Artigos de revistas sobre o tema "American Bar Association. Judicial Division"

AbstractThis article documents the history of judicial professional associations (the Judges' Association of Serbia, Prosecutors' Association of Serbia, and Magistrates' Association of Serbia) in Serbia from their early development in the mid-1990s through the present day. With a close focus on the associations' relationship with USAID implementing partner American Bar Association/Central Europe and Eurasian Law Initiative (ABA/CEELI), the article identifies the challenges to establishing sustainable judicial professional associations. These challenges include a lack of secure funding, low organizational and administrative capacity, a high turnover rate of volunteers and employees, reliance on foreign-generated 'copy-and-paste' activities that do not take local needs into account, and uneasy relationships with the local and central governments. Successes of the fledgling judicial professional associations are also noted, including the implementation of continuing legal education (CLE) seminars.

Melinda Gann Hall’s new book Attacking Judges: How Campaign Advertising Influences State Supreme Court Elections suggests what seems impossible to many of us—a powerful defense of today’s partisan judicial elections. As judicial races hit new levels of campaign spending and television advertising, there has been a flood of criticism about the increasing partisanship, negativity, and role of money. In view of the “corrosive effect of money on judicial election campaigns” and “attack advertising,” the American Bar Association (ABA) recommends against judicial elections, which are currently used to select roughly 90 percent of state judges. Justice O’Connor, who has championed judicial-election reform since her retirement from the Supreme Court, warns that “there are many who think of judges as politicians in robes” and agrees “[i]n many states, that’s what they are.” Melinda Gann Hall, a political scientist and authority on judicial behavior, sets out in her book to challenge some of these claims.

Antitrust enforcement is entering a period of transition in the United States. The election of Barack Obama as President and his executive branch, regulatory, and judicial appointments will have important consequences for antitrust law and enforcement, although most observers believe that these changes will be relatively modest both substantively and in comparison to the matters of banking reform and economic stimulus. As part of that process of change, there has been no shortage of advice offered to first the Transition Team and now the Administration about how to handle competition policy going forward. Two of the more substantial efforts in this regard have come from well-established antitrust groups with very different perspectives and memberships. Both the Antitrust Section of the American Bar Association and the American Antitrust Institute have offered sophisticated lengthy public advice to the new Administration on how best to proceed in the competition law field. The reports are very different in nature and reflect the different nature of the institutions that prepared them. This essay takes a brief look at the transition reports offered by each organization and the vision they would offer for the new Administration.

Judge Marvin Frankel’s writings in the early 1970s inspired the creation of sentencing guidelines commissions and guidelines rules in twenty-two state and federal jurisdictions. By the late 1970s Frankel’s tentative proposals had been substantially filled out by other writers and reformers; the two most common guidelines models were adopted by Minnesota (1980) and Pennsylvania (1982). The federal guidelines (1987) have been justly criticized, but most state guidelines have been accepted by judges and other practitioners and observers. This sentencing reform model has also been endorsed by the American Bar Association and the American Law Institute. This essay tells the story of how Judge Frankel’s proposal evolved, where and how it was adopted, and how well it has stood the test of time. The essay concludes that Frankel’s critique of unregulated judicial and parole discretion was, and is, correct—such lawless, haphazard deprivation of offenders’ liberty and life chances is unacceptable in any legal system claiming to be governed by the rule of law. The essay further argues that well-developed guidelines, based on Frankel’s elaborated proposal and as implemented in several states, provide the best and indeed the only proven way to meaningfully address the problems of sentencing and parole disparity that Frankel so eloquently identified. But he would want and expect guideline systems to continue to evolve, thoughtfully and steadily coming closer to the shared goals of fair, balanced, and cost-effective punishment. The essay therefore proposes several further reforms, any of which would improve even the best state guideline systems.

The following article examines aspects of the United States Agency for International Collaboration (USAID) programs influence in the rule of law field, started in the USSR during the early 90s. USAID-funded Rule of Law implementers helped draft the Russian Constitution, Part I of the Russian Civil Code, and the Russian Tax Code. The American Bar Association of the USA took an active part in changing Russian legislation since 1992, which was also funded by the USAID. The Constitution of 1993 included a provision on the priority of international law over national legislation. This provision was also included in Article 1 of the Criminal Code and in Article 1 of the Russian Code of Criminal Procedure. The article also deals with an enshrined supremacy of the Constitution found in the US Constitution and that of the European countries. For example, if there is a conflict between constitutional provisions and an international treaty, priority is given to the Constitution. Not all states recognize certain norms and implement them, just as legal practice is not always identical. Attempts to introduce alien values, ideologies, cultures and traditions, all the more with the help of international law, pose a threat to the democratic foundations of the Constitution as a legal act that has the highest legal force in the legal system of the state. The author suggests that the text of the Constitution of the Russian Federation would see the provision removed, according to which international law forms an integral part of the legal system of the Russian Federation. Amendments to the Constitution of the Russian Federation will strengthen Russia’s independence in the sphere of law, bringing back the best traditions of the functioning state authorities and judicial bodies, which should correspond to the current development of Russian society. Keywords: international law, constitutional law, the rule of law, double standards, human rights.

Abstract Precision cancer therapy has the potential to revolutionize treatment outcome. While genomic analysis has become central to cancer personalized medicine, recent studies have not shown that it drastically improves the patient’s survival as compared to standard drug selection. Additionally, genomic mutations may suggest several treatment protocols without elucidating which approach will yield the best clinical response. To advance cancer precision guidance, we have developed cResponse, a combined genomic-functional drug sensitivity platform to determine individualized patient treatment regimens. Fresh patient cancer samples are taken by biopsy or resection and sectioned into 250uM slices which when cultured in cResponse platform demonstrate similar architecture and tissue proliferation to those found in vivo. An initial clinical study showed that cResponse can preserve human cancer tissue in 3D culture together with its microenvironment, including endothelial and immune cells, at a high viability (>90%) with continued cell division for more than 7 days. On a cohort of 34 patients treated with neoadjuvant therapy or systemic therapy for metastatic disease, the assay was able to predict patient response to drug treatment with a sensitivity of 96% and a specificity of 77.7%. To further validate the capacity of the cResponse platform to predict patient response to cancer therapy, a follow up pivotal clinical study was established at 7 major cancer centers located in the UK with the goal of recruiting a total of 170 patients to provide a large statistical validation of the previous results. Here we report on the outcome of the first 50 patients recruited to the pivotal trial and describe the predictive results correlated to patient response. Citation Format: Seth Salpeter, Vered Bar, Guy Neev, Adi Zundelevich, Gil Rosen, Sandra Hanks, Naoise Costelloe, Jonathan Krell, Ravid Straussman. A pivotal clinical trial of cResponse, a functional assay for cancer precision medicine. [abstract]. In: Proceedings of the American Association for Cancer Research Annual Meeting 2023; Part 1 (Regular and Invited Abstracts); 2023 Apr 14-19; Orlando, FL. Philadelphia (PA): AACR; Cancer Res 2023;83(7_Suppl):Abstract nr 4347.

Abstract Though widely used in studies of judicial politics, American Bar Association (ABA) ratings have a partisan bias. As a result, when researchers include ABA ratings and ideology in a model together, the results may be biased toward non-findings with respect to the effect of ideology, qualifications, or both. This study leverages new data on the ABA rating process to create a valid and reliable new measure for the qualifications of nominees to the US Courts of Appeals. In an empirical example, I test the new measure against alternative specifications to demonstrate its potential. The empirical example also presents a new data set on circuit court confirmation hearing speech. The findings contrast with well-established conclusions from previous studies.

