Articoli di riviste sul tema "Union County journal (Ohio)"

The author, holder of a Bachelor's degree in Sociology, a Masters'degree in Education Sociology, both from the University of Lagos, Nigeria, and a Ph.D in Sociology of Education from the University of Birmingham, England, is currently an Associate Professor of Sociology of Education at Lagos State University, and an Adjunct Professorat Union Institute and University Graduate College, Cincinnati, Ohio,USA. She has over 40 publications (national and international) which include journal articles, book chapters, monographs, text books and commissioned empirical research reports. Dr Omokhodion is an external examiner to some Nigerian universities, a consultant to UNICEF, UNESCO and UNDP, Nigeria Country Offices, Federal Ministry of Education, National Commission for Mass Literacy, Adult and Non-Formal education, and does accreditation of Courses for Nigerian Colleges of Education. She is currently working on an expanded version of her book on the Sociology of Esan, Edo State, Nigeria and on another book on The Sociology of African Families. Dr Omokhodion is a member of the World Society for Ekistics. The text that follows is a slightly revised and edited version of a paper presented at the international symposion on "Globalization and LocalIdentity," organized jointly by the World Society for Ekistics and the University of Shiga Prefecture in Hikone, Japan, 19-24 September 2005.

The aim of this paper is to present tourism and recreation in the county of Kremenets on the pages of “Życie Krzemienieckie” [Life of Kremenets] journal.”Życie Krzemienieckie” was issued in Kremenets in the years 1932-1939 and was published monthly. In some periods, “Życie Krzemienieckie” came out as a biweekly. It was a journal which was to provide information on social, cultural and economic life, as well as tourist and recreational activity, mostly of the Kremenets county community. As far as preparations for drawing up the study are concerned, the following procedures were used: analysis of historical sources, synthesis, induction, deduction and the comparative method. <br>The years 1932-1939 saw the development of tourism and recreation in the county of Kremenets. It was noticeable in the progression of infrastructure for tourism and recreation, e.g. in Kremenets, the Community and Tourism House was built. Some facilities were established for active tourism in the county of Kremenets. In addition to infrastructure, an important element in tourism activity was personnel training. Activity in the fi eld of tourism and recreation was pursued by social organisations including the following; Polish Sightseeing Association (branch in Kremenets), the County Committee for Physical Education and Military Training in Kremenets, the County Committee of Rural Youth in Kremenets, the Volhynian District Skiing Association, Union of Social Organisations and Association of Women’s Civic Work. In the fi eld of tourism, an important role was played by Kremenets Secondary School. In Kremenets, a department of the “Orbis” Travel Agency operated. In the county of Kremenets, mainly sightseeing, school as well asactive tourism was practised, and excursion traffi c in its broad sense was notable.

Abstract The objective of the study was to analyze whether higher nurse aide retention was related to better resident care experiences using an overall score and seven domain scores among a sample of Ohio nursing homes. The 2017 Ohio Biennial Survey of Long-Term Care Facilities was used in combination with the 2017 Ohio Nursing Home Resident Satisfaction Survey. These data were merged with the Ohio Medicaid Cost Report, Certification and Survey Provider Enhanced Reports, LTC Focus, Area Health Resource File, Rural Urban Commuting Area data, and Payroll-based Journal Public Use Files. The analytic sample (N=690) represents freestanding facilities with a full-year cost report. The analysis included means and frequencies, ANOVAs with Tukey adjustments, and linear regressions that controlled for heteroskedasticity. Quartiles of the CNA retention rate were used to define four groups: low, medium, high, and extremely high. After controlling for facility and county characteristics, facilities with high CNA retention (61-72%) had significantly higher overall resident care experience scores by 1.27 percentage points and better environment scores by 1.35 percentage points compared to those with low CNA retention (0-48%). Medium retention (49-60%) also had significantly better environment scores than low retention. Compared to the high retention group, facilities with extremely high retention (73%+) had significantly lower scores for the overall resident care experience, facility culture, caregivers, and spending time. Maintaining a high retention rate of CNAs is important, but there were surprising negative effects from having extremely high retention potentially due to high burnout or poor person-job fit.

Soybean has been increasing in importance and acreage over wheat and corn for the past decade in Ohio and is now planted on 4.5 million acres. Previous surveys in Ohio of viruses infecting soybean failed to identify Bean pod mottle virus (BPMV) and soybean virus diseases have rarely caused economic losses (1). During 1999, producers in Ohio noticed virus-like symptoms in soybeans in a few isolated locations. Soybeans with green stems, undersized and “turned up pods” were collected from Union, Wood and Wyandot Counties during October 1999 and soybeans with crinkled, mottled leaves were collected in Henry, Licking and Sandusky during August 2000. Five to six plants were collected from a single field from each county each year. In 1999, samples were sent to the University of Wisconsin-Madison, where one symptomatic leaflet/sample was ground in 3 ml of chilled phosphate buffered saline (pH 7.2). Leaf sap was placed in 1.5-ml centrifuge tubes and stored at 4°C for 24 h. Sap was assayed for the presence of BPMV using an alkaline phosphatase-labeled double-antibody sandwich enzyme-linked immunosorbent assay (DAS ELISA) for BPMV (AgDia Inc., Elkhart, IN). All samples tested were positive for BPMV. Samples collected in 1999 were also maintained at The Ohio State University in Harosoy soybean and in 2000 assayed serologically along with samples collected in 2000 for BPMV and Soybean mosaic virus (SMV) by ELISA and for Tobacco ringspot virus (TRSV) and Bean yellow mosaic virus (BYMV) by a host-range symptom assay; SMV, BYMV and TRSV had been identified from soybean in previous Ohio surveys. Soybean leaf samples were assayed using F(ab′)2-Protein A ELISA with antiserum prepared in 1968 to a southern U.S. isolate of BPMV and to an Ohio isolate of Soybean mosaic virus (SMV) prepared in 1967, both stored at −20°C. Diseased and non-symptomatic soybean leaf samples were ground in 4 ml 0.025M Tris pH 8.0, 0.015M NaCl and 0.05% Tween 20. Extracts were tested for BPMV and SMV by ELISA following a protocol described elsewhere (2). All of the samples collected during 1999 and maintained in the greenhouse tested positive for both BPMV and SMV while all of those samples collected during 2000 tested positive for BPMV and negative for SMV. Host-range symptom assays were conducted with leaf extracts prepared by grinding 1 g tissue:10 ml potassium phosphate buffer, pH 7.0. Extracts were inoculated by leaf rub method to Harosoy soybean, Phaseolus vulgaris cvs. Red Kidney and Bountiful, cowpea, and cucumber. The host-range symptom assays of both the 1999 and 2000 samples were negative for TRSV and BYMV; cowpea failed to express local lesions and cucumber systemic mosaic characteristic of TRSV infection and the two Phaseolus cultivars the yellow mosaic characteristic of BYMV infection. These results indicate that both BPMV and SMV were present in the samples in 1999 but only BPMV in 2000. The distribution of BPMV within Ohio and economic impact of this virus have yet to be determined. This is the first report of BPMV in Ohio. References: (1) A. F. Schmitthenner and D. T. Gordon. Phytopathology 59:1048, 1969. (2) R. Louie et al. Plant Dis. 84:1133–1139, 2000.

Dr. Penny Hansen is an international physiology educator. She was born in America and became a Canadian citizen, and her husband is from Sweden. Dr. Hansen has a reputation throughout the world from international meetings and visiting professorships in North America and Europe. She received her bachelor’s and master’s degrees in Ohio, and her PhD and entire academic career have been at Memorial University in St. John’s, Newfoundland, which is closer to London than to New Orleans. She found a hospitable environment and stayed. Remember how some jet planes were grounded on Sept. 11 at Gander, Newfoundland; the local people opened their homes, transported passengers in school buses, and served them free meals for a couple of days. Dr. Hansen has received local and national awards for her teaching skills. At St. John’s, her ideas about education quickly outgrew the Basic Science Division in the Faculty of Medicine. She went from Assistant Dean for Undergraduate Medical Education to Director of Academic Development for Medicine to director of a center for health professional education for five professional schools. With this track record she might have been chosen to be dean of a medical school. Dr. Hansen’s most notable contribution to international physiology has been in editing our Society’s teaching journal, Advances in Physiology Education, for nine years. During that time, she has written provocative editorials, encouraged authors from developing countries, and found ways to incorporate fresh ideas about teaching. As far as I know, no other society in the Federation of American Societies for Experimental Biology has a journal devoted to teaching. This is a tribute to Dr. Hansen and her associate editors in their encouragement of teachers to do research on teaching and publish their findings. Dr. Hansen will continue writing and is authoring a textbook entitled Physiology of Life Situations, which will have unique organization. Dr. Hansen was recently appointed co-chair of the Education Committee for the International Union of Physiological Sciences. In that role, she is responsible for conducting teaching workshops and providing resources to teachers of physiology worldwide, particularly in developing countries. She spends time each winter teaching at St. George’s Medical School in Granada. Dr. Hansen is also the elected chair of the Teaching Section for the next three years. It is particularly appropriate that, on this Earth Day 2002, whose motto is “One People, One Earth, One Future,” we hear a citizen of Canada who teaches worldwide talk about“Physiology’s Recondite Curriculum.”—Roger TannerThies, PhD, Professor Emeritus of Physiology, The University of Oklahoma Health Sciences Center, Oklahoma City, Oklahoma.

The Constitution of Kenya specifically recognizes the freedom of association to form and belong to trade unions. However, despite the adoption of the Labour Relations Act, union practice is still hampered by excessive restrictions. The EPZ companies are labor intensive requiring a large amount of labor to produce its goods or service and thus, the welfare of the employees play a key role in their functions. This study sought to determine the effect of trade union practices on employees’ welfare at export processing zones industries in Athi River, Kenya. The specific objectives sought to determine the effect of collective bargaining agreements, industrial action, dispute resolution and trade union representation on employees’ welfare at export processing zones industries in Athi River, Kenya. The study employed a descriptive research design. Primary data was collected by means of a structured questionnaire. The target population of the study was employees in EPZ companies in Athi River, Kenya with large employees enrolled in active trade unions. The unit of observation was the employees in the trade unions. The findings indicated that collective bargaining agreements had a positive and significant coefficient with employees’ welfare at the EPZ industries. Industrial action had a positive but non-significant effect with employees’ welfare at Export Processing Zones industries. Dispute resolution had a positive and significant coefficient with employees’ welfare at the EPZ industries. Trade union representation had a positive and significant coefficient with employees’ welfare at the EPZ industries. The study recommended that trade union should avoid the path of confrontation but continue dialogue through the collective bargaining process and demands should be realistic in nature with what is obtainable in the related industry. An existence of a formal two way communication between management and trade unions will ensure that right message is properly understood and on time too. Keywords: Collective Bargaining Agreements, Industrial Action, Dispute Resolution, Trade Union Representation, Employees Welfare & Export Processing Zones

AbstractThe disproportionate risks and impacts of climate change and extreme weather on older adults are increasingly evident. While especially true in disaster-prone areas, human-caused climate change introduces an element of uncertainty even in previously identified “safe” regions such as the Midwestern United States. Using a cumulative disadvantage and vulnerability-informed framework and descriptive statistics from multiple data sources, this article provides an overview of climate impacts, vulnerabilities, and county-level characteristics, focusing on older adults living in Central Ohio. A comparative multiple-case study methodology was used to triangulate regionally representative primary and secondary data sources to examine state and county-level measures of vulnerability, emergency preparedness, and disruptions caused by extreme weather among older adults across eight counties in Central Ohio. Seventy-eight percent of older adults in the sample reported being prepared for emergencies per Federal Emergency Management Agency guidelines. Older adults in Union County reported the highest rates of preparedness, while those in Fayette County reported the lowest. County-level rates of disruption of life activities by extreme weather ranged widely. Among the most rural in the region, Fayette County emerged as uniquely disadvantaged, with the lowest median income, the most vulnerable across multiple social vulnerability dimensions, and the most reported disruptions to life activities from extreme weather. County profiles offer a snapshot of existing vulnerabilities, socioeconomic conditions, special needs, preparedness, and current disruptions among older adults in the region and can inform resource mobilization across community and policy contexts.

Customs was one of the six areas highlighted for improvement by the United Nations International Symposium on Trade Efficiency, which was held in Columbus, Ohio, in 1994. A review by the World Customs Organization (WCO) of their training for members led to the start of a Customs Reform and Modernisation program in 1994. In 2005 an informal strategy set the scene for (a) the development of professional standards, (b) the International Network of Customs Universities and (c) the World Customs Journal. In 2008 the WCO published the first Partnerships in Customs Academic Research and Development (PICARD) standards and in 2017 the European Commission published the European Union (EU) Customs Competency Framework for operational and management development in the customs profession. The road from the Columbus Declaration in 1994 has been long and difficult. The perseverance of many has addressed the need for managerial skills, knowledge and capacity to a point where the customs profession is better now than 25 years ago.

During World War II, the Soviet Union’s food supply was in a state of crisis. Hitler’s army had occupied the agricultural heartlands of Ukraine and Southern Russia in 1941 and, as a result, agricultural production for the entire nation had plummeted. Soldiers in Red Army, who easily ate the best rations in the country, subsisted on a daily allowance of just under a kilogram of bread, supplemented with meat, tea, sugar and butter when and if these items were available. The hunger of the Red Army and its effect on the morale and strength of Europe’s eastern warfront were causes for concern for the Soviet government and its European and American allies. The one country with a food surplus decided to do something to help, and in 1942 the United States agreed to send thousands of pounds of meat, cheese and butter overseas to help feed the Red Army. After receiving several shipments of the all-American spiced canned meat SPAM, the Red Army’s quartermaster put in a request for a more familiar canned pork product, Russian tushonka. Pound for pound, America sent more pigs overseas than soldiers during World War II, in part because pork was in oversupply in the America of the early 1940s. Shipping meat to hungry soldiers and civilians in war torn countries was a practical way to build business for the U.S. meat industry, which had been in decline throughout the 1930s. As per a Soviet-supplied recipe, the first cans of Lend-Lease tushonka were made in the heart of the American Midwest, at meatpacking plants in Iowa and Ohio (Stettinus 6-7). Government contracts in the meat packing industry helped fuel economic recovery, and meatpackers were in a position to take special request orders like the one for tushonka that came through the lines. Unlike SPAM, which was something of a novelty item during the war, tushonka was a food with a past. The original recipe was based on a recipe for preserved meat that had been a traditional product of the Ural Mountains, preserved in jars with salt and fat rather than by pressure and heat. Thus tushonka was requested—and was mass-produced—not simply as a convenience but also as a traditional and familiar food—a taste of home cooking that soldiers could carry with them into the field. Nikita Khrushchev later claimed that the arrival of tushonka was instrumental in helping the Red Army push back against the Nazi invasion (178). Unlike SPAM and other wartime rations, tushonka did not fade away after the war. Instead, it was distributed to the Soviet civilian population, appearing in charity donations and on the shelves of state shops. Often it was the only meat product available on a regular basis. Salty, fatty, and slightly grey-toned, tushonka was an unlikely hero of the postwar-era, but during this period tushonka rose from obscurity to become an emblem of socialist modernity. Because it was shelf stable and could be made from a variety of different cuts of meat, it proved an ideal product for the socialist production lines where supplies and the pace of production were infinitely variable. Unusual in a socialist system of supply, this product shaped production and distribution lines, and even influenced the layout of meatpacking factories and the genetic stocks of the animals that were to be eaten. Tushonka’s initial ubiquity in the postwar Soviet Union had little to do with the USSR’s own hog industry. Pig populations as well as their processing facilities had been decimated in the war, and pigs that did survive the Axis invasion had been evacuated East with human populations. Instead, the early presence of tushonka in the pig-scarce postwar Soviet Union had everything to do with Harry Truman’s unexpected September 1945 decision to end all “economically useful” Lend-Lease shipments to the Soviet Union (Martel). By the end of September, canned meat was practically the only product still being shipped as part of Lend-Lease (NARA RG 59). Although the United Nations was supposed to distribute these supplies to needy civilians free of cost, travelers to the Soviet Union in 1946 spotted cans of American tushonka for sale in state shops (Skeoch 231). After American tushonka “donations” disappeared from store shelves, the Soviet Union’s meat syndicates decided to continue producing the product. Between its first appearance during the war in 1943, and the 1957 announcement by Nikita Khrushchev that Soviet policy would restructure all state animal farms to support the mass production of one or several processed meat products, tushonka helped to drive the evolution of the Soviet Union’s meat packing industry. Its popularity with both planners and the public gave it the power to reach into food commodity chains. It is this backward reach and the longer-term impacts of these policies that make tushonka an unusual byproduct of the Cold War era. State planners loved tushonka: it was cheap to make, the logistics of preparing it were not complicated, it