shows that the path is lower by 6 inches than the neighboring verge (Bright 4). We don’t see dirt evolving, because its changes occur so slowly. Only big time allows us to see transformative change.Memorial PilgrimageOddly, the erasure of self through duplication with a precursor occurred for me while reading W.G. Sebald’s pilgrimage novel, The Rings of Saturn. I had experienced my own pilgrimage to many of these same locations he immortalizes. I, too, had gone to Somerleyton Hall with my elderly mother, husband, and two children. My memories, sacred shrines pooling in familial history, are infused with synchronic reflection, medieval to contemporary—my parents’ periodic sojourns in Suffolk for years, leading me to love the very landscape Sebald treks across; sadness at my parents’ decline; hope in my children’s coming to add on to their memory palimpsest a layer devoted to this land, to this history, to this family.Then, the oddest coincidence from my reading pilgrimage. After visiting Dunwich Heath, Sebald comes to his friend, Michael, whose wife Anne relays a story about a local man hired as a pallbearer by the local undertaker in Westleton. This man, whose memory was famously bad, nevertheless reveled in the few lines allotted him in an outdoor performance of King Lear. After her relating this story, Sebald asks for a taxi (Sebald 188-9).This might all seem unremarkable to the average reader. Yet, “human wayfinders are richly aware of and responsive to environment, meaning both physical places and living beings, often at a level below consciousness” (Easterlin “Cognitive” 265). For me, with a connection to this area, I startled with recollection emerging from my subconscience. The pallbearer’s name in Sebald’s story was Mr Squirrel, the very same name of the taxi driver my parents—and we—had driven with many times. The same Mr Squirrel? How many Mr Squirrels can there be in this small part of Suffolk? Surely it must be the same family, related in a genetic encoding of memory. I run to my archives. And there, in my mother’s address book—itself a palimpsest of time with names and addressed scored through; pasted-in cards, names, and numbers; and looseleaf memoranda—there, on the first page under “S”, “Mr. Squirrel” in my mother’s unmistakable scribble. She also had inscribed his phone number and the village Saxmundum, seven miles from Westleton. His name had been crossed out. Had he died? Retired? I don’t know. Yet quick look online tells me Squirrell’s Taxis still exists, as it does in my memory.Making KinAfter accompanying a class on a bucolic section of England’s Pilgrims’ Way, seven miles from Wye to Charing, we ended up at a pub drinking a pint, with which all good pilgrimages should conclude. There, students asked me why I became a medievalist who studies pilgrimage. Only after the publication of my first book on women pilgrims did I realize that the origin of my scholarly, long fascination with pilgrimage, blossoming into my professional career, began when I was seven years old along the way to Canterbury. The seeds of that pilgrimage when I was so young bore fruit and flowers decades later.One story illustrates Michel Serres’s point that we should not aim to appropriate the world, but merely act as temporary tenants (Serres 72-3). On pilgrimage in 1966 as a child, I had a penchant for ant spiders. That was not the only insect who took my heart. My mother shares how “Susie found a beetle up on the hill today and put him in the cheese box. Jimmy put holes in the top for him. She named him Alexander Beetle and really became very fond of him. After supper, we set him free in the garden here, with appropriate ceremony and a few over-dramatic tears of farewell.” He clearly made a great impression on me. I yearn for him today, that beetle in the cheese box. Though I tried to smuggle nature as contraband, I ultimately had to set him free.Passing through cities, landscape, forests, over seas and on roads, wandering by fields and vegetable patches, under a sky lit both by sun and moon, the pilgrim—even when in a group of fellow pilgrims—in her lonesome exercise endeavors to realize Serres’ ideal of the tenant inhabitant of earth. Nevertheless, we, as physical pilgrims, inevitably leave our traces through photos immortalizing the journey, trash left by the wayside, even excretions discretely deposited behind a convenient bush. Or a beetle who can tell the story of his adventure—or terror—at being ensconced for a time in a cheese box.On one notorious day of painful feet, my husband and I arrived in Otford, only to find the pub was still closed. Finally, it became time for dinner. We sat outside, me with feet ensconced in shoes blessedly inert and unmoving, as the server brought out our salads. The salad cream, white and viscous, was presented in an elegantly curved silver dish. Then Jim began to pick at the salad cream with his fork. Patiently, tenderly, he endeavored to assist a little bug who had gotten trapped in the gooey sauce. Every attempt seemed doomed to failure. The tiny creature kept falling back into the gloppy substance. Undaunted, Jim compassionately ministered to our companion. Finally, the little insect flew off, free to continue its own pilgrimage, which had intersected with ours in a tiny moment of affinity. Such moments of “making kin” work, according to Donna Haraway, as “life-saving strateg[ies] for the Anthropocene” (Oppermann 3, qtd. in Haraway 160).How can narrative avoid the anthropocentric centre of writing, which is inevitable given the human generator of such a piece? While words are a human invention, nonhuman entities vitally enact memory. The very Downs we walked along were created in the Cretaceous period at least seventy million years ago. The petrol propelling the magic taxi cab was distilled from organic bodies dating back millions of years. Jurassic limestone from the Bathonian Age almost two hundred million years ago constitutes the Caen stone quarried for building Canterbury Cathedral, while its Purbeck marble from Dorset dates from the Cretaceous period. Walking on pilgrimage propels me through a past millions—billions—of eons into the past, dwarfing my speck of existence. Yet, “if we wish to cross the darkness which separates us from [the past] we must lay down a little plank of words and step delicately over it” (Barfield 23). Elias Amidon asks us to consider how “the ground we dig into and walk upon is sacred. It is sacred because it makes us neighbors to each other, whether we like it or not. Tell this story” (Amidon 42). And, so, I have.We are winding down. Time has passed since that first pilgrimage of mine at seven years old. Yet now, here, I still put on my red plaid wollen jumper and jacket, crisp white button-up shirt, grey knee socks, and stout red walking shoes. Slinging on my rucksack, I take my mother’s hand.I’m ready to take my first step.We continue our pilgrimage, together.ReferencesAllen, Valerie. “When Things Break: Mending Rroads, Being Social.” Roadworks: Medieval Britain, Medieval Roads. Eds. Valerie Allen and Ruth Evans. Manchester: Manchester UP, 2016.———, and Ruth Evans. Introduction. Roadworks: Medieval Britain, Medieval Roads. Eds. Valerie Allen and Ruth Evans. Manchester: Manchester UP, 2016.Alworth, David J. Site Reading: Fiction, Art, Social Form. Princeton: Princeton UP, 2016.Amidon, Elias. “Digging In.” Dirt: A Love Story. Ed. Barbara Richardson. Lebanon, NH: ForeEdge, 2015.Barfield, Owen. History in English Words. Grand Rapids: William B. Eerdmans Publishing, 1967.Berry, Wendell. “A Secular Pilgrimage.” The Hudson Review 23.3 (1970): 401-424.Bright, Derek. “The Pilgrims’ Way Revisited: The Use of the North Downs Main Trackway and the Medway Crossings by Medieval Travelers.” Kent Archaeological Society eArticle (2010): 4-32.Craps, Stef, Rick Crownshaw, Jennifer Wenzel, Rosanne Kennedy, Claire Colebrook, and Vin Nardizzi. “Memory Studies and the Anthropocene: A Roundtable.” Memory Studies 11.4 (2017) 1-18.Easterlin, Nancy. A Biocultural Approach to Literary Theory and Interpretation. Baltimore: Johns Hopkins UP, 2012.———. “Cognitive Ecocriticism: Human Wayfinding, Sociality, and Literary Interpretation.” Introduction to Cognitive Studies. Ed. Lisa Zunshine. Baltimore: Johns Hopkins UP, 2010. 257-274.Haraway, Donna. “Anthropocene, Capitalocene, Plantationocene, Chthulucene: Making Kin.” Environmental Humanities 6 (2015): 159-65.James, Erin, and Eric Morel. “Ecocriticism and Narrative Theory: An Introduction.” English Studies 99.4 (2018): 355-365.Marcussen, Marlene. Reading for Space: An Encounter between Narratology and New Materialism in the Works of Virgina Woolf and Georges Perec. PhD diss. University of Southern Denmark, 2016.Oppermann, Serpil. “Introducing Migrant Ecologies in an (Un)Bordered World.” ISLE 24.2 (2017): 243–256.Oram, Richard. “Trackless, Impenetrable, and Underdeveloped? Roads, Colonization and Environmental Transformation in the Anglo-Scottish Border Zone, c. 1100 to c. 1300.” Roadworks: Medieval Britain, Medieval Roads. Eds. Valerie Allen and Ruth Evans. Manchester: Manchester UP, 2016.Rodriquez, David. “Narratorhood in the Anthropocene: Strange Stranger as Narrator-Figure in The Road and Here.” English Studies 99.4 (2018): 366-382.Savory, Elaine. “Toward a Caribbean Ecopoetics: Derek Walcott’s Language of Plants.” Postcolonial Ecologies: Literatures of the Environment. Eds. Elizabeth DeLoughrey and George B. Handley. Oxford: Oxford UP, 2011. 80-96.Sebald, W.G. The Rings of Saturn. Trans. Michael Hulse. New York: New Directions, 1998.Serres, Michel. Malfeasance: Appropriating through Pollution? Trans. Anne-Marie Feenberg-Dibon. Stanford: Stanford UP, 2011.Walcott, Derek. Selected Poems. Ed. Edward Baugh. New York: Farrar, Straus and Giroux, 1997. 3-16.Yates, Julian. “Sheep Tracks—A Multi-Species Impression.” Animal, Vegetable, Mineral: Ethics and Objects. Ed. Jeffrey Jerome Cohen. Washington, D.C.: Oliphaunt Books, 2012.
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21

Page, John. "Counterculture, Property, Place, and Time: Nimbin, 1973." M/C Journal 17, no. 6 (October 1, 2014). http://dx.doi.org/10.5204/mcj.900.

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Abstract:
Property as both an idea and a practice has been interpreted through the prism of a liberal, law and economics paradigm since at least the 18th century. This dominant (and domineering) perspective stresses the primacy of individualism, the power of exclusion, and the values of private commodity. By contrast, concepts of property that evolved out of the counterculture of the 1960s and early 1970s challenged this hegemony. Countercultural, or Aquarian, ideas of property stressed pre-liberal, long forgotten property norms such as sociability, community, inclusion and personhood, and contested a private uniformity that seemed “totalizing and universalizing” (Blomley, Unsettling 102). This paper situates what it terms “Aquarian property” in the context of emergent property theory in the 1960s and 1970s, and the propertied practices these new theories engendered. Importantly, this paper also grounds Aquarian ideas of property to location. As legal geographers observe, the law inexorably occurs in place as well as time. “Nearly every aspect of law is located, takes place, is in motion, or has some spatial frame of reference” (Braverman et al. 1). Property’s radical yet simultaneously ancient alter-narrative found fertile soil where the countercultural experiment flourished. In Australia, one such place was the green, sub-tropical landscape of the New South Wales Northern Rivers, home of the 1973 Australian Union of Student’s Aquarius Festival at Nimbin. The Counterculture and Property Theory Well before the “Age of Aquarius” entered western youth consciousness (Munro-Clark 56), and 19 years before the Nimbin Aquarius Festival, US legal scholar Felix Cohen defined property in seminally private and exclusionary terms. To the world: Keep off X unless you have my permission, which I may grant or withhold.Signed: Private citizenEndorsed: The state. (374) Cohen’s formula was private property at its 1950s apogee, an unambiguous expression of its centrality to post-war materialism. William Blackstone’s famous trope of property as “that sole and despotic dominion” had become self-fulfilling (Rose, Canons). Why had this occurred? What had made property so narrow and instrumentalist to a private end? Several property theorists identify the enclosure period in the 17th and 18th centuries as seminal to this change (Blomley, Law; Graham). The enclosures, and their discourse of improvement and modernity, saw ancient common rights swept away in favour of the liberal private right. Property diversity was supplanted by monotony, group rights by the individual, and inclusion by exclusion. Common property rights were rights of shared use, traditionally agrarian incidents enjoyed through community membership. However, for the proponents of enclosure, common rights stood in the way of progress. Thus, what was once a vested right (such as the common right to glean) became a “mere practice”, condemned by its “universal promiscuity” and perceptions of vagrancy (Buck 17-8). What was once sited to context, to village and parish, evolved into abstraction. And what had meaning for person and place, “a sense of self; […] a part of a tribe’ (Neeson 180), became a tradable commodity, detached and indifferent to the consequences of its adverse use (Leopold). These were the transformed ideas of property exported to so-called “settler” societies, where colonialists demanded the secure property rights denied to them at home. In the common law tradition, a very modern yet selective amnesia took hold, a collective forgetting of property’s shared and sociable past (McLaren). Yet, property as commodity proved to be a narrow, one-sided account of property, an unsatisfactory “half right” explanation (Alexander 2) that omits inconvenient links between ownership on the one hand, and self and place on the other. Pioneering US conservationist Aldo Leopold detected as much a few years before Felix Cohen’s defining statement of private dominance. In Leopold’s iconic A Sand County Almanac, he wrote presciently of the curious phenomenon of hardheaded farmers replanting selected paddocks with native wildflowers. As if foreseeing what the next few decades may bring, Leopold describes a growing resistance to the dominant property paradigm: I call it Revolt – revolt against the tedium of the merely economic attitude towards land. We assume that because we had to subjugate the land to live on it, the best farm is therefore the one most completely tamed. These […] farmers have learned from experience that the wholly tamed farm offers not only a slender livelihood but a constricted life. (188)By the early 1960s, frustrations over the constrictions of post-war life were given voice in dissenting property literature. Affirming that property is a social institution, emerging ideas of property conformed to the contours of changing values (Singer), and the countercultural zeitgeist sweeping America’s universities (Miller). Thus, in 1964, Charles Reich saw property as the vanguard for a new civic compact, an ambitious “New Property” that would transform “government largess” into a property right to address social inequity. For Joseph Sax, property scholar and author of a groundbreaking citizen’s manifesto, the assertion of public property rights were critical to the protection of the environment (174). And in 1972, to Christopher Stone, it seemed a natural property incident that trees should enjoy equivalent standing to legal persons. In an age when “progress” was measured by the installation of plastic trees in Los Angeles median strips (Tribe), jurists aspired to new ideas of property with social justice and environmental resonance. Theirs was a scholarly “Revolt” against the tedium of property as commodity, an act of resistance to the centuries-old conformity of the enclosures (Blomley, Law). Aquarian Theory in Propertied Practice Imagining new property ideas in theory yielded in practice a diverse Aquarian tenure. In the emerging communes and intentional communities of the late 1960s and early 1970s, common property norms were unwittingly absorbed into their ethos and legal structure (Zablocki; Page). As a “way out of a dead-end future” (Smith and Crossley), a generation of young, mostly university-educated people sought new ways to relate to land. Yet, as Benjamin Zablocki observed at the time, “there is surprisingly little awareness among present-day communitarians of their historical forebears” (43). The alchemy that was property and the counterculture was given form and substance by place, time, geography, climate, culture, and social history. Unlike the dominant private paradigm that was placeless and universal, the tenurial experiments of the counter-culture were contextual and diverse. Hence, to generalise is to invite the problematic. Nonetheless, three broad themes of Aquarian property are discernible. First, property ceased being a vehicle for the acquisition of private wealth; rather it invested self-meaning within a communitarian context, “a sense of self [as] a part of a tribe.” Second, the “back to the land” movement signified a return to the country, an interregnum in the otherwise unidirectional post-enclosure drift to the city. Third, Aquarian property was premised on obligation, recognising that ownership was more than a bundle of autonomous rights, but rights imbricated with a corresponding duty to land health. Like common property and its practices of sustained yield, Aquarian owners were environmental stewards, with inter-connected responsibilities to others and the earth (Page). The counterculture was a journey in self-fulfillment, a search for personal identity amidst the empowerment of community. Property’s role in the counterculture was to affirm the under-regarded notion of property as propriety; where ownership fostered well lived and capacious lives in flourishing communities (Alexander). As Margaret Munro-Clark observed of the early 1970s, “the enrichment of individual identity or selfhood [is] the distinguishing mark of the current wave of communitarianism” (33). Or, as another 1970s settler remarked twenty years later, “our ownership means that we can’t liquefy our assets and move on with any appreciable amount of capital. This arrangement has many advantages; we don’t waste time wondering if we would be better off living somewhere else, so we have commitment to place and community” (Metcalf 52). In personhood terms, property became “who we are, how we live” (Lismore Regional Gallery), not a measure of commoditised worth. Personhood also took legal form, manifested in early title-holding structures, where consensus-based co-operatives (in which capital gain was precluded) were favoured ideologically over the capitalist, majority-rules corporation (Munro-Clark). As noted, Aquarian property was also predominantly rural. For many communitarians, the way out of a soulless urban life was to abandon its difficulties for the yearnings of a simpler rural idyll (Smith and Crossley). The 1970s saw an extraordinary return to the physicality of land, measured by a willingness to get “earth under the nails” (Farran). In Australia, communities proliferated on the NSW Northern Rivers, in Western Australia’s southwest, and in the rural hinterlands behind Queensland’s Sunshine Coast and Cairns. In New Zealand, intentional communities appeared on the rural Coromandel Peninsula, east of Auckland, and in the Golden Bay region on the remote northwestern tip of the South Island. In all these localities, land was plentiful, the climate seemed sunny, and the landscape soulful. Aquarians “bought cheap land in beautiful places in which to opt out and live a simpler life [...] in remote backwaters, up mountains, in steep valleys, or on the shorelines of wild coastal districts” (Sargisson and Sargent 117). Their “hard won freedom” was to escape from city life, suffused by a belief that “the city is hardly needed, life should spring out of the country” (Jones and Baker 5). Aquarian property likewise instilled environmental ethics into the notion of land ownership. Michael Metzger, writing in 1975 in the barely minted Ecology Law Quarterly, observed that humankind had forgotten three basic ecological laws, that “everything is connected to everything else”, that “everything must go somewhere”, and that “nature knows best” (797). With an ever-increasing focus on abstraction, the language of private property: enabled us to create separate realities, and to remove ourselves from the natural world in which we live to a cerebral world of our own creation. When we act in accord with our artificial world, the disastrous impact of our fantasies upon the natural world in which we live is ignored. (796)By contrast, Aquarian property was intrinsically contextual. It revolved around the owner as environmental steward, whose duty it was “to repair the ravages of previous land use battles, and to live in accord with the natural environment” (Aquarian Archives). Reflecting ancient common rights, Aquarian property rights internalised norms of prudence, proportionality and moderation of resource use (Rose, Futures). Simply, an ecological view of land ownership was necessary for survival. As Dr. Moss Cass, the Federal environment minister wrote in the preface to The Way Out: Radical Alternatives in Australia, ‘”there is a common conviction that something is rotten at the core of conventional human existence.” Across the Tasman, the sense of latent environmental crisis was equally palpable, “we are surrounded by glistening surfaces and rotten centres” (Jones and Baker 5). Property and Countercultural Place and Time In the emerging discipline of legal geography, the law and its institutions (such as property) are explained through the prism of spatiotemporal context. What even more recent law and geography scholarship argues is that space is privileged as “theoretically interesting” while “temporality is reduced to empirical history” (Braverman et al. 53). This part seeks to consider the intersection of property, the counterculture, and time and place without privileging either the spatial or temporal dimensions. It considers simply the place of Nimbin, New South Wales, in early May 1973, and how property conformed to the exigencies of both. Legal geographers also see property through the theory of performance. Through this view, property is a “relational effect, not a prior ground, that is brought into being by the very act of performance” (Blomley, Performing 13). In other words, doing does not merely describe or represent property, but it enacts, such that property becomes a reality through its performance. In short, property is because it does. Performance theory is liberating (Page et al) because it concentrates not on property’s arcane rules and doctrines, nor on the legal geographer’s alleged privileging of place over time, but on its simple doing. Thus, Nicholas Blomley sees private property as a series of constant and reiterative performances: paying rates, building fences, registering titles, and so on. Adopting this approach, Aquarian property is described as a series of performances, seen through the prism of the legal practitioner, and its countercultural participants. The intersection of counterculture and property law implicated my family in its performative narrative. My father had been a solicitor in Nimbin since 1948; his modest legal practice was conducted from the side annexe of the School of Arts. Equipped with a battered leather briefcase and a trusty portable typewriter, like clockwork, he drove the 20 miles from Lismore to Nimbin every Saturday morning. I often accompanied him on his weekly visits. Forty-one years ago, in early May 1973, we drove into town to an extraordinary sight. Seen through ten-year old eyes, surreal scenes of energy, colour, and longhaired, bare-footed young people remain vivid. At almost the exact halfway point in my father’s legal career, new ways of thinking about property rushed headlong and irrevocably into his working life. After May 1973, dinnertime conversations became very different. Gone was the mundane monopoly of mortgages, subdivisions, and cottage conveyancing. The topics now ranged to hippies, communes, co-operatives and shared ownerships. Property was no longer a dull transactional monochrome, a lifeless file bound in pink legal tape. It became an idea replete with diversity and innovation, a concept populated with interesting characters and entertaining, often quirky stories. If property is a narrative (Rose, Persuasion), then the micro-story of property on the NSW Northern Rivers became infinitely more compelling and interesting in the years after Aquarius. For the practitioner, Aquarian property involved new practices and skills: the registration of co-operatives, the drafting of shareholder deeds that regulated the use of common lands, the settling of idealistic trusts, and the ever-increasing frequency of visits to the Nimbin School of Arts every working Saturday. For the 1970s settler in Nimbin, performing Aquarian property took more direct and lived forms. It may have started by reading the open letter that festival co-organiser Graeme Dunstan wrote to the Federal Minister for Urban Affairs, Tom Uren, inviting him to Nimbin as a “holiday rather than a political duty”, and seeking his support for “a community group of 100-200 people to hold a lease dedicated to building a self-sufficient community [...] whose central design principles are creative living and ecological survival” (1). It lay in the performances at the Festival’s Learning Exchange, where ideas of philosophy, organic farming, alternative technology, and law reform were debated in free and unstructured form, the key topics of the latter being abortion and land. And as the Festival came to its conclusion, it was the gathering at the showground, titled “After Nimbin What?—How will the social and environmental experiment at Nimbin effect the setting up of alternative communities, not only in the North Coast, but generally in Australia” (Richmond River Historical Society). In the days and months after Aquarius, it was the founding of new communities such as Co-ordination Co-operative at Tuntable Creek, described by co-founder Terry McGee in 1973 as “a radical experiment in a new way of life. The people who join us […] have to be prepared to jump off the cliff with the certainty that when they get to the bottom, they will be all right” (Munro-Clark 126; Cock 121). The image of jumping off a cliff is a metaphorical performance that supposes a leap into the unknown. While orthodox concepts of property in land were left behind, discarded at the top, the Aquarian leap was not so much into the unknown, but the long forgotten. The success of those communities that survived lay in the innovative and adaptive ways in which common forms of property fitted into registered land title, a system otherwise premised on individual ownership. Achieved through the use of outside private shells—title-holding co-operatives or companies (Page)—inside the shell, the norms and practices of common property were inclusively facilitated and performed (McLaren; Rose, Futures). In 2014, the performance of Aquarian property endures, in the dozens of intentional communities in the Nimbin environs that remain a witness to the zeal and spirit of the times and its countercultural ideals. Conclusion The Aquarian idea of property had profound meaning for self, community, and the environment. It was simultaneously new and old, radical as well as ancient. It re-invented a pre-liberal, pre-enclosure idea of property. For property theory, its legacy is its imaginings of diversity, the idea that property can take pluralistic forms and assert multiple values, a defiant challenge to the dominant paradigm. Aquarian property offers rich pickings compared to the pauperised private monotone. Over 41 years ago, in the legal geography that was Nimbin, New South Wales, the imaginings of property escaped the conformity of enclosure. The Aquarian age represented a moment in “thickened time” (Braverman et al 53), when dissenting theory became practice, and the idea of property indelibly changed for a handful of serendipitous actors, the unscripted performers of a countercultural narrative faithful to its time and place. References Alexander, Gregory. Commodity & Propriety: Competing Visions of Property in American Legal Thought 1776-1970. Chicago: U of Chicago P, 1999. Aquarian Archives. "Report into Facilitation of a Rural Intentional Community." Lismore, NSW: Southern Cross University. Blomley, Nicholas. Law, Space, and the Geographies of Power. New York: Guildford Press, 1994. Blomley, Nicholas. Unsettling the City: Urban Land and the Politics of Property. New York: Routledge, 2004. Blomley, Nicholas. “Performing Property, Making the World.” Social Studies Research Network 2053656. 5 Aug. 2013 ‹http://ssrn.com/abstract=2053656›. Braverman, Irus, Nicholas Blomley, David Delaney, and Sandy Kedar. The Expanding Spaces of Law: A Timely Legal Geography. Stanford: Stanford UP, 2014. Buck, Andrew. The Making of Australian Property Law. Sydney: Federation Press, 2006. Cock, Peter. Alternative Australia: Communities of the Future. London: Quartet Books, 1979. Cohen, Felix. “Dialogue on Private Property.” Rutgers Law Review 9 (1954): 357-387. Dunstan, Graeme. “A Beginning Rather than an End.” The Nimbin Good Times 27 Mar. 1973: 1. Farran, Sue. “Earth under the Nails: The Extraordinary Return to the Land.” Modern Studies in Property Law. Ed. Nicholas Hopkins. 7th edition. Oxford: Hart, 2013. 173-191. Graham, Nicole. Lawscape: Property, Environment, Law. Abingdon: Routledge, 2011. Jones, Tim, and Ian Baker. A Hard Won Freedom: Alternative Communities in New Zealand. Auckland: Hodder & Staughton, 1975. Leopold, Aldo. A Sand County Almanac with Other Essays on Conservation from Round River. New York: Ballantine Books, 1966. Lismore Regional Gallery. “Not Quite Square: The Story of Northern Rivers Architecture.” Exhibition, 13 Apr. to 2 June 2013. McLaren, John. “The Canadian Doukhobors and the Land Question: Religious Communalists in a Fee Simple World.” Land and Freedom: Law Property Rights and the British Diaspora. Eds. Andrew Buck, John McLaren and Nancy Wright. Farnham: Ashgate Publishing, 2001. 135-168. Metcalf, Bill. Co-operative Lifestyles in Australia: From Utopian Dreaming to Communal Reality. Sydney: UNSW Press, 1995. Miller, Timothy. The 60s Communes: Hippies and Beyond. Syracuse: Syracuse UP, 1999. Munro-Clark, Margaret. Communes in Rural Australia: The Movement since 1970. Sydney: Hale & Iremonger, 1986. Neeson, Jeanette M. Commoners: Common Right, Enclosure and Social Change in England, 1700-1820. Cambridge: Cambridge UP, 1996. Page, John. “Common Property and the Age of Aquarius.” Griffith Law Review 19 (2010): 172-196. Page, John, Ann Brower, and Johannes Welsh. “The Curious Untidiness of Property and Ecosystem Services: A Hybrid Method of Measuring Place.” Pace Environmental Law Rev. 32 (2015): forthcoming. Reich, Charles. “The New Property.” Yale Law Journal 73 (1964): 733-787. Richmond River Historical Society Archives. “After Nimbin What?” Nimbin Aquarius file, flyer. Lismore, NSW. Rose, Carol M. Property and Persuasion Essays on the History, Theory, and Rhetoric of Ownership. Boulder: Westview, 1994. Rose, Carol M. “The Several Futures of Property: Of Cyberspace and Folk Tales, Emission Trades and Ecosystems.” Minnesota Law Rev. 83 (1998-1999): 129-182. Rose, Carol M. “Canons of Property Talk, or Blackstone’s Anxiety.” Yale Law Journal 108 (1998): 601-632. Sargisson, Lucy, and Lyman Tower Sargent. Living in Utopia: New Zealand’s Intentional Communities. Aldershot: Ashgate Publishing, 2004. Sax, Joseph L. Defending the Environment: A Strategy for Citizen Action. New York: Alfred A. Knopf, 1971. Singer, Joseph. “No Right to Exclude: Public Accommodations and Private Property.” Nw. U.L.Rev. 90 (1995): 1283-1481. Smith, Margaret, and David Crossley, eds. The Way Out: Radical Alternatives in Australia. Melbourne: Lansdowne Press, 1975. Stone, Christopher. “Should Trees Have Standing? Toward Legal Rights for Natural Objects.” Southern Cal. L. Rev. 45 (1972): 450-501. Tribe, Laurence H. “Ways Not to Think about Plastic Trees: New Foundations for Environmental Law.” Yale Law Journal 83 (1973-1974): 1315-1348. Zablocki, Benjamin. Alienation and Charisma: A Study of Contemporary American Communes. New York: Free Press, 1980.
