Artigos de revistas sobre o tema "Blacks – crimes against – great britain"

Racial discrimination is a very big problem and is found in several countries such as the United States, Great Britain and the most dominant in South Africa with the policy of apartheid. Therefore, South Africa is at the center of the fight against racism towards achieving justice. The word apartheid means "separation" in the African language and it describes the racial rigidity that governs the division between the minority white population and the majority white population. The struggle of the majority of black Africans against the domination of white minorities is the main and last racial conflict. The international community actively encourages it. However, the white group was large enough and too strong while the black power was so weak and divided, that in the end a person named Nelson Mandela appeared, who was active in the struggle for the elimination of the politics of apartheid in South Africa on the grounds that racial crises and conflicts would arise. what happened there was soon over and South Africa became an auspicious country.

The relevance of the article is obvious because the terrible crimes committed by the Russian Federation on the territory of Ukraine shook not only Ukrainian society but also the whole world. Russian military personnel and their command commit large-scale and systematic attacks on the civilian population - brutal murders, torture, torture, rape, enslavement, extermination, deportations, imprisonment, the crime of apartheid and other illegal acts of a cruel nature directed against the people of Ukraine. The relevance of the study is also related to the fact that the Criminal Code of Ukraine (hereinafter - the Criminal Code of Ukraine) does not contain a definition of crimes against humanity, unlike other crimes such as military or war crimes. We will try to figure out how the actions of criminals will be qualified by Ukrainian courts and who will be held criminally responsible at the international level in the event that crimes against humanity are committed in Ukraine. «Crimes against humanity» as a separate group of crimes in international law was first reflected in the joint declaration of the governments of France, Great Britain and Russia on May 28, 1915 as a protest against the genocide committed by Turkey against the Armenian population. The result of the criminal events was the killing of more than a million people, prompting the international community to label this shameful act as a «crime against civilization and humanity» for which the leaders of the Turkish government should be held accountable. Crimes against humanity are crimes designed to destroy the very nature of man. These crimes are considered the most heinous crimes, because they mean deliberate mass killings either by the fact of the very existence of people (crimes against humanity) or by the fact of belonging to an ethnic or national group (genocide). In a number of international documents, such as: the Statute of the Nuremberg International Military Tribunal, article 6c; Charter of the International Military Tribunal in Tokyo, Article 5c; Law No. 10, adopted by the Control Council of the Allied Powers in Germany in 1945, Article II, 1c; UN Convention of December 9, 1948 on the Prevention of the Crime of Genocide and its Punishment; Statutes of international criminal tribunals for Yugoslavia, Art. 3-5 and Rwanda Art. 2-3; Statute of the International Criminal Court, Art. 7, such international crimes as crimes against humanity are reflected, from this it follows that universal jurisdiction extends to crimes against humanity.

The domestic legislator improves the criminal law norms based on, among other things, foreign experience. In this regard, the author considers the approaches of foreign countries to the definition of the subject of property crimes in general and its «digital variants» in particular. The approaches of some foreign countries (Great Britain, USA, Germany, Austria, Spain, France, Poland) to the establishment of criminal liability for the theft of non-cash funds and digital currency are analyzed. Based on the analysis, the author concludes that in the legislation of foreign states of the Anglo-Saxon and Romano-Germanic systems, the subject of property crimes is defined through the category of «property». In England and the USA, property in general (including non-cash funds and cryptocurrency) can be the subject of any property crimes. In the countries of the continental system (in particular, in the Federal Republic of Germany, Austria, France), within this group of crimes, a subgroup of criminal acts that encroach only on things (for example, theft) is distinguished. It seems that in the domestic criminal law it is also necessary to single out a group of property crimes, which will include crimes against property. Accordingly, in order to solve the problem of the inconsistency of the title of Chapter 21 of the Criminal Code of the Russian Federation with its content, since the norms of this chapter protect not only objects of property rights (in particular, property rights), but also property rights (claim rights, etc.) that make up the content of obligations relations . It is proposed to clarify the title of Chapter 21 of the Criminal Code of the Russian Federation, heading it «Property Crimes» (taking into account the studied foreign experience). Thus, non-cash funds, which are not things and which are subject to the civil law regime of property rights, are more logical to recognize as the subject of 2property crimes», and not crimes against property.