was easy to transport, and most importantly, it served as tangible evidence that the state was accomplishing a long-standing goal to get more meat to its citizenry and improving the diet of the average Soviet worker. Tushonka became a highly visible product in the Soviet Union’s much vaunted push to establish a modern food regime intended to rival that of the United States. Because it was shelf-stable, wartime tushonka had served as a practical food for soldiers, but after the war tushonka became an ideal food for workers who had neither the time nor the space to prepare a home-cooked meal with fresh meat. The Soviet state started to produce its own tushonka because it was such an excellent fit for the needs and abilities of the Soviet state—consumer demand was rarely considered by planners in this era. Not only did tushonka fit the look and taste of a modern processed meat product (that is, it was standard in texture and flavor from can to can, and was an obviously industrially processed product), it was also an excellent way to make the most of the predominant kind of meat the Soviet Union had the in the 1950s: small scraps low-grade pork and beef, trimmings leftover from butchering practices that focused on harvesting as much animal fat, rather than muscle, from the carcass in question. Just like tushonka, pork sausages and frozen pelmeny, a meat-filled pasta dumpling, also became winning postwar foods thanks to a happy synergy of increased animal production, better butchering and new food processing machines. As postwar pigs recovered their populations, the Soviet processed meat industry followed suit. One official source listed twenty-six different kinds of meat products being issued in 1964, although not all of these were pork (Danilov). An instructional manual distributed by the meat and milk syndicate demonstrated how meat shops should wrap and display sausages, and listed 24 different kinds of sausages that all needed a special style of tying up. Because of packaging shortages, the string that bound the sausage was wrapped in a different way for every type of sausage, and shop assistants were expected to be able to identify sausages based on the pattern of their binding. Pelmeny were produced at every meat factory that processed pork. These were “made from start to finish in a special, automated machine, human hands do not touch them. Which makes them a higher quality and better (prevoskhodnogo) product” (Book of Healthy and Delicious Food). These were foods that became possible to produce economically because of a co-occurring increase in pigs, the new standardized practice of equipping meatpacking plants with large-capacity grinders, and freezers or coolers and the enforcement of a system of grading meat. As the state began to rebuild Soviet agriculture from its near-collapse during the war, the Soviet Union looked to the United States for inspiration. Surprisingly, Soviet planners found some of the United States’ more outdated techniques to be quite valuable for new Soviet hog operations. The most striking of these was the adoption of competing phenotypes in the Soviet hog industry. Most major swine varieties had been developed and described in the 19th century in Germany and Great Britain. Breeds had a tendency to split into two phenotypically distinct groups, and in early 20th Century American pig farms, there was strong disagreement as to which style of pig was better suited to industrial conditions of production. Some pigs were “hot-blooded” (in other words, fast maturing and prolific reproducers) while others were a slower “big type” pig (a self-explanatory descriptor). Breeds rarely excelled at both traits and it was a matter of opinion whether speed or size was the most desirable trait to augment. The over-emphasis of either set of qualities damaged survival rates. At their largest, big type pigs resembled small hippopotamuses, and sows were so corpulent they unwittingly crushed their tiny piglets. But the sleeker hot-blooded pigs had a similarly lethal relationship with their young. Sows often produced litters of upwards of a dozen piglets and the stress of tending such a large brood led overwhelmed sows to devour their own offspring (Long). American pig breeders had been forced to navigate between these two undesirable extremes, but by the 1930s, big type pigs were fading in popularity mainly because butter and newly developed plant oils were replacing lard as the cooking fat of preference in American kitchens. The remarkable propensity of the big type to pack on pounds of extra fat was more of a liability than a benefit in this period, as the price that lard and salt pork plummeted in this decade. By the time U.S. meat packers were shipping cans of tushonka to their Soviet allies across the seas, US hog operations had already developed a strong preference for hot-blooded breeds and research had shifted to building and maintaining lean muscle on these swiftly maturing animals. When Soviet industrial planners hoping to learn how to make more tushonka entered the scene however, their interpretation of american efficiency was hardly predictable: scientifically nourished big type pigs may have been advantageous to the United States at midcentury, but the Soviet Union’s farms and hungry citizens had a very different list of needs and wants. At midcentury, Soviet pigs were still handicapped by old-fashioned variables such as cold weather, long winters, poor farm organisation and impoverished feed regimens. The look of the average Soviet hog operation was hardly industrial. In 1955 the typical Soviet pig was petite, shaggy, and slow to reproduce. In the absence of robust dairy or vegetable oil industries, Soviet pigs had always been valued for their fat rather than their meat, and tushonka had been a byproduct of an industry focused mainly on supplying the country with fat and lard. Until the mid 1950s, the most valuable pig on many Soviet state and collective farms was the nondescript but very rotund “lard and bacon” pig, an inefficient eater that could take upwards of two years to reach full maturity. In searching for a way to serve up more tushonka, Soviet planners became aware that their entire industry needed to be revamped. When the Soviet Union looked to the United States, planners were inspired by the earlier competition between hot-blooded and big type pigs, which Soviet planners thought, ambitiously, they could combine into one splendid pig. The Soviet Union imported new pigs from Poland, Lithuania, East Germany and Denmark, trying valiantly to create hybrid pigs that would exhibit both hot blood and big type. Soviet planners were especially interested in inspiring the Poland-China, an especially rotund specimen, to speed up its life cycle during them mid 1950s. Hybrdizing and cross breeding a Soviet super-pig, no matter how closely laid out on paper, was probably always a socialist pipe dream. However, when the Soviets decided to try to outbreed American hog breeders, they created an infrastructure for pigs and pig breeding that had a dramatic positive impact of hog populations across the country, and the 1950s were marked by a large increase in the number of pigs in the Soviet union, as well as dramatic increases in the numbers of purebred and scientific hybrids the country developed, all in the name of tushonka. It was not just the genetic stock that received a makeover in the postwar drive to can more tushonka; a revolution in the barnyard also took place and in less than 10 years, pigs were living in new housing stock and eating new feed sources. The most obvious postwar change was in farm layout and the use of building space. In the early 1950s, many collective farms had been consolidated. In 1940 there were a quarter of a million kolkhozii, by 1951 fewer than half that many remained (NARA RG166). Farm consolidation movements most often combined two, three or four collective farms into one economic unit, thus scaling up the average size and productivity of each collective farm and simplifying their administration. While there were originally ambitious plans to re-center farms around new “agro-city” bases with new, modern farm buildings, these projects were ultimately abandoned. Instead, existing buildings were repurposed and the several clusters of farm buildings that had once been the heart of separate villages acquired different uses. For animals this meant new barns and new daily routines. Barns were redesigned and compartmentalized around ideas of gender and age segregation—weaned baby pigs in one area, farrowing sows in another—as well as maximising growth and health. Pigs spent less outside time and more time at the trough. Pigs that were wanted for different purposes (breeding, meat and lard) were kept in different areas, isolated from each other to minimize the spread of disease as well as improve the efficiency of production. Much like postwar housing for humans, the new and improved pig barn was a crowded and often chaotic place where the electricity, heat and water functioned only sporadically. New barns were supposed to be mechanised. In some places, mechanisation had helped speed things along, but as one American official viewing a new mechanised pig farm in 1955 noted, “it did not appear to be a highly efficient organisation. The mechanised or automated operations, such as the preparation of hog feed, were eclipsed by the amount of hand labor which both preceded and followed the mechanised portion” (NARA RG166 1961). The American official estimated that by mechanizing, Soviet farms had actually increased the amount of human labor needed for farming operations. The other major environmental change took place away from the barnyard, in new crops the Soviet Union began to grow for fodder. The heart and soul of this project was establishing field corn as a major new fodder crop. Originally intended as a feed for cows that would replace hay, corn quickly became the feed of choice for raising pigs. After a visit by a United States delegation to Iowa and other U.S. farms over the summer of 1955, corn became the centerpiece of Khrushchev’s efforts to raise meat and milk productivity. These efforts were what earned Khrushchev his nickname of kukuruznik, or “corn fanatic.” Since so little of the Soviet Union looks or feels much like the plains and hills of Iowa, adopting corn might seem quixotic, but raising corn was a potentially practical move for a cold country. Unlike the other major fodder crops of turnips and potatoes, corn could be harvested early, while still green but already possessing a high level of protein. Corn provided a “gap month” of green feed during July and August, when grazing animals had eaten the first spring green growth but these same plants had not recovered their biomass. What corn remained in the fields in late summer was harvested and made into silage, and corn made the best silage that had been historically available in the Soviet Union. The high protein content of even silage made from green mass and unripe corn ears prevented them from losing weight in the winter. Thus the desire to put more meat on Soviet tables—a desire first prompted by American food donations of surplus pork from Iowa farmers adapting to agro-industrial reordering in their own country—pushed back into the commodity supply network of the Soviet Union. World War II rations that were well adapted to the uncertainty and poor infrastructure not just of war but also of peacetime were a source of inspiration for Soviet planners striving to improve the diets of citizens. To do this, they purchased and bred more and better animals, inventing breeds and paying attention, for the first time, to the efficiency and speed with which these animals were ready to become meat. Reinventing Soviet pigs pushed even back farther, and inspired agricultural economists and state planners to embrace new farm organizational structures. Pigs meant for the tushonka can spent more time inside eating, and led their lives in a rigid compartmentalization that mimicked emerging trends in human urban society. Beyond the barnyard, a new concern with feed-to weight conversions led agriculturalists to seek new crops; crops like corn that were costly to grow but were a perfect food for a pig destined for a tushonka tin. Thus in Soviet industrialization, pigs evolved. No longer simply recyclers of human waste, socialist pigs were consumers in their own right, their newly crafted genetic compositions demanded ever more technical feed sources in order to maximize their own productivity. Food is transformative, and in this case study the prosaic substance of canned meat proved to be unusually transformative for the history of the Soviet Union. In its early history it kept soldiers alive long enough to win an important war, later the requirements for its manufacture re-prioritized muscle tissue over fat tissue in the disassembly of carcasses. This transformative influence reached backwards into the supply lines and farms of the Soviet Union, revolutionizing the scale and goals of farming and meat packing for the Soviet food industry, as well as the relationship between the pig and the consumer. References Bentley, Amy. Eating for Victory: Food Rationing and the Politics of Domesticity. Where: University of Illinois Press, 1998. 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Beech leaf disease (BLD) was first reported in 2012 in Lake County, Ohio on American beech trees (Fagus grandifolia Ehrh.). Since then, it spread across the Northeastern United States and has been reported from Ohio, Pennsylvania, New York, New Jersey, Connecticut, Rhode Island, Maine, West Virginia, and Ontario, Canada (Carta et al. 2020; Mara and LaMondia 2020, Reid et al. 2020). The symptoms of BLD are characterized by dark interveinal banding of leaves appearing soon after spring flush that become chlorotic and necrotic through autumn, resulting in canopy thinning in advanced stages, followed in some young trees by death. Litylenchus crenatae mccannii has similar morphological characteristics with Litylenchus crenatae (Kanzaki et al. 2019) reported on Fagus crenata from Japan. However that beech species has not shown BLD symptoms or yielded any L. crenatae mccannii in North America. There are several morphological differences between the two. The North American subspecies have shorter post-uterine sac, narrower body width in mature females, shorter tail in immature females, longer tail in mature females, and longer stylet in males when compared to the Japanese subspecies (Carta et al. 2020). BLD symptoms were found on American beech trees in Prince William Forest Park, Prince William County, Virginia in June, 2021. The affected leaves contained females, males, and juveniles with morphometrics consistent with L. crenatae mccannii (Carta et al. 2020). The crude genomic DNA from a live single Litylenchus was prepared with freeze-thaw lysis (Carta and Li, 2019). The ITS PCR were performed by using the procedures and primer set, ITS-CL-F2 and 28S-CL-R described in the previous study (Carta and Li, 2020). The visualization, the cleanup and the direct DNA sequencing of the PCR products were performed by using the procedures described in the previous studies (Carta and Li, 2018 and 2019). Sequences were submitted to GenBank as accessions MZ611855 and MZ611856. This represents the first report of BLD in Virginia. It is also approximately 300 miles south of the 2020 detection of BLD from New Cumberland, WV, and represents the southernmost detection of the disease and nematode in North America. The author(s) declare no conflict of interest. References Carta, L.K., Li, S. 2018. Improved 18S small subunit rDNA primers for problematic nematode amplification. Journal of Nematology. 50, 533-542. Carta, L.K., Li, S. 2019. PCR amplification of a long rDNA segment with one primer pair in agriculturally important nematodes. Journal of Nematology. 51, e2019-26. Carta, L.K., Li, S. 2020. Improvement of long segment ribosomal PCR amplification for the molecular taxonomic identification of Litylenchus crenatae mccannii in beech trees with beech leaf disease. Journal of Nematology. 52, e2020-016. Kanzaki, N., Ichihara, Y., Aikawa, T., Ekino, T., Masuya, H. 2019. Litylenchus crenatae n. sp. (Tylenchomorpha: Anguinidae), a leaf gall nematode parasitising Fagus crenata Blume Nematology 21 (1), 5-22. http://www.brill.com/nematology doi: 10.1163/15685411-00003190 Marra, R.E., LaMondia, J. 2020. First report of beech leaf disease, caused by the foliar nematode, Litylenchus crenatae mccannii, on American beech (Fagus grandifolia) in Connecticut. Plant Disease (early view). https://doi.org/10.1094/PDIS-02-20-0442-PDN Reed, S. E., Greifenhagen, S., Yu, Q., Hoke A., Burke D. J., Carta L. K., Handoo Z.A., Kantor, M.R., Koch, J. 2020. Foliar nematode, Litylenchus crenatae ssp. mccannii, population dynamics in leaves and buds of beech leaf disease-affected trees in Canada and the US. Forest Pathology 50 (3), e12599.

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Photo by niu niu on Unsplash ABSTRACT Shackling prisoners has been implemented as standard procedure when transporting prisoners in labor and during childbirth. This procedure ensures the protection of both the public and healthcare workers. However, the act of shackling pregnant prisoners violates the principles of ethics that physicians are supposed to uphold. This paper will explore how shackling pregnant prisoners violates the principle of justice and beneficence, making the practice unethical. INTRODUCTION Some states allow shackling of incarcerated pregnant women during transport and while in the hospital for labor and delivery. Currently, only 22 states have legislation prohibiting the shackling of pregnant women.[1] Although many states have anti-shackling laws prohibiting restraints, these laws also contain an “extraordinary circumstances” loophole.[2] Under this exception, officers shackle prisoners if they pose a flight risk, have any history of violence, and are a threat to themselves or others.[3] Determining as to whether a prisoner is shackled is left solely to the correctional officer.[4] Yet even state restrictions on shackling are often disregarded. In shackling pregnant prisoners during childbirth, officers and institutions are interfering with the ability of incarcerated women to have safe childbirth experiences and fair treatment. Moreover, physicians cannot exercise various ethical duties as the law constrains them. In this article, I will discuss the physical and mental harms that result from the use of restraints under the backdrop of slavery and discrimination against women of color particularly. I argue that stereotypes feed into the phenomenon of shackling pregnant women, especially pregnant women of color. I further assert that shackling makes it difficult for medical professionals to be beneficent and promote justice. BACKGROUND Female incarceration rates in the United States have been fast growing since the 1980s.[5] With a 498 percent increase in the female incarceration population between 1981 and 2021, the rates of pregnancy and childbirth by incarcerated people have also climbed.[6],[7] In 2021, over 1.2 million women were incarcerated in the United States.[8] An estimated 55,000 pregnant women are admitted to jails each year.[9],[10] Many remain incarcerated throughout pregnancy and are transported to a hospital for labor and delivery. Although the exact number of restrained pregnant inmates is unclear, a study found that 83 percent of hospital prenatal nurses reported that their incarcerated patients were shackled.[11] I. Harms Caused by Shackling Shackling has caused many instances of physical and psychological harm. In the period before childbirth, shackled pregnant women are at high risk for falling.[12] The restraints shift pregnant women’s center of gravity, and wrist restraints prevent them from breaking a fall, increasing the risk of falling on their stomach and harming the fetus.[13] Another aspect inhibited by using restraints is testing and treating pregnancy complications. Delays in identifying and treating conditions such as hypertension, pre-eclampsia, appendicitis, kidney infection, preterm labor, and especially vaginal bleeding can threaten the lives of the mother and the fetus.[14] During labor and delivery, shackling prevents methods of alleviating severe labor pains and giving birth.[15] Usually, physicians recommend that women in labor walk or assume various positions to relieve labor pains and accelerate labor.[16] However, shackling prevents both solutions.[17] Shackling these women limits their mobility during labor, which may compromise the health of both the mother and the fetus.