As is well known, on May 10, 2013, at a session of the American Bar Association Tax Section meeting in Washington, DC, Lois Lerner, at the time the director of the Exempt Organization Division of the Internal Revenue Service, apologized for IRS mishandling of applications by Tea Party groups for exemption as social welfare groups under § 501(c)(4) of the Code. A few days later, the Department of the Treasury Inspector General released a report (TIGTA Report) concluding that the “IRS used inappropriate criteria that identified for review Tea Party and other organizations applying for tax-exempt status based upon their names or policy positions instead of indications of potential political campaign intervention

Recent work on the federal judicial nominations process finds relationships between nominees’ characteristics, such as partisanship and gender, and American Bar Association (ABA) ratings. While the findings inform public debate about ABA involvement in the nomination, the studies do not take into account the characteristics of the individuals who investigate the nominees. This study adds investigator partisanship to understand more completely the relationship between nominees and their ABA ratings. The results indicate that the Standing Committee on the Federal Judiciary (SCFJ) investigators’ partisanship contribute systematically to a nominee’s likelihood of receiving a higher or lower ABA rating. The probability that a Republican nominee receives the highest rating does not vary with the investigator’s partisanship. Democratic nominees, however, have the highest chance of the top rating after an SCFJ investigation led by a co-partisan. An analysis of matched data from the whole dataset reproduces the basic pattern of results, while the implementation of matching to partisan subgroups of nominees uncovers that both parties may benefit roughly equally from investigations led by co-partisans.

Neither mere flesh nor mere thing, the yellow woman, straddling the person-thing divide, applies tremendous pressures on politically treasured notions of agency, feminist enfleshment, and human ontology. — Anne Anlin Cheng, OrnamentalismIn this (apparently) very versatile piece of clothing, she [Michelle Zauner] smokes, sings karaoke, rides motorcycles, plays a killer guitar solo … and much more. Is there anything you can’t do in a hanbok?— Li-Wei Chu, commentary, From the Intercom IntroductionAnne Anlin Cheng describes the anomaly of being “the yellow woman”, women of Asian descent in Western contexts, by underlining the haunting effects of this artificial identity on multiple politically valent forms, especially through Asian women’s conceived ambivalent relations to subject- and object-hood. Due to the entangled constructiveness conjoining Asiatic identities with objects, things, and ornaments, Cheng calls for new ways to “accommodate the deeper, stranger, more intricate, and more ineffable (con)fusion between thingness and personness instantiated by Asiatic femininity and its unpredictable object life” (14). Following this call, this essay articulates a creative combination of José Esteban Muñoz’s disidentification and Avery Gordon’s haunting theory to account for some hauntingly disidentificatory ways that the performance of diaspora sensibilities reimagines Asian American life and femininity.This essay considers “Everybody Wants to Love You” (2016) (EWLY), the music video of Michelle Zauner’s solo musical project Japanese Breakfast, as a ghostly performance, which features a celebration of the Korean culture and identity of Zauner (Song). I analyse it as a site for identifying the confrontational moments and haunting effects of the diaspora sensibilities performed by Zauner who is in fact Jewish-Korean-American. Directed by Zauner and Adam Kolodny, the music video of EWLY features the persona that I call the Korean woman orchestrated by Zauner, singing in a restroom cubicle, eating a Dunkin Donuts sandwich, shotgunning a beer, shredding a Fender electric guitar on the hood of a truck, riding a motorcycle with her queer lover, and partying with a crowd all in the traditional Korean attire hanbok that used to belong to her late mother. The story ends with Zauner waking up on a bench with a hangover and fleeing from the scene, conjuring up a journey of self-discovery, self-healing, and self-liberation through multiple sites and scenes of everyday life.What I call a ghostly performance is concerned with Avery Gordon’s creative intervention of haunting as a method of social analysis to study the intricate lingering impact of ghostly matters from the past on the present. Jacques Derrida develops hauntology to describe how Marxism continues to haunt Western societies even after its so-called failure. It refers to a status that something is neither present nor absent. Gordon develops haunting as a way of knowing and a method of knowledge production, “forcing a confrontation, forking the future and the past” (xvii). A ghostly performance is thus where ghostly matters are mobilised in “confrontational moments”:when things are not in their assigned places, when the cracks and rigging are exposed, when the people who are meant to be invisible show up without any sign of leaving, when disturbed feelings cannot be put away, when something else, something different from before, seems like it must be done. (xvi)The interstitiality that transgresses and reconfigures the geographical and temporal borders of nation, culture, and Eurocentric discourses of progression is important for understanding the diverse experiences of diaspora sensibilities as critical double consciousness (Dayal 48, 53). As Gordon suggests, confrontational moments force us to confront and expose the interstitial state of objects, subjects, feelings, and conditions. Hence, to understand this study identifies the confrontational moments in Zauner’s performance as a method to identify and deconstruct the triggering moments of diaspora sensibilities.While deconstructing the ghostly performances of diaspora sensibilities, the essay also adopts an object-oriented approach to serve as a focused entry point. Not only does this approach designate a more focused scope with regard to applying Gordon’s hauntology and Muñoz’s disidentification theory, it also taps into a less attended territory of object theories such as Graham Harman’s and Ian Bogost’s object-oriented ontology due to the overlooking of the relationship between objects and racialisation that is much explored in Asian American and critical race and ethnic studies (Shomura). Moreover, while diaspora as, or not as, an object of study has been a contested topic (e.g., Axel; Cho), the objects of diaspora have been less studied.This essay elaborates on two ghostly matters: the hanbok and the manicured nails. It uncovers two haunting effects throughout the analysis: the conjuring-up of the Korean diaspora and the troubling of everyday post-racial America. By defying the objectification of Asian bodies with objects of diaspora and refusing to assimilate into the American nightlife, Zauner’s Korean woman persona haunts a multiculturalist post-racial America that fails to recognise the specificities and historicity of Korean America and performs an alternative reality. Disidentificatory ghostly performance therefore, I suggest, thrives on confrontations between the past and the present while gesturing toward the futurities of alternative Americas. Mobilising the critical lenses of disidentification and ghostly performance, finally, I aver that disidentificatory ghostly performances have great potential for envisioning a better politics of performing and representing Asian bodies through the ghostly play of haunting objects/ghostly matters.The Embodied (Objects) and the Disembodied (Ghosts) of DisidentificationThe sonic-visual lifeworld constructed in the music video of EWLY is, first of all, a cultural public sphere, through which social norms are contested, reimagined, and reconfigured. A cultural public sphere reveals the imbricated relations between the political, the public, and the personal as contested through affective (aesthetic and emotional) communications (McGuigan 15). Considering the sonic-visual landscape as a cultural public sphere foregrounds two dimensions of Gordon’s hauntology theory: the psychological and the sociopolitical states. The emphasis on its affective communicative capacities enables the psychological reach of a cultural production. Meanwhile, the multilayered articulation of the political, the public, and the personal shows the inner-network of acts of haunting even when they happen chiefly on the sociopolitical level. What is crucial about cultural public spheres for minoritarian subjects is the creative space offered for negotiating one’s position in capacious and flexible ways that non-cultural publics may not allow. One of the ways is through imagination and disputation (McGuigan 16). The idea that imagination and disputation may cause a temporal and spatial disjunction with the present is important for Muñoz’s theorisation of disidentification. With such disjunction, Muñoz believes, queer of colour performances create future-oriented visions and coterminous temporality of the present and the future. These future-oriented visions and the coterminous temporality can be thought through disidentifications, which Muñoz identifies asa performative mode of tactical recognition that various minoritarian subjects employ in an effort to resist the oppressive and normalizing discourse