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Wise, Jenny, and Lesley McLean. "Making Light of Convicts." M/C Journal 24, no. 1 (March 15, 2021). http://dx.doi.org/10.5204/mcj.2737.

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Introduction The social roles of alcohol consumption are rich and varied, with different types of alcoholic beverages reflecting important symbolic and cultural meanings. Sparkling wine is especially notable for its association with secular and sacred celebrations. Indeed, sparkling wine is rarely drunk as a matter of routine; bottles of such wine signal special occasions, heightened by the formality and excitement associated with opening the bottle and controlling (or not!) the resultant fizz (Faith). Originating in England and France in the late 1600s, sparkling wine marked a dramatic shift in winemaking techniques, with winemakers deliberately adding “fizz” or bubbles to their product (Faith). The resulting effervescent wines were first enjoyed by the social elite of European society, signifying privilege, wealth, luxury and nobility; however, new techniques for producing, selling and distributing the wines created a mass consumer culture (Guy). Production of Australian sparkling wines began in the late nineteenth century and consumption remains popular. As a “new world” country – that is, one not located in the wine producing areas of Europe – Australian sparkling wines cannot directly draw on the same marketing traditions as those of the “old world”. One enterprising company, Treasury Wine Estates, markets a range of wines, including a sparkling variety, called 19 Crimes, that draws, not on European traditions tied to luxury, wealth and prestige, but Australia’s colonial history. Using Augmented Reality and interactive story-telling, 19 Crimes wine labels feature convicts who had committed one or more of 19 crimes punishable by transportation to Australia from Britain. The marketing of sparkling wine using convict images and convict stories of transportation have not diminished the celebratory role of consuming “bubbly”. Rather, in exploring the marketing techniques employed by the company, particularly when linked to the traditional drink of celebration, we argue that 19 Crimes, while fun and informative, nevertheless romanticises convict experiences and Australia’s convict past. Convict Heritage and Re-Appropriating the Convict Image Australia’s cultural heritage is undeniably linked to its convict past. Convicts were transported to Australia from England and Ireland over an 80-year period between 1788-1868. While the convict system in Australia was not predominantly characterised by incarceration and institutionalisation (Jones 18) the work they performed was often forced and physically taxing, and food and clothing shortages were common. Transportation meant exile, and “it was a fierce punishment that ejected men, women and children from their homelands into distant and unknown territories” (Bogle 23). Convict experiences of transportation often varied and were dependent not just on the offender themselves (for example their original crime, how willing they were to work and their behaviour), but also upon the location they were sent to. “Normal” punishment could include solitary confinement, physical reprimands (flogging) or hard labour in chain gangs. From the time that transportation ceased in the mid 1800s, efforts were made to distance Australia’s future from the “convict stain” of its past (Jones). Many convict establishments were dismantled or repurposed with the intent of forgetting the past, although some became sites of tourist visitation from the time of closure. Importantly, however, the wider political and social reluctance to engage in discourse regarding Australia’s “unsavoury historical incident” of its convict past continued up until the 1970s (Jones 26). During the 1970s Australia’s convict heritage began to be discussed more openly, and indeed, more favourably (Welch 597). Many today now view Australia’s convicts as “reluctant pioneers” (Barnard 7), and as such they are celebrated within our history. In short, the convict heritage is now something to be celebrated rather than shunned. This celebration has been capitalised upon by tourist industries and more recently by wine label 19 Crimes. “19 Crimes: Cheers to the Infamous” The Treasury Wine Estates brand launched 19 Crimes in 2011 to a target population of young men aged between 18 and 34 (Lyons). Two limited edition vintages sold out in 2011 with “virtually no promotion” (19 Crimes, “Canadians”). In 2017, 19 Crimes became the first wine to use an Augmented Reality (AR) app (the app was later renamed Living Wines Labels in 2018) that allowed customers to hover their [smart] phone in front of a bottle of the wine and [watch] mugshots of infamous 18th century British criminals come to life as 3D characters who recount their side of the story. Having committed at least one of the 19 crimes punishable by exile to Australia, these convicts now humor and delight wine drinkers across the globe. (Lirie) Given the target audience of the 19 Crimes wine was already 18-34 year old males, AR made sense as a marketing technique. Advertisers are well aware the millennial generation is “digitally empowered” and the AR experience was created to not only allow “consumers to engage with 19 Crimes wines but also explore some of the stories of Australia’s convict past … [as] told by the convicts-turned-colonists themselves!” (Lilley cited in Szentpeteri 1-2). The strategy encourages people to collect convicts by purchasing other 19 Crimes alcohol to experience a wider range of stories. The AR has been highly praised: they [the labels] animate, explaining just what went down and giving a richer experience to your beverage; engaging both the mind and the taste buds simultaneously … . ‘A fantastic app that brings a little piece of history to life’, writes one user on the Apple app store. ‘I jumped out of my skin when the mugshot spoke to me’. (Stone) From here, the success of 19 Crimes has been widespread. For example, in November 2020, media reports indicated that 19 Crimes red wine was the most popular supermarket wine in the UK (Lyons; Pearson-Jones). During the UK COVID lockdown in 2020, 19 Crimes sales increased by 148 per cent in volume (Pearson-Jones). This success is in no small part to its innovative marketing techniques, which of course includes the AR technology heralded as a way to enhance the customer experience (Lirie). The 19 Crimes wine label explicitly celebrates infamous convicts turned settlers. The website “19 Crimes: Cheers to the Infamous” incorporates ideas of celebration, champagne and bubbles by encouraging people to toast their mates: the convicts on our wines are not fiction. They were of flesh and blood, criminals and scholars. Their punishment of transportation should have shattered their spirits. Instead, it forged a bond stronger than steel. Raise a glass to our convict past and the principles these brave men and women lived by. (19 Crimes, “Cheers”) While using alcohol, and in particular sparkling wine, to participate in a toasting ritual is the “norm” for many social situations, what is distinctive about the 19 Crimes label is that they have chosen to merchandise and market known offenders for individuals to encounter and collect as part of their drinking entertainment. This is an innovative and highly popular concept. According to one marketing company: “19 Crimes Wines celebrate the rebellious spirit of the more than 160,000 exiled men and women, the rule breakers and law defying citizens that forged a new culture and national spirit in Australia” (Social Playground). The implication is that by drinking this brand of [sparkling] wine, consumers are also partaking in celebrating those convicts who “forged” Australian culture and national spirit. In many ways, this is not a “bad thing”. 19 Crimes are promoting Australian cultural history in unique ways and on a very public and international scale. The wine also recognises the hard work and success stories of the many convicts that did indeed build Australia. Further, 19 Crimes are not intentionally minimising the experiences of convicts. They implicitly acknowledge the distress felt by convicts noting that it “should have shattered their spirits”. However, at times, the narratives and marketing tools romanticise the convict experience and culturally reinterpret a difficult experience into one of novelty. They also tap into Australia’s embracement of larrikinism. In many ways, 19 Crimes are encouraging consumers to participate in larrikin behaviour, which Bellanta identifies as being irreverent, mocking authority, showing a disrespect for social subtleties and engaging in boisterous drunkenness with mates. Celebrating convict history with a glass of bubbly certainly mocks authority, as does participating in cultural practices that subvert original intentions. Several companies in the US and Europe are now reportedly offering the service of selling wine bottle labels with customisable mugshots. Journalist Legaspi suggests that the perfect gift for anyone who wants a sparkling wine or cider to toast with during the Yuletide season would be having a customisable mugshot as a wine bottle label. The label comes with the person’s mugshot along with a “goofy ‘crime’ that fits the person-appealing” (Sotelo cited in Legaspi). In 2019, Social Playground partnered with MAAKE and Dan Murphy's stores around Australia to offer customers their own personalised sticker mugshots that could be added to the wine bottles. The campaign was intended to drive awareness of 19 Crimes, and mugshot photo areas were set up in each store. Customers could then pose for a photo against the “mug shot style backdrop. Each photo was treated with custom filters to match the wine labels actual packaging” and then printed on a sticker (Social Playground). The result was a fun photo moment, delivered as a personalised experience. Shoppers were encouraged to purchase the product to personalise their bottle, with hundreds of consumers taking up the offer. With instant SMS delivery, consumers also received a branded print that could be shared so [sic] social media, driving increased brand awareness for 19 Crimes. (Social Playground) While these customised labels were not interactive, they lent a unique and memorable spin to the wine. In many circumstances, adding personalised photographs to wine bottles provides a perfect and unique gift; yet, could be interpreted as making light of the conditions experienced by convicts. However, within our current culture, which celebrates our convict heritage and embraces crime consumerism, the reframing of a mugshot from a tool used by the State to control into a novelty gift or memento becomes culturally acceptable and desirable. Indeed, taking a larrikin stance, the reframing of the mugshot is to be encouraged. It should be noted that while some prisons were photographing criminals as early as the 1840s, it was not common practice before the 1870s in England. The Habitual Criminals Act of 1869 has been attributed with accelerating the use of criminal photographs, and in 1871 the Crimes Prevention Act mandated the photographing of criminals (Clark). Further, in Australia, convicts only began to be photographed in the early 1870s (Barnard) and only in Western Australia and Port Arthur (Convict Records, “Resources”), restricting the availability of images which 19 Crimes can utilise. The marketing techniques behind 19 Crimes and the Augmented app offered by Living Wines Labels ensure that a very particular picture of the convicts is conveyed to its customers. As seen above, convicts are labelled in jovial terms such as “rule breakers”, having a “rebellious spirit” or “law defying citizens”, again linking to notions of larrikinism and its celebration. 19 Crimes have been careful to select convicts that have a story linked to “rule breaking, culture creating and overcoming adversity” (19 Crimes, “Snoop”) as well as convicts who have become settlers, or in other words, the “success stories”. This is an ingenious marketing strategy. Through selecting success stories, 19 Crimes are able to create an environment where consumers can enjoy their bubbly while learning about a dark period of Australia’s heritage. Yet, there is a distancing within the narratives that these convicts are actually “criminals”, or where their criminal behaviour is acknowledged, it is presented in a way that celebrates it. Words such as criminals, thieves, assault, manslaughter and repeat offenders are foregone to ensure that consumers are never really reminded that they may be celebrating “bad” people. The crimes that make up 19 Crimes include: Grand Larceny, theft above the value of one shilling. Petty Larceny, theft under one shilling. Buying or receiving stolen goods, jewels, and plate... Stealing lead, iron, or copper, or buying or receiving. Impersonating an Egyptian. Stealing from furnished lodgings. Setting fire to underwood. Stealing letters, advancing the postage, and secreting the money. Assault with an intent to rob. Stealing fish from a pond or river. Stealing roots, trees, or plants, or destroying them. Bigamy. Assaulting, cutting, or burning clothes. Counterfeiting the copper coin... Clandestine marriage. Stealing a shroud out of a grave. Watermen carrying too many passengers on the Thames, if any drowned. Incorrigible rogues who broke out of Prison and persons reprieved from capital punishment. Embeuling Naval Stores, in certain cases. (19 Crimes, “Crimes”) This list has been carefully chosen to fit the narrative that convicts were transported in the main for what now appear to be minimal offences, rather than for serious crimes which would otherwise have been punished by death, allowing the consumer to enjoy their bubbly without engaging too closely with the convict story they are experiencing. The AR experience offered by these labels provides consumers with a glimpse of the convicts’ stories. Generally, viewers are told what crime the convict committed, a little of the hardships they encountered and the success of their outcome. Take for example the transcript of the Blanc de Blancs label: as a soldier I fought for country. As a rebel I fought for cause. As a man I fought for freedom. My name is James Wilson and I fight to the end. I am not ashamed to speak the truth. I was tried for treason. Banished to Australia. Yet I challenged my fate and brought six of my brothers to freedom. Think that we have been nearly nine years in this living tomb since our first arrest and that it is impossible for mind or body to withstand the continual strain that is upon them. One or the other must give way. While the contrived voice of James Wilson speaks about continual strain on the body and mind, and having to live in a “living tomb” [Australia] the actual difficulties experienced by convicts is not really engaged with. Upon further investigation, it is also evident that James Wilson was not an ordinary convict, nor was he strictly tried for treason. Information on Wilson is limited, however from what is known it is clear that he enlisted in the British Army at age 17 to avoid arrest when he assaulted a policeman (Snoots). In 1864 he joined the Irish Republican Brotherhood and became a Fenian; which led him to desert the British Army in 1865. The following year he was arrested for desertion and was convicted by the Dublin General Court Martial for the crime of being an “Irish rebel” (Convict Records, “Wilson”), desertion and mutinous conduct (photo from the Wild Geese Memorial cited in The Silver Voice). Prior to transportation, Wilson was photographed at Dublin Mountjoy Prison in 1866 (Manuscripts and Archives Division), and this is the photo that appears on the Blanc de Blancs label. He arrived in Fremantle, Western Australia on 9 January 1868. On 3 June 1869 Wilson “was sentenced to fourteen days solitary, confinement including ten days on bread and water” (photo from the Wild Geese Memorial cited in The Silver Voice) for an unknown offence or breach of conduct. A few years into his sentence he sent a letter to a fellow Fenian New York journalist John Devoy. Wilson wrote that his was a voice from the tomb. For is not this a living tomb? In the tomb it is only a man’s body is good for the worms but in this living tomb the canker worm of care enters the very soul. Think that we have been nearly nine years in this living tomb since our first arrest and that it is impossible for mind or body to withstand the continual strain that is upon them. One or the other must give way. (Wilson, 1874, cited in FitzSimons; emphasis added) Note the last two lines of the extract of the letter have been used verbatim by 19 Crimes to create their interactive label. This letter sparked a rescue mission which saw James Wilson and five of his fellow prisoners being rescued and taken to America where Wilson lived out his life (Reid). This escape has been nicknamed “The Great Escape” and a memorial