[18] Tracy Edwards, a former prisoner who filed a lawsuit for unlawful use of restraints during her pregnancy, was in labor for twelve hours. She was unable to move or adjust her position to lessen the pain and discomfort of labor.[19] The shackles also left the skin on her ankles red and bruised. Continued use of restraints also increases the risk of potentially life-threatening health issues associated with childbirth, such as blood clots.[20] It is imperative that pregnant women get treated rapidly, especially with the unpredictability of labor. Epidural administration can also become difficult, and in some cases, be denied due to the shackled woman’s inability to assume the proper position.[21] Time-sensitive medical care, including C-sections, could be delayed if permission from an officer is required, risking major health complications for both the fetus and the mother.[22] After childbirth, shackling impedes the recovery process. Shackling can result in post-delivery complications such as deep vein thrombosis.[23] Walking prevents such complications but is not an option for mothers shackled to their hospital beds.[24] Restraints also prevent bonding with the baby post-delivery and the safe handling of the baby while breast feeding.[25] The use of restraints can also result in psychological harm. Many prisoners feel as though care workers treat them like “animals,” with some women having multiple restraints at once— including ankles, wrists, and even waist restraints.[26] Benidalys Rivera describes the feeling of embarrassment as she was walking while handcuffed, with nurses and patients looking on, “Being in shackles, that make you be in stress…I about to have this baby, and I’m going to go back to jail. So it’s too much.”[27] Depression among pregnant prisoners is highly prevalent. The stress of imprisonment and the anticipation of being separated from their child is often overwhelming for these mothers.[28] The inhumane action has the potential to add more stress, anxiety, and sadness to the already emotionally demanding process of giving birth. Shackling pregnant prisoners displays indifference to the medical needs of the prisoner.[29] II. Safety as a Pretense While public safety is an argument for using shackles, several factors make escape or violence extremely unlikely and even impossible.[30] For example, administering epidural anesthesia causes numbness and eliminates flight risk.[31] Although cited as the main reason for using shackles, public safety is likely just an excuse and not the main motivator for shackling prisoners. I argue that underlying the shackling exemplifies the idea that these women should not have become pregnant. The shackling reflects a distinct discrimination: the lawmakers allowing it perhaps thought that people guilty of crimes would make bad mothers. Public safety is just a pretense. The language used to justify the use of restraint of Shawanna Nelson, the plaintiff in Nelson v. Correctional Medical Services, discussed below, included the word “aggressive.”[32] In her case, there was no evidence that she posed any danger or was objectively aggressive. Officer Turnesky, who supervised Nelson, testified that she never felt threatened by Nelson.[33] The lack of documented attempts of escape and violence from pregnant prisoners suggests that shackling for flight risk is a false pretense and perhaps merely based on stereotypes.[34] In 2011, an Amnesty International report noted that “Around the USA, it is common for restraints to be used on sick and pregnant incarcerated women when they are transported to and kept in hospital, regardless of whether they have a history of violence (which only a minority have) and regardless of whether they have ever absconded or attempted to escape (which few women have).”[35] In a 2020 survey of correctional officers in select midwestern prisons, 76 percent disagreed or strongly disagreed with restraining pregnant women during labor and delivery.[36] If a correctional officer shackles a pregnant prisoner, it is not because they pose a risk but because of a perception that they do. This mindset is attributed to select law enforcement, who have authority to use restraints.[37] In 2022, the Tennessee legislature passed a bill prohibiting the use of restraints on pregnant inmates. However, legislators amended the bill due to the Tennessee Sherriff Association’s belief that even pregnant inmates could pose a “threat.”[38] Subjecting all prisoners to the same “precautions” because a small percentage of individuals may pose such risks could reflect stereotyping or the assumption that all incarcerated people pose danger and flight risk. To quell the (unjustified) public safety concern, there are other options that do not cause physical or mental harm to pregnant women. For example, San Francisco General Hospital does not use shackles but has deputy sheriffs outside the pregnant women’s doors.[39] III. Historical Context and Race A. Slavery and Post-Civil War The treatment of female prisoners has striking similarities to that of enslaved women. Originally, shackling of female slaves was a mechanism of control and dehumanization.[40] This enabled physical and sexual abuses. During the process of intentionally dehumanizing slaves to facilitate subordination, slave owners stripped slave women of their feminine identity.[41] Slave women were unable to exhibit the Victorian model of “good mothering” and people thought they lacked maternal feelings for their children.[42] In turn, societal perception defeminized slave women, and barred them from utilizing the protections of womanhood and motherhood. During the post-Civil War era, black women were reversely depicted as sexually promiscuous and were arrested for prostitution more often than white women.[43] In turn, society excluded black women; they were seen as lacking what the “acceptable and good” women had.[44] Some argue that the historical act of labeling black women sexually deviant influences today’s perception of black women and may lead to labeling them bad mothers.[45] Over two-thirds of incarcerated women are women of color.[46] Many reports document sexual violence and misconduct against prisoners over the years.[47] Male guards have raped, sexually assaulted, and inappropriately touched female prisoners. Some attribute the physical abuse of black female prisoners to their being depicted or stereotyped as “aggressive, deviant, and domineering.”[48] Some expect black women to express stoicism and if they do not, people label them as dangerous, irresponsible, and aggressive.[49] The treatment of these prisoners mirrors the historical oppression endured by black women during and following the era of slavery. The act of shackling incarcerated pregnant women extends the inhumane treatment of these women from the prison setting into the hospital. One prisoner stated that during her thirty-hour labor, while being shackled, she “felt like a farm animal.”[50] Another pregnant prisoner describes her treatment by a guard stating: “a female guard grabbed me by the hair and was making me get up. She was screaming: ‘B***h, get up.’ Then she said, ‘That is what happens when you are a f***ing junkie. You shouldn’t be using drugs, or you wouldn’t be in here.”[51] Shackling goes beyond punishing by isolation from society – it is an additional punishment that is not justified. B. Reproductive Rights and “Bad Mothers” As with slaves not being seen as maternal, prisoners are not viewed as “real mothers.” A female prison guard said the following: “I’m a mother of two and I know what that impulse, that instinct, that mothering instinct feels like. It just takes over, you would never put your kids in harm’s way. . . . Women in here lack that. Something in their nature is not right, you know?”[52] This comment implies that incarcerated women lack maternal instinct. They are not in line with the standards of what society accepts as a “woman” and “mother” and are thought to have abandoned their roles as caretakers in pursuit of deviant behaviors. Without consideration of racial discrimination, poverty issues, trauma, and restricted access to the child right after delivery, these women are stereotyped as bad mothers simply because they are in prison. Reminiscent of the treatment of female black bodies post-civil war and the use of reproductive interventions (for example, Norplant and forced sterilization) in exchange for shorter sentences, I argue that shackles are a form of reproductive control. Justification for the use of shackles even includes their use as a “punitive instrument to remind the prisoner of their punishment.”[53] However, a prisoner’s pregnancy should have no relevance to their sentence.[54] Using shackles demonstrates to prisoners that society tolerates childbirth but does not support it.[55] The shackling is evidence that women are being punished “for bearing children, not for breaking the law.”[56] Physicians and healthcare workers, as a result, are responsible for providing care for the delivery and rectifying any physical problems associated with the restraints. The issues that arise from the use of restraints place physicians in a position more complex than they experience with regular healthy pregnancies. C. Discrimination In the case of Ferguson v. City of Charleston, a medical university subjected black woman to involuntary drug testing during pregnancy. In doing so, medical professionals collaborated with law enforcement to penalize black women for their use of drugs during pregnancy.[57] The Court held the drug tests were an unreasonable search and violated the Fourth Amendment. Ferguson v. City of Charleston further reveals an unjustified assumption: the medical and legal community seemed suspicious of black women and had perhaps predetermined them more likely to use drugs while pregnant. Their fitness to become mothers needed to be proven, while wealthy, white women were presumed fit.[58] The correctional community similarly denies pregnant prisoners’ medical attention. In the case of Staten v. Lackawanna County, an African American woman whose serious medical needs were treated indifferently by jail staff was forced to give birth in her cell.[59] This woman was punished for being pregnant in prison through the withholding of medical attention and empathy. IV. Failure to Follow Anti-Shackling Laws Despite 22 states having laws against shackling pregnant prisoners, officers do not always follow these laws. In 2015, the Correctional Association of New York reported that of the 27 women who gave birth under state custody, officers shackled 23 women in violation of the anti-shackling laws.[60] The lawyer of Tracy Edwards, an inmate who officers shackled unlawfully during her twelve-hour labor stated, “I don’t think we can assume that just because there’s a law passed, that’s automatically going to trickle down to the prison.”[61] Even with more restrictions on shackling, it may still occur, partly due to the stereotype that incarcerated women are aggressive and dangerous. V. Constitutionality The Eighth Amendment protects people from cruel and unusual punishment. In Brown vs. Plata, the court stated, “Prisoners retain the essence of human dignity inherent in all persons.”[62] In several cases, the legal community has held shackling to be unconstitutional as it violates the Eighth Amendment unless specifically justified. In the case of Nelson v. Correctional Medical Services, a pregnant woman was shackled for 12 hours of labor with a brief respite while she pushed, then re-shackled. The shackling caused her physical and emotional pain, including intense cramping that could not be relieved due to positioning and her inability to get up to use a toilet.[63] The court held that a clear security concern must justify shackling. The court cited a similar DC case and various precedents for using the Eighth Amendment to hold correctional facilities and hospitals accountable.[64] An Arkansas law similarly states that shackling must be justified by safety or risk of escape.[65] If the Thirteenth Amendment applied to those convicted of crimes, shackling pregnant incarcerated people would be unconstitutional under that amendment as well as the Eighth. In the Civil Rights Cases, Congress upheld the right “to enact all necessary and proper laws for the obliteration and prevention of slavery with all its badges and incidents.”[66] Section two of the Thirteenth Amendment condemns any trace or acts comparable to that of slavery. Shackling pregnant prisoners, stripping them of their dignity, and justification based on stereotypes all have origins in the treatment of black female slaves. Viewed through the lens of the Thirteenth Amendment, the act of shackling would be unconstitutional. Nonetheless, the Thirteenth Amendment explicitly excludes people convicted of a crime. VI. Justice As a result of the unconstitutional nature of shackling, physicians should have a legal obligation, in addition to their ethical duty, to protect their patients. The principle of justice requires physicians to take a stand against the discriminatory treatment of their patients, even under the eye of law enforcement.[67],[68] However, “badge and gun intimidation,” threats of noncompliance, and the fear of losing one’s license can impede a physician’s willingness to advocate for their patients. The American College of Obstetricians and Gynecologists (ACOG) finds the use of physical restraints interferes with the ability of clinicians to practice medicine safely.[69] ACOG, The American Medical Association, the National Commission on Correctional Health Care, and other organizations oppose using restraints on pregnant incarcerated people.[70] Yet, legislators can adopt shackling laws without consultation with physicians. The ACOG argues that “State legislators are taking it upon themselves to define complex medical concepts without reference to medical evidence. Some of the penalties [faced by OBGYNs] for violating these vague, unscientific laws include criminal sentences.”[71] Legislation that does not consider medical implications or discourages physicians’ input altogether is unjust. In nullifying the voice of a physician in matters pertaining to the patient’s treatment, physicians are prevented from fulfilling the principle of justice, making the act of shackling patients unethical. VII. Principle of Beneficence The principle of beneficence requires the prevention of harm, the removal of harm, and the promotion of good.[72] Beneficence demands the physician not only avoid harm but benefit patients and promote their welfare.[73] The American Board of Internal Medicine Foundation states that physicians must work with other professionals to increase patient safety and improve the quality of care.[74] In doing so, physicians can adequately treat patients with the goal of prevention and healing. It is difficult to do good when law enforcement imposes on doctors to work around shackles during labor and delivery. Law enforcement leaves physicians and healthcare workers responsible not only to provide care for the delivery, but also rectify any ailments associated with the restraints. The issues arising from using restraints place physicians in a position more complex than they experience with other pregnancies. Doctors cannot prevent the application of the shackles and can only request officers to take them off the patient.[75] Physicians who simply go along with shackling are arguably violating the principle of beneficence. However, for most, rather than violating the principle of beneficence overtly, physicians may simply have to compromise. Given the intricate nature of the situation, physicians are tasked with minimizing potential harm to the best of their abilities while adhering to legal obligations.[76] It is difficult to pin an ethics violation on the ones who do not like the shackles but are powerless to remove them. Some do argue that this inability causes physicians to violate the principle of beneficence.[77] However, promoting the well-being of their patients within the boundaries of the law limits their ability to exercise beneficence. For physicians to fulfill the principle of beneficence to the fullest capacity, they must have an influence on law. Protocols and assessments on flight risks made solely by the officers and law enforcement currently undermine the physician’s expertise. These decisions do not consider the health and well-being of the pregnant woman. As a result, law supersedes the influence of medicine and health care. CONCLUSION People expect physicians to uphold the four major principles of bioethics. However, their inability to override restraints compromises their ability to exercise beneficence. Although pledging to enforce these ethical principles, physicians have little opportunity to influence anti-shackling legislation. Instead of being included in conversations regarding medical complexities, legislation silences their voices. Policies must include the physician's voice as they affect their ability to treat patients. Officers should not dismiss a physician's request to remove shackles from a woman if they are causing health complications. A woman's labor should not harm her or her fetus because the officer will not remove her shackles.[78] A federal law could end shackling pregnant incarcerated people. Because other options are available to ensure the safety of the public and the prisoner, there is no ethical justification for shackling pregnant prisoners. An incarcerated person is a human being and must be treated with dignity and respect. To safeguard the well-being of incarcerated women and the public, it is essential for advocates of individual rights to join forces with medical professionals to establish an all-encompassing solution. - [1] Ferszt, G. G., Palmer, M., & McGrane, C. (2018). Where does your state stand on shackling of Pregnant Incarcerated Women? Nursing for Women’s Health, 22(1), 17–23. https://doi.org/10.1016/j.nwh.2017.12.005 [2] S983A, 2015-2016 Regular Sessions (N.Y. 2015). https://legislation.nysenate.gov/pdf/bills/2015/S983A [3] Chris DiNardo, Pregnancy in Confinement, Anti-Shackling Laws and the “Extraordinary Circumstances” Loophole, 25 Duke Journal of Gender Law & Policy 271-295 (2018) https://scholarship.law.duke.edu/djglp/vol25/iss2/5 [4] Chris DiNardo (2018) [5] U.S. Bureau of Justice Statistics. 1980. " Prisoners in 1980 – Statistical Tables”. Retrieved April 20, 2023 (https://bjs.ojp.gov/content/pub/pdf/p80.pdf). [6] U.S. Bureau of Justice Statistics. 2022. " Prisoners in 2021 – Statistical Tables”. Retrieved April 20, 2023 (https://bjs.ojp.gov/sites/g/files/xyckuh236/files/media/document/p21st.pdf). [7] U.S. Bureau of Justice Statistics (1980) [8] Sufrin C, Jones RK, Mosher WD, Beal L. Pregnancy Prevalence and Outcomes in U.S. Jails. Obstet Gynecol. 