of dominant ideology. Disidentification resists the interpellating call of ideology that fixes a subject within the state power apparatus. It is a reformatting of self within the social. It is a third term that resists the binary of identification and counteridentification. (97)Disidentification offers a method to identify specific moments of imagination and disputation and moments of temporal and spatial disjunction. The most distinct example of the co-nature of imagination and disputation residing in the EWLY lifeworld is the persona of the Korean woman orchestrated by Zauner, as she intrudes into the everyday field of American life in a hanbok, such as a bar, a basketball court, and a convenience store. Gordon would call these moments “confrontational moments” (xvi). When performers don’t perform in ways they are supposed to perform, when they don’t operate objects in ways they are supposed to operate, when they don’t mobilise feelings in ways they are supposed to feel, they resist and disidentify with “the oppressive and normalizing discourse of dominant ideology” (Muñoz 97).In addition to Muñoz’s disidentification and Gordon’s confrontational moments, I adopt an object-oriented approach to guide my analysis of disidentificatory ghostly performances. Object theory departs from objects and matters to rediscover identity and experience. My object-oriented approach follows new materialism more closely than object-oriented ontology because it is less about debating the ontology of Asian American experiences through the lens of objects. Instead, it is more about how re-orienting our attention towards the formation and operation of objecthood reveals and reconfigures the vexed articulation between Asian American experiences and racialised objectification. To this end, my oriented-object approach aligns particularly well with politically engaged frameworks such as Jane Bennett’s vital materialism and Eunjung Kim’s ethics of objects.Taking an object-oriented approach in inquiring Asian American identities could be paradoxically intervening because “Asian Americans have been excluded, exploited, and treated as capital because they have been more closely associated to nonhuman objects than to human subjects” (Shomura). Furthermore, this objectification is doubly performed onto the bodies of Asian American women due to the Orientalist conflations of Asia as feminine (Huang 187). Therefore, applying object theory in the case of EWLY requires special attention to the interplay between subject- and object-hood and the line between objecthood and objectification. To avoid the risk of objectification when exploring the objecthood of ghostly matters, I caution against an objects-define-subjects chain of signification and instead suggest a subjects-operate-objects route of inquiry by attending to both the haunting effects of objects and how subjects mobilise such haunting effects in their performance. From a new materialist perspective, it is also important to disassociate problems of objectification from exploration of objecthood (Kim) while excavating the world-making abilities of objects (Bennett). For diasporic peoples, it means to see objects as affective and nostalgic vessels, such as toys, food, family photos, attire, and personal items (e.g., Oum), where traumas of displacement can be stored and rehearsed (Turan 54).What is revealing from a racialised subject-object relationship is what Christopher Bush calls “the ethnicity of things”: things can have ethnicity, an identification that hinges on the articulation that “thingliness can be constituted in ways analogous and related to structures of racialization” (85). This object-oriented approach to inquiry can expose the artificial nature of the affinity between Asian bodies and certain objects, behind which is a confession of naturalised racial order of signification. One way to disrupt this chain of signification is to excavate the haunting objects that disidentify with the norms of the present, that conjure up what the present wants to be done. This “something-to-be-done” characteristic is critical to acts of haunting (Gordon xvii). Such disruptive performances are what I term as “disidentificatory ghostly performances”, connecting the embodied objects with Gordon’s disembodied ghosts through the lens of Muñoz’s disidentificatory reading with a two-fold impact: first exposing such artificial affinity and then suggesting alternative ways of knowing.In what follows, I expand upon two haunting objects/ghostly matters: the manicured nails and the hanbok. I contend that Zauner operates these haunting objects to embody the “something-to-be-done” characteristic by curating uncomfortable, confrontational moments, where the constituted affinity between Koreanness/Asianness and anomaly is instantiated and unsettled in multiple snippets of the mundane post-racial, post-globalisation world.What Can the Korean Woman (Not) Do with Those Nails and in That Hanbok?The hanbok that Zauner wears throughout the music video might be the single most powerful haunting object in the story. This authentic hanbok belonged to Zauner’s late mother who wore it to her wedding. Dressing in the hanbok while navigating the nightlife, it becomes a mediated, trans-temporal experience for both Zauner and her mother. A ghostly journey, you could call it. The hanbok then becomes a ghostly matter that haunts both the Orientalist gaze and the grieving Zauner. This journey could be seen as a process of dealing with personal loss, a process of “reckoning with ghosts” (Gordon 190). The division between the personal and the public, the historical and the present cease to exist as linear and clear-cut forces. The important role of ghosts in the performance are the efforts of historicising and specifying the persona of the Korean woman, which is a strategy for minoritarian performers to resist “the pull of reductive multicultural pluralism” (Muñoz 147). These ghostly matters haunt a pluralist multiculturalist post-racial America that refuses to see minor specificities and historicity.The Korean woman in an authentic hanbok, coupled with other objects of Korean roots, such as a traditional hairdo and seemingly exotic makeup, may invite the Orientalist gaze or the assumption that Zauner is self-commodifying and self-fetishising Korean culture, risking what Cheng calls “Oriental female objectification” operating through “the lenses of commodity and sexual fetishism” (14). However, she “fails” to do any of these. The ways Zauner acts in the hanbok manifests a self-negotiation with her Korean identity through disidentificatory sensibilities with racial fetishism. For example, in various scenes, the Korean woman appears to be drunk in a bar, gorging a sandwich, shotgunning a beer, smoking in a restroom cubicle, messing with strangers in a basketball court, rocking on a truck, and falling asleep on a bench. Some may describe what she does as abnormal, discomforting, and even disgusting in a traditional Korean garment which is usually worn on formal occasions. The Korean woman not only subverts her traditional Koreanness but also disidentifies with what the Asian fetish requires of Asian bodies: obedient, well-behaved model minority or the hypersexualised dragon lady (e.g., Hsu; Shimizu). Zauner’s performance foregrounds the sentimental, the messy, the frenetic, the aggressive, and the carnivalesque as essential qualities and sensibilities of the Korean woman. These rarely visible figurations of Asian femininities speak to the normalised public disappearance of “unwanted” sides of Asian bodies.Wavering public disappearance is a crucial haunting effect. The public disappearance is an “organized system of repression” (Gordon 72) and a “state-sponsored procedure for producing ghosts to harrowingly haunt a population into submission” (115). While the journey of EWLY evolves through ups and downs, the Korean woman does not maintain the ephemeral joy and takes offence at the people and surroundings now and then, such as at an arcade in the bar, at some basketball players, or at the audience or the camera operator. The performed disaffection and the conflicts substantiate a theory of “positive perversity” through which Asian American women claim the representation of their sexuality and desires (Shimizu), engendering a strong and visible presence of the ghostly matters operated by the Korean woman. This noticeable arrival of bodies disorients how things are arranged (Ahmed 163), revealing and disrupting whiteness, which functions as a habit and a background to actions (149). The confrontational performances of the encounters between Zauner and others cast a critique of the racial politics of disappearing by reifying disappearing into confrontational moments in the everyday post-racial world.What is also integral to Zauner’s antagonistic performance of wavering public disappearing and failure of “Oriental female objectification” is a punk strategy of negativity through an aesthetic of nihilism and a mediation of performing objects. For example, in addition to the traditional hairdo that goes with her makeup, Zauner also wears a nose ring; in addition to partying with a crowd, she adopts a moshing style of dancing, being carried over people’s heads in the hanbok. All these, in addition to her disaffectionate, aggressive, and impolite body language, express a negative punk aesthetics. Muñoz describes such a negative punk aesthetics as an energy that can be described “as chaotic, as creating a life without rhyme or