Artículos de revistas sobre el tema "Probate law and practice, washington (state)"

This article briefly outlines the community property and common law property systems and gives a brief history of wills. Next follows a discussion of built-in protections provided spouses in the community and common law property systems. Third, this article addresses how a spouse migrating to Texas from a common law state can be effectively left without support when her property-acquiring spouse devises property the couple acquired during marriage to a third party. Fourth, this article contends that quasi-community property principles should be employed in probate contexts to provide widowed migrating, non-acquiring spouses equitable property distributions similar to the way they apply in cases of divorce in Texas and in accordance with the jurisdictions of California, Idaho, Washington, and Louisiana. Finally, this article argues the Texas Legislature should amend the Texas Probate Code and suggests proposed legislation to correct the present inequity.

“Emergency contraception” case law from the state of Washington is reviewed and analyzed. Important legal, social policy, and professional ethical questions are considered with focus on professional and institutional conscientious objection to participating in this therapy.

By two circular notes, both dated December 22, 1993, the Secretary of State informed the Chiefs of Mission at Washington,,first, of recently enacted congressional legislation related to nonpayment of parking fines or penalties owed to the District of Columbia, and second, of a new policy with respect to payment of parking tickets, effective January 1, 1994, that the Department of State had initiated in response to congressional concerns about the problem and in cooperation with the District of Columbia.

The material in this section is arranged according to the system employed in the annual Digest of United States Practice in International Law, published by the Department of State.Alan J. Kreczko, Deputy Legal Adviser of the Department of State, appeared before the Senate Committee on Foreign Relations on April 8, 1992, to testify in support of various pending treaties, among them four extradition treaties: the Extradition Treaty between the Government of the United States of America and the Government of the Commonwealth of The Bahamas, signed at Nassau on March 9, 1990; the Protocol Amending the Treaty on Extradition between the United States of America and Australia, signed on September 4, 1990, at Seoul, Republic of Korea (where the Asia-Pacific Attorneys General Conference was being held); the Supplementary Treaty to the Treaty between the United States of America and the Federal Republic of Germany concerning Extradition, signed at Washington on October 21, 1986; and the Second Supplementary Treaty on Extradition between the United States and Spain, signed at Madrid on February 9, 1988.

AbstractTo date, in three European countries and three American states — i.e., the Netherlands, Luxemburg, Switzerland, and the states of Oregon, Washington and Montana — it is permitted by law for one person to assist in the suicide of another person. When comparing the legislations of these countries/states, it becomes apparent that the Netherlands, Luxemburg, Oregon, Washington and Montana have chosen a medical approach (the so-called medical model), whereas the Swiss legal framework for assisted suicide is clearly a non-medical one (the demedicalised model). The differences between these two models mainly concern two aspects: the requirement as to the capacity of the person providing assistance in suicide and the condition regarding the state of health of the person committing suicide. A closer view on the practice of assisted suicide in the depenalising countries shows that the differences are smaller than initially thought. Nevertheless, important distinctions still remain. When analysing which model is most preferable, it is concluded that an involvement of a physician is inevitable and necessary and that the requirement of a certain medical condition is needed to set a clear and objective limit.

Protection of a foreign investor is usually based on the national Law of the State — participant of the investment dispute. This is envisaged by Article 42 of the Washington Convention on Settlement of Investment Disputes between States and Nationals of Other States of 1965. The same article allows applying in certain cases the principles and the rules of international law to settle the conflict. It is an ordinary ICSID practice to judge on the jurisdiction of the ICSID arbitration basing on the rule of bilateral investment agreements between the governments of States, which are the international agreements fixing mutually favourable investment regime between the States — Parties to the Agreement. The incorrect interpretation of the Articles of the Agreement leads to expansion of the sphere of jurisdiction of ICSID arbitration and the infringement of the basic principle of international law on respect of sovereignty of a State. Such interpretation also makes it difficult to apply the European Law as an applicable law in the settlement of investment disputes against the States – members of the European Union.

The legal treatment of physician-assisted suicide (PAS) is in flux. Reform has been impelled by several forces, including the recent success of novel constitutional arguments in the Ninth and Second Circuit Courts of Appeals. I will review and discuss Compassion in Dying v. State of Washington and Quill v. Vacco, addressing the constitutional arguments, and then briefly considering the attractions and difficulties of these new constitutional theories.Before 1990, state criminal laws dealing with assisted suicide had reached a remarkably stable consensus: suicide was not illegal, but assisting suicide was a criminal action with no distinction typically made between physicians and others who assisted. The details of the relevant criminal law varied from state to state. Some states had criminal statutes specifically addressing assisted suicide, while others treated the practice under more general homicide statutes. But in no state was it clearly legal for a physician to prescribe a lethal medication at the request of a dying patient. While remarkable legal developments took place during the 1970s and 1980s regarding other aspects of the rights of dying patients (including the right to refuse resuscitation and other life-sustaining treatments and the right to withdraw from life-sustaining treatment including nutrition and hydration), there was relative quiescence regarding the law of PAS.

In Barbara Ferman’s collection, The Fight for America’s Schools, grassroots resistance to neoliberal education reform holds the spotlight. Her geographic lens is the Pennsylvania/New Jersey region. In this article, the geographic focus shifts to Memphis, Tennessee, and Washington, D.C. Experiences in these two cities show how the neoliberal agenda is protected in the face of disappointing results. The Memphis case centers on a state takeover driven by a market ideology. Its experience underscores that reducing local representation to an inconsequential advisory role also diminishes what education policy leaders believe they need to consider. D.C. offers a more complex narrative, one haunted by the corrupted metrics of Campbell’s Law. In both cities, the neoliberal toolbox proved unable to deliver in practice what the drawing board had promised.

Three groups of boys in Washington State care (37 sexually aggressive, 17 physically aggressive, and 15 nonaggressive) are compared on measures of behavior and cognition. Bandura’s Social Cognition theory is offered as a possible explanation for sexual aggression by children. Two theory-based hypothesis are tested. First, are sexually aggressive children cognitively deficient when compared to the other groups? Second, do the sexually aggressive children have cognitive distortions about their behavior and about sex? Similarities were found in the aggressive and sexually aggressive groups on several measures. Physically aggressive boys were found to have some sexual behavior problems. Sexually aggressive boys were also found to be physically aggressive. Physically aggressive boys were found to have the least severe and least frequent victimization history. No support was found for the first hypothesis, while some evidence of cognitive distortions regarding both social behavior and sex was found in the sexually aggressive children. Discussion and some implications for research and practice are offered.

Community notification statutes, popularly known as ‘Megan’s Law’, were passed in rapid succession throughout the United States following the enactment of landmark legislation in the state of Washington in 1990. Calls for the adoption of similar legislation in Australia gained momentum following the introduction of ‘limited disclosure’ schemes in the United Kingdom and, in 2012, one Australian state introduced a limited form of community notification. This study presents an analysis of in-depth interviews with specialist police officers ( N=21) who are responsible for coordinating the ongoing management, registration and monitoring of sex offenders who live in the community in this jurisdiction to understand their perspectives on the scheme’s implementation. Systematic thematic analysis revealed that the officers were particularly interested in understanding the impact that notification has on offenders, victims and the broader community, and the police agency. The practice-based wisdom distilled from these interviews is used to inform a discussion about the more widespread implementation of this type of public policy both in Australia and in other countries that may be giving this consideration.

This paper is compiled using a qualitative data collection method which is based on a literature review, whether in the form of journals or books. And aims to study Islamophobia, Terrorism and Sharia. The collapse of the WTC building and the destruction of the pentagon building on Tuesday 11 September 2001 in New York Washington resulted in Muslims experiencing discrimination from non-Muslim Americans. The collapse of the WTC building and the destruction of the Pentagon Building on September 11, 2001, resulted in a world conflict involving the United States government and Islam. The increase in terror acts that have occurred in various countries has had many negative impacts on the development and development of a country as well as positive impacts on Muslims and Muslims in the United States. Not only that, American Muslims also do not practice some Shari'a because of the laws that deal with the sphere of government and the state. Even Sharia emphasizes that the rule of law in a society must be carried out by the state.

Nursing prides itself on a commitment to caring for patients and their families. Daily, nurses support patients and their families as they face life-threatening disease and injury and help them through the painful decisions to initiate or remove ventilators, artificial nutrition and hydration, and other life-sustaining technology.The opinions of the Second and Ninth Circuit Courts of Appeals, in Compassion in Dying v. State of Washington and Quill v. Vauo, strike at the heart of the nursing value system. If the United States Supreme Court upholds either opinion, physicians will be legally allowed to help patients die, and nurses will be called on to assist with this process, just as nurses have assisted with electroconvulsive treatment, abortion, and other controversial procedures. Advanced practice nurses (APNs), who are licensed to prescribe drugs, may also be allowed by law to assist patients to end their own lives.

DURING THE 1990S, THE INTERNATIONAL FINANCIAL INSTITUTIONS (IFIS) have gone beyond supporting free-market economics via the socalled Washington consensus which advocated primarily marketoriented reform, to adopt a broader notion of ‘good governance’ which includes political as well as economic factors. The World Bank's Development Report 1997; The State in a Changing World is a key document in explaining this new thinking. It lays out the desirability of democracy, the rule of law and effective democratic regulation alongside the market-oriented economic policies and fiscal orthodoxy which IFIs have long advocated. There is no doubt that governance matters to development and to that extent the Report is welcome. The Report also makes a number of worthwhile points about administrative good practice and reform. However some scepticism is in order too. This is because the Bank's notion of ‘good governance’ is too idealistic, insufficiently historically specific and over-confident in respect of what we do know and can know about the politics of development.

The main approaches to the regulation of the status of national minorities in the Polish state restored after the First World War were investigated. They were reflected in the relevant provisions of the first Constitution of independent Poland (March 1921), which was a kind of compromise between the views of the Polish right-wing led by Roman Dmowski, who advocated the absolute dominance of ethnic Poles' interests, and the leaders of Polish socialist parties (T. Goluwko, L. Wasilewski), who wanted to support the national and cultural inspirations of minorities in exchange for their loyalty to the Polish state. The legal acts used to regulate the situation of national minorities were analysed. Their compliance with the international legal mechanisms for the protection of national minority rights, which began to operate in Europe within the framework of the Versailles-Washington system of international relations, in particular, the provisions of the Treaty of Versailles Minor, was determined. In case of compliance with the proclaimed legal norms, the Polish state had every chance to avoid an open confrontation with representatives of the non-title nation. However, the situation in Poland with regard to national minorities became a classic example of the discrepancy between law-making theory and law enforcement practice. It has been proved that due to the lack of mechanisms for monitoring compliance with international norms which were supposed to guarantee the rights of national minorities and imperfections in domestic legislation, the Polish authorities at various levels have repeatedly violated the democratic principles of the March 1921 Constitution and other legal acts designed to ensure equal rights for representatives of national minorities, which, in turn, created constant tension within the Second Polish Republic, destabilising the internal situation in the country. This situation was caused by a number of factors: the difficult economic situation, which provoked permanent tensions in society and the Poles' disrespect for members of national minorities. Artificially created borders after the First World War also provoked interethnic conflicts. Finally, it should be considered that the vast majority of Poles were supporters of the concept of the nation-state promoted by the National Democrats, which envisaged the assimilation of national minorities.

In early 2020, the world economy plunged into a major recession due to the Coronavirus disease 2019 (COVID-19) pandemic, and non-performing loans (NPLs) went back on the agenda for banks and regulators in many countries. This is a timely article as it focuses on an attention-drawing regulatory catalyst for changes to the position of foreign investors in the Chinese NPLs disposal market. It uses the Phase One Trade Deal between the United States (US) and China as an opportunity to assess whether or not China is ready to shift towards a new approach for foreign investors trading in the primary NPLs market. Existing studies have been quick to conclude that the US–China Phase One Trade Deal will lead to a policy shift in the Chinese NPLs market through Article 4.5 contained therein. If the US– China Phase One Trade Deal is reviewed in its entirety and if China’s concepts of stability, its state ownership policy and its recent treaty practice are all carefully considered, however, the involvement of foreign investment in the NPLs market may be viewed less optimistically. Using the US–China Phase One Trade Deal as a prism, it can be seen that bilateralism in trade policy may have its own limitations. China’s perception of and policy towards international institutions and regimes show its willingness to integrate into the existing multilateral trade order even though its policy is still obscure and hesitant. Washington should be prepared to soften its decoupling stance to promote cooperation and coordination of the two countries in multilateral institutions. China, United States, US–China Phase One Trade Deal, US–China Trade Tensions, Non-Performing Loans, Foreign Investment, State-Ownership, Financial Stability, Bilateralism, Multilateralism

IntroductionThis paper discusses the application of the synthetic control method to injury-related interventions using aggregate data from public information systems. The method selects and determines the optimal control unit in the data by minimising the difference between the pre-intervention outcomes in one treated unit (eg, a state) and a weighted combination of potential control units.MethodI demonstrate the synthetic control method by an application to Florida’s post-2010 policy and law enforcement initiatives aimed at bringing down opioid overdose deaths. Using opioid-related mortality data for a panel of 46 states observed from 1999 to 2015, the analysis suggests that a weighted combination of Maine (46.1%), Pennsylvania (34.4%), Nevada (5.4%), Washington (5.3%), West Virginia (4.3%) and Oklahoma (3.4%) best predicts the preintervention trajectory of opioid-related deaths in Florida between 1999 and 2009. Model specification and placebo tests, as well as an iterative leave-k-out sensitivity analysis are used as falsification tests.ResultsThe results indicate that the policies have decreased the incidence of opioid-related deaths in Florida by roughly 40% (or −6.19 deaths per 100.000 person-years) by 2015 compared with the evolution projected by the synthetic control unit. Sensitivity analyses yield an average estimate of −4.55 deaths per 100.000 person-years (2.5th percentile: −1.24, 97.5th percentile: −7.92). The estimated cumulative effect in terms of deaths prevented in the postperiod is 3705 (2.5th percentile: 1302, 97.5th percentile: 6412).DiscussionRecommendations for practice, future research and potential pitfalls, especially concerning low-count data, are discussed. Replication codes for Stata are provided.

AbstractAs a result of the coupling effects of longitudinal stress gradients, the perturbations ∆u in glacier-flow velocity that result from longitudinally varying perturbations in ice thickness ∆h and surface slope ∆α are determined by a weighted longitudinal average of ϕh∆h and ϕα∆α, where ϕh and ϕα are “influence coefficients” that control the size of the contributions made by local ∆h and ∆α to the flow increment in the longitudinal average. The values of ϕh and ϕα depend on effects of longitudinal stress and velocity gradients in the unperturbed datum state. If the datum state is an inclined slab in simple-shear flow, the longitudinal averaging solution for the flow perturbation is essentially that obtained previously (Kamb and Echelmeyer, 1985) with equivalent values for the longitudinal coupling length l and with ϕh = n + 1 and ϕα + n, where n is the flow-law exponent. Calculation of the influence coefficients from flow data for Blue Glacier, Washington, indicates that in practice ϕα differs little from n, whereas ϕh can differ considerably from n + 1. The weighting function in the longitudinal averaging integral, which is the Green’s function for the longitudinal coupling equation for flow perturbations, can be approximated by an asymmetric exponential, whose asymmetry depends on two “asymmetry parameters” μ and σ, where μ is the longitudinal gradient of ℓ(= dℓ/dx). The asymmetric exponential has different coupling lengths ℓ+ and ℓ− for the influences from up-stream and from down-stream on a given point of observation. If σ/μ is in the range 1.5–2.2, as expected for flow perturbations in glaciers or ice sheets in which the ice flux is not a strongly varying function of the longitudinal coordinate x, then, when dℓ/dx > 0, the down-stream coupling length ℓ+ is longer than the up-stream coupling length ℓ−, and vice versa when dℓ/dx < 0. Flow-, thickness- and slope-perturbation data for Blue Glacier, obtained by comparing the glacier in 1957–58 and 1977–78, require longitudinal averaging for reasonable interpretation. Analyzed on the basis of the longitudinal coupling theory, with 4ℓ + 1.6 km up-stream, decreasing toward the terminus, the data indicate n to be about 2.5, if interpreted on the basis of a response factor Ѱ + 0.85 derived theoretically by Echelmeyer (unpublished) for the flow response to thickness perturbations in a channel of finite width. The data contain an apparent indication that the flow response to slope perturbations is distinctly smaller, in relation to the response to thickness perturbations, than is expected on a theoretical basis (i.e. ϕα/ ϕh + (n/n + 1) for a slab). This probably indicates that the effective ℓ is longer than can be tested directly with the available data set owing to its limited range in x.

Resumen: El presente artículo se encuentra dividido en cinco apartados que permiten que su lectura y comprensión sea mucho más amigable. Es interesante y entender que el tema del terrorismo es un tema de naturaleza dinámica y cambiante, en el artículo se estudiara los diferentes tipos de terrorismo que existe y el impacto que ha tenido en el establecimiento de los estados de seguridad pública, así como la afectación a los derechos humanos de las personas y los regímenes jurídicos en los cuales se tipifica esta figura. Abstract: This article is divides into five sections that allow its reading and understanding to be much more user-friendly. It is interesting to understand that the issue of terrorism is a dynamic and changing issue, the article will study the different types of terrorism that exist and the impact it has had on the establishment of states of publica security as well as the impact to the human rights of persons and the legal regimes in which this figure is typified. Fuentes de consulta: Arendt H. (2006) Sobre la revolución, Madrid: Alianza. Báez Corona, J. F. (2015). El realismo mágico jurídico (recreación legal de una ficción literaria con especial referencia a Latinoamérica). Justicia. (28), 15-31. doi:http://dx.doi.org/10.17081/just.20.28.1032 Báez, J. (2021). Tradición contra innovación en los modelos de formación jurídica universitaria en México. Revista de Derecho. (56). 137-153. https://dx.doi.org/10.14482/dere.56.340 Bakke E. (2015) Terrorism and Conterterrorism studies, comparing theory and practice, Netherlands, Leiden University Press. Bobbio N. (2004) Estado, Gobierno y Sociedad por una teoría general de la política, México, Fondo de Cultura Económica. Caillois R. (1973) La cuesta de la guerra (trad.) Rufina Bórquez, México, Fondo de Cultura Económica. Coteño Muñoz A. (2018) “Terrorismo individual los atentados perpetrados por actores solitarios” Eunomía. Revista en Cultura de la Legalidad, número 15 Madrid, Universidad Carlos III. Donner, F. (2007) “Fight for God- But Do So with Kindness: Reflections on War, Peace, and Communal Identity in Early Islam”. In War and Peace in the Ancient World, Oxford. Blackwell. Durham M. (2000) The Christian right, the far right and the Boundaries of American Conservatism. Manchester: Manchester University Press. Dworkin R, (2013) “Foreword”, in Extreme Speech and Democracy, Oxford, Oxford University Press. Essig, C. (2001). Terrorism: Criminal Act of Act of War? Implications for National Security in the 21st Century. Pennsylvania: US Army War College. Foucault, M. (2009) Historia de la sexualidad 1. La voluntad de saber, México, Siglo XXI. Friedman B, H., Harper J, Preble C. (2010) Terrorizing ourselves. Why U.S. Counterterrorism Policy is Failing and How to Fix It. Washington D.C. Instituto Cato. Gallego, C. (2012). El concepto de seguridad jurídica en el Estado social. Revistas jurídicas. Vol 2, Núm 9, Recuperado de http://juridicas.ucaldas.edu.co/downloads/Juridicas9(2)_6.pdf Griset, P. L., Mahan, S. (2003) Terrorism in perspective, United States of America. Sage Publications Inc. González Calleja, E. (2013). El Laboratorio del Miedo, Madrid, Crítica. Habermas J. (1998) Derechos humanos y soberanía popular. Las versiones liberal y republicana, en Rafael del Águila, Fernando Val, Madrid, Alianza Habermas J. (1994) La desobediencia civil, piedra de toque del Estado democrático de Derecho, en Ensayos políticos, Barcelona, Península. Heydar S. (2017) Islamic Peace Ethics. Legitimate and Illegitimate Violence in Contemporary Islamic Thought. United States of America, Baden-Baden: NomosAschendorff Verlag. Hoffman B., Howard R. (2011) Terrorism and counterterrorism: Understandin the new security environment readings and interpretations: 4a eth, United States of America, Mcgraw-Hill. Hoffman, B. (2006). Inside Terrorism. New York: Columbia University Press. Jackson, R, et al., (2011) Terrorism. A Critical Introduction, New York, Palgrave Macmillian Jassies N. (2009) Mrinus Van Der Lubbe y el incendio del Reichstag. Trad., García Velasco C., España, Editorial Alikornio. Jellinek G (1954) Teoría Geenral de los Estados. Trad. Fernando de los Ríos. Buenos Aires, ed. Albatroz. Jenkins, B.M. (1975), "International Terrorism: A New Mode of Conflict", in Garitón D, y Schaerf C. Internactional Terrorism and World Security, Londres, Cromm Helm. Johnston, T. D. (1981). Selective costs and benefits in the evolution of learning. En J. S. Rosenblatt, R .A. Hinde, C. Beer y M. C. Busnel (Eds.). Advances of the study of behavior. New York: Academic Press Kilpatrick J (2020) Quand un état d’urgence temporarire devient permanent, le cas de la France. París, Transnational Institute. Khadduri, M. (1955) War and Peace in the Law of Islam. Baltimore, The Johns Hopkins Press. Kyrou, A. (2012). L’imaginaire des Anonymous, des luddites à V pour Vendetta. París Folis esssays Lasoen, K. (2018). “War of Nerves: The Domestic Terror Threat and the Belgian Army”. In Studies in Conflict & Terrorism, vol. 42, no. 11. Le Goff J. (1984) La Civilisation d l’occident médiéval, París, Foils Essay. Lillich, B. R. (1985) Paris Minimum Standards of Human Rights Norms in a State of Emergency, The American Journal of International Law, Vol. 79, No. 4 Locke J. (1997), Segundo tratado sobre el gobierno civil, Madrid, Alianza. Loubet Del Bayle, J. L. (1992) La Police. Approche socio-politique. Paris, Montchrestien. Luhmann, N. (2005) El derecho de la sociedad, 2a ed., México, Herder, Universidad Iberoamericana. Majoran, A. (2015). The illusion of war: Is terrorism a criminal act or an act of war? International Politics Reviews, Vol.3 Issue 1 Martin J-C, (2006) Les règles internationales relatives à la lutte contre le terrorismo. París, edición Bruylant. Nateras González M, E. (2018) Colombia Las autodefensas en Michoacán, México: ¿rescate de la ciudadanía ante la violencia? Revista Opinión Jurídica, Universidad de Medellín, Vol. 17, Núm. 33 Placido A. P., y Perkins L K. (2010) Drug Trafficking violence in México implications for the United States. Washington D.C. U.S. Senate Caucus on International Narcotics Control Departmente of Justice Poczynok, I. (2019). Fuerzas armadas y contraterrorismo. Apuntes para renovar un “debate crónico” en la Argentina. Revista Relaciones Internacionales, Estrategia Y Seguridad, vol. 2, Núm. 14 Poland J. (2004) Understanding Terrorism: Groups, Strategies and responses. New York. Pretince Hall. Rawls J (1999) La justificación de la desobediencia civil, en Justicia como equidad. Materiales para una teoría de la justicia, Madrid, Tecnos. Reinares, F y García-Calvo, C. (2016) Estado Islámico en España. Madrid: Real Instituto Elcano. Rivas, P., y Rey, P. (2008) Las autodefensas y el paramilitarismo en Colombia (1964-2003), Bogotá, CON Fines. Rapoport, D. (2004). “The four waves of modern terrorism”. En Audrey, C. y James, L. Attacking Terrorism: Elements of a Grand Strategy. Washington D.C. George town University Press Rodley N. (1985) International Human Rights Law, dans Evans, M. D, International Law, Oxford, Oxford University Press. Reitberger M (2013) “License to kill: is legitimate authority a requirement for just war? in International Theory, Cambridge, Cambridge University Press, Vol. 5, Issue 1. Robespierre Maximilien (2005) Por la felicidad y por la libertad, discursos. España, El viejo topo. Rousseau J. J., (2013) Discurso sobre el origen y fundamento de la desigualdad entre los hombres, Madrid, Calpe. Tinnes J. (2020) Bibliography: Defining and Conceptualizing Terrorism Compiled PERSPECTIVES ON TERRORISM Volume 14, Issue 6, The Netherlands Universiteit Leiden. recuperado de https://www.universiteitleiden.nl/perspectives-on-terrorism/archives/2020#volume-xiv-issue-6 Toboso Buezo M. (2020) Colección Segmentos de Seguridad Terrorismo y antiterrorismo. España. Institut de Seguretat Pública de Catalunya.. Saint Thomas Aquinas (2003) On law, morality and Politics, translated by Regan Richard United States of America, Hackett publishing company. Sinai, J. (2008) “How to Define Terrorism”, Perspectives on Terrorism, Journal of the Terrorism Research Initiative and the Center for Terrorism and Security Studies, The Netherlands, Universiteit Leiden, Vol. 2, No.4, recuperado de http://www.terrorismanalysts.com/pt/index.php/pot/article/view/33/html Skinner, B. F. (1953) Science and human behavior. New York, The Macmillan Company. United States Department of State. (2004) Patterns of Global Terrorism 2003 Washington, DC: Office of the Secretary of State, Office of the Coordinator for Counterterrorism. Valadés D. (1974) La dictadura constitucional en América Latina, México, UNAM. Walther T C., Höhn A., (2020) El ejército alemán y sus graves problemas con la ultraderecha. DW noticiero recuperado de https://www.dw.com/es/el-ej%C3%A9rcito-alem%C3%A1n-y-sus-graves-problemas-con-la-ultraderecha/a-54044495 Wallace, D. (2008). Combatiendo el terrorismo bajo las leyes de la guerra. Military Review Hispan-American, Vol. 88, Issue 2 Weber M. (1986) El político y el científico. (trad) Francisco Rubio Llorente, Madrid, Alianza Editorial.

<p><strong>Abstract.</strong> Gerrymandering is the practice of deliberately drawing electoral districts in a way that provides unfair advantage to one group over another, typically with respect to political parties or particular social or ethnic groups (Bunge 1966; Horn 1999). The term itself was coined in 1812, after a Massachusetts Governor, Elbridge Gerry, signed into law a political reapportionment bill with long, sinuous districts that one political cartoonist aptly compared to a winged salamander (Morrill 1973). While this practice was by no means new, the particularly grievous instance had given it a name; because, of the profound impact that voting district boundaries can have on the outcome of single-candidate elections, the practice lives on some two centuries later. Since then, several important legislative and judicial standards have emerged at the level of US Federal Government that were intended to stymie this practice. These include the Voting Rights Act of 1965, which stipulated that US Congressional districts be comprised of contiguous territory in “as compact form as practicable” (Bunge 1966). And yet despite these laws and legal standards, the US Supreme Court has been “reluctant to overturn even fairly blatant partisan gerrymandering,“ (Horn 1999), in part due to the inherent complexity of ascribing arbitrary boundaries on complex social and geographic landscapes, but also due to the onerous (and sometimes conflicting) legal standards that have been established. As Bill Bunge (1966) put it, “the problem sounds geographically simple—merely construct regions of ‘compact form’! But the grouping of locations into an antigerrymandered state touches on some of the deepest and most fundamental problems in regional geography.”</p><p>In the United States, the upcoming 2020 Census, and the resulting redistricting process, has brought gerrymandering back into focus. Specifically, algorithmically conducted geospatial analysis and the resulting cartographic visualizations produced have emerged as a central battleground on which various practices of redistricting are discussed. However, most spatial analysis and cartographic visualization of gerrymandering to date has relied almost exclusively on Euclidean, absolute representations of space (O’Sullivan et al . 2018). In this paper, we demonstrate how strictly Euclidean perspectives may fail to account for the quotidian experiences of space. Further, we argue towards a relational understanding of space that takes into account how individuals move through space in their day-to-day lives. To do so, we first return to a set of complex mathematical approaches first espoused during the quantitative revolution of the 1970s (Forer 1978; Morrill 1976; Morrill 1973; Tobler 1961; and others). Using new and improved computational tools, we improve upon these efforts, providing a process for generating new visualizations that explore relational spaces within congressional districts. Specifically, we use Multidimensional Scaling (MDS) within a graph network to bend and fold congressional districts in accordance with the travel-time it takes to move through them. We conclude by discussing the limitations of this approach and areas for further research.</p><p>Though quantitative methods in the field of geography seem presently dominated by narrow views of absolute, Euclidean spaces, early efforts at defining quantitative geographic approaches were focused largely on finding new ways to define and visualize space (Janelle 2015; Kitchin 2006; O’Sullivan et al. 2018). Tobler (1961) proposed that much distortion of space by transportation can be understood through the transformation of coordinates. Bunge’s transformation of the “real” travel time for commuters is one of the more famous visualization of this type of isochronic transformation (O’Sullivan et al. 2018). Forer (1978) expands upon this idea with a discussion of an all-points-to-all-points reorganization, rather than the bending of adjacent points of interest based on a singular, central anchor point. Such an approach is necessarily computationally intensive as points must be moved over many iterations as the relative location of adjacent points is also in flux, and there exists the possibility of complex inversions in cases where the interior of the geographic space is not navigable (O’Sullivan et al. 2018). Simply put, this type of computationally intensive visualization was extremely difficult in the 1970s and, additionally, newer techniques such as MDS and bidimensional regression not developed or relatively unknown at that time (Ahmed and Miller 2017).</p><p>While the practical and mathematical execution of these approached failed to overcome the technical barriers of their time, deeper philosophical currents present in such were were carried on through discourse in both feminist and human geography. Much of this work has engaged with Marx’s concept of the “annihilation of space by time” particularly as articulated through Harvey’s (1990) explication of “time-space compression.” Despite academic interest in the relational experiences of space in daily life and a recognition that distance alone is an insufficient means of characterizing the spaces and places in which human interaction takes place, there has been little engagement with these ideas with respect to the creation of representational voting districts where an emphasis on purportedly “neutral” algorithms and their resulting visualizations has dominated the public discourse.</p><p>We present an approach for the visualization of congressional districts within the United States that is based upon the estimated travel time between points according to Bing Maps API. Such an approach is informed by the relational, lived experiences of individuals as they attempt to traverse space, but also requires significant computational complexity. The approach follows Forer’s (1978) conceptual model of continuous spatial transformations between all points. To create a visualization that maintains some similarity to the types seen by traditional maps, points will be assigned as an evenly spaced grid at sufficient density to roughly approximate the full shape of traditional congressional district polygons. In our test case, we demonstrate significant distortion of districts when travel-time is taken into account that reveals otherwise cartographically hidden experiences of lived space. We select three districts in Washington state for this demonstration, although the open-source code can be readily applied to any district for which the user has information.</p><p>In brief, the process involves the transformation of a congressional district to a set of coordinate points (Figure 1). A distance matrix of travel times between all-points-to-all-points is then constructed. MDS, a process for arranging points based on their dissimilarity (Bouts et al. 2016; Shimizu &amp; Inoue 2009; VanderPlas 2016), allows for the rearranging of these points within a graph network such that the average travel time between all points in the graph is minimized. This follows Morrill’s (1973; 1976) approach to the construction of congressional districts.</p>

Despite South Sudan’s high potential in agriculture and cultivation, food insecurity brought dire consequences to the people’s well-being throughout 2017. The previous research mostly points to the South Sudan ongoing civil war as the main cause of food insecurity but has yet to sufficiently explore the case study using a human security approach. This paper will attempt to analyze the relevance of the human security approach in explaining the primary factor of food insecurity for the South Sudan people during 2017 and how the approach can be used to mitigate the issue. The author argues that the human security approach can reveal the South Sudan government’s lack of prioritization for their people’s well-being in decision-making as the primary factor of food insecurity, which can be mitigated by a people-centered approach in the future decisions of all the relevant actors. The author utilized Ken Booth’s security as emancipation theory as the main perspective in the study alongside Sabine Alkire’s human security concept and Food and Agriculture Organization’s (FAO) food security indicators. The main findings confirm the importance of the human security approach in the decision-making of governments and other relevant actors, especially in the context of ensuring food security. Keywords: South Sudan; food Security; human Security; emancipation REFERENCES African Development Bank (AfDB) Group. “Development of Agriculture.” In South Sudan in Infrastructure Action Plan in South Sudan: A Program for Sustained Strong Economic Growth (Tunisia: AfDB Group, 2013), 133. Alkire, Sabina. “A Conceptual Framework for Human Security.” Working paper, Centre for Research on Inequality, Human Security and Ethnicity (CRISE), 2003, https://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.580.2805&rep=rep1&type=pdf. Avis, William. Coping mechanisms in South Sudan in relation to different types of shock. United Kingdom: K4D helpdesk service, 2020. https://opendocs.ids.ac.uk/opendocs/bitstream/handle/20.500.12413/15301/801_Coping_Mechani sm_in_South_Sudan_in_relation_to_Different_Types_of_Shock.pdf?sequence=1&isAllowed=y. Barry, Hannah. “Starving Out the Enemy: Withholding Food Aid as a Tactic of War in South Sudan.” Mapping Politics 8, no. 2 (2017): 59. https://journals.library.mun.ca/ojs/index.php/MP/article/view/1778. Booth, Ken. “Security and Emancipation,” Review of International Studies 17, no. 4 (October 1991): 313-326. https://www.jstor.org/stable/20097269. Booth, Ken. Theory of World Security, edited by Steve Smith. New York: Cambridge University Press, 2007. de Vries, Lotje and Mareike Schomerus. “South Sudan’s Civil War Will Not End with a Peace Deal.” Peace Review 29, no. 3 (July 3, 2017): 333–40. https://doi.org/10.1080/10402659.2017.1344533. Diao, Xinshen, Liangzhi You, Vida Alpuerto, and Renato Folledo. “Assessing Agricultural Potential in South Sudan – A Spatial Analysis Method.” In Application of Geographic Information Systems, edited by Bhuiyan Monwar Alam, 139. London: IntechOpen, 2012. FAO, IFAD and WFP. The State of Food Security in the World: The multiple dimensions of food security. Rome: FAO, IFAD and WFP, 2013. http://www.fao.org/3/a-i3434e.pdf. FAO, World Bank. “Transforming Agriculture in South Sudan from Humanitarian Aid to a Development Oriented Growth Path.” Country Investment Highlights. Rome: FAO, World Bank, 2022. https://reliefweb.int/report/south-sudan/transforming-agriculture-south-sudan humanitarian-aid-development-oriented-growth-path. FAO. Food Security. Rome: FAO’s Agriculture and Development Economics Division (ESA), 2006, http://www.fao.org/fileadmin/templates/faoitaly/documents/pdf/pdf_Food_Security_Cocept_Note .pdf. Food and Agriculture Organization of the United Nations and World Food Programme. Special Report: FAO/WFP Crop And Food Security Assessment Mission To South Sudan. Rome: FAO and WFP, 2018. http://www.fao.org/3/i8702EN/i8702en.pdf. Integrated Food security Phase Classification (IPC). “The IPC Famine: Fact Sheet.” 2020. https://www.fsinplatform.org/sites/default/files/resources/files/IPC_Famine_Factsheet_2020Nov. pdf. Integrated Food security Phase Classification (IPC). “What is Famine.” Accessed February 1, 2021. http://www.ipcinfo.org/famine-facts/. Integrated Food Security Phase Classification. South Sudan Key IPC Findings: January - July 2017. South Sudan: IPC, 2017. https://reliefweb.int/sites/reliefweb.int/files/resources/IPC_South_Sudan_Key%20Messages_Feb 2017.pdf. Joint Policy Advisory Team (JPAT). Food Security and Initiatives for Resilience In South Sudan. Juba: South Sudan United Nations Country Team Joint Policy Advisory Team, 2017. https://info.undp.org/docs/pdc/Documents/SSD/DLD396%20JPAT%20Food%20Security_3.pdf. King, Gary, and Christopher J.L Murray. “Rethinking Human Security.” Political Science Quarterly (2002): 587. https://gking.harvard.edu/files/abs/hs-abs.shtml. Land Governance for Equitable and Sustainable Development. “Food Security and Land Governance Factsheet: South Sudan.” 2016. https://www.landgovernance.org/wp content/uploads/2019/09/20160627-Factsheet-SouthSudan.pdf. Mayai, Augustino Ting. “Security Sector Spending and Public Safety in South Sudan, 2006– 2018.” African Security Review 29, no.3 (2020): 10. https://doi.org/10.1080/10246029.2020.1813784. Ministry of Agriculture. “AGRICULTURE SECTOR POLICY FRAMEWORK (ASPF): 2012- 2017.” Republic of South Sudan, 2012. https://faolex.fao.org/docs/pdf/ssd149325.pdf. Murphy, Ray. “The United Nations Mission in South Sudan and the Protection of Civilians.” Journal of Conflict and Security Law 22, no. 3 (December 1, 2017): 367–94, https://doi.org/10.1093/jcsl/krx016. O’Driscoll, Dylan. Drivers of Malnutrition in South Sudan. Brighton: K4D Research Helpdesk, Institute of Development Studies, 2018. https://assets.publishing.service.gov.uk/media/5c6ec76ded915d4a3d3b23eb/466_Drivers_of_Mal nutrition_in_South_Sudan.pdf. Plan International. “South Sudan Crisis Forces Girls Out of School.” Accessed February 1, 2021. https://plan-international.org/news/2017-04-25-south-sudan-crisis-forces-girls-out-school. The World Bank. South Sudan Economic Update. Washington, D.C.: The World Bank, 2018. https://openknowledge.worldbank.org/bitstream/handle/10986/30294/129303-WP-PUBLIC SouthSudanEconomicUpdateJuly.pdf?sequence=1&isAllowed=y. Thiong, Daniel Akech. “How the Politics of Fear Generated Chaos in South Sudan.” African Affairs 117, no. 469 (July 20, 2018): 613-635. https://doi.org/10.1093/afraf/ady031. United Nations International Children's Emergency Fund. National Budget Brief Fiscal Year 2017/18: Republic of South Sudan. South Sudan: UNICEF South Sudan, 2017. https://www.unicef.org/esaro/UNICEF_South_Sudan_--_2017_--_National_Budget_Brief.pdf. United Nations Security Council. Final report of the South Sudan Sanctions Committee's Panel of Experts S/2017/326. New York: United Nations Security Council, 2017, 30. https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3- CF6E4FF96FF9%7D/s_2017_326.pdf. United Nations. “The 17 Goals.” Accessed August 6, 2021. https://sdgs.un.org/goals. Wethes, Sascha and David Bosold. “Human Security in Practice: Canadian and Japanese Experiences.” In Human Security, edited by Taylor Owens, 87-96. California: Sage Publishing, 2013. https://www.researchgate.net/publication/237671115_Human_Security_in_Practice_Canadian_an d_Japanese_Experiences. WFP and African Union. The Cost of Hunger in Africa: Ethiopia 2013. Rome: WFP and African Union, 2013. https://documents.wfp.org/stellent/groups/public/documents/newsroom/wfp263405.pdf?_ga=2.22 4381916.696497991.1628524817-587994483.1628403586.

Abstract Background In light of mounting evidence of the physical and psychological harms associated with solitary confinement, many correctional systems, state legislators, courts, and even international human rights bodies are increasingly recommending and implementing reforms to mitigate the harms of solitary confinement, if not abolish the practice entirely. In this piece, we examine three specific infrastructural changes to solitary confinement conditions and practices implemented in Washington state prisons with such harm minimization goals in mind: (1) building so-called “nature imagery rooms” to play videos of outdoor spaces, (2) eliminating punishments for self-harm, and (3) conducting daily cell-front wellness checks. Results Drawing on 183 in-depth qualitative interviews with both staff working in and people imprisoned in solitary confinement units conducted in Washington state restrictive housing units in 2017, we find that these three reforms not only resulted in limited successes but also generated new conflicts. Institutional logics such as deprivation, risk-management, and responsibilization ultimately impeded even the most modest attempts to mitigate the inherently harsh practice of solitary confinement. The limits of these reforms are due in part to individual choices made by people imprisoned in solitary confinement and staff working in these units, as well as the larger cultural norms that shape life in restrictive housing units. Conclusions Incrementalist reforms aimed at softening the environment of solitary confinement may actually serve to increase the strain and stress experienced by people confined to and working within them. Even the most well-intentioned reforms, like those attempted by the Washington DOC, should be scrutinized in order to determine if they are producing the desired outcomes, or instead, reproducing a different, but nonetheless damaging set of harms to people imprisoned in solitary confinement. Further, even well-intentioned reforms are often stymied by the underlying institutional logics of restrictive housing spaces.

Abstract Extreme risk protection orders (ERPOs), which allow for the temporary restriction of firearm access for individuals at substantial risk of harming themselves and/or others, are a promising policy tool to address increasing rates of firearm-related suicide, homicide, and mass shootings. Social workers frequently assess clients at risk of firearm-related harm, positioning social workers to play a key role in ERPO implementation. This study sought to understand social workers’ perspectives on ERPOs. Authors invited 6,910 licensed social workers in Washington state to participate in a survey in May and June of 2021 about facilitators and barriers to their willingness to counsel clients’ family members, contact law enforcement, or independently file ERPOs for clients at risk of harm to self (HTS) or others (HTO). Of the 1,381 survey participants, most were willing to counsel (96 percent for HTS; 96 percent HTO), contact law enforcement (84 percent for HTS; 87 percent for HTO), or independently file an ERPO (78 percent for HTS; 79 percent for HTO). Common barriers associated with willingness were lack of understanding about the ERPO process and concerns with involving the legal system/law enforcement. Key facilitators included training social workers about ERPOs and availability of legal experts for consultations. Social workers are willing to incorporate ERPOs into their practice for clients, but remaining barriers need to be addressed to support the practice.

This paper was originally written for the Second Invitational Conference on Professionalism in Tax Practice, which was scheduled to be held in Washington in January 1996 under the sponsorship of the American Bar Association Section of Taxation, the American College of Tax Counsel, the American Institute of Certified Public Accountants, the National Association of Enrolled Agents, the National Association of Tax Practitioners, the National Society of Public Accountants, and the Tax Executives Institute. The Conference was postponed because of the Blizzard of 1996.Copyright © 1996 by Michael B. Lang.Our income tax system requires that taxpayers report their income annually and assess the correct amount of tax on this income. This selfassessment system, however, depends on taxpayers ferreting out the provisions of the tax law that apply to them and properly applying those provisions to their factual situations. The immensity and complexity of the tax law and the difficulty of applying even apparently clear legal provisions to complex sets of facts (the most difficult lesson in law school for the typical law student) make this process impossible for many taxpayers. As a result, they turn to tax professionals for assistance in preparing tax returns.These professionals generally fall into one or more of four groups: (1) lawyers licensed to practice law in at least one state or the District of Columbia (licensed lawyers); (2) certified public accountants (CPAs); (3) those admitted to practice before the IRS under the provisions of Circular 230; and (4) "income tax return preparers," as defined in section 7701 (a)(36 (return preparers). Professionals in each category are subject to their own set of practice standards. Many professionals in the tax field are members of more than one group and thus subject to multiple sets of standards. For example, licensed lawyers or CPAs may be subject to their respective state regulatory authorities, Circular 230 (because they are admitted to practice before the IRS), and the statutory provisions affecting return preparers.Once the taxpayer seeks the help of a professional, several difficulties inevitably mar the return preparation process. First, although the professional should be more skilled at finding the tax law relevant to the taxpayer's situation, the professional's knowledge of the facts underlying the taxpayer's tax situation depends entirely on the information known to and conveyed by the taxpayer. The way in which the professional inquires about the facts may influence how the facts are reported by the taxpayer. Hence, the taxpayer's response is a function of the professional's inquiry. Furthermore, the taxpayer may deliberately slant the facts in the hope of reducing her tax, or simply fail to report all of the relevant facts because of misunderstanding, misperception, forgetfulness, or the like. These considerations raise the prospect that a return prepared by even the most assiduous professional may be less accurate than what a well-informed, well-intentioned taxpayer might have prepared independently.

Abstract Private sector Active Cyber Defence (ACD) lies on the intersection of domestic security and international security and is a recurring subject, often under the more provocative flag of ‘hack back’, in the American debate about cyber security. This article looks at the theory and practice of private cyber security provision and analyses in more detail a number of recent reports and publications on ACD by Washington DC based commissions and think tanks. Many of these propose legalizing forms of active cyber defence, in which private cyber security companies would be allowed to operate beyond their own, or their clients’ networks, and push beyond American law as it currently stands. Generally, public-private governance solutions for security problems have to manage a balance between (i) questions of capacity and assigning responsibilities, (ii) the political legitimacy of public–private security solutions and (iii) the mitigation of their external effects. The case of private active cyber defence reveals a strong emphasis on addressing the domestic security (and political) problem, while failing to convincingly address the international security problems. The proposals aim to create a legitimate market for active cyber defence, anchored to the state through regulation and certification as a way to balance capacity, responsibilities and domestic political legitimacy. A major problem is that even though these reports anticipate international repercussions and political pushback, against what is likely be received internationally as an escalatory and provocative policy, they offer little to mitigate it.

This article provides an overview of current law and current state of examining conditions of civil judgment enforcement in Vietnam and points out that the main shortcomings are the lack of a court’s supporting mechanism and lack of strict sanctions imposed on judgment debtors and other agencies, organizations and individuals who fail to provide information on the judgment debtor’s assets. The article explores the mechanism for examining of conditions for civil judgment enforcement in several countries such as the United States, the United Kingdom, and Canada and draws some experience for improving the law on examining conditions of civil judgment enforcement in Vietnam. Keywords Civil judgment enforcement, examining judgment debtor’s ability to satisfy civil judgment enforcement References [1] Council of Europe. 2003, “Recommendation Rec(2003)17 of the Committee of Ministers to Member States on Enforcement.” September 9, https://wcd.coe.int/wcd/ViewDoc.jsp?id=65531&Site=COE. [2] Henderson, Keith, Angana Shah, Sandra Elena & Violaine Autheman. 2004. “Regional Best Practices: Enforcement of Court Judgments. Lessons Learned from Latin America.” IFES Rule of Law White Paper Series, International Foundation for Electoral Systems, Washington, DC. [3] Hoàng Thị Thu Trang, Hoàn thiện quy định pháp luật về xác minh điều kiện THADS, Tham luận của Cục THADS tỉnh Nghệ An, http://thads.moj.gov.vn/nghean/noidung/tintuc/lists/nghiencuutraodoi/view_detail.aspx?itemid=13.[4] European Commission for the efficiency of justice, CEPEJ Guidelines for a better implementation of the existing Council of Europe's recommendation on enforcement, https://www.coe.int/t/dghl/cooperation/cepej/textes/Guidelines_en.pdf[5] Wendy A. Kennett, Enforcement of Judgments in Europe, Oxford University Press, 2000.[6] German Civil Procedure Code, https://www.gesetze-im-internet.de/englisch_zpo/englisch_zpo.html.[7] Federal Rules of Civil Procedure, http://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure.[8] California Civil Procedure Code, http://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=ccp[9] Procedure for enforcing a judgment: England and Wales, https://e-justice.europa.eu/content_procedures_for_enforcing_a_judgment-52-ew-en.do?member=1[10] British Columbia Law Institute, Report on the Uniform Civil Enforcement of Money Judgment Acts, 2005.[11] Học viện Tư pháp, Giáo trình Nghiệp vụ thi hành án dân sự (Phần Kỹ năng), Tập 1, NXB. Tư pháp, 2017.

Abstract Purpose of Review Increasing wildfire size and severity across the western United States has created an environmental and social crisis that must be approached from a transdisciplinary perspective. Climate change and more than a century of fire exclusion and wildfire suppression have led to contemporary wildfires with more severe environmental impacts and human smoke exposure. Wildfires increase smoke exposure for broad swaths of the US population, though outdoor workers and socially disadvantaged groups with limited adaptive capacity can be disproportionally exposed. Exposure to wildfire smoke is associated with a range of health impacts in children and adults, including exacerbation of existing respiratory diseases such as asthma and chronic obstructive pulmonary disease, worse birth outcomes, and cardiovascular events. Seasonally dry forests in Washington, Oregon, and California can benefit from ecological restoration as a way to adapt forests to climate change and reduce smoke impacts on affected communities. Recent Findings Each wildfire season, large smoke events, and their adverse impacts on human health receive considerable attention from both the public and policymakers. The severity of recent wildfire seasons has state and federal governments outlining budgets and prioritizing policies to combat the worsening crisis. This surging attention provides an opportunity to outline the actions needed now to advance research and practice on conservation, economic, environmental justice, and public health interests, as well as the trade-offs that must be considered. Summary Scientists, planners, foresters and fire managers, fire safety, air quality, and public health practitioners must collaboratively work together. This article is the result of a series of transdisciplinary conversations to find common ground and subsequently provide a holistic view of how forest and fire management intersect with human health through the impacts of smoke and articulate the need for an integrated approach to both planning and practice.