2020;135(5):1177-1183. doi:10.1097/AOG.0000000000003834 [9] Kramer, C., Thomas, K., Patil, A., Hayes, C. M., & Sufrin, C. B. (2022). Shackling and pregnancy care policies in US prisons and jails. Maternal and Child Health Journal, 27(1), 186–196. https://doi.org/10.1007/s10995-022-03526-y [10] House, K. T., Kelley, S., Sontag, D. N., & King, L. P. (2021). Ending restraint of incarcerated individuals giving birth. AMA Journal of Ethics, 23(4). https://doi.org/10.1001/amajethics.2021.364 [11] Goshin, L. S., Sissoko, D. R., Neumann, G., Sufrin, C., & Byrnes, L. (2019). Perinatal nurses’ experiences with and knowledge of the care of incarcerated women during pregnancy and the postpartum period. Journal of Obstetric, Gynecologic &amp; Neonatal Nursing, 48(1), 27–36. https://doi.org/10.1016/j.jogn.2018.11.002 [12] Shackling and separation: Motherhood in prison. (2013). AMA Journal of Ethics, 15(9), 779–785. https://doi.org/10.1001/virtualmentor.2013.15.9.pfor2-1309 [13] King, L. (2018). Labor in chains: The shackling of pregnant inmates. Policy Perspectives, 25, 55–68. https://doi.org/10.4079/pp.v25i0.18348 [14] King, L. (2018). [15] AMA Journal of Ethics (2013) [16] Lawrence, A., Lewis, L., Hofmeyr, G. J., & Styles, C. (2013). Maternal positions and mobility during first stage labour. Cochrane database of systematic reviews, (8). [17] Association of Women’s Health, Obstetric and Neonatal Nurses. (2011). AWHONN position statement: Shackling incarcerated pregnant women. Journal of Obstetric, Gynecologic, & Neonatal Nursing, 40(6), 817–818. doi:10.1111/j.1552-6909.2011.01300.x [18] Ferszt, G. G., Palmer, M., & McGrane, C. (2018). Where does your state stand on shackling of Pregnant Incarcerated Women? Nursing for Women’s Health, 22(1), 17–23. https://doi.org/10.1016/j.nwh.2017.12.005 [19] Thompson, E. (2022, August 30). Woman sues NC state prison system for mistreatment while pregnant. North Carolina Health News. Retrieved March 12, 2023, from https://www.northcarolinahealthnews.org/2022/05/25/woman-sues-nc-state-prison-system-for-mistreatment-while-pregnant/ [20] CBS Interactive. (2019, March 13). Shackling pregnant inmates is still a practice in many states. CBS News. Retrieved March 12, 2023, from https://www.cbsnews.com/news/shackling-pregnant-inmates-is-still-a-practice-in-many-states/ [21] Griggs, Claire Louise. "Birthing Barbarism: The Unconstitutionality of Shackling Pregnant Prisoners." American University Journal of Gender Social Policy and Law 20, no. 1 (2011): 247-271. [22] American Civil Liberties Union. (2012, October 12). ACLU briefing paper: The shackling of pregnant women & girls in U.S ... American Civil Liberties Union (ACLU). https://www.aclu.org/wp-content/uploads/legal-documents/anti-shackling_briefing_paper_stand_alone.pdf [23] King.L (2018) [24] Griggs, Claire Louise (2011) [25] American Civil Liberties Union. (2012) [26] Clarke, J. G., & Simon, R. E. (2013). Shackling and separation: Motherhood in prison. AMA Journal of Ethics, 15(9), 779–785. https://doi.org/10.1001/virtualmentor.2013.15.9.pfor2-1309 [27] Berg, M. D. (2014, April 18). Pregnant prisoners are losing their shackles - The Boston Globe. BostonGlobe.com. Retrieved March 12, 2023, from https://www.bostonglobe.com/magazine/2014/04/18/taking-shackles-off-pregnant-prisoners/7t7r8yNBcegB8eEy1GqJwN/story.html [28] Levi, R., Kinakemakorn, N., Zohrabi, A., Afanasieff, E., & Edwards-Masuda, N. (2010). Creating the bad mother: How the U.S. approach to pregnancy in prisons violates the right to be a mother. UCLA Women's Law Journal, 18(1). https://doi.org/10.5070/l3181017816 [29] Chris DiNardo (2018) [30] Griggs, Claire Louise (2011). [31] Allen, J. E. (2010, October 21). Shackled: Women Behind Bars Deliver in Chains. ABC News. https://abcnews.go.com/Health/WomensHealth/pregnant-shackled-women-bars-deliver-chains/story?id=11933376&page=1 [32] Nelson v. Correctional, 533 F.3d 958 (8th Cir. 2009) [33] Nelson v. Correctional(2009) [34] House, K. T., Kelley, S., Sontag, D. N., & King, L. P. (2021). Ending restraint of incarcerated individuals giving birth. AMA Journal of Ethics, 23(4). https://doi.org/10.1001/amajethics.2021.364 [35] Amnesty International USA. (1999, March). “Not part of my sentence” Violations of the Human Rights of Women in Custody. Amnesty International USA. Retrieved March 12, 2023, from https://www.amnestyusa.org/reports/usa-not-part-of-my-sentence-violations-of-the-human-rights-of-women-in-custody/ [36] Pendleton, V., Saunders, J. B., & Shlafer, R. (2020). Corrections officers' knowledge and perspectives of maternal and child health policies and programs for pregnant women in prison. Health & justice, 8(1), 1. https://doi.org/10.1186/s40352-019-0102-0 [37] Elizabeth Alexander, Unshackling Shawanna: The Battle Over Chaining Women Prisoners during Labor and Delivery, 32 U. ARK. LITTLE ROCK L. REV. 435 (2010). Available at: https://lawrepository.ualr.edu/lawreview/vol32/iss4/1 [38] Hernandez, J. (2022, April 22). More states are restricting the shackling of pregnant inmates, but it still occurs. NPR. Retrieved March 12, 2023, from https://www.npr.org/2022/04/22/1093836514/shackle-pregnant-inmates-tennessee [39] Sufrin, C. (2012, June 24). End practice of shackling pregnant inmates. SFGATE. Retrieved March 12, 2023, from https://www.sfgate.com/opinion/openforum/article/End-practice-of-shackling-pregnant-inmates-3176987.php [40] Mullings, L. (1997). On our own terms: Race, class, and gender in the lives of African American women. Routledge [41] Ocen, Priscilla A., (2011). [42] Ladd-Taylor, M. (1998). "Bad" mothers: The politics of blame in Twentieth-century America. New York Univ. Press. [43] Hine, D. C. (1998). Hine Sight: Black women and the re-construction of American history. Indiana University Press. [44] Baldwin, L. (2019). Excluded from good motherhood and the impact of prison: Motherhood and Social Exclusion, 129–144. https://doi.org/10.2307/j.ctvk12qxr.13 [45] Ocen, Priscilla A., Punishing Pregnancy: Race, Incarceration, and the Shackling of Pregnant Prisoners (October 3, 2011). California Law Review, Vol. 100, 2012, Available at SSRN: https://ssrn.com/abstract=1937872 [46] Johnson, P. C. (2004). Inner lives: Voices of african american women in prison. New York University Press. [47] Thomas, D. Q. (1996). All too familiar: Sexual abuse of women in U.S. state prisons. Human Rights Watch. [48] Ocen, Priscilla A., (2011). [49] Ashley W. The angry black woman: the impact of pejorative stereotypes on psychotherapy with black women. Soc Work Public Health. 2014;29(1):27-34. doi: 10.1080/19371918.2011.619449. PMID: 24188294. [50] CBS Interactive. (2019, March 13). Shackling pregnant inmates is still a practice in many states. CBS News. Retrieved March 12, 2023, from https://www.cbsnews.com/news/shackling-pregnant-inmates-is-still-a-practice-in-many-states/ [51] Guardian News and Media. (2020, January 24). Pregnant and shackled: Why inmates are still giving birth cuffed and bound. The Guardian. Retrieved March 25, 2023, from https://www.theguardian.com/us-news/2020/jan/24/shackled-pregnant-women-prisoners-birth [52] Oparah, J. C. (2015). Birthing justice: Black women, pregnancy, and childbirth. Routledge. [53] Chris DiNardo (2018) [54] Griggs, Claire Louise (2011). [55] Chris DiNardo (2018) [56] Griggs, Claire Louise (2011). [57] Song, Ji Seon, Policing the Emergency Room (June 10, 2021). 134 Harvard Law Review 2646 (2021), Available at SSRN: https://ssrn.com/abstract=3864225 [58] Ocen, Priscilla A., (2011). [59] Staten v. Lackawanna Cnty., No. 4:07-CV-1329, 2008 WL 249988, at *2 (M.D. Pa. Jan. 29, 2008) [60] Lovett, K. (2018, April 9). Pregnant inmates at New York prisons will no longer be shackled under new law. New York Daily News. Retrieved March 12, 2023, from https://www.nydailynews.com/new-york/new-york-pregnant-inmates-no-longer-shackled-article-1.2474021 [61] Thompson, E. (2022, August 30). Woman sues NC state prison system for mistreatment while pregnant. North Carolina Health News. Retrieved March 12, 2023, from https://www.northcarolinahealthnews.org/2022/05/25/woman-sues-nc-state-prison-system-for-mistreatment-while-pregnant/ [62] Brown v. Plata, 563 U.S. 493 (2011) [63] Nelson v. Correctional Medical Serices, et al., Nelson v. Correctional Med. Servs, 583 F.3d 522 (8th Cir. 2009) [64] Nelson citing Women Prisoners of D.C. Dep't of Corr. v. District of Columbia, 877 F.Supp. 634, 668-69 (D.D.C. 1994), modified in part on other grounds, 899 F.Supp. 659 (D.D.C. 1995). [65] Ark. Dep't of Corr. Admin. Reg. 403 § V (1992) [66] Civil Rights Cases, 109 U.S. 3 (1883) [67] Physician charter. ABIM Foundation. (2022, October 18). Retrieved March 10, 2023, from https://abimfoundation.org/what-we-do/physician-charter#:~:text=Principle%20of%20social%20justice.&text=Physicians%20should%20work%20actively%20to,or%20any%20other%20social%20category. [68] Riddick FA Jr. The code of medical ethics of the american medical association. Ochsner J. 2003 Spring;5(2):6-10. PMID: 22826677; PMCID: PMC3399321. [69] American College of Obstetricians and Gynecologists’ Committee on Health Care for Underserved Women (2021). Reproductive Health Care for Incarcerated Pregnant, Postpartum, and Nonpregnant Individuals: ACOG Committee Opinion, Number 830. Obstetrics and gynecology, 138(1), e24–e34. https://doi.org/10.1097/AOG.0000000000004429 [70] American College of Obstetricians and Gynecologists’ Committee on Health Care for Underserved Women (2021). [71] American College of Obstetricians and Gynecologists’ Committee on Health Care for Underserved Women (2021). [72] Beauchamp, T. L., & Childress, J. F. (2019). Principles of Biomedical Ethics. Oxford University Press. [73] Varkey, B. (2020). Principles of clinical ethics and their application to practice. Medical Principles and Practice, 30(1), 17–28. https://doi.org/10.1159/000509119 [74] Medical professionalism in the new millennium: A physician charter. (2002). Annals of Internal Medicine, 136(3), 243. https://doi.org/10.7326/0003-4819-136-3-200202050-00012 [75] Allen, J. E. (2010, October 21). Shackled: Women Behind Bars Deliver in Chains. ABC News. https://abcnews.go.com/Health/WomensHealth/pregnant-shackled-women-bars-deliver-chains/story?id=11933376&page=1 [76] Jonsen, A. R. (2010). The Birth of Bioethics. Oxford University Press. [77] Beauchamp, T. L., & Childress, J. F. (2019). [78] Amnesty International USA. (1999, March). “Not part of my sentence” Violations of the Human Rights of Women in Custody. Amnesty International USA. Retrieved March 12, 2023, from https://www.amnestyusa.org/reports/usa-not-part-of-my-sentence-violations-of-the-human-rights-of-women-in-custody/

Introduction Ireland did not have a tradition of printed cookbooks prior to the 20th century. As a consequence, Irish culinary manuscripts from before this period are an important primary source for historians. This paper makes the case that the manuscripts are a unique way of accessing voices that have quotidian concerns seldom heard above the dominant narratives of conquest, colonisation and famine (Higgins; Dawson). Three manuscripts are examined to see how they contribute to an understanding of Irish social and culinary history. The Irish banking crisis of 2008 is a reminder that comments such as the one in the title of this paper may be more then a casual remark, indicating rather an underlying anxiety. Equally important is the evidence in the manuscripts that Ireland had a domestic culinary tradition sited within the culinary traditions of the British Isles. The terms “vernacular”, representing localised needs and traditions, and “polite”, representing stylistic features incorporated for aesthetic reasons, are more usually applied in the architectural world. As terms, they reflect in a politically neutral way the culinary divide witnessed in the manuscripts under discussion here. Two of the three manuscripts are anonymous, but all are written from the perspective of a well-provisioned house. The class background is elite and as such these manuscripts are not representative of the vernacular, which in culinary terms is likely to be a tradition recorded orally (Gold). The first manuscript (NLI, Tervoe) and second manuscript (NLI, Limerick) show the levels of impact of French culinary influence through their recipes for “cullis”. The Limerick manuscript also opens the discussion to wider social concerns. The third manuscript (NLI, Baker) is unusual in that the author, Mrs. Baker, goes to great lengths to record the provenance of the recipes and as such the collection affords a glimpse into the private “polite” world of the landed gentry in Ireland with its multiplicity of familial and societal connections. Cookbooks and Cuisine in Ireland in the 19th Century During the course of the 18th century, there were 136 new cookery book titles and 287 reprints published in Britain (Lehmann, Housewife 383). From the start of the 18th to the end of the 19th century only three cookbooks of Irish, or Anglo-Irish, authorship have been identified. The Lady’s Companion: or Accomplish’d Director In the whole Art of Cookery was published in 1767 by John Mitchell in Skinner-Row, under the pseudonym “Ceres,” while the Countess of Caledon’s Cheap Receipts and Hints on Cookery: Collected for Distribution Amongst the Irish Peasantry was printed in Armagh by J. M. Watters for private circulation in 1847. The modern sounding Dinners at Home, published in London in 1878 under the pseudonym “Short”, appears to be of Irish authorship, a review in The Irish Times describing it as being written by a “Dublin lady”, the inference being that she was known to the reviewer (Farmer). English Copyright Law was extended to Ireland in July 1801 after the Act of Union between Great Britain and Ireland in 1800 (Ferguson). Prior to this, many titles were pirated in Ireland, a cause of confusion alluded to by Lehmann when she comments regarding the Ceres book that it “does not appear to be simply a Dublin-printed edition of an English book” (Housewife 403). This attribution is based on the dedication in the preface: “To The Ladies of Dublin.” From her statement that she had a “great deal of experience in business of this kind”, one may conclude that Ceres had worked as a housekeeper or cook. Cheap Receipts and Hints on Cookery was the second of two books by Catherine Alexander, Countess of Caledon. While many commentators were offering advice to Irish people on how to alleviate their poverty, in Friendly Advice to Irish Mothers on Training their Children, Alexander was unusual in addressing her book specifically to its intended audience (Bourke). In this cookbook, the tone is of a practical didactic nature, the philosophy that of enablement. Given the paucity of printed material, manuscripts provide the main primary source regarding the existence of an indigenous culinary tradition. Attitudes regarding this tradition lie along the spectrum exemplified by the comments of an Irish journalist, Kevin Myers, and an eminent Irish historian, Louis Cullen. Myers describes Irish cuisine as a “travesty” and claims that the cuisine of “Old Ireland, in texture and in flavour, generally resembles the cinders after the suttee of a very large, but not very tasty widow”, Cullen makes the case that Irish cuisine is “one of the most interesting culinary traditions in Europe” (141). It is not proposed to investigate the ideological standpoints behind the various comments on Irish food. Indeed, the use of the term “Irish” in this context is fraught with difficulty and it should be noted that in the three manuscripts proposed here, the cuisine is that of the gentry class and representative of a particular stratum of society more accurately described as belonging to the Anglo-Irish tradition. It is also questionable how the authors of the three manuscripts discussed would have described themselves in terms of nationality. The anxiety surrounding this issue of identity is abating as scholarship has moved from viewing the cultural artifacts and buildings inherited from this class, not as symbols of an alien heritage, but rather as part of the narrative of a complex country (Rees). The antagonistic attitude towards this heritage could be seen as reaching its apogee in the late 1950s when the then Government minister, Kevin Boland, greeted the decision to demolish a row of Georgian houses in Dublin with jubilation, saying that they stood for everything that he despised, and describing the Georgian Society, who had campaigned for their preservation, as “the preserve of the idle rich and belted earls” (Foster 160). Mac Con Iomaire notes that there has been no comprehensive study of the history of Irish food, and the implications this has for opinions held, drawing attention to the lack of recognition that a “parallel Anglo-Irish cuisine existed among the Protestant elite” (43). To this must be added the observation that Myrtle Allen, the doyenne of the Irish culinary world, made when she observed that while we have an Irish identity in food, “we belong to a geographical and culinary group with Wales, England, and Scotland as all counties share their traditions with their next door neighbour” (1983). Three Irish Culinary Manuscripts The three manuscripts discussed here are held in the National Library of Ireland (NLI). The manuscript known as Tervoe has 402 folio pages with a 22-page index. The National Library purchased the manuscript at auction in December 2011. Although unattributed, it is believed to come from Tervoe House in County Limerick (O’Daly). Built in 1776 by Colonel W.T. Monsell (b.1754), the Monsell family lived there until 1951 (see, Fig. 1). The house was demolished in 1953 (Bence-Jones). William Monsell, 1st Lord Emly (1812–94) could be described as the most distinguished of the family. Raised in an atmosphere of devotion to the Union (with Great Britain), loyalty to the Church of Ireland, and adherence to the Tory Party, he converted in 1850 to the Roman Catholic religion, under the influence of Cardinal Newman and the Oxford Movement, changing his political allegiance from Tory to Whig. It is believed that this change took place as a result of the events surrounding the Great Irish Famine of 1845–50 (Potter). The Tervoe manuscript is catalogued as 18th century, and as the house was built in the last quarter of the century, it would be reasonable to surmise that its conception coincided with that period. It is a handsome volume with original green vellum binding, which has been conserved. Fig. 1. Tervoe House, home of the Monsell family. In terms of culinary prowess, the scope of the Tervoe manuscript is extensive. For the purpose of this discussion, one recipe is of particular interest. The recipe, To make a Cullis for Flesh Soups, instructs the reader to take the fat off four pounds of the best beef, roast the beef, pound it to a paste with crusts of bread and the carcasses of partridges or other fowl “that you have by you” (NLI, Tervoe). This mixture should then be moistened with best gravy, and strong broth, and seasoned with pepper, thyme, cloves, and lemon, then sieved for use with the soup. In 1747 Hannah Glasse published The Art of Cookery, Made Plain and Easy. The 1983 facsimile edition explains the term “cullis” as an Anglicisation of the French word coulis, “a preparation for thickening soups and stews” (182). The coulis was one of the essential components of the nouvelle cuisine of the 18th century. This movement sought to separate itself from “the conspicuous consumption of profusion” to one where the impression created was one of refinement and elegance (Lehmann, Housewife 210). Reactions in England to this French culinary innovation were strong, if not strident. Glasse derides French “tricks”, along with French cooks, and the coulis was singled out for particular opprobrium. In reality, Glasse bestrides both sides of the divide by giving the much-hated recipe and commenting on it. She provides another example of this in her recipe for The French Way of Dressing Partridges to which she adds the comment: “this dish I do not recommend; for I think it an odd jumble of thrash, by that time the Cullis, the Essence of Ham, and all other Ingredients are reckoned, the Partridges will come to a fine penny; but such Receipts as this, is what you have in most Books of Cookery yet printed” (53). When Daniel Defoe in The Complete English Tradesman of 1726 criticised French tradesmen for spending so much on the facades of their shops that they were unable to offer their customers a varied stock within, we can see the antipathy spilling over into other creative fields (Craske). As a critical strategy, it is not dissimilar to Glasse when she comments “now compute the expense, and see if this dish cannot be dressed full as well without this expense” at the end of a recipe for the supposedly despised Cullis for all Sorts of Ragoo (53). Food had become part of the defining image of Britain as an aggressively Protestant culture in opposition to Catholic France (Lehmann Politics 75). The author of the Tervoe manuscript makes no comment about the dish other than “A Cullis is a mixture of things, strained off.” This is in marked contrast to the second manuscript (NLI, Limerick). The author of this anonymous manuscript, from which the title of this paper is taken, is considerably perplexed by the term cullis, despite the manuscript dating 1811 (Fig. 2). Of Limerick provenance also, but considerably more modest in binding and scope, the manuscript was added to for twenty years, entries terminating around 1831. The recipe for Beef Stake (sic) Pie is an exact transcription of a recipe in John Simpson’s A Complete System of Cookery, published in 1806, and reads Cut some beef steaks thin, butter a pan (or as Lord Buckingham’s cook, from whom these rects are taken, calls it a soutis pan, ? [sic] (what does he mean, is it a saucepan) [sic] sprinkle the pan with pepper and salt, shallots thyme and parsley, put the beef steaks in and the pan on the fire for a few minutes then put them to cool, when quite cold put them in the fire, scrape all the herbs in over the fire and ornament as you please, it will take an hour and half, when done take the top off and put in some coulis (what is that?) [sic]. Fig. 2. Beef Stake Pie (NLI, Limerick). Courtesy of the National Library of Ireland. Simpson was cook to Lord Buckingham for at least a year in 1796, and may indeed have travelled to Ireland with the Duke who had several connections there. A feature of this manuscript are the number of Cholera remedies that it contains, including the “Rect for the cholera sent by Dr Shanfer from Warsaw to the Brussels Government”. Cholera had reached Germany by 1830, and England by 1831. By March 