was been built in 2005 in Rockingham where the escape took place. While 19 Crimes have re-created many elements of Wilson’s story in the interactive label, they have romanticised some aspects while generalising the conditions endured by convicts. For example, citing treason as Wilson’s crime rather than desertion is perhaps meant to elicit more sympathy for his situation. Further, the selection of a Fenian convict (who were often viewed as political prisoners that were distinct from the “criminal convicts”; Amos) allows 19 Crimes to build upon narratives of rule breaking by focussing on a convict who was sent to Australia for fighting for what he believed in. In this way, Wilson may not be seen as a “real” criminal, but rather someone to be celebrated and admired. Conclusion As a “new world” producer of sparkling wine, it was important for 19 Crimes to differentiate itself from the traditionally more sophisticated market of sparkling-wine consumers. At a lower price range, 19 Crimes caters to a different, predominantly younger, less wealthy clientele, who nevertheless consume alcoholic drinks symbolic to the occasion. The introduction of an effervescent wine to their already extensive collection encourages consumers to buy their product to use in celebratory contexts where the consumption of bubbly defines the occasion. The marketing of Blanc de Blancs directly draws upon ideas of celebration whilst promoting an image and story of a convict whose situation is admired – not the usual narrative that one associates with celebration and bubbly. Blanc de Blancs, and other 19 Crimes wines, celebrate “the rules they [convicts] broke and the culture they built” (19 Crimes, “Crimes”). This is something that the company actively promotes through its website and elsewhere. Using AR, 19 Crimes are providing drinkers with selective vantage points that often sensationalise the reality of transportation and disengage the consumer from that reality (Wise and McLean 569). Yet, 19 Crimes are at least engaging with the convict narrative and stimulating interest in the convict past. Consumers are being informed, convicts are being named and their stories celebrated instead of shunned. Consumers are comfortable drinking bubbly from a bottle that features a convict because the crimes committed by the convict (and/or to the convict by the criminal justice system) occurred so long ago that they have now been romanticised as part of Australia’s colourful history. The mugshot has been re-appropriated within our culture to become a novelty or fun interactive experience in many social settings. For example, many dark tourist sites allow visitors to take home souvenir mugshots from decommissioned police and prison sites to act as a memento of their visit. The promotional campaign for people to have their own mugshot taken and added to a wine bottle, while now a cultural norm, may diminish the real intent behind a mugshot for some people. For example, while drinking your bubbly or posing for a fake mugshot, it may be hard to remember that at the time their photographs were taken, convicts and transportees were “ordered to sit for the camera” (Barnard 7), so as to facilitate State survelliance and control over these individuals (Wise and McLean 562). Sparkling wine, and the bubbles that it contains, are intended to increase fun and enjoyment. Yet, in the case of 19 Crimes, the application of a real-life convict to a sparkling wine label adds an element of levity, but so too novelty and romanticism to what are ultimately narratives of crime and criminal activity; thus potentially “making light” of the convict experience. 19 Crimes offers consumers a remarkable way to interact with our convict heritage. The labels and AR experience promote an excitement and interest in convict heritage with potential to spark discussion around transportation. The careful selection of convicts and recognition of the hardships surrounding transportation have enabled 19 Crimes to successfully re-appropriate the convict image for celebratory occasions. References 19 Crimes. “Cheers to the Infamous.” 19 Crimes, 2020. 14 Dec. 2020 <https://www.19crimes.com>. ———. “The 19 Crimes.” 19 Crimes, 2020. 14 Dec. 2020 <https://www.19crimes.com/en-au/the-19-crimes>. ———. “19 Crimes Announces Multi-Year Partnership with Entertainment Icon Snoop Dogg.” PR Newswire 16 Apr. 2020. 15 Dec. 2020 <https://www.prnewswire.com/news-releases/19-crimes-announces-multi-year-partnership-with-entertainment-icon-snoop-dogg-301041585.html>. ———. “19 Crimes Canadians Not Likely to Commit, But Clamouring For.” PR Newswire 10 Oct. 2013. 15 Dec. 2020 <https://www.prnewswire.com/news-releases/19-crimes-canadians-not-likely-to-commit-but-clamouring-for-513086721.html>. Amos, Keith William. The Fenians and Australia c 1865-1880. Doctoral thesis, UNE, 1987. <https://hdl.handle.net/1959.11/12781>. Barnard, Edwin. Exiled: The Port Arthur Convict Photographs. Canberra: National Library of Australia, 2010. Bellanta, Melissa. Larrikins: A History. University of Queensland Press. Bogle, Michael. Convicts: Transportation and Australia. Sydney: Historic Houses Trust of New South Wales, 2008. Clark, Julia. ‘Through a Glass, Darkly’: The Camera, the Convict and the Criminal Life. PhD Dissertation, University of Tasmania, 2015. Convict Records. “James Wilson.” Convict Records 2020. 15 Dec. 2020 <https://convictrecords.com.au/convicts/wilson/james/72523>. ———. “Convict Resources.” Convict Records 2021. 23 Feb. 2021 <https://convictrecords.com.au/resources>. Faith, Nicholas. The Story of Champagne. Oxford: Infinite Ideas, 2016. FitzSimons, Peter. “The Catalpa: How the Plan to Break Free Irish Prisoners in Fremantle Was Hatched, and Funded.” Sydney Morning Herald 21 Apr. 2019. 15 Dec. 2020 <https://www.smh.com.au/entertainment/books/the-catalpa-how-the-plan-to-break-free-irish-prisoners-in-fremantle-was-hatched-and-funded-20190416-p51eq2.html>. Guy, Kolleen. When Champagne Became French: Wine and the Making of a National identity. Baltimore, Maryland: Johns Hopkins UP, 2007. Jones, Jennifer Kathleen. Historical Archaeology of Tourism at Port Arthur, Tasmania, 1885-1960. PhD Dissertation, Simon Fraser University, 2016. Legaspi, John. “Need a Wicked Gift Idea? Try This Wine Brand’s Customizable Bottle Label with Your Own Mugshot.” Manila Bulletin 18 Nov. 2020. 14 Dec. 2020 <https://mb.com.ph/2020/11/18/need-a-wicked-gift-idea-try-this-wine-brands-customizable-bottle-label-with-your-own-mugshot/>. Lirie. “Augmented Reality Example: Marketing Wine with 19 Crimes.” Boot Camp Digital 13 Mar. 2018. 15 Dec. 2020 <https://bootcampdigital.com/blog/augmented-reality-example-marketing-wine-19-crimes/>. Lyons, Matthew. “19 Crimes Named UK’s Favourite Supermarket Wine.” Harpers 23 Nov. 2020. 14 Dec. 2020 <https://harpers.co.uk/news/fullstory.php/aid/28104/19_Crimes_named_UK_s_favourite_supermarket_wine.html>. Manuscripts and Archives Division, The New York Public Library. "John O'Reilly, 10th Hussars; Thomas Delany; James Wilson, See James Thomas, Page 16; Martin Hogan, See O'Brien, Same Page (16)." The New York Public Library Digital Collections. 1866. <https://digitalcollections.nypl.org/items/510d47dc-9768-a3d9-e040-e00a18064a99>. Pearson-Jones, Bridie. “Cheers to That! £9 Bottle of Australian Red Inspired by 19 Crimes That Deported Convicts in 18th Century Tops List as UK’s Favourite Supermarket Wine.” Daily Mail 22 Nov. 2020. 14 Dec. 2020 <https://www.dailymail.co.uk/femail/food/article-8933567/19-Crimes-Red-UKs-favourite-supermarket-wine.html>. Reid, Richard. “Object Biography: ‘A Noble Whale Ship and Commander’ – The Catalpa Rescue, April 1876.” National Museum of Australia n.d. 15 Dec. 2020 <https://www.nma.gov.au/__data/assets/pdf_file/0015/2553/NMA_Catalpa.pdf>. Snoots, Jen. “James Wilson.” Find A Grave 2007. 15 Dec. 2020 <https://www.findagrave.com/memorial/19912884/james-wilson>. Social Playground. “Printing Wine Labels with 19 Crimes.” Social Playground 2019. 14 Dec. 2020 <https://www.socialplayground.com.au/case-studies/maake-19-crimes>. Stone, Zara. “19 Crimes Wine Is an Amazing Example of Adult Targeted Augmented Reality.” Forbes 12 Dec. 2017. 15 Dec. 2020 <https://www.forbes.com/sites/zarastone/2017/12/12/19-crimes-wine-is-an-amazing-example-of-adult-targeted-augmented-reality/?sh=492a551d47de>. Szentpeteri, Chloe. “Sales and Marketing: Label Design and Printing: Augmented Reality Bringing Bottles to Life: How Treasury Wine Estates Forged a New Era of Wine Label Design.” Australian and New Zealand Grapegrower and Winemaker 654 (2018): 84-85. The Silver Voice. “The Greatest Propaganda Coup in Fenian History.” A Silver Voice From Ireland 2017. 15 Dec. 2020 <https://thesilvervoice.wordpress.com/tag/james-wilson/>. Welch, Michael. “Penal Tourism and the ‘Dream of Order’: Exhibiting Early Penology in Argentina and Australia.” Punishment & Society 14.5 (2012): 584-615. Wise, Jenny, and Lesley McLean. “Pack of Thieves: The Visual Representation of Prisoners and Convicts in Dark Tourist Sites.” The Palgrave Handbook of Incarceration in Popular Culture. Eds. Marcus K. Harmes, Meredith A. Harmes, and Barbara Harmes. Switzerland: Palgrave Macmillan, 2020. 555-73.
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23

Mac Con Iomaire, Máirtín. "Towards a Structured Approach to Reading Historic Cookbooks." M/C Journal 16, no. 3 (June 23, 2013). http://dx.doi.org/10.5204/mcj.649.

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Introduction Cookbooks are an exceptional written record of what is largely an oral tradition. They have been described as “magician’s hats” due to their ability to reveal much more than they seem to contain (Wheaton, “Finding”). The first book printed in Germany was the Guttenberg Bible in 1456 but, by 1490, printing was introduced into almost every European country (Tierney). The spread of literacy between 1500 and 1800, and the rise in silent reading, helped to create a new private sphere into which the individual could retreat, seeking refuge from the community (Chartier). This new technology had its effects in the world of cookery as in so many spheres of culture (Mennell, All Manners). Trubek notes that cookbooks are the texts most often used by culinary historians, since they usually contain all the requisite materials for analysing a cuisine: ingredients, method, technique, and presentation. Printed cookbooks, beginning in the early modern period, provide culinary historians with sources of evidence of the culinary past. Historians have argued that social differences can be expressed by the way and type of food we consume. Cookbooks are now widely accepted as valid socio-cultural and historic documents (Folch, Sherman), and indeed the link between literacy levels and the protestant tradition has been expressed through the study of Danish cookbooks (Gold). From Apicius, Taillevent, La Varenne, and Menon to Bradley, Smith, Raffald, Acton, and Beeton, how can both manuscript and printed cookbooks be analysed as historic documents? What is the difference between a manuscript and a printed cookbook? Barbara Ketchum Wheaton, who has been studying cookbooks for over half a century and is honorary curator of the culinary collection in Harvard’s Schlesinger Library, has developed a methodology to read historic cookbooks using a structured approach. For a number of years she has been giving seminars to scholars from multidisciplinary fields on how to read historic cookbooks. This paper draws on the author’s experiences attending Wheaton’s seminar in Harvard, and on supervising the use of this methodology at both Masters and Doctoral level (Cashman; Mac Con Iomaire, and Cashman). Manuscripts versus Printed Cookbooks A fundamental difference exists between manuscript and printed cookbooks in their relationship with the public and private domain. Manuscript cookbooks are by their very essence intimate, relatively unedited and written with an eye to private circulation. Culinary manuscripts follow the diurnal and annual tasks of the household. They contain recipes for cures and restoratives, recipes for cleansing products for the house and the body, as well as the expected recipes for cooking and preserving all manners of food. Whether manuscript or printed cookbook, the recipes contained within often act as a reminder of how laborious the production of food could be in the pre-industrialised world (White). Printed cookbooks draw oxygen from the very fact of being public. They assume a “literate population with sufficient discretionary income to invest in texts that commodify knowledge” (Folch). This process of commoditisation brings knowledge from the private to the public sphere. There exists a subset of cookbooks that straddle this divide, for example, Mrs. Rundell’s A New System of Domestic Cookery (1806), which brought to the public domain her distillation of a lifetime of domestic experience. Originally intended for her daughters alone, Rundell’s book was reprinted regularly during the nineteenth century with the last edition printed in 1893, when Mrs. Beeton had been enormously popular for over thirty years (Mac Con Iomaire, and Cashman). Barbara Ketchum Wheaton’s Structured Approach Cookbooks can be rewarding, surprising and illuminating when read carefully with due effort in understanding them as cultural artefacts. However, Wheaton notes that: “One may read a single old cookbook and find it immensely entertaining. One may read two and begin to find intriguing similarities and differences. When the third cookbook is read, one’s mind begins to blur, and one begins to sense the need for some sort of method in approaching these documents” (“Finding”). Following decades of studying cookbooks from both sides of the Atlantic and writing a seminal text on the French at table from 1300-1789 (Wheaton, Savouring the Past), this combined experience negotiating cookbooks as historical documents was codified, and a structured approach gradually articulated and shared within a week long seminar format. In studying any cookbook, regardless of era or country of origin, the text is broken down into five different groupings, to wit: ingredients; equipment or facilities; the meal; the book as a whole; and, finally, the worldview. A particular strength of Wheaton’s seminars is the multidisciplinary nature of the approaches of students who attend, which throws the study of cookbooks open to wide ranging techniques. Students with a purely scientific training unearth interesting patterns by developing databases of the frequency of ingredients or techniques, and cross referencing them with other books from similar or different timelines or geographical regions. Patterns are displayed in graphs or charts. Linguists offer their own unique lens to study cookbooks, whereas anthropologists and historians ask what these objects can tell us about how our ancestors lived and drew meaning from life. This process is continuously refined, and each grouping is discussed below. Ingredients The geographic origins of the ingredients are of interest, as is the seasonality and the cost of the foodstuffs within the scope of each cookbook, as well as the sensory quality both separately and combined within different recipes. In the medieval period, the use of spices and large joints of butchers meat and game were symbols of wealth and status. However, when the discovery of sea routes to the New World and to the Far East made spices more available and affordable to the middle classes, the upper classes spurned them. Evidence from culinary manuscripts in Georgian Ireland, for example, suggests that galangal was more easily available in Dublin during the eighteenth century than in the mid-twentieth century. A new aesthetic, articulated by La Varenne in his Le Cuisinier Francois (1651), heralded that food should taste of itself, and so exotic ingredients such as cinnamon, nutmeg, and ginger were replaced by the local bouquet garni, and stocks and sauces became the foundations of French haute cuisine (Mac Con Iomaire). Some combinations of flavours and ingredients were based on humoral physiology, a long held belief system based on the writings of Hippocrates and Galen, now discredited by modern scientific understanding. The four humors are blood, yellow bile, black bile, and phlegm. It was believed that each of these humors would wax and wane in the body, depending on diet and activity. Galen (131-201 AD) believed that warm food produced yellow bile and that cold food produced phlegm. It is difficult to fathom some combinations of ingredients or the manner of service without comprehending the contemporary context within they were consumeSome ingredients found in Roman cookbooks, such as “garum” or “silphium” are no longer available. It is suggested that the nearest substitute for garum also known as “liquamen”—a fermented fish sauce—would be Naam Plaa, or Thai fish sauce (Grainger). Ingredients such as tea and white bread, moved from the prerogative of the wealthy over time to become the staple of the urban poor. These ingredients, therefore, symbolise