In its preamble, The Western Australian Charter of Multiculturalism (WA) commits the state to becoming: “A society in which respect for mutual difference is accompanied by equality of opportunity within a framework of democratic citizenship”. One of the principles of multiculturalism, as enunciated in the Charter, is “equality of opportunity for all members of society to achieve their full potential in a free and democratic society where every individual is equal before and under the law”. An important element of this principle is the “equality of opportunity … to achieve … full potential”. The implication here is that those who start from a position of disadvantage when it comes to achieving that potential deserve more than ‘equal’ treatment. Implicitly, equality can be achieved only through the recognition of and response to differential needs and according to the likelihood of achieving full potential. This is encapsulated in Kymlicka’s argument that neutrality is “hopelessly inadequate once we look at the diversity of cultural membership which exists in contemporary liberal democracies” (903). Yet such a potential commitment to differential support might seem unequal to some, where equality is constructed as the same or equal treatment regardless of differing circumstances. Until the past half-century or more, this problematic has been a hotly-contested element of the struggle for Civil Rights for African-Americans in the United States, especially as these rights related to educational opportunity during the years of racial segregation. For some, providing resources to achieve equal outcomes (rather than be committed to equal inputs) may appear to undermine the very ethos of liberal democracy. In Australia, this perspective has been the central argument of Pauline Hanson and her supporters who denounce programs designed as measures to achieve equality for specific disadvantaged groups; including Indigenous Australians and humanitarian refugees. Nevertheless, equality for all on all grounds of legally-accepted difference: gender, race, age, family status, sexual orientation, political conviction, to name a few; is often held as the hallmark of progressive liberal societies such as Australia. In the matter of religious freedoms the situation seems much less complex. All that is required for religious equality, it seems, is to define religion as a private matter – carried out, as it were, between consenting parties away from the public sphere. This necessitates, effectively, the separation of state and religion. This separation of religious belief from the apparatus of the state is referred to as ‘secularism’ and it tends to be regarded as a cornerstone of a liberal democracy, given the general assumption that secularism is a necessary precursor to equal treatment of and respect for different religious beliefs, and the association of secularism with the Western project of the Enlightenment when liberty, equality and science replaced religion and superstition. By this token, western nations committed to equality are also committed to being liberal, democratic and secular in nature; and it is a matter of state indifference as to which religious faith a citizen embraces – Wiccan, Christian, Judaism, etc – if any. Historically, and arguably more so in the past decade, the terms ‘democratic’, ‘secular’, ‘liberal’ and ‘equal’ have all been used to inscribe characteristics of the collective ‘West’. Individuals and states whom the West ascribe as ‘other’ are therefore either or all of: not democratic; not liberal; or not secular – and failing any one of these characteristics (for any country other than Britain, with its parliamentary-established Church of England, headed by the Queen as Supreme Governor) means that that country certainly does not espouse equality. The West and the ‘Other’ in Popular Discourse The constructed polarisation between the free, secular and democratic West that values equality; and the oppressive ‘other’ that perpetuates theocracies, religious discrimination and – at the ultimate – human rights abuses, is a common theme in much of the West’s media and popular discourse on Islam. The same themes are also applied in some measure to Muslims in Australia, in particular to constructions of the rights of Muslim women in Australia. Typically, Muslim women’s dress is deemed by some secular Australians to be a symbol of religious subjugation, rather than of free choice. Arguably, this polemic has come to the fore since the terrorist attacks on the United States in September 2001. However, as Aly and Walker note, the comparisons between the West and the ‘other’ are historically constructed and inherited (Said) and have tended latterly to focus western attention on the role and status of Muslim women as evidence of the West’s progression comparative to its antithesis, Eastern oppression. An examination of studies of the United States media coverage of the September 11 attacks, and the ensuing ‘war on terror’, reveals some common media constructions around good versus evil. There is no equal status between these. Good must necessarily triumph. In the media coverage, the evil ‘other’ is Islamic terrorism, personified by Osama bin Laden. Part of the justification for the war on terror is a perception that the West, as a force for good in this world, must battle evil and protect freedom and democracy (Erjavec and Volcic): to do otherwise is to allow the terror of the ‘other’ to seep into western lives. The war on terror becomes the defence of the west, and hence the defence of equality and freedom. A commitment to equality entails a defeat of all things constructed as denying the rights of people to be equal. Hutcheson, Domke, Billeaudeaux and Garland analysed the range of discourses evident in Time and Newsweek magazines in the five weeks following September 11 and found that journalists replicated themes of national identity present in the communication strategies of US leaders and elites. The political and media response to the threat of the evil ‘other’ is to create a monolithic appeal to liberal values which are constructed as being a monopoly of the ‘free’ West. A brief look at just a few instances of public communication by US political leaders confirms Hutcheson et al.’s contention that the official construction of the 2001 attacks invoked discourses of good and evil reminiscent of the Cold War. In reference to the actions of the four teams of plane hijackers, US president George W Bush opened his Address to the Nation on the evening of September 11: “Today, our fellow citizens, our way of life, our very freedom came under attack in a series of deliberate and deadly terrorist acts” (“Statement by the President in His Address to the Nation”). After enjoining Americans to recite Psalm 23 in prayer for the victims and their families, President Bush ended his address with a clear message of national unity and a further reference to the battle between good and evil: “This is a day when all Americans from every walk of life unite in our resolve for justice and peace. America has stood down enemies before, and we will do so this time. None of us will ever forget this day. Yet, we go forward to defend freedom and all that is good and just in our world” (“Statement by the President in His Address to the Nation”). In his address to the joint houses of Congress shortly after September 11, President Bush implicated not just the United States in this fight against evil, but the entire international community stating: “This is the world’s fight. This is civilisation’s fight” (cited by Brown 295). Addressing the California Business Association a month later, in October 2001, Bush reiterated the notion of the United States as the leading nation in the moral fight against evil, and identified this as a possible reason for the attack: “This great state is known for its diversity – people of all races, all religions, and all nationalities. They’ve come here to live a better life, to find freedom, to live in peace and security, with tolerance and with justice. When the terrorists attacked America, this is what they attacked”. While the US media framed the events of September 11 as an attack on the values of democracy and liberalism as these are embodied in US democratic traditions, work by scholars analysing the Australian media’s representation of the attacks suggested that this perspective was echoed and internationalised for an Australian audience. Green asserts that global media coverage of the attacks positioned the global audience, including Australians, as ‘American’. The localisation of the discourses of patriotism and national identity for Australian audiences has mainly been attributed to the media’s use of the good versus evil frame that constructed the West as good, virtuous and moral and invited Australian audiences to subscribe to this argument as members of a shared Western democratic identity (Osuri and Banerjee). Further, where the ‘we’ are defenders of justice, equality and the rule of law; the opposing ‘others’ are necessarily barbaric. Secularism and the Muslim Diaspora Secularism is a historically laden term that has been harnessed to symbolise the emancipation of social life from the forced imposition of religious doctrine. The struggle between the essentially voluntary and private demands of religion, and the enjoyment of a public social life distinct from religious obligations, is historically entrenched in the cultural identities of many modern Western societies (Dallmayr). The concept of religious freedom in the West has evolved into a principle based on the bifurcation of life into the objective public sphere and the subjective private sphere within which individuals are free to practice their religion of choice (Yousif), or no religion at all. Secularism, then, is contingent on the maintenance of a separation between the public (religion-free) and the private or non- public (which may include religion). The debate regarding the feasibility or lack thereof of maintaining this separation has been a matter of concern for democratic theorists for some time, and has been made somewhat more complicated with the growing presence of religious diasporas in liberal democratic states (Charney). In fact, secularism is often cited as a precondition for the existence of religious pluralism. By removing religion from the public domain of the state, religious freedom, in so far as it constitutes the ability of an individual to freely choose which religion, if any, to practice, is deemed to be ensured. However, as Yousif notes, the Western conception of religious freedom is based on a narrow notion of religion as a personal matter, possibly a private emotional response to the idea of God, separate from the rational aspects of life which reside in the public domain. Arguably, religion is conceived of as recognising (or creating) a supernatural dimension to life that involves faith and belief, and the suspension of rational thought. This Western notion of religion as separate from the state, dividing the private from the public sphere, is constructed as a necessary basis for the liberal democratic commitment to secularism, and the notional equality of all religions, or none. Rawls questioned how people with conflicting political views and ideologies can freely endorse a common political regime in secular nations. The answer, he posits, lies in the conception of justice as a mechanism to regulate society independently of plural (and often opposing) religious or political conceptions. Thus, secularism can be constructed as an indicator of pluralism and justice; and political reason becomes the “common currency of debate in a pluralist society” (Charney 7). A corollary of this is that religious minorities must learn to use the language of political reason to represent and articulate their views and opinions in the public context, especially when talking with non-religious others. This imposes a need for religious minorities to support their views and opinions with political reason that appeals to the community at large as citizens, and not just to members of the minority religion concerned. The common ground becomes one of secularism, in which all speakers are deemed to be indifferent as to the (private) claims of religion upon believers. Minority religious groups, such as fundamentalist Mormons, invoke secular language of moral tolerance and civil rights to be acknowledged by the state, and to carry out their door-to-door ‘information’ evangelisation/campaigns. Right wing fundamentalist Christian groups and Catholics opposed to abortion couch their views in terms of an extension of the secular right to life, and in terms of the human rights and civil liberties of the yet-to-be-born. In doing this, these religious groups express an acceptance of the plurality of the liberal state and engage in debates in the public sphere through the language of political values and political principles of the liberal democratic state. The same principles do not apply within their own associations and communities where the language of the private religious realm prevails, and indeed is expected. This embracing of a political rhetoric for discussions of religion in the public sphere presents a dilemma for the Muslim diaspora in liberal democratic states. For many Muslims, religion is a complete way of life, incapable of compartmentalisation. The narrow Western concept of religious expression as a private matter is somewhat alien to Muslims who are either unable or unwilling to separate their religious needs from their needs as citizens of the nation state. Problems become apparent when religious needs challenge what seems to be publicly acceptable, and conflicts occur between what the state perceives to be matters of rational state interest and what Muslims perceive to be matters of religious identity. Muslim women’s groups in Western Australia for example have for some years discussed the desirability of a Sharia divorce court which would enable Muslims to obtain divorces according to Islamic law. It should be noted here that not all Muslims agree with the need for such a court and many – probably a majority – are satisfied with the existing processes that allow Muslim men and women to obtain a divorce through the Australian family court. For some Muslims however, this secular process does not satisfy their religious needs and it is perceived as having an adverse impact on their ability to adhere to their faith. A similar situation pertains to divorced Catholics who, according to a strict interpretation of their doctrine, are unable to take the Eucharist if they form a subsequent relationship (even if married according to the state), unless their prior marriage has been annulled by the Catholic Church or their previous partner has died. Whereas divorce is considered by the state as a public and legal concern, for some Muslims and others it is undeniably a religious matter. The suggestion by the Anglican Communion’s Archbishop of Canterbury, Dr Rowan Williams, that the adoption of certain aspects of Sharia law regarding marital disputes or financial matters is ultimately unavoidable, sparked controversy in Britain and in Australia. Attempts by some Australian Muslim scholars to elaborate on Dr Williams’s suggestions, such as an article by Anisa Buckley in The Herald Sun (Buckley), drew responses that, typically, called for Muslims to ‘go home’. A common theme in these responses is that proponents of Sharia law (and Islam in general) do not share a commitment to the Australian values of freedom and equality. The following excerpts from the online pages of Herald Sun Readers’ Comments (Herald Sun) demonstrate this perception: “These people come to Australia for freedoms they have never experienced before and to escape repression which is generally brought about by such ‘laws’ as Sharia! How very dare they even think that this would be an option. Go home if you want such a regime. Such an insult to want to come over to this country on our very goodwill and our humanity and want to change our systems and ways. Simply, No!” Posted 1:58am February 12, 2008 “Under our English derived common law statutes, the law is supposed to protect an individual’s rights to life, liberty and property. That is the basis of democracy in Australia and most other western nations. Sharia law does not adequately share these philosophies and principles, thus it is incompatible with our system of law.” Posted 12:55am February 11, 2008 “Incorporating religious laws in the secular legal system is just plain wrong. No fundamentalist religion (Islam in particular) is compatible with a liberal-democracy.” Posted 2:23pm February 10, 2008 “It should not be allowed in Australia the Muslims come her for a better life and we give them that opportunity but they still believe in covering them selfs why do they even come to Australia for when they don’t follow owe [our] rules but if we went to there [their] country we have to cover owe selfs [sic]” Posted 11:28am February 10, 2008 Conflicts similar to this one – over any overt or non-private religious practice in Australia – may also be observed in public debates concerning the wearing of traditional Islamic dress; the slaughter of animals for consumption; Islamic burial rites, and other religious practices which cannot be confined to the private realm. Such conflicts highlight the inability of the rational liberal approach to solve all controversies arising from religious traditions that enjoin a broader world view than merely private spirituality. In order to adhere to the liberal reduction of religion to the private sphere, Muslims in the West must negotiate some religious practices that are constructed as being at odds with the rational state and practice a form of Islam that is consistent with secularism. At the extreme, this Western-acceptable form is what the Australian government has termed ‘moderate Islam’. The implication here is that, for the state, ‘non-moderate Islam’ – Islam that pervades the public realm – is just a descriptor away from ‘extreme’. The divide between Christianity and Islam has been historically played out in European Christendom as a refusal to recognise Islam as a world religion, preferring instead to classify it according to race or ethnicity: a Moorish tendency, perhaps. The secular state prefers to engage with Muslims as an ethnic, linguistic or cultural group or groups (Yousif). Thus, in order to engage with the state as political citizens, Muslims must find ways to present their needs that meet the expectations of the state – ways that do not use their religious identity as a frame of reference. They can do this by utilizing the language of political reason in the public domain or by framing their needs, views and opinions exclusively in terms of their ethnic or cultural identity with no reference to their shared faith. Neither option is ideal, or indeed even viable. This is partly because many Muslims find it difficult if not impossible to separate their religious needs from their needs as political citizens; and also because the prevailing perception of Muslims in the media and public arena is constructed on the basis of an understanding of Islam as a religion that conflicts with the values of liberal democracy. In the media and public arena, little consideration is given to the vast differences that exist among Muslims in Australia, not only in terms of ethnicity and culture, but also in terms of practice and doctrine (Shia or Sunni). The dominant construction of Muslims in the Australian popular media is of religious purists committed to annihilating liberal, secular governments and replacing them with anti-modernist theocratic regimes (Brasted). It becomes a talking point for some, for example, to realise that there are international campaigns to recognise Gay Muslims’ rights within their faith (ABC) (in the same way that there are campaigns to recognise Gay Christians as full members of their churches and denominations and equally able to hold high office, as followers of the Anglican Communion will appreciate). Secularism, Preference and Equality Modood asserts that the extent to which a minority religious community can fully participate in the public and political life of the secular nation state is contingent on the extent to which religion is the primary marker of identity. “It may well be the case therefore that if a faith is the primary identity of any community then that community cannot fully identify with and participate in a polity to the extent that it privileges a rival faith. Or privileges secularism” (60). Modood is not saying here that Islam has to be privileged in order for Muslims to participate fully in the polity; but that no other religion, nor secularism, should be so privileged. None should be first, or last, among equals. For such a situation to occur, Islam would have to be equally acceptable both with other religions and with secularism. Following a 2006 address by the former treasurer (and self-avowed Christian) Peter Costello to the Sydney Institute, in which Costello suggested that people who feel a dual claim from both Islamic law and Australian law should be stripped of their citizenship (Costello), the former Prime Minister, John Howard, affirmed what he considers to be Australia’s primary identity when he stated that ‘Australia’s core set of values flowed from its Anglo Saxon identity’ and that any one who did not embrace those values should not be allowed into the country (Humphries). The (then) Prime Minister’s statement is an unequivocal assertion of the privileged position of the Anglo Saxon tradition in Australia, a tradition with which many Muslims and others in Australia find it difficult to identify. Conclusion Religious identity is increasingly becoming the identity of choice for Muslims in Australia, partly because it is perceived that their faith is under attack and that it needs defending (Aly). They construct the defence of their faith as a choice and an obligation; but also as a right that they have under Australian law as equal citizens in a secular state (Aly and Green). Australian Muslims who have no difficulty in reconciling their core Australianness with their deep faith take it as a responsibility to live their lives in ways that model the reconciliation of each identity – civil and religious – with the other. In this respect, the political call to Australian Muslims to embrace a ‘moderate Islam’, where this is seen as an Islam without a public or political dimension, is constructed as treating their faith as less than equal. Religious identity is generally deemed to have no place in the liberal democratic model, particularly where that religion is constructed to be at odds with the principles and values of liberal democracy, namely tolerance and adherence to the rule of law. Indeed, it is as if the national commitment to secularism rules as out-of-bounds any identity that is grounded in religion, giving precedence instead to accepting and negotiating cultural and ethnic differences. Religion becomes a taboo topic in these terms, an affront against secularism and the values of the Enlightenment that include liberty and equality. In these circumstances, it is not the case that all religions are equally ignored in a secular framework. What is the case is that the secular framework has been constructed as a way of ‘privatising’ one religion, Christianity; leaving others – including Islam – as having nowhere to go. Islam thus becomes constructed as less than equal since it appears that, unlike Christians, Muslims are not willing to play the secular game. In fact, Muslims are puzzling over how they can play the secular game, and why they should play the secular game, given that – as is the case with Christians – they see no contradiction in performing ‘good Muslim’ and ‘good Australian’, if given an equal chance to embrace both. Acknowledgements This paper is based on the findings of an Australian Research Council Discovery Project, 2005-7, involving 10 focus groups and 60 in-depth interviews. The authors wish to acknowledge the participation and contributions of WA community members. References ABC. “A Jihad for Love.” Life Matters (Radio National), 21 Feb. 2008. 11 March 2008. < http://www.abc.net.au/rn/lifematters/stories/2008/2167874.htm >.Aly, Anne. “Australian Muslim Responses to the Discourse on Terrorism in the Australian Popular Media.” Australian Journal of Social Issues 42.1 (2007): 27-40.Aly, Anne, and Lelia Green. “‘Moderate Islam’: Defining the Good Citizen.” M/C Journal 10.6/11.1 (2008). 13 April 2008 < http://journal.media-culture.org.au/0804/08aly-green.php >.Aly, Anne, and David Walker. “Veiled Threats: Recurrent Anxieties in Australia.” Journal of Muslim Minority Affairs 27.2 (2007): 203-14.Brasted, Howard.V. “Contested Representations in Historical Perspective: Images of Islam and the Australian Press 1950-2000.” Muslim Communities in Australia. Eds. Abdullah Saeed and Akbarzadeh, Shahram. Sydney: University of New South Wales Press, 2001. 206-28.Brown, Chris. “Narratives of Religion, Civilization and Modernity.” Worlds in Collision: Terror and the Future of Global Order. Eds. Ken Booth and Tim Dunne. New York: Palgrave Macmillan, 2002. 293-324. Buckley, Anisa. “Should We Allow Sharia Law?” Sunday Herald Sun 10 Feb. 2008. 8 March 2008 < http://www.news.com.au/heraldsun/story/0,21985,231869735000117,00.html >.Bush, George. W. “President Outlines War Effort: Remarks by the President at the California Business Association Breakfast.” California Business Association 2001. 17 April 2007 < http://www.whitehouse.gov/news/releases/2001/10/20011017-15.html >.———. “Statement by the President in His Address to the Nation”. Washington, 2001. 17 April 2007 < http://www.whitehouse.gov/news/releases/2001/09/20010911-16.html >.Charney, Evan. “Political Liberalism, Deliberative Democracy, and the Public Sphere.” The American Political Science Review 92.1 (1998): 97- 111.Costello, Peter. “Worth Promoting, Worth Defending: Australian Citizenship, What It Means and How to Nurture It.” Address to the Sydney Institute, 23 February 2006. 24 Apr. 2008 < http://www.treasurer.gov.au/DisplayDocs.aspx?doc=speeches/2006/004.htm &pageID=05&min=phc&Year=2006&DocType=1 >.Dallmayr, Fred. “Rethinking Secularism.” The Review of Politics 61.4 (1999): 715-36.Erjavec, Karmen, and Zala Volcic. “‘War on Terrorism’ as Discursive Battleground: Serbian Recontextualisation of G. W. Bush’s Discourse.” Discourse and Society 18 (2007): 123- 37.Green, Lelia. “Did the World Really Change on 9/11?” Australian Journal of Communication 29.2 (2002): 1-14.Herald Sun. “Readers’ Comments: Should We Allow Sharia Law?” Herald Sun Online Feb. 2008. 8 March 2008. < http://www.news.com.au/heraldsun/comments/0,22023,23186973-5000117,00.html >.Humphries, David. “Live Here, Be Australian.” The Sydney Morning Herald 25 Feb. 2006, 1 ed.Hutcheson, John S., David Domke, Andre Billeaudeaux, and Philip Garland. “U.S. National Identity, Political Elites, and Patriotic Press Following September 11.” Political Communication 21.1 (2004): 27-50.Kymlicka, Will. “Liberal Individualism and Liberal Neutrality.” Ethics 99.4 (1989): 883-905.Modood, Tariq. “Establishment, Multiculturalism and British Citizenship.” The Political Quarterly (1994): 53-74.Osuri, Goldie, and Subhabrata B. Banerjee. “White Diasporas: Media Representations of September 11 and the Unbearable Whiteness of Being in Australia.” Social Semiotics 14.2 (2004): 151- 71.Rawls, John. A Theory of Justice. Cambridge: Harvard UP, 1971.Said, Edward. Orientalism. New York: Vintage Books 1978.Western Australian Charter of Multiculturalism. WA: Government of Western Australia, Nov. 2004. 11 March 2008 < http://www.equalopportunity.wa.gov.au/pdf/wa_charter_multiculturalism.pdf >.Yousif, Ahmad. “Islam, Minorities and Religious Freedom: A Challenge to Modern Theory of Pluralism.” Journal of Muslim Minority Affairs 20.1 (2000): 30-43.

A harmonious state of things is often perceived idyllic. It is devoid of cacophony, hostility, and dissension. It denotes peace, accord, and a relationship characterized by a lack of conflict. True harmony goes much deeper than absence of conflict or condemnation for the lack of peace. This paper presents the challenges to harmony using the theory of care ethics. It will unveil the possibilities of care, even if it was initially lodged at home and family. Using an expansive view, this paper claims that harmony is not farfetched if nations bring to the table the ethics of care. Hinged on care ethics are the principles of collective praxis, peace, and solidarity which enrich human potentials and makes interconnections, and solidarity possible. Thus, the paper will employ philosophical and theological analysis that addresses the following: 1) Care ethics as an ethical concept with myriad variants, yet praxis-driven; 2) Pope Francis’ Laudato Si’ as an appeal to foster care for all; 3) A theological reinterpretation of “rada”, and 4) Care ethics as an injunction to revalue care as a social good. Incorporating Pope Francis’ message in Laudato Si’, this paper hopes to underscore promoting a culture of caring through collective dialogue. References Anderlik, Mary R. The Ethics of Managed Care: A Pragmatic Approach. Bloomingdale: Indiana University Press. 2001. Blair-Loy, Mary. Competing Devotions: Career and Family among Women Executives. Cambridge, Massachusetts: Harvard University Press. 2003. Frank Parsons, Susan, ed. The Cambridge Companion to Feminist Theology. Cambridge: Margaret Beaufort Institute of Theology, 2002. Frank Parsons, Susan. Feminism and Christian Ethics. Cambridge: Cambridge University Press, 1996. Gardner, E. Clinton. Justice and Christian Ethics. Cambridge: Cambridge University Press, 1995. Gensler, Harry J., Earl W.Spurgin, and James C.Swindal, eds. Ethics: Contemporary Readings. New York: Routledge, 2004. Greene-Mccreight, Kathryn. Feminist Reconstructions of Christian Doctrine: Narrative Analysis and Appraisal. Oxford: Oxford University Press, 2000. Grimshaw, Jean. Philosophy and Feminist Thinking. Minneapolis: University of Minnesota Press, 1986. Groenhout, Ruth E. “I Can’t Say No: Self-Sacrifice and an Ethics of Care,” in Ruth E. Groenhout and Marya Bower, eds. Philosophy, Feminism, and Faith, pp. 152-174. Bloomington: Indiana University Press, 2003. Groenhout, Ruth E. and Marya Bower, eds. Philosophy, Feminism, and Faith. Bloomington: Indiana University Press, 2003. Hampton, Jean. “Feminist Contractarianism,” in in Louise Antony and Charlotte Witt, eds. A Mind of One’s Own, pp. 227–255. Boulder, Colo.: Westview Press, 1993. Held, Virginia. ‘The Ethics of Care’ in David Copp, ed. The Oxford Handbook of Ethical Theory. New York: Oxford University Press, 2006. Held, Virginia. The Ethics of Care: Personal, Political, and Global. Oxford: Oxford University Press, 2006. Hilkert Andolsen, Barbara. “Agape in Feminist Ethics,” The Journal of Religious Ethics 9 (1981): 69–83. Hoagland, Sarah Lucia. “Some Thoughts on ‘Caring,’” in Claudia Card, ed. Feminist Ethics, pp. 246–63. Lawrence: University Press of Kansas, 1991. Hoffman, Martin L. Empathy and Moral Development: Implications for Caring and Justice. Cambridge: Cambridge University Press, 2000 Homiak, Marcia. “Feminism and Aristotle’s Rational Ideal,” in Louise Antony and Charlotte Witt, eds. A Mind of One’s Own, pp.1–18. Boulder, Colo.: Westview Press, 1993. Hoose, Bernard. Christian Ethics: An Introduction. London: Continuum, 1998. Isherwood, Lisa and Kathleen McPhillips, eds. Post-Christian Feminisms: A Critical Approach. Hampshire. England: Ashgate, 2008. Jardine, Alice and Paul Smith, eds. Men in Feminism. New York: Routledge, 1987. Kieran Cronin. Rights and Christian Ethics. Cambridge: Cambridge University Press, 1992. Macrae, Janet A. Nursing as a Spiritual Practice: A Contemporary Application of Florence Nightingale's Views. New York: Springer Publishing Company. 2001. Michael Slote, Morals from Motives. New York: Oxford University Press, 2001. Murphy, Peter F. Feminism and Masculinities: Oxford Readings in Feminism. Oxford: Oxford University Press, 2004. Murray, Mary. The Law of the Father? Patriarchy in the Transition from Feudalism to Capitalism London: Routledge, 1995. Outka, Gene. “Universal Love and Impartiality.” In Edmund Santurri and William Werpehowski, eds. The Love Commandments: Essays in Christian Ethics and Moral Philosophy. Washington, D.C.: Georgetown University Press, 1992. Parks, Jennifer A. No Place Like Home? Feminist Ethics and Home Health Care. Bloomingdale: Indiana University Press. 2003. Post, Stephen. A Theory of Agape: On the Meaning of Christian Love. Lewisburg, Pa.: Bucknell University Press, 1990. Ramsey, Paul. Basic Christian Ethics. Louisville: Westminster/John Knox Press, 1993.

Truth be told, the “Y2K bug” was quite a disappointment. While the technopundits wooed us with visions of network failures worthy of millennial fervor, Jan. 1, 2000, came and went without even a glimmer of the catastrophic. Yet the Y2K “bug” did reveal the degree to which the American apocalypse now took the form of the network itself. The spaces of everyday life in America and elsewhere in a developed world produce and are produced by network structures that Manuel Castells has called “spaces of flow.” As such, Catastrophe today is marked more by dispersion and dissipation, rather than breakdown — a dis-strophe of social forms, structures, and experience. The dissipation of enactive networks does not, however, equate with a system failure. With the Internet “bubble burst” of March, 2000, the very exuberance of market flows were very much the conditions of possibility for both the irruption of a new economy and its sudden evaporation. It is not the ephemerality of these social forms and structures that disorients activities of everyday life in a network society, but rather our lack of control over distributed processes. The bubble burst, then, by no means sounded a death knell for distributed network functions. Rather, it marked a moment of increased misrecognition of the forms, structures, and practices that were the conditions of possibility for the event itself, as an ideology of authentication eclipsed a rhetoric of emergence and flow. Billions in capital disappeared in a matter of weeks, but the network forms and structures that allowed individual users “direct access” to the flows of capital remained in place for a normative virtual class, articulated as personalized and privatized spaces of control. As the bubble burst signaled an instance of digital dis-strophe, the 9/11 attacks on the World Trade Center marked a similar dissipative moment, articulated in the material terror of over 1,300 feet of skyscraper steel and human bodies turned to wreckage and dust. Much as the market crash of 2000 represented a collapse from within of the same network processes that enabled the market’s phenomenal growth, for all the “foreignness” of the terrorists, al Qaeda as an organization appeared decidedly at home in the globalized network society that it threatened to destroy. In an instance of Baudrillardian “ironic revenge,” terrorism appropriated all the trappings of a global space of flows in the name of subverting that same social structure (Baudrillard, “Spirit” 17-19). Only within the conditions of possibility of networked social space could such attacks occur. As such, terrorist cells functioned (the media informed us) as nodes in a distributed network, a human articulation of a space of flows capable of enacting horrifying acts beyond control. While in the years leading up to the market collapse of March, 2000, a growing number of an emerging virtual middle class (from cyberhippy to day-trader manqué) began to understand distributed networks as material expressions of a social revolution, the image of a distributed network changed after 9/11, becoming a global spatiality of fear and danger. As independent scholar Sam Smith notes on his weblog: I expect the organizing principle of the coming age – the era that began on September 12… – will be the distributed network, and we already have some early indications of what this period might look like. The decentralized potency of the Internet is a perfect metaphor in so many ways, and al Qaeda itself provides an apt demonstration of the character and power of the distributed network…. As our ill-prepared military has discovered, it’s hard to kill something you can’t find. Thank goodness for the Taliban, eh? Although figured as an anti-modern fundamentalism, the terrorist networks associated with September 11 served as an image of contemporary network structures themselves. The enemy, it seemed, was not some reclusive figurehead, but rather, the spatiality of the network itself, enacted by distributed, autonomous agents. Carl Conetta, writing on the nature of al Qaeda as a distributed network, notes in particular its ability to “[link] subnational elements together in a transnational web,” to thrive in nation-states that have collapsed or are about to collapse; in short, al Qaeda “lives in the interstices” of modern global space (Conetta). As globalization’s ironic revenge, distributed terror maps the interstitial flows that exploit the inability of centralized authority to coordinate emergent, enactive forms of network agency. In response, the US Congress passed the Patriot Act as an attempt to introduce modes of control into distributed networks and place them at the fingertips of state-based agencies. In an era of global flows, the Patriot Act reestablished the homeland as both a concept of social space and a delimited space of practice, articulated through global network structures. As part of President Bush’s “war on terror,” the Patriot Act declared war on the dispersive and dissipative nature of distributed networks by introducing what Deleuze and Guattari would call state-based apparatuses of capture. But as Deleuze notes, in a world of flows, “capture” occurs as a modulation, not an enclosure — a system of distributed control that is itself expressed in flows (4). The Patriot Act acknowledges networks themselves as modes of agency (noted in its frequent reference to an “intelligence service or network of a foreign power”), and as such institutes a legislative structure to “trap and trace” emergent network structures. In effect, the Patriot Act marks a modulation of networked social space that affirms the primacy of global flows in contemporary life at the same time that it initiates state-based systems of distributed control. Apparatuses of capture modulate flows by eliminating the interstitial and regulating transmission as a mode of order. The “homeland security” measures, then, are precisely this sort of effort to modulate the forms, structures, and practices of a space of flows. As the US military force mounted, one heard less and less talk of the distributed network form of terror, as an uncontrollable threat coalesced in the modulated image of a handful of figureheads: a “line up” in its most literal sense connecting bin Laden, Zakawi, and Hussein. The infamous Most Wanted card deck shifted our imagination from the shuffling networks of global terror to a linear ranking of Ba’ath Party players — a chain of command in a “rogue nation,” from ace of spades to the two of clubs. The topology of fear had changed. Within months, the U.S. government’s rhetoric had swayed our attention from terrorist networks to an “Axis of Evil.” Gone were the references to the complex webbings of distributed systems, and in its place, the reassuringly linear, gravitational orientations of good and evil. The “axis” not only revived the relatively clear lines of geopolitics of the Second World War; it also attempted to reestablish a representation of space predicated upon unidirectional movements and centralized control. Meanwhile, back in the homeland, DARPA’s Total Information Awareness (TIA) Program (renamed the Terrorist Information Awareness Program for better PR) promised a means of capturing flows of information through distributed control over the network. Whereas terrorist organizations exploit the interstitial spaces of a global network society, TIA as a state-based apparatus of capture promised to utilize these same networks to modulate a space of flows and extract orderly patterns of information. The agent of the state doesn’t necessarily control the flow of these networks, but rather, extracts mappings of emergent connections enacted by the network itself. Patterns of informatic exchange and transmission, then, provide distributed control over a network environment that can only be defined by flows and virtualities. In contrast to the data mining we are all used to in a commercial setting, where patterns of aggregate data give rise to “meaningful” market analysis, distributed control systems would instead focus on “rare but significant connections” mapped by the relational structures of a situated subject (DARPA A-14). Lines of contact emerge as pattern recognition allows authorized agents to “connect the dots” (a favored expression throughout DARPA’s report to Congress) within an undifferentiated network of data-flow. Distributed control creates a means for modulating what would otherwise appear as abject noise or aberrant links; the very fact that terrorist networks are represented as abject, interstitial social formations (and vice versa) becomes the condition of possibility for their recognition and capture. In a world in which networks of flows shape both state structures of power and the attempts to destroy those same structures, the lines have been drawn — and modulated. Through systems of distributed control, enactive networks now increasingly speak to a social space in which agency itself maps an emergent network. Less than two years after the Patriot Act was signed into law, DARPA lost Congressional funding for TIA. Again, it was the potential for success that induced our visions of digital catastrophe — that such a large body of data subjected to distributed control presented the potential for the network’s ironic revenge. Yet in many ways the modes of distributed control enacted by networks of pattern recognition are already matters of everyday life, misrecognized as “conveniences” in a network society. While spam filters and software agents hardly equate with the sophistication of TIA programs, the goal of each is the same — to modulate flows and cast off or capture the interstitial within programs of order. While information may want to be free, the forms, structures, and practices of everyday life reveal the degree to which a normative virtual class exerts a will to control, and an ironic willingness to distribute that control to the network itself. In a post-9/11 America, distributed controls are all the more implicated in everyday life, and all the more misrecognized as such by a citizenry terrified by middle eastern networks and placated by lines in the sand. References Baudrillard, Jean. The Spirit of Terrorism. Trans. Chris Turner. New York: Verso, 2003. ———. Symbolic Exchange and Death. Trans. Iain Hamilton Grant. Thousand Oaks, CA: Sage, 1993. Castells, Manuel. The Rise of the Network Society. Cambridge: Blackwell, 1996. Conetta, Carl. “Dislocating Alcyoneus: How to Combat al-Qaeda and the New Terrorism.” Project on Defense Alternatives. http://www.comw.org/pda/0206dislocate.html>. Defense Advanced Research Projects Agency (DARPA). “Report to Congress Regarding the Terrorism Information Awareness Program.” Washington, D.C. 20 May, 2003. http://www.eff.org/Privacy/TIA/TIA-report.pdf>. Deleuze, Gilles. “Postscript on the Societies of Control.” October 59 (Winter 1992): 3-7. Deleuze, Gilles and Felix Guattari. A Thousand Plateaus. Trans. Brian Massumi. Minneapolis: U Minnesota P, 1984. Trippi, Laura. “More Signs of 911’s Complex Effects.” Netvironments. http://www.netvironments.org/blog/archives/2001_09_01_archives1_html>. Smith, Sam. “Weblog: July/August 2002.” http://www.lullabypit.com/blog/02.jul_aug.html>. United States. Cong. Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act) Act of 2001. Washington: GPO, 2001. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ056.107.pdf>. Citation reference for this article MLA Style Nunes, Mark. "Distributed Terror and the Ordering of Networked Social Space." M/C Journal 7.6 (2005). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0501/01-nunes.php>. APA Style Nunes, M. (Jan. 2005) "Distributed Terror and the Ordering of Networked Social Space," M/C Journal, 7(6). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0501/01-nunes.php>.

Photo ID 129550055 © Katarzyna Bialasiewicz | Dreamstime.com ABSTRACT It has been 26 years since medical aid in dying (“MAiD”) was first legalized in Oregon, and today, about 20 percent of people in the US live in jurisdictions that permit MAiD. The New York State legislature is currently considering a bill that would permit Medical Aid in Dying for terminally ill patients in certain defined circumstances. Those states now benefit from decades of experience, evidence, and reporting from MAiD jurisdictions. This demonstrates that legislation can simultaneously grant terminally ill citizens the civil right to access MAiD while also aggressively protecting all patients from coercion, manipulation, and harm. Given the copious evidence gathered in the past decades, concerns about abuse can no longer be credited as grounds for opposing the passage of legislation that is demonstrably both effective and safe. INTRODUCTION It has been 26 years since medical aid in dying (“MAiD”) was first legalized in Oregon,[1] and today, about 20 percent of people in the US live in jurisdictions that permit MAiD.[2] Other jurisdictions, including New York, are actively considering adopting MAiD laws. Those states now benefit from decades of experience, evidence, and reporting from MAiD jurisdictions, demonstrating that legislation can permit MAiD while also aggressively protecting all patients from coercion, manipulation, and harm. The data should allay the concerns of those who oppose MAiD due to the risk of abuse, coercion, and a hypothetical slippery slope. We, as a society, as clinicians, and as ethicists, must remain vigilant and prevent abuse of MAiD, given the potential risks in the community and in congregate care settings and the risk of patient exploitation by family members. However, given the copious evidence, concerns about abuse do not justify opposition to legislation that is effective and safe. I. New York’s MAiD Bill The New York State legislature is currently considering a bill that would permit MAiD for terminally ill patients in defined circumstances.[3] The bill applies only to adults with a terminal illness or condition that is “incurable and irreversible” and “will, within reasonable medical judgment, produce death within six months.” The bill contains numerous protective requirements: MAiD requests can only be made by the patient themself; requests cannot be made by healthcare agents, surrogates, or anyone else; MAiD requests must be made both orally and in writing to the patient’s attending physician; No person is eligible for MAiD solely because of age or disability; The patient’s attending physician must determine the patient has a qualifying terminal illness, has decision-making capacity, and has made a voluntary, informed decision to request MAiD, in the absence of coercion; These determinations must be confirmed by a second consulting physician in writing; If the attending physician has any concern that the patient may not have decision-making capacity, the patient must be referred to a mental health professional; The attending physician has additional duties to the patient, including ensuring the decision is informed, by discussing the patient’s condition and prognosis; discussing the MAiD process, and treatment alternatives like palliative and hospice care; offering referrals to other appropriate treatment, like palliative and hospice care; and educating the patient that their request can be rescinded at any time and offering them an opportunity to do so; The written request must be witnessed by at least two adults who cannot be (i) related to the patient, (ii) entitled to any portion of the patient’s estate, (iii) employed by a healthcare facility where the patient is receiving treatment or residing, (iv) or the attending physician, consulting physician, or mental health professional determining decision-making capacity; and MAiD medication must be self-administered by the patient, and it must be voluntarily ingested.[4] ARGUMENTS FOR AND AGAINST MAiD II. No Evidence of Abuse of Existing MAiD Laws MAiD supporters and critics alike have a concern about the abuse of MAiD. For this reason, MAiD laws throughout the US incorporate strict eligibility criteria and protective procedural requirements. For instance, patients are eligible only if they are terminally ill with six months or less to live, more than one physician must be involved, and requests must be witnessed (by individuals unrelated to the patient who will not profit from the patient’s estate). MAiD requests have been closely examined in the 27 years since Oregon became the first state to legalize the practice. The results show that these compassionate and protective measures have worked. There have been no documented or substantiated incidents of MAiD abuse since Oregon became the first to implement a MAiD law in 1997.[5] In 2019, the executive director of Disability Rights Oregon (DRO), an organization mandated by federal law to investigate complaints of abuse or neglect of people with disabilities, reported that DRO has never received a complaint that a person with disabilities was coerced into obtaining a prescription for MAiD drugs.[6] A recent study of aggregated data from all nine of the US jurisdictions with publicly available MAiD records from 1998 to 2002 found that 95.6 percent of those who died by MAiD were non-Hispanic white individuals, and 53.1 percent were male.[7] 72.2 percent of these individuals had at least some college education, 74 percent had a cancer diagnosis, and the median age of MAiD death was 74 years old. Only 11 percent of patients were uninsured. MAiD users tend to be white, older, educated, diagnosed with cancer, and insured. Fears that MAiD would overwhelmingly be used by (or on) the poor, the uninsured, the uneducated, or racial and ethnic minorities have not materialized. This data has actually raised a converse concern: that MAiD may, inequitably, not be readily available to less privileged populations or those with a diagnosis other than cancer.[8] Opponents of MAiD may argue that the recent relaxation of certain legal restrictions in some jurisdictions is evidence that the slippery slope to unrestricted euthanasia has begun. This is a mischaracterization. Certain restrictions have been adjusted. For instance, Oregon and Vermont removed the residency restriction that previously excluded non-residents from eligibility.[9] Both states changed the residency requirement due to lawsuits challenging the constitutionality of requiring residence.[10] New Jersey’s law will likely change soon, as well.[11] Initial MAiD laws were drafted to be highly restrictive out of concern about unintended and unforeseeable consequences. Given the gravity of the subject, decades ago, it was better to err on the side of caution, even if that meant excluding from eligibility people who ought to, ethically or legally, be included. Now, with nearly 30 years of experience and data, we can better determine which requirements are necessary to appropriately protect patients, clinicians, and society. Restrictions proven to be unnecessary can now be modified. The core purposes of MAiD laws and the rights and protections they provide are not changing. Rather, a few aspects of the regulations are being adjusted so they are not more restrictive than necessary to achieve their purpose. The ever-growing body of evidence that MAiD laws can adequately protect against abuse and the mythic slippery slope has assured many that their fears will not materialize.[12] For example, NYU bioethicist Arthur Caplan was once a vigorous opponent of MAiD. He worried that MAiD laws would lead to the abuse of the poor, uninsured, and disabled in service of cost-saving or the convenience of others. [13] But, after closely following the empirical evidence from MAiD early-adopters, Oregon and Washington, Caplan changed his mind. In 2018, he argued in favor of the NY MAiD bill before the New York State Assembly Standing Committee on Health.[14] Discussing his review of evidence from these states, Caplan stated: I found no cause for my concerns, none with respect to the slippery slope. There isn’t solid evidence of coercion or duplicity being exercised with respect to people who choose assistance in dying in either state. The police, government officials, families of those who have chosen to use the legislation and the general citizenry find no causes or basis for changing the laws due to abuse or misapplication . . . These slippery slope arguments are just not true . . . there is no current factual support for this slippery slope argument that vulnerable individuals are at risk for being coerced into using the law.[15] Decades of evidence has shown that legislation can simultaneously grant terminally ill patients access to MAiD while also protecting against coercion and abuse. In the face of this evidence, continuing to deny access to MAiD because of hypothetical abuse is unjust and unethical. III. Views of Opponents are Neither Grounded in Fact nor Consistent with Current End-of-Life Practices a. Risk of coercion One common argument heard today from some disability advocates who oppose MAiD goes something like this: Everybody who would qualify for and use MAiD is (or will become) a disabled person, so MAiD only kills people with disabilities. The most common reasons people choose to end their lives via MAiD are disability issues, like loss of autonomy, less ability to engage in activities, and loss of dignity. They argue that, instead of making it easier for disabled people to die, we should make sure that proper services and support exist so that disabled people do not choose to die. Such disability-rights-based arguments tend to assert that to avoid abuse, we must prohibit MAiD altogether. They argue that legalizing MAiD will inexorably lead to abuse and coercion, and disabled people will be pressured into suicide. Some even argue that MAiD laws are the first step to euthanasia, noting the path in other jurisdictions.[16] As an initial matter, people with disabilities deserve adequate support and services, and these are not always available to them. People with disabilities have faced tremendous discrimination in the healthcare system and have been historically prevented from accessing proper care and asserting their autonomy. Ensuring that all can access adequate end-of-life care, like palliative or hospice care, is an ongoing battle that ought not be abandoned. But fighting for adequate end-of-life care and legalizing MAiD are not mutually exclusive. In Oregon, 90 percent of those who access MAiD are enrolled in hospice and states with MAiD laws tend to have better access to palliative care than states without.[17] MAiD proponents seek only to add another choice for the dying, not to diminish any other options. This is reflected in the text of New York’s pending bill, which explicitly requires patient education and referrals to appropriate end-of-life services, like palliative care and hospice.[18] No one has openly argued that society should hold terminally ill patients hostage in order to obtain broader support and funding for palliative care, but that is the practical effect. Beyond the need for supportive services and proper access to the full range of end-of-life care options, the disability argument fails. First, the assertion that MAiD laws will be abused and disabled people will be coerced into suicide is not grounded in fact. To the contrary, real-life evidence gathered in over two decades of legal MAiD has shown no documented or substantiated incidents of abuse, as discussed above.[19] The slippery slope has simply not materialized. Advocates for people with disabilities who are opposed to MAiD have not clearly articulated exactly who is vulnerable to being coerced into obtaining a MAiD prescription or even how such coercion could logistically occur. Most people with disabilities are not vulnerable to MAiD abuse, as they do not have a qualifying terminal illness or lack decisional capacity due to a developmental disability and are therefore not eligible. MAiD opponents appear to be claiming that all those who qualify for MAiD are vulnerable and seek protection from MAiD laws. But this would include many of the people that, over the past decades, have aggressively and publicly advocated for access to MAiD – terminally ill people, like Brittany Maynard,[20] many of whom lobbied hard for the passage of MAiD laws while knowing that they themselves would die before the laws passed. Opponents of MAiD from a segment of the disability rights community are telling individuals who they claim, without permission, as members of the MAiD opposition community, that they must all endure unimaginable suffering without a MAiD option because they must be protected from theoretical coercive harm. People with disabilities should be allowed to make their own choices. No one, not even the most well-meaning advocate, should be allowed to obstruct a patient’s end-of-life choices – those choices belong to the patient alone. b. Argument That the Demand for MAID is a Result of Poor Disability Services Second, the argument that terminally ill patients would decline MAiD if only they had better disability services or support is disingenuous to the extent that it ignores the fact that people choosing MAiD are actively dying. No provision of supportive services can change this. And it is perfectly reasonable for someone who knows that they will die in less than six months to want some control over the manner of their death and to avoid the deterioration, indignity, and suffering that could come with it. The argument construes a MAiD death as a choice to die rather than live with a disability. But individuals choosing MAiD are not choosing death – death is coming and coming quickly. MAiD simply offers some control over this reality, giving patients an option that is safe, certain, and painless. Certainly, supportive hospice services should be available for these individuals. But there is no evidence demonstrating that any amount of service would eliminate the need and desire for the MAiD option. c. Inconsistent Positions on MAID and Other Ending Life Care Options: Palliative Sedation and VSED MAiD opponents who are concerned about abuse and coercion often hold inconsistent views on other currently available ending life care options.[21] For example, some argue that palliative sedation[22] renders MAiD unnecessary and does not present the same ethical problems.[23] However, whereas MAiD can only be chosen by the patient themself (and the patient must have decision-making capacity), the same is not true for palliative sedation. Palliative sedation, a valuable modality of end-of-life care, does not have to be initiated by the patient. If the patient is deemed not to have decision-making capacity to make that decision, their healthcare proxy can decide to initiate the process and continue it until the patient dies. Individuals other than patients often choose to begin palliative sedation and continue it to its inevitable conclusion. And because palliative sedation does not require enabling legislation, none of the protective safeguards incorporated in MAiD legislation are available to protect those who receive palliative sedation. Some may try to differentiate between palliative sedation and MAiD by saying that once started, palliative sedation can always be discontinued – it need not end in the patient’s death. This is true, but the very process of palliative sedation will inevitably make the patient insensible or unconscious or otherwise unable to exercise a choice to stop sedation. With MAiD, the patient must self-administer and ingest the medication on their own, with death following quickly. The patient can choose to forgo MAID up until the very moment of self-administration. Considering MAiD’s procedural safeguards, including that only the patient may choose and administer MAiD, MAiD patients are offered more protection from potential abuse than patients who receive palliative sedation. While some have vocally opposed MAiD for decades, there has not been similar opposition to the option of voluntarily stopping eating and drinking (VSED). With VSED, adults with decision-making capacity make a voluntary decision to refuse nutrition and hydration to die more quickly. People choosing VSED are, essentially, making the same choice that people choosing MAiD do. But VSED is a less predictable process that takes much longer to complete. Unfortunately, the process also carries a risk of unpleasant side-effects, though proper care can help mitigate them. Additionally, the practice of VSED is not constrained by statutorily defined protective measures, as is the case with MAiD – one does not even need to have a terminal illness to choose VSED.[24] It is logically inconsistent for those who oppose MAiD because of the perceived potential of abuse to hold different views about VSED.[25] If malevolent actors can unethically pressure or coerce patients into MAiD, they can also coerce them to stop eating and drinking. As with palliative sedation, it could be argued that an important difference is that VSED can be stopped, unlike MAiD. This argument fails clinically and ethically. As with palliative sedation, the VSED process eventually results in the patient losing consciousness and decision-making capacity. The patient generally becomes unarousable for a period that could last for days or even weeks. For this reason, it is crucial for VSED patients to express their choice in writing (or preferably in video recording)[26] to ensure that they will not be given nutrition or hydration when they are no longer able to enforce their refusal (or if they begin asking for nutrition or hydration). Therefore, there is a period in which the patient cannot decide to end the process, just as with palliative sedation. To the extent that someone is so concerned with potential abuse of MAiD that they seek to ban it but have not expressed similar concerns with VSED, these positions are inconsistent. At a NYS Bar Association-sponsored conference on MAiD in 2019, David Hoffman asked a MAiD opponent whether, “as someone who is looking out for the interests of a segment of the disability population,” she supports palliative sedation and VSED.”[27] Kathryn Carroll, who represented the Center for Disability Rights (“CDR”), confirmed that CDR did not oppose palliative sedation and did not offer a position on VSED. She noted the subtle difference in intention: I don’t believe the Center for Disability Rights has taken issue with palliative sedation. And my understanding is that there is a key difference between palliative sedation and assisted suicide, particularly in that palliative sedation, the point is not to bring about the death of the person, but to relieve the pain that they are experiencing. And so the death is more of a side effect rather than the intended outcome.[28] During the questioning, she provided no explanation as to why the potential for abuse would be different among palliative sedation, VSED, and MAiD.[29] The other MAiD opponent on the panel, Dennis Vacco, of Vacco v. Quill[30] fame, interjected but could not explain any ethically significant difference between VSED and MAiD. Instead, he focused solely on palliative sedation, stating that the relevant difference is that palliative sedation can be stopped: . . . treating the pain including what you referred to as terminal sedation, is not moral and legally and ethnically the same as physician-assisted suicide . . . The fact of the matter is – the difference is you can terminate that treatment, and it’s the permanent aspect of physician-assisted suicide that goes back to what I said 20 minutes ago. You can’t put the bright line anyplace else other than where it is.[31] But, as discussed above, that difference is of little import, given that palliative sedation results in patients without the ability or capacity to make the choice to stop treatment. Vacco then reverted to his concerns about the potential for coercion and the elusive slippery slope, referencing his primary argument that the only way to ensure there is no abuse of a MAiD law is not to have one at all: The bright line that is created by the law in the state of New York, which makes physician-assisted suicide a manslaughter in the second-degree, or assisting suicide by anybody, manslaughter in the second degree . . . is unfortunately the only place that line can be. That line should not move further toward accommodation. And we see here in the context of . . . all of the so-called protections in the statute. With every protection that is not prohibition, with every protection, you raise the possibility of abuse. You raise the possibility with every protection.[32] Neither Vacco nor Carroll addressed the fact that many common practices today can be the result of coerced decisions. These practices have none of the safeguards contained in MAiD legislation. As another panelist, David Leven, stated: consider that people who want to have life-sustaining treatment withdrawn, whether it’s a ventilator or feeding tube, they can also be coerced by family members. That can happen even more often, of course, because that process takes place more and more often, and there are none of the safeguards that we’re talking about here . . . there are risks involved in any process which might result in a hastened death. But there seems to be very little risk involved with medical aid in dying based on the experience in 40 years and the nine states which now permit medical aid in dying.[33] There is an inescapable inconsistency within the disability argument: one cannot logically be so concerned about the abuse of legalized access to MAiD to justify opposing all MAiD legislation while simultaneously supporting options like palliative sedation or VSED as abuse-free alternatives. d. Argument Against Speaking for a Community with Diverse Views Finally, while some disability advocates opposing MAiD will claim terminally ill patients as part of their community, they have no right or authorization to speak for the extremely heterogeneous group of terminally ill patients or the disability community[34] as a whole. The disability community is not homogenous; while some members oppose MAiD, others support it.[35] Recent polling indicates that MAiD may have broad support across the disability community.[36] e. MAiD Opponents Hold the Rights of the Terminally Ill Subordinate to Their Personal Morality and Unsubstantiated Theoretical Concerns The argument that does not get much attention, the one that is the simplest and perhaps even the most compelling, is that all killing is wrong, and the government ought not to be in the business of enabling it. That is certainly a compelling religious and moral argument against individuals engaging in any form of acts that result in ending a human life. But such an ethical or theological position does not dictate that individuals who hold different views on personal morality should be precluded by the state from accessing the most safe, certain, and painless means of addressing an invariably terminal illness. Arguments like the one described above by Vacco (that the only way to completely avoid potential MAiD abuse is to prohibit MAiD) are essentially claiming that the safest thing to do is to subordinate the suffering of the terminally ill to avoid the more subtle task of balancing the interests of two different groups of New York state citizens. But surely, that is the role of the legislature every day. And we should expect no less from the legislature on this issue. The best way to ensure no one dies in car accidents is to prohibit driving. But instead of doing so, we implement safety regulations (like speed limits) to balance the right to travel with the right of everyone else not to be killed in the process. Evidence demonstrates that MAiD legislation can also strike a balance between the rights of the terminally ill and the need to prevent harm. It is not justifiable to support a blanket prohibition of MAiD. CONCLUSION Opponents of MAiD have had decades to cite problematic case studies or formulate a compelling moral argument against it that is grounded in data rather than an assertion of their personal morality. Plainly, no one on either side of the MAiD legislative discussion wants to see anyone subjected to involuntary euthanasia or coerced into MAiD as a better alternative to palliative care when such a plan of care is a viable alternative to “ending life care.” However, enough time has passed, and the risk of coercion has been given sufficient study and debate that we can now conclude, as a society, that the rights of the terminally ill and the rights of persons committed to living their best and longest life with a disability are wholly compatible. It is time for the legislature to strike the appropriate balance and give the terminally ill a well-regulated, responsible pathway to obtaining medication that can relieve their suffering in a manner that is safe, certain, and painless. - [1] Oregon’s Death with Dignity Act, Oregon Health Authority, https://www.oregon.gov/oha/ph/providerpartnerresources/evaluationresearch/deathwithdignityact/pages/index.aspx [2] Elissa Kozlov et al., Aggregating 23 Years of Data on Medical Aid in Dying in the United States, 70 Journal of the American Geriatrics Society 3040 (2022). https://doi.org/10.1111/jgs.17925 [3] Medical Aid in Dying Act, A.995-A, N.Y. St. Assemb. (2023), available at https://legislation.nysenate.gov/pdf/bills/2023/A995A; see also, Medical Aid in Dying Act, S.2445-A, N.Y. St. Senate (2023), available at https://legislation.nysenate.gov/pdf/bills/2023/S2445A. [4] Id. [5] Ronald A. Lindsay, Oregon’s Experience: Evaluating the Record, 9 The American Journal of Bioethics 19 (2009), https://doi.org/10.1080/15265160802654137; Christopher A. Riddle, Medical Aid in Dying: The Case of Disability, in New Directions in the Ethics of Assisted Suicide and Euthanasia 234 (Michael Cholbi & Jukka Varelius eds., 2nd ed. 2023), https://doi.org/10.1007/978-3-031-25315-7; Health Law Section: Duties, Rights & the Law at the End of Life (2019), NY ST. BAR ASSOC. (Nov. 8, 2019), https://nysba.org/products/health-law-section-duties-rights-the-law-at-the-end-of-life-2019/; Medical Aid in Dying: Hearing on A.2383-A Before the New York State Assembly Standing Committee on Health (2018) (testimony of Arthur Caplan), transcript available at https://nystateassembly.granicus.com/DocumentViewer.php?file=nystateassembly_bc5bd4afc9fd8b9021781bc9e35e15ae.pdf&view=1; Fact: Medical Aid in Dying Laws Work to Protect Patients. (n.d.). Compassion & Choices. Retrieved September 5, 2023, from https://compassionandchoices.org/resource/fact-medical-aid-in-dying-laws-work-to-protect-patients; Frequently Asked Questions. (2021, December 7). Death With Dignity. https://deathwithdignity.org/resources/faqs/. [6] Bob Joondeph, Letter from Disability Rights Oregon (DRO), Compassion & Choices (Feb. 14, 2019), https://www.compassionandchoices.org/docs/default-source/default-document-library/disability-rights-oregon-dwd-letter-2-14-19.pdf. [7] Elissa Kozlov et al., Aggregating 23 Years of Data on Medical Aid in Dying in the United States, 70 Journal of the American Geriatrics Society 3040 (2022). https://doi.org/10.1111/jgs.17925 [8] Id. [9] Medical Aid in Dying: Act 39: Patient Choice and Control at the End of Life, Vermont Ethics Network, https://vtethicsnetwork.org/palliative-and-end-of-life-care/medical-aid-in-dying-act-39 (last visited Sept. 21, 2023). [10] Gideonse v. Brown, No. 3:21-cv-01568-AC (D. Or.); Bluestein v. Scott, No. 2:22-cv-00160 (D. Vt.). [11] Govatos v. Murphy, No. 2:23-cv-12601(D.N.J.). [12] Medical associations, historically opponents of MAiD, have begun adopting neutral positions, reflecting changing attitudes of the medical community. E.g., California Medical Association removes opposition to physician aid in dying bill, California Medical Association (May 20, 2015), https://www.cmadocs.org/newsroom/news/view/ArticleId/27210/California-Medical-Association-removes-opposition-to-physician-aid-in-dying-bill; Board directs CMS to develop and distribute “End-of-Life Act” education to members, Colorado Medical Society (November 22, 2016), https://www.cms.org/articles/board-directs-cms-to-develop-and-distribute-end-of-life-act-education-to-me; Vermont Medical Society Policy on End-of-life-Care, Vermont Medical Society (2017), https://vtmd.org/client_media/files/vms_resolutions/2017End-of-Life-Care.pdf (last accessed Sept. 21, 2023); but see Physician-Assisted Suicide, AMA Code of Ethics, https://code-medical-ethics.ama-assn.org/ethics-opinions/physician-assisted-suicide. (5.7 provides opinion opposing MAiD; opinion 1.1.7 provides opinion on conscientious objection.); The American Medical Association could vote to change its stance on medical aid in dying, Death with Dignity (Nov. 10, 2023), https://deathwithdignity.org/news/2023/11/ama-could-vote-to-change-stance-on-maid/ (Update notes that the AMA did not change its stance from opposed to neutral at its November 2023 interim meeting in Baltimore, but referred the resolutions for further study). [13] Medical Aid in Dying: Hearing on A.2383-A Before the New York State Assembly Standing Committee on Health (2018) (testimony of Arthur Caplan), transcript available at https://nystateassembly.granicus.com/DocumentViewer.php?file=nystateassembly_bc5bd4afc9fd8b9021781bc9e35e15ae.pdf&view=1. [14] Id. [15] Id. [16] Id. (noting the laws in Netherlands, Belgium and Canada.); see also National Council on Disability, The danger of assisted suicide laws: Part of the Bioethics and Disability series (2019). https://ncd.gov/sites/default/files/NCD_Assisted_Suicide_Report_508.pdf. [17] Sean Riley & Ben Sarbey, The unexamined benefits of the expansive legalization of medical assistance-in-dying, 19 J. Bioethical Inquiry 4, 663 (2022) (citing Oregon Health Authority Center for Health Statistics, Oregon Death with Dignity Act: 2018 Data Summary (2019), https://www.oregon.gov/oha/PH/PROVIDERPARTNERRESOURCES/EVALUATIONRESEARCH/DEATHWITHDIGNITYACT/Documents/year21.pdf and R. Sean Morrison, et al., America’s care of serious illness: A state-by-state report card on access to palliative care in our nation’s hospitals, 14 J. Palliat. Med. 10, 1094–1096 (2011)). [18] Medical Aid in Dying Act, A.995-A, N.Y. St. Assembly. (2023), available at https://legislation.nysenate.gov/pdf/bills/2023/A995A [19] See also, Ben Colburn, Disability‐based Arguments against Assisted Dying Laws, 36 Bioethics 680 (2022) (cataloging research in multiple countries and concluding that “there is no evidence that assisted dying laws have a disproportionate effect on people with disabilities”). https://doi.org/10.1111/bioe.13036 [20] Eyder Peralta, As Planned, Right-To-Die Advocate Brittany Maynard Ends Her Life, NPR (Apr. 3, 2014), https://www.npr.org/sections/thetwo-way/2014/11/03/361094919/as-planned-right-to-die-advocate-brittany-maynard-ends-her-life (Activist Brittany Maynard moved to Oregon after she was diagnosed with a malignant brain tumor, because her home state did not permit MAiD at the time). [21] Ending life care is defined as the final stage of the end-of-life care continuum, where the patient chooses to end their life as a means to end their suffering or unacceptable quality of life. [22] Palliative sedation is defined as “the use of medications to induce decreased or absent awareness in order to relieve otherwise intractable suffering at the end of life,” and it carries a risk of hastening death. Molly L. Olsen, Keith M. Swetz & Paul S. Mueller, Ethical Decision Making With End-of-Life Care: Palliative Sedation and Withholding or Withdrawing Life-Sustaining Treatments, 85 Mayo Clin Proc 949 (2010). https://doi.org/10.4065/mcp.2010.0201 [23] E.g. Disability Rights Toolkit for Advocacy Against Legalization of Assisted Suicide, Not Dead Yet, https://notdeadyet.org/disability-rights-toolkit-for-advocacy-against-legalization-of-assisted-suicide (last visited Dec. 8, 2023) (describing palliative sedation as “a legal solution to any remaining painful and uncomfortable deaths; one that does not raise the very serious hazards of legalizing assisted suicide”); Testimony of CDR’s Kathryn Carroll, Esq. Opposing NY Assisted Suicide Bill A2383A, Not Dead Yet (Apr. 23, 2018), https://notdeadyet.org/testimony-of-cdrs-kathryn-carroll-esq-opposing-ny-assisted-suicide-bill-a2383a. [24] Voluntarily Stopping Eating and Drinking: A Compassionate, Widely-Available Option for Hastening Death, (Timothy E. Quill et al. eds., 2021). https://doi.org/10.1093/med/9780190080730.001.0001 [25] This is not to say that MAiD and VSED are ethically identical. Different writers have articulated various reasons why MAiD and VSED are meaningfully different and meaningfully similar. Here we distinguish the potential for abuse, as this is the argument that persists among MAiD opponents, For a broader discussion on the ethics of VSED and how it compares to MAiD, see Voluntarily Stopping Eating and Drinking: A Compassionate, Widely-Available Option for Hastening Death, (Timothy E. Quill et al. eds., 2021). https://doi.org/10.1093/med/9780190080730.001.0001 [26] Id.; see also David N. Hoffman and Judy Schwarz, Can Patients Choose to Stop Eating–Even If They Have Dementia–and Can Health Care Facilities Get Paid for Taking Care of Them? Ethics and Reimbursement at the End of Life (Am. Health L. Ass’n Conf. on Long Term Care and the Law 2020). [27] Health Law Section: Duties, Rights & the Law at the End of Life (2019), NY St. Bar Assoc. (Nov. 8, 2019), https://nysba.org/products/health-law-section-duties-rights-the-law-at-the-end-of-life-2019/. [28] Id. [29] CDR still does not appear to have articulated a position on VSED. CDR is a major and vocal opponent of MAiD legislation in NY with considerable resources (they state their projected 2010 budget was approximately $29,000,000). About Us, Center for Disability Rights, https://cdrnys.org/about/. [30] Vacco v. Quill, 521 U.S. 793 (1997) (holding that there is no equal protection violation when N.Y. law criminalized assisted-suicide but permitted removal of life-support systems). [31] Health Law Section: Duties, Rights & the Law at the End of Life (2019), supra note 5. [32] Id. [33] Id. [34] Ben Colburn, Disability‐based Arguments against Assisted Dying Laws, 36 Bioethics 680 (2022) (providing evidence that “that people with disabilities, and disability rights organizations, have diverse views on the question of whether assisted dying should be legal”). https://doi.org/10.1111/bioe.13036 [35] Us for Autonomy, https://www.usforautonomy.org (last visited Sep 10, 2023); see also, Kathryn L. Tucker, Building Bridges Between the Civil Rights Movements of People with Disabilities and Those with Terminal Illness, 78 U. of Pitt. L. Rev. 329 (2017) (collecting and describing amici participation by disability advocates supporting end-of-life liberty). https://doi.org/10.5195/lawreview.2017.473 [36] E.g., USA/National Public Opinion Survey, Susquehanna Polling & Research, Inc. (Feb. 2023),https://d31hzlhk6di2h5.cloudfront.net/20230307/2e/9e/21/14/d37db7887f3f349202ae6f31/Raben_Crosstabulation_Report_2023.FINAL%20(1).pdf ).