1832, it had struck Belfast and Dublin, the following month being noted in Cork, in the south of the country. Lasting a year, the epidemic claimed 50,000 lives in Ireland (Fenning). On 29 April 1832, the diarist Amhlaoibh Ó Súilleabháin notes, “we had a meeting today to keep the cholera from Callan. May God help us” (De Bhaldraithe 132). By 18 June, the cholera is “wrecking destruction in Ennis, Limerick and Tullamore” (135) and on 26 November, “Seed being sown. The end of the month wet and windy. The cholera came to Callan at the beginning of the month. Twenty people went down with it and it left the town then” (139). This situation was obviously of great concern and this is registered in the manuscript. Another concern is that highlighted by the recommendation that “this receipt is as good as the bank. It has been obligingly given to Mrs Hawkesworth by the chief book keeper at the Bank of Ireland” (NLI, Limerick). The Bank of Ireland commenced business at St. Mary’s Abbey in Dublin in June 1783, having been established under the protection of the Irish Parliament as a chartered rather then a central bank. As such, it supplied a currency of solidity. The charter establishing the bank, however, contained a prohibitory clause preventing (until 1824 when it was repealed) more then six persons forming themselves into a company to carry on the business of banking. This led to the formation, especially outside Dublin, of many “small private banks whose failure was the cause of immense wretchedness to all classes of the population” (Gilbert 19). The collapse that caused the most distress was that of the Ffrench bank in 1814, founded eleven years previously by the family of Lord Ffrench, one of the leading Catholic peers, based in Connacht in the west of Ireland. The bank issued notes in exchange for Bank of Ireland notes. Loans from Irish banks were in the form of paper money which were essentially printed promises to pay the amount stated and these notes were used in ordinary transactions. So great was the confidence in the Ffrench bank that their notes were held by the public in preference to Bank of Ireland notes, most particularly in Connacht. On 27 June 1814, there was a run on the bank leading to collapse. The devastation spread through society, from business through tenant farmers to the great estates, and notably so in Galway. Lord Ffrench shot himself in despair (Tennison). Williams and Finn, founded in Kilkenny in 1805, entered bankruptcy proceedings in 1816, and the last private bank outside Dublin, Delacours in Mallow, failed in 1835 (Barrow). The issue of bank failure is commented on by writers of the period, notably so in Dickens, Thackery, and Gaskill, and Edgeworth in Ireland. Following on the Ffrench collapse, notes from the Bank of Ireland were accorded increased respect, reflected in the comment in this recipe. The receipt in question is one for making White Currant Wine, with the unusual addition of a slice of bacon suspended from the bunghole when the wine is turned, for the purpose of enriching it. The recipe was provided to “Mrs Hawkesworth by the chief book keeper of the bank” (NLI, Limerick). In 1812, a John Hawkesworth, agent to Lord CastleCoote, was living at Forest Lodge, Mountrath, County Laois (Ennis Chronicle). The Coote family, although settling in County Laois in the seventeenth century, had strong connections with Limerick through a descendent of the younger brother of the first Earl of Mountrath (Landed Estates). The last manuscript for discussion is the manuscript book of Mrs Abraham Whyte Baker of Ballytobin House, County Kilkenny, 1810 (NLI, Baker). Ballytobin, or more correctly Ballaghtobin, is a townland in the barony of Kells, four miles from the previously mentioned Callan. The land was confiscated from the Tobin family during the Cromwellian campaign in Ireland of 1649–52, and was reputedly purchased by a Captain Baker, to establish what became the estate of Ballaghtobin (Fig. 3) To this day, it is a functioning estate, remaining in the family, twice passing down through the female line. In its heyday, there were two acres of walled gardens from which the house would have drawn for its own provisions (Ballaghtobin). Fig. 3. Ballaghtobin 2013. At the time of writing the manuscript, Mrs. Sophia Baker was widowed and living at Ballaghtobin with her son and daughter-in-law, Charity who was “no beauty, but tall, slight” (Herbert 414). On the succession of her husband to the estate, Charity became mistress of Ballaghtobin, leaving Sophia with time on what were her obviously very capable hands (Nevin). Sophia Baker was the daughter of Sir John Blunden of Castle Blunden and Lucinda Cuffe, daughter of the first Baron Desart. Sophia was also first cousin of the diarist Dorothea Herbert, whose mother was Lucinda’s sister, Martha. Sophia Baker and Dorothea Herbert have left for posterity a record of life in the landed gentry class in rural Georgian Ireland, Dorothea describing Mrs. Baker as “full of life and spirits” (Herbert 70). Their close relationship allows the two manuscripts to converse with each other in a unique way. Mrs. Baker’s detailing of the provenance of her recipes goes beyond the norm, so that what she has left us is not just a remarkable work of culinary history but also a palimpsest of her family and social circle. Among the people she references are: “my grandmother”; Dorothea Beresford, half sister to the Earl of Tyrone, who lived in the nearby Curraghmore House; Lady Tyrone; and Aunt Howth, the sister of Dorothea Beresford, married to William St Lawrence, Lord Howth, and described by Johnathan Swift as “his blue eyed nymph” (195). Other attributions include Lady Anne Fitzgerald, wife of Maurice Fitzgerald, 16th knight of Kerry, Sir William Parsons, Major Labilen, and a Mrs. Beaufort (Fig. 4). Fig. 4. Mrs. Beauforts Rect. (NLI, Baker). Courtesy of the National Library of Ireland. That this Mrs. Beaufort was the wife of Daniel Augustus Beaufort, mother of the hydrographer Sir Francis Beaufort, may be deduced from the succeeding recipe supplied by a Mrs. Waller. Mrs. Beaufort’s maiden name was Waller. Fanny Beaufort, the elder sister of Sir Francis, was Richard Edgeworth’s fourth wife and close friend and confidante of his daughter Maria, the novelist. There are also entries for “Miss Herbert” and “Aunt Herbert.” While the Baker manuscript is of interest for the fact that it intersects the worlds of the novelist Maria Edgeworth and the diarist Dorothea Herbert, and for the societal references that it documents, it is also a fine collection of recipes that date back to the mid-18th century. An example of this is a recipe for Sligo pickled salmon that Mrs. Baker, nee Blunden, refers to in an index that she gives to a second volume. Unfortunately this second volume is not known to be extant. This recipe features in a Blunden family manuscript of 1760 as referred to in Anelecta Hibernica (McLysaght). The recipe has also appeared in Cookery and Cures of Old Kilkenny (St. Canices’s 24). Unlike the Tervoe and Limerick manuscripts, Mrs. Baker is unconcerned with recipes for “cullis”. Conclusion The three manuscripts that have been examined here are from the period before the famine of 1845–50, known as An Gorta Mór, translated as “the big hunger”. The famine preceding this, Bliain an Áir (the year of carnage) in 1740–1 was caused by extremely cold and rainy weather that wiped out the harvest (Ó Gráda 15). This earlier famine, almost forgotten today, was more severe than the subsequent one, causing the death of an eight of the population of the island over one and a half years (McBride). These manuscripts are written in living memory of both events. Within the world that they inhabit, it may appear there is little said about hunger or social conditions beyond the walls of their estates. Subjected to closer analysis, however, it is evident that they are loquacious in their own unique way, and make an important contribution to the narrative of cookbooks. Through the three manuscripts discussed here, we find evidence of the culinary hegemony of France and how practitioners in Ireland commented on this in comparatively neutral fashion. An awareness of cholera and bank collapses have been communicated in a singular fashion, while a conversation between diarist and culinary networker has allowed a glimpse into the world of the landed gentry in Ireland during the Georgian period. References Allen, M. “Statement by Myrtle Allen at the opening of Ballymaloe Cookery School.” 14 Nov. 1983. Ballaghtobin. “The Grounds”. nd. 13 Mar. 2013. ‹http://www.ballaghtobin.com/gardens.html›. Barrow, G.L. “Some Dublin Private Banks.” Dublin Historical Record 25.2 (1972): 38–53. Bence-Jones, M. A Guide to Irish Country Houses. London: Constable, 1988. Bourke, A. Ed. Field Day Anthology of Irish Writing Vol V. Cork: Cork UP, 2002. Craske, M. “Design and the Competitive Spirit in Early and Mid 18th Century England”, Journal of Design History 12.3 (1999): 187–216. Cullen, L. The Emergence of Modern Ireland. London: Batsford, 1981. Dawson, Graham. “Trauma, Memory, Politics. The Irish Troubles.” Trauma: Life Stories of Survivors. Ed. Kim Lacy Rogers, Selma Leydesdorff and Graham Dawson. New Jersey: Transaction P, 2004. De Bhaldraithe,T. Ed. Cín Lae Amhlaoibh. Cork: Mercier P, 1979. Ennis Chronicle. 12–23 Feb 1812. 10 Feb. 2013 ‹http://astheywere.blogspot.ie/2012/12/ennis-chronicle-1812-feb-23-feb-12.html› Farmar, A. E-mail correspondence between Farmar and Dr M. Mac Con Iomaire, 26 Jan. 2011. Fenning, H. “The Cholera Epidemic in Ireland 1832–3: Priests, Ministers, Doctors”. Archivium Hibernicum 57 (2003): 77–125. Ferguson, F. “The Industrialisation of Irish Book Production 1790-1900.” The Oxford History of the Irish Book, Vol. IV The Irish Book in English 1800-1891. Ed. J. Murphy. Oxford: Oxford UP, 2011. Foster, R.F. Luck and the Irish: A Brief History of Change from 1970. Oxford: Oxford UP, 2008. Gilbert, James William. The History of Banking in Ireland. London: Longman, Rees, Orme, Brown, Green, and Longman, 1836. Glasse, Hannah. The Art of Cookery Made Plain and Easy by a Lady: Facsimile Edition. Devon: Prospect, 1983. Gold, C. Danish Cookbooks. Seattle: U of Washington P, 2007. Herbert, D. Retrospections of an Outcast or the Life of Dorothea Herbert. London: Gerald Howe, 1929. Higgins, Michael D. “Remarks by President Michael D. Higgins reflecting on the Gorta Mór: the Great famine of Ireland.” Famine Commemoration, Boston, 12 May 2012. 18 Feb. 2013 ‹http://www.president.ie/speeches/ › Landed Estates Database, National University of Galway, Moore Institute for Research, 10 Feb. 2013 ‹http://landedestates.nuigalway.ie/LandedEstates/jsp/family-show.jsp?id=633.› Lehmann, G. The British Housewife: Cookery books, cooking and society in eighteenth-century Britain. Totnes: Prospect, 1993. ---. “Politics in the Kitchen.” 18th Century Life 23.2 (1999): 71–83. Mac Con Iomaire, M. “The Emergence, Development and Influence of French Haute Cuisine on Public Dining in Dublin Restaurants 1900-2000: An Oral History”. Vol. 2. PhD thesis. Dublin Institute of Technology. 2009. 8 Mar. 2013 ‹http://arrow.dit.ie/tourdoc/12›. McBride, Ian. Eighteenth Century Ireland: The Isle of Slaves. Dublin: Gill and Macmillan, 2009. McLysaght, E.A. Anelecta Hibernica 15. Dublin: Irish Manuscripts Commission, 1944. Myers, K. “Dinner is served ... But in Our Culinary Dessert it may be Korean.” The Irish Independent 30 Jun. 2006. Nevin, M. “A County Kilkenny Georgian Household Notebook.” Journal of the Royal Society of Antiquaries of Ireland 109 (1979): 5–18. (NLI) National Library of Ireland. Baker. 19th century manuscript. MS 34,952. ---. Limerick. 19th century manuscript. MS 42,105. ---. Tervoe. 18th century manuscript. MS 42,134. Ó Gráda, C. Famine: A Short History. New Jersey: Princeton UP, 2009. O’Daly, C. E-mail correspondence between Colette O’Daly, Assistant Keeper, Dept. of Manuscripts, National Library of Ireland and Dorothy Cashman. 8 Dec. 2011. Potter, M. William Monsell of Tervoe 1812-1894. Dublin: Irish Academic P, 2009. Rees, Catherine. “Irish Anxiety, Identity and Narrative in the Plays of McDonagh and Jones.” Redefinitions of Irish Identity: A Postnationalist Approach. Eds. Irene Gilsenan Nordin and Carmen Zamorano Llena. Bern: Peter Lang, 2010. St. Canice’s. Cookery and Cures of Old Kilkenny. Kilkenny: Boethius P, 1983. Swift, J. The Works of the Rev Dr J Swift Vol. XIX Dublin: Faulkner, 1772. 8 Feb. 2013. ‹http://www.google.ie/search?tbm=bks&hl=en&q=works+of+jonathan+swift+Vol+XIX+&btnG=› Tennison, C.M. “The Old Dublin Bankers.” Journal of the Cork Historical and Archeological Society 1.2 (1895): 36–9.

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

A same-but-different dichotomy has recently been encapsulated within the US Food and Drug Administration’s ill-defined concept of “substantial equivalence” (USFDA, FDA). By invoking this concept the genetically modified organism (GMO) industry has escaped the rigors of safety testing that might otherwise apply. The curious concept of “substantial equivalence” grants a presumption of safety to GMO food. This presumption has yet to be earned, and has been used to constrain labelling of both GMO and non-GMO food. It is an idea that well serves corporatism. It enables the claim of difference to secure patent protection, while upholding the contrary claim of sameness to avoid labelling and safety scrutiny. It offers the best of both worlds for corporate food entrepreneurs, and delivers the worst of both worlds to consumers. The term “substantial equivalence” has established its currency within the GMO discourse. As the opportunities for patenting food technologies expand, the GMO recruitment of this concept will likely be a dress rehearsal for the developing debates on the labelling and testing of other techno-foods – including nano-foods and clone-foods. “Substantial Equivalence” “Are the Seven Commandments the same as they used to be, Benjamin?” asks Clover in George Orwell’s “Animal Farm”. By way of response, Benjamin “read out to her what was written on the wall. There was nothing there now except a single Commandment. It ran: ALL ANIMALS ARE EQUAL BUT SOME ANIMALS ARE MORE EQUAL THAN OTHERS”. After this reductionist revelation, further novel and curious events at Manor Farm, “did not seem strange” (Orwell, ch. X). Equality is a concept at the very core of mathematics, but beyond the domain of logic, equality becomes a hotly contested notion – and the domain of food is no exception. A novel food has a regulatory advantage if it can claim to be the same as an established food – a food that has proven its worth over centuries, perhaps even millennia – and thus does not trigger new, perhaps costly and onerous, testing, compliance, and even new and burdensome regulations. On the other hand, such a novel food has an intellectual property (IP) advantage only in terms of its difference. And thus there is an entrenched dissonance for newly technologised foods, between claiming sameness, and claiming difference. The same/different dilemma is erased, so some would have it, by appeal to the curious new dualist doctrine of “substantial equivalence” whereby sameness and difference are claimed simultaneously, thereby creating a win/win for corporatism, and a loss/loss for consumerism. This ground has been pioneered, and to some extent conquered, by the GMO industry. The conquest has ramifications for other cryptic food technologies, that is technologies that are invisible to the consumer and that are not evident to the consumer other than via labelling. Cryptic technologies pertaining to food include GMOs, pesticides, hormone treatments, irradiation and, most recently, manufactured nano-particles introduced into the food production and delivery stream. Genetic modification of plants was reported as early as 1984 by Horsch et al. The case of Diamond v. Chakrabarty resulted in a US Supreme Court decision that upheld the prior decision of the US Court of Customs and Patent Appeal that “the fact that micro-organisms are alive is without legal significance for purposes of the patent law”, and ruled that the “respondent’s micro-organism plainly qualifies as patentable subject matter”. This was a majority decision of nine judges, with four judges dissenting (Burger). It was this Chakrabarty judgement that has seriously opened the Pandora’s box of GMOs because patenting rights makes GMOs an attractive corporate proposition by offering potentially unique monopoly rights over food. The rear guard action against GMOs has most often focussed on health repercussions (Smith, Genetic), food security issues, and also the potential for corporate malfeasance to hide behind a cloak of secrecy citing commercial confidentiality (Smith, Seeds). Others have tilted at the foundational plank on which the economics of the GMO industry sits: “I suggest that the main concern is that we do not want a single molecule of anything we eat to contribute to, or be patented and owned by, a reckless, ruthless chemical organisation” (Grist 22). The GMO industry exhibits bipolar behaviour, invoking the concept of “substantial difference” to claim patent rights by way of “novelty”, and then claiming “substantial equivalence” when dealing with other regulatory authorities including food, drug and pesticide agencies; a case of “having their cake and eating it too” (Engdahl 8). This is a clever slight-of-rhetoric, laying claim to the best of both worlds for corporations, and the worst of both worlds for consumers. Corporations achieve patent protection and no concomitant specific regulatory oversight; while consumers pay the cost of patent monopolization, and are not necessarily apprised, by way of labelling or otherwise, that they are purchasing and eating GMOs, and thereby financing the GMO industry. The lemma of “substantial equivalence” does not bear close scrutiny. It is a fuzzy concept that lacks a tight testable definition. It is exactly this fuzziness that allows lots of wriggle room to keep GMOs out of rigorous testing regimes. Millstone et al. argue that “substantial equivalence is a pseudo-scientific concept because it is a commercial and political judgement masquerading as if it is scientific. It is moreover, inherently anti-scientific because it was created primarily to provide an excuse for not requiring biochemical or toxicological tests. It therefore serves to discourage and inhibit informative scientific research” (526). “Substantial equivalence” grants GMOs the benefit of the doubt regarding safety, and thereby leaves unexamined the ramifications for human consumer health, for farm labourer and food-processor health, for the welfare of farm animals fed a diet of GMO grain, and for the well-being of the ecosystem, both in general and in its particularities. “Substantial equivalence” was introduced into the food discourse by an Organisation for Economic Co-operation and Development (OECD) report: “safety evaluation of foods derived by modern biotechnology: concepts and principles”. It is from this document that the ongoing mantra of assumed safety of GMOs derives: “modern biotechnology … does not inherently lead to foods that are less safe … . Therefore evaluation of foods and food components obtained from organisms developed by the application of the newer techniques does not necessitate a fundamental change in established principles, nor does it require a different standard of safety” (OECD, “Safety” 10). This was at the time, and remains, an act of faith, a pro-corporatist and a post-cautionary approach. The OECD motto reveals where their priorities lean: “for a better world economy” (OECD, “Better”). The term “substantial equivalence” was preceded by the 1992 USFDA concept of “substantial similarity” (Levidow, Murphy and Carr) and was adopted from a prior usage by the US Food and Drug Agency (USFDA) where it was used pertaining to medical devices (Miller). Even GMO proponents accept that “Substantial equivalence is not intended to be a scientific formulation; it is a conceptual tool for food producers and government regulators” (Miller 1043). And there’s the rub – there is no scientific definition of “substantial equivalence”, no scientific test of proof of concept, and nor is there likely to be, since this is a ‘spinmeister’ term. And yet this is the cornerstone on which rests the presumption of safety of GMOs. Absence of evidence is taken to be evidence of absence. History suggests that this is a fraught presumption. By way of contrast, the patenting of GMOs depends on the antithesis of assumed ‘sameness’. Patenting rests on proven, scrutinised, challengeable and robust tests of difference and novelty. Lightfoot et al. report that transgenic plants exhibit “unexpected