reason, as quintessentially self-destructive” (97). What lies at the heart of this punk dystopia is the desire for “something else”, something “not the present time or place” (Muñoz). Through this desire for impossible time and place, utopian is reimagined, a race riot, in Mimi Thi Nguyen’s term.On the other hand, the manicured fingernails are also a major operating force, reminiscent of Korean American immigrant history along with the racialised labor relations that have marked Korean bodies as an alien anomaly (Liu). With “Japanese Breakfast” being written on the screen in neon pink with some dazzling effect, the music video begins in a warm tone. The story begins with Zauner selecting EWLY with her finger on a karaoke operation screen, the first of many shots on her carefully manicured nails, decorated with transparent nail extensions, sparkly ornaments, and hanging fine chains. These nails conjure up the nail salon business in the US that heavily depended on immigrant labor and Korean women immigrants have made significant economic contributions through the manicure business. In particular, differently from Los Angeles where nail salons have been predominantly Vietnamese and Chinese owned, Korean women immigrants in the 1980s were the first ones to open nail salons in New York City and led to the rapid growth of the business (Kang 51). The manicured nails first of all conjure up these recent histories associated with the nail salon business.Moreover, these fingernails haunt post-racial and post-globalisation America by revealing and subverting the invisible, normalised racial and ethnic nature of the labor and objects associated with fingernails cosmetic treatment. Ghostly matters inform “a method of knowledge production and a way of writing that could represent the damage and the haunting of the historical alternatives” (Gordon xvii). They function as a reminder of the damage that seems forgotten or normalised in modern societies and as an alternative embodiment of what modern societies could have become. In the universe of EWLY, the fingernails become a forceful ghostly matter by reminding us of the damage done onto Korean bodies by fixing them as service performers instead customers. The nail salon business as performed by immigrant labor has been a business of “buying and selling of deference and attentiveness”, where white customers come to exercise their privilege while not wanting anything associated with Koreaness or Otherness (Kang 134). However, as a haunting force, the fingernails subvert such labor relations by acting as a versatile agent operating varied objects, such as a karaoke machine, cigarettes, a sandwich, a Fender guitar, and a can of beer. Through such operating, an alternative labor relation is formed. This alternative is not entirely without roots. As promoted in Japanese Breakfast’s Instagram (@jbrekkie), Zauner’s look was styled by a nail artist who appears to be a white female, Celeste Marie Welch from the DnA Salon based in Philadelphia. This is a snippet of a field that is now a glocalised industry, where the racial and gender makeup is more diverse. It is increasingly easier to see non-Asian and non-female nail salon workers, among whom white nail salon workers outnumbered any other non-Asian racial/ethnic groups (Preeti et al. 23). EWLY’s alternative worldmaking is not only a mere reflection of the changing makeup of an industry but also calling out the societal tendency of forgetting histories. To be haunted, as Gordon explains, is to be “tied to historical and social effects” (190). The ghostly matters of the manicure industry haunt its workers, artists, consumers, and businesspeople of a past that prescribes racialised labor divisions, consumption relations, and the historical and social effects inflicted on the Othered bodies. Performing with the manicured nails, Zauner challenges now supposedly multicultural manicure culture by fusing oppositional, trans-temporal identities into the persona of the Korean woman. Not only does she conjure up the racialised labor relations as the child of a Korean mother, she also disidentifies with the worker identity of early Korean women immigrants as a consumer who receives service from an artist who would otherwise never perform such labor in the past.Conclusion: Toward a Disidentificatory Ghostly PerformanceThis essay suggests seeing the disidentificatory ghostly performance of the Korean woman as an artistic incarnation of her lived Othering experience, which Zauner may or may not navigate on an everyday basis. As Zauner lives through what looks like a typical Friday night in an American town, the journey represents an interrogation of the present and the past. When the ghostly matters move through public spaces – when she drinks in a bar, walks down the street, and parties with a crowd – the Korean woman neither conforms to what she is expected to do in a hanbok nor does she get fully assimilated into this American nightlife.Derrida avers that haunting, repression, and hegemony are structurally interlocked and that “haunting belongs to the structure of every hegemony” because “hegemony still organizes the repression” (46). This is why the creative capacity of disidentificatory performances is crucial for acts of haunting and for historically repressed groups of people. Conjoining the future-oriented performative mode of disidentification and the forking of the past and the present by ghostly performances, disidentificatory ghostly performances enable not only people of colour but also particularly diasporic populations of colour to challenge racial chains of signification and orchestrate future-oriented visions, where time is of the most compassion, at its utmost capacity.ReferencesAhmed, Sara. “A Phenomenology of Whiteness.” Feminist Theory 8.2 (2007): 149–168.Axel, Brian Keith. “Time and Threat: Questioning the Production of the Diaspora as an Object of Study.” History and Anthropology 9.4 (1996): 415–443.Bennett, Jane. Vibrant Matter: A Political Ecology of Things. Durham: Duke UP, 2010.Bogost, Ian. Alien Phenomenology, or, What It’s Like to Be a Thing. Minneapolis: U of Minnesota P, 2012.Bush, Christopher. “The Ethnicity of Things in America’s Lacquered Age.” Representations 99.1 (2007): 74–98. Cheng, Anne Anlin. Ornamentalism. 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Introduction Since December 2010 the dramatic spectacle of the spread of mass uprisings, civil unrest, and protest across North Africa and the Middle East have been chronicled daily on mainstream media and new media. Broadly speaking, the Arab Spring—as it came to be known—is challenging repressive, corrupt governments and calling for democracy and human rights. The convulsive events linked with these debates have been striking not only because of the rapid spread of historically momentous mass protests but also because of the ways in which the media “have become inextricably infused inside them” enabling the global media ecology to perform “an integral part in building and mobilizing support, co-ordinating and defining the protests within different Arab societies as well as trans-nationalizing them” (Cottle 295). Images of mass protests have been juxtaposed against those of individuals prepared to self-destruct for political ends. Video clips and photographs of the individual suffering of Tunisian Mohamed Bouazizi’s self-immolation and the Bahraini Abdulhad al-Khawaja’s emaciated body foreground, in very graphic ways, political struggles that larger events would mask or render invisible. Highlighting broad commonalties does not assume uniformity in patterns of protest and media coverage across the region. There has been considerable variation in the global media coverage and nature of the protests in North Africa and the Middle East (Cottle). In Tunisia, Egypt, Libya, and Yemen uprisings overthrew regimes and leaders. In Syria it has led the country to the brink of civil war. In Bahrain, the regime and its militia violently suppressed peaceful protests. As a wave of protests spread across the Middle East and one government after another toppled in front of 24/7 global media coverage, Bahrain became the “Arab revolution that was abandoned by the Arabs, forsaken by the West … forgotten by the world,” and largely ignored by the global media (Al-Jazeera English). Per capita the protests have been among the largest of the Arab Spring (Human Rights First) and the crackdown as brutal as elsewhere. International organizations have condemned the use of military courts to trial protestors, the detaining of medical staff who had treated the injured, and the use of torture, including the torture of children (Fisher). Bahraini and international human rights organizations have been systematically chronicling these violations of human rights, and posting on Websites distressing images of tortured bodies often with warnings about the graphic depictions viewers are about to see. It was in this context of brutal suppression, global media silence, and the reluctance of the international community to intervene, that the Bahraini-Danish human rights activist Abdulhad al-Khawaja launched his “death or freedom” hunger strike. Even this radical action initially failed to interest international editors who were more focused on Egypt, Libya, and Syria, but media attention rose in response to the Bahrain Formula 1 race in April 2012. Pro-democracy activists pledged “days of rage” to coincide with the race in order to highlight continuing human rights abuses in the kingdom (Turner). As Al Khawaja’s health deteriorated the Bahraini government resisted calls for his release (Article 19) from the Danish government who requested that Al Khawaja be extradited there on “humanitarian grounds” for hospital treatment (Fisk). This article does not explore the geo-politics of the Bahraini struggle or the possible reasons why the international community—in contrast to Syria and Egypt—has been largely silent and reluctant to debate the issues. Important as they are, those remain questions for Middle Eastern specialists to address. In this article I am concerned with the overlapping and interpenetration of two ecologies. The first ecology is the ethical framing of a prison hunger strike as a corporeal-environmental act of (self) destruction intended to achieve political ends. The second ecology is the operation of global media where international inaction inadvertently foregrounds the political struggles that larger events and discourses surrounding Egypt, Libya, and Syria overshadow. What connects these two ecologies is the body of the hunger striker, turned into a spectacle and mediated via a politics of affect that invites a global public to empathise and so enter into his suffering. The connection between the two lies in the emaciated body of the hunger striker. An Ecological Humanities Approach This exploration of two ecologies draws on the ecological humanities and its central premise of connectivity. The ecological humanities critique the traditional binaries in Western thinking between nature and culture; the political and social; them and us; the collective and the individual; mind, body and emotion (Rose & Robin, Rieber). Such binaries create artificial hierarchies, divisions, and conflicts that ultimately impede the ability to respond to crises. Crises are major changes that are “out of control” driven—primarily but not exclusively—by social, political, and cultural forces that unleash “runaway systems with their own dynamics” (Rose & Robin 1). The ecological humanities response to crises is premised on the recognition of the all-inclusive connectivity of organisms, systems, and environments and an ethical commitment to action from within this entanglement. A founding premise of connectivity, first articulated by anthropologist and philosopher Gregory Bateson, is that the “unit of survival is not the individual or the species, but the organism-and-its-environment” (Rose & Robin 2). This highlights a dialectic in which an organism is shaped by and shapes the context in which it finds itself. Or, as Harries-Jones puts it, relations are recursive as “events continually enter into, become entangled with, and then re-enter the universe they describe” (3). This ensures constantly evolving ecosystems but it also means any organism that “deteriorates its environment commits suicide” (Rose & Robin 2) with implications for the others in the eco-system. Bateson’s central premise is that organisms are simultaneously independent, as separate beings, but also interdependent. Interactions are not seen purely as exchanges but as dynamic, dialectical, dialogical, and mutually constitutive. Thus, it is presumed that the destruction or protection of others has consequences for oneself. Another dimension of interactions is multi-modality, which implies that human communication cannot be reduced to a single mode such as words, actions, or images but needs to be understood in the complexity of inter-relations between these (see Rieber 16). Nor can dissemination be reduced to a single technological platform whether this is print, television, Internet, or other media (see Cottle). The final point is that interactions are “biologically grounded but not determined” in that the “cognitive, emotional and volitional processes” underpinning face-to-face or mediated communication are “essentially indivisible” and any attempt to separate them by privileging emotion at the expense of thought, or vice versa, is likely to be unhealthy (Rieber 17). This is most graphically demonstrated in a politically-motivated hunger strike where emotion and volition over-rides the survivalist instinct. The Ecology of a Prison Hunger Strike The radical nature of a hunger strike inevitably gives rise to medico-ethical debates. Hunger strikes entail the voluntary refusal of sustenance by an individual and, when prolonged, such deprivation sets off a chain reaction as the less important components in the internal body systems shut down to protect the brain until even that can no longer be protected (see Basoglu et al). This extreme form of protest—essentially an act of self-destruction—raises ethical issues over whether or not doctors or the state should intervene to save a life for humanitarian or political reasons. In 1975 and 1991, the World Medical Association (WMA) sought to negotiate this by distinguishing between, on the one hand, the mentally/psychological impaired individual who chooses a “voluntary fast” and, on the other hand, the hunger striker who chooses a form of protest action to secure an explicit political goal fully aware of fatal consequences of prolonged action (see Annas, Reyes). This binary enables the WMA to label the action of the mentally impaired suicide while claiming that to do so for political protesters would be a “misconception” because the “striker … does not want to die” but to “live better” by obtaining certain political goals for himself, his group or his country. “If necessary he is willing to sacrifice his life for his case, but the aim is certainly not suicide” (Reyes 11). In practice, the boundaries between suicide and political protest are likely to be much more blurred than this but the medico-ethical binary is important because it informs discourses about what form of intervention is ethically appropriate. In the case of the “suicidal” the WMA legitimises force-feeding by a doctor as a life-saving act. In the case of the political protestor, it is de-legitimised in discourses of an infringement of freedom of expression and an act of torture because of the pain involved (see Annas, Reyes). Philosopher Michel Foucault argued that prison is a key site where the embodied subject is explicitly governed and where the exercising of state power in the act of incarceration means the body of the imprisoned no longer solely belongs to the individual. It is also where the “body’s range of significations” is curtailed, “shaped and invested by the very forces that detain and imprison it” (Pugliese 2). Thus, prison creates the circumstances in which the incarcerated is denied the “usual forms of protest and judicial safeguards” available outside its confines. The consequence is that when presented with conditions that violate core beliefs he/she may view acts of self-destruction—such as hunger strikes or lip sewing—as one of the few “means of protesting against, or demanding attention” or achieving political ends still available to them (Reyes 11; Pugliese). The hunger strike implicates the state, which, in the act of imprisoning, has assumed a measure of power and responsibility for the body of the individual. If a protest action is labelled suicidal by medical professionals—for instance at Guantanamo—then the force-feeding of prisoners can be legitimised within the WMA guidelines (Annas). There is considerable political temptation to do so particularly when the hunger striker has become an icon of resistance to the state, the knowledge of his/her action has transcended prison confines, and the alienating conditions that prompted the action are being widely debated in the media. This poses a two-fold danger for the state. On the one hand, there is the possibility that the slow emaciation and death while imprisoned, if covered by the media, may become a spectacle able to mobilise further resistance that can destabilise the polity. On the other hand, there is the fear that in the act of dying, and the spectacle surrounding death, the hunger striker would have secured the public attention to the very cause they are championing. Central to this is whether or not the act of self-destruction is mediated. It is far from inevitable that the media will cover a hunger strike or do so in ways that enable the hunger striker’s appeal to the emotions of others. However, when it does, the international scrutiny and condemnation that follows may undermine the credibility of the state—as happened with the death of the IRA member Bobby Sands in Northern Ireland (Russell). The Media Ecology and the Bahrain Arab Spring The IRA’s use of an “ancient tactic ... to make a blunt appeal to sympathy and emotion” in the form of the Sands hunger strike was seen as “spectacularly successful in gaining worldwide publicity” (Willis 1). Media ecology has evolved dramatically since then. Over the past 20 years communication flows between the local and the global, traditional media formations (broadcast and print), and new communication media (Internet and mobile phones) have escalated. The interactions of the traditional media have historically shaped and been shaped by more “top-down” “politics of representation” in which the primary relationship is between journalists and competing public relations professionals servicing rival politicians, business or NGOs desire for media attention and framing issues in a way that is favourable or sympathetic to their cause. However, rapidly evolving new media platforms offer bottom up, user-generated content, a politics of connectivity, and mobilization of ordinary people (Cottle 31). However, this