Introduction Daffodil Day, usually held in spring, raises funds for cancer awareness and research using this symbol of hope. On that day, people who donate money to this good cause are usually given a yellow daffodil pin to wear. When I lived in Auckland, New Zealand, on the last Friday in August most people walking around the city centre proudly wore a cheerful yellow flower. So many people generously participated in this initiative that one almost felt obliged to join the cause in order to wear the ‘uniform’ – the daffodil pin – as everyone else did on that day. To donate and to wear a daffodil is the social expectation, and operating in social environment people often endeavour to meet the expectation by doing the ‘appropriate things’ defined by societies or communities. After all, who does not like to receive a beam of acceptance and appreciation from a fellow daffodil bearer in Auckland’s Queen Street? States in international society are no different. In some ways, states wear ‘uniforms’ while executing domestic and foreign affairs just as human beings do within their social groups. States develop the understandings of desirable behaviour from the international community with which they interact and identify. They are ‘socialised’ to act in line with the expectations of international community. These expectations are expressed in the form of international norms, a prescriptive set of ideas about the ‘appropriate behaviour for actors with a given identity’ (Finnemore and Sikkink 891). Motivated by this logic of appropriateness, states that comply with certain international norms in world politics justify and undertake actions that are considered appropriate for their identities. This essay starts with examining how international norms can be spread to different countries through the process of ‘state socialisation’ (how the countries are ‘talked into’ wearing the ‘uniform’). Second, the essay investigates the idea of ‘cultural match’: how domestic actors comply with an international norm by interpreting and manipulating it according to their local political and legal practices (how the countries wear the ‘uniform’ differently). Lastly, the essay probes the current international normative community and the liberal values embedded in major international norms (whether states would continue wearing the ‘uniform’). International Norms and State Socialisation: Why Do States Wear the ‘Uniforms’? Norm diffusion is related to the efforts of ‘norm entrepreneurs’ using various platforms to convince a critical mass of states to embrace new norms (Finnemore and Sikkink 895-896). Early studies of norm diffusion tend to emphasise nongovernmental organisations (NGOs) as norm entrepreneurs and advocates, such as Oxfam and its goal of reducing poverty and hunger worldwide (Capie 638). In other empirical research, intergovernmental organisations (IGOs) were shown to serve as ‘norm teachers,’ such as UNESCO educating developing countries the value of science policy organisations (Finnemore 581-586). Additionally, states and other international actors can also play important roles in norm diffusion. Powerful states with more communication resources sometimes enjoy advantages in creating and promoting new norms (Florini 375). For example, the United States and Western European countries have often been considered as the major proponents of free trade. Norm emergence and state socialisation in a normative community often occurs during critical historical periods, such as wars and major economic downturns, when international changes and domestic crises often coincide with each other (Ikenberry and Kupchan 292). For instance, the norm entrepreneurs of ‘responsible power/state’ can be traced back to the great powers (mainly the United States, Great Britain, and the Soviet Union) and their management of international order at the end of WWII (see Bull). With their negotiations and series of international agreements at the Cairo, Tehran, Yalta, and Potsdam Conference in the 1940s, these great powers established a post-World War international society based on the key liberal values of international peace and security, free trade, human rights, and democracy. Human beings are not born to know what appropriate behaviour is; we learn social norms from parents, schools, peers, and other community members. International norms are collective expectations and understanding of how state governments should approach their domestic and foreign affairs. States ‘learn’ international norms while socialising with a normative community. From a sociological perspective, socialisation summarises ‘how and to what extent diverse individuals are meshed with the requirement of collective life’ at the societal level (Long and Hadden 39). It mainly consists of the process of training and shaping newcomers by the group members and the social adjustment of novices to the normative framework and the logic of appropriateness (Long and Hadden 39). Similarly, social psychology defines socialisation as the process in which ‘social organisations influence the action and experience of individuals’ (Gold and Douvan 145). Inspired by sociology and psychology, political scientists consider socialisation to be the mechanism through which norm entrepreneurs persuade other actors (usually a norm novice) to adhere to a particular prescriptive standard (Johnston, “Social State” 16). Norm entrepreneurs can change novices’ behaviour by the methods of persuasion and social influence (Johnston, “Treating International Institutions” 496-506). Socialisation sometimes demands that individual actors should comply with organisational norms by changing their interests or preferences (persuasion). Norm entrepreneurs often attempt to construct an appealing cognitive frame in order to persuade the novices (either individuals or states) to change their normative preferences or adopt new norms. They tend to use language that can ‘name, interpret and dramatise’ the issues related to the emerging norm (Finnemore and Sikkink 987). As a main persuasive device, ‘framing’ can provide a singular interpretation and appropriate behavioural response for a particular situation (Payne 39). Cognitive consistency theory found in psychology has suggested the mechanism of ‘analogy’, which indicates that actors are more likely to accept new ideas that share some similarities to the extant belief or ideas that they have already accepted (see Hybel, ch. 2). Based on this understanding, norm entrepreneurs usually frame issues in a way that can associate and resonate with the shared value of the targeted novices (Payne 43). For example, Finnemore’s research shows that when it promoted the creation of state science bureaucracies in the 1960s, UNESCO associated professional science policy-making with the appropriate role of a modern state, which was well received by the post-war developing countries in Latin America, the Middle East, and Southeast Asia (Finnemore 565-597). Socialisation can also emanate actors’ pro-norm behaviour through a cost-benefit calculation made with social rewards and punishments (social influence). A normative community can use the mechanism of back-patting and opprobrium to distribute social reward and punishment. Back-patting – ‘recognition, praise and normative support’ – is offered for a novice’s or member’s cooperative and pro-norm behaviour (Johnston, “Treating International Institutions” 503). In contrast, opprobrium associated with status denial and identity rejection can create social and psychological costs (Johnston 504). Both the reward and punishment grow in intensity with the number of co-operators (Johnston 504). A larger community can often create more criticism towards rule-breakers, and thus greatly increase the cost of disobedience. For instance, the lack of full commitment from major powers, such as China, the United States, and some other OECD countries, has arguably made global collective action towards mitigating climate change more difficult, as the cost of non-compliance is relatively low. While being in a normative environment, novice or emerging states that have not yet been socialised into the international community can respond to persuasion and social influence through the processes of identification and mimicking. Social psychology indicates that when one actor accepts persuasion or social influence based on its desire to build or maintain a ‘satisfying self-defining relationship’ to another actor, the mechanism of identification starts to work (Kelman 53). Identification among a social group can generate ‘obligatory’ behaviour, where individual states make decisions by attempting to match their perceptions of ‘who they are’ (national identity) with the expectation of the normative community (Glodgeier and Tetlock 82). After identifying with the normative community, a novice state would then mimic peer states’ pro-norm behaviour in order to be considered as a qualified member of the social group. For example, when the Chinese government was deliberating over its ratification of the Cartagena Protocol on Biosafety in 2003, a Ministry of Environmental Protection brief noted that China should ratify the Protocol as soon as possible because China had always been a country ‘keeping its word’ in international society, and non-ratification would largely ‘undermine China’s international image and reputation’ (Ministry of Environmental Protection of PRC). Despite the domestic industry’s disagreement with entering into the Protocol, the Chinese government’s self-identification as a ‘responsible state’ that performs its international promises and duties played an important role in China’s adoption of the international norm of biosafety. Domestic Salience of International Norms: How Do States Wear the ‘Uniforms’ Differently? Individual states do not accept international norms passively; instead, state governments often negotiate and interact with domestic actors, such as major industries and interest groups, whose actions and understandings in turn impact on how the norm is understood and implemented. This in turn feeds back to the larger normative community and creates variations of those norms. There are three main factors that can contribute to the domestic salience of an international norm. First, as the norm-takers, domestic actors can decide whether and to what extent an international norm can enter the domestic agenda and how it will be implemented in policy-making. These actors tend to favour an international norm that can justify their political and social programs and promote their interests in domestic policy debates (Cortell and Davis, “How Do International Institutions Matter?” 453). By advocating the existence and adoption of an international norm, domestic actors attempt to enhance the legitimacy and authority of their current policy or institution (Acharya, “How Ideas Spread” 248). Political elites can strengthen state legitimacy by complying with an international norm in their policy-making, and consequently obtain international approval with reputation, trust, and credibility as social benefits in the international community (Finnemore and Sikkink 903). For example, when the UN General Assembly adopted the Declaration on the Rights of Indigenous Peoples (UNDRIP), only four states – Australia, Canada, New Zealand, and the United States – voted against the Declaration. They argued that their constitutional and national policies were sufficiently responsive to the type of Indigenous self-determination envisioned by UNDRIP. Nevertheless, given the opprobrium directed against these states by the international community, and their well-organised Indigenous populations, the four state leaders recognised the value of supporting UNDRIP. Subsequently all four states adopted the Declaration, but in each instance state leaders observed UNDRIP’s ‘aspirational’ rather than legal status; UNDRIP was a statement of values that these states’ policies should seek to incorporate into their domestic Indigenous law. Second, the various cultural, political, and institutional strategies of domestic actors can influence the effectiveness of norm empowerment. Political rhetoric and political institutions are usually created and used to promote a norm domestically. Both state and societal leaders can make the performative speech act of an international norm work and raise its importance in a national context by repeated declarations on the legitimacy and obligations brought by the norm (Cortell and Davis, “Understanding the Domestic Impact” 76). Moreover, domestic actors can also develop or modify political institutions to incorporate an international norm into the domestic bureaucratic or legal system (Cortell and Davis, “Understanding the Domestic Impact” 76). These institutions provide rules for domestic actors and articulate their rights and obligations, which transforms the international norm’s legitimacy and authority into local practices. For example, the New Zealand Government adopted a non-nuclear policy in the 1980s. This policy arose from the non-nuclear movement that was leading the development of the Raratonga Treaty (South Pacific Nuclear Free Zone) and peace and Green party movements across Europe who sought to de-nuclearise the European continent. The Lange Labour Government’s 1984 adoption of an NZ anti-nuclear policy gained impetus because of these larger norm movements, and these movements in turn recognised the normative importance of a smaller power in international relations. Third, the characteristics of the international norm can also impact on the likelihood that the norm will be accepted by domestic actors. A ‘cultural match’ between international norm and local values can facilitate norm diffusion to domestic level. Sociologists suggest that norm diffusion is more likely to be successful if the norm is congruent with the prior values and practices of the norm-taker (Acharya, “Asian Regional Institutions” 14). Norm diffusion tends to be more efficient when there is a high degree of cultural match such that the global norm resonates with the target country’s domestic values, beliefs or understandings, which in turn can be reflected in national discourse, as well as the legal and bureaucratic system (Checkel 87; Cortell and Davis, “Understanding the Domestic Impact” 73). With such cultural consistency, domestic actors are more likely to accept an international norm and treat it as a given or as ‘matter-of-fact’ (Cortell and Davis, “Understanding the Domestic Impact” 74). Cultural match in norm localisation explains why identical or similar international socialisation processes can lead to quite different local developments and variations of international norms. The debate between universal human rights and the ‘Asian values’ of human rights is an example where some Asian states, such as Singapore and China, prioritise citizen’s economic rights over social and political rights and embrace collective rights instead of individual rights. Cultural match can also explain why one country may easily accept a certain international norm, or some aspect of one particular norm, while rejecting others. For example, when Taiwanese and Japanese governments adapted the United Nations Declaration on the Rights of Indigenous Peoples into their local political and legal practice, various cultural aspects of Indigenous rights have been more thoroughly implemented compared to indigenous economic and political rights (Gao et al. 60-65). In some extreme cases, the norm entrepreneurs even attempt to change the local culture of norm recipients to create a better cultural match for norm localisation. For example, when it tried to socialise India into its colonial system in the early nineteenth century, Britain successfully shaped the evolution of Indian political culture by adding British values and practices into India’s social, political, and judicial system (Ikenberry and Kupchan 307-309). The International Normative Community: Would States Continue Wearing ‘Uniforms’? International norms evolve. Not every international norm can survive and sustain. For example, while imperialism and colonial expansion, where various European states explored, conquered, settled, and exploited other parts of the world, was a widely accepted idea and practice in the nineteenth century, state sovereignty, equality, and individual rights have replaced imperialism and become the prevailing norms in international society today. The meanings of the same international norm can evolve as well. The Great Powers first established the post-war international norms of ‘state responsibility’ based on the idea of sovereign equality and non-intervention of domestic affairs. However, the 1980s saw the emergence of many international organisations, which built new standards and offered new meanings for a responsible state in international society: a responsible state must actively participate in international organisations and comply with international regimes. In the post-Cold War era, international society has paid more attention to states’ responsibility to offer global common goods and to promote the values of human rights and democracy. This shift of focus has changed the international expectation of state responsibility again to embrace collective goods and global values (Foot, “Chinese Power” 3-11). In addition to the nature and evolution of international norms, the unity and strength of the normative community can also affect states’ compliance with the norms. The growing size of the community group or the number of other cooperatives can amplify the effect of socialisation (Johnston, “Treating International Institutions” 503-506). In other words, individual states are often more concerned about their national image, reputation and identity regarding norm compliance when a critical mass of states have already subscribed into the international norm. How much could this critical mass be? Finnemore and Sikkink suggest that international norms reach the threshold global acceptance when the norm entrepreneurs have persuaded at least one third of all states to adopt the new norm (901). The veto record of the United Nation Security Council (UNSC) shows this impact. China, for example, has cast a UNSC veto vote 17 times as of 2022, but it has rarely excised its veto power alone (Security Council Report). For instance, though being sceptical of the notion of ‘Responsibility to Protect’, which prioritises human right over state sovereignty, China did not veto Resolution 1973 (2011) regarding the Libyan civil war. The Resolution allowed the international society to take ‘all necessary measure to protect civilians’ from a failed state government, and it received wide support among UNSC members (no negative votes from the other 14 members). Moreover, states are not entirely equal in terms of their ‘normative weight’. When Great Powers act as norm entrepreneurs, they can usually utilise their wealth and influence to better socialise other norm novice states. In the history of promoting biological diversity norms which are embedded in the Convention on Biological Diversity (CBD), the OECD countries, especially France, UK, Germany, and Japan, have been regarded as normative leaders. French and Japanese political leaders employed normative language (such as ‘need’ and ‘must’) in various international forums to promote the norms and to highlight their normative commitment (see e.g. Chirac; Kan). Additionally, both governments provided financial assistance for developing countries to adopt the biodiversity norms. In the 2011 annual review of CBD, Japan reaffirmed its US$12 million contribution to assisting developing countries (Secretariat of the Convention on Biological Diversity 9). France joined Japan’s commitment by announcing a financial contribution of €1 million along, with some additional funding from Norway and Switzerland (Secretariat of the Convention on Biological Diversity 9). Today, biological diversity has been one of the most widely accepted international environmental norms, which 196 states/nations have ratified (United Nations). While Great Powers can make more substantial contributions to norm diffusion compared to many smaller powers with limited state capacity, Great Powers’ non-compliance with the normative ‘uniform’ can also significantly undermine the international norms’ validity and the normative community’s unity and reputation. The current normative community of climate change is hardly a unified one, as it is characterised by a low degree of consensus. Major industrial countries, such as the United States, Canada, and Australia, have not yet reached an agreement concerning their individual responsibilities for reducing greenhouse emissions. This lack of agreement, which includes the amount of cuts, the feasibility and usefulness of such cuts, and the relative sharing of cuts across various states, is complicated by the fact that large developing countries, such as China, Brazil, and India, also hold different opinions towards climate change regimes (see Vidal et al.). Experts heavily criticised the major global powers, such as the European Union and the United States, for their lack of ambition in phasing out fossil fuels during the 2022 climate summit in Egypt (COP27; Ehsan et al.). In international trade, both China and the United States are among the leading powers because of their large trade volume, capacity, and transnational network; however, both countries have recently undermined the world trade system and norms. China took punitive measures against Australian export products after Australia’s Covid-19 inquiry request at the World Health Organisation. The United States, particularly under the Trump Administration, invoked the WTO national security exception in Article XXI of the General Agreement on Tariffs and Trade (GATT) to justify its tariffs on steel and aluminium. Lastly, norm diffusion and socialisation can be a ‘two-way path,’ especially when the norm novice state is a powerful and influential state in the international system. In this case, the novices are not merely assimilated into the group, but can also successfully exert some influence on other group members and affect intra-group relations (Moreland 1174). As such, the novices can be both targets of socialisation and active agents who can shape the content and outcome of socialisation processes (Pu 344). The influence from the novices can create normative contestation and thus influence the norm evolution (Thies 547). In other words, novice states can influence international society and shape the international norm during the socialisation process. For example, the ‘ASEAN Way’ is a set of norms that regulate member states’ relationships within the Association of Southeast Asian Nations (ASEAN). It establishes a diplomatic and security culture characterised by informality, consultation, and dialogue, and consensus-building in decision-making processes (Caballero-Anthony). From its interaction with ASEAN, China has been socialised into the ‘ASEAN Way’ (Ba 157-159). Nevertheless, China’s relations with the ASEAN Regional Forum (ARF) also suggest that there exists a ‘feedback’ process between China and ARF which resulted in institutional changes in ARF to accommodate China’s response (Johnston, “The Myth of the ASEAN Way?” 291). For another example, while the Western powers generally promote the norm of ‘shared responsibility’ in global environment regimes, the emerging economies, such as the BRICS countries (Brazil, Russia, India, China, and South Africa), have responded to the normative engagement and proposed a ‘Common but Differentiated Responsibilities’ regime where the developing countries shoulder less international obligations. Similarly, the Western-led norm of ‘Responsibility to Protect’, which justifies international humanitarian intervention, has received much resistance from the countries that only adhere to the conventional international rules regarding state sovereignty rights and non-intervention to domestic affairs. Conclusion International norms are shared expectations about what constitutes appropriate state behaviour. They are the ‘uniforms’ for individual states to wear when operating at the international level. States comply with international norms in order to affirm their preferred national identities as well as to gain social acceptance and reputation in the normative community. When the normative community is united and sizable, states tend to receive more social pressure to consistently wear these normative uniforms – be they the Geneva Conventions or nuclear non-proliferation. Nevertheless, in the post-pandemic world where liberal values, such as individual rights and rule of law, face significant challenges and democracies are in decline, the future success of the global normative community may be at risk. Great Powers are especially responsible for the survival and sustainability of international norms. The United States under President Trump adopted a nationalist ‘America First’ security agenda: alienating traditional allies, befriending authoritarian regimes previously shunned, and rejecting multilateralism as the foundation of the post-war global order. While the West has been criticised of failing to live up to its declared values, and has suffered its own loss of confidence in the liberal model, the rising powers have offered their alternative version of the world system. Instead of merely adapting to the Western-led global norms, China has created new institutions, such as the Belt and Road Initiatives, to promote its own preferred values, and has reshaped the global order where it deems the norms undesirable (Foot, “Chinese Power in a Changing World Order” 7). Great Power participation has reshaped the landscape of global normative community, and sadly not always in positive ways. Umberto Eco lamented the disappearance of the beauty of the past in his novel The Name of the Rose: ‘stat rosa pristina nomine, nomina nuda tenemus’ ('yesterday’s rose endures in its name, we hold empty names'; Eco 538). If the international community does not want to witness an era where global norms and universal values are reduced to nominalist symbols, it must renew and reinvigorate its commitment to global values, such as human rights and democracy. It must consider wearing these uniforms again, properly. References Acharya, Amitav. “How Ideas Spread: Whose Norms Matter? Norm Localisation and Institutional Change in Asian Regionalism.” International Organisations 58.2 (2004): 239-275. Acharya, Amitav. “Asian Regional Institutions and the Possibilities for Socializing the Behavior of States.” Asian Development Bank Working Paper Series on Regional Economic Integration 82 (June 2011). Ba, Alice D. “Who’s Socializing Who? Complex Engagement in Sino-ASEAN Relations.” The Pacific Review 19.2 (2006): 157-179. Hedley Bull. The Anarchical Society: A Study of Order in World Politics. New York: Palgrave, 2002. Caballero-Anthony, Mely. “The ASEAN Way and The Changing Security Environment: Navigating Challenges to Informality and Centrality.” International Politics, June 2022. Capie, David. “Localization as Resistance: The Contested Diffusion of Small Arms Norms in Southeast Asia.” Security Dialogue 36.6 (2008): 637–658. Checkel, Jeffrey T. “Norms, Institutions, and National Identity in Contemporary Europe.” International Studies Quarterly 43.1 (1999): 83-114. Chirac, Jacques. Statement by the President of the French Republic to the International Conference on ‘Biodiversity: Science and Governance’, UNESCO, 24-28 Jan. 2005. <https://cbd.int/kb/record/statement/9026?RecordType=statement>. Cortell, Andrew P., and James W. Davis, Jr. “How Do International Institutions Matter? The Domestic Impact of Intentional Rules and Norms.” International Studies Quarterly 40.4 (1996): 451-478. Cortell, Andrew P., and James W. Davis, Jr. “Understanding the Domestic Impact of International Norms: A Research Agenda.” International Studies Review 2.1 (2000): 65-87. Eco, Umberto. The Name of the Rose. London: Penguin, 2014. Finnemore, Martha, and Kathryn Sikkink. “International Norm Dynamics and Political Change.” International Organization 52.4 (1998): 887-917. Finnemore, Martha. “International Organizations as Teachers of Norms: The United Nations Educational, Scientific, and Cultural Organization and Science Policy.” International Organization 47.4 (1993): 565-597. Florini, Ann. “The Evolution of International Norms.” International Studies Quarterly 40.3 (1996): 363-389. Foot, Rosemary. “Chinese Power and the Idea of a Responsible State.” The China Journal 45 (2001): 1-19. ———. “Chinese Power and the Idea of a Responsible State in a Changing World Order.” The Centre of Gravity Series, Australian National University, Feb. 2018. Gao, Xiang, et. al. “The Legal Recognition of Indigenous Interests in Japan and Taiwan.” Asia Pacific Law Review 24.1: 60-82. Glodgeier, James M., and Philip E. Tetlock. “Psychology and International Relations Theory.” Annual Review of Political Science 4 (2001): 67-92. Gold, Martin, and Elizabeth Douvan. A New Outline of Social Psychology. Washington, DC: American Psychological Association, 1997. Hybel, Alex R. How Leaders Reason: U.S. Intervention in the Caribbean Basin and Latin America. Oxford: Basil Blackwell, 1990. Ikenberry, Gilford J., and Charles A. Kupchan. “Socialization and Hegemonic Power.” International Organization 44.3 (1990): 283-315. Johnston, Alastair I. “The Myth of the ASEAN Way? Explaining the Evolution of the ASEAN Regional Forum.” Imperfect Unions: Security Institutions over Time and Space. Eds. Helga Haftendorn, Robert O. Keohane, and Celeste A. Wallander. Oxford: Oxford UP, 1999. 287-324. ———. “Treating International Institutions as Social Environments.” International Studies Quarterly 45.4 (2001): 487–515. ———. Social States: China in International Institution, 1980-2000. Princeton: Princeton UP, 2008. Kan, Naoto. Statement by the Prime Minister of Japan at the opening of the High Level Segment of the Tenth Meeting of the Conference of Parties to the Convention on Biological Diversity, Ministry of Foreign Affairs of Japan, 27 Oct. 2010. <https://www.mofa.go.jp/announce/pm/kan/address101027.html>. Kelman, Herbert C. “Compliance, Identification and Internalisation: Three Processes of Attitude Change.” Journal of Conflict Resolution 2.1 (1958): 51-60. Long, Theodore E., and Jeffrey K. Hadden. “A Preconception of Socialization.” Sociological Theory 3.1 (1985): 39-49. Masood, Ehsan, et al. “COP27 Climate Talks: What Succeeded, What Failed and What’s Next.” Nature 29 Nov. 2022. <https://www.nature.com/articles/d41586-022-03807-0>. Ministry of Environmental Protection of the People’s Republic of China. Shewu duoyangxing lvyue jianbao 生物多样性履约简报 [Brief of Implementing Convention on Biological Diversity] 4 (2003). Moreland, Richard L. “Social Categorization and the Assimilation of ‘New’ Group Members.” Journal of Personality and Social Psychology 48.5 (1985): 1173-1190. Payne, Rodger A. “Persuasion, Frames and Norm Construction.” European Journal of International Relations 7.1 (2001): 37-61. Pu, Xiaoyu. “Socialisation as a Two-way Process: Emerging Powers and the Diffusion of International Norms.” The Chinese Journal of International Politics 5.4 (2012): 341-367. Secretariat of the Convention on Biological Diversity. The Convention on Biological Diversity: Year in Review 2011. 2011 <https://www.cbd.int/doc/reports/cbd-report-2011-en.pdf>. Secrity Council Report. "The Veto." 16 Dec. 2020. <https://www.securitycouncilreport.org/un-security-council-working-methods/the-veto.php>. Thies, Cameron G. “Sense and Sensibility in the Study of State Socialisation: A Reply to Kai Alderson.” Review of International Studies 29.4 (2003): 543-550. United Nations. “Convention on Biological Diversity, Key International Instrument for Sustainable Development.” <https://www.un.org/en/observances/biological-diversity-day/convention>. Vidal, John, Allegra Stratton, and Suzanne Goldenberg. “Low Targets, Goals Dropped: Copenhagen Ends in Failure.” The Guardian, 19 Dec. 2009. <http://www.theguardian.com/environment/2009/dec/18/copenhagen-deal>.

Image 1: “Oklahoma State Highway Re-imagined.” CC BY-SA 4.0 2015 by author, using Wikimedia image by Ks0stm (CC BY-SA 3 2013). Introduction This article is divided in three major parts. First a scenario, second its context, and third, an analysis. The text draws on ethnographic research on security practices in the United States among police and parts of the intelligence community from 2006 through to the beginning of 2014. Real names are used when the material is drawn from archival sources, while individuals who were interviewed during fieldwork are referred to by their position rank or title. For matters of fact not otherwise referenced, see the sources compiled on “The Complete 911 Timeline” at History Commons. First, a scenario. Oklahoma, 2001 It is 1 April 2001, in far western Oklahoma, warm beneath the late afternoon sun. Highway Patrol Trooper C.L. Parkins is about 80 kilometres from the border of Texas, watching trucks and cars speed along Interstate 40. The speed limit is around 110 kilometres per hour, and just then, his radar clocks a blue Toyota Corolla going 135 kph. The driver is not wearing a seatbelt. Trooper Parkins swung in behind the vehicle, and after a while signalled that the car should pull over. The driver was dark-haired and short; in Parkins’s memory, he spoke English without any problem. He asked the man to come sit in the patrol car while he did a series of routine checks—to see if the vehicle was stolen, if there were warrants out for his arrest, if his license was valid. Parkins said, “I visited with him a little bit but I just barely remember even having him in my car. You stop so many people that if […] you don't arrest them or anything […] you don't remember too much after a couple months” (Clay and Ellis). Nawaf Al Hazmi had a valid California driver’s license, with an address in San Diego, and the car’s registration had been legally transferred to him by his former roommate. Parkins’s inquiries to the National Crime Information Center returned no warnings, nor did anything seem odd in their interaction. So the officer wrote Al Hazmi two tickets totalling $138, one for speeding and one for failure to use a seat belt, and told him to be on his way. Al Hazmi, for his part, was crossing the country to a new apartment in a Virginia suburb of Washington, DC, and upon arrival he mailed the payment for his tickets to the county court clerk in Oklahoma. Over the next five months, he lived several places on the East Coast: going to the gym, making routine purchases, and taking a few trips that included Las Vegas and Florida. He had a couple more encounters with local law enforcement and these too were unremarkable. On 1 May 2001 he was mugged, and promptly notified the police, who documented the incident with his name and local address (Federal Bureau of Investigation, 139). At the end of June, having moved to New Jersey, he was involved in a minor traffic accident on the George Washington Bridge, and officers again recorded his real name and details of the incident. In July, Khalid Al Mihdhar, the previous owner of the car, returned from abroad, and joined Al Hazmi in New Jersey. The two were boyhood friends, and they went together to a library several times to look up travel information, and then, with Al Hazmi’s younger brother Selem, to book their final flight. On 11 September, the three boarded American Airlines flight 77 as part of the Al Qaeda team that flew the mid-sized jet into the west façade of the Pentagon. They died along with the piloting hijacker, all the passengers, and 125 people on the ground. Theirs was one of four airplanes hijacked that day, one of which was crashed by passengers, the others into significant sites of American power, by men who had been living for varying lengths of time all but unnoticed in the United States. No one thought that Trooper Parkins, or the other officers with whom the 9/11 hijackers crossed paths, should have acted differently. The Commissioner of the Oklahoma Department of Public Safety himself commented that the trooper “did the right thing” at that April traffic stop. And yet, interviewed by a local newspaper in January of 2002, Parkins mused to the reporter “it's difficult sometimes to think back and go: 'What if you had known something else?'" (Clay and Ellis). Missed Opportunities Image 2: “Hijackers Timeline (Redacted).” CC BY-SA 4.0 2015 by author, using the Federal Bureau of Investigation (FBI)’s “Working Draft Chronology of Events for Hijackers and Associates”. In fact, several of the men who would become the 9/11 hijackers were stopped for minor traffic violations. Mohamed Atta, usually pointed to as the ringleader, was given a citation in Florida that spring of 2001 for driving without a license. When he missed his court date, a bench warrant was issued (Wall Street Journal). Perhaps the warrant was not flagged properly, however, since nothing happened when he was pulled over again, for speeding. In the government inquiries that followed attack, and in the press, these brushes with the law were “missed opportunities” to thwart the 9/11 plot (Kean and Hamilton, Report 353). Among a certain set of career law enforcement personnel, particularly those active in management and police associations, these missed opportunities were fraught with a sense of personal failure. Yet, in short order, they were to become a source of professional revelation. The scenarios—Trooper Parkins and Al Hazmi, other encounters in other states, the general fact that there had been chance meetings between police officers and the hijackers—were re-imagined in the aftermath of 9/11. Those moments were returned to and reversed, so that multiple potentialities could be seen, beyond or in addition to what had taken place. The deputy director of an intelligence fusion centre told me in an interview, “it is always a local cop who saw something” and he replayed how the incidents of contact had unfolded with the men. These scenarios offered a way to recapture the past. In the uncertainty of every encounter, whether a traffic stop or questioning someone taking photos of a landmark (and potential terrorist target), was also potential. Through a process of re-imagining, police encounters with the public became part of the government’s “national intelligence” strategy. Previously a division had been marked between foreign and domestic intelligence. While the phrase “national intelligence” had long been used, notably in National Intelligence Estimates, after 9/11 it became more significant. The overall director of the US intelligence community became the Director National Intelligence, for instance, and the cohesive term marked the way that increasingly diverse institutional components, types of data and forms of action were evolving to address the collection of data and intelligence production (McConnell). In a series of working groups mobilised by members of major police professional organisations, and funded by the US Department of Justice, career officers and representatives from federal agencies produced detailed recommendations and plans for involving police in the new Information Sharing Environment. Among the plans drawn up during this period was what would eventually come to be the Nationwide Suspicious Activity Reporting Initiative, built principally around the idea of encounters such as the one between Parkins and Al Hazmi. Map 1: Map of pilot sites in the Nationwide Suspicious Activity Reporting Evaluation Environment in 2010 (courtesy of the author; no longer available online). Map 2: Map of participating sites in the Nationwide Suspicious Activity Reporting Initiative, as of 2014. In an interview, a fusion centre director who participated in this planning as well as its implementation, told me that his thought had been, “if we train state and local cops to understand pre-terrorism indicators, if we train them to be more curious, and to question more what they see,” this could feed into “a system where they could actually get that information to somebody where it matters.” In devising the reporting initiative, the working groups counter-actualised the scenarios of those encounters, and the kinds of larger plots to which they were understood to belong, in order to extract a set of concepts: categories of suspicious “activities” or “patterns of behaviour” corresponding to the phases of a terrorism event in the process of becoming (Deleuze, Negotiations). This conceptualisation of terrorism was standardised, so that it could be taught, and applied, in discerning and documenting the incidents comprising an event’s phases. In police officer training, the various suspicious behaviours were called “terrorism precursor activities” and were divided between criminal and non-criminal. “Functional Standards,” developed by the Los Angeles Police Department and then tested by the Department of Homeland Security (DHS), served to code the observed behaviours for sharing (via compatible communication protocols) up the federal hierarchy and also horizontally between states and regions. In the popular parlance of videos made for the public by local police departments and DHS, which would come to populate the internet within a few years, these categories were “signs of terrorism,” more specifically: surveillance, eliciting information, testing security, and so on. Image 3: “The Seven Signs of Terrorism (sometimes eight).” CC BY-SA 4.0 2015 by author, using materials in the public domain. If the problem of 9/11 had been that the men who would become hijackers had gone unnoticed, the basic idea of the Suspicious Activity Reporting Initiative was to create a mechanism through which the eyes and ears of everyone could contribute to their detection. In this vein, “If You See Something, Say Something™” was a campaign that originated with the New York City Metropolitan Transportation Authority, and was then licensed for use to DHS. The tips and leads such campaigns generated, together with the reports from officers on suspicious incidents that might have to do with terrorism, were coordinated in the Information Sharing Environment. Drawing on reports thus generated, the Federal Government would, in theory, communicate timely information on security threats to law enforcement so that they would be better able to discern the incidents to be reported. The cycle aimed to catch events in emergence, in a distinctively anticipatory strategy of counterterrorism (Stalcup). Re-imagination A curious fact emerges from this history, and it is key to understanding how this initiative developed. That is, there was nothing suspicious in the encounters. The soon-to-be terrorists’ licenses were up-to-date, the cars were legal, they were not nervous. Even Mohamed Atta’s warrant would have resulted in nothing more than a fine. It is not self-evident, given these facts, how a governmental technology came to be designed from these scenarios. How––if nothing seemed of immediate concern, if there had been nothing suspicious to discern––did an intelligence strategy come to be assembled around such encounters? Evidently, strident demands were made after the events of 9/11 to know, “what went wrong?” Policies were crafted and implemented according to the answers given: it was too easy to obtain identification, or to enter and stay in the country, or to buy airplane tickets and fly. But the trooper’s question, the reader will recall, was somewhat different. He had said, “It’s difficult sometimes to think back and go: ‘What if you had known something else?’” To ask “what if you had known something else?” is also to ask what else might have been. Janet Roitman shows that identifying a crisis tends to implicate precisely the question of what went wrong. Crisis, and its critique, take up history as a series of right and wrong turns, bad choices made between existing dichotomies (90): liberty-security, security-privacy, ordinary-suspicious. It is to say, what were the possibilities and how could we have selected the correct one? Such questions seek to retrospectively uncover latencies—systemic or structural, human error or a moral lapse (71)—but they ask of those latencies what false understanding of the enemy, of threat, of priorities, allowed a terrible thing to happen. “What if…?” instead turns to the virtuality hidden in history, through which missed opportunities can be re-imagined. Image 4: “The Cholmondeley Sisters and Their Swaddled Babies.” Anonymous, c. 1600-1610 (British School, 17th century); Deleuze and Parnet (150). CC BY-SA 4.0 2015 by author, using materials in the public domain. Gilles Deleuze, speaking with Claire Parnet, says, “memory is not an actual image which forms after the object has been perceived, but a virtual image coexisting with the actual perception of the object” (150). Re-imagined scenarios take up the potential of memory, so that as the trooper’s traffic stop was revisited, it also became a way of imagining what else might have been. As Immanuel Kant, among others, points out, “the productive power of imagination is […] not exactly creative, for it is not capable of producing a sense representation that was never given to our faculty of sense; one can always furnish evidence of the material of its ideas” (61). The “memory” of these encounters provided the material for re-imagining them, and thereby re-virtualising history. This was different than other governmental responses, such as examining past events in order to assess the probable risk of their repetition, or drawing on past events to imagine future scenarios, for use in exercises that identify vulnerabilities and remedy deficiencies (Anderson). Re-imagining scenarios of police-hijacker encounters through the question of “what if?” evoked what Erin Manning calls “a certain array of recognizable elastic points” (39), through which options for other movements were invented. The Suspicious Activity Reporting Initiative’s architects instrumentalised such moments as they designed new governmental entities and programs to anticipate terrorism. For each element of the encounter, an aspect of the initiative was developed: training, functional standards, a way to (hypothetically) get real-time information about threats. Suspicion was identified as a key affect, one which, if cultivated, could offer a way to effectively deal not with binary right or wrong possibilities, but with the potential which lies nestled in uncertainty. The “signs of terrorism” (that is, categories of “terrorism precursor activities”) served to maximise receptivity to encounters. Indeed, it can apparently create an oversensitivity, manifested, for example, in police surveillance of innocent people exercising their right to assemble (Madigan), or the confiscation of photographers’s equipment (Simon). “What went wrong?” and “what if?” were different interrogations of the same pre-9/11 incidents. The questions are of course intimately related. Moments where something went wrong are when one is likely to ask, what else might have been known? Moreover, what else might have been? The answers to each question informed and shaped the other, as re-imagined scenarios became the means of extracting categories of suspicious activities and patterns of behaviour that comprise the phases of an event in becoming. Conclusion The 9/11 Commission, after two years of investigation into the causes of the disastrous day, reported that “the most important failure was one of imagination” (Kean and Hamilton, Summary). The iconic images of 9/11––such as airplanes being flown into symbols of American power––already existed, in guises ranging from fictive thrillers to the infamous FBI field memo sent to headquarters on Arab men learning to fly, but not land. In 1974 there had already been an actual (failed) attempt to steal a plane and kill the president by crashing it into the White House (Kean and Hamilton, Report Ch11 n21). The threats had been imagined, as Pat O’Malley and Philip Bougen put it, but not how to govern them, and because the ways to address those threats had been not imagined, they were discounted as matters for intervention (29). O’Malley and Bougen argue that one effect of 9/11, and the general rise of incalculable insecurities, was to make it necessary for the “merely imaginable” to become governable. Images of threats from the mundane to the extreme had to be conjured, and then imagination applied again, to devise ways to render them amenable to calculation, minimisation or elimination. In the words of the 9/11 Commission, the Government must bureaucratise imagination. There is a sense in which this led to more of the same. Re-imagining the early encounters reinforced expectations for officers to do what they already do, that is, to be on the lookout for suspicious behaviours. Yet, the images of threat brought forth, in their mixing of memory and an elastic “almost,” generated their own momentum and distinctive demands. Existing capacities, such as suspicion, were re-shaped and elaborated into specific forms of security governance. The question of “what if?” and the scenarios of police-hijacker encounter were particularly potent equipment for this re-imagining of history and its re-virtualisation. References Anderson, Ben. “Preemption, Precaution, Preparedness: Anticipatory Action and Future Geographies.” Progress in Human Geography 34.6 (2010): 777-98. Clay, Nolan, and Randy Ellis. “Terrorist Ticketed Last Year on I-40.” NewsOK, 20 Jan. 2002. 25 Nov. 2014 ‹http://newsok.com/article/2779124›. Deleuze, Gilles. Negotiations. New York: Columbia UP, 1995. Deleuze, Gilles, and Claire Parnet. Dialogues II. New York: Columbia UP 2007 [1977]. Federal Bureau of Investigation. “Hijackers Timeline (Redacted) Part 01 of 02.” Working Draft Chronology of Events for Hijackers and Associates. 2003. 18 Apr. 2014 ‹https://vault.fbi.gov/9-11%20Commission%20Report/9-11-chronology-part-01-of-02›. Kant, Immanuel. Anthropology from a Pragmatic Point of View. Trans. Robert B. Louden. Cambridge: Cambridge UP, 2006. Kean, Thomas H., and Lee Hamilton. Executive Summary of the 9/11 Commission Report: Final Report of the National Commission on Terrorist Attacks upon the United States. 25 Oct. 2015 ‹http://www.9-11commission.gov/report/911Report_Exec.htm›. Kean, Thomas H., and Lee Hamilton. The 9/11 Commission Report: Final Report of the National Commission on Terrorist Attacks upon the United States. New York: W.W. Norton, 2004. McConnell, Mike. “Overhauling Intelligence.” Foreign Affairs, July/Aug. 2007. Madigan, Nick. “Spying Uncovered.” Baltimore Sun 18 Jul. 2008. 25 Oct. 2015 ‹http://www.baltimoresun.com/news/maryland/bal-te.md.spy18jul18-story.html›. Manning, Erin. Relationscapes: Movement, Art, Philosophy. Cambridge, MA: MIT P, 2009. O’Malley, P., and P. Bougen. “Imaginable Insecurities: Imagination, Routinisation and the Government of Uncertainty post 9/11.” Imaginary Penalities. Ed. Pat Carlen. Cullompton, UK: Willan, 2008.Roitman, Janet. Anti-Crisis. Durham, NC: Duke UP, 2013. Simon, Stephanie. “Suspicious Encounters: Ordinary Preemption and the Securitization of Photography.” Security Dialogue 43.2 (2012): 157-73. Stalcup, Meg. “Policing Uncertainty: On Suspicious Activity Reporting.” Modes of Uncertainty: Anthropological Cases. Eds. Limor Saminian-Darash and Paul Rabinow. Chicago: U of Chicago P, 2015. 69-87. Wall Street Journal. “A Careful Sequence of Mundane Dealings Sows a Day of Bloody Terror for Hijackers.” 16 Oct. 2001.