changes [that] challenge the usual assumptions of GMO equivalence and suggest genomic, proteomic and metanomic characterization of transgenics is advisable” (1). GMO Milk and Contested Labelling Pesticide company Monsanto markets the genetically engineered hormone rBST (recombinant Bovine Somatotropin; also known as: rbST; rBGH, recombinant Bovine Growth Hormone; and the brand name Prosilac) to dairy farmers who inject it into their cows to increase milk production. This product is not approved for use in many jurisdictions, including Europe, Australia, New Zealand, Canada and Japan. Even Monsanto accepts that rBST leads to mastitis (inflammation and pus in the udder) and other “cow health problems”, however, it maintains that “these problems did not occur at rates that would prohibit the use of Prosilac” (Monsanto). A European Union study identified an extensive list of health concerns of rBST use (European Commission). The US Dairy Export Council however entertain no doubt. In their background document they ask “is milk from cows treated with rBST safe?” and answer “Absolutely” (USDEC). Meanwhile, Monsanto’s website raises and answers the question: “Is the milk from cows treated with rbST any different from milk from untreated cows? No” (Monsanto). Injecting cows with genetically modified hormones to boost their milk production remains a contested practice, banned in many countries. It is the claimed equivalence that has kept consumers of US dairy products in the dark, shielded rBST dairy farmers from having to declare that their milk production is GMO-enhanced, and has inhibited non-GMO producers from declaring their milk as non-GMO, non rBST, or not hormone enhanced. This is a battle that has simmered, and sometimes raged, for a decade in the US. Finally there is a modest victory for consumers: the Pennsylvania Department of Agriculture (PDA) requires all labels used on milk products to be approved in advance by the department. The standard issued in October 2007 (PDA, “Standards”) signalled to producers that any milk labels claiming rBST-free status would be rejected. This advice was rescinded in January 2008 with new, specific, department-approved textual constructions allowed, and ensuring that any “no rBST” style claim was paired with a PDA-prescribed disclaimer (PDA, “Revised Standards”). However, parsimonious labelling is prohibited: No labeling may contain references such as ‘No Hormones’, ‘Hormone Free’, ‘Free of Hormones’, ‘No BST’, ‘Free of BST’, ‘BST Free’,’No added BST’, or any statement which indicates, implies or could be construed to mean that no natural bovine somatotropin (BST) or synthetic bovine somatotropin (rBST) are contained in or added to the product. (PDA, “Revised Standards” 3) Difference claims are prohibited: In no instance shall any label state or imply that milk from cows not treated with recombinant bovine somatotropin (rBST, rbST, RBST or rbst) differs in composition from milk or products made with milk from treated cows, or that rBST is not contained in or added to the product. If a product is represented as, or intended to be represented to consumers as, containing or produced from milk from cows not treated with rBST any labeling information must convey only a difference in farming practices or dairy herd management methods. (PDA, “Revised Standards” 3) The PDA-approved labelling text for non-GMO dairy farmers is specified as follows: ‘From cows not treated with rBST. No significant difference has been shown between milk derived from rBST-treated and non-rBST-treated cows’ or a substantial equivalent. Hereinafter, the first sentence shall be referred to as the ‘Claim’, and the second sentence shall be referred to as the ‘Disclaimer’. (PDA, “Revised Standards” 4) It is onto the non-GMO dairy farmer alone, that the costs of compliance fall. These costs include label preparation and approval, proving non-usage of GMOs, and of creating and maintaining an audit trail. In nearby Ohio a similar consumer versus corporatist pantomime is playing out. This time with the Ohio Department of Agriculture (ODA) calling the shots, and again serving the GMO industry. The ODA prescribed text allowed to non-GMO dairy farmers is “from cows not supplemented with rbST” and this is to be conjoined with the mandatory disclaimer “no significant difference has been shown between milk derived from rbST-supplemented and non-rbST supplemented cows” (Curet). These are “emergency rules”: they apply for 90 days, and are proposed as permanent. Once again, the onus is on the non-GMO dairy farmers to document and prove their claims. GMO dairy farmers face no such governmental requirements, including no disclosure requirement, and thus an asymmetric regulatory impost is placed on the non-GMO farmer which opens up new opportunities for administrative demands and technocratic harassment. Levidow et al. argue, somewhat Eurocentrically, that from its 1990s adoption “as the basis for a harmonized science-based approach to risk assessment” (26) the concept of “substantial equivalence” has “been recast in at least three ways” (58). It is true that the GMO debate has evolved differently in the US and Europe, and with other jurisdictions usually adopting intermediate positions, yet the concept persists. Levidow et al. nominate their three recastings as: firstly an “implicit redefinition” by the appending of “extra phrases in official documents”; secondly, “it has been reinterpreted, as risk assessment processes have … required more evidence of safety than before, especially in Europe”; and thirdly, “it has been demoted in the European Union regulatory procedures so that it can no longer be used to justify the claim that a risk assessment is unnecessary” (58). Romeis et al. have proposed a decision tree approach to GMO risks based on cascading tiers of risk assessment. However what remains is that the defects of the concept of “substantial equivalence” persist. Schauzu identified that: such decisions are a matter of “opinion”; that there is “no clear definition of the term ‘substantial’”; that because genetic modification “is aimed at introducing new traits into organisms, the result will always be a different combination of genes and proteins”; and that “there is no general checklist that could be followed by those who are responsible for allowing a product to be placed on the market” (2). Benchmark for Further Food Novelties? The discourse, contestation, and debate about “substantial equivalence” have largely focussed on the introduction of GMOs into food production processes. GM can best be regarded as the test case, and proof of concept, for establishing “substantial equivalence” as a benchmark for evaluating new and forthcoming food technologies. This is of concern, because the concept of “substantial equivalence” is scientific hokum, and yet its persistence, even entrenchment, within regulatory agencies may be a harbinger of forthcoming same-but-different debates for nanotechnology and other future bioengineering. The appeal of “substantial equivalence” has been a brake on the creation of GMO-specific regulations and on rigorous GMO testing. The food nanotechnology industry can be expected to look to the precedent of the GMO debate to head off specific nano-regulations and nano-testing. As cloning becomes economically viable, then this may be another wave of food innovation that muddies the regulatory waters with the confused – and ultimately self-contradictory – concept of “substantial equivalence”. Nanotechnology engineers particles in the size range 1 to 100 nanometres – a nanometre is one billionth of a metre. This is interesting for manufacturers because at this size chemicals behave differently, or as the Australian Office of Nanotechnology expresses it, “new functionalities are obtained” (AON). Globally, government expenditure on nanotechnology research reached US$4.6 billion in 2006 (Roco 3.12). While there are now many patents (ETC Group; Roco), regulation specific to nanoparticles is lacking (Bowman and Hodge; Miller and Senjen). The USFDA advises that nano-manufacturers “must show a reasonable assurance of safety … or substantial equivalence” (FDA). A recent inventory of nano-products already on the market identified 580 products. Of these 11.4% were categorised as “Food and Beverage” (WWICS). This is at a time when public confidence in regulatory bodies is declining (HRA). In an Australian consumer survey on nanotechnology, 65% of respondents indicated they were concerned about “unknown and long term side effects”, and 71% agreed that it is important “to know if products are made with nanotechnology” (MARS 22). Cloned animals are currently more expensive to produce than traditional animal progeny. In the course of 678 pages, the USFDA Animal Cloning: A Draft Risk Assessment has not a single mention of “substantial equivalence”. However the Federation of Animal Science Societies (FASS) in its single page “Statement in Support of USFDA’s Risk Assessment Conclusion That Food from Cloned Animals Is Safe for Human Consumption” states that “FASS endorses the use of this comparative evaluation process as the foundation of establishing substantial equivalence of any food being evaluated. It must be emphasized that it is the food product itself that should be the focus of the evaluation rather than the technology used to generate cloned animals” (FASS 1). Contrary to the FASS derogation of the importance of process in food production, for consumers both the process and provenance of production is an important and integral aspect of a food product’s value and identity. Some consumers will legitimately insist that their Kalamata olives are from Greece, or their balsamic vinegar is from Modena. It was the British public’s growing awareness that their sugar was being produced by slave labour that enabled the boycotting of the product, and ultimately the outlawing of slavery (Hochschild). When consumers boycott Nestle, because of past or present marketing practices, or boycott produce of USA because of, for example, US foreign policy or animal welfare concerns, they are distinguishing the food based on the narrative of the food, the production process and/or production context which are a part of the identity of the food. Consumers attribute value to food based on production process and provenance information (Paull). Products produced by slave labour, by child labour, by political prisoners, by means of torture, theft, immoral, unethical or unsustainable practices are different from their alternatives. The process of production is a part of the identity of a product and consumers are increasingly interested in food narrative. It requires vigilance to ensure that these narratives are delivered with the product to the consumer, and are neither lost nor suppressed. Throughout the GM debate, the organic sector has successfully skirted the “substantial equivalence” debate by excluding GMOs from the certified organic food production process. This GMO-exclusion from the organic food stream is the one reprieve available to consumers worldwide who are keen to avoid GMOs in their diet. The organic industry carries the expectation of providing food produced without artificial pesticides and fertilizers, and by extension, without GMOs. Most recently, the Soil Association, the leading organic certifier in the UK, claims to be the first organisation in the world to exclude manufactured nonoparticles from their products (Soil Association). There has been the call that engineered nanoparticles be excluded from organic standards worldwide, given that there is no mandatory safety testing and no compulsory labelling in place (Paull and Lyons). The twisted rhetoric of oxymorons does not make the ideal foundation for policy. Setting food policy on the shifting sands of “substantial equivalence” seems foolhardy when we consider the potentially profound ramifications of globally mass marketing a dysfunctional food. If there is a 2×2 matrix of terms – “substantial equivalence”, substantial difference, insubstantial equivalence, insubstantial difference – while only one corner of this matrix is engaged for food policy, and while the elements remain matters of opinion rather than being testable by science, or by some other regime, then the public is the dupe, and potentially the victim. “Substantial equivalence” has served the GMO corporates well and the public poorly, and this asymmetry is slated to escalate if nano-food and clone-food are also folded into the “substantial equivalence” paradigm. Only in Orwellian Newspeak is war peace, or is same different. It is time to jettison the pseudo-scientific doctrine of “substantial equivalence”, as a convenient oxymoron, and embrace full disclosure of provenance, process and difference, so that consumers are not collateral in a continuing asymmetric knowledge war. References Australian Office of Nanotechnology (AON). Department of Industry, Tourism and Resources (DITR) 6 Aug. 2007. 24 Apr. 2008 < http://www.innovation.gov.au/Section/Innovation/Pages/ AustralianOfficeofNanotechnology.aspx >.Bowman, Diana, and Graeme Hodge. “A Small Matter of Regulation: An International Review of Nanotechnology Regulation.” Columbia Science and Technology Law Review 8 (2007): 1-32.Burger, Warren. “Sidney A. Diamond, Commissioner of Patents and Trademarks v. Ananda M. Chakrabarty, et al.” Supreme Court of the United States, decided 16 June 1980. 24 Apr. 2008 < http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=447&invol=303 >.Curet, Monique. “New Rules Allow Dairy-Product Labels to Include Hormone Info.” The Columbus Dispatch 7 Feb. 2008. 24 Apr. 2008 < http://www.dispatch.com/live/content/business/stories/2008/02/07/dairy.html >.Engdahl, F. William. Seeds of Destruction. Montréal: Global Research, 2007.ETC Group. Down on the Farm: The Impact of Nano-Scale Technologies on Food and Agriculture. Ottawa: Action Group on Erosion, Technology and Conservation, November, 2004. European Commission. Report on Public Health Aspects of the Use of Bovine Somatotropin. Brussels: European Commission, 15-16 March 1999.Federation of Animal Science Societies (FASS). Statement in Support of FDA’s Risk Assessment Conclusion That Cloned Animals Are Safe for Human Consumption. 2007. 24 Apr. 2008 < http://www.fass.org/page.asp?pageID=191 >.Grist, Stuart. “True Threats to Reason.” New Scientist 197.2643 (16 Feb. 2008): 22-23.Hochschild, Adam. Bury the Chains: The British Struggle to Abolish Slavery. London: Pan Books, 2006.Horsch, Robert, Robert Fraley, Stephen Rogers, Patricia Sanders, Alan Lloyd, and Nancy Hoffman. “Inheritance of Functional Foreign Genes in Plants.” Science 223 (1984): 496-498.HRA. Awareness of and Attitudes toward Nanotechnology and Federal Regulatory Agencies: A Report of Findings. Washington: Peter D. Hart Research Associates, 25 Sep. 2007.Levidow, Les, Joseph Murphy, and Susan Carr. “Recasting ‘Substantial Equivalence’: Transatlantic Governance of GM Food.” Science, Technology, and Human Values 32.1 (Jan. 2007): 26-64.Lightfoot, David, Rajsree Mungur, Rafiqa Ameziane, Anthony Glass, and Karen Berhard. “Transgenic Manipulation of C and N Metabolism: Stretching the GMO Equivalence.” American Society of Plant Biologists Conference: Plant Biology, 2000.MARS. “Final Report: Australian Community Attitudes Held about Nanotechnology – Trends 2005-2007.” Report prepared for Department of Industry, Tourism and Resources (DITR). Miranda, NSW: Market Attitude Research Services, 12 June 2007.Miller, Georgia, and Rye Senjen. “Out of the Laboratory and on to Our Plates: Nanotechnology in Food and Agriculture.” Friends of the Earth, 2008. 24 Apr. 2008 < http://nano.foe.org.au/node/220 >.Miller, Henry. “Substantial Equivalence: Its Uses and Abuses.” Nature Biotechnology 17 (7 Nov. 1999): 1042-1043.Millstone, Erik, Eric Brunner, and Sue Mayer. “Beyond ‘Substantial Equivalence’.” Nature 401 (7 Oct. 1999): 525-526.Monsanto. “Posilac, Bovine Somatotropin by Monsanto: Questions and Answers about bST from the United States Food and Drug Administration.” 2007. 24 Apr. 2008 < http://www.monsantodairy.com/faqs/fda_safety.html >.Organisation for Economic Co-operation and Development (OECD). “For a Better World Economy.” Paris: OECD, 2008. 24 Apr. 2008 < http://www.oecd.org/ >.———. “Safety Evaluation of Foods Derived by Modern Biotechnology: Concepts and Principles.” Paris: OECD, 1993.Orwell, George. Animal Farm. Adelaide: ebooks@Adelaide, 2004 (1945). 30 Apr. 2008 < http://ebooks.adelaide.edu.au/o/orwell/george >.Paull, John. “Provenance, Purity and Price Premiums: Consumer Valuations of Organic and Place-of-Origin Food Labelling.” Research Masters thesis, University of Tasmania, Hobart, 2006. 24 Apr. 2008 < http://eprints.utas.edu.au/690/ >.Paull, John, and Kristen Lyons. “Nanotechnology: The Next Challenge for Organics.” Journal of Organic Systems (in press).Pennsylvania Department of Agriculture (PDA). “Revised Standards and Procedure for Approval of Proposed Labeling of Fluid Milk.” Milk Labeling Standards (2.0.1.17.08). Bureau of Food Safety and Laboratory Services, Pennsylvania Department of Agriculture, 17 Jan. 2008. ———. “Standards and Procedure for Approval of Proposed Labeling of Fluid Milk, Milk Products and Manufactured Dairy Products.” Milk Labeling Standards (2.0.1.17.08). Bureau of Food Safety and Laboratory Services, Pennsylvania Department of Agriculture, 22 Oct. 2007.Roco, Mihail. “National Nanotechnology Initiative – Past, Present, Future.” In William Goddard, Donald Brenner, Sergy Lyshevski and Gerald Iafrate, eds. Handbook of Nanoscience, Engineering and Technology. 2nd ed. Boca Raton, FL: CRC Press, 2007.Romeis, Jorg, Detlef Bartsch, Franz Bigler, Marco Candolfi, Marco Gielkins, et al. “Assessment of Risk of Insect-Resistant Transgenic Crops to Nontarget Arthropods.” Nature Biotechnology 26.2 (Feb. 2008): 203-208.Schauzu, Marianna. “The Concept of Substantial Equivalence in Safety Assessment of Food Derived from Genetically Modified Organisms.” AgBiotechNet 2 (Apr. 2000): 1-4.Soil Association. “Soil Association First Organisation in the World to Ban Nanoparticles – Potentially Toxic Beauty Products That Get Right under Your Skin.” London: Soil Association, 17 Jan. 2008. 24 Apr. 2008 < http://www.soilassociation.org/web/sa/saweb.nsf/848d689047 cb466780256a6b00298980/42308d944a3088a6802573d100351790!OpenDocument >.Smith, Jeffrey. Genetic Roulette: The Documented Health Risks of Genetically Engineered Foods. Fairfield, Iowa: Yes! Books, 2007.———. Seeds of Deception. Melbourne: Scribe, 2004.U.S. Dairy Export Council (USDEC). 