distinction has increasingly been seen as offering too rigid a binary to capture the complexity of the interactions between traditional and new media as well as the events they capture. The evolution of both meant their content increasingly overlaps and interpenetrates (see Bennett). New media technologies “add new communicative ingredients into the media ecology mix” (Cottle 31) as well as new forms of political protests and new ways of mobilizing dispersed networks of activists (Juris). Despite their pervasiveness, new media technologies are “unlikely to displace the necessity for coverage in mainstream media”; a feature noted by activist groups who have evolved their own “carnivalesque” tactics (Cottle 32) capable of creating the spectacle that meets television demands for action-driven visuals (Juris). New media provide these groups with the tools to publicise their actions pre- and post-event thereby increasing the possibility that mainstream media might cover their protests. However there is no guarantee that traditional and new media content will overlap and interpenetrate as initial coverage of the Bahrain Arab Spring highlights. Peaceful protests began in February 2011 but were violently quelled often by Saudi, Qatari and UAE militia on behalf of the Bahraini government. Mass arrests were made including that of children and medical personnel who had treated those wounded during the suppression of the protests. What followed were a long series of detentions without trial, military court rulings on civilians, and frequent use of torture in prisons (Human Rights Watch 2012). By the end of 2011, the country had the highest number of political prisoners per capita of any country in the world (Amiri) but received little coverage in the US. The Libyan uprising was afforded the most broadcast time (700 minutes) followed by Egypt (500 minutes), Syria (143), and Bahrain (34) (Lobe). Year-end round-ups of the Arab Spring on the American Broadcasting Corporation ignored Bahrain altogether or mentioned it once in a 21-page feature (Cavell). This was not due to a lack of information because a steady stream has flowed from mobile phones, Internet sites and Twitter as NGOs—Bahraini and international—chronicled in images and first-hand accounts the abuses. However, little of this coverage was picked up by the US-dominated global media. It was in this context that the Bahraini-Danish human rights activist Abdulhad Al Khawaja launched his “freedom or death” hunger strike in protest against the violent suppression of peaceful demonstrations, the treatment of prisoners, and the conduct of the trials. Even this radical action failed to persuade international editors to cover the Bahrain Arab Spring or Al Khawaja’s deteriorating health despite being “one of the most important stories to emerge over the Arab Spring” (Nallu). This began to change in April 2012 as a number of things converged. Formula 1 pressed ahead with the Bahrain Grand Prix, and pro-democracy activists pledged “days of rage” over human rights abuses. As these were violently suppressed, editors on global news desks increasingly questioned the government and Formula 1 “spin” that all was well in the kingdom (see BBC; Turner). Claims by the drivers—many of who were sponsored by the Bahraini government—that this was a sports event, not a political one, were met with derision and journalists more familiar with interviewing superstars were diverted into covering protests because their political counterparts had been denied entry to the country (Fisk). This combination of media events and responses created the attention, interest, and space in which Al Khawaja’s deteriorating condition could become a media spectacle. The Mediated Spectacle of Al Khawaja’s Hunger Strike Journalists who had previously struggled to interest editors in Bahrain and Al Khawaja’s plight found that in the weeks leading up to the Grand Prix and since “his condition rapidly deteriorated”’ and there were “daily updates with stories from CNN to the Hindustan Times” (Nulla). Much of this mainstream news was derived from interviews and tweets from Al Khawaja’s family after each visit or phone call. What emerged was an unprecedented composite—a diary of witnesses to a hunger strike interspersed with the family’s struggles with the authorities to get access to him and their almost tangible fear that the Bahraini government would not relent and he would die. As these fears intensified 48 human rights NGOs called for his release from prison (Article 19) and the Danish government formally requested his extradition for hospital treatment on “humanitarian grounds”. Both were rejected. As if to provide evidence of Al Khawaja’s tenuous hold on life, his family released an image of his emaciated body onto Twitter. This graphic depiction of the corporeal-environmental act of (self) destruction was re-tweeted and posted on countless NGO and news Websites (see Al-Jazeera). It was also juxtaposed against images of multi-million dollar cars circling a race-track, funded by similarly large advertising deals and watched by millions of people around the world on satellite channels. Spectator sport had become a grotesque parody of one man’s struggle to speak of what was going on in Bahrain. In an attempt to silence the criticism the Bahraini government imposed a de facto news blackout denying all access to Al Khawaja in hospital where he had been sent after collapsing. The family’s tweets while he was held incommunicado speak of their raw pain, their desperation to find out if he was still alive, and their grief. They also provided a new source of information, and the refrain “where is alkhawaja,” reverberated on Twitter and in global news outlets (see for instance Der Spiegel, Al-Jazeera). In the days immediately after the race the Danish prime minister called for the release of Al Khawaja, saying he is in a “very critical condition” (Guardian), as did the UN’s Ban-Ki Moon (UN News and Media). The silencing of Al Khawaja had become a discourse of callousness and as global media pressure built Bahraini ministers felt compelled to challenge this on non-Arabic media, claiming Al Khawaja was “eating” and “well”. The Bahraini Prime Minister gave one of his first interviews to the Western media in years in which he denied “AlKhawaja’s health is ‘as bad’ as you say. According to the doctors attending to him on a daily basis, he takes liquids” (Der Spiegel Online). Then, after six days of silence, the family was allowed to visit. They tweeted that while incommunicado he had been restrained and force-fed against his will (Almousawi), a statement almost immediately denied by the military hospital (Lebanon Now). The discourses of silence and callousness were replaced with discourses of “torture” through force-feeding. A month later Al Khawaja’s wife announced he was ending his hunger strike because he was being force-fed by two doctors at the prison, family and friends had urged him to eat again, and he felt the strike had achieved its goal of drawing the world’s attention to Bahrain government’s response to pro-democracy protests (Ahlul Bayt News Agency). Conclusion This article has sought to explore two ecologies. The first is of medico-ethical discourses which construct a prison hunger strike as a corporeal-environmental act of (self) destruction to achieve particular political ends. The second is of shifting engagement within media ecology and the struggle to facilitate interpenetration of content and discourses between mainstream news formations and new media flows of information. I have argued that what connects the two is the body of the hunger striker turned into a spectacle, mediated via a politics of affect which invites empathy and anger to mobilise behind the cause of the hunger striker. The body of the hunger striker is thereby (re)produced as a feature of the twin ecologies of the media environment and the self-environment relationship. References Ahlul Bayt News Agency. “Bahrain: Abdulhadi Alkhawaja’s Statement about Ending his Hunger Strike.” (29 May 2012). 1 June 2012 ‹http://abna.ir/data.asp?lang=3&id=318439›. Al-Akhbar. “Family Concerned Al-Khawaja May Be Being Force Fed.” Al-Akhbar English. (27 April 2012). 1 June 2012 ‹http://english.al-akhbar.com/content/family-concerned-al-khawaja-may-be-being-force-fed›. 