Introduction The term monster might have its roots in the Latin word monere (to warn), but it has since evolved to have various symbolic meanings, from a terrifying mythical creature to a person of extreme cruelty. No matter the flexibility in use, the term is mostly meant to be derogatory (Asma). As Gilmore puts it, monsters “embody all that is dangerous and horrible in the human imagination” (1). However, it may be argued that monsters sometimes perform the much-needed work of defining and policing our norms (Mittman and Hensel). Since their archetype is predisposed to transgressing boundaries of human integrity (Gilmore), they help establish deviation between human and in-human. Their cognition and action are considered ‘other’ (Kearney) and a means with which people can understand what is right and wrong, and what is divergent from appropriate ways of being. The term monster need not even refer to the werewolves, ogres, vampires, zombies and the like that strike fear in audiences through their ‘immoral, heinous or unjust’ appearance or behaviours. Rather, the term monster can be, and has been, readily applied as a metaphor to describe the unthinkable, unethical, and brutal actions of human beings (Beville 5). Inadvertently, “through their bodies, words, and deeds, monsters show us ourselves” (Mittman and Hensel 2), or what we consider monstrous about ourselves. Therefore, humans acting in ways that deviate from societal norms and standards can be viewed as monstrous. This is evident in the representations of public relations practitioners in media offerings. In the practice of public relations, ethical standards are advocated as the norm, and deviating from them considered unprofessional (Fawkes), and as we contend: monstrous. However, the practice has long suffered a negative stereotypical perception of being deceptive, and with public relations roles receiving less screen time than shows and films about lawyers, accountants, teachers and the like, these few derogatory depictions can distort how audiences view the occupation (Johnston). Depictions of professions (lawyers, cops, journalists, etc.) tend to be cliché, but our contention is that fewer depictions of public relations practitioners on screen further limit the possibility for diverse depictions. The media can have a socialising impact and can influence audiences to view the content they consume as a reflection of the real world around them (Chandler). Television, in particular, with its capacity to prompt heuristic processing in audiences (Shurm), has messages that can be easily decoded by people of various literacies as they become immersed in the viewing experiences (Gerbner and Gross). These messages gain potency because, despite being set in fictional worlds, they can be understood as reflective of the world and audiences’ experiences of it (Gerbner and Gross). Tsetsura, Bentley, and Newcomb add that popular stories recounted in the media have authoritative power and can offer patterns of meaning that shape individual perceptions. Admittedly, as Stuart Hall suggests, media offerings can be encoded with ideologies and representations that are considered appropriate according to the dominant elite, but these may not necessarily be decoded as preferred meanings. In other words, those exposed to stories of monstrous public relations practitioners can agree with such a position, oppose this viewpoint, or remain neutral, but this is dependent on individual experiences. Without other frames of reference, it could be that viewers of negative portrayals of public relations accept the encoded representation that inevitably does a disservice to the profession. When the representations of the field of public relations suggest, inaccurately, that the industry is dominated by men (Johnston), and women practitioners are shown as slick dressers who control and care little about ethics (Dennison), the distortions can adversely impact on the identities of public relations practitioners and on how they are collectively viewed (Tsetsura et al.). Public relations practitioners view this portrayal as the ‘other’ and tend to distance the ideal self from it, continuing to be stuck in the dichotomy of saints and sinners (Fawkes). Our observation of television offerings such as Scandal, Flack, Call My Agent!, Absolutely Fabulous, Sex and the City, You’re the Worst, and Emily in Paris reveals how television programmes continue to perpetuate the negative stereotypes about public relations practice, where practitioners are anything but ethical—therefore monstrous. The characters, mostly well-groomed women, are shown as debased, liars and cheaters who will subvert ethical standards for personal and professional gain. Portrayals of Public Relations Practitioners in Television and Media According to Miller, the eight archetypical traits identified in media representations of public relations practitioners are: ditzy, obsequious, cynical, manipulative, money-minded, isolated, accomplished, or unfulfilled. In later research, Yoon and Black found that television representations of public relations tended to suggest that people in these roles were heartless, manipulative bullies, while Lambert and White contend that the depiction of the profession has improved to be more positive, but nonetheless continues to do a disservice to the practice by presenting female workers, especially, as “shallow but loveable” (18). We too find that public relations practitioners continue to be portrayed as morally ambiguous characters who are willing to break ethical codes of conduct to suit the needs of their clients. We discuss three themes prevalent as popular tropes in television programmes that characterise public relations practitioners as monstrous. To Be or Not to Be a Slick and Skilful Liar? Most television programmes present public relations practitioners as slick and skilful liars, who are shown as well-groomed and authoritative, convinced that they are lying only to protect their clients. In fact, in most cases the characters are shown to not only believe but also advocate to their juniors that ‘a little bit of lying’ is almost necessary to maintain client relationships and ensure campaign success. For example, in the British drama Flack, the main character of Robyn (played by Anna Paquin) is heard advising her prodigy “just assume we are lying to everyone”. The programmes also feature characters who are in dilemma about the monstrous expectations from their roles, struggling to accept that that they engage in deception as part of their jobs. However, most of them are presented as somewhat of an ugly duckling or the modest character in the programme, who is not always rational or in an explicit position of power. For example, Emily from Emily in Paris (played by Lily Collins), while working as a social media manager, regularly questions the approaches taken by the firm she works for. Her boss Sylvie Grateux (played by Philippine Leroy-Beaulieu), who embodies the status quo, is constantly disapproving of Emily’s lack of sophisticated self-presentation, among other aspects. In the episode ‘Faux Amis’, Sylvie quips “it’s not you personally. It’s everything you stand for. You’re the enemy of luxury because luxury is defined by sophistication and taste, not emilyinparis”. Similarly, in the first episode of Call My Agent!, Samuel Kerr (played by Alain Rimoux), the head of a film publicity firm, solves the conundrum faced by his anxious junior Gabriel (played by Grégory Montel) by suggesting that he lie to his client about the real reason why she lost the film. When a modestly dressed Gabriel questions how he can lie to someone he cares for, Samuel, towering over him in an impeccable suit and a confident demeanour, advises “who said anything about lying? Don’t lie. Simply don’t tell her the truth”. However, the subtext here is that the lie is to protect the client from unnecessary hurt and in doing so nurtures the client relationship. So, it lets the audience decide the morality of lying here. It may be argued that moral ambiguity may not necessarily be monstrous. Such grey characters are often crafted because they allow audiences to relate more readily to themselves by encouraging what Hawkins refers to as mental play. Audiences are less interested in the black and white of morality and veer towards shows such as Call My Agent! where storylines hone in on the need to do bad for the greater good. In these ways, public relations practitioners still transgress moral standards but are less likely to be considered monstrous because the impact and effect on others is utilitarian in nature. It is also interesting to note that in these programmes physical appearance is made to play a crucial role in showcasing the power and prestige of the senior public relations practitioner. This focus on attire can tend to further perpetuate unfavourable stereotypes about public relations practitioners being high income earners (Grandien) who are styled with branded apparel but lacking in substance and morals (Fröhlich and Peters). Promiscuous Women The urge to attract audiences to a female character can also lead to developing and cementing unfavourable stereotypes of public relations practitioners as uninhibited women who live on blurred lines between personal and professional. These characters are not portrayed as inherently bad, but instead are found to indulge in lives of excess. In her definition of the monstrous, Arumugam suggests that excess and insatiable appetites direct the monster’s behaviour, and Kearney outlines that this uncontainable excess is what signals the difference between humans and others. Such excess is readily identifiable in the character of Patsy Stone (played by Joanna Lumley) in Absolutely Fabulous. She is an alcoholic, regularly uses recreational drugs, is highly promiscuous, and chain-smokes throughout the series. She is depicted as prone to acting deceptively to maintain her vices. In Flack, Robyn is shown as regularly snorting cocaine and having sex with her clients. Those reviewing the show highlight how it will attract those interested in “its dark, acidic sense of humour” (Greene) while others condemn it because it emphasises the “depraved publicist” trope (Knibbs) and call it “one of the worst TV shows ever made” even though it is trying to highlight concerns raised in the MeToo movement about how men need to respect women (McGurk). Female characters such as Robyn, with her willingness to question why a client has not tried to sleep with her, appear to undermine the empowerment of the movement rather than support it, and continue to maintain the archetypes that those working in the field of public relations abhor. Similarly, Samantha Jones (played by Kim Cattrell) of Sex and the City is portrayed as sexually liberated, and in one episode another character describes Samantha’s vagina as “the hottest spot in town: it’s always open”. In many ways Samantha’s sexual behaviour reflects a post-feminist narrative of empowerment, agency, and choice, but it could also be read as a product of being a public relations practitioner frequenting parties and bars as she rubs shoulders with clients, celebrities, and high-profile businesspeople. To this end, Patsy, Samantha, and Robyn glamourise public relations and paint it as simply an extension of their liberated and promiscuous selves, with little care for any expectation of professionalism or work ethic. This is also in stark contrast to the reality, where women often tend to occupy technical roles that see much of their time spent in doing the hard yards of publicity and promotion (Krugler). Making Others Err Public relations practitioners are not just shown as being morally ambiguous themselves, but often quite adept at making others do deceitful acts on their behalf, thus nonchalantly oppressing others to get their way. For example, although lauded for elevating an African-American woman to the lead role despite the show maintaining misrepresentations of race (Lambert), the main character of Olivia Pope (played by Kerry Washington) in the television programme Scandal regularly subverts the law for her clients despite considering herself one of the “good guys” and wearing a “white hat”. Over the course of seven seasons, Olivia Pope is found to rig elections, plant listening devices in political figures’ offices, bribe, threaten, and conduct an affair with the President. In some cases, she calls on the services of her colleague Huck to literally, and figuratively, get rid of the barriers in the way of protecting her clients. For example, in season one’s episode Crash and Burn she asks Huck to torture a suspect for information about a dead client. Her willingness to request such actions of her friend and colleague, regardless of perceived good motivations, reinforces Mittman’s categorisation that monsters are identified by their effect and impact on others. Here, the impact includes the torturing of a suspect and the revisiting of psychological trauma by Huck’s character. Huck struggles to overcome his past as a killer and spends much of the show trying to curb his monstrous tendencies which are often brought on by PR woman Olivia’s requests. Although she is sometimes striving for justice, Olivia’s desire for results can lead her to act monstrously, which inadvertently contributes to the racist and sexist ideologies that have long been associated with monsters and perceptions of the Other. Across time and space, certain ethnic groups, such as those of African descent, have been associated with the demonic (Cohen). Similarly, all that is feminine often needs to be discarded as the monster to conform to the patriarchal order of society (Creed). Therefore, Olivia Pope’s monstrous behaviour not only does a disservice to representations of public relations practitioners, but also inadvertently perpetuates negative and inaccurate stereotypes about women of African American descent. Striving to be Ethical The majority of public relations practitioners are encouraged, and in some cases expected, to conform to ethical guidelines to practice and gain respect, admiration, and in-group status. In New Zealand, those who opt to become members of the Public Relations Institute of New Zealand (PRINZ) are required to abide by the association’s code of ethics. The code stipulates that members are bound to act in ways that serve public interests by ensuring they are honest, disclose conflict of interests, follow the law, act with professionalism, ensure openness and privacy are maintained, and uphold values of loyalty, fairness, and independence (PRINZ). Similarly, the Global Alliance of Public Relations and Communication Management that binds practitioners together identifies nine guiding principles that are to be adhered to to be recognised as acting ethically. These include obeying laws, working in the public’s interest, ensuring freedom of speech and assembly, acting with integrity, and upholding privacy in sensitive matters (to name a few). These governing principles are designed to maintain ethical practice in the field. Of course, the trouble is that not all who claim to practice public relations become members of the local or global governing bodies. This implies that professional associations like PRINZ are not able to enforce ethics across the board. In New Zealand alone, public relations consultants have had to offer financial reparations for acting in defamatory ways online (Fisher), or have been alleged to have bribed an assault victim to prevent the person giving evidence in a court case (Hurley). Some academics have accused the industry of being engaged in organised lying (Peacock), but these are not common, nor are these moral transgressors accepted into ethical bodies that afford practitioners authenticity and legitimacy. In most cases, public relations practitioners view their role as acting as the moral conscience of the organisations they support (Schauster, Neill, Ferrucci, and Tandoc). Furthermore, they rated better than the average adult when it came to solving ethical dilemmas through moral reasoning (Schuaster et al.). Additionally, training of practitioners through guidance of mentors has continued to contribute to the improved ethical ratings of public relations. What these findings suggest is that the monsters of public relations portrayed on our television screens are exaggerations that are not reflective of most of the practice. Women of Substance, But Not Necessarily Power Exploring the role of women in public relations, Topic, Cunha, Reigstad, Jele-Sanchez, and Moreno found that female practitioners were subordinated to their male counterparts but were found to be more inclined to practice two-way communication, offer balanced perspectives, opt to negotiate, and build relationships through cooperation. The competitiveness, independence, and status identified in popular media portrayals were found to be exhibited more by male practitioners, despite there being more women in the public relations industry than men. As Fitch argues, popular culture continues to suggest that men dominate public relations, and their preferred characteristics end up being those elements that permeate the media messages, regardless of instances where the lead character is a woman or the fact that feminist values of “loyalty, ethics, morality, [and] fairness” are advocated by female practitioners in real life (Vardeman-Winter and Place 333). Additionally, even though public relations is a feminised field, female practitioners struggle to break the glass ceiling, with male practitioners dominating executive positions and out-earning women (Pompper). Interestingly, in public relations, power is not just limited due to gender but also area of practice. In her ethnographic study of the New Zealand practice, Sissons found that practitioners who worked in consultancies were relatively powerless vis-à-vis their clients, and often this asymmetry negatively affected the practitioner’s decision-making. This implies that in stark contrast to the immoral, glamourous, and authoritative depiction of public relations women in television programmes, in reality they are mired by the struggles of a gendered occupation. Accordingly, they are not in fact in a position to have monstrous power over and impact on others. Therefore, one of the only elements the shows seem to capture and emphasise is that public relations is an occupation that specialises in image management; but what these shows contribute to is an ideology that women are expected to look and carry themselves in particular ways, ultimately constructing aesthetic standards that can diminish women’s power and self-esteem. Conclusion Miller’s archetypes may be over twenty years old, but the trend towards obsequious, manipulative, and cynical television characters remains. Although there have been identifiable shifts to loveable, yet shallow, public relations practitioners, such as Alexis Rose on Schitt’s Creek, the appeal of monstrous public relations practitioners remains. As Cohen puts it, monsters reveal to audiences “what a member of that society can become when those same dictates are rejected, when the authority of leaders or customs disintegrates and the subordination of individual to hierarchy is lost” (68). In other words, audiences enjoy watching the stories of metaphorical monsters because they exhibit the behaviours that are expected to be repressed in human beings; they depict what happens when the social norms of society are disturbed (Levina and Bui). At the very least, these media representations can act, much as monster narratives do, as a cautionary tale on how not to think and act to remain accepted as part of the in-group rather than being perceived as the Other. As Mittman and Hensel argue, society can learn much from monsters because monsters exist within human beings. According to Cohen, they offer meaning about the world and can teach audiences so they can learn, in this case, how to be better. Although the representations of public relations in television can offer insights into roles that are usually most effective when they are invisible (Chorazy and Harrington), the continued negative stereotypes of public relations practitioners can adversely impact on the industry if people are unaware of the practices of the occupation, because lacking a reference point limits audiences’ opportunities to critically evaluate the media representations. This will certainly harm the occupation by perpetuating existing negative stereotypes of charming and immoral practitioners, and perhaps add to its struggles with gendered identity and professional legitimacy. References Absolutely Fabulous. Created by Jennifer Saunders and Dawn French. Saunders and French Productions, 1992-1996. Arumugam, Indira. “Gods as Monsters: Insatiable Appetites, Exceeding Interpretations and a Surfeit of Life.” Monster Anthropology. Eds. Yasmine Musharbash and Geir Henning Presterudstuen. Routledge, 2020. 44-58. Asma, Stephen, T. On Monsters: An Unnatural History of Our Worst Fear. Oxford UP, 2009. Beville, Maria. The Unnameable Monster in Literature and Film. Routledge, 2013. Call My Agent! Created by Fanny Herrero. France Televisions, 2015-2020. Chandler, Daniel. Cultivation Theory. Aberystwyth U, 1995. 5 Aug. 2021 <http://visual-memory.co.uk/daniel//Documents/short/cultiv.html>. Chorazy, Ella, and Stephen Harrington. “Fluff, Frivolity, and the Fabulous Samantha Jones: Representations of Public Relations in Entertainment.” Entertainment Values. Ed. Stephen Harrington. Palgrave, 2017. Cohen, Jeffrey J. Monster Theory. U of Minnesota P, 1996. Creed, Barbara. The Monstrous-Feminine: Film, Feminism, Psychoanalysis. Routledge, 1993. Dennison, Mikela. An Analysis of Public Relations Discourse and Its Representations in Popular Culture. Masters Thesis. Auckland: Auckland University of Technology, 2012. Emily in Paris. Created by Darren Starr. Darren Starr Productions, 2020-present. Fawkes, Johanna. “A Jungian Conscience: Self-Awareness for Public Relations Practice.” Public Relations Review 41.5 (2015): 726-33. Fisher, David. “’Hit’ Jobs Case: PR Consultant Apologises and Promises Cash to Settle Defamation Case That Came from Dirty Politics”. New Zealand Herald, 3 Mar. 2021. 7 July 2021 <https://www.nzherald.co.nz/nz/hit-jobs-case-pr-consultant-apologises-and-promises-cash-to-settle-defamation-case-that-came-from-dirty-politics/C4KN5H42UUOCSXD7OFXGZ6YCEA/>. Fiske, John. Television Culture. Routledge, 2010. Fitch, Kate. “Promoting the Vampire Rights Amendment: Public Relations, Postfeminism and True Blood”. Public Relations Review 41.5 (2015): 607-14. Flack. Created by Oliver Lansley. Hat Trick Productions, 2019-2021. Fröhlich, Romy, and Sonja B. Peters. “PR Bunnies Caught in the Agency Ghetto? Gender Stereotypes, Organizational Factors, and Women’s Careers in PR Agencies.” Journal of Public Relations Research 19.3 (2007): 229-54. Gerbner, George, and Larry Gross. “Living with Television: The Violence Profile”. Journal of Communication 26.2 (1976): 172-99. Gilmore, David D. Monsters: Evil Beings, Mythical Beasts, and All Manner of Imaginary Terrors. U of Pennsylvania P. Global Alliance for Public Relations and Communication Management. Code of Ethics. 14 Mar. 2021. <https://www.globalalliancepr.org/code-of-ethics>. Greene, Steve. “Flack: Amazon Resurfaced the Show’s First Season at Just the Right Time.” IndieWire, 22 Jan. 2021. 7 July 2021 <https://www.indiewire.com/2021/01/flack-review-amazon-prime-video-anna-paquin-1234610509/>. Hall, Stuart. “Encoding/Decoding”. Culture, Media, Language. Eds. Stuart Hall, Doothy Hobson, Andrew Lowe, and Paul Willis. Routledge, 1980. 128-138. Hawkins, Gay. “The Ethics of Television”. International Journal of Cultural Studies 4.4 (2001): 412-26. Hurley, Sam. “The PR Firm Hired to Do a Rich-Lister’s Dirty Work”. New Zealand Herald, 30 Mar. 2021. 5 July 2021 <https://www.nzherald.co.nz/business/inside-story-the-pr-firm-hired-to-do-a-rich-listers-dirty-work-and-make-a-court-case-disappear/7FKKEADHWIBT64POKDH3ADEDE4/>. Johnston, Jane. “Girls on Screen: How Film and Television Depict Women in Public Relations.” PRism 7.4 (2010): 1-16. Kearney, Richard. Strangers, Gods and Monsters: Interpreting Otherness. London: Routledge, 2003. Knibbs, Kate. “A Brief Pop Cultural History of the Publicist.” The Ringer 27 Feb. 2019. 7 July 2021 <https://www.theringer.com/tv/2019/2/27/18241636/flack-publicists-pop-culture>. Krugler, Elizabeth. Women in Public Relations: The Influence of Gender on Women Leaders in Public Relations. Masters Thesis. Iowa State University, 2017. Lambert, Cheryl Ann. “Post-Racial Public Relations on Primetime Television: How Scandal Represents Olivia Pope.” Public Relations Review 43.4 (2017): 750-54. Lambert, Cheryl Ann, and Candace White. “Feminization of the film? Occupational Roles of Public Relations Characters in Movies.” Public Relations Journal 6.4 (2012): 1-24. Levina, Marina, and Diem-My Bui. “Introduction”. In Monster Culture in the 21st Century. Eds. Marina Levina and Diem-My Bui. Bloomsbury, 2013. 1-13. McGurk, Stuart. “PR Drama Flack Might Be One of the Worst TV Shows Ever Made.” GQ Magazine 19 Feb. 2019. 7 July 2021 <https://www.gq-magazine.co.uk/article/flack-tv-show-review>. Miller, Karen S. “Public Relations in Film and Fiction: 1930 to 1995.” Journal of Public Relations Research 11.1 (1999): 3-28. Mittman, Asa Simon. “Introduction: The Impact of Monsters and Monster Studies.” The Ashgate Research Companion to Monsters and the Monstrous. Eds. Asa Simon Mittman and Peter Dendle. London: Ashgate, 2012. 1-14. Mittman, Asa Simon, and Marcus Hensel. “Introduction: A Marvel of Monsters.” Primary Sources on Monsters: Demonstrare Volume Two. Eds. Asa Simon Mittman and Marcus Hensel. Leeds: Arc Humanities P, 2018. 1-6. Peacock, Colin. “Expert Says PR Needs an Ethical Upgrade.” Radio New Zealand 22 Sep. 2019. 7 July 2021 <https://www.rnz.co.nz/national/programmes/mediawatch/audio/2018713710/expert-says-pr-needs-an-ethical-upgrade\ >. Pompper, Donnalyn. “Interrogating Inequalities Perpetuated in a Feminized Field: Using Critical Race Theory and the Intersectionality Lens to Render Visible That Which Should Not Be Disaggregated.” Gender and Public Relations: Critical Perspectives on Voice, Image and Identity. Eds. Christine Daymon and Kristin Demetrious. London: Routledge, 2013. 67-86. Public Relations Institute of New Zealand. Code of Ethics. 14 March 2021. <https://prinz.org.nz/wp-content/uploads/2020/11/PRINZ-Code-of-Ethics-2020.pdf>. Scandal. Created by Shonda Rimes. ABC Studios, 2012-2018 Sex and the City. Created by Darren Starr. HBO Entertainment, 1998-2004. Schitt’s Creek. Created by Eugene and Dan Levy. Not a Real Company Productions, 2015-2020. Schauster, Erin, Marlene S. Neill, Patrick Ferrucci, and Edson Tandoc. “Public Relations Primed: An Update on Practitioners’ Moral Reasoning, from Moral Development to Moral Maintenance.” Journal of Media Ethics 35.3 (2019): 164-79. Shrun, L.J. “Processing Strategy Moderates the Cultivation Effect.” Human Communication Research 27.1 (2001): 94-120. Sissons, Helen. “Lifting the Veil on the PRP-Client Relationship.” Public Relations Inquiry 4.3 (2015): 263-86. Topić, Martina, Maria Joäo Chunha, Amelia Reigstad, Alenka Jele-Sanchez, and Ángeles Moreno. “Women in Public Relations (1982-2019).” Journal of Communication Management 24.4 (2020): 391-407. Tsetsura, Katerina, Joshua Bentley, and Taylor Newcomb. “Idealistic and Conflicted: New Portrayals of Public Relations Practitioners in Film.” Public Relations Review 41 (2015): 652-61. Vardeman-Winter, Jennifer, and Katie R. Place. “Still a Lily-White Field of Women: The State of Workforce Diversity in Public Relations Practice and Research.” Public Relations Review 43.2 (2017): 326-336. Yoon, Youngmin, and Heather Black. “Learning about Public Relations from Television: How Is the Profession Portrayed?” Communication Science 28.2 (2007): 85-106. You’re the Worst. Created by Stephen Falk. Hooptie Entertainment, 2014-2019.

Photo by Sean Pollock on Unsplash ABSTRACT Bioethics and Corporate Social Responsibility (CSR) were born out of similar concerns, such as the reaction to scandal and the restraint of irresponsible actions by individuals and organizations. However, these fields of knowledge are seldom explored together. This article attempts to explain the motives behind the gap between bioethics and CSR, while arguing that their shared agenda – combined with their contrasting principles and goals – suggests there is potential for fruitful dialogue that enables the actualization of bioethical agendas and provides a direction for CSR in health-related organizations. INTRODUCTION Bioethics and Corporate Social Responsibility (CSR) seem to be cut from the same cloth: the concern for human rights and the response to scandal. Both are tools for the governance of organizations, shaping how power flows and decisions are made. They have taken the shape of specialized committees, means of stakeholder inclusion at deliberative forums, compliance programs, and internal processes. It should be surprising, then, that these two fields of study and practice have developed separately, only recently re-approaching one another. There have been displays of this reconnection both in academic and corporate spaces, with bioethics surfacing as part of the discourse of CSR and compliance initiatives. However, this is still a relatively timid effort. Even though the bioethics-CSR divide presents mostly reasonable explanations for this difficult relationship between the disciplines, current proposals suggest there is much to be gained from a stronger relationship between them. This article explores the common history of bioethics and corporate social responsibility and identifies their common features and differences. It then explores the dispute of jurisdictions due to professional and academic “pedigree” and incompatibilities in the ideological and teleological spheres as possible causes for the divide. The discussion turns to paths for improving the reflexivity of both disciplines and, therefore, their openness to mutual contributions. I. Cut Out of the Same Cloth The earliest record of the word “bioethics” dates back to 1927 as a term that designates one’s ethical responsibility toward not only human beings but other lifeforms as well, such as animals and plants.[1] Based on Kantian ethics, the term was coined as a response to the great prestige science held at its time. It remained largely forgotten until the 1970s, when it resurfaced in the United States[2] as the body of knowledge that can be employed to ensure the responsible pursuit and application of science. The resurgence was prompted by a response to widespread irresponsible attitudes toward science and grounded in a pluralistic perspective of morality.[3] In the second half of the twentieth century, states and the international community assumed the duty to protect human rights, and bioethics became a venue for discussing rights.[4] There is both a semantic gap and a contextual gap between these two iterations, with some of them already being established. Corporate social responsibility is often attributed to the Berle-Dodd debate. The discussion was characterized by diverging views on the extent of the responsibility of managers.[5] It was later settled as positioning the company, especially the large firm, as an entity whose existence is fomented by the law due to its service to the community. The concept has evolved with time, departing from a largely philanthropic meaning to being ingrained in nearly every aspect of a company’s operations. This includes investments, entrepreneurship models, and its relationship to stakeholders, leading to an increasing operationalization and globalization of the concept.[6] At first sight, these two movements seem to stem from different contexts. Despite the difference, it is also possible to tell a joint history of bioethics and CSR, with their point of contact being a generalized concern with technological and social changes that surfaced in the sixties. The publishing of Silent Spring in 1962 by Rachel Carson exemplifies this growing concern over the sustainability of the ruling economic growth model of its time by commenting on the effects of large-scale agriculture and the use of pesticides in the population of bees, one of the most relevant pollinators of crops consumed by humans. The book influenced both the author responsible for the coining bioethics in the 1971[7] and early CSR literature.[8] By initiating a debate over the sustainability of economic models, the environmentalist discourse became a precursor to vigorous social movements for civil rights. Bioethics was part of the trend as it would be carried forward by movements such as feminism and the patients’ rights movement.[9] Bioethics would gradually move from a public discourse centered around the responsible use of science and technology to academic and government spaces.[10] This evolution led to an increasing emphasis on intellectual rigor and governance. The transformation would unravel the effort to take effective action against scandal and turn bioethical discourse into governance practices,[11] such as bioethics and research ethics committees. The publication of the Belmont Report[12] in the aftermath of the Tuskegee Syphilis Experiment, as well as the creation of committees such as the “God Committee,”[13] which aimed to develop and enforce criteria for allocating scarce dialysis machines, exemplify this shift. On the side of CSR, this period represents, at first, a stronger pact between businesses and society due to more stringent environmental and consumer regulations. But afterward, a joint trend emerged: on one side, the deregulation within the context of neoliberalism, and on the other, the operationalization of corporate social responsibility as a response to societal concerns.[14] The 1990s saw both opportunities and crises that derived from globalization. In the political arena, the end of the Cold War led to an impasse in the discourse concerning human rights,[15] which previously had been split between the defense of civil and political rights on one side and social rights on the other. But at the same time, agendas that were previously restricted territorially became institutionalized on a global scale.[16] Events such as the European Environment Agency (1990), ECO92 in Rio de Janeiro (1992), and the UN Global Compact (2000) are some examples of the globalization of CSR. This process of institutionalization would also mirror a crisis in CSR, given that its voluntarist core would be deemed lackluster due to the lack of corporate accountability. The business and human rights movement sought to produce new binding instruments – usually state-based – that could ensure that businesses would comply with their duties to respect human rights.[17] This rule-creation process has been called legalization: a shift from business standards to norms of varying degrees of obligation, precision, and delegation.[18] Bioethics has also experienced its own renewed identity in the developed world, perhaps because of its reconnection to public and global health. Global health has been the object of study for centuries under other labels (e.g., the use of tropical medicine to assist colonial expeditions) but it resurfaced in the political agenda recently after the pandemics of AIDS and respiratory diseases.[19] Bioethics has been accused from the inside of ignoring matters beyond the patient-provider relationship,[20] including those related to public health and/or governance. Meanwhile, scholars claimed the need to expand the discourse to global health.[21] In some countries, bioethics developed a tight relationship with public health, such as Brazil,[22] due to its connections to the sanitary reform movement. The United Kingdom has also followed a different path, prioritizing governance practices and the use of pre-established institutions in a more community-oriented approach.[23] The Universal Declaration on Bioethics and Rights followed this shift toward a social dimension of bioethics despite being subject to criticism due to its human rights-based approach in a field characterized by ethical pluralism.[24] This scenario suggests bioethics and CSR have developed out of similar concerns: the protection of human rights and concerns over responsible development – be it economic, scientific, or technological. However, the interaction between these two fields (as well as business and human rights) is fairly recent both in academic and business settings. There might be a divide between these fields and their practitioners. II. A Tale of Jurisdictions It can be argued that CSR and business and human rights did not face jurisdictional disputes. These fields owe much of their longevity to their roots in institutional economics, whose debates, such as the Berle-Dodd debate, were based on interdisciplinary dialogue and the abandonment of sectorial divisions and public-private dichotomies.[25] There was opposition to this approach to the role of companies in society that could have implications for CSR’s interdisciplinarity, such as the understanding that corporate activities should be restricted to profit maximization.[26] Yet, those were often oppositions to CSR or business and human rights themselves. The birth of bioethics in the USA can be traced back to jurisdictional disputes over the realm of medicine and life sciences.[27] The dispute unfolded between representatives of science and those of “society’s conscience,” whether through bioethics as a form of applied ethics or other areas of knowledge such as theology.[28] Amid the civil rights movements, outsiders would gain access to the social sphere of medicine, simultaneously bringing it to the public debate and emphasizing the decision-making process as the center of the medical practice.[29] This led to the emergence of the bioethicist as a professional whose background in philosophy, theology, or social sciences deemed the bioethicist qualified to speak on behalf of the social consciousness. In other locations this interaction would play out differently: whether as an investigation of philosophically implied issues, a communal effort with professional institutions to enhance decision-making capability, or a concern with access to healthcare.[30] In these situations, the emergence and regulation of bioethics would be way less rooted in disputes over jurisdictions. This contentious birth of bioethics would have several implications, most related to where the bioethicist belongs. After the civil rights movements subsided, bioethics moved from the public sphere into an ivory tower: intellectual, secular, and isolated. The scope of the bioethicist would be increasingly limited to the spaces of academia and hospitals, where it would be narrowed to the clinical environment.[31] This would become the comfort zone of professionals, much to the detriment of social concerns. This scenario was convenient to social groups that sought to affirm their protagonism in the public arena, with conservative and progressive movements alike questioning the legitimacy of bioethics in the political discourse.[32] Even within the walls of hospitals and clinics, bioethics would not be excused from criticism. Afterall, the work of bioethicists is often unregulated and lacks the same kind of accountability that doctors and lawyers have. Then, is there a role to be played by the bioethicist? This trend of isolation leads to a plausible explanation for why bioethics did not develop an extensive collaboration with corporate social responsibility nor with business and human rights. Despite stemming from similar agendas, bioethics’ orientation towards the private sphere resulted in a limited perspective on the broader implications of its decisions. This existential crisis of the discipline led to a re-evaluation of its nature and purpose. Its relevance has been reaffirmed due to the epistemic advantage of philosophy when engaging normative issues. Proper training enables the bioethicist to avoid falling into traps of subjectivism or moralism, which are unable to address the complexity of decision-making. It also prevents the naïve seduction of “scientifying” ethics.[33] This is the starting point of a multitude of roles that can be attributed to the bioethicists. There are three main responsibilities that fall under bioethics: (i) activism in biopolicy, through the engagement in the creation of laws, jurisprudence, and public policies; (ii) the exercise of bioethics expertise, be it through the specialized knowledge in philosophical thought, its ability to juggle multiple languages related to various disciplines related to bioethics, or its capacity to combat and avoid misinformation and epistemic distortion; (iii) and, intellectual exchange, by exercising awareness that it is necessary to work with specialists from different backgrounds to achieve its goals.[34] All of those suggest the need for bioethics to improve its dialogue with CSR and business and human rights. Both CSR and business and human rights have been the arena of political disputes over the role of regulations and corporations themselves, and the absence of strong stances by bioethicists risks deepening their exclusion from the public arena. Furthermore, CSR and business and human rights are at the forefront of contemporary issues, such as the limits to sustainable development and appropriate governance structures, which may lead to the acceptance of values and accomplishment of goals cherished by bioethics. However, a gap in identifying the role and nature of bioethics and CSR may also be an obstacle for bridging the chasm between bioethics and CSR. III. From Substance to Form: Philosophical Groundings of CSR and Bioethics As mentioned earlier, CSR is, to some extent, a byproduct of institutionalism. Institutional economics has a philosophical footprint in the pragmatic tradition[35], which has implications for the purpose of the movement and the typical course of the debate. The effectiveness of regulatory measures is often at the center of CSR and business and human rights debates: whatever the regulatory proposal may be, compliance, feasibility, and effectiveness are the kernel of the discussion. The axiological foundation is often the protection of human rights. But discussions over the prioritization of some human rights over others or the specific characteristics of the community to be protected are often neglected.[36] It is worth reinforcing that adopting human rights as an ethical standard presents problems to bioethics, given its grounding in the recognition of ethical pluralism. Pragmatism adopts an anti-essentialist view, arguing that concepts derive from their practical consequences instead of aprioristic elements.[37] Therefore, truth is transitory and context dependent. Pragmatism embraces a form of moral relativism and may find itself in an impasse in the context of political economy and policymaking due to its tendency to be stuck between the preservation of the status quo and the defense of a technocratic perspective, which sees technical and scientific progress as the solution to many of society’s issues.[38] These characteristics mean that bioethics has a complicated relationship with pragmatism. Indeed, there are connections between pragmatism and the bioethics discourse. Both can be traced back to American naturalism.[39] The early effort in bioethics to make it ecumenical, thus building on a common but transitory morality,[40] sounds pragmatic. Therefore, scholars suggest that bioethics should rely on pragmatism's perks and characteristics to develop solutions to new ethical challenges that emerge from scientific and technological progress. Nonetheless, ethical relativism is a problem for bioethics when it bleeds from a metaethical level into the subject matters themselves. After all, the whole point of bioethics is either descriptive, where it seeks to understand social values and conditions that pertain to its scope, or normative, where it investigates what should be done in matters related to medicine, life sciences, and social and technological change. It is a “knowledge of how to use knowledge.” Therefore, bioethics is a product of disillusionment regarding science and technology's capacity to produce exclusively good consequences. It was built around an opposition to ethical relativism—even though the field is aware of the particularity of its answers. This is true not only for the scholarly arena, where the objective is to produce ethically sound answers but also for bioethics governance, where relativism may induce decision paralysis or open the way to points of view disconnected from facts.[41] But there might be a point for more pragmatic bioethics. Bioethics has become an increasingly public enterprise which seeks political persuasion and impact in the regulatory sphere. When bioethics is seen as an enterprise, achieving social transformation is its main goal. In this sense, pragmatism can provide critical tools to identify idiosyncrasies in regulation that prove change is needed. An example of how this may play out is the abortion rights movement in the global south.[42] Despite barriers to accessing safe abortion, this movement came up with creative solutions and a public discourse focused on the consequences of its criminalization rather than its moral aspects. IV. Bridging the Divide: Connections Between Bioethics and CSR There have been attempts to bring bioethics and CSR closer to each other. Corporate responsibility can be a supplementary strategy for achieving the goals of bioethics. The International Bioethics Committee (IBC), an institution of the United Nations Educational, Scientific and Cultural Organization (UNESCO), highlights the concept that social responsibility regarding health falls under the provisions of the Universal Declaration on Bioethics and Human Rights (UDBHR). It is a means of achieving good health (complete physical, mental, and social well-being) through social development.[43] Thus, it plays out as a condition for actualizing the goals dear to bioethics and general ethical standards,[44] such as autonomy and awareness of the social consequences of an organization’s governance. On this same note, CSR is a complementary resource for healthcare organizations that already have embedded bioethics into their operations[45] as a way of looking at the social impact of their practices. And bioethics is also an asset of CSR. Bioethics can inform the necessary conditions for healthcare institutions achieving a positive social impact. When taken at face value, bioethics may offer guidelines for ethical and socially responsible behavior in the industry, instructing how these should play out in a particular context such as in research, and access to health.[46] When considering the relevance of rewarding mechanisms,[47] bioethics can guide the establishment of certification measures to restore lost trust in the pharmaceutical sector.[48] Furthermore, recognizing that the choice is a more complex matter than the maximization of utility can offer a nuanced perspective on how organizations dealing with existentially relevant choices understand their stakeholders.[49] However, all of those proposals might come with the challenge of proving that something can be gained from its addition to self-regulatory practices[50] within the scope of a dominant rights-based approach to CSR and global and corporate law. It is evident that there is room for further collaboration between bioethics and CSR. Embedding either into the corporate governance practices of an organization tends to be connected to promoting the other.[51] While there are some incompatibilities, organizations should try to overcome them and take advantage of the synergies and similarities. CONCLUSION Despite their common interests and shared history, bioethics and corporate social responsibility have not produced a mature exchange. Jurisdictional issues and foundational incompatibilities have prevented a joint effort to establish a model of social responsibility that addresses issues particular to the healthcare sector. Both bioethics and CSR should acknowledge that they hold two different pieces of a cognitive competence necessary for that task: CSR offers experience on how to turn corporate ethical obligations operational, while bioethics provides access to the prevailing practical and philosophical problem-solving tools in healthcare that were born out of social movements. Reconciling bioethics and CSR calls for greater efforts to comprehend and incorporate the social knowledge developed by each field reflexively[52] while understanding their insights are relevant to achieving some common goals. - [1]. Fritz Jahr, “Bio-Ethik: Eine Umschau Über Die Ethischen Beziehungen Des Menschen Zu Tier Und Pflanze,” Kosmos - Handweiser Für Naturfreunde 24 (1927): 2–4. [2]. Van Rensselaer Potter, “Bioethics, the Science of Survival,” Perspectives in Biology and Medicine 14, no. 1 (1970): 127–53, https://doi.org/10.1353/pbm.1970.0015. [3]. Maximilian Schochow and Jonas Grygier, eds., “Tagungsbericht: 1927 – Die Geburt der Bioethik in Halle (Saale) durch den protestantischen Theologen Fritz Jahr (1895-1953),” Jahrbuch für Recht und Ethik / Annual Review of Law and Ethics 21 (June 11, 2014): 325–29, https://doi.org/10.3726/978-3-653-02807-2. [4] George J. Annas, American Bioethics: Crossing Human Rights and Health Law Boundaries (Oxford ; New York: Oxford University Press, 2005). [5] Philip L. Cochran, “The Evolution of Corporate Social Responsibility,” Business Horizons 50, no. 6 (November 2007): 449–54, https://doi.org/10.1016/j.bushor.2007.06.004. p. 449. [6] Mauricio Andrés Latapí Agudelo, Lára Jóhannsdóttir, and Brynhildur Davídsdóttir, “A Literature Review of the History and Evolution of Corporate Social Responsibility,” International Journal of Corporate Social Responsibility 4, no. 1 (December 2019): 23, https://doi.org/10.1186/s40991-018-0039-y. [7] Potter, “Bioethics, the Science of Survival.” p. 129. [8] Latapí Agudelo, Jóhannsdóttir, and Davídsdóttir, “A Literature Review of the History and Evolution of Corporate Social Responsibility.” p. 4. [9] Albert R. Jonsen, The Birth of Bioethics (New York: Oxford University Press, 2003). p. 368-371. [10] Jonsen. p. 372. [11] Jonathan Montgomery, “Bioethics as a Governance Practice,” Health Care Analysis 24, no. 1 (March 2016): 3–23, https://doi.org/10.1007/s10728-015-0310-2. [12]. The National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, “The Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research” (Washington: Department of Health, Education, and Welfare, April 18, 1979), https://www.hhs.gov/ohrp/sites/default/files/the-belmont-report-508c_FINAL.pdf. [13] Shana Alexander, “They Decide Who Lives, Who Dies,” in LIFE, by Time Inc, 19th ed., vol. 53 (Nova Iorque: Time Inc, 1962), 102–25. [14]. Latapí Agudelo, Jóhannsdóttir, and Davídsdóttir, “A Literature Review of the History and Evolution of Corporate Social Responsibility.” [15]. Boaventura de Sousa Santos, “Por Uma Concepção Multicultural Dos Direitos Humanos,” Revista Crítica de Ciências Sociais, no. 48 (June 1997): 11–32. [16] Latapí Agudelo, Jóhannsdóttir, and Davídsdóttir, “A Literature Review of the History and Evolution of Corporate Social Responsibility.” [17]. Anita Ramasastry, “Corporate Social Responsibility Versus Business and Human Rights: Bridging the Gap Between Responsibility and Accountability,” Journal of Human Rights 14, no. 2 (April 3, 2015): 237–59, https://doi.org/10.1080/14754835.2015.1037953. [18]. Kenneth W Abbott et al., “The Concept of Legalization,” International Organization, Legalization and World Politics, 54, no. 3 (2000): 401–4019. [19]. Jens Holst, “Global Health – Emergence, Hegemonic Trends and Biomedical Reductionism,” Globalization and Health 16, no. 1 (December 2020): 42–52, https://doi.org/10.1186/s12992-020-00573-4. [20]. Albert R. Jonsen, “Social Responsibilities of Bioethics,” Journal of Urban Health: Bulletin of the New York Academy of Medicine 78, no. 1 (March 1, 2001): 21–28, https://doi.org/10.1093/jurban/78.1.21. [21]. Solomon R Benatar, Abdallah S Daar, and Peter A Singer, “Global Health Challenges: The Need for an Expanded Discourse on Bioethics,” PLoS Medicine 2, no. 7 (July 26, 2005): e143, https://doi.org/10.1371/journal.pmed.0020143. [22]. Márcio Fabri dos Anjos and José Eduardo de Siqueira, eds., Bioética No Brasil: Tendências e Perspectivas, 1st ed., Bio & Ética (São Paulo: Sociedade Brasileira de Bioética, 2007). [23]. Montgomery, “Bioethics as a Governance Practice.” p. 8-9. [24]. Aline Albuquerque S. de Oliveira, “A Declaração Universal Sobre Bioética e Direitos Humanos e a Análise de Sua Repercussão Teórica Na Comunidade Bioética,” Revista Redbioética/UNESCO 1, no. 1 (2010): 124–39. [25] John R. Commons, “Law and Economics,” The Yale Law Journal 34, no. 4 (February 1925): 371, https://doi.org/10.2307/788562; Robert L. Hale, “Bargaining, Duress, and Economic Liberty,” Columbia Law Review 43, no. 5 (July 1943): 603–28, https://doi.org/10.2307/1117229; Karl N. Llewellyn, “The Effect of Legal Institutions Upon Economics,” The American Economic Review 15, no. 4 (1925): 665–83; Carlos Portugal Gouvêa, Análise Dos Custos Da Desigualdade: Efeitos Institucionais Do Círculo Vicioso de Desigualdade e Corrupção, 1st ed. (São Paulo: Quartier Latin, 2021). p. 84-94. [26] Milton Friedman, “A Friedman Doctrine‐- The Social Responsibility of Business Is to Increase Its Profits,” The New York Times, September 13, 1970, sec. Archives, https://www.nytimes.com/1970/09/13/archives/a-friedman-doctrine-the-social-responsibility-of-business-is-to.html. [27] Montgomery, “Bioethics as a Governance Practice.” p. 8. [28] John Hyde Evans, The History and Future of Bioethics: A Sociological View, 1st ed. (New York: Oxford University Press, 2012). [29] David J. Rothman, Strangers at the Bedside: A History of How Law and Bioethics Transformed Medical Decision Making, 2nd pbk. ed, Social Institutions and Social Change (New York: Aldine de Gruyter, 2003). p. 3. [30] Volnei Garrafa, Thiago Rocha Da Cunha, and Camilo Manchola, “Access to Healthcare: A Central Question within Brazilian Bioethics,” Cambridge Quarterly of Healthcare Ethics 27, no. 3 (July 2018): 431–39, https://doi.org/10.1017/S0963180117000810. [31] Jonsen, “Social Responsibilities of Bioethics.” [32] Evans, The History and Future of Bioethics. p. 75-79, 94-96. [33] Julian Savulescu, “Bioethics: Why Philosophy Is Essential for Progress,” Journal of Medical Ethics 41, no. 1 (January 2015): 28–33, https://doi.org/10.1136/medethics-2014-102284. [34] Silvia Camporesi and Giulia Cavaliere, “Can Bioethics Be an Honest Way of Making a Living? A Reflection on Normativity, Governance and Expertise,” Journal of Medical Ethics 47, no. 3 (March 2021): 159–63, https://doi.org/10.1136/medethics-2019-105954; Jackie Leach Scully, “The Responsibilities of the Engaged Bioethicist: Scholar, Advocate, Activist,” Bioethics 33, no. 8 (October 2019): 872–80, https://doi.org/10.1111/bioe.12659. [35] Philip Mirowski, “The Philosophical Bases of Institutionalist Economics,” Journal of Economic Issues, Evolutionary Economics I: Foundations of Institutional Thought, 21, no. 3 (September 1987): 1001–38. [36] David Kennedy, “The International Human Rights Movement: Part of the Problem?,” Harvard Human Rights Journal 15 (2002): 101–25. [37] Richard Rorty, “Pragmatism, Relativism, and Irrationalism,” Proceedings and Addresses of the American Philosophical Association 53, no. 6 (August 1980): 717+719-738. [38]. Mirowski, “The Philosophical Bases of Institutionalist Economics.” [39]. Glenn McGee, ed., Pragmatic Bioethics, 2nd ed, Basic Bioethics (Cambridge, Mass: MIT Press, 2003). [40]. Tom L. Beauchamp and James F. Childress, Principles of Biomedical Ethics, 7th ed (New York: Oxford University Press, 2013). [41]. Montgomery, “Bioethics as a Governance Practice.” [42]. Debora Diniz and Giselle Carino, “What Can Be Learned from the Global South on Abortion and How We Can Learn?,” Developing World Bioethics 23, no. 1 (March 2023): 3–4, https://doi.org/10.1111/dewb.12385. [43]. International Bioethics Committee, On Social Responsibility and Health Report (Paris: Unesco, 2010). [44]. Cristina Brandão et al., “Social Responsibility: A New Paradigm of Hospital Governance?,” Health Care Analysis 21, no. 4 (December 2013): 390–402, https://doi.org/10.1007/s10728-012-0206-3. [45] Intissar Haddiya, Taha Janfi, and Mohamed Guedira, “Application of the Concepts of Social Responsibility, Sustainability, and Ethics to Healthcare Organizations,” Risk Management and Healthcare Policy Volume 13 (August 2020): 1029–33, https://doi.org/10.2147/RMHP.S258984. [46]The Biopharmaceutical Bioethics Working Group et al., “Considerations for Applying Bioethics Norms to a Biopharmaceutical Industry Setting,” BMC Medical Ethics 22, no. 1 (December 2021): 31–41, https://doi.org/10.1186/s12910-021-00600-y. [47] Anne Van Aaken and Betül Simsek, “Rewarding in International Law,” American Journal of International Law 115, no. 2 (April 2021): 195–241, https://doi.org/10.1017/ajil.2021.2. [48] Jennifer E. Miller, “Bioethical Accreditation or Rating Needed to Restore Trust in Pharma,” Nature Medicine 19, no. 3 (March 2013): 261–261, https://doi.org/10.1038/nm0313-261. [49] John Hardwig, “The Stockholder – A Lesson for Business Ethics from Bioethics?,” Journal of Business Ethics 91, no. 3 (February 2010): 329–41, https://doi.org/10.1007/s10551-009-0086-0. [50] Stefan van Uden, “Taking up Bioethical Responsibility?: The Role of Global Bioethics in the Social Responsibility of Pharmaceutical Corporations Operating in Developing Countries” (Mestrado, Coimbra, Coimbra University, 2012). [51] María Peana Chivite and Sara Gallardo, “La bioética en la empresa: el caso particular de la Responsabilidad Social Corporativa,” Revista Internacional de Organizaciones, no. 13 (January 12, 2015): 55–81, https://doi.org/10.17345/rio13.55-81. [52] Teubner argues that social spheres tend to develop solutions autonomously, but one sphere interfering in the way other spheres govern themselves tends to result in ineffective regulation and demobilization of their autonomous rule-making capabilities. These spheres should develop “reflexion mechanisms” that enable the exchange of their social knowledge and provide effective, non-damaging solutions to social issues. See Gunther Teubner, “Substantive and Reflexive Elements in Modern Law,” Law & Society Review 17, no. 2 (1983): 239–85, https://doi.org/10.2307/3053348.