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In Ireland today, we eat more pigmeat per capita, approximately 32.4 kilograms, than any other meat, yet you very seldom if ever see a pig (C.S.O.). Fat and flavour are two words that are synonymous with pig meat, yet scientists have spent the last thirty years cross breeding to produce leaner, low-fat pigs. Today’s pig professionals prefer to use the term “pig finishing” as opposed to the more traditional “pig fattening” (Tuite). The pig evokes many themes in relation to cuisine. Charles Lamb (1775-1834), in his essay Dissertation upon Roast Pig, cites Confucius in attributing the accidental discovery of the art of roasting to the humble pig. The pig has been singled out by many cultures as a food to be avoided or even abhorred, and Harris (1997) illustrates the environmental effect this avoidance can have by contrasting the landscape of Christian Albania with that of Muslim Albania.This paper will focus on the pig in Irish cuisine and culture from ancient times to the present day. The inspiration for this paper comes from a folklore tale about how Saint Martin created the pig from a piece of fat. The story is one of a number recorded by Seán Ó Conaill, the famous Kerry storyteller and goes as follows:From St Martin’s fat they were made. He was travelling around, and one night he came to a house and yard. At that time there were only cattle; there were no pigs or piglets. He asked the man of the house if there was anything to eat the chaff and the grain. The man replied there were only the cattle. St Martin said it was a great pity to have that much chaff going to waste. At night when they were going to bed, he handed a piece of fat to the servant-girl and told her to put it under a tub, and not to look at it at all until he would give her the word next day. The girl did so, but she kept a bit of the fat and put it under a keeler to find out what it would be.When St Martin rose next day he asked her to go and lift up the tub. She lifted it up, and there under it were a sow and twelve piglets. It was a great wonder to them, as they had never before seen pig or piglet.The girl then went to the keeler and lifted it, and it was full of mice and rats! As soon as the keeler was lifted, they went running about the house searching for any hole that they could go into. When St Martin saw them, he pulled off one of his mittens and threw it at them and made a cat with that throw. And that is why the cat ever since goes after mice and rats (Ó Conaill).The place of the pig has long been established in Irish literature, and longer still in Irish topography. The word torc, a boar, like the word muc, a pig, is a common element of placenames, from Kanturk (boar’s head) in West Cork to Ros Muc (headland of pigs) in West Galway. The Irish pig had its place in literature well established long before George Orwell’s English pig, Major, headed the dictatorship in Animal Farm. It was a wild boar that killed the hero Diarmaid in the Fenian tale The Pursuit of Diarmaid and Gráinne, on top of Ben Bulben in County Sligo (Mac Con Iomaire). In Ancient and Medieval Ireland, wild boars were hunted with great fervour, and the prime cuts were reserved for the warrior classes, and certain other individuals. At a feast, a leg of pork was traditionally reserved for a king, a haunch for a queen, and a boar’s head for a charioteer. The champion warrior was given the best portion of meat (Curath Mhir or Champions’ Share), and fights often took place to decide who should receive it. Gantz (1981) describes how in the ninth century tale The story of Mac Dathó’s Pig, Cet mac Matach, got supremacy over the men of Ireland: “Moreover he flaunted his valour on high above the valour of the host, and took a knife in his hand and sat down beside the pig. “Let someone be found now among the men of Ireland”, said he, “to endure battle with me, or leave the pig for me to divide!”It did not take long before the wild pigs were domesticated. Whereas cattle might be kept for milk and sheep for wool, the only reason for pig rearing was as a source of food. Until the late medieval period, the “domesticated” pigs were fattened on woodland mast, the fruit of the beech, oak, chestnut and whitethorn, giving their flesh a delicious flavour. So important was this resource that it is acknowledged by an entry in the Annals of Clonmacnoise for the year 1038: “There was such an abundance of ackornes this yeare that it fattened the pigges [runts] of pigges” (Sexton 45). In another mythological tale, two pig keepers, one called ‘friuch’ after the boars bristle (pig keeper to the king of Munster) and the other called ‘rucht’ after its grunt (pig keeper to the king of Connacht), were such good friends that the one from the north would bring his pigs south when there was a mast of oak and beech nuts in Munster. If the mast fell in Connacht, the pig-keeper from the south would travel northward. Competitive jealousy sparked by troublemakers led to the pig keepers casting spells on each other’s herds to the effect that no matter what mast they ate they would not grow fat. Both pig keepers were practised in the pagan arts and could form themselves into any shape, and having been dismissed by their kings for the leanness of their pig herds due to the spells, they eventually formed themselves into the two famous bulls that feature in the Irish Epic The Táin (Kinsella).In the witty and satirical twelfth century text, The Vision of Mac Conglinne (Aisling Mhic Conglinne), many references are made to the various types of pig meat. Bacon, hams, sausages and puddings are often mentioned, and the gate to the fortress in the visionary land of plenty is described thus: “there was a gate of tallow to it, whereon was a bolt of sausage” (Jackson).Although pigs were always popular in Ireland, the emergence of the potato resulted in an increase in both human and pig populations. The Irish were the first Europeans to seriously consider the potato as a staple food. By 1663 it was widely accepted in Ireland as an important food plant and by 1770 it was known as the Irish Potato (Mac Con Iomaire and Gallagher). The potato transformed Ireland from an under populated island of one million in the 1590s to 8.2 million in 1840, making it the most densely populated country in Europe. Two centuries of genetic evolution resulted in potato yields growing from two tons per acre in 1670 to ten tons per acre in 1800. A constant supply of potato, which was not seen as a commercial crop, ensured that even the smallest holding could keep a few pigs on a potato-rich diet. Pat Tuite, an expert on pigs with Teagasc, the Irish Agricultural and Food Development Authority, reminded me that the potatoes were cooked for the pigs and that they also enjoyed whey, the by product of both butter and cheese making (Tuite). The agronomist, Arthur Young, while travelling through Ireland, commented in 1770 that in the town of Mitchelstown in County Cork “there seemed to be more pigs than human beings”. So plentiful were pigs at this time that on the eve of the Great Famine in 1841 the pig population was calculated to be 1,412,813 (Sexton 46). Some of the pigs were kept for home consumption but the rest were a valuable source of income and were shown great respect as the gentleman who paid the rent. Until the early twentieth century most Irish rural households kept some pigs.Pork was popular and was the main meat eaten at all feasts in the main houses; indeed a feast was considered incomplete without a whole roasted pig. In the poorer holdings, fresh pork was highly prized, as it was only available when a pig of their own was killed. Most of the pig was salted, placed in the brine barrel for a period or placed up the chimney for smoking.Certain superstitions were observed concerning the time of killing. Pigs were traditionally killed only in months that contained the letter “r”, since the heat of the summer months caused the meat to turn foul. In some counties it was believed that pigs should be killed under the full moon (Mahon 58). The main breed of pig from the medieval period was the Razor Back or Greyhound Pig, which was very efficient in converting organic waste into meat (Fitzgerald). The killing of the pig was an important ritual and a social occasion in rural Ireland, for it meant full and plenty for all. Neighbours, who came to help, brought a handful of salt for the curing, and when the work was done each would get a share of the puddings and the fresh pork. There were a number of days where it was traditional to kill a pig, the Michaelmas feast (29 September), Saint Martins Day (11 November) and St Patrick’s Day (17 March). Olive Sharkey gives a vivid description of the killing of the barrow pig in rural Ireland during the 1930s. A barrow pig is a male pig castrated before puberty:The local slaughterer (búistéir) a man experienced in the rustic art of pig killing, was approached to do the job, though some farmers killed their own pigs. When the búistéirarrived the whole family gathered round to watch the killing. His first job was to plunge the knife in the pig’s heart via the throat, using a special knife. The screeching during this performance was something awful, but the animal died instantly once the heart had been reached, usually to a round of applause from the onlookers. The animal was then draped across a pig-gib, a sort of bench, and had the fine hairs on its body scraped off. To make this a simple job the animal was immersed in hot water a number of times until the bristles were softened and easy to remove. If a few bristles were accidentally missed the bacon was known as ‘hairy bacon’!During the killing of the pig it was imperative to draw a good flow of blood to ensure good quality meat. This blood was collected in a bucket for the making of puddings. The carcass would then be hung from a hook in the shed with a basin under its head to catch the drip, and a potato was often placed in the pig’s mouth to aid the dripping process. After a few days the carcass would be dissected. Sharkey recalls that her father maintained that each pound weight in the pig’s head corresponded to a stone weight in the body. The body was washed and then each piece that was to be preserved was carefully salted and placed neatly in a barrel and hermetically sealed. It was customary in parts of the midlands to add brown sugar to the barrel at this stage, while in other areas juniper berries were placed in the fire when hanging the hams and flitches (sides of bacon), wrapped in brown paper, in the chimney for smoking (Sharkey 166). While the killing was predominantly men’s work, it was the women who took most responsibility for the curing and smoking. Puddings have always been popular in Irish cuisine. The pig’s intestines were washed well and soaked in a stream, and a mixture of onions, lard, spices, oatmeal and flour were mixed with the blood and the mixture was stuffed into the casing and boiled for about an hour, cooled and the puddings were divided amongst the neighbours.The pig was so palatable that the famous gastronomic writer Grimod de la Reyniere once claimed that the only piece you couldn’t eat was the “oink”. Sharkey remembers her father remarking that had they been able to catch the squeak they would have made tin whistles out of it! No part went to waste; the blood and offal were used, the trotters were known as crubeens (from crúb, hoof), and were boiled and eaten with cabbage. In Galway the knee joint was popular and known as the glúiníns (from glún, knee). The head was roasted whole or often boiled and pressed and prepared as Brawn. The chitterlings (small intestines) were meticulously prepared by continuous washing in cool water and the picking out of undigested food and faeces. Chitterlings were once a popular bar food in Dublin. Pig hair was used for paintbrushes and the bladder was occasionally inflated, using a goose quill, to be used as a football by the children. Meindertsma (2007) provides a pictorial review of the vast array of products derived from a single pig. These range from ammunition and porcelain to chewing gum.From around the mid-eighteenth century, commercial salting of pork and bacon grew rapidly in Ireland. 1820 saw Henry Denny begin operation in Waterford where he both developed and patented several production techniques for bacon. Bacon curing became a very important industry in Munster culminating in the setting up of four large factories. Irish bacon was the brand leader and the Irish companies exported their expertise. Denny set up a plant in Denmark in 1894 and introduced the Irish techniques to the Danish industry, while O’Mara’s set up bacon curing facilities in Russia in 1891 (Cowan and Sexton). Ireland developed an extensive export trade in bacon to England, and hams were delivered to markets in Paris, India, North and South America. The “sandwich method” of curing, or “dry cure”, was used up until 1862 when the method of injecting strong brine into the meat by means of a pickling pump was adopted by Irish bacon-curers. 1887 saw the formation of the Bacon Curers’ Pig Improvement Association and they managed to introduce a new breed, the Large White Ulster into most regions by the turn of the century. This breed was suitable for the production of “Wiltshire” bacon. Cork, Waterford Dublin and Belfast were important centres for bacon but it was Limerick that dominated the industry and a Department of Agriculture document from 1902 suggests that the famous “Limerick cure” may have originated by chance:1880 […] Limerick producers were short of money […] they produced what was considered meat in a half-cured condition. The unintentional cure proved extremely popular and others followed suit. By the turn of the century the mild cure procedure was brought to such perfection that meat could [… be] sent to tropical climates for consumption within a reasonable time (Cowan and Sexton).Failure to modernise led to the decline of bacon production in Limerick in the 1960s and all four factories closed down. The Irish pig market was protected prior to joining the European Union. There were no imports, and exports were subsidised by the Pigs and Bacon Commission. The Department of Agriculture started pig testing in the early 1960s and imported breeds from the United Kingdom and Scandinavia. The two main breeds were Large White and Landrace. Most farms kept pigs before joining the EU but after 1972, farmers were encouraged to rationalise and specialise. Grants were made available for facilities that would keep 3,000 pigs and these grants kick started the development of large units.Pig keeping and production were not only rural occupations; Irish towns and cities also had their fair share. Pigs could easily be kept on swill from hotels, restaurants, not to mention the by-product and leftovers of the brewing and baking industries. Ed Hick, a fourth generation pork butcher from south County Dublin, recalls buying pigs from a local coal man and bus driver and other locals for whom it was a tradition to keep pigs on the side. They would keep some six or eight pigs at a time and feed them on swill collected locally. Legislation concerning the feeding of swill introduced in 1985 (S.I.153) and an amendment in 1987 (S.I.133) required all swill to be heat-treated and resulted in most small operators going out of business. Other EU directives led to the shutting down of thousands of slaughterhouses across Europe. Small producers like Hick who slaughtered at most 25 pigs a week in their family slaughterhouse, states that it was not any one rule but a series of them that forced them to close. It was not uncommon for three inspectors, a veterinarian, a meat inspector and a hygiene inspector, to supervise himself and his brother at work. Ed Hick describes the situation thus; “if we had taken them on in a game of football, we would have lost! We were seen as a huge waste of veterinary time and manpower”.Sausages and rashers have long been popular in Dublin and are the main ingredients in the city’s most famous dish “Dublin Coddle.” Coddle is similar to an Irish stew except that it uses pork rashers and sausage instead of lamb. It was, traditionally, a Saturday night dish when the men came home from the public houses. Terry Fagan has a book on Dublin Folklore called Monto: Murder, Madams and Black Coddle. The black coddle resulted from soot falling down the chimney into the cauldron. James Joyce describes Denny’s sausages with relish in Ulysses, and like many other Irish emigrants, he would welcome visitors from home only if they brought Irish sausages and Irish whiskey with them. Even today, every family has its favourite brand of sausages: Byrne’s, Olhausens, Granby’s, Hafner’s, Denny’s Gold Medal, Kearns and Superquinn are among the most popular. Ironically the same James Joyce, who put Dublin pork kidneys on the world table in Ulysses, was later to call his native Ireland “the old sow that eats her own farrow” (184-5).The last thirty years have seen a concerted effort to breed pigs that have less fat content and leaner meat. There are no pure breeds of Landrace or Large White in production today for they have been crossbred for litter size, fat content and leanness (Tuite). Many experts feel that they have become too lean, to the detriment of flavour and that the meat can tend to split when cooked. Pig production is now a complicated science and tighter margins have led to only large-scale operations being financially viable (Whittemore). The average size of herd has grown from 29 animals in 1973, to 846 animals in 1997, and the highest numbers are found in counties Cork and Cavan (Lafferty et al.). The main players in today’s pig production/processing are the large Irish Agribusiness Multinationals Glanbia, Kerry Foods and Dairygold. Tuite (2002) expressed worries among the industry that there may be no pig production in Ireland in twenty years time, with production moving to Eastern Europe where feed and labour are cheaper. When it comes to traceability, in the light of the Foot and Mouth, BSE and Dioxin scares, many feel that things were much better in the old days, when butchers like Ed Hick slaughtered animals that were reared locally and then sold them back to local consumers. Hick has recently killed pigs for friends who have begun keeping them for home consumption. This slaughtering remains legal as long as the meat is not offered for sale.Although bacon and cabbage, and the full Irish breakfast with rashers, sausages and puddings, are considered to be some of Ireland’s most well known traditional dishes, there has been a growth in modern interpretations of traditional pork and bacon dishes in the repertoires of the seemingly ever growing number of talented Irish chefs. Michael Clifford popularised Clonakilty Black Pudding as a starter in his Cork restaurant Clifford’s in the late 1980s, and its use has become widespread since, as a starter or main course often partnered with either caramelised apples or red onion marmalade. Crubeens (pigs trotters) have been modernised “a la Pierre Kaufman” by a number of Irish chefs, who bone them out and stuff them with sweetbreads. Kevin Thornton, the first Irish chef to be awarded two Michelin stars, has roasted suckling pig as one of his signature dishes. Richard Corrigan is keeping the Irish flag flying in London in his Michelin starred Soho restaurant, Lindsay House, where traditional pork and bacon dishes from his childhood are creatively re-interpreted with simplicity and taste.Pork, ham and bacon are, without doubt, the most traditional of all Irish foods, featuring in the diet since prehistoric times. Although these meats remain the most consumed per capita in post “Celtic Tiger” Ireland, there are a number of threats facing the country’s pig industry. Large-scale indoor production necessitates the use of antibiotics. European legislation and economic factors have contributed in the demise of the traditional art of pork butchery. Scientific advancements have resulted in leaner low-fat pigs, many argue, to the detriment of flavour. Alas, all is not lost. There is a growth in consumer demand for quality local food, and some producers like J. Hick & Sons, and Prue & David Rudd and Family are leading the way. The Rudds process and distribute branded antibiotic-free pig related products with the mission of “re-inventing the tastes of bygone days with the quality of modern day standards”. Few could argue with the late Irish writer John B. Keane (72): “When this kind of bacon is boiling with its old colleague, white cabbage, there is a gurgle from the pot that would tear the heart out of any hungry man”.ReferencesCowan, Cathal and Regina Sexton. Ireland's Traditional Foods: An Exploration of Irish Local & Typical Foods & Drinks. Dublin: Teagasc, 1997.C.S.O. Central Statistics Office. Figures on per capita meat consumption for 2009, 2010. Ireland. http://www.cso.ie.Fitzgerald, Oisin. "The Irish 'Greyhound' Pig: an extinct indigenous breed of Pig." History Ireland13.4 (2005): 20-23.Gantz, Jeffrey Early Irish Myths and Sagas. New York: Penguin, 1981.Harris, Marvin. "The Abominable Pig." Food and Culture: A Reader. Eds. Carole Counihan and Penny Van Esterik. New York: Routledge, 1997. 67-79.Hick, Edward. Personal Communication with master butcher Ed Hick. 15 Apr. 2002.Hick, Edward. Personal Communication concerning pig killing. 5 Sep. 2010.Jackson, K. H. Ed. Aislinge Meic Con Glinne, Dublin: Institute of Advanced Studies, 1990.Joyce, James. The Portrait of the Artist as a Young Man, London: Granada, 1977.Keane, John B. Strong Tea. Cork: Mercier Press, 1963.Kinsella, Thomas. The Táin. Oxford: Oxford University Press, 1970.Lafferty, S., Commins, P. and Walsh, J. A. Irish Agriculture in Transition: A Census Atlas of Agriculture in the Republic of Ireland. Dublin: Teagasc, 1999.Mac Con Iomaire, Liam. Ireland of the Proverb. Dublin: Town House, 1988.Mac Con Iomaire, Máirtín and Pádraic Óg Gallagher. "The Potato in Irish Cuisine and Culture."Journal of Culinary Science and Technology 7.2-3 (2009): 1-16.Mahon, Bríd. Land of Milk and Honey: The Story of Traditional Irish Food and Drink. Cork:Mercier, 1998.Meindertsma, Christien. PIG 05049 2007. 10 Aug. 2010 http://www.christienmeindertsma.com.Ó Conaill, Seán. Seán Ó Conaill's Book. Bailie Átha Cliath: Bhéaloideas Éireann, 1981.Sexton, Regina. A Little History of Irish Food. Dublin: Gill and Macmillan, 1998.Sharkey, Olive. Old Days Old Ways: An Illustrated Folk History of Ireland. Dublin: The O'Brien Press, 1985.S.I. 153, 1985 (Irish Legislation) http://www.irishstatutebook.ie/1985/en/si/0153.htmlS.I. 133, 1987 (Irish Legislation) http://www.irishstatuebook.ie/1987/en/si/0133.htmlTuite, Pat. Personal Communication with Pat Tuite, Chief Pig Advisor, Teagasc. 3 May 2002.Whittemore, Colin T. and Ilias Kyriazakis. Whitmore's Science and Practice of Pig Production 3rdEdition. Oxford: Wiley-Blackwell, 2006.