radically differing contexts during the seventeenth century than in the early twentieth century. Indeed, there are other ingredients such as hominy (dried maize kernel treated with alkali) or grahams (crackers made from graham flour) found in American cookbooks that require translation to the unacquainted non-American reader. There has been a growing number of food encyclopaedias published in recent years that assist scholars in identifying such commodities (Smith, Katz, Davidson). The Cook’s Workplace, Techniques, and Equipment It is important to be aware of the type of kitchen equipment used, the management of heat and cold within the kitchen, and also the gradual spread of the industrial revolution into the domestic sphere. Visits to historic castles such as Hampton Court Palace where nowadays archaeologists re-enact life below stairs in Tudor times give a glimpse as to how difficult and labour intensive food production was. Meat was spit-roasted in front of huge fires by spit boys. Forcemeats and purees were manually pulped using mortar and pestles. Various technological developments including spit-dogs, and mechanised pulleys, replaced the spit boys, the most up to date being the mechanised rotisserie. The technological advancements of two hundred years can be seen in the Royal Pavilion in Brighton where Marie-Antoinin Carême worked for the Prince Regent in 1816 (Brighton Pavilion), but despite the gleaming copper pans and high ceilings for ventilation, the work was still back breaking. Carême died aged forty-nine, “burnt out by the flame of his genius and the fumes of his ovens” (Ackerman 90). Mennell points out that his fame outlived him, resting on his books: Le Pâtissier Royal Parisien (1815); Le Pâtissier Pittoresque (1815); Le Maître d’Hôtel Français (1822); Le Cuisinier Parisien (1828); and, finally, L’Art de la Cuisine Française au Dix-Neuvième Siècle (1833–5), which was finished posthumously by his student Pluméry (All Manners). Mennell suggests that these books embody the first paradigm of professional French cuisine (in Kuhn’s terminology), pointing out that “no previous work had so comprehensively codified the field nor established its dominance as a point of reference for the whole profession in the way that Carême did” (All Manners 149). The most dramatic technological changes came after the industrial revolution. Although there were built up ovens available in bakeries and in large Norman households, the period of general acceptance of new cooking equipment that enclosed fire (such as the Aga stove) is from c.1860 to 1910, with gas ovens following in c.1910 to the 1920s) and Electricity from c.1930. New food processing techniques dates are as follows: canning (1860s), cooling and freezing (1880s), freeze drying (1950s), and motorised delivery vans with cooking (1920s–1950s) (den Hartog). It must also be noted that the supply of fresh food, and fish particularly, radically improved following the birth, and expansion of, the railways. To understand the context of the cookbook, one needs to be aware of the limits of the technology available to the users of those cookbooks. For many lower to middle class families during the twentieth century, the first cookbook they would possess came with their gas or electrical oven. Meals One can follow cooked dishes from the kitchen to the eating place, observing food presentation, carving, sequencing, and serving of the meal and table etiquette. Meal times and structure changed over time. During the Middle Ages, people usually ate two meals a day: a substantial dinner around noon and a light supper in the evening (Adamson). Some of the most important factors to consider are the manner in which meals were served: either à la française or à la russe. One of the main changes that occurred during the nineteenth century was the slow but gradual transfer from service à la française to service à la russe. From medieval times to the middle of the nineteenth century the structure of a formal meal was not by “courses”—as the term is now understood—but by “services”. Each service could comprise of a choice of dishes—both sweet and savoury—from which each guest could select what appealed to him or her most (Davidson). The philosophy behind this form of service was the forementioned humoral physiology— where each diner chose food based on the four humours of blood, yellow bile, black bile, or phlegm. Also known as le grand couvert, the à la française method made it impossible for the diners to eat anything that was beyond arm’s length (Blake, and Crewe). Smooth service, however, was the key to an effective à la russe dinner since servants controlled the flow of food (Eatwell). The taste and temperature of food took centre stage with the à la russe dinner as each course came in sequence. Many historic cookbooks offer table plans illustrating the suggested arrangement of dishes on a table for the à la française style of service. Many of these dishes might be re-used in later meals, and some dishes such as hashes and rissoles often utilised left over components of previous meals. There is a whole genre of cookbooks informing the middle class cooks how to be frugal and also how to emulate haute cuisine using cheaper or ersatz ingredients. The number dining and the manner in which they dined also changed dramatically over time. From medieval to Tudor times, there might be hundreds dining in large banqueting halls. By the Elizabethan age, a small intimate room where master and family dined alone replaced the old dining hall where master, servants, guests, and travellers had previously dined together (Spencer). Dining tables remained portable until the 1780s when tables with removable leaves were devised. By this time, the bread trencher had been replaced by one made of wood, or plate of pewter or precious metal in wealthier houses. Hosts began providing knives and spoons for their guests by the seventeenth century, with forks also appearing but not fully accepted until the eighteenth century (Mason). These silver utensils were usually marked with the owner’s initials to prevent their theft (Flandrin). Cookbooks as Objects and the World of Publishing A thorough examination of the manuscript or printed cookbook can reveal their physical qualities, including indications of post-publication history, the recipes and other matter in them, as well as the language, organization, and other individual qualities. What can the quality of the paper tell us about the book? Is there a frontispiece? Is the book dedicated to an employer or a patron? Does the author note previous employment history in the introduction? In his Court Cookery, Robert Smith, for example, not only mentions a number of his previous employers, but also outlines that he was eight years working with Patrick Lamb in the Court of King William, before revealing that several dishes published in Lamb’s Royal Cookery (1710) “were never made or practis’d (sic) by him and others are extreme defective and imperfect and made up of dishes unknown to him; and several of them more calculated at the purses than the Gôut of the guests”. Both Lamb and Smith worked for the English monarchy, nobility, and gentry, but produced French cuisine. Not all Britons were enamoured with France, however, with, for example Hannah Glasse asserting “if gentlemen will have French cooks, they must pay for French tricks” (4), and “So much is the blind folly of this age, that they would rather be imposed on by a French Booby, than give encouragement to an good English cook” (ctd. in Trubek 60). Spencer contextualises Glasse’s culinary Francophobia, explaining that whilst she was writing the book, the Jacobite army were only a few days march from London, threatening to cut short the Hanoverian lineage. However, Lehmann points out that whilst Glasse was overtly hostile to French cuisine, she simultaneously plagiarised its receipts. Based on this trickling down of French influences, Mennell argues that “there is really no such thing as a pure-bred English cookery book” (All Manners 98), but that within the assimilation and simplification, a recognisable English style was discernable. Mennell also asserts that Glasse and her fellow women writers had an enormous role in the social history of cooking despite their lack of technical originality (“Plagiarism”). It is also important to consider the place of cookbooks within the history of publishing. Albala provides an overview of the immense outpouring of dietary literature from the printing presses from the 1470s. He divides the Renaissance into three periods: Period I Courtly Dietaries (1470–1530)—targeted at the courtiers with advice to those attending banquets with many courses and lots of wine; Period II The Galenic Revival (1530–1570)—with a deeper appreciation, and sometimes adulation, of Galen, and when scholarship took centre stage over practical use. Finally Period III The Breakdown of Orthodoxy (1570–1650)—when, due to the ambiguities and disagreements within and between authoritative texts, authors were freer to pick the ideas that best suited their own. Nutrition guides were consistent bestsellers, and ranged from small handbooks written in the vernacular for lay audiences, to massive Latin tomes intended for practicing physicians. Albala adds that “anyone with an interest in food appears to have felt qualified to pen his own nutritional guide” (1). Would we have heard about Mrs. Beeton if her husband had not been a publisher? How could a twenty-five year old amass such a wealth of experience in household management? What role has plagiarism played in the history of cookbooks? It is interesting to note that a well worn copy of her book (Beeton) was found in the studio of Francis Bacon and it is suggested that he drew inspiration for a number of his paintings from the colour plates of animal carcasses and butcher’s meat (Dawson). Analysing the post-publication usage of cookbooks is valuable to see the most popular recipes, the annotations left by the owner(s) or user(s), and also if any letters, handwritten recipes, or newspaper clippings are stored within the leaves of the cookbook. The Reader, the Cook, the Eater The physical and inner lives and needs and skills of the individuals who used cookbooks and who ate their meals merit consideration. Books by their nature imply literacy. Who is the book’s audience? Is it the cook or is it the lady of the house who will dictate instructions to the cook? Numeracy and measurement is also important. Where clocks or pocket watches were not widely available, authors such as seventeenth century recipe writer Sir Kenelm Digby would time his cooking by the recitation of the Lord’s Prayer. Literacy amongst protestant women to enable them to read the Bible, also enabled them to read cookbooks (Gold). How did the reader or eater’s religion affect the food practices? Were there fast days? Were there substitute foods for fast days? What about special occasions? Do historic cookbooks only tell us about the food of the middle and upper classes? It is widely accepted today that certain cookbook authors appeal to confident cooks, while others appeal to competent cooks, and others still to more cautious cooks (Bilton). This has always been the case, as has the differentiation between the cookbook aimed at the professional cook rather than the amateur. Historically, male cookbook authors such as Patrick Lamb (1650–1709) and Robert Smith targeted the professional cook market and the nobility and gentry, whereas female authors such as Eliza Acton (1799–1859) and Isabella Beeton (1836–1865) often targeted the middle class market that aspired to emulate their superiors’ fashions in food and dining. How about Tavern or Restaurant cooks? When did they start to put pen to paper, and did what they wrote reflect the food they produced in public eateries? Conclusions This paper has offered an overview of Barbara Ketchum Wheaton’s methodology for reading historic cookbooks using a structured approach. It has highlighted some of the questions scholars and researchers might ask when faced with an old cookbook, regardless of era or geographical location. By systematically examining the book under the headings of ingredients; the cook’s workplace, techniques and equipment; the meals; cookbooks as objects and the world of publishing; and reader, cook and eater, the scholar can perform magic and extract much more from the cookbook than seems to be there on first appearance. References Ackerman, Roy. The Chef's Apprentice. London: Headline, 1988. Adamson, Melitta Weiss. Food in Medieval Times. Westport, Connecticut: Greenwood P, 2004. Albala, Ken. Eating Right in the Renaissance. Ed. Darra Goldstein. Berkeley: U of California P, 2002. Beeton, Isabella. Beeton's Book of Household Management. London: S. Beeton, 1861. Bilton, Samantha. “The Influence of Cookbooks on Domestic Cooks, 1900-2010.” Petit Propos Culinaires 94 (2011): 30–7. Blake, Anthony, and Quentin Crewe. Great Chefs of France. London: Mitchell Beazley/ Artists House, 1978. Brighton Pavilion. 12 Jun. 2013 ‹http://www.guardian.co.uk/artanddesign/interactive/2011/sep/09/brighton-pavilion-360-interactive-panoramic›. Cashman, Dorothy. “An Exploratory Study of Irish Cookbooks.” Unpublished Master's Thesis. M.Sc. Dublin: Dublin Institute of Technology, 2009. Chartier, Roger. “The Practical Impact of Writing.” Trans. Arthur Goldhammer. A History of Private Lives: Volume III: Passions of the Renaissance. Ed. Roger Chartier. Cambridge, Massachusetts: Belknap P of Harvard U, 1989. 111-59. Davidson, Alan. The Oxford Companion to Food. New York: Oxford U P, 1999. Dawson, Barbara. “Francis Bacon and the Art of Food.” The Irish Times 6 April 2013. den Hartog, Adel P. “Technological Innovations and Eating out as a Mass Phenomenon in Europe: A Preamble.” Eating out in Europe: Picnics, Gourmet Dining and Snacks since the Late Eighteenth Century. Eds. Mark Jacobs and Peter Scholliers. Oxford: Berg, 2003. 263–80. Eatwell, Ann. “Á La Française to À La Russe, 1680-1930.” Elegant Eating: Four Hundred Years of Dining in Style. Eds. Philippa Glanville and Hilary Young. London: V&A, 2002. 48–52. Flandrin, Jean-Louis. “Distinction through Taste.” Trans. Arthur Goldhammer. A History of Private Lives: Volume III : Passions of the Renaissance. Ed. Roger Chartier. Cambridge, Massachusetts: Belknap P of Harvard U, 1989. 265–307. Folch, Christine. “Fine Dining: Race in Pre-revolution Cuban Cookbooks.” Latin American Research Review 43.2 (2008): 205–23. Glasse, Hannah. The Art of Cookery Made Plain and Easy; Which Far Exceeds Anything of the Kind Ever Published. 4th Ed. London: The Author, 1745. Gold, Carol. Danish Cookbooks: Domesticity and National Identity, 1616-1901. Seattle: U of Washington P, 2007. Grainger, Sally. Cooking Apicius: Roman Recipes for Today. Totnes, Devon: Prospect, 2006. Hampton Court Palace. “The Tudor Kitchens.” 12 Jun 2013 ‹http://www.hrp.org.uk/HamptonCourtPalace/stories/thetudorkitchens› Katz, Solomon H. Ed. Encyclopedia of Food and Culture (3 Vols). New York: Charles Scribner’s Sons, 2003. Kuhn, T. S. The Structure of Scientific Revolutions. Chicago: U of Chicago P, 1962. Lamb, Patrick. Royal Cookery:Or. The Complete Court-Cook. London: Abel Roper, 1710. Lehmann, Gilly. “English Cookery Books in the 18th Century.” The Oxford Companion to Food. Ed. Alan Davidson. Oxford: Oxford U P, 1999. 277–9. Mac Con Iomaire, Máirtín. “The Changing Geography and Fortunes of Dublin’s Haute Cuisine Restaurants 1958–2008.” Food, Culture & Society 14.4 (2011): 525–45. Mac Con Iomaire, Máirtín, and Dorothy Cashman. “Irish Culinary Manuscripts and Printed Cookbooks: A Discussion.” Petit Propos Culinaires 94 (2011): 81–101. Mason, Laura. Food Culture in Great Britain. Ed. Ken Albala. Westport CT.: Greenwood P, 2004. Mennell, Stephen. All Manners of Food. 2nd ed. Chicago: U of Illinois P, 1996. ---. “Plagiarism and Originality: Diffusionism in the Study of the History of Cookery.” Petits Propos Culinaires 68 (2001): 29–38. Sherman, Sandra. “‘The Whole Art and Mystery of Cooking’: What Cookbooks Taught Readers in the Eighteenth Century.” Eighteenth Century Life 28.1 (2004): 115–35. Smith, Andrew F. Ed. The Oxford Companion to American Food and Drink. New York: Oxford U P, 2007. Spencer, Colin. British Food: An Extraordinary Thousand Years of History. London: Grub Street, 2004. Tierney, Mark. Europe and the World 1300-1763. Dublin: Gill and Macmillan, 1970. Trubek, Amy B. Haute Cuisine: How the French Invented the Culinary Profession. Philadelphia: U of Pennsylvania P, 2000. Wheaton, Barbara. “Finding Real Life in Cookbooks: The Adventures of a Culinary Historian”. 2006. Humanities Research Group Working Paper. 9 Sep. 2009 ‹http://www.phaenex.uwindsor.ca/ojs/leddy/index.php/HRG/article/view/22/27›. Wheaton, Barbara Ketcham. Savouring the Past: The French Kitchen and Table from 1300-1789. London: Chatto & Windus, 1983. White, Eileen, ed. The English Cookery Book: Historical Essays. Proceedings of the 16th Leeds Symposium on Food History 2001. Devon: Prospect, 2001.