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.

Photo by Diana Polekhina on Unsplash ABSTRACT With the increasing legalization of MAiD across the world, the question of whether psychiatric patients with refractory mental illness should have access to this health service is a topic of ethical debate. Even so, with present-day autonomy encouragement, and the right to die, a psychiatric diagnosis should never automatically preclude a patient from making decisions about their treatment, including the use of MAiD. INTRODUCTION Likely, no matter where we live in the world, we have similar wants: to be healthy, to be happy, to be in a community, to make our own decisions about our lives. The first and last of these wants are the primary concerns of medicine. Diseases are treated, suffering is alleviated, chronic illnesses are managed – to the extent possible. Along the way, patient autonomy is encouraged. Perhaps the greatest manifestation of this autonomy is evidenced in the increasing availability of Physician-Assisted Suicide or Medical Aid-in-Dying (MAiD). With important nuances, the criteria that patients must meet to participate in MAiD are generally similar: a patient must be over the age of 18, able to state a voluntary desire to end their own life, and two independent physicians must verify their decision-making capacity. Yet, clinical criteria for accessing this option differ. In U.S. jurisdictions where MAiD is legal, patients must have a terminal illness with a 6-month prognosis.[1] In Holland and Belgium, the presence of “intractable pain” is sufficient.[2] With the increasing legalization of MAiD across the world, the question of whether psychiatric patients suffering from refractory mental illness should have access to this means of relieving suffering is under continual debate. The ethical implications of denying autonomous decision-making to psychiatric patients at the end of life will be discussed – along with suggestions for clinical practice. l. Medical Aid-in-Dying and the Psychiatric Patient There are three main arguments against allowing a patient with psychiatric suffering to pursue MAiD. The first is that patients with severe mental illness may have impaired decision-making capacity. This impaired capacity generally encompasses the following four criteria: the ability to express a choice, the ability to understand the information presented, the ability to appreciate the “medical consequences of the situation,” and the ability to engage with different choices of treatment.[3] These criteria are impaired to varying degrees across the spectrum of mental illnesses. For instance, about 50 percent of patients with schizophrenia hospitalized for an acute episode displayed at least one element of impaired capacity, compared with 20-25 percent of those admitted with an acute depressive episode. In contrast, depression treated on an outpatient basis may not be associated with any impairment in capacity.[4] The second argument against allowing a patient with psychiatric suffering to pursue MAiD is that suicidality itself can manifest as a common symptom of psychiatric disorders (including major depressive disorder). In this context, a patient with severe mental illness who has requested MAiD, following appropriate treatment, may in fact no longer wish to die. The fear of wrongly fulfilling a MAiD request in this context alienates the notion of liberally applying MAiD to the psychiatric population. A literature review found that between 8 percent and 47 percent of patients in the Netherlands and Oregon who requested MAiD presented with depression, while 2-17 percent of those who pursued MAiD to completion had “depressive symptoms.” In the Netherlands, patients with depression were significantly less likely to be granted euthanasia/MAiD requests.[5] Providers are rightfully afraid of making a mistake that will cost a life. Kious and Battin phrase the dilemma simply: “When is it worse that someone die, whether from suicide or with physician assistance, who could have been helped, and when is it worse that someone whose suffering could only be alleviated by death continue to suffer?”[6] It is doubtful that this question will ever have a sufficient answer. The third argument, that Calkins and Swetz fervently pose, claims that “allowing the psychiatrically ill to participate in [MAiD] will compromise the patient-clinician relationship and the relationship of medicine with the public as a whole… fundamentally alter[ing] the clinician’s role as healer and trusted advisor.”[7] This argument stems from western medicine’s bias of preserving life at whatever cost, the idea being that any deviation from this goal constitutes an abandonment of the patient. Calkins and Swetz’s suggestion that all patients with severe, persistent mental illness who might request MAiD do so inappropriately vastly overestimate the capacity of current psychotropic pharmacology to alleviate pain and suffering. There remain patients who have diligently run the gamut of available treatment options and remain debilitated by their disease. Allowing for participation in MAiD can instead be a testament to the strength of a patient-clinician relationship: that this patient, after presenting the topic of MAiD to their “healer and trusted advisor,” is met with a provider who willingly and carefully listens to their reasons for requesting this option, rather than rejecting the notion out of hand. If deemed appropriate, and after careful fulfillment of the remaining MAiD criteria, the relationship can then shift towards an end-of-life alliance – therapeutic in and of itself, one in which the goal is not further treatment but a peaceful end. However, attitudes about the appropriateness of MAiD for patients with severe mental illness differ, even among psychiatrists. In a survey of 457 psychiatrists in Switzerland – one of the few countries in which MAiD can be granted “on the basis of a primary psychiatric diagnosis,” 29.3 percent of respondents indicated some degree of support for the availability of MAiD to patients with severe and persistent mental illness – an acceptance rate that parallels that of medical providers.[8] Among a profession dedicated to preserving life, there remains much (reasonable) caution about hastening its end. ll. The Psychiatric Advance Directive The ambiguity over whether patients with psychiatric illnesses should be allowed to make their own treatment decisions is not limited to the end of life. For patients with predominantly medical conditions who no longer have the capacity to make decisions about their care (for instance, patients with advanced dementia), clinicians can defer to previously stated wishes as expressed in an advance directive or per the discretion of a healthcare proxy. This deferred decision-making is sometimes referred to as substituted judgment.[9] As a correlate, patients suffering from mental illness can complete a Psychiatric Advance Directive (PAD) to indicate what treatments they would or would not want should they lose decisional capacity. These are often informed by prior, traumatic hospitalizations (for instance, a patient may request not to undergo involuntary electroconvulsive shock therapy, or receive specific antipsychotics, or may decline all psychiatric management). Yet, in contrast to advance directives guiding medical treatment, PADs are frequently (and legally) overridden if they violate “accepted clinical standards.”[10] At their discretion, physicians can override any part or all of a patient’s PAD if it violates what they deem to be acceptable care. Rather than a “let-the-patient-decide” law, the actual influence of PADs on clinical management is often minimal – shrinking its effect to a “let the doctor decide whether the patient gets to decide” law.[11] For example, Pennsylvania’s PAD statute (Act 194) specifies three instances in which physicians can override a patient’s directive. First, a physician maintains the right to involuntarily admit a patient under civil commitment law. Second, a physician may override any part of a patient’s PAD so long as they make “every reasonable effort” to have the patient transferred to a provider willing to adhere to the patient’s request. Third, the act protects any physician who violates a patient’s PAD request from “criminal or civil liability or discipline[e] for unprofessional conduct” who is deemed to have acted in “good faith” based on accepted clinical guidelines.[12] In Pennsylvania’s fairly standard PAD legislation, the physician is virtually untouchable. North Carolina’s “Advance Instruction for Mental Health Treatment” documentation explicitly communicates its limitations to the patient: the opening paragraph states, “Your instructions may be overridden if you are being held in accordance with civil commitment law.”[13] Of course, neither is it sustainable to adhere to all PAD requests. Consider the case of Hargrave v. Vermont. The Second Circuit Court of Appeals upheld the durable power of attorney (DPOA) of Nancy Hargrave (a patient with schizophrenia who was civilly committed) to refuse treatment. As Applebaum notes, “If large numbers of patients were to complete advance directives such as Nancy Hargrave’s, declining all medication, hospitals might well begin to fill with patients whom they could neither treat nor discharge.”[14] Notably, this case is an exception rather than the rule. Broad legislation emulating Hargrave will not act towards the betterment of all patients with severe mental illness. But, in the conversation on the applicability of MAiD for psychiatric patients, it is worth noting how frequently and readily these patients’ wishes are overlooked, even when they have been expressed and properly documented in a state of decisional capacity (as must be the case when completing a Psychiatric Advance Directive). lll. The Way Forward While those with mental illness deserve both fierce protection and robust mental health treatment, they also have a right to define what quality of life is acceptable. When determining the point at which treatment of a psychiatric illness becomes futile – and thus the option of pursuing MAiD more readily permissible – the concept of “qualitative futility” is particularly generative. Focus turns towards a patient’s first-person experience of illness and an understanding of their “subjective view about the quality of an outcome.”[15] This perspective shifts away from the statistical probability that a certain treatment will succeed and instead incorporates the lived reality of a patient’s illness narrative. For example, in the World Health Organization’s published report on the treatment of cancer pain, the phrase “total pain” identifies the physical and non-physical components of suffering, including “the noxious physical stimulus and also psychological, spiritual, social, and financial factors.”[16] For severely ill patients with treatment-refractory mental illness, an understanding of “qualitative futility” and “total pain” could be the most humane way to approach who should and should not qualify for MAiD. In one take on how patients with mental illness have the right to define what consists of an acceptable quality of life, Kious and Battin posit that if a patient’s decision to pursue MAiD is voluntary and if the patient possesses decision-making capacity, their request should be granted “irrespective of whether their underlying medical diagnosis is physical or mental, terminal or nonterminal.”[17] While this option should, of course, be withheld from patients suffering from an acute exacerbation in which the patient may not achieve decisional capacity, it is nevertheless true that psychiatric illness, even in severe cases, is often episodic, undergoing periods of remission when a patient may be symptom-free.[18] During these periods of lucidity, the patient’s perception of quality of life should be examined with great care. Another option offered by Kious and Battin to identify psychiatric patients who may be appropriately pursuing MAiD is to create two “metric[s] for suffering” – one for physical and one for mental illnesses. For psychiatric patients who wish to end their lives, this establishes a threshold above which suffering becomes “unbearable,” opening the door for a legitimate conversation about MAiD between patient and physician (should the patient request it). Suffering below this threshold would remain grounds for involuntary admission to an inpatient facility.[19] The question remains: how do we gauge severe enough suffering to die and suffering that is not? In exploring this question, Zhong et al.’s understanding that a person with mental illness pursuing MAiD must be evaluated differently proves valuable. The authors suggest that rather than focusing on “point capacity” (the ability to make a specific decision), an evaluation of “global capacity” should instead be conducted - a style of evaluation that is interested in “fully contextualiz[ing]” the patient’s choice to pursue MAiD. This requires asking not only about medical and psychiatric history but also family and relationship history, trauma history, education and employment history, and includes a rigorous collection of collateral information from family and friends who can confirm the patient’s wishes.[20] An additional benefit of evaluating for “global capacity” should the choice of MAiD be followed to completion is the illumination, no matter how slight, that might be provided to relatives and friends. This prior justification for, and understanding of, the patient’s decision might dull the sharpness of loss for family and friends – healing insight that may be inaccessible in the case of unassisted suicide. While Kious and Battin express concern that it is “deeply unclear” how to measure the dimensions of suffering given that “we cannot wholly trust first-person reports,” these narratives nonetheless form the substrate of psychiatry and serve as the diagnostic tool of most gravitas available to providers of mental illness.[21] They must be trusted. Or, as the old medical adage goes, they can be trusted and confirmed. It is no accident that in the WHO’s “Cancer Pain Relief” manual, the first step of pain assessment is to “believe the patient’s complaint of pain.”[22] The lived experience of a patient with severe, refractory mental illness can challenge physician hesitation about the appropriateness of MAiD. In the previously cited study in which 29.3 percent of Swiss psychiatrists reported general support for the availability of MAiD in cases of refractory mental illness, the percentage curiously swelled when presented with three clinical vignettes (in each, the patient is stated to have decision-making capacity to “refuse further treatment”). In the case of a 37-year old female with a 26-year history of anorexia nervosa, ten prior hospitalizations, a weight of 52 pounds, general muscle weakness, and low bone density, who no longer wishes to undergo force-feeds, 35.4 percent of respondents indicated that they would support her choice of MAiD.[23] In the case of a 33-year old male with a 16-year history of schizophrenia, who has failed numerous trials of anti-psychotic regiments and electroconvulsive shock therapy, who has “never been free from positive or negative symptoms,” and whose persisting illness has left him severely isolated, 32.1 percent indicated that they would support his choice of MAiD. And in the case of a 40-year-old male with persistent suicidal ideation for 20 years, whose symptoms have been refractory to numerous trials of anti-depressants, anti-psychotics, mood stabilizers, combination therapy, psychotherapy, and electroconvulsive shock therapy, who plans to commit suicide “in the near future,” 31.4 percent of respondents indicated that they would support his choice of MAiD. With generous and nuanced attention to a patient’s “total pain,” following careful evaluation of their “global capacity,” and after a thorough review of all treatment trials and any available therapeutic options yet un-tried (assessing “psychiatric futility”), those who are suffering from severe, refractory mental illness should be granted similar access to MAiD as patients suffering from cancer, ALS, and other organic causes of disease. We cannot adequately police the “badness of suffering.”[24] CONCLUSION In summary, a psychiatric diagnosis should never automatically preclude a patient from making decisions about their treatment, including deciding to end one’s own life with the help of a licensed provider. Medical Aid-in-Dying is associated with a safe, certain, and painless death. In the circumstances where it would be applicable, it serves as a less fraught option than unassisted suicide. We owe anyone who is ceaselessly suffering that much. Or, at the very least, we owe this equally fraught topic an honest conversation. [1] Calkins, Bethany C., and Keith M. Swetz. “Physician Aid-in-Dying and Suicide Prevention in Psychiatry: A Moral Imperative Over a Crisis.” The American Journal of Bioethics, vol. 19, no. 10, 2019, pp. 68–70, doi:10.1080/15265161.2019.1653398. [2] Montanari Vergallo, Gianluca et al. “Euthanasia and physician-assisted suicide for patients with depression: thought-provoking remarks.” Rivista di psichiatria vol. 55,2 (2020): 119-128. doi:10.1708/3333.33027 [3] Appelbaum, Paul S. “Assessment of Patients’ Competence to Consent to Treatment.” New England Journal of Medicine, vol. 357, no. 18, 2007, pp. 1834–40, doi:10.1056/nejmcp074045. [4] Appelbaum, Paul S. “Assessment of Patients’ Competence to Consent to Treatment,” 1834–40. [5] Levene, Ilana, and Michael Parker. “Prevalence of Depression in Granted and Refused Requests for Euthanasia and Assisted Suicide: A Systematic Review.” Journal of Medical Ethics vol. 37,4 (2011): 205-11. doi:10.1136/jme.2010.039057 [6] Levene, Ilana, and Michael Parker. “Prevalence of Depression in Granted and Refused Requests for Euthanasia ...” 205-11. [7] Calkins, Bethany C., and Keith M. Swetz. “Physician Aid-in-Dying and Suicide Prevention in Psychiatry,” 68–70. [8] Hodel, Martina A et al. “Attitudes Toward Assisted Suicide Requests in the Context of Severe and Persistent Mental Illness: A Survey of Psychiatrists in Switzerland.” Palliative & Supportive Care vol. 17,6 (2019): 621-627. doi:10.1017/S1478951519000233 [9] Appel, Jacob M. “Trial by Triad: Substituted Judgment, Mental Illness and the Right to Die.” Journal of Medical Ethics, 2021, pp. 1–4. doi:10.1136/medethics-2020-107154. [10] Swanson, Jeffrey W et al. “Superseding Psychiatric Advance Directives: Ethical and Legal Considerations.” The Journal of the American Academy of Psychiatry and the Law vol. 34,3 (2006): 385-94. [11] Swanson, Jeffrey W et al. “Superseding Psychiatric Advance Directives,” 385-94. [12] Ibid [13] “Advance Directive for Mental Health Treatment." NC Secretary of State. Web. 13 July 2021. <https://www.sosnc.gov/forms/by_title/_advance_healthcare_directives>. [14] Appelbaum, Paul S. “Law & Psychiatry: Psychiatric Advance Directives and the Treatment of Committed Patients.” Psychiatric Services (Washington, D.C.) vol. 55, no. 7, 2004, pp. 751–763. doi:10.1176/appi.ps.55.7.751 [15] Zhong, Rocksheng, et al. “Physician Aid-in-Dying for Individuals with Serious Mental Illness: Clarifying Decision-Making Capacity and Psychiatric Futility.” The American Journal of Bioethics, vol. 19, no. 10, 2019, pp. 61–63, doi:10.1080/15265161.2019.1654018. [16] World Health Organization. (‎1986)‎. Cancer Pain Relief. World Health Organization. https://apps.who.int/iris/handle/10665/43944 [17] Kious, Brent M., and Margaret (Peggy) Battin. “Physician Aid-in-Dying and Suicide Prevention in Psychiatry: A Moral Crisis?” The American Journal of Bioethics, vol. 19, no. 10, 2019, pp. 29–39, doi:10.1080/15265161.2019.1653397. [18] Kious, Brent M., and Margaret (Peggy) Battin. “Physician Aid-in-Dying,” 29–39. [19] Ibid [20] Appelbaum, Paul S. “Law & Psychiatry,” 751–763. [21] Kious, Brent M., and Margaret (Peggy) Battin. “Physician Aid-in-Dying,” 29–39. [22] World Health Organization, Cancer Pain Relief. [23] Hodel, Martina A et al. “Attitudes Toward Assisted Suicide Requests,” 621-627. [24] Kious, Brent M., and Margaret (Peggy) Battin. “Physician Aid-in-Dying,” 29–39.

I. First Brexit, then Trump: Has the past year or so ushered in a “wave” (Weisberg), a “barrage” (Desmond-Harris) or a “deluge” (Sidahmed) of that notoriously noxious affect, hate? It certainly feels that way to those of us identified with progressive social and political causes—those of us troubled, not just by Trump’s recent electoral victory, but by the far-right forces to which that victory has given voice. And yet the questions still hanging over efforts to quantify emotional or affective states leaves the claim that there has been a clear spike in hate moot (Ngai 26; Massumi 136-7; Ahmed, Promise 3-8). So let’s try asking a different question. Has this same period seen a rise, across liberal media platforms, in the rhetorical work of “hate-attribution”? Here, at least, an answer seems in readier reach. For no one given to scrolling distractedly through liberal Anglophone media outlets, from The New York Times, to The Guardian, to Slate, will be unfamiliar with a species of journalism that, in reporting the appalling activities associated with what has become known as the “alt-right” (Main; Wallace-Wells; Gourarie), articulates those activities in the rubric of a calculable uptick in hate itself.Before the U.S. Presidential election, this fledgling journalistic genre was already testing its wings, its first shudderings felt everywhere from Univision anchor Jorge Ramos’s widely publicized documentary, Hate Rising (2016), which explores the rise of white supremacist movements across the South-West U.S, to an edition of Slate’s Trumpcast entitled “The Alt-Right and a Deluge of Hate,” which broached the torment-by-Twitter of left-wing journalist David French. In the wake of the election, and the appalling acts of harassment and intimidation it seemed to authorize, the genre gained further momentum—leading to the New Yorker’s “Hate Is on the Rise After Trump’s Election,” to The Guardian’s “Trump’s Election led to Barrage of Hate,” and to Vox’s “The Wave of Post-Election Hate Reportedly Sweeping the Nation, Explained.” And it still has traction today, judging not just by James King’s recent year-in-review column, “The Year in Hate: From Donald Trump to the Rise of the Alt-Right,” but by Salon’s “A Short History of Hate” which tracks the alt-right’s meteoric 2016 rise to prominence, and the New York Times’ recently launched hate-speech aggregator, “This Week in Hate.”As should already be clear from these brisk, thumbnail accounts of the texts in question, the phenomena alluded to by the titular term “hate” are not instances of hate per se, but rather instances of “hate-speech.” The word “hate,” in other words, is being deployed here not literally, to refer to an emotional state, but metonymically, as a shorthand for “hate-speech”—a by-now widely conventionalized and legally codified parlance originating with the U.N. Declaration to describe “violent or violence-inciting speech or acts that “aim or intend to inflict injury, or incite prejudice or hatred, against persons of groups” because of their ethnic, religious, sexual or social affiliation. And there is no doubt that, beyond the headlines, these articles do incredibly important work, drawing connections between, and drawing attention to, a host of harmful activities associated with the so-called “alt-right”—from a pair of mangled, pretzel-shaped swastikas graffiti-ed in a children’s playground, to acts of harassment, intimidation and violence against women, African-Americans, Latinos, Muslims, Jews, and LGBTQ people, to Trump’s own racist, xenophobic and misogynistic tweets. Yet the fact that an emotion-term like hate is being mobilized across these texts as a metonym for the “alt-right” is no oratorical curio. Rather, it perpetuates a pervasive way of thinking about the relationship between the alt-right (a political phenomenon) and hate (an emotional phenomenon) that should give pause to those of us committed to mining that vein of cultural symptomatology now consigned, across the social sciences and critical humanities, to affect theory. Specifically, these headlines inscribe, in miniature, a kind of micro-assessment, a micro-geography and micro-theory of hate. First, they suggest that, even prior to its incarnation in specific, and dangerous, forms of speech or action, hate is in and of itself anathema, a phenomenon so unquestioningly dangerous that a putative “rise” or “spike” in its net presence provides ample pretext for a news headline. Second, they propose that hate may be localized to a particular social or political group—a group subsisting, unsurprisingly, on that peculiarly contested frontier between the ideological alt-right and the American Midwest. And third, they imply that hate is so indubitably the single most significant source of the xenophobic, racist and sexist activities they go on to describe that it may be casually used as these activities’ lexical proxy. What is crystallizing here, I suggest, is what scholars of rhetoric dub a rhetorical “constellation” (Campbell and Jamieson 332)—a constellation from which hate emerges as, a) inherently problematic, b) localizable to the “alt-right,” and, c) the primary engine of the various activities and expressions we associate with them. This constellation of conventions for thinking about hate and its relationship to the activities of right-wing extremist movement has coalesced into a “genre” we might dub the genre of “hate-attribution.” Yet while it’s far from clear that the genre is an effective one in a political landscape that’s fast becoming a political battleground, it hasn’t appeared by chance. Treating “hate,” then, less as a descriptive “grid of analysis” (Sedgwick 152), than as a rhetorical projectile, this essay opens by interrogating the “hate-attribution” genre’s logic and querying its efficacy. Having done so, it approaches the concept of “alternatives” by asking: how might calling time on the genre help us think differently about both hate itself and about the forces catalyzing, and catalyzed by, Trump’s presidential campaign? II.The rhetorical power of the genre of hate-attribution, of course, isn’t too difficult to pin down. An emotion so thoroughly discredited that its assignment is now in and of itself a term of abuse (see, for example, the O.E.D’s freshly-expanded definition of the noun “hater”), hate is an emotion the Judeo-Christian tradition deems not just responsible for but practically akin to murder (John 3:1). In part as a result of this tradition, hate has proven thoroughly resistant to efforts to elevate it from the status of an expression of a subject’s pestiferous inner life to the status of a polemical response to an object in the world. Indeed, while a great deal of the critical energy amassing under the rubric of “affect theory” has recently been put into recuperating the strategic or diagnostic value of emotions long scorned as irrelevant to oppositional struggle—from irritation and envy, to depression, anger and shame (Ngai; Cvetkovich; Gould; Love)—hate has notably not been among them. In fact, those rare scholarly accounts of affect that do address “hate,” notably Ahmed’s excellent work on right-wing extremist groups in the United Kingdom, display an understandable reluctance to rehabilitate it for progressive thought (Cultural Politics). It should come as no surprise, then, that the genre of “hate-attribution” has a rare rhetorical power. In identifying “hate” as the source of a particular position, gesture or speech-act, we effectively drain said position, gesture or speech-act of political agency or representational power—reducing it from an at-least-potentially polemical action in or response to the world, to the histrionic expression of a reprehensible personhood. Yet because hate’s near-taboo status holds across the ideological and political spectrum, what is less clear is why the genre of hate-attribution has achieved such cachet in the liberal media in particular. The answer, I would argue, lies in the fact that the work of hate-attribution dovetails all too neatly with liberal political theory’s longstanding tendency to laminate its social and civic ideals to affective ideals like “love,” “sympathy,” “compassion,” and, when in a less demonstrative humor, “tolerance”. As Martha Nussbaum’s Political Emotions has recently shown, this tradition has an impressive philosophical pedigree, running from Aristotle’s philia (16), John Locke’s “toleration” and David Hume’s “sympathy” (69-75), to the twentieth century’s Universal Declaration of Human Rights, with its promotion of “tolerance and friendship among all nations, racial or religious groups.” And while the labour of what Lauren Berlant calls “liberal sentimentality” (“Poor Eliza”, 636) has never quite died away, it does seem to have found new strength with the emergence of the “intimate public sphere” (Berlant, Queen)—from its recent popular apotheosis in the Clinton campaign’s notorious “Love Trumps Hate” (a slogan in which “love,” unfortunately, came to look a lot like resigned technocratic quietism in the face of ongoing economic and environmental crisis [Zizek]), to its revival as a philosophical project among progressive scholars, many of them under the sway of the so-called “affective turn” (Nussbaum; Hardt; Sandoval; hooks). No surprise, then, that liberalism’s struggle to yoke itself to “love” should have as its eerie double a struggle to locate among its ideological and political enemies an increasingly reified “hate”. And while the examples of this project we’ve touched on so far have hailed from popular media, this set of protocols for thinking about hate and its relationship to the activities of right-wing extremist movements is not unique to media circles. It’s there in political discourse, as in ex-DNC chair Debbie Wasserman Schultz’s announcement, on MSNBC, that “Americans will unite against [Trump’s] hatred.” And it’s there, too, in academic media studies, from FLOW journal’s November 2016 call for papers inviting respondents to comment, among other things, on “the violence and hatred epitomized by Trump and his supporters,” to the SCMS conference’s invitation to members to participate in a pop-up panel entitled “Responding to Hate, Disenfranchisement and the Loss of the Commons.” Yet while the labor of hate-attribution to which many progressive forces have become attached carries an indisputable rhetorical force, it also has some profound rhetorical flaws. The very same stigma, after all, that makes “hate” such a powerful explanatory grenade to throw also makes it an incredibly tough one to land. As Ahmed’s analysis of the online rhetoric of white supremacist organizations should remind us (Cultural Politics), most groups structured around inciting and promoting violence against women and minorities identify, perversely, not as hate groups, but as movements propelled by the love of race and nation. And while left-wing pundits pronounce “hate” the signature emotion of a racist, misogynist Trump-voting right, supporters of Trump ascribe it, just as routinely, to the so-called “liberal elite,” a group whose mythical avatars—from the so-called “Social Justice Warrior” or “SJW,” to the supercilious Washington politico—are said to brand “ordinary [white, male] Americans” indiscriminately as racist, misogynistic, homophobic buffoons. Thus, for example, The Washington Post’s uncanny, far-right journalistic alter-ego, The Washington Times, dubs the SPLC a “liberal hate group”; the Wikipedia mirror-site, Conservapedia, recasts liberal objections to gun violence as “liberal hate speech” driven by an “irrational aversion to weapons”; while one blood-curdling sub-genre of reportage on Steve Bannon’s crypto-fascist soapbox, Breitbart News, is devoted to denouncing what it calls “ ‘anti-White Racism.’” It’s easy enough, of course, to defend the hate-attribution genre’s liberal incarnations while dismissing its right-wing variants as cynical, opportunistic shams, as Ahmed does (Cultural Politics)—thereby re-establishing the wellspring of hate where we are most comfortable locating it: among our political others. Yet to do so seems, in some sense, to perpetuate a familiar volley of hate-attribution. And to the extent that, as many media scholars have shown (Philips; Reed; Tett; Turow), our digital, networked political landscape is in danger of being reduced to a silo-ed discursive battleground, the ritual exchange of terminological grenades that everyone seems eager to propel across ideological lines, but that no one, understandably, seems willing to pick up, seems counter-productive to say the least.Even beyond the genre’s ultimate ineffectiveness, what should strike anyone used to reflecting on affect is how little justice it does to the ubiquity and intricacy of “hate” as an affective phenomenon. Hate is not and cannot be the exclusive property or preserve of one side of the political spectrum. One doesn’t have to stretch one’s critical faculties too far to see the extent to which the genre of hate-attribution participates in the emotional ballistics it condemns or seeks to redress. While trafficking in a relatively simple hate-paradigm (as a subjective emotional state that may be isolated to a particular person or group), the genre itself incarnates a more complex, socially dynamic model of hate in which the emotion operates through logics of projection perhaps best outlined by Freud. In the “hate-attribution” genre, that is, hate—like those equally abjected categories “sentimentality,” “worldliness” or “knowingness” broached by Sedgwick in her bravura analyses of “scapegoating attribution” (150-158)—finds its clearest expression in and through the labor of its own adscription. And it should come as no surprise that an emotion so widely devalued, where it is not openly prohibited, might also find expression in less overt form.Yet to say as much is by no means to discredit the genre. As legal scholar Jeremy Waldron has recently pointed out, there’s no particular reason why “the passions and emotions that lie behind a particular speech act” (34)—even up to and including hate—should devalue the speech acts they rouse. On the contrary, to pin the despicable and damaging activities of the so-called “alt right” on “hate” is, if anything, to do an injustice to a rich and complex emotion that can be as generative as it can be destructive. As Freud suggests in “Group Psychology and the Analysis of the Ego,” for example, hate may be the very seed of love, since the forms of “social feeling” (121) celebrated under the liberal rubric of “tolerance,” “love,” and “compassion,” are grounded in “the reversal of what was first a hostile feeling into a positively-toned tie in the nature of an identification” (121; italics mine). Indeed, Freud projects this same argument across a larger, historical canvas in Civilization and its Discontents, which contends that it is in our very struggle to combat our “aggressive instincts” that human communities have developed “methods intended to incite people into identifications and aim-inhibited relationships of love” (31). For Freud, that is, the practice of love is a function of ongoing efforts to see hate harnessed, commuted and transformed. III.What might it mean, then, to call time on this round of hate-attribution? What sort of “alternatives” might emerge when we abandon the assumption that political engagement entails a “struggle over who has the right to declare themselves as acting out of love” (Ahmed, Cultural Politics 131), and thus, by that same token, a struggle over the exact location and source of hate? One boon, I suggest, is the license it gives those of us on the progressive left to simply own our own hate. There’s little doubt that reframing the dangerous and destructive forms of speech fomented by Trump’s campaign, not as eruptions of hate, or even as “hate-speech,” but as speech we hate would be more consistent with what once seemed affect theory’s first commandment: to take our own affective temperature before launching headlong into critical analysis. After all, when Lauren Berlant (“Trump”) takes a stab at economist Paul Krugman’s cautions against “the Danger of Political Emotions” with the timely reminder that “all the messages are emotional,” the “messages” she’s pointing to aren’t just those of our political others, they’re ours; and the “emotions” she’s pointing to aren’t just the evacuated, insouciant versions of love championed by the Clinton campaign, they’re of the messier, or as Ngai might put it, “uglier” (2) variety—from shame, depression and anger, to, yes, I want to insist, hate.By way of jump-starting this program of hate-avowal, then, let me just say it: this essay was animated, in part, by a certain kind of hate. The social critic in me hates the breathtaking simplification of the complex social, economic and emotional forces animating Trump voters that seem to actuate some liberal commentary; the psychologist in me hates the self-mystification palpable in the left’s insistence on projecting and thus disowning its own (often very well justified) aggressions; and the human being in me, hating the kind of toxic speech to which Trump’s campaign has given rise, wishes to be able to openly declare that hatred. Among its other effects, hate is characterized by hypervigilance for lapses or failings in an object it deems problematic, a hypervigilance that—sometimes—animates analysis (Zeki and Romoya). In this sense, “hate” seems entitled to a comfortable place in the ranks of what Nick Salvato has recently dubbed criticism’s creative “obstructions”—phenomena that, while “routinely identified as detriments” to critical inquiry, may also “form the basis for … critical thinking” (1).Yet while one boon associated with this disclosure might be a welcome intellectual honesty, a more significant boon, I’d argue, is what getting this disclosure out of the way might leave room for. Opting out of the game of hurling “hate” back and forth across a super-charged political arena, that is, we might devote our column inches and Facebook posts to the less sensational but more productive task of systematically challenging the specious claims, and documenting the damaging effects, of a species of utterance (Butler; Matsuda; Waldron) we’ve grown used to simply descrying as pure, distilled “hate”. And we also might do something else. Relieved of the confident conviction that we can track “Trumpism” to a spontaneous outbreak of a single, localizable emotion, we might be able to offer a fuller account of the economic, social, political and affective forces that energize it. Certainly, hate plays a part here—although the process by which, as Isabelle Stengers puts it, affect “make[s] present, vivid and mattering … a worldly world” (371) demands that we scrutinize that hate as a syndrome, rather than simply moralize it as a sin, addressing its mainsprings in a moment marked by the nerve-fraying and life-fraying effects of what has become known across the social sciences and critical humanities as conditions of social and economic “precarity” (Muehlebach; Neil and Rossiter; Stewart).But perhaps hate’s not the only emotion tucked away under the hood. Here’s something affect theory knows today: affect moves not, as more traditional theorists of political emotion have it, “unambiguously and predictably from one’s cognitive processing,” but in ways that are messy, muddled and indirect (Gould 24). That form of speech is speech we hate. But it may not be “hate speech.” That crime is a crime we hate. But it may not be a “hate-crime.” One of the critical tactics we might crib from Berlant’s work in Cruel Optimism is that of decoding and decrypting, in even the most hateful acts, an instance of what Berlant, herself optimistically, calls “optimism.” For Berlant, after all, optimism is very often cruel, attaching itself, as it seems to have done in 2016, to scenes, objects and people that, while ultimately destined to “imped[e] the aim that brought [it to them] initially,” nevertheless came to seem, to a good portion of the electorate, the only available exponent of that classic good-life genre, “the change that’s gonna come” (“Trump” 1-2) at a moment when the Democratic party’s primary campaign promise was more of the free-market same. And in a recent commentary on Trump’s rise in The New Inquiry (“Trump”), Berlant exemplified the kind of critical code-breaking this hypothesis might galvanize, deciphering a twisted, self-mutilating optimism in even the most troublesome acts, claims or positions. Here’s one translation: “Anti-P.C. means: I feel unfree.” And here’s another: “people react negatively, reactively and literally to Black Lives Matter, reeling off the other ‘lives’ that matter.” Berlant’s transcription? “They feel that they don’t matter, and they’re not wrong.”ReferencesAhmed, Sara. The Promise of Happiness. Durham, NC: Duke University Press, 2010.———. The Cultural Politics of Emotion. London: Routledge, 2004.Aristotle. Rhetoric. Trans. W. Rhys Roberts. New York: Cosimo Classics, 2010.———. Politics. Trans. Ernest Barker. Oxford: Oxford University Press, 1995.Berlant, Lauren. Cruel Optimism. Durham, NC: Duke University Press, 2011.———. “Trump, or Political Emotions.” The New Inquiry 5 Aug. 2016. <http://thenewinquiry.com/features/trump-or-political-emotions/>.———. “Poor Eliza.” American Literature 70.3 (1998): 635-668.———. The Queen of America Goes to Washington City. Durham, NC: Duke UP: 1998.Butler, Judith. Excitable Speech: A Politics of the Performative. New York and London: Routledge, 1997.Campbell, Karlyn Kohrs, and Kathleen Hall Jamieson. “Introduction to Form and Genre.” Methods of Rhetorical Criticism: A Twentieth Century Perspective. Eds. Bernard Brock, Robert L. Scott, and James W. Chesebro. Detroit: Wayne State University Press, 1990. 331-242.Conservapedia. “Liberal Hate Speech.” <http://www.conservapedia.com/Liberal_hate_speech>.Cvetkovich, Ann. Depression. Durham, NC: Duke University Press, 2012.Desmond-Harris, Jenna. “The Wave of Post-Election Hate Reportedly Sweeping the Nation, Explained.” Vox 17 Nov. 2016. <http://www.vox.com/2016/11/17/13639138/trump-hate-crimes-attacks-racism- xenophobia-islamophobia-schools>.Freud, Sigmund. “Group Psychology and the Analysis of the Ego.” Complete Psychological Works of Sigmund Freud Vol. XVIII: 1920-1922. Trans James Strachey. London: Vintage, 2001.———. Civilization and Its Discontents. Trans. James Strachey. 1930. <http://www.stephenhicks.org/wp-content/uploads/2015/10/FreudS-CIVILIZATION-AND-ITS-DISCONTENTS-text-final.pdf>.Gould, Deborah. “Affect and Protest.” Political Emotions. Eds. Janet Staiger, Anne Cvetkovich, Ann Reynolds. New York: Routledge, 2010.Gourarie, Chava. “How the Alt-Right Checkmated the Media.” Columbia Journalism Review 30 Aug. 2016. <http://www.cjr.org/analysis/alt_right_media_clinton_trump.php>.Hardt, Michael. “For Love or Money.” Cultural Anthropology 26. 4 (2011): 676-82.hooks, bell. All about Love: New Visions. New York: Harper Collins, 2001. Horowitz, David. “Anti-White Racism: The Hate That Dares Not Speak Its Name.” Breitbart News 26 Apr. 2016. <http://www.breitbart.com/big-journalism/2016/04/26/anti-white-racism-hate-dares-not-speak-name-2/>.Hume, David. A Treatise of Human Nature: Being an Attempt to Introduce the Experimental Method of Reasoning into Moral Subjects. London: Thomas and Joseph Allman, 1817.KCRW. “The Rise of Hate and the Right Wing.” <http://www.kcrw.com/news-culture/shows/press-play->.King, James. “This Year in Hate.” Vocativ 12 Dec. 2016. <http://www.vocativ.com/383234/hate-crime-donald-trump-alt-right-2016/>.Locke, John. A Letter Concerning Toleration. London: Huddersfield, 1796.Main, Thomas J. “What’s the Alt-Right?” Los Angeles Times 25 Aug. 2016. <http://www.latimes.com/opinion/op-ed/la-oe-main-alt-right-trump-20160825-snap-story.html>.Massumi, Brian. Parables for the Virtual: Movement, Affect, Sensation. Durham, NC: Duke University Press, 2002.Matsuda, Mari. Words That Wound: Critical Race Theory, Assaultive Speech, and the First Amendment. Westview Press 1993.Muehlebach, Andrea. “On Precariousness and the Ethical Imagination: The Year in Sociocultural Anthropology.” American Anthropologist 115. 2 (2013): 297-311.Neilson, Brett, and Ned Rossiter. “From Precarity to Precariousness and Back Again: Labour, Life and Unstable Networks.” Fibreculture 5 (2005). <http://five.fibreculturejournal.org/fcj-022-from-precarity-to-precariousness-and-back-again-labour-life-and-unstable-networks/1>.Ngai, Sianne. Ugly Feelings. Cambridge: Harvard University Press, 2005.Nussbaum, Martha. Political Emotions: Why Love Matters for Justice. Cambridge: Harvard University Press, 2013.Okeowo, Alexis. “Hate on the Rise after Trump’s Election.” New Yorker 17 Nov. 2016. <http://www.newyorker.com/news/news-desk/hate-on-the-rise-after-trumps-election>.Phillips, Angela. “Social Media Is Changing the Face of Politics—and It’s Not Good News.” The Conversation 9 Feb. 2016. <https://theconversation.com/social-media-is-changing-the-face-of-politics-and-its-not-goodnews-54266>.Reed, T.V. Digitized Lives: Culture, Power and Social Change in the Internet Era. New York: Routledge, 2014.Salvato, Nick. Obstructions. Durham, NC: Duke University Press, 2016.Sandoval, Chela. Methodology of the Oppressed. Minneapolis; Minnesota University Press, 2001. Sedgwick, Eve Kosofsky. Epistemology of the Closet. Berkeley: University of California Press, 1990.Sidahmed, Mazin. “Trump's Election Led to 'Barrage of Hate', Report Finds.” The Guardian 29 Nov. 2016. <https://www.theguardian.com/society/2016/nov/29/trump-related-hate-crimes-report-southern-poverty-law-center>.Stengers, Isabelle. “Wondering about Materialism.” The Speculative Turn: Continental Philosophy and Realism. Eds. Levi Bryant, Nick Srnicek, and Graham Harman. Melbourne: re.press, 2001. 368-380. Stewart, Kathleen. “Precarity’s Forms.” Cultural Anthropology 27.3 (2012): 518-525. Tett, Gillian. The Silo Effect: The Peril of Expertise and the Promise of Breaking. New York: Simon and Schuster, 2016.Turow, Joseph. The Daily You: How the New Advertising Industry Is Defining Your Identity and Your Worth. New Haven, CT: Yale University Press, 2011.Waldron, Jeremy. The Harm in Hate Speech. Cambridge: Harvard University Press. Wallace-Wells, Benjamin, “Is the Alt-Right for Real?” New Yorker 5 May 2016. <http://www.newyorker.com/news/benjamin-wallace-wells/is-the-alt-right-for-real>.Washington Times. “Editorial: The FBI Dumps a ‘Hate Group’.” 28 Mar. 2014. <http://www.washingtontimes.com/news/2014/mar/28/editorial-the-fbi-dumps-a-hate- group/>.Weisberg, Jacob. “The Alt-Right and a Deluge of Hate.” Slate 1 Nov. 2016. <http://www.slate.com/articles/podcasts/trumpcast/2016/11/how_the_alt_right_harassed_david_french_on_twitter_and_at_home.html>.Zeki, S., and J.P. Romaya. “Neural Correlates of Hate.” PLoS ONE 1.3 (2008). <http://dx.doi.org/10.1371/journal.pone.0003556>.Zizek, Slavoj. “Love as a Political Category.” Paper presented to the 6th Subversive Festival, 16 May 2013. <https://www.youtube.com/watch?v=b44IhiCuNw4>.