Photo by Ishan @seefromthesky on Unsplash ABSTRACT A strike to highlight the plight facing contract doctors which has been proposed has received mixed reactions from those within the profession and the public. This unprecedented nationwide proposal has the potential to cause real-world effects, posing an ethical dilemma. Although strikes are common, especially in high-income countries, these industrial actions by doctors in Malaysia are almost unheard of. Reviewing available evidence from various perspectives is therefore imperative to update the profession and the complexity of invoking this important human right. INTRODUCTION Contract doctors in Malaysia held a strike on July 26, 2021. COVID-19 cases are increasing in Malaysia. In June, daily cases ranged between 4,000 to 8,000 despite various public health measures. The R naught, which indicates the infectiousness of COVID-19, remains unchanged. During the pandemic, health care workers (HCWs) have been widely celebrated, resulting in a renewed appreciation of the risks that they face.[1] The pandemic has exposed flawed governance in the public healthcare system, particularly surrounding the employment of contract doctors. Contract doctors in Malaysia are doctors who have completed their medical training, as well as two years of internship, and have subsequently been appointed as medical officers for another two years. Contract doctors are not permanently appointed, and the system did not allow extensions after the two years nor does it offer any opportunity to specialize.[2] Last week, Parliament did decide to offer a two-year extension but that did not hold off the impending strike.[3] In 2016, the Ministry of Health introduced a contract system to place medical graduates in internship positions at government healthcare facilities across the country rather than placing them in permanent posts in the Public Service Department. Social media chronicles the issues that doctors in Malaysia faced. However, tensions culminated when and contract doctors called for a strike which ended up taking place in late July 2021. BACKGROUND Over the past decade, HCW strikes have arisen mostly over wages, work hours, and administrative and financial factors.[4] In 2012, the British Medical Association organized a single “day of action” by boycotting non-urgent care as a response to government pension reforms.[5] In Ireland, doctors went on strike for a day in 2013 to protest the austerity measures implemented by the EU in response to the global economic crisis. It involved a dispute over long working hours (100 hours per week) which violated EU employment laws and more importantly put patients’ lives at risk.[6] The strike resulted in the cancellation of 15,000 hospital appointments, but emergencies services were continued. Other major strikes have been organized in the UK to negotiate better pay for HCWs in general and junior doctors’ contracts specifically.[7] During the COVID-19 pandemic, various strikes have also been organized in Hong Kong, the US, and Bolivia due to various pitfalls in managing the pandemic.[8] A recent strike in August 2020 by South Korean junior doctors and medical students was organized to protest a proposed medical reform plan which did not address wage stagnation and unfair labor practices.[9] These demands are somewhat similar to the proposed strike by contract doctors in Malaysia. As each national health system operates within a different setting, these strikes should be examined in detail to understand the degree of self-interest involved versus concerns for patient’s welfare. l. The Malaysia Strike An anonymous group planned the current strike in Malaysia. The group used social media, garnering the attention of various key stakeholders including doctors, patients, government, and medical councils.[10] The organizers of the strike referred to their planned actions as a hartal. (Although historically a hartal involved a total shutdown of workplaces, offices, shops, and other establishments as a form of civil disobedience, the Malaysian contract doctors pledged no disturbance to healthcare working hours or services and intend a walk-out that is symbolic and reflective of a strike.)[11] The call to action mainly involved showing support for the contract doctors with pictures and placards. The doctors also planned the walk-out.[12] Despite earlier employment, contract medical doctors face many inequalities as opposed to their permanent colleagues. These include differences in basic salary, provisions of leave, and government loans despite doing the same job. The system disadvantages contract doctors offering little to no job security and limited career progression. Furthermore, reports in 2020 showed that close to 4,000 doctors’ contracts were expected to expire by May 2022, leaving their futures uncertain.[13] Some will likely be offered an additional two years as the government faces pressure from the workers. Between December 2016 and May 2021, a total of 23,077 contract doctors were reportedly appointed as medical officers, with only 789 receiving permanent positions.[14] It has been suggested that they are appointed into permanent positions based on merit but the criteria for the appointments remain unclear. Those who fail to acquire a permanent position inevitably seek employment elsewhere. During the COVID-19 pandemic, there have been numerous calls for the government to absorb contract doctors into the public service as permanent staff with normal benefits. This is important considering a Malaysian study that revealed that during the pandemic over 50 percent of medical personnel feel burned out while on duty.[15] This effort might be side-lined as the government prioritizes curbing the pandemic. As these issues remain neglected, the call for a strike should be viewed as a cry for help to reignite the discussions about these issues. ll. Right to strike The right to strike is recognized as a fundamental human right by the UN and the EU.[16] Most European countries also protect the right to strike in their national constitutions.[17] In the US, the Taft-Hartley Act in 1947 prohibited healthcare workers of non-profit hospitals to form unions and engage in collective bargaining. But this exclusion was repealed in 1947 and replaced with the requirement of a 10-day advanced written notice prior to any strike action.[18] Similarly, Malaysia also recognizes the right to dispute over labor matters, either on an individual or collective basis. The Industrial Relations Act (IRA) of 1967[19] describes a strike as: “the cessation of work by a body of workers acting in combination, or a concerted refusal or a refusal under a common understanding of a number of workers to continue to work or to accept employment, and includes any act or omission by a body of workers acting in combination or under a common understanding, which is intended to or does result in any limitation, restriction, reduction or cessation of or dilatoriness in the performance or execution of the whole or any part of the duties connected with their employment” According to the same act, only members of a registered trade union may legally participate in a strike with prior registration from the Director-General of Trade Unions.[20] Under Section 43 of the IRA, any strike by essential services (including healthcare) requires prior notice of 42 days to their employer.[21] Upon receiving the notice, the employer is responsible for reporting the particulars to the Director-General of Industrial Relations to allow a “cooling-off” period and appropriate action. Employees are also protected from termination if permitted by the Director-General and strike is legalized. The Malaysian contract healthcare workers’ strike was announced and transparent. Unfortunately, even after legalization, there is fear that the government may charge those participating in the legalized strike.[22] The police have announced they will pursue participants in the strike.[23] Even the Ministry of Health has issued a warning stating that those participating in the strike may face disciplinary actions from the ministry. However, applying these laws while ignoring the underlying issues may not bode well for the COVID-19 healthcare crisis. lll. Effects of a Strike on Health Care There is often an assumption that doctors’ strikes would unavoidably cause significant harm to patients. However, a systematic review examining several strikes involving physicians reported that patient mortality remained the same or fell during the industrial action.[24] A study after the 2012 British Medical Association strike has even shown that there were fewer in-hospital deaths on the day, both among elective and emergency populations, although neither difference was significant.[25] Similarly, a recent study in Kenya showed declines in facility-based mortality during strike months.[26] Other studies have shown no obvious changes in overall mortality during strikes by HCWs.[27] There is only one report of increased mortality associated with a strike in South Africa[28] in which all the doctors in the Limpopo province stopped providing any treatment to their patients for 20 consecutive days. During this time, only one hospital continued providing services to a population of 5.5 million people. Even though their data is incomplete, authors from this study found that the number of emergency room visits decreased during the strike, but the risks of mortality in the hospital for these patients increased by 67 percent.[29] However, the study compared the strike period to a randomly selected 20-day period in May rather than comparing an average of data taken from similar dates over previous years. This could greatly influence variations between expected annual hospital mortality possibly due to extremes in weather that may exacerbate pre-existing conditions such as heart failure during warmer months or selecting months with a higher incidence of viral illness such as influenza. Importantly, all strikes ensured that emergency services were continued, at least to the degree that is generally offered on weekends. Furthermore, many doctors still provide usual services to patients despite a proclaimed strike. For example, during the 2012 BMA strike, less than one-tenth of doctors were estimated to be participating in the strike.[30] Emergency care may even improve during strikes, especially those involving junior doctors who are replaced by more senior doctors.[31] The cancellation of elective surgeries may also increase the number of doctors available to treat emergency patients. Furthermore, the cancellation of elective surgery is likely to be responsible for transient decreases in mortality. Doctors also may get more rest during strike periods. Although doctor strikes do not seem to increase patient mortality, they can disrupt delivery of healthcare.[32] Disruptions in delivery of service from prolonged strikes can result in decline of in-patient admissions and outpatient service utilization, as suggested during strikes in the UK in 2016.[33] When emergency services were affected during the last strike in April, regular service was also significantly affected. Additionally, people might need to seek alternative sources of care from the private sector and face increased costs of care. HCWs themselves may feel guilty and demotivated because of the strikes. The public health system may also lose trust as a result of service disruption caused by high recurrence of strikes. During the COVID-19 pandemic, as the healthcare system remains stretched, the potential adverse effects resulting from doctor strikes remain uncertain and potentially disruptive. In the UK, it is an offence to “willfully and maliciously…endanger human life or cause serious bodily injury.”[34] Likewise, the General Medical Council (GMC) also requires doctors to ensure that patients are not harmed or put at risk by industrial action. In the US, the American Medical Association code of ethics prohibits strikes by physicians as a bargaining tactic, while allowing some other forms of collective bargaining.[35] However, the American College of Physicians prohibits all forms of work stoppages, even when undertaken for necessary changes to the healthcare system. Similarly, the Delhi Medical Council in India issued a statement that “under no circumstances doctors should resort to strike as the same puts patient care in serious jeopardy.”[36] On the other hand, the positions taken by the Malaysian Medical Council (MMC) and Malaysian Medical Association (MMA) on doctors’ strikes are less clear when compared to their Western counterparts. The MMC, in their recently updated Code of Professional Conduct 2019, states that “the public reputation of the medical profession requires that every member should observe proper standards of personal behavior, not only in his professional activities but at all times.” Strikes may lead to imprisonment and disciplinary actions by MMC for those involved. Similarly, the MMA Code of Medical Ethics published in 2002 states that doctors must “make sure that your personal beliefs do not prejudice your patients' care.”[37] The MMA which is traditionally meant to represent the voices of doctors in Malaysia, may hold a more moderate position on strikes. Although HCW strikes are not explicitly mentioned in either professional body’s code of conduct and ethics, the consensus is that doctors should not do anything that will harm patients and they must maintain the proper standard of behaviors. These statements seem too general and do not represent the complexity of why and how a strike could take place. Therefore, it has been suggested that doctors and medical organizations should develop a new consensus on issues pertaining to medical professional’s social contract with society while considering the need to uphold the integrity of the profession. Experts in law, ethics, and medicine have long debated whether and when HCW strikes can be justified. If a strike is not expected to result in patient harm it is perhaps acceptable.[38] Although these debates have centered on the potential risks that strikes carry for patients, these actions also pose risks for HCWs as they may damage morale and reputation.[39] Most fundamentally, strikes raise questions about what healthcare workers owe society and what society owes them. For strikes to be morally permissible and ethical, it is suggested that they must fulfil these three criteria:[40] a. Strikes should be proportionate, e., they ‘should not inflict disproportionate harm on patients’, and hospitals should as a minimum ‘continue to provide at least such critical services as emergency care.’ b. Strikes should have a reasonable hope of success, at least not totally futile however tough the political rhetoric is. c. Strikes should be treated as a last resort: ‘all less disruptive alternatives to a strike action must have been tried and failed’, including where appropriate ‘advocacy, dissent and even disobedience’. The current strike does not fulfil the criteria mentioned. As Malaysia is still burdened with a high number of COVID-19 cases, a considerable absence of doctors from work will disrupt health services across the country. Second, since the strike organizer is not unionized, it would be difficult to negotiate better terms of contract and career paths. Third, there are ongoing talks with MMA representing the fraternity and the current government, but the time is running out for the government to establish a proper long-term solution for these contract doctors. One may argue that since the doctors’ contracts will end in a few months with no proper pathways for specialization, now is the time to strike. However, the HCW right to strike should be invoked only legally and appropriately after all other options have failed. CONCLUSION The strike in Malaysia has begun since the drafting of this paper. Doctors involved assure that there will not be any risk to patients, arguing that the strike is “symbolic”.[41] Although an organized strike remains a legal form of industrial action, a strike by HCWs in Malaysia poses various unprecedented challenges and ethical dilemmas, especially during the pandemic. The anonymous and uncoordinated strike without support from the appropriate labor unions may only spark futile discussions without affirmative actions. It should not have taken a pandemic or a strike to force the government to confront the issues at hand. It is imperative that active measures be taken to urgently address the underlying issues relating to contract physicians. As COVID-19 continues to affect thousands of people, a prompt reassessment is warranted regarding the treatment of HCWs, and the value placed on health care. [1] Ministry of Health (MOH) Malaysia, “Current situation of COVID-19 in Malaysia.” http://covid-19.moh.gov.my/terkini (accessed Jul. 01, 2021). [2] “Future of 4,000 young doctors who are contract medical officers uncertain,” New Straits Times - November 26, 2020. https://www.nst.com.my/news/nation/2020/11/644563/future-4000-young-doctors-who-are-contract-medical-officers-uncertain [3] “Malaysia doctors strike, parliament meets as COVID strain shows,” Al Jazeera, July 26, 2021. https://www.aljazeera.com/news/2021/7/26/malaysia-doctors-strike-parliament-meets-as-covid-strains-grow [4] R. Essex and S. M. Weldon, “Health Care Worker Strikes and the Covid Pandemic,” N. Engl. J. Med., vol. 384, no. 24, p. e93, Jun. 2021, doi: 10.1056/NEJMp2103327; G. Russo et al., “Health workers’ strikes in low-income countries: the available evidence,” Bull. World Health Organ., vol. 97, no. 7, pp. 460-467H, Jul. 2019, doi: 10.2471/BLT.18.225755. [5] M. Ruiz, A. Bottle, and P. Aylin, “A retrospective study of the impact of the doctors’ strike in England on 21 June 2012,” J. R. Soc. Med., vol. 106, no. 9, pp. 362–369, 2013, doi: 10.1177/0141076813490685. [6] E. Quinn, “Irish Doctors Strike to Protest Work Hours Amid Austerity,” The Wall Street Journal, 2013. https://www.wsj.com/articles/no-headline-available-1381217911?tesla=y (accessed Jun. 29, 2021). [7] “NHS workers back strike action in pay row by 2-to-1 margin,” The Guardian, 2014. https://www.theguardian.com/society/2014/sep/18/nhs-workers-strike-pay-unison-england (accessed Jun. 29, 2021); M. Limb, “Thousands of junior doctors march against new contract,” BMJ, p. h5572, Oct. 2015, doi: 10.1136/bmj.h5572. [8] J. Parry, “China coronavirus: Hong Kong health staff strike to demand border closure as city records first death,” BMJ, vol. 368, no. February, p. m454, Feb. 2020, doi: 10.1136/bmj.m454; “MultiCare healthcare workers strike, urging need for more PPEs, staff support,” Q13 FOX, 2020. https://www.q13fox.com/news/health-care-workers-strike-urging-need-for-ppes-risks-on-patient-safety (accessed Jun. 29, 2021); “Bolivia healthcare workers launch strike in COVID-hit region,” Al Jazeera, 2021. https://www.aljazeera.com/news/2021/2/9/bolivia-healthcare-workers-strike-covid-hit-region (accessed Jun. 29, 2021). [9] K. Arin, “Why are Korean doctors striking?” The Korea Herald, 2020. http://www.koreaherald.com/view.php?ud=20200811000941 (accessed Jun. 29, 2021). [10] “Hartal Doktor Kontrak,” Facebook. https://www.facebook.com/hartaldoktorkontrak. [11] “Hartal,” Oxford Advanced Learner’s Dictionary. https://www.oxfordlearnersdictionaries.com/definition/english/hartal (accessed Jun. 29, 2021). [12] “Hartal Doktor Kontrak,” Facebook. https://www.facebook.com/hartaldoktorkontrak. [13] R. Anand, “Underpaid and overworked, Malaysia’s contract doctors’ revolt amid Covid-19 surge,” The Straits Times, 2021. [14] Anand. [15] N. S. Roslan, M. S. B. Yusoff, A. R. Asrenee, and K. Morgan, “Burnout prevalence and its associated factors among Malaysian healthcare workers during covid-19 pandemic: An embedded mixed-method study,” Healthc., vol. 9, no. 1, 2021, doi: 10.3390/healthcare9010090. [16] Maina Kiai, “Report by the Special Rapporteur on the Right to Freedom of Peaceful Assembly and Association,” 2016. [Online]. Available: http://freeassembly.net/wp-content/uploads/2016/10/A.71.385_E.pdf. [17] ETUI contributors, Strike rules in the EU27 and beyond. The European Trade Union Institute. ETUI, 2007. [18] National Labor Relations Board, National Labor Relations Act. 1935, pp. 151–169. [19] Ministry of Human Resources, Industrial Relations Act 1967 (Act 177), no. October. 2015, pp. 1–76. [20] Article 10 of the Federal Constitution states that all citizens have the right to form associations including registered trade or labor unions. A secret ballot with two-third majority will suffice to call for a strike required for submission to the DGTU within 7 days as stated in Section 25(A) of the Trade Union Act 1959. [21] Ministry of Human Resources Malaysia, Guidelines on Strikes, Pickets and Lockouts in Malaysia. Putrajaya, 2011. [22] Ordinance Emergency which was declared in Malaysia since 12 January 2021. Under the Ordinance Emergency, the king or authorized personnel may, as deemed necessary, demand any resources. [23] “Malaysia doctors strike, parliament meets as COVID strain shows,” Al Jazeera, July 26, 2021. https://www.aljazeera.com/news/2021/7/26/malaysia-doctors-strike-parliament-meets-as-covid-strains-grow [24] S. A. Cunningham, K. Mitchell, K. M. Venkat Narayan, and S. Yusuf, “Doctors’ strikes and mortality: A review,” Soc. Sci. Med., vol. 67, no. 11, pp. 1784–1788, Dec. 2008, doi: 10.1016/j.socscimed.2008.09.044. [25] M. Ruiz, A. Bottle, and P. Aylin, “A retrospective study of the impact of the doctors’ strike in England on 21 June 2012,” J. R. Soc. Med., vol. 106, no. 9, pp. 362–369, 2013, doi: 10.1177/0141076813490685. [26] G. K. Kaguthi, V. Nduba, and M. B. Adam, “The impact of the nurses’, doctors’ and clinical officer strikes on mortality in four health facilities in Kenya,” BMC Health Serv. Res., vol. 20, no. 1, p. 469, Dec. 2020, doi: 10.1186/s12913-020-05337-9. [27] G. Ong’ayo et al., “Effect of strikes by health workers on mortality between 2010 and 2016 in Kilifi, Kenya: a population-based cohort analysis,” Lancet Glob. Heal., vol. 7, no. 7, pp. e961–e967, Jul. 2019, doi: 10.1016/S2214-109X (19)30188-3. [28] M. M. Z. U. Bhuiyan and A. Machowski, “Impact of 20-day strike in Polokwane Hospital (18 August - 6 September 2010),” South African Med. J., vol. 102, no. 9, p. 755, Aug. 2012, doi: 10.7196/SAMJ.6045. [29] M. M. Z. U. Bhuiyan and A. Machowski, “Impact of 20-day strike in Polokwane Hospital (18 August - 6 September 2010),” South African Med. J., vol. 102, no. 9, p. 755, Aug. 2012, doi: 10.7196/SAMJ.6045. [30] M. Ruiz, A. Bottle, and P. Aylin, “A retrospective study of the impact of the doctors’ strike in England on 21 June 2012,” J. R. Soc. Med., vol. 106, no. 9, pp. 362–369, 2013, doi: 10.1177/0141076813490685. [31] D. Metcalfe, R. Chowdhury, and A. Salim, “What are the consequences when doctors strike?” BMJ, vol. 351, no. November, pp. 1–4, 2015, doi: 10.1136/bmj.h6231. [32] D. Waithaka et al., “Prolonged health worker strikes in Kenya- perspectives and experiences of frontline health managers and local communities in Kilifi County,” Int. J. Equity Health, vol. 19, no. 1, pp. 1–15, 2020, doi: 10.1186/s12939-020-1131-y. [33] The study has shown that there were 9.1% reduction in admissions and around 6% fewer emergency cases and outpatient appointments than expected. An additional 52% increase in expected outpatient appointments cancelations were made by hospitals during that period. D. Furnivall, A. Bottle, and P. Aylin, “Retrospective analysis of the national impact of industrial action by English junior doctors in 2016,” BMJ Open, vol. 8, no. 1, p. e019319, Jan. 2018, doi: 10.1136/bmjopen-2017-019319. [34] D. Metcalfe, R. Chowdhury, and A. Salim, “What are the consequences when doctors strike?” BMJ, vol. 351, no. November, pp. 1–4, 2015, doi: 10.1136/bmj.h6231. [35] R. Essex and S. M. Weldon, “Health Care Worker Strikes and the Covid Pandemic,” N. Engl. J. Med., vol. 384, no. 24, p. e93, Jun. 2021, doi: 10.1056/NEJMp2103327. [36] M. Selemogo, “Criteria for a just strike action by medical doctors,” Indian J. Med. Ethics, vol. 346, no. 21, pp. 1609–1615, Jan. 2014, doi: 10.20529/IJME.2014.010. [37] Malaysian Medical Association, “Malaysian Medical Association Official Website.” https://mma.org.my (accessed Jun. 29, 2021). [38] M. Toynbee, A. A. J. Al-Diwani, J. Clacey, and M. R. Broome, “Should junior doctors strike?” J. Med. Ethics, vol. 42, no. 3, pp. 167–170, Mar. 2016, doi: 10.1136/medethics-2015-103310. [39] R. Essex and S. M. Weldon, “Health Care Worker Strikes and the Covid Pandemic,” N. Engl. J. Med., vol. 384, no. 24, p. e93, Jun. 2021, doi: 10.1056/NEJMp2103327. [40] M. Selemogo, “Criteria for a just strike action by medical doctors,” Indian J. Med. Ethics, vol. 346, no. 21, pp. 1609–1615, Jan. 2014, doi: 10.20529/IJME.2014.010; A. J. Roberts, “A framework for assessing the ethics of doctors’ strikes,” J. Med. Ethics, vol. 42, no. 11, pp. 698–700, Nov. 2016, doi: 10.1136/medethics-2016-103395. [41] “Malaysia doctors strike, parliament meets as COVID strain shows,” Al Jazeera, July 26, 2021. https://www.aljazeera.com/news/2021/7/26/malaysia-doctors-strike-parliament-meets-as-covid-strains-grow