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Franks, Rachel. "Building a Professional Profile: Charles Dickens and the Rise of the “Detective Force”." M/C Journal 20, no. 2 (April 26, 2017). http://dx.doi.org/10.5204/mcj.1214.

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IntroductionAccounts of criminals, their victims, and their pursuers have become entrenched within the sphere of popular culture; most obviously in the genres of true crime and crime fiction. The centrality of the pursuer in the form of the detective, within these stories, dates back to the nineteenth century. This, often highly-stylised and regularly humanised protagonist, is now a firm feature of both factual and fictional accounts of crime narratives that, today, regularly focus on the energies of the detective in solving a variety of cases. So familiar is the figure of the detective, it seems that these men and women—amateurs and professionals—have always had an important role to play in the pursuit and punishment of the wrongdoer. Yet, the first detectives were forced to overcome significant resistance from a suspicious public. Some early efforts to reimagine punishment and to laud the detective include articles written by Charles Dickens; pieces on public hangings and policing that reflect the great Victorian novelist’s commitment to shed light on, through written commentaries, a range of important social issues. This article explores some of Dickens’s lesser-known pieces, that—appearing in daily newspapers and in one of his own publications Household Words—helped to change some common perceptions of punishment and policing. Image 1: Harper's Magazine 7 December 1867 (Charles Dickens Reading, by Charles A. Barry). Image credit: United States Library of Congress Prints and Photographs Division. A Reliance on the Scaffold: Early Law Enforcement in EnglandCrime control in 1720s England was dependent upon an inconsistent, and by extension ineffective, network of constables and night watchmen. It would be almost another three decades before Henry Fielding established the Bow Street Foot Patrol, or Bow Street Runners, in 1749, “six men in blue coats, patrolling the area within six miles of Charing Cross” (Worsley 35). A large-scale, formalised police force was attempted by Pitt the Younger in 1785 with his “Bill for the Further prevention of Crime and for the more Speedy Detection and Punishment of Offenders against the Peace” (Lyman 144). The proposed legislation was withdrawn due to fierce opposition that was underpinned by fears, held by officials, of a divestment of power to a new body of law enforcers (Lyman 144).The type of force offered in 1785 would not be realised until the next century, when the work of Robert Peel saw the passing of the Metropolitan Police Act 1829. The Police Act, which “constituted a revolution in traditional methods of law enforcement” (Lyman 141), was focused on the prevention of crime, “to reassure the lawful and discourage the wrongdoer” (Hitchens 51). Until these changes were implemented violent punishment, through the Waltham Black Act 1723, remained firmly in place (Cruickshanks and Erskine-Hill 359) as part of the state’s arsenal against crime (Pepper 473).The Black Act, legislation often referred to as the ‘Bloody Code’ as it took the number of capital felonies to over 350 (Pepper 473), served in lieu of consistency and cooperation, across the country, in relation to the safekeeping of the citizenry. This situation inevitably led to anxieties about crime and crime control. In 1797 Patrick Colquhoun, a magistrate, published A Treatise on the Police of the Metropolis in which he estimated that, out of a city population of just under 1 million, 115,000 men and women supported themselves “in and near the Metropolis by pursuits either criminal-illegal-or immoral” (Lyman 144). Andrew Pepper highlights tensions between “crime, governance and economics” as well as “rampant petty criminality [… and] widespread political corruption” (474). He also notes a range of critical responses to crime and how, “a particular kind of writing about crime in the 1720s demonstrated, perhaps for the first time, an awareness of, or self-consciousness about, this tension between competing visions of the state and state power” (Pepper 474), a tension that remains visible today in modern works of true crime and crime fiction. In Dickens’s day, crime and its consequences were serious legal, moral, and social issues (as, indeed, they are today). An increase in the crime rate, an aggressive state, the lack of formal policing, the growth of the printing industry, and writers offering diverse opinions—from the sympathetic to the retributive—on crime changed crime writing. The public wanted to know about the criminal who had disturbed society and wanted to engage with opinions on how the criminal should be stopped and punished. The public also wanted to be updated on changes to the judicial system such as the passing of the Judgement of Death Act 1823 which drastically reduced the number of capital crimes (Worsley 122) and how the Gaols Act, also of 1823, “moved tentatively towards national prison reform” (Gattrell 579). Crimes continued to be committed and alongside the wrongdoers were readers that wanted to be diverted from everyday events by, but also had a genuine need to be informed about, crime. A demand for true crime tales demonstrating a broader social need for crimes, even the most minor infractions, to be publicly punished: first on the scaffold and then in print. Some cases were presented as sensationalised true crime tales; others would be fictionalised in short stories and novels. Standing Witness: Dickens at the ScaffoldIt is interesting to note that Dickens witnessed at least four executions in his lifetime (Simpson 126). The first was the hanging of a counterfeiter, more specifically a coiner, which in the 1800s was still a form of high treason. The last person executed for coining in England was in early 1829; as Dickens arrived in London at the end of 1822, aged just 10-years-old (Simpson 126-27) he would have been a boy when he joined the crowds around the scaffold. Many journalists and writers who have documented executions have been “criticised for using this spectacle as a source for generating sensational copy” (Simpson 127). Dickens also wrote about public hangings. His most significant commentaries on the issue being two sets of letters: one set published in The Daily News (1846) and a second set published in The Times (1849) (Brandwood 3). Yet, he was immune from the criticism directed at so many other writers, in large part, due to his reputation as a liberal, “social reformer moved by compassion, but also by an antipathy toward waste, bureaucratic incompetence, and above all toward exploitation and injustice” (Simpson 127). As Anthony Simpson points out, Dickens did not sympathise with the condemned: “He wrote as a realist and not a moralist and his lack of sympathy for the criminal was clear, explicit and stated often” (128). Simpson also notes that Dickens’s letters on execution written in 1846 were “strongly supportive of total abolition” while later letters, written in 1849, presented arguments against public executions rather than the practice of execution. In 1859 Dickens argued against pardoning a poisoner. While in 1864 he supported the execution of the railway carriage murderer Franz Müller, explaining he would be glad to abolish both public executions and capital punishment, “if I knew what to do with the Savages of civilisation. As I do not, I would rid Society of them, when they shed blood, in a very solemn manner” (in Simpson 138-39) that is, executions should proceed but should take place in private.Importantly, Dickens was consistently concerned about society’s fascination with the scaffold. In his second letter to The Daily News, Dickens asks: round what other punishment does the like interest gather? We read of the trials of persons who have rendered themselves liable to transportation for life, and we read of their sentences, and, in some few notorious instances, of their departure from this country, and arrival beyond the sea; but they are never followed into their cells, and tracked from day to day, and night to night; they are never reproduced in their false letters, flippant conversations, theological disquisitions with visitors, lay and clerical […]. They are tried, found guilty, punished; and there an end. (“To the Editors of The Daily News” 6)In this passage, Dickens describes an overt curiosity with those criminals destined for the most awful of punishments. A curiosity that was put on vile display when a mob gathered on the concourse to watch a hanging; a sight which Dickens readily admitted “made [his] blood run cold” (“Letter to the Editor” 4).Dickens’s novels are grand stories, many of which feature criminals and criminal sub-plots. There are, for example, numerous criminals, including the infamous Fagin in Oliver Twist; or, The Parish Boy’s Progress (1838); several rioters are condemned to hang in Barnaby Rudge: A Tale of the Riots of Eighty (1841); there is murder in The Life and Adventures of Martin Chuzzlewit (1844); and murder, too, in Bleak House (1853). Yet, Dickens never wavered in his revulsion for the public display of the execution as revealed in his “refusal to portray the scene at the scaffold [which] was principled and heartfelt. He came, reluctantly to support capital punishment, but he would never use its application for dramatic effect” (Simpson 141).The Police Detective: A Public Relations ExerciseBy the mid-1700s the crime story was one of “sin to crime and then the gallows” (Rawlings online): “Crimes of every defcription (sic) have their origin in the vicious and immoral habits of the people” (Colquhoun 32). As Philip Rawlings notes, “once sin had been embarked upon, capture and punishment followed” (online). The origins of this can be found in the formula relied upon by Samuel Smith in the seventeenth century. Smith was the Ordinary of Newgate, or prison chaplain (1676–1698), who published Accounts of criminals and their gruesome ends. The outputs swelled the ranks of the already burgeoning market of broadsides, handbills and pamphlets. Accounts included: 1) the sermon delivered as the prisoner awaited execution; 2) a brief overview of the crimes for which the prisoner was being punished; and 3) a reporting of the events that surrounded the execution (Gladfelder 52–53), including the prisoner’s behaviour upon the scaffold and any last words spoken. For modern readers, the detective and the investigation is conspicuously absent. These popular Accounts (1676–1772)—over 400 editions offering over 2,500 criminal biographies—were only a few pence a copy. With print runs in the thousands, the Ordinary earnt up to £200 per year for his efforts (Emsley, Hitchcock, and Shoemaker online). For:penitence and profit made comfortable bedfellows, ensuring true crime writing became a firm feature of the business of publishing. That victims and villains suffered was regrettable but no horror was so terrible anyone forgot there was money to be made. (Franks, “Stealing Stories” 7)As the changes brought about by the Industrial Revolution were having their full impact, many were looking for answers, and certainty, in a period of radical social transformation. Sin as a central motif in crime stories was insufficient: the detective was becoming essential (Franks, “True Crime” 239). “In the nineteenth century, the role of the newly-fashioned detective as an agent of consolation or security is both commercially and ideologically central to the subsequent project of popular crime writing” (Bell 8). This was supported by an “increasing professionalism and proficiency of policemen, detectives, and prosecutors, new understandings about psychology, and advances in forensic science and detection techniques” (Murley 10). Elements now included in most crime narratives. Dickens insisted that the detective was a crucial component of the justice system—a figure to be celebrated, one to take centre stage in the crime story—reflecting his staunch support “of the London Metropolitan Police” (Simpson 140). Indeed, while Dickens is known principally for exposing wretched poverty, he was also interested in a range of legal issues as can be evinced from his writings for Household Words. Image 2: Household Words 27 July 1850 (Front Page). Image credit: Dickens Journals