Borders seem to be dropping all around us. Interdisciplinary university curricula, international free trade, wireless broadband technologies—these and many other phenomena suggest a steady decline in the rigidity and quantity of borders delimiting social interactions. In response to this apparent loss of borders, critical scholars might point out that university hiring practices remain discipline-bound, international tariffs are widespread, and technological access is uneven. But even as this critical response points out the limited extent of border-loss, it still affirms the weakening of these borders. Since the 9/11 tragedy, the world has witnessed much fortification of national and cultural borders through essentializing discourses (epitomized by America’s “us versus them” response to terror). But can critical scholars, as affirmative as they are of the dissolution and the crossing of borders, also support the building of exclusionary national and cultural borders? More importantly, can this reasoning responsibly emerge from a postmodern or postcolonial perspective that both favors marginalized voices and recognizes the routinely violent excesses of nationalism? By considering the practice of hybridity within the context of international capitalism, I will argue that maintaining the “conditions of possibility” for hybridity, and thus, maintaining the possibility of resistance to essentializing discourses, requires the strategic reinforcement of national and cultural borders. Border-Crossing as Hybrid Practice The most critical aspect of hybridity in relation to culture is the hybrid’s position as border-crosser. Postmodern theory typically affirms individual instances of border-crossing, but its overall project in regards to boundaries is more comprehensive. Henri Giroux writes: …postmodernism constitutes a general attempt to transgress the borders sealed by modernism, to proclaim the arbitrariness of all boundaries, and to call attention to the sphere of culture as a shifting social and historical construction. (Border 55) The figure of the hybrid emerges in postcolonial discourses as the embodiment of this postmodern critique of borders. Hybrid identities such as Gloria Anzaldua’s “mestiza consciousness”—a hybrid of white, Indian, and Mexican identities—creates the possibility of resisting oppression because such multiplicity disavows the reductive and essentializing binaries that colonizers employ to maintain power (Anzaldua 892). By embracing these hybrid identities, colonized people thus affirm cultural differences in ways that resist essentialism and which conceive of these differences in ways that “are not identified with backwardness” (Martín-Barbero 352). In studying the border-crossing work of critical intellectual Paulo Freire, Giroux claims that border-crossing offers the hybrid the “opportunity for new subject positions, identities, and social relations that can produce resistance to and relief from the structures of domination and oppression” (“Paulo” 18). Prior to these claims, postcolonial theorist Homi Bhabha wrote that the “third space” of hybridity surfaces as an “ambivalence” toward colonial authority and as a “strategic reversal of the process of domination through disavowal” (34). But what if we take seriously Michael Hardt and Antonio Negri’s claim in their book, Empire, that postcolonial theory, with its acclaim of the subversive potential of the hybrid, is “entirely insufficient for theorizing contemporary global power”? Or what if we admit that, unfortunately, the postcolonial hybrid is nowhere near as successful or as efficient a border-crosser as corporations have become, corporations which have made their own successful ‘runs for the borders’ by colonizing the markets of nations across the globe? In what forms can the ambivalence and disavowal identified by Bhabha emerge when cultures are now being colonized, not by other cultures, but by the influence of corporations? In the context of this new state of empire, Hardt and Negri warn that traditional hybridity becomes “an empty gesture … or worse, these gestures risk reinforcing imperial power rather than challenging it” (216–17). But in a world where “the freedom of self-fashioning is often indistinguishable from the powers of an all-encompassing control,” how can scholars approve a program of aggressive national self-fashioning (Hardt 216)? Stanley Fish suggests one answer. In Professional Correctness, Fish states that only enterprises “bent on suicide” would fail to establish their “distinctiveness.” He writes: An enterprise acquires an identity by winning a space at the table of enterprises …. Within the space that has been secured, all questions, including questions on basic concepts, remain open. Nor are the boundaries between enterprises fixed and impermeable; negotiations on the borders go on continually, and at times border skirmishes can turn into large-scale territorial disputes (19) If we substitute the word “nations” or “cultures” here for “enterprises,” Fish’s text reminds us that the building of national and cultural borders is always at best a temporary event, and that ‘openness’ is only available within a “space that has [previously] been secured.” Although nations may risk many things when they resist colonization, cultural fixity is not one of them. Cultures can thus maintain distinctiveness from other cultures without giving up their aspirations to hybridity. Pragmatically, Fish might say, one needs to secure a space at the table before one can negotiate. Essentialist border-building is just such a pragmatic effort. Building Borders That Disavow Cultural turf and national turf are inseparable. In the idealistic American view of culture as a “melting pot,” cultural identity relinquishes its substance to a greater national identity. Especially in the wake of 9/11, nationalistic maintenance of identity has prompted a host of culturally-focused turf disputes ranging from the bombing of mosques to the deliberate dumping of French champagne. Such disputes reveal cultural antagonisms that emerge from essentializing discourses. In his speech to the United Nations only two months after the September 11th attack, President George W. Bush explicitly connected the willingness of countries to form a coalition against terror (and thus to accept the essentializing “us versus them” mentality) with the ability to maintain secure borders by stating “Some nations want to play their part in the fight against terror, but tell us they lack the means to enforce their laws and control their borders” (n.pag.). Clear and manageable borders are presented here as stabilizing influences that enable the war against terror. By maintaining Western economic and political interests, these borders appear to delimit a space most unlike the subversive hybrid space that Bhabha imagines. Although essentializing discourses naturally seem to threaten the space of hybridity, it is important here to recall Bhabha’s definition of hybridity as a “strategic reversal of the process of domination” (emphasis added). Gayatri Spivak reminds us that “it’s the idea of strategy that has been forgotten” in current critiques of essentialism (5). In fact, essentialism, properly situated, can be used as a strategy against essentialism. While Spivak warns that a “strategic use of essentialism can turn into an alibi for proselytizing academic essentialisms,” she more forcefully claims that the “strategic use of a positivist essentialism in a scrupulously visible political interest” is “something one cannot not use”; a strategy that is “unavoidably useful” (4, 5). For Spivak, the critical qualities of a strategic essentialism are its “self-conscious” use (i.e. its “scrupulously visible political interest”) and its ongoing “critique of the ‘fetish-character’” of its own master terms (3–4). Three short examples will serve to highlight this strategic use of border-building in service of “scrupulously visible political interests.” While Russians may have the distinction of being the first to turn a candy bar’s name (“Snickers”) into a swear word, there have been no more visible borders that disavow multinational capitalism than those in France. Predictably, the key sites of struggle are the traditional repositories of French high culture: art, language, and food. One highly visible effort in this struggle is the ten per cent cinema tax (which, based on American dominance in the industry, affects mainly American films), the revenue from which is used to subsidize French filmmaking. Also, the controversial 1997 Toubon Law built borders by establishing fines and even prison sentences for refusal to use French language in venues such as advertising; as did the 1999 “dismantling” of a McDonald’s restaurant by José Bové, a French sheep farmer protesting U.S. sanctions, the WTO, and “Americanization” in general (Gordon 23, 35). Two nations that erected “borders of disavowal” in regards to the war on terror are Turkey and the Philippines. In March of 2003, even after being offered $6 billion in aid from the U.S., Turkey refused to allow 62,000 U.S. troops to be deployed in Turkey to facilitate the war in Iraq (Lee). While Turkey did allow the U.S. the use of airbases for certain purposes, the refusal to allow U.S. troops to cross the Turkey-Iraq border marked a significant site of cultural resistance. Even after the Philippines accepted a $78 billion increase in military aid from the U.S. to fight terrorism, public outcry there forced the U.S. to remove its “active” military presence since it violated a portion of the Philippines’s constitution that banned combat by foreign soldiers on its soil. (Klein). Also significant here is the degree to which the negotiation of national and cultural borders is primarily a negotiation of capital. As The Nation reported: For [Philippine President Arroyo], the global antiterrorist campaign is first and foremost a business proposition, and she made this very clear when she emerged from her meeting with President Bush in Washington in November and boasted to Filipino reporters that "it's $4.6 billion, and counting.” (Bello) All of these examples reinforce cultural and national borders in order to resist domination by capital. In French Foreign Minister Védrine’s words, the “desire to preserve cultural diversity in the world is in no way a sign of anti-Americanism but of antihegemonism, a refusal of impoverishment” (qtd. in Gordon 30). This “refusal of impoverishment” is the accomplishment of identities that refuse to supplant culture with capital. As these examples show, borders need not simply reinforce existing power relations, but are sites of resistance as well. But Is This Turf Really Cultural? Can one legitimately refer to the examples of Turkey and the Philippines, as well as the web of forces that structure the interactions of all nations in a system of multinational capitalism, as being “cultural”? If the subtitle of Fredric Jameson’s book, Postmodernism: Or, the Cultural Logic of Late Capitalism, does not suggest strongly enough the particularly cultural turf of these systems, Jameson makes this explicit when he states that we have witnessed . . . a prodigious expansion of culture throughout the social realm, to the point at which everything in our social life—from economic value and state power to practices and to the very structure of the psyche itself—can be said to have become ”cultural.” (48). One of Jameson’s basic arguments in his second chapter is that “every position on postmodernism in culture . . . is also at one and the same time, and necessarily, an implicitly or explicitly political stance on the nature of multinational capitalism today” (3). I would like to transpose this statement somewhat by asserting that every position on culture in postmodernism is necessarily a political stance on the nature of multinational capitalism. Therefore, actions that negotiate cultural turf and modify national identities can be methods of influencing the contours of multinational capitalism. In other words, strategic border-building maintains the space of hybridity because it seeks to disavow the dominance of cultural turf by capital. Without such protectionist and essentializing efforts, the conditions of possibility for hybrid identities would be at the mercy of market forces. The pragmatic use of essentialism as a mode of resistance is a move one can imagine Fish would approve of, and that Hardt and Negri hint at the necessity of when they state: The creative forces that sustain Empire are also capable of autonomously constructing a counter-Empire, an alternative political organization of global flows and exchanges. The struggles to contest and subvert Empire, as well as those to construct a real alternative, will thus take place on the imperial terrain itself. (xv) Essentialism is admittedly one of the “creative forces that sustain Empire.” The dangers of struggling “on the imperial terrain itself” lie in not retaining the critical self-consciousness of one’s own strategies that Spivak argues for, and in not remaining mindful of the histories of genocide and tyranny that have accompanied much modern nationalism. In constructing a “counter-Empire,” cultures can resist both the seductions of aggressive nationalism and the homogenizing forces of multinational capitalism. The turf of hybridity provides a space from which to launch this counter-Empire, but this space may only exist between cultural identities, not between multiple versions of a homogenized consumer identity maintained by corporate influence. Nations should neither be afraid to rebuild self-consciously their cultural borders nor to act strategically to maintain their distinctiveness, despite postmodern theory’s acclamation of the dissolution of borders and political appeals for global solidarity against the terrorist ‘Other.’ In order to establish resistance in the context of international capitalism, the strategic disavowal necessary to hybridity may need to emerge as a disavowal of hybridity itself. Works Cited Anzaldua, Gloria. “Borderlands/La Frontera.” Literary Theory, An Anthology. Ed. Julie Rivkin and Michael Ryan. Malden: Blackwell, 2001. 887–902. Bello, Waldo. “A ‘Second Front’ in the Philippines.” The Nation 18 Mar. 2002. 16 Feb. 2004. <http://www.thenation.com/doc.mhtml?i=20020318&s=bello>. Bhabha, Homi. K. “Signs Taken for Wonders: Questions of Ambivalence and Authority Under a Tree Outside Delhi, May 1817.” The Postcolonial Studies Reader. Ed. Bill Ashcroft, et al. New York: Routledge, 1995. 29–35. Bush, George W. “President Bush Speaks to United Nations.” The White House. 11 Jan. 2004. <http://www.whitehouse.gov/news/releases/2001/11/20011110-3.php>. Fish, Stanley. Professional Correctness: Literary Studies and Political Change. Oxford: Clarendon Press, 1995. Giroux, Henry. Border Crossings: Cultural Workers and the Politics of Education. New York: Routledge, 1992. ---. “Paulo Freire and the Politics of Postcolonialism.” JAC 12.1 (1992): 15–26. Gordon, Philip H., and Sophie Meunier. “Globalization and French Cultural Identity.”French Politics, Culture, and Society 19.1 (2001): 22–41. Hardt, Michael, and Antonio Negri. Empire. Cambridge: Harvard UP, 2000. Jameson, Fredric. Postmodernism: Or, the Cultural Logic of Late Capitalism. Durham: Duke UP, 1991. Klein, Naomi. “Mutiny in Manila.” The Nation 1 Sep. 2003. 16 Feb. 2004. <http://www.thenation.com/doc.mhtml?i=20030901&s=klein>. Lee, Matthew. “Turkey’s Refusal Stuns U.S.” Common Dreams News Center. 1 Mar. 2003. 12 Jan. 2004. <http://www.commondreams.org/headlines03/0301-10.htm>. Martín-Barbero, Jésus. “The Processes: From Nationalisms to Transnationals.” Media and Cultural Studies: Keyworks. Ed. Meenakshi Gigi Durham and Douglas M. Kellner. Oxford: Blackwell, 2001. 351–84. Spivak, Gayatri Chakravorty. Outside in the Teaching Machine. New York: Routledge, 1993. Citation reference for this article MLA Style Mason's, Eric D. "Border-Building" M/C: A Journal of Media and Culture <http://www.media-culture.org.au/0403/03-border-building.php>. APA Style Mason's, E. (2004, Mar17). Border-Building. M/C: A Journal of Media and Culture, 7, <http://www.media-culture.org.au/0403/03-border-building.php>

One cannot use the Internet for long without encountering its many dead ends. Despite the adage that everything posted online stays there forever, users quickly discover how fleeting Web content can be. Whether it be the result of missing files, platform moderation, or simply bad code, the Internet constantly displaces its archival contents. Eventual decay is the fate of all digital media, as Wendy Hui Kyong Chun observed in a 2008 article. “Digital media is not always there”, she writes. “We suffer daily frustrations with digital sources that just disappear” (160). When the media content we seek is something trivial like a digitised vacation photo, our inability to retrieve it may merely disappoint us. But what happens when we lose access to Web content about significant cultural events, like viral misinformation about a school shooting? This question takes on great urgency as conspiracy content spreads online at baffling scale and unprecedented speed. Although conspiracy theories have long been a fixture of American culture, the contemporary Internet enables all manner of “information disorder” (Wardle and Derakhshan) to warp media coverage, sway public opinion, and even disrupt the function of government—as seen in the harrowing “Stop the Steal” attack on the U.S. Capitol on 6 January 2021, when rioters attempted to prevent Congress from verifying the results of the 2020 Presidential Election. Scholars across disciplines have sought to understand how conspiracy theories function within our current information ecosystem (Marwick and Lewis; Muirhead and Rosenblum; Phillips and Milner). Much contemporary research focusses on circulation, tracking how conspiracy theories and other types of misinformation travel from fringe Websites to mainstream news outlets such as the New York Times. While undoubtedly valuable, this emphasis on circulation provides an incomplete picture of online conspiracy theories’ lifecycle. How should scholars account for the afterlife of conspiracy content, such as links to conspiracy videos that get taken down for violating YouTube’s Community Guidelines? This and related questions about the dead ends of online conspiracy theorising are underexplored in the existing scholarly literature. This essay contends that the Internet’s tendency to decay ought to factor into our models of digital conspiracy theories. I focus on the phenomenon of malfunctional hyperlinks, one of the most common types of disrepair to which the Internet is prone. The product of so-called “link rot”, broken links would appear to signal an archival failure for online conspiracy theories. Yet recent work from rhetorical theorist Jenny Rice suggests that these broken hyperlinks instead function as a rhetorically potent archive in their own right. To understand this uncanny persuasive work, I draw from rhetorical theory to analyse broken links to conspiracy content on Reddit, the popular social news platform, surrounding the 2018 school shooting in Parkland, Florida, the worst high school shooting in American history. I show that broken links on the subreddit r/conspiracy, by virtue of their dysfunction, persuade conspiracy theorists that they possess “stigmatized knowledge” (Barkun 26) about the shooting that is being suppressed. Ultimately, I argue that link rot functions as a powerful source of evidence within digital conspiracy theories, imbuing broken links with enduring rhetorical force to validate marginalised belief systems. Link Rot—Archival Failure or Archival Possibility? As is suggested by the prefix ‘inter-’, connectivity has always been one of the Internet’s core functionalities. Indeed, the ability to hyperlink two different texts—and now images, videos, and other media—is so fundamental to navigating the Web that we often take these links for granted until they malfunction. In popular parlance, we then say we have clicked on a “broken” or “dead” link, and without proper care to prevent its occurrence, all URLs are susceptible to dying eventually (much like us mortals). This slow process of decay is known as “link rot”. The precise extent of link rot on the Internet is unknown—and likely unknowable, in practice if not principle—but multiple studies have been conducted to assess the degree of link rot in specific archives. One study from 2015 found that nearly 50% of the URLs cited in 406 library and information science journal articles published between 2008-2012 were no longer accessible (Kumar et al. 59). In the context of governmental Webpages, a 2010 study determined that while only 8% of the URLs sampled in 2008 had link rot, that number more than tripled to 28% of URLs with link rot when sampled only two years later (Rhodes 589-90). More recently, scholars from Harvard’s Berkman Klein Center for Internet and Society uncovered an alarming amount of link rot in the online archive of the New York Times, perhaps the most prominent newspaper in the United States: “25% of all links were completely inaccessible, with linkrot becoming more common over time – 6% of links from 2018 had rotted, as compared to 43% of links from 2008 and 72% of links from 1998” (Zittrain et al. 4). Taken together, these data indicate that link rot worsens over time, creating a serious obstacle for the study of Web-based phenomena. Link rot is particularly worrisome for researchers who study online misinformation (including digital conspiracy theories), because the associated links are often more vulnerable to removal due to content moderation or threats of legal action. How should scholars understand the function of link rot within digital conspiracy theories? If our academic focus is on how conspiracy theories circulate, these broken links might seem at best a roadblock to scholarly inquiry or at worst as totally insignificant or irrelevant. After all, users cannot access the material in question; they reach a dead end. Yet recent work by rhetoric scholar Jenny Rice suggests these dead ends might have enduring persuasive power. In her book Awful Archives: Conspiracy Rhetoric and Acts of Evidence, Rice argues that evidence is an “act rather than a thing” and that as a result, we ought to recalibrate what we consider an archive (12, original emphasis). For Rice, archives are more than simple aggregates of documents; instead, they are “ordinary and extraordinary experiences in public life that leave lasting, palpable residues, which then become our sources—our resources—for public discourse” (16-17). These “lasting, palpable residues” are deeply embodied, Rice maintains, for the evidence we gather is “always real in its reference, which is to a felt experience of proximities” (118). For conspiracy theorists in particular, an archive might evoke a profound sense of what Rice memorably describes as “Something intense, something real. Something off. Something fucked up. Something anomalous” (12, original emphasis). This is no less true when an archive fails to function as designed. Hence, for the remainder of this essay, I pivot to analysing how link rot functions within digital conspiracy theories about the 2018 school shooting in Parkland, Florida. As we will see, the shooting galvanised meaningful gun control activism via the March for Our Lives movement, but the event also quickly became fodder for proliferating conspiracy content. From Crisis to Crisis Actors: The Parkland Shooting and Its Aftermath On the afternoon of 14 February 2018, Nikolas Cruz entered his former high school, Marjory Stoneman Douglas, and murdered 17 people, including 14 students (Albright). While a horrific event, the Parkland shooting unfortunately marked merely the latest in a long line of similar tragedies in the United States, which has been punctuated by school shootings for decades. But the Parkland shooting stands out among the gruesome lineage of similar tragedies due to the profound resolve of its student-survivors, who agitated for gun policy reform through the March for Our Lives movement. In the weeks following the shooting, a group of Parkland students partnered with Everytown for Gun Safety, a non-profit organisation advocating for gun control, to coordinate a youth-led demonstration against gun violence. Held in the U.S. capitol of Washington, D.C. on 24 March 2018, the March for Our Lives protest was the largest demonstration against gun violence in American history (March for Our Lives). The protest drew around 200,000 participants to Washington; hundreds of thousands of protestors attended an estimated 800 smaller rallies held across the United States (CBS News). Furthermore, likeminded protestors across Europe, Asia, Africa, and Australia held allied events to show support for these American students’ cause (Russo). The broader March for Our Lives organisation developed out of the political demonstrations on 24 March 2018; four years later, March for Our Lives continues to be a major force in debates about gun violence in the United States. Although the Parkland shooting inspired meaningful gun control activism, it also quickly provoked a deluge of online conspiracy theories about the tragedy and the people involved, including the student-activists who survived the shooting and spearheaded March for Our Lives. This conspiracy content arrived at breakneck pace: according to an analysis by the Washington Post, the first conspiracy posts appeared on the platform 8chan a mere 47 minutes after the first news reports aired about the shooting (Timberg and Harwell). Later that day, Parkland conspiracy theories migrated from fringe haunts like 8chan to InfoWars, a mainstay of the conspiracy media circuit, where host/founder Alex Jones insinuated that the shooting could be a “false flag” event orchestrated by the Democratic Party (Media Matters Staff). Over the ensuing hours, days, weeks, and months, Parkland conspiracies continued to circulate, receiving mainstream news coverage when conversative activists and politicians publicly espoused conspiracy claims about the shooting (Arkin and Popken). Ultimately, the conspiracist backlash was so persistent and virulent throughout 2018 that PolitiFact, a fact-checking site run by the Poynter Institute, declared the Parkland conspiracy theories their 2018 “Lie of the Year” (Drobnic Holan and Sherman). As with many conspiracy theories, the Parkland conspiracies remixed novel information with longstanding conspiracist tropes. Predominantly, these theories alleged that the Parkland student-activists who founded March for Our Lives were being controlled by outside forces to do their bidding. Although conspiracy theorists diverged in who they named as the shadowy puppet master pulling the strings—was it the Democratic Party? George Soros? Someone else?—all agreed that a secretive agenda was afoot. The most extreme version of this theory held that David Hogg, X González, and other prominent March for Our Lives activists were “crisis actors”. This account envisions Hogg et al. as paid performers playing the part of angry and traumatised students for media coverage about a school shooting that either did not occur as reported or did not occur at all (Yglesias). While unnerving and callous, these crisis actor allegations are not new ideas; rather, they draw from a long history of loosely antisemitic “New World Order” conspiracy theories that see an ulterior motive behind significant historical events (Barkun 39-65). Parkland conspiracy theorists circulated a wide variety of media artifacts—anti-March for Our Lives memes, obscure blog posts, and manipulated video footage of the Parkland students, among other content—to propagate their crisis actor claims. But whether due to platform moderation, threat of legal action, or simply public pressure, much of this conspiracy material is now inaccessible, leaving behind only broken links to conspiracy content that once was. By closely examining these broken links through a rhetorical lens, we can trace the “lasting, palpable residues” (Rice 16) link rot leaves in its wake. “All part of the purge”: Parkland Link Rot on r/conspiracy In this final section, I use the tools of rhetorical analysis to demonstrate how link rot can function as a form of evidence for conspiracy theorists. Rhetorical analysis, when applied to digital infrastructure, requires that we expand our notion of rhetoric beyond intentional human persuasion. As James J. Brown, Jr. argues, digital infrastructure is rhetorical because it determines “what’s possible in a given space”, which may or may not involve human beings (99). Human intentionality still matters in many contexts, of course, but seeing digital infrastructure as a “possibility space” opens up productive new avenues for rhetorical inquiry (Brown, Jr. 72-99). This rhetorical perspective aligns with the method of “affordance analysis” derived from Science and Technology Studies and related fields, which investigates how technologies facilitate certain outcomes for users (Curinga). Much like an affordance analysis, my goal is to illustrate how broken links produce certain rhetorical effects, not to make broader empirical claims about the extent of link rot within Parkland conspiracy theories. The r/conspiracy page on Reddit, the popular social news platform, serves as an ideal site for conducting a rhetorical analysis of broken links. The r/conspiracy subreddit is a preeminent hub for digital conspiracy content, with nearly 1.7 million members as of March 2022 and thousands of active users viewing the site at any given time (r/conspiracy). Beyond its popularity, Reddit’s platform design makes link rot a common feature on r/conspiracy. As a forum-based social media platform, Reddit consists entirely of subreddits dedicated to various topics. In each subreddit, users generate and contribute to threads with relevant content, which often entails posting links to materials hosted elsewhere on the Internet. Importantly, Reddit allows each subreddit to set its own specific community rules for content moderation (so long as these rules themselves abide by Reddit’s general Content Policy), and unlike other profile-based social media platforms, Reddit allows anonymity through the use of pseudonyms. For all of these reasons, one finds a high frequency of link rot on r/conspiracy, as posts linking to external conspiracy media stay up even when the linked content itself disappears from the Web. Consider the following screenshot of an r/conspiracy Parkland post from 23 February 2018, a mere nine days after the Parkland shooting, which demonstrates what conspiracist link rot looks like on Reddit (fig. 1). Titling their thread “A compilation of anomalies from the Parkland shooting that the media won't address. The media wants to control the narrative. Feel free to use this if you find it helpful”, this unknown Redditor frames their post as an intervention against media suppression of suspicious details (“A compilation of anomalies”). Yet the archive this poster hoped to share with likeminded users has all but disintegrated—the poster’s account has been deleted (whether by will or force), and the promised “compilation of anomalies” no longer exists. Instead, the link under the headline sends users to a blank screen with the generic message “If you are looking for an image, it was probably deleted” (fig. 2). Fittingly, the links that the sole commenter assembled to support the original poster are also rife with link rot. Of the five links in the comment, only the first one works as intended; the other four videos have been removed from Google and YouTube, with corresponding error messages informing users that the linked content is inaccessible. Fig. 1: Parkland Link Rot on r/conspiracy. (As a precaution, I have blacked out the commenter’s username.) Fig. 2: Error message received when clicking on the primary link in Figure 1. Returning to Jenny Rice’s theory of “evidentiary acts” (173), how might the broken links in Figure 1 be persuasive despite their inability to transport users to the archive in question? For conspiracy theorists who believe they possess “stigmatized knowledge” (Barkun 26) about the Parkland shooting, link rot paradoxically serves as powerful validation of their beliefs. The unknown user who posted this thread alleges a media blackout of sorts, one in which “the media wants to control the narrative”. This claim, if true, would be difficult to verify. Interested users would have to scour media coverage of Parkland to assess whether the media have ignored the “compilation of anomalies” the poster insists they have uncovered and then evaluate the significance of those oddities. But link rot here produces a powerful evidentiary shortcut: the alleged “compilation of anomalies” cannot be accessed, seemingly confirming the poster’s claims to have secretive information about the Parkland shooting that the media wish to suppress. Indeed, what better proof of media censorship than seeing links to professed evidence deteriorate before your very eyes? In a strange way, then, it is through objective archival failure that broken links function as potent subjective evidence for Parkland conspiracy theories. Comments about Parkland link rot elsewhere on r/conspiracy further showcase how broken links can validate conspiracy theorists’ marginalised belief systems. For example, in a thread titled “Searching for video of Parkland shooting on bitchute”, a Redditor observes, “Once someone gives the link watch it go poof”, implying that links to conspiracy content disappear due to censorship by an unnamed force (“Searching for video”). That nearly everything else on this particular thread suffers from link rot—the original poster, the content of their post, and most of the other comments have since been deleted—seems only to confirm the commentor’s ominous prediction. In another thread about a since-deleted YouTube video supposedly “exposing” Parkland students as crisis actors, a user notes, “You can tell there’s an agenda with how quickly this video was removed by YouTube” (“Video Exposing”). Finally, in a thread dedicated to an alleged “Social Media Purge”, Redditors share strategies for combating link rot, such as downloading conspiracy materials and backing them up on external hard drives. The original poster warns their fellow users that even r/conspiracy is not safe from censorship, for removal of content about Parkland and other conspiracies is “all part of the purge” (“the coming Social Media Purge”). In sum, these comments suggest that link rot on r/conspiracy persuades users that their ideas and their communities are under threat, further entrenching their conspiratorial worldviews. I have argued in this article that link rot has a counterintuitive rhetorical effect: in generating untold numbers of broken links, link rot supplies conspiracy theorists with persuasive evidence for the validity of their beliefs. These and other dead ends on the Internet are significant yet understudied components of digital conspiracy theories that merit greater scholarly attention. Needless to say, I can only gesture here to the sheer scale of dead ends within online conspiracy communities on Reddit and elsewhere. Future research ought to trace other permutations of these dead ends, unearthing how they persuade users from beyond the Internet’s grave. References “A compilation of anomalies from the Parkland shooting that the media won't address. The media wants to control the narrative. Feel free to use this if you find it helpful.” Reddit. <https://www.reddit.com/r/conspiracy/comments/7ztc9l/a_compilation_of_anomalies_from_the_parkland/>. Albright, Aaron. “The 17 Lives Lost at Douglas High.” Miami Herald 21 Feb. 2018.<https://www.miamiherald.com/news/local/community/broward/article201139254.html>. Arkin, Daniel, and Ben Popken. “How the Internet’s Conspiracy Theorists Turned Parkland Students into ‘Crisis Actors’.” NBC News 21 Feb. 2018. <https://www.nbcnews.com/news/us-news/how-internet-s-conspiracy-theorists-turned-parkland-students-crisis-actors-n849921>. Barkun, Michael. A Culture of Conspiracy: Apocalyptic Visions in Contemporary America. 2nd ed. Berkeley: University of California Press, 2013. Brown, Jr., James J. Ethical Programs: Hospitality and the Rhetorics of Software. Ann Arbor: University of Michigan Press, 2015. CBS News. “How Many People Attended March for Our Lives? Crowd in D.C. Estimated at 200,000.” CBS News 25 Mar. 2018. <https://www.cbsnews.com/news/march-for-our-lives-crowd-size-estimated-200000-people-attended-d-c-march/>. Chun, Wendy Hui Kyong. “The Enduring Ephemeral, or the Future Is a Memory.” Critical Inquiry 35.1 (2008): 148-71. <https://www.jstor.org/stable/10.1086/595632>. Curinga, Matthew X. “Critical Analysis of Interactive Media with Software Affordances.” First Monday 19.9 (2014). <https://journals.uic.edu/ojs/index.php/fm/article/view/4757/4116>. Drobnic Holan, Angie, and Amy Sherman. “PolitiFact’s Lie of the Year: Online Smear Machine Tries to Take Down Parkland Students.” PolitiFact 11 Dec. 2018. <http://www.politifact.com/article/2018/dec/11/politifacts-lie-year-parkland-student-conspiracies/>. Kumar, D. Vinay, et al. “URLs Link Rot: Implications for Electronic Publishing.” World Digital Libraries 8.1 (2015): 59-66. March for Our Lives. “Mission and Story.” <https://marchforourlives.com/mission-story/>. Marwick, Alice, and Becca Lewis. Media Manipulation and Misinformation Online. Data & Society Research Institute, 2017. <https://datasociety.net/library/media-manipulation-and-disinfo-online/>. Media Matters Staff. “Alex Jones on Florida High School Shooting: It May Be a False Flag, and Democrats Are Suspects.” Media Matters for America 14 Feb. 2018. <https://www.mediamatters.org/alex-jones/alex-jones-florida-high-school-shooting-it-may-be-false-flag-and-democrats-are-suspects>. Muirhead, Russell, and Nancy L. Rosenblum. A Lot of People Are Saying: The New Conspiracism and the Assault on Democracy. Princeton: Princeton University Press, 2019. “I Posted A 4Chan Link a few days ago, that got deleted here, that mentions the coming Social Media Purge by a YouTube insider. Now we are seeing it happen.” Reddit. <https://www.reddit.com/r/conspiracy/comments/7zqria/i_posted_a_4chan_link_a_few_days_ago_that_got/>. Phillips, Whitney, and Ryan M. Milner. You Are Here: A Field Guide for Navigating Polarized Speech, Conspiracy Theories, and Our Polluted Media Landscape. Cambridge: MIT Press, 2021. r/conspiracy. Reddit. <https://www.reddit.com/r/conspiracy/>. Rhodes, Sarah. “Breaking Down Link Rot: The Chesapeake Project Legal Information Archive's Examination of URL Stability.” Law Library Journal 102. 4 (2010): 581-97. Rice, Jenny. Awful Archives: Conspiracy Theory, Rhetoric, and Acts of Evidence. Columbus: Ohio State UP, 2020. Russo, Carla Herreria. “The Rest of the World Showed Up to March for Our Lives.” Huffington Post 25 Mar. 2018. <https://www.huffpost.com/entry/world-protests-march-for-our-lives_n_5ab717f2e4b008c9e5f7eeca>. “Searching for video of Parkland shooting on bitchute.” Reddit. <https://www.reddit.com/r/conspiracy/comments/ddl1s8/searching_for_video_of_parkland_shooting_on/>. Timberg, Craig, and Drew Harwell. “We Studied Thousands of Anonymous Posts about the Parkland Attack – and Found a Conspiracy in the Making.” Washington Post 27 Feb. 2018. <https://www.washingtonpost.com/business/economy/we-studied-thousands-of-anonymous-posts-about-the-parkland-attack---and-found-a-conspiracy-in-the-making/2018/02/27/04a856be-1b20-11e8-b2d9-08e748f892c0_story.html>. “Video exposing David Hogg and Emma Gonzalez as crisis actors and other strange anomalies involving the parkland shooting.” Reddit. <https://www.reddit.com/r/conspiracy/comments/ae3xxp/video_exposing_david_hogg_and_emma_gonzalez_as/>. Wardle, Claire, and Hossein Derakhshan. Information Disorder: Toward and Interdisciplinary Framework for Research and Policymaking. Council of Europe, 2017. <https://rm.coe.int/information-disorder-toward-an-interdisciplinary-framework-for-researc/168076277c>. Yglesias, Matthew. “The Parkland Conspiracy Theories, Explained.” Vox 22 Feb. 2018. <https://www.vox.com/policy-and-politics/2018/2/22/17036018/parkland-conspiracy-theories>. Zittrain, Jonathan, et al. “The Paper of Record Meets an Ephemeral Web: An Examination of Linkrot and Content Drift within The New York Times.” Social Science Research Network 27 Apr. 2021. <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3833133>.

“As the old technologies become automatic and invisible, we find ourselves more concerned with fighting or embracing what’s new”—Dennis Baron, From Pencils to Pixels: The Stage of Literacy Technologies Popular music is firmly rooted within realist practice, or what has been called the "culture of authenticity" associated with modernism. As Lawrence Grossberg notes, the accelleration of the rate of change in modern life caused, in post-war youth culture, an identity crisis or "lived contradiction" that gave rock (particularly) and popular music (generally) a peculiar position in regard to notions of authenticity. Grossberg places rock's authenticity within the "difference" it maintains from other cultural forms, and notes that its difference "can be justified aesthetically or ideologically, or in terms of the social position of the audiences, or by the economics of its production, or through the measure of its popularity or the statement of its politics" (205-6). Popular music scholars have not adequately addressed issues of authenticity and individuality. Two of the most important questions to be asked are: How is authenticity communicated in popular music? What is the site of the interpretation of authenticity? It is important to ask about sound, technology, about the attempt to understand the ideal and the image, the natural and artificial. It is these that make clear the strongest connections between popular music and contemporary culture. Popular music is a particularly appropriate site for the study of authenticity as a cultural category, for several reasons. For one thing, other media do not follow us, as aural media do, into malls, elevators, cars, planes. Nor do they wait for us, as a tape player paused and ready to play. What is important is not that music is "everywhere" but, to borrow from Vivian Sobchack, that it creates a "here" that can be transported anywhere. In fact, we are able to walk around enveloped by a personal aural environment, thanks to a Sony Walkman.1 Also, it is more difficult to shut out the aural than the visual. Closing one's ears does not entirely shut out sound. There is, additionally, the sense that sound and music are interpreted from within, that is, that they resonate through and within the body, and as such engage with one's self in a fashion that coincides with Charles Taylor's claim that the "ideal of authenticity" is an inner-directed one. It must be noted that authenticity is not, however, communicated only via music, but via text and image. Grossberg noted the "primacy of sound" in rock music, and the important link between music, visual image, and authenticity: Visual style as conceived in rock culture is usually the stage for an outrageous and self-conscious inauthenticity... . It was here -- in its visual presentation -- that rock often most explicitly manifested both an ironic resistance to the dominant culture and its sympathies with the business of entertainment ... . The demand for live performance has always expressed the desire for the visual mark (and proof) of authenticity. (208) But that relationship can also be reversed: Music and sound serve in some instances to provide the aural mark and proof of authenticity. Consider, for instance, the "tear" in the voice that Jensen identifies in Hank Williams's singing, and in that of Patsy Cline. For the latter, voicing, in this sense, was particularly important, as it meant more than a singing style, it also involved matters of self-identity, as Jensen appropriately associates with the move of country music from "hometown" to "uptown" (101). Cline's move toward a more "uptown" style involved her visual image, too. At a significant turning point in her career, Faron Young noted, Cline "left that country girl look in those western outfits behind and opted for a slicker appearance in dresses and high fashion gowns" (Jensen 101). Popular music has forged a link with visual media, and in some sense music itself has become more visual (though not necessarily less aural) the more it has engaged with industrial processes in the entertainment industry. For example, engagement with music videos and film soundtracks has made music a part of the larger convergence of mass media forms. Alongside that convergence, the use of music in visual media has come to serve as adjunct to visual symbolisation. One only need observe the increasingly commercial uses to which music is put (as in advertising, film soundtracks and music videos) to note ways in which music serves image. In the literature from a variety of disciplines, including communication, art and music, it has been argued that music videos are the visualisation of music. But in many respects the opposite is true. Music videos are the auralisation of the visual. Music serves many of the same purposes as sound does generally in visual media. One can find a strong argument for the use of sound as supplement to visual media in Silverman's and Altman's work. For Silverman, sound in cinema has largely been overlooked (pun intended) in favor of the visual image, but sound is a more effective (and perhaps necessary) element for willful suspension of disbelief. One may see this as well in the development of Dolby Surround Sound, and in increased emphasis on sound engineering among video and computer game makers, as well as the development of sub-woofers and high-fidelity speakers as computer peripherals. Another way that sound has become more closely associated with the visual is through the ongoing evolution of marketing demands within the popular music industry that increasingly rely on visual media and force image to the front. Internet technologies, particularly the WorldWideWeb (WWW), are also evidence of a merging of the visual and aural (see Hayward). The development of low-cost desktop video equipment and WWW publishing, CD-i, CD-ROM, DVD, and other technologies, has meant that visual images continue to form part of the industrial routine of the music business. The decrease in cost of many of these technologies has also led to the adoption of such routines among individual musicians, small/independent labels, and producers seeking to mimic the resources of major labels (a practice that has become considerably easier via the Internet, as it is difficult to determine capital resources solely from a WWW site). Yet there is another facet to the evolution of the link between the aural and visual. Sound has become more visual by way of its representation during its production (a representation, and process, that has largely been ignored in popular music studies). That representation has to do with the digitisation of sound, and the subsequent transformation sound and music can undergo after being digitised and portrayed on a computer screen. Once digitised, sound can be made visual in any number of ways, through traditional methods like music notation, through representation as audio waveform, by way of MIDI notation, bit streams, or through representation as shapes and colors (as in recent software applications particularly for children, like Making Music by Morton Subotnick). The impetus for these representations comes from the desire for increased control over sound (see Jones, Rock Formation) and such control seems most easily accomplished by way of computers and their concomitant visual technologies (monitors, printers). To make computers useful tools for sound recording it is necessary to employ some form of visual representation for the aural, and the flexibility of modern computers allows for new modes of predominately visual representation. Each of these connections between the aural and visual is in turn related to technology, for as audio technology develops within the entertainment industry it makes sense for synergistic development to occur with visual media technologies. Yet popular music scholars routinely analyse aural and visual media in isolation from one another. The challenge for popular music studies and music philosophy posed by visual media technologies, that they must attend to spatiality and context (both visual and aural), has not been taken up. Until such time as it is, it will be difficult, if not impossible, to engage issues of authenticity, because they will remain rootless instead of situated within the experience of music as fully sensual (in some cases even synaesthetic). Most of the traditional judgments of authenticity among music critics and many popular music scholars involve space and time, the former in terms of the movement of music across cultures and the latter in terms of history. None rely on notions of the "situatedness" of the listener or musicmaker in a particular aural, visual and historical space. Part of the reason for the lack of such an understanding arises from the very means by which popular music is created. We have become accustomed to understanding music as manipulation of sound, and so far as most modern music production is concerned such manipulation occurs as much visually as aurally, by cutting, pasting and otherwise altering audio waveforms on a computer screen. Musicians no more record music than they record fingering; they engage in sound recording. And recording engineers and producers rely less and less on sound and more on sight to determine whether a recording conforms to the demands of digital reproduction.2 Sound, particularly when joined with the visual, becomes a means to build and manipulate the environment, virtual and non-virtual (see Jones, "Sound"). Sound & Music As we construct space through sound, both in terms of audio production (e.g., the use of reverberation devices in recording studios) and in terms of everyday life (e.g., perception of aural stimuli, whether by ear or vibration in the body, from points surrounding us), we centre it within experience. Sound combines the psychological and physiological. Audio engineer George Massenburg noted that in film theaters: You couldn't utilise the full 360-degree sound space for music because there was an "exit sign" phenomena [sic]. If you had a lot of audio going on in the back, people would have a natural inclination to turn around and stare at the back of the room. (Massenburg 79-80) However, he went on to say, beyond observations of such reactions to multichannel sound technology, "we don't know very much". Research in psychoacoustics being used to develop virtual audio systems relies on such reactions and on a notion of human hardwiring for stimulus response (see Jones, "Sense"). But a major stumbling block toward the development of those systems is that none are able to account for individual listeners' perceptions. It is therefore important to consider the individual along with the social dimension in discussions of sound and music. For instance, the term "sound" is deployed in popular music to signify several things, all of which have to do with music or musical performance, but none of which is music. So, for instance, musical groups or performers can have a "sound", but it is distinguishable from what notes they play. Entire music scenes can have "sounds", but the music within such scenes is clearly distinct and differentiated. For the study of popular music this is a significant but often overlooked dimension. As Grossberg argues, "the authenticity of rock was measured by its sound" (207). Visually, he says, popular music is suspect and often inauthentic (sometimes purposefully so), and it is grounded in the aural. Similarly in country music Jensen notes that the "Nashville Sound" continually evoked conflicting definitions among fans and musicians, but that: The music itself was the arena in and through which claims about the Nashville Sound's authenticity were played out. A certain sound (steel guitar, with fiddle) was deemed "hard" or "pure" country, in spite of its own commercial history. (84) One should, therefore, attend to the interpretive acts associated with sound and its meaning. But why has not popular music studies engaged in systematic analysis of sound at the level of the individual as well as the social? As John Shepherd put it, "little cultural theoretical work in music is concerned with music's sounds" ("Value" 174). Why should this be a cause for concern? First, because Shepherd claims that sound is not "meaningful" in the traditional sense. Second, because it leads us to re-examine the question long set to the side in popular music studies: What is music? The structural homology, the connection between meaning and social formation, is a foundation upon which the concept of authenticity in popular music stands. Yet the ability to label a particular piece of music "good" shifts from moment to moment, and place to place. Frith understates the problem when he writes that "it is difficult ... to say how musical texts mean or represent something, and it is difficult to isolate structures of musical creation or control" (56). Shepherd attempts to overcome this difficulty by emphasising that: Music is a social medium in sound. What [this] means ... is that the sounds of music provide constantly moving and complex matrices of sounds in which individuals may invest their own meanings ... [however] while the matrices of sounds which seemingly constitute an individual "piece" of music can accommodate a range of meanings, and thereby allow for negotiability of meaning, they cannot accommodate all possible meanings. (Shepherd, "Art") It must be acknowledged that authenticity is constructed, and that in itself is an argument against the most common way to think of authenticity. If authenticity implies something about the "pure" state of an object or symbol then surely such a state is connected to some "objective" rendering, one not possible according to Shepherd's claims. In some sense, then, authenticity is autonomous, its materialisation springs not from any necessary connection to sound, image, text, but from individual acts of interpretation, typically within what in literary criticism has come to be known as "interpretive communities". It is not hard to illustrate the point by generalising and observing that rock's notion of authenticity is captured in terms of songwriting, but that songwriters are typically identified with places (e.g. Tin Pan Alley, the Brill Building, Liverpool, etc.). In this way there is an obvious connection between authenticity and authorship (see Jones, "Popular Music Studies") and geography (as well in terms of musical "scenes", e.g. the "Philly Sound", the "Sun Sound", etc.). The important thing to note is the resultant connection between the symbolic and the physical worlds rooted (pun intended) in geography. As Redhead & Street put it: The idea of "roots" refers to a number of aspects of the musical process. There is the audience in which the musician's career is rooted ... . Another notion of roots refers to music. Here the idea is that the sounds and the style of the music should continue to resemble the source from which it sprang ... . The issue ... can be detected in the argument of those who raise doubts about the use of musical high-technology by African artists. A final version of roots applies to the artist's sociological origins. (180) It is important, consequently, to note that new technologies, particularly ones associated with the distribution of music, are of increasing importance in regulating the tension between alienation and progress mentioned earlier, as they are technologies not simply of musical production and consumption, but of geography. That the tension they mediate is most readily apparent in legal skirmishes during an unsettled era for copyright law (see Brown) should not distract scholars from understanding their cultural significance. These technologies are, on the one hand, "liberating" (see Hayward, Young, and Marsh) insofar as they permit greater geographical "reach" and thus greater marketing opportunities (see Fromartz), but on the other hand they permit less commercial control, insofar as they permit digitised music to freely circulate without restriction or compensation, to the chagrin of copyright enthusiasts. They also create opportunities for musical collaboration (see Hayward) between performers in different zones of time and space, on a scale unmatched since the development of multitracking enabled the layering of sound. Most importantly, these technologies open spaces for the construction of authenticity that have hitherto been unavailable, particularly across distances that have largely separated cultures and fan communities (see Paul). The technologies of Internetworking provide yet another way to make connections between authenticity, music and sound. Community and locality (as Redhead & Street, as well as others like Sara Cohen and Ruth Finnegan, note) are the elements used by audience and artist alike to understand the authenticity of a performer or performance. The lived experience of an artist, in a particular nexus of time and space, is to be somehow communicated via music and interpreted "properly" by an audience. But technologies of Internetworking permit the construction of alternative spaces, times and identities. In no small way that has also been the situation with the mediation of music via most recordings. They are constructed with a sense of space, consumed within particular spaces, at particular times, in individual, most often private, settings. What the network technologies have wrought is a networked audience for music that is linked globally but rooted in the local. To put it another way, the range of possibilities when it comes to interpretive communities has widened, but the experience of music has not significantly shifted, that is, the listener experiences music individually, and locally. Musical activity, whether it is defined as cultural or commercial practice, is neither flat nor autonomous. It is marked by ever-changing tastes (hence not flat) but within an interpretive structure (via "interpretive communities"). Musical activity must be understood within the nexus of the complex relations between technical, commercial and cultural processes. As Jensen put it in her analysis of Patsy Cline's career: Those who write about culture production can treat it as a mechanical process, a strategic construction of material within technical or institutional systems, logical, rational, and calculated. But Patsy Cline's recording career shows, among other things, how this commodity production view must be linked to an understanding of culture as meaning something -- as defining, connecting, expressing, mattering to those who participate with it. (101) To achieve that type of understanding will require that popular music scholars understand authenticity and music in a symbolic realm. Rather than conceiving of authenticity as a limited resource (that is, there is only so much that is "pure" that can go around), it is important to foreground its symbolic and ever-changing character. Put another way, authenticity is not used by musician or audience simply to label something as such, but rather to mean something about music that matters at that moment. Authenticity therefore does not somehow "slip away", nor does a "pure" authentic exist. Authenticity in this regard is, as Baudrillard explains concerning mechanical reproduction, "conceived according to (its) very reproducibility ... there are models from which all forms proceed according to modulated differences" (56). Popular music scholars must carefully assess the affective dimensions of fans, musicians, and also record company executives, recording producers, and so on, to be sensitive to the deeply rooted construction of authenticity and authentic experience throughout musical processes. Only then will there emerge an understanding of the structures of feeling that are central to the experience of music. Footnotes For analyses of the Walkman's role in social settings and popular music consumption see du Gay; Hosokawa; and Chen. It has been thus since the advent of disc recording, when engineers would watch a record's grooves through a microscope lens as it was being cut to ensure grooves would not cross over one into another. References Altman, Rick. "Television/Sound." Studies in Entertainment. Ed. Tania Modleski. Bloomington: Indiana UP, 1986. 39-54. Baudrillard, Jean. Symbolic Death and Exchange. London: Sage, 1993. Brown, Ronald. Intellectual Property and the National Information Infrastructure: The Report of the Working Group on Intellectual Property Rights. Washington, DC: U.S. Department of Commerce, 1995. Chen, Shing-Ling. "Electronic Narcissism: College Students' Experiences of Walkman Listening." Annual meeting of the International Communication Association. Washington, D.C. 1993. Du Gay, Paul, et al. Doing Cultural Studies. London: Sage, 1997. Frith, Simon. Sound Effects. New York: Pantheon, 1981. Fromartz, Steven. "Starts-ups Sell Garage Bands, Bowie on Web." Reuters newswire, 4 Dec. 1996. Grossberg, Lawrence. We Gotta Get Out of This Place. London: Routledge, 1992. Hayward, Philip. "Enterprise on the New Frontier." Convergence 1.2 (Winter 1995): 29-44. Hosokawa, Shuhei. "The Walkman Effect." Popular Music 4 (1984). Jensen, Joli. The Nashville Sound: Authenticity, Commercialisation and Country Music. Nashville, Vanderbilt UP, 1998. Jones, Steve. Rock Formation: Music, Technology and Mass Communication. Newbury Park, CA: Sage, 1992. ---. "Popular Music Studies and Critical Legal Studies" Stanford Humanities Review 3.2 (Fall 1993): 77-90. ---. "A Sense of Space: Virtual Reality, Authenticity and the Aural." Critical Studies in Mass Communication 10.3 (Sep. 1993), 238-52. ---. "Sound, Space & Digitisation." Media Information Australia 67 (Feb. 1993): 83-91. Marrsh, Brian. "Musicians Adopt Technology to Market Their Skills." Wall Street Journal 14 Oct. 1994: C2. Massenburg, George. "Recording the Future." EQ (Apr. 1997): 79-80. Paul, Frank. "R&B: Soul Music Fans Make Cyberspace Their Meeting Place." Reuters newswire, 11 July 1996. Redhead, Steve, and John Street. "Have I the Right? Legitimacy, Authenticity and Community in Folk's Politics." Popular Music 8.2 (1989). Shepherd, John. "Art, Culture and Interdisciplinarity." Davidson Dunston Research Lecture. Carleton University, Canada. 3 May 1992. ---. "Value and Power in Music." The Sound of Music: Meaning and Power in Culture. Eds. John Shepherd and Peter Wicke. Cambridge: Polity, 1993. Silverman, Kaja. The Acoustic Mirror. Bloomington: Indiana UP, 1988. Sobchack, Vivian. Screening Space. New York: Ungar, 1982. Young, Charles. "Aussie Artists Use Internet and Bootleg CDs to Protect Rights." Pro Sound News July 1995. Citation reference for this article MLA style: Steve Jones. "Seeing Sound, Hearing Image: 'Remixing' Authenticity in Popular Music Studies." M/C: A Journal of Media and Culture 2.4 (1999). [your date of access] <http://www.uq.edu.au/mc/9906/remix.php>. Chicago style: Steve Jones, "Seeing Sound, Hearing Image: 'Remixing' Authenticity in Popular Music Studies," M/C: A Journal of Media and Culture 2, no. 4 (1999), <http://www.uq.edu.au/mc/9906/remix.php> ([your date of access]). APA style: Steve Jones. (1999) Seeing Sound, Hearing Image: "Remixing" Authenticity in Popular Music Studies. M/C: A Journal of Media and Culture 2(4). <http://www.uq.edu.au/mc/9906/remix.php> ([your date of access]).