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IntroductionAccounts of criminals, their victims, and their pursuers have become entrenched within the sphere of popular culture; most obviously in the genres of true crime and crime fiction. The centrality of the pursuer in the form of the detective, within these stories, dates back to the nineteenth century. This, often highly-stylised and regularly humanised protagonist, is now a firm feature of both factual and fictional accounts of crime narratives that, today, regularly focus on the energies of the detective in solving a variety of cases. So familiar is the figure of the detective, it seems that these men and women—amateurs and professionals—have always had an important role to play in the pursuit and punishment of the wrongdoer. Yet, the first detectives were forced to overcome significant resistance from a suspicious public. Some early efforts to reimagine punishment and to laud the detective include articles written by Charles Dickens; pieces on public hangings and policing that reflect the great Victorian novelist’s commitment to shed light on, through written commentaries, a range of important social issues. This article explores some of Dickens’s lesser-known pieces, that—appearing in daily newspapers and in one of his own publications Household Words—helped to change some common perceptions of punishment and policing. Image 1: Harper's Magazine 7 December 1867 (Charles Dickens Reading, by Charles A. Barry). Image credit: United States Library of Congress Prints and Photographs Division. A Reliance on the Scaffold: Early Law Enforcement in EnglandCrime control in 1720s England was dependent upon an inconsistent, and by extension ineffective, network of constables and night watchmen. It would be almost another three decades before Henry Fielding established the Bow Street Foot Patrol, or Bow Street Runners, in 1749, “six men in blue coats, patrolling the area within six miles of Charing Cross” (Worsley 35). A large-scale, formalised police force was attempted by Pitt the Younger in 1785 with his “Bill for the Further prevention of Crime and for the more Speedy Detection and Punishment of Offenders against the Peace” (Lyman 144). The proposed legislation was withdrawn due to fierce opposition that was underpinned by fears, held by officials, of a divestment of power to a new body of law enforcers (Lyman 144).The type of force offered in 1785 would not be realised until the next century, when the work of Robert Peel saw the passing of the Metropolitan Police Act 1829. The Police Act, which “constituted a revolution in traditional methods of law enforcement” (Lyman 141), was focused on the prevention of crime, “to reassure the lawful and discourage the wrongdoer” (Hitchens 51). Until these changes were implemented violent punishment, through the Waltham Black Act 1723, remained firmly in place (Cruickshanks and Erskine-Hill 359) as part of the state’s arsenal against crime (Pepper 473).The Black Act, legislation often referred to as the ‘Bloody Code’ as it took the number of capital felonies to over 350 (Pepper 473), served in lieu of consistency and cooperation, across the country, in relation to the safekeeping of the citizenry. This situation inevitably led to anxieties about crime and crime control. In 1797 Patrick Colquhoun, a magistrate, published A Treatise on the Police of the Metropolis in which he estimated that, out of a city population of just under 1 million, 115,000 men and women supported themselves “in and near the Metropolis by pursuits either criminal-illegal-or immoral” (Lyman 144). Andrew Pepper highlights tensions between “crime, governance and economics” as well as “rampant petty criminality [… and] widespread political corruption” (474). He also notes a range of critical responses to crime and how, “a particular kind of writing about crime in the 1720s demonstrated, perhaps for the first time, an awareness of, or self-consciousness about, this tension between competing visions of the state and state power” (Pepper 474), a tension that remains visible today in modern works of true crime and crime fiction. In Dickens’s day, crime and its consequences were serious legal, moral, and social issues (as, indeed, they are today). An increase in the crime rate, an aggressive state, the lack of formal policing, the growth of the printing industry, and writers offering diverse opinions—from the sympathetic to the retributive—on crime changed crime writing. The public wanted to know about the criminal who had disturbed society and wanted to engage with opinions on how the criminal should be stopped and punished. The public also wanted to be updated on changes to the judicial system such as the passing of the Judgement of Death Act 1823 which drastically reduced the number of capital crimes (Worsley 122) and how the Gaols Act, also of 1823, “moved tentatively towards national prison reform” (Gattrell 579). Crimes continued to be committed and alongside the wrongdoers were readers that wanted to be diverted from everyday events by, but also had a genuine need to be informed about, crime. A demand for true crime tales demonstrating a broader social need for crimes, even the most minor infractions, to be publicly punished: first on the scaffold and then in print. Some cases were presented as sensationalised true crime tales; others would be fictionalised in short stories and novels. Standing Witness: Dickens at the ScaffoldIt is interesting to note that Dickens witnessed at least four executions in his lifetime (Simpson 126). The first was the hanging of a counterfeiter, more specifically a coiner, which in the 1800s was still a form of high treason. The last person executed for coining in England was in early 1829; as Dickens arrived in London at the end of 1822, aged just 10-years-old (Simpson 126-27) he would have been a boy when he joined the crowds around the scaffold. Many journalists and writers who have documented executions have been “criticised for using this spectacle as a source for generating sensational copy” (Simpson 127). Dickens also wrote about public hangings. His most significant commentaries on the issue being two sets of letters: one set published in The Daily News (1846) and a second set published in The Times (1849) (Brandwood 3). Yet, he was immune from the criticism directed at so many other writers, in large part, due to his reputation as a liberal, “social reformer moved by compassion, but also by an antipathy toward waste, bureaucratic incompetence, and above all toward exploitation and injustice” (Simpson 127). As Anthony Simpson points out, Dickens did not sympathise with the condemned: “He wrote as a realist and not a moralist and his lack of sympathy for the criminal was clear, explicit and stated often” (128). Simpson also notes that Dickens’s letters on execution written in 1846 were “strongly supportive of total abolition” while later letters, written in 1849, presented arguments against public executions rather than the practice of execution. In 1859 Dickens argued against pardoning a poisoner. While in 1864 he supported the execution of the railway carriage murderer Franz Müller, explaining he would be glad to abolish both public executions and capital punishment, “if I knew what to do with the Savages of civilisation. As I do not, I would rid Society of them, when they shed blood, in a very solemn manner” (in Simpson 138-39) that is, executions should proceed but should take place in private.Importantly, Dickens was consistently concerned about society’s fascination with the scaffold. In his second letter to The Daily News, Dickens asks: round what other punishment does the like interest gather? We read of the trials of persons who have rendered themselves liable to transportation for life, and we read of their sentences, and, in some few notorious instances, of their departure from this country, and arrival beyond the sea; but they are never followed into their cells, and tracked from day to day, and night to night; they are never reproduced in their false letters, flippant conversations, theological disquisitions with visitors, lay and clerical […]. They are tried, found guilty, punished; and there an end. (“To the Editors of The Daily News” 6)In this passage, Dickens describes an overt curiosity with those criminals destined for the most awful of punishments. A curiosity that was put on vile display when a mob gathered on the concourse to watch a hanging; a sight which Dickens readily admitted “made [his] blood run cold” (“Letter to the Editor” 4).Dickens’s novels are grand stories, many of which feature criminals and criminal sub-plots. There are, for example, numerous criminals, including the infamous Fagin in Oliver Twist; or, The Parish Boy’s Progress (1838); several rioters are condemned to hang in Barnaby Rudge: A Tale of the Riots of Eighty (1841); there is murder in The Life and Adventures of Martin Chuzzlewit (1844); and murder, too, in Bleak House (1853). Yet, Dickens never wavered in his revulsion for the public display of the execution as revealed in his “refusal to portray the scene at the scaffold [which] was principled and heartfelt. He came, reluctantly to support capital punishment, but he would never use its application for dramatic effect” (Simpson 141).The Police Detective: A Public Relations ExerciseBy the mid-1700s the crime story was one of “sin to crime and then the gallows” (Rawlings online): “Crimes of every defcription (sic) have their origin in the vicious and immoral habits of the people” (Colquhoun 32). As Philip Rawlings notes, “once sin had been embarked upon, capture and punishment followed” (online). The origins of this can be found in the formula relied upon by Samuel Smith in the seventeenth century. Smith was the Ordinary of Newgate, or prison chaplain (1676–1698), who published Accounts of criminals and their gruesome ends. The outputs swelled the ranks of the already burgeoning market of broadsides, handbills and pamphlets. Accounts included: 1) the sermon delivered as the prisoner awaited execution; 2) a brief overview of the crimes for which the prisoner was being punished; and 3) a reporting of the events that surrounded the execution (Gladfelder 52–53), including the prisoner’s behaviour upon the scaffold and any last words spoken. For modern readers, the detective and the investigation is conspicuously absent. These popular Accounts (1676–1772)—over 400 editions offering over 2,500 criminal biographies—were only a few pence a copy. With print runs in the thousands, the Ordinary earnt up to £200 per year for his efforts (Emsley, Hitchcock, and Shoemaker online). For:penitence and profit made comfortable bedfellows, ensuring true crime writing