Online. W.H. Wills argued for the acceptance of the superiority of the detective when, in 1850, he outlined the “difference between a regular and a detective policeman” (368). The detective must, he wrote: “counteract every sort of rascal whose only means of existence it avowed rascality, but to clear up mysteries, the investigation of which demands the utmost delicacy and tact” (368). The detective is also extraordinarily efficient; cases are solved quickly, in one example a matter is settled in just “ten minutes” (369).Dickens’s pro-police pieces, included a blatantly promotional, two-part work “A Detective Police Party” (1850). The narrative begins with open criticism of the Bow Street Runners contrasting these “men of very indifferent character” to the Detective Force which is “so well chosen and trained, proceeds so systematically and quietly, does its business in such a workman-like manner, and is always so calmly and steadily engaged in the service of the public” (“Police Party, Part I” 409). The “party” is just that: a gathering of detectives and editorial staff. Men in a “magnificent chamber”, seated at “a round table […] with some glasses and cigars arranged upon it; and the editorial sofa elegantly hemmed in between that stately piece of furniture and the wall” (“Police Party, Part I” 409). Two inspectors and five sergeants are present. Each man prepared to share some of their experiences in the service of Londoners:they are, [Dickens tells us] one and all, respectable-looking men; of perfectly good deportment and unusual intelligence; with nothing lounging or slinking in their manners; with an air of keen observation, and quick perception when addressed; and generally presenting in their faces, traces more or less marked of habitually leading lives of strong mental excitement. (“Police Party, Part I” 410) Dickens goes to great lengths to reinforce the superiority of the police detective. These men, “in a glance, immediately takes an inventory of the furniture and an accurate sketch of the editorial presence” and speak “very concisely, and in well-chosen language” and who present as an “amicable brotherhood” (“Police Party, Part I” 410). They are also adaptable and constantly working to refine their craft, through apeculiar ability, always sharpening and being improved by practice, and always adapting itself to every variety of circumstances, and opposing itself to every new device that perverted ingenuity can invent, for which this important social branch of the public service is remarkable! (“Police Party, Part II” 459)These detectives are also, in some ways, familiar. Dickens’s offerings include: a “shrewd, hard-headed Scotchman – in appearance not at all unlike a very acute, thoroughly-trained schoolmaster”; a man “with a ruddy face and a high sun-burnt forehead, [who] has the air of one who has been a Sergeant in the army” (“Police Party, Part I” 409-10); and another man who slips easily into the role of the “greasy, sleepy, shy, good-natured, chuckle-headed, un-suspicious, and confiding young butcher” (“Police Party, Part II” 457). These descriptions are more than just attempts to flesh out a story; words on a page reminding us that the author is not just another journalist but one of the great voices of the Victorian era. These profiles are, it is argued here, a deliberate strategy to reassure readers.In summary, police detectives are only to be feared by those residing on the wrong side of the law. For those without criminal intent; detectives are, in some ways, like us. They are people we already know and trust. The stern but well-meaning, intelligent school teacher; the brave and loyal soldier defending the Empire; and the local merchant, a person we see every day. Dickens provides, too, concrete examples for how everyone can contribute to a safer society by assisting these detectives. This, is perfect public relations. Thus, almost singlehandedly, he builds a professional profile for a new type of police officer. The problem (crime) and its solution (the detective) neatly packaged, with step-by-step instructions for citizens to openly support this new-style of constabulary and so achieve a better, less crime-ridden community. This is a theme pursued in “Three Detective Anecdotes” (1850) where Dickens continued to successfully merge “solid lower-middle-class respectability with an intimate knowledge of the criminal world” (Priestman 177); so, proffering the ideal police detective. A threat to the criminal but not to the hard-working and honest men, women, and children of the city.The Detective: As Fact and as FictionThese writings are also a precursor to one of the greatest fictional detectives of the English-speaking world. Dickens observes that, for these new-style police detectives: “Nothing is so common or deceptive as such appearances at first” (“Police Party, Part I” 410). In 1891, Arthur Conan Doyle would write that: “There is nothing so deceptive as an obvious fact” (78). Dickens had prepared readers for the consulting detective Sherlock Holmes: who was smarter, more observant and who had more determination to take on criminals than the average person. The readers of Dickens were, in many respects, positioned as prototypes of Dr John Watson: a hardworking, loyal Englishman. Smart. But not as smart as those who would seek to do harm. Watson needed Holmes to make the world a better place; the subscriber to Household Words needed the police detective.Another article, “On Duty with Inspector Field” (1851), profiled the “well-known hand” responsible for bringing numerous offenders to justice and sending them, “inexorably, to New South Wales” (Dickens 266). Critically this true crime narrative would be converted into a crime fiction story as Inspector Field is transformed (it is widely believed) into the imagined Inspector Bucket. The 1860s have been identified as “a period of awakening for the detective novel” (Ashley x), a predictor of which is the significant sub-plot of murder in Dickens’s Bleak House. In this novel, a murder is committed with the case taken on, and competently solved by, Bucket who is a man of “skill and integrity” a man presented as an “ideal servant” though one working for a “flawed legal system” (Walton 458). Mr Snagsby, of Bleak House, observes Bucket as a man whoseems in some indefinable manner to lurk and lounge; also, that whenever he is going to turn to the right or left, he pretends to have a fixed purpose in his mind of going straight ahead, and wheels off, sharply at the very last moment [… He] notices things in general, with a face as unchanging as the great mourning ring on his little finger, or the brooch, composed of not much diamond and a good deal of setting, which he wears in his shirt. (278) This passage, it is argued here, places Bucket alongside the men at the detective police party in Household Words. He is simultaneously superhuman in mind and manner, though rather ordinary in dress. Like the real-life detectives of Dickens’s articles; he is a man committed to keeping the city safe while posing no threat to law-abiding citizens. ConclusionThis article has explored, briefly, the contributions of the highly-regarded Victorian author, Charles Dickens, to factual and fictional crime writing. The story of Dickens as a social commentator is one that is familiar to many; what is less well-known is the connection of Dickens to important conversations around capital punishment and the rise of the detective in crime-focused narratives; particularly how he assisted in building the professional profile of the police detective. In this way, through fact and fiction, Dickens performed great (if under-acknowledged) public services around punishment and law enforcement: he contributed to debates on the death penalty and he helped to build trust in the radical social project that established modern-day policing.AcknowledgementsThe author offers her sincere thanks to the New South Wales Dickens Society, Simon Dwyer, and Peter Kirkpatrick. The author is also grateful to the reviewers of this article for their thoughtful comments and valuable suggestions. ReferencesAshley, Mike. “Introduction: Seeking the Evidence.” The Notting Hill Mystery. Author. Charles Warren Adams. London: The British Library, 2012. xxi-iv. Bell, Ian A. “Eighteenth-Century Crime Writing.” The Cambridge Companion to Crime Fiction. Ed. Martin Priestman. Cambridge: Cambridge UP, 2003/2006. 7-17.Brandwood, Katherine. “The Dark and Dreadful Interest”: Charles Dickens, Public Death and the Amusements of the People. MA Thesis. Washington, DC: Georgetown University, 2013. 19 Feb. 2017 <https://repository.library.georgetown.edu/bitstream/handle/10822/558266/Brandwood_georgetown_0076M_12287.pdf;sequence=1>.Collins, Philip. Dickens and Crime. London: Macmillan & Co, 1964.Cruickshanks, Eveline, and Howard Erskine-Hill. “The Waltham Black Act and Jacobitism.” Journal of British Studies 24.3 (1985): 358-65.Dickens, Charles. Oliver Twist; or, The Parish Boy’s Progress. London: Richard Bentley,1838.———. Barnaby Rudge: A Tale of the Riots of Eighty. London: Chapman & Hall, 1841. ———. The Life and Adventures of Martin Chuzzlewit. London: Chapman & Hall, 1844.———. “To the Editors of The Daily News.” The Daily News 28 Feb. 1846: 6. (Reprinted in Antony E. Simpson. Witnesses to the Scaffold. Lambertville: True Bill P, 2008. 141–149.)———. “Letter to the Editor.” The Times 14 Nov. 1849: 4. (Reprinted in Antony E. Simpson. Witnesses to the Scaffold. Lambertville: True Bill P, 2008. 149-51.)———. “A Detective Police Party, Part I.” Household Words 1.18 (1850): 409-14.———. “A Detective Police Party, Part II.” Household Words 1.20 (1850): 457-60.———. “Three Detective Anecdotes.” Household Words 1.25 (1850): 577-80.———. “On Duty with Inspector Field.” Household Words 3.64 (1851): 265-70.———. Bleak House. London: Bradbury and Evans, 1853/n.d.Doyle, Arthur Conan. “The Boscombe Valley Mystery.” The Adventures of Sherlock Holmes. London: Penguin, 1892/1981. 74–99.Emsley, Clive, Tim Hitchcock, and Robert Shoemaker. “The Proceedings: Ordinary of Newgate’s Accounts.” Old Bailey Proceedings Online, n.d. 4 Feb. 2017 <https://www.oldbaileyonline.org/static/Ordinarys-accounts.jsp>. Franks, Rachel. “True Crime: The Regular Reinvention of a Genre.” Journal of Asia-Pacific Pop Culture 1.2 (2016): 239-54. ———. “Stealing Stories: Punishment, Profit and the Ordinary of Newgate.” Refereed Proceedings of the 21st Conference of the Australasian Association of Writing Programs: Authorised Theft. Eds. Niloofar Fanaiyan, Rachel Franks, and Jessica Seymour. 2016. 1-11. 20 Mar. 2017 <http://www.aawp.org.au/publications/the-authorised-theft-papers/>.Gatrell, V.A.C. The Hanging Tree: Execution and the English People, 1770-1868. Oxford: Oxford UP, 1996.Gladfelder, Hal. Criminality and Narrative in Eighteenth-Century England. Baltimore: Johns Hopkins UP, 2001.Hitchens, Peter. A Brief History of Crime: The Decline of Order, Justice and Liberty in England. London: Atlantic Books, 2003.Lyman, J.L. “The Metropolitan Police Act of 1829.” Journal of Criminal Law, Criminology and Police Science 55.1 (1964): 141-54.Murley, Jean. The Rise of True Crime: 20th Century Murder and American Popular Culture. Westport: Praeger, 2008.Pepper, Andrew. “Early Crime Writing and the State: Jonathan Wilde, Daniel Defoe and Bernard Mandeville in 1720s London.” Textual Practice 25.3 (2011): 473-91. Priestman, Martin. “Post-War British Crime Fiction.” The Cambridge Companion to Crime Fiction. Ed. Martin Priestman. Cambridge: Cambridge UP, 2003. 173-89.Rawlings, Philip. “True Crime.” The British Criminology Conferences: Selected Proceedings, Volume 1: Emerging Themes in Criminology. Eds. Jon Vagg and Tim Newburn. London: British Society of Criminology (1998). 4 Feb. 2017 <http://www.britsoccrim.org/volume1/010.pdf>.Simpson, Antony E. Witnesses to the Scaffold: English Literary Figures as Observers of Public Executions. Lambertville: True Bill P, 2008.Walton, James. “Conrad, Dickens, and the Detective Novel.” Nineteenth-Century Fiction 23.4 (1969): 446-62.Wills, William Henry. “The Modern Science of Thief-Taking.” Household Words 1.16 (1850): 368-72.Worsley, Lucy. A Very British Murder: The Curious Story of How Crime Was Turned into Art. London: BBC Books, 2013/2014.
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Mac Con Iomaire, Máirtín. "Coffee Culture in Dublin: A Brief History." M/C Journal 15, no. 2 (May 2, 2012). http://dx.doi.org/10.5204/mcj.456.