The advent of the #MeToo movement and the scale of participation in 85 countries (Gill and Orgad; see Google Trends) has greatly expanded debate about the revival of feminism (Winch Littler and Keeler) and the contribution of digital media to a “reconfiguration” of feminism (Jouet). Insofar as these campaigns are concerned with sexual harassment and related forms of sexual abuse, the longer history of sexual harassment in which this practice was named by women’s movement activists in the 1970s has gone largely unremarked except in the broad sense of the recharging or “techno-echo[es]” (Jouet) of earlier “waves” of feminism. However, #MeToo and its companion movement #TimesUp, and its fighting fund timesupnow.org, stemmed directly from the allegations in 2017 against the media mogul Harvey Weinstein by Hollywood professionals and celebrities. The naming of prominent, powerful men as harassers and the celebrity sphere of activism have become features of #MeToo that warrant comparison with the naming of sexual harassment in the earlier era of feminism.While the practices it named were not new, the term “sexual harassment” was new, and it became a defining issue in second wave feminism that was conceptualised within the continuum of sexual violence. I outline this history, and how it transformed the private, individual experiences of many women into a shared public consciousness about sexual coercion in the workplace, and some of the debate that this generated within the women’s movement at the time. It offers scope to compare the threshold politics of naming names in the 21st century, and its celebrity vanguard which has led to some ambivalence about the lasting impact. For Kathy Davis (in Zarkov and Davis), for instance, it is atypical of the collective goals of second wave feminism.In comparing the two eras, Anita Hill’s claims against Clarence Thomas in the early 1990s is a bridging incident. It dates from closer to the time in which sexual harassment was named, and Hill’s testimony is now recognised as a prototype of the kinds of claims made against powerful men in the #MeToo era. Lauren Berlant’s account of “Diva Citizenship”, formulated in response to Hill’s testimony to the US Senate, now seems prescient of the unfolding spectacle of feminist subjectivities in the digital public sphere and speaks directly to the relation between individual and collective action in making lasting change. The possibility of change, however, descends from the intervention of the women’s movement in naming sexual harassment.The Name Is AllI found my boss in a room ... . He was alone ... . He greeted me ... touched my hair and ... said ... “Come, Ruth, sit down here.” He motioned to his knee. I felt my face flush. I backed away towards the door ... . Then he rose ... and ... put his hand into his pocket, took out a roll of bills, counted off three dollars, and brought it over to me at the door. “Tell your father,” he said, “to find you a new shop for tomorrow morning.” (Cohen 129)Sexual coercion in the workplace, such as referred to in this workplace novel published in 1918, was spoken about among women in subcultures and gossip long before it was named as sexual harassment. But it had no place in public discourse. Women’s knowledge of sexual harassment coalesced in an act of naming that is reputed to have occurred in a consciousness raising group in New York at the height of the second wave women’s movement. Lin Farley lays claim to it in her book, Sexual Shakedown, first published in 1978, in describing the coinage of the term from a workshop on women and work in 1974 at Cornell University. The group of participants was made up, she says, of near equal numbers of black and white women with “economic backgrounds ranging from very affluent to poor” (11). She describes how, “when we had finished, there was an unmistakable pattern to our employment ... . Each one of us had already quit or been fired from a job at least once because we had been made too uncomfortable by the behaviour of men” (11–12). She claims to have later devised the term “sexual harassment” in collaboration with others from this group (12).The naming of sexual harassment has been described as a kind of “discovery” (Leeds TUCRIC 1) and possibly “the only concept of sexual violence to be labelled by women themselves” (Hearn et al. 20). Not everyone agrees that Farley’s group first coined the term (see Herbert 1989) and there is some evidence that it was in use from the early 1970s. Catherine Mackinnon accredits its first use to the Working Women United Institute in New York in connection with the case of Carmita Wood in 1975 (25). Yet Farley’s account gained authority and is cited in several other contemporary radical feminist works (for instance, see Storrie and Dykstra 26; Wise and Stanley 48), and Sexual Shakedown can now be listed among the iconic feminist manifestoes of the second wave era.The key insight of Farley’s book was that sexual coercion in the workplace was more than aberrant behaviour by individual men but was systemic and organised. She suggests how the phrase sexual harassment “is the first verbal description of women’s feelings about this behaviour and it unstintingly conveys a negative perception of male aggression in the workplace” (32). Others followed in seeing it as organised expression of male power that functions “to keep women out of non-traditional occupations and to reinforce their secondary status in the workplace” (Pringle 93), a wisdom that is now widely accepted but seemed radical at the time.A theoretical literature on sexual harassment grew rapidly from the 1970s in which the definition of sexual harassment was a key element. In Sexual Shakedown, Farley defines it with specific connection to the workplace and a woman’s “function as worker” (33). Some definitions attempted to cover a range of practices that “might threaten a woman’s job security or create a stressful or intimidating working environment” ranging from touching to rape (Sedley and Benn 6). In the wider radical feminist discussion, sexual harassment was located within the “continuum of sexual violence”, a paradigm that highlighted the links between “every day abuses” and “less common experiences labelled as crimes” (Kelly 59). Accordingly, it was seen as a diminished category of rape, termed “little rape” (Bularzik 26), or a means whereby women are “reminded” of the “ever present threat of rape” (Rubinstein 165).The upsurge of research and writing served to document the prevalence and history of sexual harassment. Radical feminist accounts situated the origins in the long-standing patriarchal assumption that economic responsibility for women is ultimately held by men, and how “women forced to earn their own living in the past were believed to be defenceless and possibly immoral” (Rubinstein 166). Various accounts highlighted the intersecting effects of racism and sexism in the experience of black women, and women of colour, in a way that would be now termed intersectional. Jo Dixon discussed black women’s “least advantaged position in the economy coupled with the legacy of slavery” (164), while, in Australia, Linda Rubinstein describes the “sexual exploitation of aboriginal women employed as domestic servants on outback stations” which was “as common as the better documented abuse of slaves in the American South” (166).In The Sexual Harassment of Working Women, Catherine Mackinnon provided a pioneering legal argument that sexual harassment was a form of sex discrimination. She defined two types: the quid pro quo, when “sexual compliance is exchanged, or proposed to be exchanged, for an employment opportunity” (32); and sexual harassment as a “persistent condition of work” that “simply makes the work environment unbearable” (40). Thus the feminist histories of sexual harassment became detailed and strategic. The naming of sexual harassment was a moment of relinquishing women’s experience to the gaze of feminism and the bureaucratic gaze of the state, and, in the legal interventions that followed, it ceased to be exclusively a feminist issue.In Australia, a period of bureaucratisation and state intervention commenced in the late 1970s that corresponded with similar legislative responses abroad. The federal Sex Discrimination Act was amended in 1984 to include a definition of sexual harassment, and State and Territory jurisdictions also framed legislation pertaining to sexual harassment (see Law Council of Australia). The regimes of redress were linked with Equal Opportunity and Affirmative Action frameworks and were of a civil order. Under the law, there was potential for employers to be found vicariously liable for sexual harassment.In the women’s movement, legislative strategies were deemed reformist. Radical and socialist feminists perceived the de-gendering effects of these policies in the workplace that risked collusion with the state. Some argued that naming and defining sexual harassment denies that women constantly deal with a range of harassment anywhere, not only in the workplace (Wise and Stanley 10); while others argued that reformist approaches effectively legitimate other forms of sex discrimination not covered by legislation (Game and Pringle 290). However, in feminism and in the policy realm, the debate concerned sexual harassment in the general workplace. In contrast to #MeToo, it was not led by celebrity voices, nor galvanised by incidents in the sphere of entertainment, nor, by and large, among figures of public office, except for a couple of notable exceptions, including Anita Hill.The “Spectacle of Subjectivity” in the “Scene of Public Life”Through the early 1990s as an MA candidate at the University of Queensland, I studied media coverage of sexual harassment cases, clipping newspapers and noting electronic media reports on a daily basis. These mainly concerned incidents in government sector workplaces or small commercial enterprises. While the public prominence of the parties involved was not generally a factor in reportage, occasionally, prominent individuals were affected, such as the harassment of the athlete Michelle Baumgartner at the Commonwealth Games in 1990 which received extensive coverage but the offenders were never publicly named or disciplined. Two other incidents stand out: the Ormond College case at the University of Melbourne, about which much has been written; and Anita Hill’s claims against Clarence Thomas during his nomination to the US Supreme Court in 1991.The spectacle of Hill’s testimony to the US Senate is now an archetype of claims against powerful men, although, at the time, her credibility was attacked and her dignified presentation was criticised as “too composed. Too cool. Too censorious” (Legge 31). Hill was also seen to counterpose the struggles of race and gender, and Thomas himself famously described it as “a hi-tech lynching of an uppity black” (qtd in Stephens 1). By “hi-tech”, Thomas alluded to the occasion of the first-ever live national broadcast of the United States Senate hearings in which Hill’s claims were aired directly to the national public, and re-broadcast internationally in news coverage. Thus, it was not only the claims but the scale and medium of delivery to a global audience that set it apart from other sexual harassment stories.Recent events have since prompted revisiting of the inequity of Hill’s treatment at the Senate hearings. But well before this, in an epic and polemical study of American public culture, Berlant reflected at length on the heroism of Hill’s “witnessing” as paradigmatic of citizenship in post-Reaganite America’s “shrinking” public sphere. It forms part of her much wider thesis regarding the “intimate public sphere” and the form of citizenship “produced by personal acts and values” (5) in the absence of a context that “makes ordinary citizens feel they have a common public culture, or influence on a state” (3), and in which the fundamental inequality of minority cultures is assumed. For Berlant, Hill’s testimony becomes the model of “Diva Citizenship”; the “strange intimacy” in which the Citizen Diva, “the subordinated person”, believes in the capacity of the privileged ones “to learn and to change” and “trust[s] ... their innocence of ... their obliviousness” of the system that has supported her subjugation (222–223). While Berlant’s thesis pertains to profound social inequalities, there is no mistaking the comparison to the digital feminist in the #MeToo era in the call to identify with her suffering and courage.Of Hill’s testimony, Berlant describes how: “a member of a stigmatised population testifies reluctantly to a hostile public the muted and anxious history of her imperiled citizenship” (222). It is an “act of heroic pedagogy” (223) which occurs when “a person stages a dramatic coup in a public sphere in which she does not have privilege” (223). In such settings, “acts of language can feel like explosives” and put “the dominant story into suspended animation” (223). The Diva Citizen cannot “change the world” but “challenges her audience” to identify with her “suffering” and the “courage she has had to produce” in “calling on people to change the practices of citizenship into which they currently consent” (223). But Berlant cautions that the strongest of Divas cannot alone achieve change because “remaking the scene of public life into a spectacle of subjectivity” can lead to “a confusion of ... memorable rhetorical performance with sustained social change itself” (223). Instead, she argues that the Diva’s act is a call; the political obligation for the action of change lies with the collective, the greater body politic.The EchoIf Acts of Diva Citizenship abound in the #MeToo movement, relations between the individual and the collective are in question in a number of ways. This suggests a basis of comparison between past and present feminisms which have come full circle in the renewed recognition of sexual harassment in the continuum of sexual violence. Compared with the past, the voices of #MeToo are arguably empowered by a genuine, if gradual, change in the symbolic status of women, and a corresponding destabilization of the images of male power since the second wave era of feminism. The one who names an abuser on Twitter symbolises a power of individual courage, backed by a responding collective voice of supporters. Yet there are concerns about who can “speak out” without access to social media or with the constraint that “the sanctions would be too great” (Zarkov and Davis). Conversely, the “spreadability” — as Jenkins, Ford and Green term the travelling properties of digital media — and the apparent relative ease of online activism might belie the challenge and courage of those who make the claims and those who respond.The collective voice is also allied with other grassroots movements like SlutWalk (Jouet), the women’s marches in the US against the Trump presidency, and the several national campaigns — in India and Egypt, for instance (Zarkov and Davis) — that contest sexual violence and gender inequality. The “sheer numbers” of participation in #MeToo testify to “the collectivity of it all” and the diversity of the movement (Gill and Orgad). If the #MeToo hashtag gained traction with the “experiences of white heterosexual women in the US”, it “quickly expanded” due to “broad and inclusive appeal” with stories of queer women and men and people of colour well beyond the Global North. Even so, Tarana Burke, who founded the #MeToo hashtag in 2006 in her campaign of social justice for working class women and girls of colour, and endorsed its adoption by Hollywood, highlights the many “untold stories”.More strikingly, #MeToo participants name the names of the alleged harassers. The naming of names, famous names, is threshold-crossing and as much the public-startling power of the disclosures as the allegations and stimulates newsworthiness in conventional media. The resonance is amplified in the context of the American crisis over the Trump presidency in the sense that the powerful men called out become echoes or avatars of Trump’s monstrous manhood and the urgency of denouncing it. In the case of Harvey Weinstein, the name is all. A figure of immense power who symbolised an industry, naming Weinstein blew away the defensive old Hollywood myths of “casting couches” and promised, perhaps idealistically, the possibility for changing a culture and an industrial system.The Hollywood setting for activism is the most striking comparison with second wave feminism. A sense of contradiction emerges in this new “visibility” of sexual harassment in a culture that remains predominantly “voyeuristic” and “sexist” (Karkov and Davis), and not least in the realm of Hollywood where the sexualisation of women workers has long been a notorious open secret. A barrage of Hollywood feminism has accompanied #MeToo and #TimesUp in the campaign for diversity at the Oscars, and the stream of film remakes of formerly all-male narrative films that star all-female casts (Ghostbusters; Oceans 11; Dirty, Rotten Scoundrels). Cynically, this trend to make popular cinema a public sphere for gender equality in the film industry seems more glorifying than subversive of Hollywood masculinities. Uneasily, it does not overcome those lingering questions about why these conditions were uncontested openly for so long, and why it took so long for someone to go public, as Rose McGowan did, with claims about Harvey Weinstein.However, a reading of She Said, by Jodie Kantor and Megan Tuohey, the journalists who broke the Weinstein story in the New York Times — following their three year efforts to produce a legally water-tight report — makes clear that it was not for want of stories, but firm evidence and, more importantly, on-the-record testimony. If not for their (and others’) fastidious journalism and trust-building and the Citizen Divas prepared to disclose their experiences publicly, Weinstein might not be convicted today. Yet without the naming of the problem of sexual harassment in the women’s movement all those years ago, none of this may have come to pass. Lin Farley can now be found on YouTube retelling the story (see “New Mexico in Focus”).It places the debate about digital activism and Hollywood feminism in some perspective and, like the work of journalists, it is testament to the symbiosis of individual and collective effort in the action of change. The tweeting activism of #MeToo supplements the plenum of knowledge and action about sexual harassment across time: the workplace novels, the consciousness raising, the legislation and the poster campaigns. In different ways, in both eras, this literature demonstrates that names matter in calling for change on sexual harassment. But, if #MeToo is to become the last long take on sexual harassment, then, as Berlant advocates, the responsibility lies with the body politic who must act collectively for change in ways that will last well beyond the courage of the Citizen Divas who so bravely call it on.ReferencesBerlant, Lauren. The Queen of America Goes to Washington City: Essays on Sex and Citizenship. 1997. Durham: Duke UP, 2002.Bularzik, Mary. “Sexual Harassment at the Workplace: Historical Notes.” Radical America 12.4 (1978): 25-43.Cohen, Rose. Out of the Shadow. NY: Doran, 1918.Dixon, Jo. “Feminist Reforms of Sexual Coercion Laws.” Sexual Coercion: A Sourcebook on Its Nature, Causes and Prevention. Eds. Elizabeth Grauerholz and Mary A. Karlewski. Massachusetts: Lexington, 1991. 161-171.Farley, Lin. Sexual Shakedown: The Sexual Harassment of Women in the Working World. London: Melbourne House, 1978.Game, Ann, and Rosemary Pringle. “Beyond Gender at Work: Secretaries.” Australian Women: New Feminist Perspectives. Melbourne: Oxford UP, 1986. 273–91.Gill, Rosalind, and Shani Orgad. “The Shifting Terrain of Sex and Power: From the ‘Sexualisation of Culture’ to #MeToo.” Sexualities 21.8 (2018): 1313–1324. <https://doi-org.elibrary.jcu.edu.au/10.1177/1363460718794647>.Google Trends. “Me Too Rising: A Visualisation of the Movement from Google Trends.” 2017–2020. <https://metoorising.withgoogle.com>.Hearn, Jeff, Deborah Shepherd, Peter Sherrif, and Gibson Burrell. The Sexuality of Organization. London: Sage, 1989.Herbert, Carrie. Talking of Silence: The Sexual Harassment of Schoolgirls. London: Falmer, 1989.Jenkins, Henry, Sam Ford, and Joshua Green. Spreadable Media: Creating Value and Meaning in a Networked Culture. New York: New York UP, 2013.Jouet, Josiane. “Digital Feminism: Questioning the Renewal of Activism.” Journal of Research in Gender Studies 8.1 (2018). 1 Jan. 2018. <http://dx.doi.org.elibrary.jcu.edu.au/10.22381/JRGS8120187>.Kantor, Jodi, and Megan Twohey. She Said: Breaking the Sexual Harassment Story That Helped Ignite a Movement. London: Bloomsbury, 2019.Kelly, Liz. “The Continuum of Sexual Violence.” Women, Violence, and Social Control. Eds. Jalna Hanmer and Mary Maynard. London: MacMillan, 1989. 46–60.Legge, Kate. “The Harassment of America.” Weekend Australian 19–20 Oct. 1991: 31.Mackinnon, Catherine. The Sexual Harassment of Working Women. New Haven: Yale UP, 1979.New Mexico in Focus, a Production of NMPBS. 26 Jan. 2018. <https://www.youtube.com/watch?v=LlO5PiwZk8U>.Pringle, Rosemary. Secretaries Talk. Sydney: Allen and Unwin, 1988.Rubinstein, Linda. “Dominance Eroticized: Sexual Harassment of Working Women.” Worth Her Salt. Eds. Margaret Bevege, Margaret James, and Carmel Shute. Sydney: Hale and Iremonger, 1982. 163–74.Sedley, Ann, and Melissa Benn. Sexual Harassment at Work. London: NCCL Rights for Women Unit, 1986.Stephens, Peter. “America’s Sick and Awful Farce.” Sydney Morning Herald 14 Oct. 1991: 1.Storrie, Kathleen, and Pearl Dykstra. “Bibliography on Sexual Harassment.” Resources for Feminist Research/Documentation 10.4 (1981–1982): 25–32.Wise, Sue, and Liz Stanley. Georgie Porgie: Sexual Harassment in Every Day Life. London: Pandora, 1987.Winch, Alison, Jo Littler, and Jessalyn Keller. “Why ‘Intergenerational Feminist Media Studies’?” Feminist Media Studies 16.4 (2016): 557–572. <https://doi.org/10.1080/14680777.2016.1193285>.Zarkov, Dubravka, and Kathy Davis. “Ambiguities and Dilemmas around #MeToo: #ForHowLong and #WhereTo?” European Journal of Women's Studies 25.1 (2018): 3–9. <https://doi.org/10.1177/1350506817749436>.

Photo by Sharon McCutcheon on Unsplash ABSTRACT COVID-19 highlighted a disproportionate impact upon marginalized communities that needs to be addressed. Specifically, a focus on equity rather than equality would better address and prevent the disparities seen in COVID-19. A distributive justice framework can provide this great benefit but will succeed only if the medical community engages in outreach, anti-racism measures, and listens to communities in need. INTRODUCTION COVID-19 disproportionately impacted communities of color and lower socioeconomic status, sparking political discussion about existing inequities in the US.[1] Some states amended their guidelines for allocating resources, including vaccines, to provide care for marginalized communities experiencing these inequities, but there has been no clear consensus on which guidelines states should amend or how they should be ethically grounded. In part, this is because traditional justice theories do not acknowledge the deep-seated institutional and interpersonal discrimination embedded in our medical system. Therefore, a revamped distributive justice approach that accounts for these shortcomings is needed to guide healthcare decision-making now and into the post-COVID era. BACKGROUND Three terms – health disparity, health inequities, and health equity – help frame the issue. A health disparity is defined as any difference between populations in terms of disease incidence or adverse health events, such as morbidity or mortality. In contrast, health inequities are health disparities due to avoidable systematic structures rooted in racial, social, and economic injustice.[2] For example, current data demonstrate that Black, Latino, Indigenous Americans, and those living in poverty suffer higher morbidity and mortality rates from COVID-19.[3] Finally, health equity is the opportunity for anyone to attain his or her full health potential without interference from systematic structures and factors that generate health inequities, including race, socioeconomic status, gender, ethnicity, religion, sexual orientation, or geography.[4] ANALYSIS Health inequities for people of color with COVID-19 have led to critiques of states that do not account for race in their resource allocation guidelines.[5] For example, the Massachusetts Department of Public Health revised its COVID-19 guidelines regarding resource allocation to patients with the best chance of short-term survival.[6] Critics have argued that this change addresses neither preexisting structural inequities nor provider bias that may have led to comorbidities and increased vulnerability to COVID-19. By failing to address race specifically, they argue the policy will perpetuate poorer outcomes in already marginalized groups. As the inequities in COVID-19 outcomes continue to be uncovered and the data continue to prove that marginalized communities suffered disproportionately, we, as healthcare providers, must reconsider our role in addressing the injustices. Our actions must be ethically grounded in the concept of justice. l. Primary Theories of Justice The principle of justice in medical ethics relates to how we ought to treat people and allocate resources. Multiple theories have emerged to explain how justice should be implemented, with three of the most prominent being egalitarianism, utilitarianism, and distributive. This paper argues that distributive justice is the best framework for remedying past actions and enacting systemic changes that may persistently prevent injustices. An egalitarian approach to justice states all individuals are equal and, therefore, should have identical access to resources. In the allocation of resources, an egalitarian approach would support a strict distribution of equal value regardless of one’s attributes or characteristics. Putting this theory into practice would place a premium on guidelines based upon first-come, first-served basis or random selection.[7] However, the egalitarian approach taken in the UK continues to worsen health inequities due to institutional and structural discrimination.[8] A utilitarian approach to justice emphasizes maximizing overall benefits and achieving the greatest good for the greatest number of people. When resources are limited, the utilitarian principle historically guides decision-making. In contrast to the egalitarian focus on equal distribution, utilitarianism focuses on managing distributions to maximize numerical outcomes. During the COVID-19 pandemic, guidelines for allocating resources had utilitarian goals like saving the most lives, which may prioritize the youthful and those deemed productive in society, followed by the elderly and the very ill. It is important to reconsider using utilitarian approaches as the default in the post-COVID healthcare community. These approaches fail to address past inequity, sacrificing the marginalized in their emphasis on the greatest amount of good rather than the type of good. Finally, a distributive approach to justice mandates resources should be allocated in a manner that does not infringe individual liberties to those with the greatest need. Proposed by John Rawls in a Theory of Justice, this approach requires accounting for societal inequality, a factor absent from egalitarianism and utilitarianism.[9] Naomi Zack elaborates how distributive justice can be applied to healthcare, outlining why racism is a social determinant of health that must be acknowledged and addressed.[10] Until there are parallel health opportunities and better alignment of outcomes among different social and racial groups, the underlying systemic social and economic variables that are driving the disparities must be fixed. As a society and as healthcare providers, we should be striving to address the factors that perpetuate health inequities. While genetics and other variables influence health, the data show proportionately more exposure, more cases, and more deaths in the Black American and Hispanic populations. Preexisting conditions and general health disparities are signs of health inequity that increased vulnerability. Distributive justice as a theoretical and applied framework can be applied to preventable conditions that increase vulnerability and can justify systemic changes to prevent further bias in the medical community. During a pandemic, egalitarian and utilitarian approaches to justice are prioritized by policymakers and health systems. Yet, as COVID-19 has demonstrated, they further perpetuate the death and morbidity of populations that face discrimination. These outcomes are due to policies and guidelines that overall benefit white communities over communities of color. Historically, US policy that looks to distribute resources equally (focusing on equal access instead of outcomes), in a color-blind manner, has further perpetuated poor outcomes for marginalized communities.[11] ll. Historical and Ongoing Disparities Across socio-demographic groups, the medical system exacerbates historical and current inequities. Members of marginalized races,[12] women,[13] LGBTQ people,[14] and poor people[15] experience trauma caused by discrimination, marginalization, and failure to access high-quality public and private goods. Through the unequal treatment of marginalized communities, these historic traumas continue. In the US, people of color do not receive equal and fair medical treatment. A meta-analysis found that Hispanics and Black Americans were significantly undertreated for pain compared to their white counterparts over the last 20 years.[16] This is partly due to provider bias. Through interviewing medical trainees, a study by the National Academy of Science found that half of medical students and residents harbored racist beliefs such as “Black people’s nerve endings are less sensitive than white people’s” or “Black people’s skin is thicker than white people’s skin.”[17] More than 3,000 Indigenous American women were coerced, threatened, and deliberately misinformed to ensure cooperation in forced sterilization.[18] Hispanic people have less support in seeking medical care, in receiving culturally appropriate care, and they suffer from the medical community’s lack of resources to address language barriers.[19] In the US, patients of different sexes do not receive the same quality of healthcare. Despite having greater health needs, middle-aged and older women are more likely to have fewer hospital stays and fewer physician visits compared to men of similar demographics and health risk profiles.[20] In the field of critical care, women are less likely to be admitted to the ICU, less likely to receive interventions such as mechanical ventilation, and more likely to die compared to their male ICU counterparts.[21] In the US, patients of different socioeconomic statuses do not receive the same quality of healthcare. Low-income patients are more likely to have higher rates of infant mortality, chronic disease, and a shorter life span.[22] This is partly due to the insurance-based discrimination in the medical community.[23] One in three deaths of those experiencing homelessness could have been prevented by timely and effective medical care. An individual experiencing homelessness has a life expectancy that is decades shorter than that of the average American.[24] lll. Action Needed: Policy Reform While steps need to be taken to provide equitable care in the current pandemic, including the allocation of vaccines, they may not address the historical failures of health policy, hospital policy, and clinical care to eliminate bias and ensure equal treatment of patients. According to an applied distributive justice framework, inequities must be corrected. Rather than focusing primarily on fair resource allocation, medicine must be actively anti-racist, anti-sexist, anti-transphobic, and anti-discriminatory. Evidence has shown that the health inequities caused by COVID-19 are smaller in regions that have addressed racial wealth gaps through forms of reparations.[25] Distributive justice calls for making up for the past using tools of allocation as well as tools to remedy persistent problems. For example, Brigham and Women’s Hospital in Boston, MA, began “Healing ARC,” a pilot initiative that involves acknowledgement, redress, and closure on an institutional level.[26] Acknowledgement entails informing patients about disparities at the hospital, claiming responsibility, and incorporating community ideas for redress. Redress involves a preferential admission option for Black and Hispanic patients to specialty services, especially cardiovascular services, rather than general medicine. Closure requires that community and patient stakeholders work together to ensure that a new system is in place that will continue to prioritize equity. Of note, redress could take the form of cash transfers, discounted or free care, taxes on nonprofit hospitals that exclude patients of color,[27] or race-explicit protocol changes (such as those being instituted by Brigham and Women’s Hospital that admit patients historically denied access to certain forms of medical care). In New York, for instance, the New York State Bar Association drafted the COVID-19 resolutions to ensure that emergency regulations and guidelines do not discriminate against communities of color, and even mandate that diverse patient populations be included in clinical trials.[28] Also, physicians must listen to individuals from marginalized communities to identify needs and ensure that community members take part in decision-making. The solution is not to simply build new health centers in communities of color, as this may lead to tiers of care. Rather, local communities should have a chance to impact existing hospital policy and should also use their political participation to further their healthcare interests. Distributive justice does not seek to disenfranchise groups that hold power in the system. It aims to transform the system so that those in power do not continue to obtain unfair benefits at the expense of others. The framework accounts for unjust historical oppression and current injustices in our system to provide equitable outcomes to all who access the system. In this vein, we can begin to address the flagrant disparities between communities that have always – and continue to – exist in healthcare today.[29] CONCLUSION As equality focuses on access, it currently fails to do justice. Instead of outcomes, it is time to focus on equity. A focus on equity rather than equality would better address and prevent the disparities seen in COVID-19. A distributive justice framework can gain traction in clinical decision-making guidelines and system-level reallocation of resources but will succeed only if the medical community engages in outreach, anti-racism measures, and listens to communities in need. There should be an emphasis on implementing a distributive justice framework that treats all patients equitably, accounts for historical harm, and focuses on transparency in allocation and public health decision-making. [1] APM Research Lab Staff. 2020. “The Color of Coronavirus: COVID-19 Deaths by Race and Ethnicity in the U.S.” APM Research Lab. https://www.apmresearchlab.org/covid/deaths-by-race. [2] Bharmal, N., K. P. Derose, M. Felician, and M. M. Weden. 2015. “Understanding the Upstream Social Determinants of Health.” California: RAND Corporation 1-18. https://www.rand.org/pubs/working_papers/WR1096.html. [3] Yancy, C. W. 2020. “COVID-19 and African Americans.” JAMA. 323 (19): 1891-2. https://doi.org/10.1001/jama.2020.6548; Centers for Disease Control and Prevention. 2020. “COVID-19 in Racial and Ethnic Health Disparities.” Centers for Disease Control and Prevention. https://www.cdc.gov/coronavirus/2019-ncov/community/health-equity/racial-ethnic-disparities/index.html. [4] Braveman, P., E. Arkin, T. Orleans, D. Proctor, and A. Plough. 2017. “What is Health Equity?” Robert Wood Johnson Foundation. https://www.rwjf.org/en/library/research/2017/05/what-is-health-equity-.html. [5] Bedinger, M. 2020 Apr 22. “After Uproar, Mass. Revises Guidelines on Who Gets an ICU Bed or Ventilator Amid COVID-19 Surge.” Wbur. https://www.wbur.org/commonhealth/2020/04/20/mass-guidelines-ventilator-covid-coronavirus; Wigglesworth, A. 2020 May 11. “Institutional Racism, Inequity Fuel High Minority Death Toll from Coronavirus, L.A. Officials Say.” Los Angeles Times. https://www.latimes.com/california/story/2020-05-11/institutional-racism-inequity-high-minority-death-toll-coronavirus. [6] Executive Office of Health and Human Services Department of Public Health. 2020 Oct 20. “Crises Standards of Care Planning and Guidance for the COVID-19 Pandemic.” Commonwealth of Massachusetts. https://www.mass.gov/doc/crisis-standards-of-care-planning-guidance-for-the-covid-19-pandemic. [7] Emanuel, E. J., G. Persad, R. Upshur, et al. 2020. “Fair Allocation of Scarce Medical Resources in the Time of Covid-19. New England Journal of Medicine 382: 2049-55. https://doi.org/10.1056/NEJMsb2005114. [8] Salway, S., G. Mir, D. Turner, G. T. Ellison, L. Carter, and K. Gerrish. 2016. “Obstacles to "Race Equality" in the English National Health Service: Insights from the Healthcare Commissioning Arena.” Social Science and Medicine 152: 102-110. https://doi.org/10.1016/j.socscimed.2016.01.031. [9] Rawls, J. A Theory of Justice (Revised Edition) (Cambridge, MA: Belknap Press of Harvard University Press, 1999). [10] Zack, N. Applicative Justice: A Pragmatic Empirical Approach to Racial Injustice (New York: The Rowman & Littlefield Publishing Group, 2016). [11] Charatz-Litt, C. 1992. “A Chronicle of Racism: The Effects of the White Medical Community on Black Health.” Journal of the National Medical Association 84 (8): 717-25. http://hdl.handle.net/10822/857182. [12] Washington, H. A. Medical Apartheid: The Dark History of Medical Experimentation on Black Americans from Colonial Times to the Present (New York: Doubleday, 2006). [13] d'Oliveira, A. F., S. G. Diniz, and L. B. Schraiber. 2002. “Violence Against Women in Health-care Institutions: An Emerging Problem.” Lancet. 359 (9318): 1681-5. https://doi.org/10.1016/S0140-6736(02)08592-6. [14] Hafeez, H., M. Zeshan, M. A. Tahir, N. Jahan, and S. Naveed. 2017. “Health Care Disparities Among Lesbian, Gay, Bisexual, and Transgender Youth: A Literature Review. Cureus 9 (4): e1184. https://doi.org/10.7759/cureus.1184; Drescher, J., A. Schwartz, F. Casoy, et al. 2016. “The Growing Regulation of Conversion Therapy.” Journal of Medical Regulation 102 (2): 7-12. https://doi.org/10.30770/2572-1852-102.2.7; Stroumsa, D. 2014. “The State of Transgender Health Care: Policy, Law, and Medical Frameworks.” American Journal of Public Health. 104 (3): e31-8. https://doi.org/10.2105/AJPH.2013.301789. [15] Stepanikova, I., and G. R. Oates. 2017. “Perceived Discrimination and Privilege in Health Care: The Role of Socioeconomic Status and Race.” American Journal of Preventative Medicine. 52 (1s1): S86-s94. https://doi.org/10.1016/j.amepre.2016.09.024; Swartz, K. “Health Care for the Poor: For Whom, What Care, and Whose Responsibility?” In Cancian, M., and S. Danziger (Eds.). Changing Poverty, Changing Policies (New York: Russell Sage Foundation Press, 2009), 69-74. [16] Meghani, S. H., E. Byun, and R. M. Gallagher. 2012. “Time to Take Stock: A Meta-analysis and Systematic Review of Analgesic Treatment Disparities for Pain in the United States.” Pain Medicine 13 (2): 150-74. https://doi.org/10.1111/j.1526-4637.2011.01310.x; Williams, D. R., and T. D. Rucker. 2000. “Understanding and Addressing Racial Disparities in Health Care.” Health Care Financing Review 21 (4): 75-90. https://scholar.harvard.edu/davidrwilliams/dwilliam/publications/understanding-and-addressing-racial-disparities-health. [17] Hoffman, K. M., S. Trawalter, J. R. Axt, and M. N. Oliver. 2016. “Racial Bias in Pain assessment and treatment recommendations, and false beliefs about biological Differences Between Blacks and Whites.” PNAS 113 (16): 4296-4301. https://doi.org/10.1073/pnas.1516047113. [18] Pacheco, C. M., S. M. Daley, T. Brown, M. Filipp, K. A. Greiner, and C. M. Daley. 2013. “Moving Forward: Breaking the Cycle of Mistrust Between American Indians and Researchers.” American Journal of Public Health. 103 (12): 2152-9. https://doi.org/10.2105/AJPH.2013.301480. [19] Velasco-Mondragon, E., A. Jimenez, A. G. Palladino-Davis, D. Davis, and J. A. Escamilla-Cejudo. 2016. “Hispanic Health in the USA: A Scoping Review of the Literature.” Public Health Reviews 37:31. https://doi.org/10.1186/s40985-016-0043-2. [20] Cameron, K. A., J. Song, L. M. Manheim, and D. D. Dunlop. 2010. “Gender Disparities in Health and Healthcare Use Among Older Adults.” Journal of Women’s Health (Larchmt) 19 (9): 1643-50. https://doi.org/10.1089/jwh.2009.1701. [21] Bierman, A. S. 2007. “Sex Matters: Gender Disparities in Quality and Outcomes of Care. Canadian Medical Association Journal 177 (12): 1520-1. https://doi.org/10.1503/cmaj.071541; Fowler, R. A., S. Sabur, P. Li, et al. 2007. “Sex-and Age-based Differences in the Delivery and Outcomes of Critical Care. Canadian Medical Association Journal 177 (12): 1513-9. https://doi.org/10.1503/cmaj.071112. [22] McLaughlin, D. K., and C. S. Stokes. 2002. “Income Inequality and Mortality in US Counties: Does Minority Racial Concentration Matter?” American Journal of Public Health 92 (1): 99-104. https://doi.org/.10.2105/ajph.92.1.99; Shea, S., J. Lima, A. Diez-Roux, N. W. Jorgensen, and R. L. McClelland. 2016. “Socioeconomic Status and Poor Health Outcome at 10 years of Follow-up in the Multi-ethnic Study of Atherosclerosis.” PLoS One 11 (11): e0165651. https://doi.org/10.1371/journal.pone.0165651. [23] Han, X., K. T. Call, J. K. Pintor, G. Alarcon-Espinoza, and A. B. Simon. 2015. “Reports of Insurance-based Discrimination in Health care and its Association with Access to Care.” American Journal of Public Health 105 Suppl 3 (Suppl 3): S517-25. https://doi.org/10.2105/AJPH.2015.302668. [24] Aldridge, R. W., D. Menezes, D. Lewer, et al. 2019. “Causes of Death Among Homeless People: A Population-based Cross-sectional Study of Linked Hospitalization and Mortality Data in England.” Wellcome Open Research 4:49. https://doi.org/10.12688/wellcomeopenres.15151.1. [25] Richardson, E. T., M. M. Malik, W. A. Darity Jr., et al. 2021. “Reparations for Black American Descendants of Persons Enslaved in the U.S. and their Potential Impact on SARS-CoV-2 Transmission.” Social Science and Medicine 276: 113741. https://doi.org/10.1016/j.socscimed.2021.113741. [26] Wispelwey, B., and M. Morse. 2021. “An Antiracist Agenda for Medicine.” Boston Review. http://bostonreview.net/science-nature-race/bram-wispelwey-michelle-morse-antiracist-agenda-medicine. [27] Johnson, S. F., A. Ojo, and H. J. Warraich. 2021. “Academic Health Centers’ Antiracism Strategies Must Extend to their Business Practices.” Annals of Internal Medicine 174 (2): 254-5. https://doi.org/10.7326/M20-6203; Golub, M., N. Calman, C. Ruddock, et al. 2011. “A Community Mobilizes to End Medical Apartheid.” Progress in Community Health Partnerships: Research, Education, and Action 5 (3): 317-25. https://doi.org/10.1353/cpr.2011.0041. [28] New York State Bar Association. 2020. “New York State Bar Association House of Delegates: Revised COVID-19 Resolutions.” https://nysba.org/app/uploads/2020/10/Final-Health-Law-Section-COVID-19-Resolutions_10-8-20-1-1.pdf. [29] Egede, L. E. 2006. “Race, Ethnicity, Culture, and Disparities in Health Care.” Journal of General Internal Medicine 21 (6): 667-669. https://doi.org/10.1111%2Fj.1525-1497.2006.0512.x

In Australia the “intimacy” of citizenship (Berlant 2), is often used to reinforce subscription to heteronormative romantic and familial structures. Because this framing promotes discourses of moral failure, recent political attention to sexuality and same-sex couples can be filtered through insights into coalitional affiliations. This paper uses contemporary shifts in Australian politics and culture to think through the concept of coalition, and in particular to analyse connections between sexuality and governmentality (or more specifically normative bias and same-sex relationships) in what I’m calling post-coalitional Australia. Against the unpredictability of changing parties and governments, allegiances and alliances, this paper suggests the continuing adherence to a heteronormatively arranged public sphere. After the current Australian Prime Minister Julia Gillard deposed the previous leader, Kevin Rudd, she clung to power with the help of independents and the Greens, and clichés of a “rainbow coalition” and a “new paradigm” were invoked to describe the confused electorate and governmental configuration. Yet in 2007, a less confused Australia decisively threw out the Howard–led Liberal and National Party coalition government after eleven years, in favour of Rudd’s own rainbow coalition: a seemingly invigorated party focussed on gender equity, Indigenous Australians, multi-cultural visibility, workplace relations, Austral-Asian relations, humane refugee processing, the environment, and the rights and obligations of same-sex couples. A post-coalitional Australia invokes something akin to “aftermath culture” (Lambert and Simpson), referring not just to Rudd’s fall or Howard’s election loss, but to the broader shifting contexts within which most Australian citizens live, and within which they make sense of the terms “Australia” and “Australian”. Contemporary Australia is marked everywhere by cracks in coalitions and shifts in allegiances and belief systems – the Coalition of the Willing falling apart, the coalition government crushed by defeat, deposed leaders, and unlikely political shifts and (re)alignments in the face of a hung parliament and renewed pushes toward moral and cultural change. These breakdowns in allegiances are followed by swift symbolically charged manoeuvres. Gillard moved quickly to repair relations with mining companies damaged by Rudd’s plans for a mining tax and to water down frustration with the lack of a sustainable Emissions Trading Scheme. And one of the first things Kevin Rudd did as Prime Minister was to change the fittings and furnishings in the Prime Ministerial office, of which Wright observed that “Mr Howard is gone and Prime Minister Kevin Rudd has moved in, the Parliament House bureaucracy has ensured all signs of the old-style gentlemen's club… have been banished” (The Age, 5 Dec. 2007). Some of these signs were soon replaced by Ms. Gillard herself, who filled the office in turn with memorabilia from her beloved Footscray, an Australian Rules football team. In post-coalitional Australia the exile of the old Menzies’ desk and a pair of Chesterfield sofas works alongside the withdrawal of troops from Iraq and renewed pledges for military presence in Afghanistan, apologising to stolen generations of Indigenous Australians, the first female Governor General, deputy Prime Minister and then Prime Minister (the last two both Gillard), the repealing of disadvantageous workplace reform, a focus on climate change and global warming (with limited success as stated), a public, mandatory paid maternity leave scheme, changes to the processing and visas of refugees, and the amendments to more than one hundred laws that discriminate against same sex couples by the pre-Gillard, Rudd-led Labor government. The context for these changes was encapsulated in an announcement from Rudd, made in March 2008: Our core organising principle as a Government is equality of opportunity. And advancing people and their opportunities in life, we are a Government which prides itself on being blind to gender, blind to economic background, blind to social background, blind to race, blind to sexuality. (Rudd, “International”) Noting the political possibilities and the political convenience of blindness, this paper navigates the confusing context of post-coalitional Australia, whilst proffering an understanding of some of the cultural forces at work in this age of shifting and unstable alliances. I begin by interrogating the coalitional impulse post 9/11. I do this by connecting public coalitional shifts to the steady withdrawal of support for John Howard’s coalition, and movement away from George Bush’s Coalition of the Willing and the War on Terror. I then draw out a relationship between the rise and fall of such affiliations and recent shifts within government policy affecting same-sex couples, from former Prime Minister Howard’s amendments to The Marriage Act 1961 to the Rudd-Gillard administration’s attention to the discrimination in many Australian laws. Sexual Citizenship and Coalitions Rights and entitlements have always been constructed and managed in ways that live out understandings of biopower and social death (Foucault History; Discipline). The disciplining of bodies, identities and pleasures is so deeply entrenched in government and law that any non-normative claim to rights requires the negotiation of existing structures. Sexual citizenship destabilises the post-coalitional paradigm of Australian politics (one of “equal opportunity” and consensus) by foregrounding the normative biases that similarly transcend partisan politics. Sexual citizenship has been well excavated in critical work from Evans, Berlant, Weeks, Richardson, and Bell and Binnie’s The Sexual Citizen which argues that “many of the current modes of the political articulation of sexual citizenship are marked by compromise; this is inherent in the very notion itself… the twinning of rights with responsibilities in the logic of citizenship is another way of expressing compromise… Every entitlement is freighted with a duty” (2-3). This logic extends to political and economic contexts, where “natural” coalition refers primarily to parties, and in particular those “who have powerful shared interests… make highly valuable trades, or who, as a unit, can extract significant value from others without much risk of being split” (Lax and Sebinius 158). Though the term is always in some way politicised, it need not refer only to partisan, multiparty or multilateral configurations. The subscription to the norms (or normativity) of a certain familial, social, religious, ethnic, or leisure groups is clearly coalitional (as in a home or a front, a club or a team, a committee or a congregation). Although coalition is interrogated in political and social sciences, it is examined frequently in mathematical game theory and behavioural psychology. In the former, as in Axelrod’s The Evolution of Cooperation, it refers to people (or players) who collaborate to successfully pursue their own self-interests, often in the absence of central authority. In behavioural psychology the focus is on group formations and their attendant strategies, biases and discriminations. Experimental psychologists have found “categorizing individuals into two social groups predisposes humans to discriminate… against the outgroup in both allocation of resources and evaluation of conduct” (Kurzban, Tooby and Cosmides 15387). The actions of social organisation (and not unseen individual, supposedly innate impulses) reflect the cultural norms in coalitional attachments – evidenced by the relationship between resources and conduct that unquestioningly grants and protects the rights and entitlements of the larger, heteronormatively aligned “ingroup”. Terror Management Particular attention has been paid to coalitional formations and discriminatory practices in America and the West since September 11, 2001. Terror Management Theory or TMT (Greenberg, Pyszczynski and Solomon) has been the main framework used to explain the post-9/11 reassertion of large group identities along ideological, religious, ethnic and violently nationalistic lines. Psychologists have used “death-related stimuli” to explain coalitional mentalities within the recent contexts of globalised terror. The fear of death that results in discriminatory excesses is referred to as “mortality salience”, with respect to the highly visible aspects of terror that expose people to the possibility of their own death or suffering. Naverette and Fessler find “participants… asked to contemplate their own deaths exhibit increases in positive evaluations of people whose attitudes and values are similar to their own, and derogation of those holding dissimilar views” (299). It was within the climate of post 9/11 “mortality salience” that then Prime Minister John Howard set out to change The Marriage Act 1961 and the Family Law Act 1975. In 2004, the Government modified the Marriage Act to eliminate flexibility with respect to the definition of marriage. Agitation for gay marriage was not as noticeable in Australia as it was in the U.S where Bush publicly rejected it, and the UK where the Civil Union Act 2004 had just been passed. Following Bush, Howard’s “queer moral panic” seemed the perfect decoy for the increased scrutiny of Australia’s involvement in the Iraq war. Howard’s changes included outlawing adoption for same-sex couples, and no recognition for legal same-sex marriages performed in other countries. The centrepiece was the wording of The Marriage Amendment Act 2004, with marriage now defined as a union “between a man and a woman to the exclusion of all others”. The legislation was referred to by the Australian Greens Senator Bob Brown as “hateful”, “the marriage discrimination act” and the “straight Australia policy” (Commonwealth 26556). The Labor Party, in opposition, allowed the changes to pass (in spite of vocal protests from one member) by concluding the legal status of same-sex relations was in no way affected, seemingly missing (in addition to the obvious symbolic and physical discrimination) the equation of same-sex recognition with terror, terrorism and death. Non-normative sexual citizenship was deployed as yet another form of “mortality salience”, made explicit in Howard’s description of the changes as necessary in protecting the sanctity of the “bedrock institution” of marriage and, wait for it, “providing for the survival of the species” (Knight, 5 Aug. 2003). So two things seem to be happening here: the first is that when confronted with the possibility of their own death (either through terrorism or gay marriage) people value those who are most like them, joining to devalue those who aren’t; the second is that the worldview (the larger religious, political, social perspectives to which people subscribe) becomes protection from the potential death that terror/queerness represents. Coalition of the (Un)willing Yet, if contemporary coalitions are formed through fear of death or species survival, how, for example, might these explain the various forms of risk-taking behaviours exhibited within Western democracies targeted by such terrors? Navarette and Fessler (309) argue that “affiliation defences are triggered by a wider variety of threats” than “existential anxiety” and that worldviews are “in turn are reliant on ‘normative conformity’” (308) or “normative bias” for social benefits and social inclusions, because “a normative orientation” demonstrates allegiance to the ingroup (308-9). Coalitions are founded in conformity to particular sets of norms, values, codes or belief systems. They are responses to adaptive challenges, particularly since September 11, not simply to death but more broadly to change. In troubled times, coalitions restore a shared sense of predictability. In Howard’s case, he seemed to say, “the War in Iraq is tricky but we have a bigger (same-sex) threat to deal with right now. So trust me on both fronts”. Coalitional change as reflective of adaptive responses thus serves the critical location of subsequent shifts in public support. Before and since September 11 Australians were beginning to distinguish between moderation and extremism, between Christian fundamentalism and productive forms of nationalism. Howard’s unwavering commitment to the American-led war in Iraq saw Australia become a member of another coalition: the Coalition of the Willing, a post 1990s term used to describe militaristic or humanitarian interventions in certain parts of the world by groups of countries. Howard (in Pauly and Lansford 70) committed Australia to America’s fight but also to “civilization's fight… of all who believe in progress and pluralism, tolerance and freedom”. Although Bush claimed an international balance of power and influence within the coalition (94), some countries refused to participate, many quickly withdrew, and many who signed did not even have troops. In Australia, the war was never particularly popular. In 2003, forty-two legal experts found the war contravened International Law as well as United Nations and Geneva conventions (Sydney Morning Herald 26 Feb. 2003). After the immeasurable loss of Iraqi life, and as the bodies of young American soldiers (and the occasional non-American) began to pile up, the official term “coalition of the willing” was quietly abandoned by the White House in January of 2005, replaced by a “smaller roster of 28 countries with troops in Iraq” (ABC News Online 22 Jan. 2005). The coalition and its larger war on terror placed John Howard within the context of coalitional confusion, that when combined with the domestic effects of economic and social policy, proved politically fatal. The problem was the unclear constitution of available coalitional configurations. Howard’s continued support of Bush and the war in Iraq compounded with rising interest rates, industrial relations reform and a seriously uncool approach to the environment and social inclusion, to shift perceptions of him from father of the nation to dangerous, dithery and disconnected old man. Post-Coalitional Change In contrast, before being elected Kevin Rudd sought to reframe Australian coalitional relationships. In 2006, he positions the Australian-United States alliance outside of the notion of military action and Western territorial integrity. In Rudd-speak the Howard-Bush-Blair “coalition of the willing” becomes F. Scott Fitzgerald’s “willingness of the heart”. The term coalition was replaced by terms such as dialogue and affiliation (Rudd, “Friends”). Since the 2007 election, Rudd moved quickly to distance himself from the agenda of the coalition government that preceded him, proposing changes in the spirit of “blindness” toward marginality and sexuality. “Fix-it-all” Rudd as he was christened (Sydney Morning Herald 29 Sep. 2008) and his Labor government began to confront the legacies of colonial history, industrial relations, refugee detention and climate change – by apologising to Aboriginal people, timetabling the withdrawal from Iraq, abolishing the employee bargaining system Workchoices, giving instant visas and lessening detention time for refugees, and signing the Kyoto Protocol agreeing (at least in principle) to reduce green house gas emissions. As stated earlier, post-coalitional Australia is not simply talking about sudden change but an extension and a confusion of what has gone on before (so that the term resembles postcolonial, poststructural and postmodern because it carries the practices and effects of the original term within it). The post-coalitional is still coalitional to the extent that we must ask: what remains the same in the midst of such visible changes? An American focus in international affairs, a Christian platform for social policy, an absence of financial compensation for the Aboriginal Australians who received such an eloquent apology, the lack of coherent and productive outcomes in the areas of asylum and climate change, and an impenetrable resistance to the idea of same-sex marriage are just some of the ways in which these new governments continue on from the previous one. The Rudd-Gillard government’s dealings with gay law reform and gay marriage exemplify the post-coalitional condition. Emulating Christ’s relationship to “the marginalised and the oppressed”, and with Gillard at his side, Rudd understandings of the Christian Gospel as a “social gospel” (Rudd, “Faith”; see also Randell-Moon) to table changes to laws discriminating against gay couples – guaranteeing hospital visits, social security benefits and access to superannuation, resembling de-facto hetero relationships but modelled on the administering and registration of relationships, or on tax laws that speak primarily to relations of financial dependence – with particular reference to children. The changes are based on the report, Same Sex, Same Entitlements (HREOC) that argues for the social competence of queer folk, with respect to money, property and reproduction. They speak the language of an equitable economics; one that still leaves healthy and childless couples with limited recognition and advantage but increased financial obligation. Unable to marry in Australia, same-sex couples are no longer single for taxation purposes, but are now simultaneously subject to forms of tax/income auditing and governmental revenue collection should either same-sex partner require assistance from social security as if they were married. Heteronormative Coalition Queer citizens can quietly stake their economic claims and in most states discreetly sign their names on a register before becoming invisible again. Mardi Gras happens but once a year after all. On the topic of gay marriage Rudd and Gillard have deferred to past policy and to the immoveable nature of the law (and to Howard’s particular changes to marriage law). That same respect is not extended to laws passed by Howard on industrial relations or border control. In spite of finding no gospel references to Jesus the Nazarene “expressly preaching against homosexuality” (Rudd, “Faith”), and pre-election promises that territories could govern themselves with respect to same sex partnerships, the Rudd-Gillard government in 2008 pressured the ACT to reduce its proposed partnership legislation to that of a relationship register like the ones in Tasmania and Victoria, and explicitly demanded that there be absolutely no ceremony – no mimicking of the real deal, of the larger, heterosexual citizens’ “ingroup”. Likewise, with respect to the reintroduction of same-sex marriage legislation by Greens senator Sarah Hanson Young in September 2010, Gillard has so far refused a conscience vote on the issue and restated the “marriage is between a man and a woman” rhetoric of her predecessors (Topsfield, 30 Sep. 2010). At the same time, she has agreed to conscience votes on euthanasia and openly declared bi-partisan (with the federal opposition) support for the war in Afghanistan. We see now, from Howard to Rudd and now Gillard, that there are some coalitions that override political differences. As psychologists have noted, “if the social benefits of norm adherence are the ultimate cause of the individual’s subscription to worldviews, then the focus and salience of a given individual’s ideology can be expected to vary as a function of their need to ally themselves with relevant others” (Navarette and Fessler 307). Where Howard invoked the “Judaeo-Christian tradition”, Rudd chose to cite a “Christian ethical framework” (Rudd, “Faith”), that saw him and Gillard end up in exactly the same place: same sex relationships should be reduced to that of medical care or financial dependence; that a public ceremony marking relationship recognition somehow equates to “mimicking” the already performative and symbolic heterosexual institution of marriage and the associated romantic and familial arrangements. Conclusion Post-coalitional Australia refers to the state of confusion borne of a new politics of equality and change. The shift in Australia from conservative to mildly socialist government(s) is not as sudden as Howard’s 2007 federal loss or as short-lived as Gillard’s hung parliament might respectively suggest. Whilst allegiance shifts, political parties find support is reliant on persistence as much as it is on change – they decide how to buffer and bolster the same coalitions (ones that continue to privilege white settlement, Christian belief systems, heteronormative familial and symbolic practices), but also how to practice policy and social responsibility in a different way. Rudd’s and Gillard’s arguments against the mimicry of heterosexual symbolism and the ceremonial validation of same-sex partnerships imply there is one originary form of conduct and an associated sacred set of symbols reserved for that larger ingroup. Like Howard before them, these post-coalitional leaders fail to recognise, as Butler eloquently argues, “gay is to straight not as copy is to original, but as copy is to copy” (31). To make claims to status and entitlements that invoke the messiness of non-normative sex acts and romantic attachments necessarily requires the negotiation of heteronormative coalitional bias (and in some ways a reinforcement of this social power). As Bell and Binnie have rightly observed, “that’s what the hard choices facing the sexual citizen are: the push towards rights claims that make dissident sexualities fit into heterosexual culture, by demanding equality and recognition, versus the demand to reject settling for heteronormativity” (141). The new Australian political “blindness” toward discrimination produces positive outcomes whilst it explicitly reanimates the histories of oppression it seeks to redress. The New South Wales parliament recently voted to allow same-sex adoption with the proviso that concerned parties could choose not to adopt to gay couples. The Tasmanian government voted to recognise same-sex marriages and unions from outside Australia, in the absence of same-sex marriage beyond the current registration arrangements in its own state. In post-coalitional Australia the issue of same-sex partnership recognition pits parties and allegiances against each other and against themselves from within (inside Gillard’s “rainbow coalition” the Rainbow ALP group now unites gay people within the government’s own party). Gillard has hinted any new proposed legislation regarding same-sex marriage may not even come before parliament for debate, as it deals with real business. Perhaps the answer lies over the rainbow (coalition). As the saying goes, “there are none so blind as those that will not see”. References ABC News Online. “Whitehouse Scraps Coalition of the Willing List.” 22 Jan. 2005. 1 July 2007 ‹http://www.abc.net.au/news/newsitems/200501/s1286872.htm›. Axelrod, Robert. The Evolution of Cooperation. New York: Basic Books, 1984. Berlant, Lauren. The Queen of America Goes to Washington City: Essays on Sex and Citizenship. Durham: Duke University Press, 1997. Bell, David, and John Binnie. The Sexual Citizen: Queer Politics and Beyond. Cambridge, England: Polity, 2000. Butler, Judith. Gender Trouble: Feminism and the Subversion of Identity. New York: Routledge, 1990. Commonwealth of Australia. Parliamentary Debates. House of Representatives 12 Aug. 2004: 26556. (Bob Brown, Senator, Tasmania.) Evans, David T. Sexual Citizenship: The Material Construction of Sexualities. London: Routledge, 1993. Foucault, Michel. Discipline and Punish: The Birth of the Prison. Trans. A. Sheridan. London: Penguin, 1991. ———. The Will to Knowledge: The History of Sexuality. Vol. 1. Trans. Robert Hurley. London: Penguin, 1998. Greenberg, Jeff, Tom Pyszczynski, and Sheldon Solomon. “The Causes and Consequences of the Need for Self-Esteem: A Terror Management Theory.” Public Self, Private Self. Ed. Roy F. Baumeister. New York: Springer-Verlag, 1986. 189-212. Human Rights and Equal Opportunity Commission. Same-Sex: Same Entitlements Report. 2007. 21 Aug. 2007 ‹http://www.hreoc.gov.au/human_rights/samesex/report/index.html›. Kaplan, Morris. Sexual Justice: Democratic Citizenship and the Politics of Desire. New York: Routledge, 1997. Knight, Ben. “Howard and Costello Reject Gay Marriage.” ABC Online 5 Aug. 2003. Kurzban, Robert, John Tooby, and Leda Cosmides. "Can Race Be Erased? Coalitional Computation and Social Categorization." Proceedings of the National Academy of Sciences 98.26 (2001): 15387–15392. Lambert, Anthony, and Catherine Simpson. "Jindabyne’s Haunted Alpine Country: Producing (an) Australian Badland." M/C Journal 11.5 (2008). 20 Oct. 2010 ‹http://journal.media-culture.org.au/index.php/mcjournal/article/view/81›. Lax, David A., and James K. Lebinius. “Thinking Coalitionally: Party Arithmetic Process Opportunism, and Strategic Sequencing.” Negotiation Analysis. Ed. H. Peyton Young. Michigan: University of Michigan Press, 1991. 153-194. Naverette, Carlos, and Daniel Fessler. “Normative Bias and Adaptive Challenges: A Relational Approach to Coalitional Psychology and a Critique of Terror Management Theory.” Evolutionary Psychology 3 (2005): 297-325. Pauly, Robert J., and Tom Lansford. Strategic Preemption: US Foreign Policy and Second Iraq War. Aldershot: Ashgate, 2005. Randall-Moon, Holly. "Neoliberal Governmentality with a Christian Twist: Religion and Social Security under the Howard-Led Australian Government." Eds. Michael Bailey and Guy Redden. Mediating Faiths: Religion and Socio- Cultural Change in the Twenty-First Century. Farnham: Ashgate, in press. Richardson, Diane. Rethinking Sexuality. London: Sage, 2000. Rudd, Kevin. “Faith in Politics.” The Monthly 17 (2006). 31 July 2007 ‹http://www.themonthly.com.au/monthly-essays-kevin-rudd-faith-politics--300›. Rudd, Kevin. “Friends of Australia, Friends of America, and Friends of the Alliance That Unites Us All.” Address to the 15th Australian-American Leadership Dialogue. The Australian, 24 Aug. 2007. 13 Mar. 2008 ‹http://www.theaustralian.com.au/national-affairs/climate/kevin-rudds-address/story-e6frg6xf-1111114253042›. Rudd, Kevin. “Address to International Women’s Day Morning Tea.” Old Parliament House, Canberra, 11 Mar. 2008. 1 Oct. 2010 ‹http://pmrudd.archive.dpmc.gov.au/node/5900›. Sydney Morning Herald. “Coalition of the Willing? Make That War Criminals.” 26 Feb. 2003. 1 July 2007 ‹http://www.smh.com.au/articles/2003/02/25/1046064028608.html›. Topsfield, Jewel. “Gillard Rules Out Conscience Vote on Gay Marriage.” The Age 30 Sep. 2010. 1 Oct. 2010 ‹http://www.theage.com.au/national/gillard-rules-out-conscience-vote-on-gay-marriage-20100929-15xgj.html›. Weeks, Jeffrey. "The Sexual Citizen." Theory, Culture and Society 15.3-4 (1998): 35-52. Wright, Tony. “Suite Revenge on Chesterfield.” The Age 5 Dec. 2007. 4 April 2008 ‹http://www.theage.com.au/news/national/suite-revenge-on-chesterfield/2007/12/04/1196530678384.html›.