became a firm feature of the business of publishing. That victims and villains suffered was regrettable but no horror was so terrible anyone forgot there was money to be made. (Franks, “Stealing Stories” 7)As the changes brought about by the Industrial Revolution were having their full impact, many were looking for answers, and certainty, in a period of radical social transformation. Sin as a central motif in crime stories was insufficient: the detective was becoming essential (Franks, “True Crime” 239). “In the nineteenth century, the role of the newly-fashioned detective as an agent of consolation or security is both commercially and ideologically central to the subsequent project of popular crime writing” (Bell 8). This was supported by an “increasing professionalism and proficiency of policemen, detectives, and prosecutors, new understandings about psychology, and advances in forensic science and detection techniques” (Murley 10). Elements now included in most crime narratives. Dickens insisted that the detective was a crucial component of the justice system—a figure to be celebrated, one to take centre stage in the crime story—reflecting his staunch support “of the London Metropolitan Police” (Simpson 140). Indeed, while Dickens is known principally for exposing wretched poverty, he was also interested in a range of legal issues as can be evinced from his writings for Household Words. Image 2: Household Words 27 July 1850 (Front Page). Image credit: Dickens Journals Online. W.H. Wills argued for the acceptance of the superiority of the detective when, in 1850, he outlined the “difference between a regular and a detective policeman” (368). The detective must, he wrote: “counteract every sort of rascal whose only means of existence it avowed rascality, but to clear up mysteries, the investigation of which demands the utmost delicacy and tact” (368). The detective is also extraordinarily efficient; cases are solved quickly, in one example a matter is settled in just “ten minutes” (369).Dickens’s pro-police pieces, included a blatantly promotional, two-part work “A Detective Police Party” (1850). The narrative begins with open criticism of the Bow Street Runners contrasting these “men of very indifferent character” to the Detective Force which is “so well chosen and trained, proceeds so systematically and quietly, does its business in such a workman-like manner, and is always so calmly and steadily engaged in the service of the public” (“Police Party, Part I” 409). The “party” is just that: a gathering of detectives and editorial staff. Men in a “magnificent chamber”, seated at “a round table […] with some glasses and cigars arranged upon it; and the editorial sofa elegantly hemmed in between that stately piece of furniture and the wall” (“Police Party, Part I” 409). Two inspectors and five sergeants are present. Each man prepared to share some of their experiences in the service of Londoners:they are, [Dickens tells us] one and all, respectable-looking men; of perfectly good deportment and unusual intelligence; with nothing lounging or slinking in their manners; with an air of keen observation, and quick perception when addressed; and generally presenting in their faces, traces more or less marked of habitually leading lives of strong mental excitement. (“Police Party, Part I” 410) Dickens goes to great lengths to reinforce the superiority of the police detective. These men, “in a glance, immediately takes an inventory of the furniture and an accurate sketch of the editorial presence” and speak “very concisely, and in well-chosen language” and who present as an “amicable brotherhood” (“Police Party, Part I” 410). They are also adaptable and constantly working to refine their craft, through apeculiar ability, always sharpening and being improved by practice, and always adapting itself to every variety of circumstances, and opposing itself to every new device that perverted ingenuity can invent, for which this important social branch of the public service is remarkable! (“Police Party, Part II” 459)These detectives are also, in some ways, familiar. Dickens’s offerings include: a “shrewd, hard-headed Scotchman – in appearance not at all unlike a very acute, thoroughly-trained schoolmaster”; a man “with a ruddy face and a high sun-burnt forehead, [who] has the air of one who has been a Sergeant in the army” (“Police Party, Part I” 409-10); and another man who slips easily into the role of the “greasy, sleepy, shy, good-natured, chuckle-headed, un-suspicious, and confiding young butcher” (“Police Party, Part II” 457). These descriptions are more than just attempts to flesh out a story; words on a page reminding us that the author is not just another journalist but one of the great voices of the Victorian era. These profiles are, it is argued here, a deliberate strategy to reassure readers.In summary, police detectives are only to be feared by those residing on the wrong side of the law. For those without criminal intent; detectives are, in some ways, like us. They are people we already know and trust. The stern but well-meaning, intelligent school teacher; the brave and loyal soldier defending the Empire; and the local merchant, a person we see every day. Dickens provides, too, concrete examples for how everyone can contribute to a safer society by assisting these detectives. This, is perfect public relations. Thus, almost singlehandedly, he builds a professional profile for a new type of police officer. The problem (crime) and its solution (the detective) neatly packaged, with step-by-step instructions for citizens to openly support this new-style of constabulary and so achieve a better, less crime-ridden community. This is a theme pursued in “Three Detective Anecdotes” (1850) where Dickens continued to successfully merge “solid lower-middle-class respectability with an intimate knowledge of the criminal world” (Priestman 177); so, proffering the ideal police detective. A threat to the criminal but not to the hard-working and honest men, women, and children of the city.The Detective: As Fact and as FictionThese writings are also a precursor to one of the greatest fictional detectives of the English-speaking world. Dickens observes that, for these new-style police detectives: “Nothing is so common or deceptive as such appearances at first” (“Police Party, Part I” 410). In 1891, Arthur Conan Doyle would write that: “There is nothing so deceptive as an obvious fact” (78). Dickens had prepared readers for the consulting detective Sherlock Holmes: who was smarter, more observant and who had more determination to take on criminals than the average person. The readers of Dickens were, in many respects, positioned as prototypes of Dr John Watson: a hardworking, loyal Englishman. Smart. But not as smart as those who would seek to do harm. Watson needed Holmes to make the world a better place; the subscriber to Household Words needed the police detective.Another article, “On Duty with Inspector Field” (1851), profiled the “well-known hand” responsible for bringing numerous offenders to justice and sending them, “inexorably, to New South Wales” (Dickens 266). Critically this true crime narrative would be converted into a crime fiction story as Inspector Field is transformed (it is widely believed) into the imagined Inspector Bucket. The 1860s have been identified as “a period of awakening for the detective novel” (Ashley x), a predictor of which is the significant sub-plot of murder in Dickens’s Bleak House. In this novel, a murder is committed with the case taken on, and competently solved by, Bucket who is a man of “skill and integrity” a man presented as an “ideal servant” though one working for a “flawed legal system” (Walton 458). Mr Snagsby, of Bleak House, observes Bucket as a man whoseems in some indefinable manner to lurk and lounge; also, that whenever he is going to turn to the right or left, he pretends to have a fixed purpose in his mind of going straight ahead, and wheels off, sharply at the very last moment [… He] notices things in general, with a face as unchanging as the great mourning ring on his little finger, or the brooch, composed of not much diamond and a good deal of setting, which he wears in his shirt. (278) This passage, it is argued here, places Bucket alongside the men at the detective police party in Household Words. He is simultaneously superhuman in mind and manner, though rather ordinary in dress. Like the real-life detectives of Dickens’s articles; he is a man committed to keeping the city safe while posing no threat to law-abiding citizens. ConclusionThis article has explored, briefly, the contributions of the highly-regarded Victorian author, Charles Dickens, to factual and fictional crime writing. The story of Dickens as a social commentator is one that is familiar to many; what is less well-known is the connection of Dickens to important conversations around capital punishment and the rise of the detective in crime-focused narratives; particularly how he assisted in building the professional profile of the police detective. In this way, through fact and fiction, Dickens performed great (if under-acknowledged) public services around punishment and law enforcement: he contributed to debates on the death penalty and he helped to build trust in the radical social project that established modern-day policing.AcknowledgementsThe author offers her sincere thanks to the New South Wales Dickens Society, Simon Dwyer, and Peter Kirkpatrick. 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