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IntroductionIn the year 2000, a group of likeminded individuals got together and convened the first annual World Barista Championship in Monte Carlo. With twelve competitors from around the globe, each competitor was judged by seven judges: one head judge who oversaw the process, two technical judges who assessed technical skills, and four sensory judges who evaluated the taste and appearance of the espresso drinks. Competitors had fifteen minutes to serve four espresso coffees, four cappuccino coffees, and four “signature” drinks that they had devised using one shot of espresso and other ingredients of their choice, but no alcohol. The competitors were also assessed on their overall barista skills, their creativity, and their ability to perform under pressure and impress the judges with their knowledge of coffee. This competition has grown to the extent that eleven years later, in 2011, 54 countries held national barista championships with the winner from each country competing for the highly coveted position of World Barista Champion. That year, Alejandro Mendez from El Salvador became the first world champion from a coffee producing nation. Champion baristas are more likely to come from coffee consuming countries than they are from coffee producing countries as countries that produce coffee seldom have a culture of espresso coffee consumption. While Ireland is not a coffee-producing nation, the Irish are the highest per capita consumers of tea in the world (Mac Con Iomaire, “Ireland”). Despite this, in 2008, Stephen Morrissey from Ireland overcame 50 other national champions to become the 2008 World Barista Champion (see, http://vimeo.com/2254130). Another Irish national champion, Colin Harmon, came fourth in this competition in both 2009 and 2010. This paper discusses the history and development of coffee and coffee houses in Dublin from the 17th century, charting how coffee culture in Dublin appeared, evolved, and stagnated before re-emerging at the beginning of the 21st century, with a remarkable win in the World Barista Championships. The historical links between coffeehouses and media—ranging from print media to electronic and social media—are discussed. In this, the coffee house acts as an informal public gathering space, what urban sociologist Ray Oldenburg calls a “third place,” neither work nor home. These “third places” provide anchors for community life and facilitate and foster broader, more creative interaction (Oldenburg). This paper will also show how competition from other “third places” such as clubs, hotels, restaurants, and bars have affected the vibrancy of coffee houses. Early Coffee Houses The first coffee house was established in Constantinople in 1554 (Tannahill 252; Huetz de Lemps 387). The first English coffee houses opened in Oxford in 1650 and in London in 1652. Coffee houses multiplied thereafter but, in 1676, when some London coffee houses became hotbeds for political protest, the city prosecutor decided to close them. The ban was soon lifted and between 1680 and 1730 Londoners discovered the pleasure of drinking coffee (Huetz de Lemps 388), although these coffee houses sold a number of hot drinks including tea and chocolate as well as coffee.The first French coffee houses opened in Marseille in 1671 and in Paris the following year. Coffee houses proliferated during the 18th century: by 1720 there were 380 public cafés in Paris and by the end of the century there were 600 (Huetz de Lemps 387). Café Procope opened in Paris in 1674 and, in the 18th century, became a literary salon with regular patrons: Voltaire, Rousseau, Diderot and Condorcet (Huetz de Lemps 387; Pitte 472). In England, coffee houses developed into exclusive clubs such as Crockford’s and the Reform, whilst elsewhere in Europe they evolved into what we identify as cafés, similar to the tea shops that would open in England in the late 19th century (Tannahill 252-53). Tea quickly displaced coffee in popularity in British coffee houses (Taylor 142). Pettigrew suggests two reasons why Great Britain became a tea-drinking nation while most of the rest of Europe took to coffee (48). The first was the power of the East India Company, chartered by Elizabeth I in 1600, which controlled the world’s biggest tea monopoly and promoted the beverage enthusiastically. The second was the difficulty England had in securing coffee from the Levant while at war with France at the end of the seventeenth century and again during the War of the Spanish Succession (1702-13). Tea also became the dominant beverage in Ireland and over a period of time became the staple beverage of the whole country. In 1835, Samuel Bewley and his son Charles dared to break the monopoly of The East India Company by importing over 2,000 chests of tea directly from Canton, China, to Ireland. His family would later become synonymous with the importation of coffee and with opening cafés in Ireland (see, Farmar for full history of the Bewley's and their activities). Ireland remains the highest per-capita consumer of tea in the world. Coffee houses have long been linked with social and political change (Kennedy, Politicks; Pincus). The notion that these new non-alcoholic drinks were responsible for the Enlightenment because people could now gather socially without getting drunk is rejected by Wheaton as frivolous, since there had always been alternatives to strong drink, and European civilisation had achieved much in the previous centuries (91). She comments additionally that cafés, as gathering places for dissenters, took over the role that taverns had long played. Pennell and Vickery support this argument adding that by offering a choice of drinks, and often sweets, at a fixed price and in a more civilized setting than most taverns provided, coffee houses and cafés were part of the rise of the modern restaurant. It is believed that, by 1700, the commercial provision of food and drink constituted the second largest occupational sector in London. Travellers’ accounts are full of descriptions of London taverns, pie shops, coffee, bun and chop houses, breakfast huts, and food hawkers (Pennell; Vickery). Dublin Coffee Houses and Later incarnations The earliest reference to coffee houses in Dublin is to the Cock Coffee House in Cook Street during the reign of Charles II (1660-85). Public dining or drinking establishments listed in the 1738 Dublin Directory include taverns, eating houses, chop houses, coffee houses, and one chocolate house in Fownes Court run by Peter Bardin (Hardiman and Kennedy 157). During the second half of the 17th century, Dublin’s merchant classes transferred allegiance from taverns to the newly fashionable coffee houses as places to conduct business. By 1698, the fashion had spread to country towns with coffee houses found in Cork, Limerick, Kilkenny, Clonmel, Wexford, and Galway, and slightly later in Belfast and Waterford in the 18th century. Maxwell lists some of Dublin’s leading coffee houses and taverns, noting their clientele: There were Lucas’s Coffee House, on Cork Hill (the scene of many duels), frequented by fashionable young men; the Phoenix, in Werburgh Street, where political dinners were held; Dick’s Coffee House, in Skinner’s Row, much patronized by literary men, for it was over a bookseller’s; the Eagle, in Eustace Street, where meetings of the Volunteers were held; the Old Sot’s Hole, near Essex Bridge, famous for its beefsteaks and ale; the Eagle Tavern, on Cork Hill, which was demolished at the same time as Lucas’s to make room for the Royal Exchange; and many others. (76) Many of the early taverns were situated around the Winetavern Street, Cook Street, and Fishamble Street area. (see Fig. 1) Taverns, and later coffee houses, became meeting places for gentlemen and centres for debate and the exchange of ideas. In 1706, Francis Dickson published the Flying Post newspaper at the Four Courts coffee house in Winetavern Street. The Bear Tavern (1725) and the Black Lyon (1735), where a Masonic Lodge assembled every Wednesday, were also located on this street (Gilbert v.1 160). Dick’s Coffee house was established in the late 17th century by bookseller and newspaper proprietor Richard Pue, and remained open until 1780 when the building was demolished. In 1740, Dick’s customers were described thus: Ye citizens, gentlemen, lawyers and squires,who summer and winter surround our great fires,ye quidnuncs! who frequently come into Pue’s,To live upon politicks, coffee, and news. (Gilbert v.1 174) There has long been an association between coffeehouses and publishing books, pamphlets and particularly newspapers. Other Dublin publishers and newspapermen who owned coffee houses included Richard Norris and Thomas Bacon. Until the 1850s, newspapers were burdened with a number of taxes: on the newsprint, a stamp duty, and on each advertisement. By 1865, these taxes had virtually disappeared, resulting in the appearance of 30 new newspapers in Ireland, 24 of them in Dublin. Most people read from copies which were available free of charge in taverns, clubs, and coffee houses (MacGiolla Phadraig). Coffee houses also kept copies of international newspapers. On 4 May 1706, Francis Dickson notes in the Dublin Intelligence that he held the Paris and London Gazettes, Leyden Gazette and Slip, the Paris and Hague Lettres à la Main, Daily Courant, Post-man, Flying Post, Post-script and Manuscripts in his coffeehouse in Winetavern Street (Kennedy, “Dublin”). Henry Berry’s analysis of shop signs in Dublin identifies 24 different coffee houses in Dublin, with the main clusters in Essex Street near the Custom’s House (Cocoa Tree, Bacon’s, Dempster’s, Dublin, Merchant’s, Norris’s, and Walsh’s) Cork Hill (Lucas’s, St Lawrence’s, and Solyman’s) Skinners’ Row (Bow’s’, Darby’s, and Dick’s) Christ Church Yard (Four Courts, and London) College Green (Jack’s, and Parliament) and Crampton Court (Exchange, and Little Dublin). (see Figure 1, below, for these clusters and the locations of other Dublin coffee houses.) The earliest to be referenced is the Cock Coffee House in Cook Street during the reign of Charles II (1660-85), with Solyman’s (1691), Bow’s (1692), and Patt’s on High Street (1699), all mentioned in print before the 18th century. The name of one, the Cocoa Tree, suggests that chocolate was also served in this coffee house. More evidence of the variety of beverages sold in coffee houses comes from Gilbert who notes that in 1730, one Dublin poet wrote of George Carterwright’s wife at The Custom House Coffee House on Essex Street: Her coffee’s fresh and fresh her tea,Sweet her cream, ptizan, and whea,her drams, of ev’ry sort, we findboth good and pleasant, in their kind. (v. 2 161) Figure 1: Map of Dublin indicating Coffee House clusters 1 = Sackville St.; 2 = Winetavern St.; 3 = Essex St.; 4 = Cork Hill; 5 = Skinner's Row; 6 = College Green.; 7 = Christ Church Yard; 8 = Crampton Court.; 9 = Cook St.; 10 = High St.; 11 = Eustace St.; 12 = Werburgh St.; 13 = Fishamble St.; 14 = Westmorland St.; 15 = South Great George's St.; 16 = Grafton St.; 17 = Kildare St.; 18 = Dame St.; 19 = Anglesea Row; 20 = Foster Place; 21 = Poolbeg St.; 22 = Fleet St.; 23 = Burgh Quay.A = Cafe de Paris, Lincoln Place; B = Red Bank Restaurant, D'Olier St.; C = Morrison's Hotel, Nassau St.; D = Shelbourne Hotel, St. Stephen's Green; E = Jury's Hotel, Dame St. Some coffee houses transformed into the gentlemen’s clubs that appeared in London, Paris and Dublin in the 17th century. These clubs originally met in coffee houses, then taverns, until later proprietary clubs became fashionable. Dublin anticipated London in club fashions with members of the Kildare Street Club (1782) and the Sackville Street Club (1794) owning the premises of their clubhouse, thus dispensing with the proprietor. The first London club to be owned by the members seems to be Arthur’s, founded in 1811 (McDowell 4) and this practice became widespread throughout the 19th century in both London and Dublin. The origin of one of Dublin’s most famous clubs, Daly’s Club, was a chocolate house opened by Patrick Daly in c.1762–65 in premises at 2–3 Dame Street (Brooke). It prospered sufficiently to commission its own granite-faced building on College Green between Anglesea Street and Foster Place which opened in 1789 (Liddy 51). Daly’s Club, “where half the land of Ireland has changed hands”, was renowned for the gambling that took place there (Montgomery 39). Daly’s sumptuous palace catered very well (and discreetly) for honourable Members of Parliament and rich “bucks” alike (Craig 222). The changing political and social landscape following the Act of Union led to Daly’s slow demise and its eventual closure in 1823 (Liddy 51). Coincidentally, the first Starbucks in Ireland opened in 2005 in the same location. Once gentlemen’s clubs had designated buildings where members could eat, drink, socialise, and stay overnight, taverns and coffee houses faced competition from the best Dublin hotels which also had coffee rooms “in which gentlemen could read papers, write letters, take coffee and wine in the evening—an exiguous substitute for a club” (McDowell 17). There were at least 15 establishments in Dublin city claiming to be hotels by 1789 (Corr 1) and their numbers grew in the 19th century, an expansion which was particularly influenced by the growth of railways. By 1790, Dublin’s public houses (“pubs”) outnumbered its coffee houses with Dublin boasting 1,300 (Rooney 132). Names like the Goose and Gridiron, Harp and Crown, Horseshoe and Magpie, and Hen and Chickens—fashionable during the 17th and 18th centuries in Ireland—hung on decorative signs for those who could not read. Throughout the 20th century, the public house provided the dominant “third place” in Irish society, and the drink of choice for itd predominantly male customers was a frothy pint of Guinness. Newspapers were available in public houses and many newspapermen had their own favourite hostelries such as Mulligan’s of Poolbeg Street; The Pearl, and The Palace on Fleet Street; and The White Horse Inn on Burgh Quay. Any coffee served in these establishments prior to the arrival of the new coffee culture in the 21st century was, however, of the powdered instant variety. Hotels / Restaurants with Coffee Rooms From the mid-19th century, the public dining landscape of Dublin changed in line with London and other large cities in the United Kingdom. Restaurants did appear gradually in the United Kingdom and research suggests that one possible reason for this growth from the 1860s onwards was the Refreshment Houses and Wine Licences Act (1860). The object of this act was to “reunite the business of eating and drinking”, thereby encouraging public sobriety (Mac Con Iomaire, “Emergence” v.2 95). Advertisements for Dublin restaurants appeared in The Irish Times from the 1860s. Thom’s Directory includes listings for Dining Rooms from the 1870s and Refreshment Rooms are listed from the 1880s. This pattern continued until 1909, when Thom’s Directory first includes a listing for “Restaurants and Tea Rooms”. Some of the establishments that advertised separate coffee rooms include Dublin’s first French restaurant, the Café de Paris, The Red Bank Restaurant, Morrison’s Hotel, Shelbourne Hotel, and Jury’s Hotel (see Fig. 1). The pattern of separate ladies’ coffee rooms emerged in Dublin and London during the latter half of the 19th century and mixed sex dining only became popular around the last decade of the 19th century, partly infuenced by Cesar Ritz and Auguste Escoffier (Mac Con Iomaire, “Public Dining”). Irish Cafés: From Bewley’s to Starbucks A number of cafés appeared at the beginning of the 20th century, most notably Robert Roberts and Bewley’s, both of which were owned by Quaker families. Ernest Bewley took over the running of the Bewley’s importation business in the 1890s and opened a number of Oriental Cafés; South Great Georges Street (1894), Westmoreland Street (1896), and what became the landmark Bewley’s Oriental Café in Grafton Street (1927). Drawing influence from the grand cafés of Paris and Vienna, oriental tearooms, and Egyptian architecture (inspired by the discovery in 1922 of Tutankhamen’s Tomb), the Grafton Street business brought a touch of the exotic into the newly formed Irish Free State. Bewley’s cafés became the haunt of many of Ireland’s leading literary figures, including Samuel Becket, Sean O’Casey, and James Joyce who mentioned the café in his book, Dubliners. A full history of Bewley’s is available (Farmar). It is important to note, however, that pots of tea were sold in equal measure to mugs of coffee in Bewley’s. The cafés changed over time from waitress- to self-service and a failure to adapt to changing fashions led to the business being sold, with only the flagship café in Grafton Street remaining open in a revised capacity. It was not until the beginning of the 21st century that a new wave of coffee house culture swept Ireland. This was based around speciality coffee beverages such as espressos, cappuccinos, lattés, macchiatos, and frappuccinnos. This new phenomenon coincided with the unprecedented growth in the Irish economy, during which Ireland became known as the “Celtic Tiger” (Murphy 3). One aspect of this period was a building boom and a subsequent growth in apartment living in the Dublin city centre. The American sitcom Friends and its fictional coffee house, “Central Perk,” may also have helped popularise the use of coffee houses as “third spaces” (Oldenberg) among young apartment dwellers in Dublin. This was also the era of the “dotcom boom” when many young entrepreneurs, software designers, webmasters, and stock market investors were using coffee houses as meeting places for business and also as ad hoc office spaces. This trend is very similar to the situation in the 17th and early 18th centuries where coffeehouses became known as sites for business dealings. Various theories explaining the growth of the new café culture have circulated, with reasons ranging from a growth in Eastern European migrants, anti-smoking legislation, returning sophisticated Irish emigrants, and increased affluence (Fenton). Dublin pubs, facing competition from the new coffee culture, began installing espresso coffee machines made by companies such as Gaggia to attract customers more interested in a good latté than a lager and it is within this context that Irish baristas gained such success in the World Barista competition. In 2001 the Georges Street branch of Bewley’s was taken over by a chain called Café, Bar, Deli specialising in serving good food at reasonable prices. Many ex-Bewley’s staff members subsequently opened their own businesses, roasting coffee and running cafés. Irish-owned coffee chains such as Java Republic, Insomnia, and O’Brien’s Sandwich Bars continued to thrive despite the competition from coffee chains Starbucks and Costa Café. Indeed, so successful was the handmade Irish sandwich and coffee business that, before the economic downturn affected its business, Irish franchise O’Brien’s operated in over 18 countries. The Café, Bar, Deli group had also begun to franchise its operations in 2008 when it too became a victim of the global economic downturn. With the growth of the Internet, many newspapers have experienced falling sales of their printed format and rising uptake of their electronic versions. Most Dublin coffee houses today provide wireless Internet connections so their customers can read not only the local newspapers online, but also others from all over the globe, similar to Francis Dickenson’s coffee house in Winetavern Street in the early 18th century. Dublin has become Europe’s Silicon Valley, housing the European headquarters for companies such as Google, Yahoo, Ebay, Paypal, and Facebook. There are currently plans to provide free wireless connectivity throughout Dublin’s city centre in order to promote e-commerce, however, some coffee houses shut off the wireless Internet in their establishments at certain times of the week in order to promote more social interaction to ensure that these “third places” remain “great good places” at the heart of the community (Oldenburg). Conclusion Ireland is not a country that is normally associated with a coffee culture but coffee houses have been part of the fabric of that country since they emerged in Dublin in the 17th century. These Dublin coffee houses prospered in the 18th century, and survived strong competition from clubs and hotels in the 19th century, and from restaurant and public houses into the 20th century. In 2008, when Stephen Morrissey won the coveted title of World Barista Champion, Ireland’s place as a coffee consuming country was re-established. 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Totnes: Prospect Books, 1992. 311–14. World Barista, Championship. “History–World Barista Championship”. 2012. 02 Apr. 2012 ‹http://worldbaristachampionship.com2012›.AcknowledgementA warm thank you to Dr. Kevin Griffin for producing the map of Dublin for this article.
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