Story spreads out through time the behaviors or bodies – the shapes – a self has been or will be, each replacing the one before. Hence a story has before and after, gain and loss. It goes somewhere…Moreover, shape or body is crucial, not incidental, to story. It carries story; it makes story visible; in a sense it is story. Shape (or visible body) is in space what story is in time. (Bynum, quoted in Garland Thomson, 113-114) Drawing on Goffman’s classic work on stigma, research documenting the existence of discrimination and bias against individuals classified as obese goes back five decades. Since Cahnman published “The Stigma of Obesity” in 1968, other researchers have well documented systematic and growing discrimination against fat people (cf. Puhl and Brownell; Puhl and Heuer; Puhl and Heuer; Fikkan and Rothblum). While weight-based stereotyping has a long history (Chang and Christakis; McPhail; Schwartz), contemporary forms of anti-fat stigma and discrimination must be understood within a social and economic context of neoliberal healthism. By neoliberal healthism (see Crawford; Crawford; Metzel and Kirkland), I refer to the set of discourses that suggest that humans are rational, self-determining actors who independently make their own best choices and are thus responsible for their life chances and health outcomes. In such a context, good health becomes associated with proper selfhood, and there are material and social consequences for those who either unwell or perceived to be unwell. While the greatest impacts of size-based discrimination are structural in nature, the interpersonal impacts are also significant. Because obesity is commonly represented (at least partially) as a matter of behavioral choices in public health, medicine, and media, to “remain fat” is to invite commentary from others that one is lacking in personal responsibility. Guthman suggests that this lack of empathy “also stems from the growing perception that obesity presents a social cost, made all the more tenable when the perception of health responsibility has been reversed from a welfare model” (1126). Because weight loss is commonly held to be a reasonable and feasible goal and yet is nearly impossible to maintain in practice (Kassierer and Angell; Mann et al.; Puhl and Heuer), fat people are “in effect, asked to do the impossible and then socially punished for failing” (Greenhalgh, 474). In this article, I explore how weight-based stigma shaped the decisions of bariatric patients to undergo weight loss surgery. In doing so, I underline the work that emotion does in circulating anti-fat stigma and in creating categories of subjects along lines of health and responsibility. As well, I highlight how fat bodies are lived and negotiated in space and place. I then explore ways in which participants take up notions of time, specifically in regard to risk, in discussing what brought them to the decision to have bariatric surgery. I conclude by arguing that it is a dynamic interaction between the material, social, emotional, discursive, and the temporal that produces not only fat embodiment, but fat subjectivity “failed”, and serves as an impetus for seeking bariatric surgery. Methods This article is based on 30 semi-structured interviews with American bariatric patients. At the time of the interview, individuals were between six months and 12 years out from surgery. After obtaining Intuitional Review Board approval, recruitment occurred through a snowball sample. All interviews were audio-taped with permission and verbatim interview transcripts were analyzed by means of a thematic analysis using Dedoose (www.dedoose.com). All names given in this article are pseudonyms. This work is part of a larger project that includes two additional interviews with bariatric surgeons as well as participant-observation research. Findings Navigating Anti-Fat Stigma In discussing what it was like to be fat, all but one of the individuals I interviewed discussed experiencing substantive size-based stigma and discrimination. Whether through overt comments, indirect remarks, dirty looks, open gawking, or being ignored and unrecognized, participants felt hurt, angry, and shamed by friends, family, coworkers, medical providers, and strangers on the street because of the size of their bodies. Several recalled being bullied and even physically assaulted by peers as children. Many described the experience of being fat or very fat as one of simultaneous hypervisibility and invisibility. One young woman, Kaia, said: “I absolutely was not treated like a person … . I was just like this object to people. Just this big, you know, thing. That’s how people treated me.” Nearly all of my participants described being told repeatedly by others, including medical professionals, that their inability to lose weight was effectively a failure of the will. They found these comments to be particularly hurtful because, in fact, they had spent years, even decades, trying to lose weight only to gain the weight back plus more. Some providers and family members seemed to take up the idea that shame could be a motivating force in weight loss. However, as research by Lewis et al.; Puhl and Huerer; and Schafer and Ferraro has demonstrated, the effect this had was the opposite of what was intended. Specifically, a number of the individuals I spoke with delayed care and avoided health-facilitating behaviors, like exercising, because of the discrimination they had experienced. Instead, they turned to health-harming practices, like crash dieting. Moreover, the internalization of shame and blame served to lower a sense of self-worth for many participants. And despite having a strong sense that something outside of personal behavior explained their escalating body weights, they deeply internalized messages about responsibility and self-control. Danielle, for instance, remarked: “Why could the one thing I want the most be so impossible for me to maintain?” It is important to highlight the work that emotion does in circulating such experiences of anti-fat stigma and discrimination. As Fraser et al have argued in their discussion on fat and emotion, the social, the emotional, and the corporeal cannot be separated. Drawing on Ahmed, they argue that strong emotions are neither interior psychological states that work between individuals nor societal states that impact individuals. Rather, emotions are constitutive of subjects and collectivities, (Ahmed; Fraser et al.). Negative emotions in particular, such as hate and fear, produce categories of people, by defining them as a common threat and, in the process, they also create categories of people who are deemed legitimate and those who are not. Thus following Fraser et al, it is possible to see that anti-fat hatred did more than just negatively impact the individuals I spoke with. Rather, it worked to produce, differentiate, and drive home categories of people along lines of health, weight, risk, responsibility, and worth. In this next section, I examine the ways in which anti-fat discrimination works at the interface of not only the discursive and the emotive, but the material as well. Big Bodies, Small Spaces When they discussed their previous lives as very fat people, all of the participants made reference to a social and built environment mismatch, or in Garland Thomson’s terms, a “misfit”. A misfit occurs “when the environment does not sustain the shape and function of the body that enters it” (594). Whereas the built environment offers a fit for the majority of bodies, Garland Thomson continues, it also creates misfits for minority forms of embodiment. While Garland Thomson’s analysis is particular to disability, I argue that it extends to fat embodiment as well. In discussing what it was like to navigate the world as fat, participants described both the physical and emotional pain entailed in living in bodies that did not fit and frequently discussed the ways in which leaving the house was always a potential, anxiety-filled problem. Whereas all of the participants I interviewed discussed such misfitting, it was notable that participants in the Greater New York City area (70% of the sample) spoke about this topic at length. Specifically, they made frequent and explicit mentions of the particular interface between their fat bodies and the Metropolitan Transit Authority (MTA), and the tightly packed spaces of the city itself. Greater New York City area participants frequently spoke of the shame and physical discomfort in having to stand on public transportation for fear that they would be openly disparaged for “taking up too much room.” Some mentioned that transit seats were made of molded plastic, indicating by design the amount of space a body should occupy. Because they knew they would require more space than what was allotted, these participants only took seats after calculating how crowded the subway or train car was and how crowded it would likely become. Notably, the decision to not take a seat was one that was made at a cost for some of the larger individuals who experienced joint pain. Many participants stated that the densely populated nature of New York City made navigating daily life very challenging. In Talia’s words, “More people, more obstacles, less space.” Participants described always having to be on guard, looking for the next obstacle. As Candice put it: “I would walk in some place and say, ‘Will I be able to fit? Will I be able to manoeuvre around these people and not bump into them?’ I was always self-conscious.” Although participants often found creative solutions to navigating the hostile environment of both the MTA and the city at large, they also identified an increasing sense of isolation that resulted from the physical discomfort and embarrassment of not fitting in. For instance, Talia rarely joined her partner and their friends on outings to movies or the theater because the seats were too tight. Similarly, Decenia would make excuses to her husband in order to avoid social situations outside of the home: “I’d say to my husband, ‘I don’t feel well, you go.’ But you know what? It was because I was afraid not to fit, you know?” The anticipatory scrutinizing described by these participants, and the anxieties it produced, echoes Kirkland’s contention that fat individuals use the technique of ‘scanning’ in order to navigate and manage hostile social and built environments. Scanning, she states, involves both literally rapidly looking over situations and places to determine accessibility, as well as a learned assessment and observation technique that allows fat people to anticipate how they will be received in new situations and new places. For my participants, worries about not fitting were more than just internal calculation. Rather, others made all too clear that fat bodies are not welcome. Nina recalled nasty looks she received from other subway riders when she attempted to sit down. Decenia described an experience on a crowded commuter train in which the woman next to her openly expressed annoyance and disgust that their thighs were touching. Talia recalled being aggressively handed a weight loss brochure by a fellow passenger. When asked to contrast their experiences living in New York City with having travelled or lived elsewhere, participants almost universally described the New York as a more difficult place to live for fat people. However, the experiences of three of the Latinas that I interviewed troubled this narrative. Katrina felt that the harassment she received in her country of origin, the Dominican Republic, was far worse than what she now experienced in the New York Metropolitan Area. Although Decenia detailed painful experiences of anti-fat stigma in New York City, she nevertheless described her life as relatively “easy” compared to what it was like in her home country of Brazil. And Denisa contrasted her neighbourhood of East Harlem with other parts of Manhattan: “In Harlem it's different. Everybody is really fat or plump – so you feel a bit more comfortable. Not everybody, but there's a mix. Downtown – there's no mix.” Collectively, their stories serve as a reminder (see Franko et al.; Grabe and Hyde) to be suspicious of over determined accounts that “Latino culture” is (or people of colour communities in general are), more accepting of larger bodies and more resistant to weight-based stigma and discrimination. Their comments also reflect arguments made by Colls, Grosz, and Garland Thomson, who have all pointed to the contingent nature between space and bodies. Colls argue that sizing is both a material and an emotional process – what size we take ourselves to be shifts in different physical and emotional contexts. Grosz suggests that there is a “mutually constitutive relationship between bodies and cities” – one that, I would add, is raced, classed, and gendered. Garland Thomson has described the relationship between bodies and space/place as “a dynamic encounter between world and flesh.” These encounters, she states, are always contingent and situated: “When the spatial and temporal context shifts, so does the fit, and with it meanings and consequences” (592). In this sense, fat is materialized differently in different contexts and in different scales – nation, state, city, neighbourhood – and the materialization of fatness is always entangled with raced, classed, and gendered social and political-economic relations. Nevertheless, it is possible to draw some structural commonalities between divergent parts of the Greater New York City Metropolitan Area. Specifically, a dense population, cramped physical spaces, inaccessible transportation and transportation funding cuts, social norms of fast paced life, and elite, raced, classed, and gendered norms of status and beauty work to materialize fatness in such a way that a ‘misfit’ is often the result for fat people who live and/or work in this area. And importantly, misfitting, as Garland Thomson argues, has consequences: it literally “casts out” when the “shape and function of … bodies comes into conflict with the shape and stuff of the built world” (594). This casting out produces some bodies as irrelevant to social and economic life, resulting in segregation and isolation. To misfit, she argues, is to be denied full citizenship. Responsibilising the Present Garland Thomson, discussing Bynum’s statement that “shape carries story”, argues the following: “the idea that shape carries story suggests … that material bodies are not only in the spaces of the world but that they are entwined with temporality as well” (596). In this section, I discuss how participants described their decisions to get weight loss surgery by making references to the need take responsibility for health now, in the present, in order to avoid further and future morbidity and mortality. Following Adams et al., I look at how the fat body is lived in a state of constant anticipation – “thinking and living toward the future” (246). All of the participants I spoke with described long histories of weight cycling. While many managed to lose weight, none were able to maintain this weight loss in the long term – a reality consistent with the medical fact that dieting does not produce durable results (Kassirer and Angell; Mann et al.; Puhl and Heuer). They experienced this inability as not only distressing, but terrifying, as they repeatedly regained the lost weight plus more. When participants discussed their decisions to have surgery, they highlighted concerns about weight related comorbidities and mobility limitations in their explanations. Consistent then with Boero, Lopez, and Wadden et al., the participants I spoke with did not seek out surgery in hopes of finding a permanent way to become thin, but rather a permanent way to become healthy and normal. Concerns about what is considered to be normative health, more than simply concerns about what is held to be an appropriate appearance, motivated their decisions. Significantly, for these participants the decision to have bariatric surgery was based on concerns about future morbidity (and mortality) at least as much, if not more so, than on concerns about a current state of ill health and impairment. Some individuals I spoke with were unquestionably suffering from multiple chronic and even life threatening illnesses and feared they would prematurely die from these conditions. Other participants, however, made the decision to have bariatric surgery despite the fact that they had no comorbidities whatsoever. Motivating their decisions was the fear that they would eventually develop them. Importantly, medial providers explicitly and repeatedly told all of these participants that lest they take drastic and immediate action, they would die. For example: Faith’s reproductive endocrinologist said: “you’re going to have diabetes by the time you’re 30; you’re going to have a stroke by the time you’re 40. And I can only hope that you can recover enough from your stroke that you’ll be able to take care of your family.” Several female participants were warned that without losing weight, they would either never become pregnant or they would die in childbirth. By contrast, participants stated that their bariatric surgeons were the first providers they had encountered to both assert that obesity was a medical condition outside of their control and to offer them a solution. Within an atmosphere in which obesity is held to be largely or entirely the result of behavioural choices, the bariatric profession thus positions itself as unique by offering both understanding and what it claims to be a durable treatment. Importantly, it would be a mistake to conclude that some bariatric patients needed surgery while others choose it for the wrong reasons. Regardless of their states of health at the time they made the decision to have surgery, the concerns that drove these patients to seek out these procedures were experienced as very real. Whether or not these concerns would have materialized as actual health conditions is unknown. Furthermore, bariatric patients should not be seen as having been duped or suffering from ‘false consciousness.’ Rather, they operate within a particular set of social, cultural, and political-economic conditions that suggest that good citizenship requires risk avoidance and personal health management. As these individuals experienced, there are material and social consequences for ‘failing’ to obtain normative conceptualizations of health. This set of conditions helps to produce a bariatric patient population that includes both those who were contending with serious health concerns and those who feared they would develop them. All bariatric patients operate within this set of conditions (as do medical providers) and make decisions regarding health (current, future, or both) by using the resources available to them. In her work on the temporalities of dieting, Coleman argues that rather than seeing dieting as a linear and progressive event, we might think of it instead a process that brings the future into the present as potential. Adams et al suggest concerns about potential futures, particularly in regard to health, are a defining characteristic of our time. They state: “The present is governed, at almost every scale, as if the future is what matters most. Anticipatory modes enable the production of possible futures that are lived and felt as inevitable in the present, rendering hope and fear as important political vectors” (249). The ability to act in the present based on potential future risks, they argue, has become a moral imperative and a marker of proper of citizenship. Importantly, however, our work to secure the ‘best possible future’ is never fully assured, as risks are constantly changing. The future is thus always uncertain. Acting responsibly in the present therefore requires “alertness and vigilance as normative affective states” (254). Importantly, these anticipations are not diagnostic, but productive. As Adams et al state, “the future arrives already formed in the present, as if the emergency has already happened…a ‘sense’ of the simultaneous uncertainty and inevitability of the future, usually manifest in entanglements of fear and hope” (250). It is in this light, then, that we might see the decision to have bariatric surgery. For these participants, their future weight-related morbidity and mortality had already arrived in the present and thus they felt they needed to act responsibly now, by undergoing what they had been told was the only durable medical intervention for obesity. The emotions of hope, fear, anxiety and I would suggest, hatred, were key in making these decisions. Conclusion Medical, public health, and media discourses frame obesity as an epidemic that threatens to bring untold financial disaster and escalating rates of morbidity and mortality upon the nation state and the world at large. As Fraser et al argue, strong emotions (such hatred, fear, anxiety, and hope), are at the centre of these discourses; they construct, circulate, and proliferate them. Moreover, they create categories of people who are deemed legitimate and categories of others who are not. In this context, the participants I spoke with were caught between a desire to have fatness understood as a medical condition needing intervention; the anti-fat attitudes of others, including providers, which held that obesity was a failure of the will and nothing more; their own internalization of these messages of personal responsibility for proper behavioural choices, and, the biologically intractable nature of fatness wherein dieting not only fails to reduce weight in the vast majority of cases but results, in the long term, in increased weight gain (Kassirer and Angell; Mann et al.; Puhl and Heuer). Widespread anxiety and embarrassment over and fear and hatred of fatness was something that the individuals I interviewed experienced directly and which signalled to them that they were less than human. Their desire for weight loss, therefore was partially a desire to become ‘normal.’ In Butler’s term, it was the desire for a ‘liveable life. ’A liveable life, for these participants, included a desire for a seamless fit with the built environment. The individuals I spoke with were never more ashamed of their fatness than when they experienced a ‘misfit’, in Garland Thomson’s terms, between their bodies and the material world. Moreover, feelings of shame over this disjuncture worked in tandem with a deeply felt, pressing sense that something must be done in the present to secure a better health future. The belief that bariatric surgery might finally provide a durable answer to obesity served as a strong motivating factor in their decisions to undergo bariatric surgery. By taking drastic action to lose weight, participants hoped to contest stigmatizing beliefs that their fat bodies reflected pathological interiors. Moreover, they sought to demonstrate responsibility and thus secure proper subjectivities and citizenship. In this sense, concerns, anxieties, and fears about health cannot be disentangled from the experience of anti-fat stigma and discrimination. Again, anti-fat bias, for these participants, was more than discursive: it operated through the circulation of emotion and was experienced in a very material sense. The decision to have weight loss surgery can thus be seen as occurring at the interface of emotion, flesh, space, place, and time, and in ways that are fundamentally shaped by the broader social context of neoliberal healthism. AcknowledgmentI am grateful to the anonymous reviewers of this article for their helpful feedback on earlier version. References Adams, Vincanne, Michelle Murphy, and Adele E. Clarke. “Anticipation: Technoscience, Life, Affect, Temporality.” Subjectivity 28.1 (2009): 246-265. Ahmed, Sara. “Affective Economies.” Social Text 22.2 (2004): 117-139 Boero, Natalie. Killer Fat: Media, Medicine, and Morals in the American "Obesity Epidemic". New Brunswick: Rutgers University Press, 2012. Butler, Judith. Undoing Gender. New York: Routledge, 2004. Bynum, Caroline Walker. 1999. Jefferson Lecture in the Humanities. National Endowment for the Humanities. Washington, DC, 1999. Cahnman, Werner J. “The Stigma of Obesity.” The Sociological Quarterly 9.3 (1968): 283-299. Chang, Virginia W., and Nicholas A. Christakis. “Medical Modeling of Obesity: A Transition from Action to Experience in a 20th Century American Medical Textbook.” Sociology of Health & Illness 24.2 (2002): 151-177. Coleman, Rebecca. “Dieting Temporalities: Interaction, Agency and the Measure of Online Weight Watching.” Time & Society 19.2 (2010): 265-285. Colls, Rachel. “‘Looking Alright, Feeling Alright:’ Emotions, Sizing, and the Geographies of Women’s Experience of Clothing Consumption.” Social & Cultural Geography 5.4 (2004): 583-596. Crawford, Robert. “You Are Dangerous to Your Health: The Ideology and Politics of Victim Blaming.” International Journal of Health Services 7.4 (1977): 663-680. ———. “Health as a Meaningful Social Practice.: Health 10.4 (2006): 401-20. Dedoose. Computer Software. n.d. Franko, Debra L., Emilie J. Coen, James P. Roehrig, Rachel Rodgers, Amy Jenkins, Meghan E. Lovering, Stephanie Dela Cruz. “Considering J. Lo and Ugly Betty: A Qualitative Examination of Risk Factors and Prevention Targets for Body Dissatisfaction, Eating Disorders, and Obesity in Young Latina Women.” Body Image 9.3 (2012), 381-387. Fikken, Janna J., and Esther D. Rothblum. “Is Fat a Feminist Issue? Exploring the Gendered Nature of Weight Bias.” Sex Roles 66.9-10 (2012): 575-592. Fraser, Suzanne, JaneMaree Maher, and Jan Wright. “Between Bodies and Collectivities: Articulating the Action of Emotion in Obesity Epidemic Discourse.” Social Theory & Health 8.2 (2010): 192-209. Garland Thomson, Rosemarie. “Misfits: A Feminist Materialist Disability Concept.” Hypatia 26.3 (2011): 591-609. Goffman, Erving. Stigma: Notes on the Management of Spoiled Identity. New York: Simon & Schuster, 1963. Grabe, Shelly, and Janet S. Hyde. “Ethnicity and Body Dissatisfaction among Women in the United States: A Meta-Analysis.” Psychological Bulletin 132.2 (2006): 622. Greenhalgh, Susan. “Weighty Subjects: The Biopolitics of the U.S. War on Fat.” American Ethnologist 39.3 (2012): 471-487. Grosz, Elizabeth A. “Bodies-Cities.” Feminist Theory and the Body: A Reader, eds. Janet Price and Margrit Shildrick. New York: Routledge, 1999. 381-387. Guthman, Julie. “Teaching the Politics of Obesity: Insights into Neoliberal Embodiment and Contemporary Biopolitics.” Antipode 41.5 (2009): 1110-1133. Kassirer, Jerome P., and M. Marcia Angell. “Losing Weight: An Ill-Fated New Year's Resolution.” The New England Journal of Medicine 338.1 (1998): 52. Kirkland, Anna. “Think of the Hippopotamus: Rights Consciousness in the Fat Acceptance Movement.” Law & Society Review 42.2 (2008): 397-432. Lewis, Sophie, Samantha L. Thomas, R. Warwick Blood, David Castle, Jim Hyde, and Paul A. Komesaroff. “How Do Obese Individuals Perceive and Respond to the Different Types of Obesity Stigma That They Encounter in Their Daily Lives? A Qualitative Study.” Social Science & Medicine 73.9 (2011): 1349-56. López, Julia Navas. “Socio-Anthropological Analysis of Bariatric Surgery Patients: A Preliminary Study.” Social Medicine 4.4 (2009): 209-217. McPhail, Deborah. “What to Do with the ‘Tubby Hubby?: ‘Obesity,’ the Crisis of Masculinity, and the Nuclear Family in Early Cold War Canada. Antipode 41.5 (2009): 1021-1050. Mann, Traci, A. Janet Tomiyama, Erika Westling, Ann-Marie Lew, Barbara Samuels, and Jason Chatman. “Medicare’s Search for Effective Obesity Treatments.” American Psychologist 62.3 (2007): 220-233. Metzl, Jonathan. “Introduction: Why ‘Against Health?’” Against Health: How Health Became the New Morality, eds. Jonathan Metzl and Anna Kirkland. New York: NYU Press, 2010. 1-14. Puhl, Rebecca M. “Obesity Stigma: Important Considerations for Public Health.” American Journal of Public Health 100.6 (2010): 1019-1028.———, and Kelly D. Brownell. “Psychosocial Origins of Obesity Stigma: Toward Changing a Powerful and Pervasive Bias.” Obesity Reviews 4.4 (2003): 213-227. ——— and Chelsea A. Heuer. “The Stigma of Obesity: A Review and Update.” Obesity 17.5 (2009): 941-964. Schafer, Markus H., and Kenneth F. Ferraro. “The Stigma of Obesity: Does Perceived Weight Discrimination Affect Identity and Physical Health?” Social Psychology Quarterly 74.1 (2011): 76-97. Schwartz, H. Never Satisfied: A Cultural History of Diets, Fantasies, and Fat. New York: Anchor Books, 1986. Wadden, Thomas A., David B. Sarwer, Anthony N. Fabricatore, LaShanda R. Jones, Rebecca Stack, and Noel Williams. “Psychosocial and Behavioral Status of Patients Undergoing Bariatric Surgery: What to Expect before and after Surgery.” The Medical Clinics of North America 91.3 (2007): 451-69. Wilson, Bianca. “Fat, the First Lady, and Fighting the Politics of Health Science.” Lecture. The Graduate Center of the City University of New York. 14 Feb. 2011.

Introduction: Conceptualizing DisabilityThe two most prominent models for understanding disability are the medical model and the social model (“Disability”). The medical model locates disability in the person and emphasises the possibility of a cure, reinforcing the idea that disability is the fault of the disabled person, their body, their genes, and/or their upbringing. The social model, formulated as a response to the medical model, presents disability as a failure of the surrounding environment to accommodate differently abled bodies and minds. Closely linked to identity politics, the social model argues that disability is not a defect to be fixed but a source of human experience and identity, and that to disregard the needs of people with disability is to discriminate against them by being “ableist.”Both models have limitations. On the one hand, simply being a person with disability or having any other minority identity/-ies does not by itself lead to exclusion and discrimination (Nocella 18); an element of social valuation must be present that goes beyond a mere numbers game. On the other hand, merely focusing on the social aspect neglects “the realities of sickness, suffering, and pain” that many people with disability experience (Mollow 196) and that cannot be substantially alleviated by any degree of social change. The body is irreducible to discourse and representation (Siebers 749). Disability exists only at the confluence of differently abled minds and bodies and unaccommodating social and physical environs. How a body “fits” (my word) its environment is the focus of the “ecosomatic paradigm” (Cella 574-75); one example is how the drastically different environment of Cormac McCarthy’s The Road (2006) reorients the coordinates of ability and impairment (Cella 582–84). I want to examine a novel that, conversely, features a change not in environment but in body.Alien LegsTim Farnsworth, the protagonist of Joshua Ferris’s second novel, The Unnamed (2010), is a high-powered New York lawyer who develops a condition that causes him to walk spontaneously without control over direction or duration. Tim suffers four periods of “walking,” during which his body could without warning stand up and walk at any time up to the point of exhaustion; each period grows increasingly longer with more frequent walks, until the fourth one ends in Tim’s death. As his wife, Jane, understands it, these forced excursions are “a hijacking of some obscure order of the body, the frightened soul inside the runaway train of mindless matter” (24). The direction is not random, for his legs follow roads and traffic lights. When Tim is exhausted, his legs abruptly stop, ceding control back to his conscious will, whence Tim usually calls Jane and then sleeps like a baby wherever he stops. She picks him up at all hours of the day and night.Contemporary critics note shades of Beckett in both the premise and title of the novel (“Young”; Adams), connections confirmed by Ferris (“Involuntary”); Ron Charles mentions the Poe story “The Man of the Crowd” (1845), but it seems only the compulsion to walk is similar. Ferris says he “was interested in writing about disease” (“Involuntary”), and disability is at the core of the novel; Tim more than once thinks bitterly to himself that the smug person without disability in front of him will one day fall ill and die, alluding to the universality of disability. His condition is detrimental to his work and life, and Stuart Murray explores how this reveals the ableist assumptions behind the idea of “productivity” in a post-industrial economy. In one humorous episode, Tim arrives unexpectedly (but volitionally) at a courtroom and has just finished requesting permission to join the proceedings when his legs take him out of the courtroom again; he barely has time to shout over his shoulder, “on second thought, Your Honor” (Ferris Unnamed 103). However, Murray does not discuss what is unique about Tim’s disability: it revolves around walking, the paradigmatic act of ability in popular culture, as connoted in the phrase “to stand up and walk.” This makes it difficult to understand Tim’s predicament solely in terms of either the medical or social model. He is able-bodied—in fact, we might say he is “over-able”—leading one doctor to label his condition “benign idiopathic perambulation” (41; my emphasis); yet the lack of agency in his walking precludes it from becoming a “pedestrian speech act” (de Certeau 98), walking that imbues space with semiotic value. It is difficult to imagine what changes society could make to neutralize Tim’s disability.The novel explores both avenues. At first, Tim adheres to the medical model protocol of seeking a diagnosis to facilitate treatment. He goes to every and any (pseudo)expert in search of “the One Guy” who can diagnose and, possibly, cure him (53), but none can; a paper in The New England Journal of Medicine documents psychiatrists and neurologists, finding nothing, kicking the can between them, “from the mind to body back to the mind” (101). Tim is driven to seek a diagnosis because, under the medical model, a diagnosis facilitates understanding, by others and by oneself. As the Farnsworths experience many times, it is surpassingly difficult to explain to others that one has a disease with no diagnosis or even name. Without a name, the disease may as well not exist, and even their daughter, Becka, doubts Tim at first. Only Jane is able to empathize with him based on her own experience of menopause, incomprehensible to men, gesturing towards the influence of sex on medical hermeneutics (Mollow 188–92). As the last hope of a diagnosis comes up empty, Tim shifts his mentality, attempting to understand his condition through an idiosyncratic idiom: experiencing “brain fog”, feeling “mentally unsticky”, and having “jangly” nerves, “hyperslogged” muscles, a “floaty” left side, and “bunched up” breathing—these, to him, are “the most precise descriptions” of his physical and mental state (126). “Name” something, “revealing nature’s mystery”, and one can “triumph over it”, he thinks at one point (212). But he is never able to eschew the drive toward understanding via naming, and his “deep metaphysical ache” (Burn 45) takes the form of a lament at misfortune, a genre traceable to the Book of Job.Short of crafting a life for Tim in which his family, friends, and work are meaningfully present yet detached enough in scheduling and physical space to accommodate his needs, the social model is insufficient to make sense of, let alone neutralize, his disability. Nonetheless, there are certain aspects of his experience that can be improved with social adjustments. Tim often ends his walks by sleeping wherever he stops, and he would benefit from sensitivity training for police officers and other authority figures; out of all the authority figures who he encounters, only one shows consideration for his safety, comfort, and mental well-being prior to addressing the illegality of his behaviour. And making the general public more aware of “modes of not knowing, unknowing, and failing to know”, in the words of Jack Halberstam (qtd. in McRuer and Johnson 152), would alleviate the plight not just of Tim but of all sufferers of undiagnosed diseases and people with (rare forms of) disability.After Tim leaves home and starts walking cross-country, he has to learn to deal with his disability without any support system. The solution he hits upon illustrates the ecosomatic paradigm: he buys camping gear and treats his walking as an endless hike. Neither “curing” his body nor asking accommodation of society, Tim’s tools mediate a fit between body and environs, and it more or less works. For Tim the involuntary nomad, “everywhere was a wilderness” (Ferris Unnamed 247).The Otherness of the BodyProblems arise when Tim tries to fight his legs. After despairing of a diagnosis, he internalises the struggle against the “somatic noncompliance” of his body (Mollow 197) and refers to it as “the other” (207). One through-line of the novel is a (failed) attempt to overcome cartesian duality (Reiffenrath). Tim divides his experiences along cartesian lines and actively tries to enhance while short-circuiting the body. He recites case law and tries to take up birdwatching to maintain his mind, but his body constantly stymies him, drawing his attention to its own needs. He keeps himself ill-clothed and -fed and spurns needed medical attention, only to find—on the brink of death—that his body has brought him to a hospital, and that he stops walking until he is cured and discharged. Tim’s early impression that his body has “a mind of its own” (44), a situation comparable to the Strange Case of Dr Jekyll and Mr Hyde (1886; Ludwigs 123–24), is borne out when it starts to silently speak to him, monosyllabically at first (“Food!” (207)), then progressing to simple sentences (“Leg is hurting” (213)) and sarcasm (“Deficiency of copper causes anemia, just so you know” (216)) before arriving at full-blown taunting:The other was the interrogator and he the muttering subject […].Q: Are you aware that you can be made to forget words, if certain neurons are suppressed from firing?A: Certain what?Q: And that by suppressing the firing of others, you can be made to forget what words mean entirely? Like the word Jane, for instance.A: Which?Q: And do you know that if I do this—[inaudible]A: Oof!Q: —you will flatline? And if I do this—[inaudible]A: Aaa, aaa…Q: —you will cease flatlining? (223–24; emphases and interpolations in original except for bracketed ellipsis)His Jobean lament turns literal, with his mind on God’s side and his body, “the other”, on the Devil’s in a battle for his eternal soul (Burn 46). Ironically, this “God talk” (Ferris Unnamed 248) finally gets Tim diagnosed with schizophrenia, and he receives medication that silences his body, if not stilling his legs. But when he is not medicated, his body can dominate his mind with multiple-page monologues.Not long after Tim’s mind and body reach a truce thanks to the camping gear and medication, Tim receives word on the west coast that Jane, in New York, has terminal cancer; he resolves to fight his end-of-walk “narcoleptic episodes” (12) to return to her—on foot. His body is not pleased, and it slowly falls apart as Tim fights it eastward cross-country. By the time he is hospitalized “ten miles as the crow flies from his final destination”, his ailments include “conjunctivitis”, “leg cramps”, “myositis”, “kidney failure”, “chafing and blisters”, “shingles”, “back pain”, “bug bites, ticks, fleas and lice”, “sun blisters”, “heatstroke and dehydration”, “rhabdomyolysis”, “excess [blood] potassium”, “splintering [leg] bones”, “burning tongue”, “[ballooning] heels”, “osteal complications”, “acute respiratory distress syndrome”, “excess fluid [in] his peritoneal cavity”, “brain swelling”, and a coma (278–80)—not including the fingers and toes lost to frostbite during an earlier period of walking. Nevertheless, he recovers and reunites with Jane, maintaining a holding pattern by returning to Jane’s hospital bedside after each walk.Jane recovers; the urgency having dissipated, Tim goes back on the road, confident that “he had proven long ago that there was no circumstance under which he could not walk if he put his mind to it” (303). A victory for mind over body? Not quite. The ending, Tim’s death scene, planned by Ferris from the beginning (Ferris “Tracking”), manages to grant victory to both mind and body without uniting them: his mind keeps working after physical death, but its last thought is of a “delicious […] cup of water” (310). Mind and body are two, but indivisible.Cartesian duality has relevance for other significant characters. The chain-smoking Detective Roy, assigned the case Tim is defending, later appears with oxygen tank in tow due to emphysema, yet he cannot quit smoking. What might have been a mere shortcut for characterization here carries physical consequences: the oxygen tank limits Roy’s movement and, one supposes, his investigative ability. After Jane recovers, Tim visits Frank Novovian, the security guard at his old law firm, and finds he has “gone fat [...] His retiring slouch behind the security post said there was no going back”; recognising Tim, Frank “lifted an inch off [his] chair, righting his jellied form, which immediately settled back into place” (297; my emphases). Frank’s physical state reflects the state of his career: settled. The mind-body antagonism is even more stark among Tim’s lawyer colleagues. Lev Wittig cannot become sexually aroused unless there is a “rare and extremely venomous snak[e]” in the room with no lights (145)—in direct contrast to his being a corporate tax specialist and the “dullest person you will ever meet” (141). And Mike Kronish famously once billed a twenty-seven-hour workday by crossing multiple time zones, but his apparent victory of mind over matter is undercut by his other notable achievement, being such a workaholic that his grown kids call him “Uncle Daddy” (148).Jane offers a more vexed case. While serving as Tim’s primary caretaker, she dreads the prospect of sacrificing the rest of her life for him. The pressures of the consciously maintaining her wedding vows directly affects her body. Besides succumbing to and recovering from alcoholism, she is twice tempted by the sexuality of other men; the second time, Tim calls her at the moment of truth to tell her the walking has returned, but instead of offering to pick him up, she says to him, “Come home” (195). As she later admits, asking him to do the impossible is a form of abandonment, and though causality is merely implied, Tim decides a day later not to return. Cartesian duality is similarly blurred in Jane’s fight against cancer. Prior to developing cancer, it is the pretence for Tim’s frequent office absences; she develops cancer; she fights it into remission not by relying on the clinical trial she undergoes, but because Tim’s impossible return inspires her; its remission removes the sense of urgency keeping Tim around, and he leaves; and he later learns that she dies from its recurrence. In multiple senses, Jane’s physical challenges are inextricable from her marriage commitment. Tim’s peripatetic condition affects both of them in homologous ways, gesturing towards the importance of disability studies for understanding the experience both of people with disability and of their caretakers.Becka copes with cartesian duality in the form of her obesity, and the way she does so sets an example for Tim. She gains weight during adolescence, around the time Tim starts walking uncontrollably, and despite her efforts she never loses weight. At first moody and depressed, she later channels her emotions into music, eventually going on tour. After one of her concerts, she tells Tim she has accepted her body, calling it “my one go-around,” freeing her from having to “hate yourself till the bitter end” (262) to instead enjoy her life and music. The idea of acceptance stays with Tim; whereas in previous episodes of walking he ignored the outside world—another example of reconceptualizing walking in the mode of disability—he pays attention to his surroundings on his journey back to New York, which is filled with descriptions of various geographical, meteorological, biological, and sociological phenomena, all while his body slowly breaks down. By the time he leaves home forever, he has acquired the habit of constant observation and the ability to enjoy things moment by moment. “Beauty, surprisingly, was everywhere” (279), he thinks. Invoking the figure of the flâneur, which Ferris had in mind when writing the novel (Ferris “Involuntary”), Peter Ferry argues that “becoming a 21st century incarnation of the flâneur gives Tim a greater sense of selfhood, a belief in the significance of his own existence within the increasingly chaotic and disorientating urban environment” (59). I concur, with two caveats: the chaotic and disorienting environment is not merely urban; and, contrary to Ferry’s claim that this regained selfhood is in contrast to “disintegrating” “conventional understandings of masculinity” (57), it instead incorporates Tim’s new identity as a person with disability.Conclusion: The Experience of DisabilityMore than specific insights into living with disability, the most important contribution of The Unnamed to disability studies is its exploration of the pure experience of disability. Ferris says, “I wanted to strip down this character to the very barest essentials and see what happens when sickness can’t go away and it can’t be answered by all [sic] of the medical technology that the country has at its disposal” (“Tracking”); by making Tim a wealthy lawyer with a caring family—removing common complicating socioeconomic factors of disability—and giving him an unprecedented impairment—removing all medical support and social services—Ferris depicts disability per se, illuminating the importance of disability studies for all people with(out) disability. After undergoing variegated experiences of pure disability, Tim “maintained a sound mind until the end. He was vigilant about periodic checkups and disciplined with his medication. He took care of himself as best he could, eating well however possible, sleeping when his body required it, […] and he persevered in this manner of living until his death” (Ferris Unnamed 306). This is an ideal relation to maintain between mind, body, and environment, irrespective of (dis)ability.ReferencesAdams, Tim. “The Unnamed by Joshua Ferris.” Fiction. Observer, 21 Feb. 2010: n. pag. 19 Sep. 2018 <https://www.theguardian.com/books/2010/feb/21/the-unnamed-joshua-ferris>.Burn, Stephen J. “Mapping the Syndrome Novel.” Diseases and Disorders in Contemporary Fiction: The Syndrome Syndrome. Eds. T.J. Lustig and James Peacock. New York: Routledge, 2013. 35-52.Cella, Matthew J.C. “The Ecosomatic Paradigm in Literature: Merging Disability Studies and Ecocriticism.” Interdisciplinary Studies in Literature and Environment 20.3 (2013): 574–96.De Certeau, Michel. The Practice of Everyday Life. 1980. Trans. Steven Rendall. Berkeley: U of California P, 1984.Charles, Ron. “Book World Review of Joshua Ferris’s ‘The Unnamed.’” Books. Washington Post 20 Jan. 2010: n. pag. 19 Sep. 2018 <http://www.washingtonpost.com/wp-dyn/content/article/2010/01/19/AR2010011903945.html>.“Disability.” Wikipedia: The Free Encyclopedia 17 Sep. 2018. 19 Sep. 2018 <https://en.wikipedia.org/wiki/Disability>.Ferris, Joshua. “Involuntary Walking; the Joshua Ferris Interview.” ReadRollShow. Created by David Weich. Sheepscot Creative, 2010. Vimeo, 9 Mar. 2010. 18 Sep. 2018 <https://www.vimeo.com/10026925>. [My transcript.]———. “Tracking a Man’s Life, in Endless Footsteps.” Interview by Melissa Block. All Things Considered, NPR, 15 Feb. 2010. 18 Sep. 2018 <https://www.npr.org/templates/transcript/transcript.php?storyId=123650332>.———. The Unnamed: A Novel. New York: Little, Brown, 2010.Ferry, Peter. “Reading Manhattan, Reading Masculinity: Reintroducing the Flâneur with E.B. White’s Here Is New York and Joshua Ferris’ The Unnamed.” Culture, Society & Masculinities 3.1 (2011): 49–61.Ludwigs, Marina. “Walking as a Metaphor for Narrativity.” Studia Neophilologica 87.1 (Suppl. 1) (2015): 116–28.McCarthy, Cormac. The Road. New York: Vintage, 2006.McRuer, Robert, and Merri Lisa Johnson. “Proliferating Cripistemologies: A Virtual Roundtable.” Journal of Literary and Cultural Disability Studies 8.2 (2014): 149–69.Mollow, Anna. “Criphystemologies: What Disability Theory Needs to Know about Hysteria.” Journal of Literary and Cultural Disability Studies 8.2 (2014): 185–201.Murray, Stuart. “Reading Disability in a Time of Posthuman Work: Speed and Embodiment in Joshua Ferris’ The Unnamed and Michael Faber’s Under the Skin.” Disability Studies Quarterly 37.4 (2017). 20 May 2018 <http://dsq–sds.org/article/view/6104/4823/>.Nocella, Anthony J., II. “Defining Eco–Ability: Social Justice and the Intersectionality of Disability, Nonhuman Animals, and Ecology.” Earth, Animal, and Disability Liberation: The Rise of the Eco–Ability Movement. Eds. Anthony J. Nocella II, Judy K.C. Bentley, and Janet M. Duncan. New York: Peter Lang, 2012. 3–21.Poe, Edgar Allan. “The Man of the Crowd.” 1845. PoeStories.com. 18 Sep. 2018 <https://poestories.com/read/manofthecrowd>.Reiffenrath, Tanja. “Mind over Matter? Joshua Ferris’s The Unnamed as Counternarrative.” [sic] – a journal of literature, culture and literary translation 5.1 (2014). 20 May 2018 <https://www.sic–journal.org/ArticleView.aspx?aid=305/>.Siebers, Tobin. “Disability in Theory: From Social Constructionism to the New Realism of the Body.” American Literary History 13.4 (2001): 737–54.“The Young and the Restless.” Review of The Unnamed by Joshua Ferris. Books and Arts. Economist, 28 Jan. 2010: n. pag. 19 Sep. 2018 <https://www.economist.com/books-and-arts/2010/01/28/the-young-and-the-restless>.