The article examines the issue of international assistance to Ukraine in the fight against Russia’s large-scale aggression. This aggression caused the biggest crisis of the system of international security, international law, and international relations after World War II and caused the destruction of the modern international order. At first, Russia’s actions caused a certain disunity in the democratic world. But the treacherous attack and the start of a full-scale war in the center of Europe rallied the leading states of NATO and the European Union. The main and consistent provider of aid to Ukraine is the United States of America and Great Britain. In total, US aid for the first three months of the war amounted to more than 50 billion dollars. Great Britain became a locomotive and an example for the old Europe in the defense and protection of democratic values. The next group of countries that came forward in defense of Ukraine and uncompromising support in the fight against the aggressor were Poland and the Baltic countries. The collective provider of aid to Ukraine is the European Union, NATO, the G7 countries, the IMF and other world, continental and regional organizations and associations. Thanks to military and technical assistance, Ukraine managed to contain the enemy and stabilize the front. In the article, considerable attention is paid to the problems of financial and economic, humanitarian, legal assistance in the investigation of crimes against the civilian population and assistance in the protection of cultural values, etc. A special and important direction of assistance is the support of Ukrainian refugees abroad (according to UN data, as of May 2022, there were 10 million of them) and assistance to displaced persons in the middle of the country. Key words: aggression, military-technical, financial, legal, humanitarian aid, states, international and European organizations.

The scientific publication is dedicated to researching the possibilities of modern information technologies in combating environmental crime. In particular, individual organizational and technical problems in the context of this topic were analyzed, the best foreign practices of using innovations in the field of environmental protection were outlined, directions for the development and adaptation of information technologies in the detection and investigation of criminal offenses were determined, taking into account the specifics of Ukrainian legislation and the practice of its application, to ensure sustainable and harmonious development of the country's ecological security. Analysis of the experience of countries such as the USA, Canada, Germany, and Great Britain has proven the impact of the latest technologies on the effectiveness of detecting and countering criminal offenses against the environment. It was concluded that modern technologies, including geo-information systems, electronic accounting systems, mobile applications for the public, automated emissions tracking systems, unmanned aerial vehicles and other innovative solutions are able to ensure the transparency of enterprises' activities and the active involvement of citizens in the control process, will allow prompt response to violations , to significantly increase the effectiveness of the actions of law enforcement agencies of Ukraine, in particular, in collecting evidence of illegal activities in the field of the environment. It was emphasized that taking into account the current environmental challenges in our country and the requirements for increasing the efficiency of law enforcement activities, the introduction and improvement of relevant innovative technologies in the field of environmental protection is urgent and expedient. This will not only improve the effectiveness of combating criminal offenses against the environment, but will also stimulate the appropriate attitude of business to environmental standards, while strengthening the public's trust in the actions of power structures.

At the ceremony dedicated to the 75th anniversary of Auschwitz liberation held in Yad Vashem Holocaust Commemoration Centre, Jerusalem, no complete truth about the Holocaust and Israeli state necessity, based on investigation of anti-Semitic crimes, was disclosed by any of Eurasian leaders. A careful examination of the Holocaust and foundation of the Israeli state shows that not only Germany and Nazi committed high and atrocious military and civil crimes against the Jewish people. The total Eurasian attitude towards the Jews was highly negative just before, during and after World War II. Soviet Union and Great Britain contributed most to the deferral of the Israeli state foundation. If the war had lasted longer and had ended in 1947 instead of 1945, there would not have been a single Jew in Eurasia because of mutual Eurasian aggression towards the Jewish people. Now, 75 years after, it is high time we revealed the importance of the Israeli state for Eurasian Jews and demythologize Eurasian “help” to the victims of Holocaust.

The subject of the presented research is the criminal law on punishment and other measures of criminal law applied in Great Britain and the United States to persons who have been found guilty of committing economic crimes. Purpose of the study: to present scientifically grounded proposals on the advisability of including in the Russian criminal law certain measures of criminal law that are applied to persons convicted of economic crimes, as an effective means of preventing white-collar crime. List of methods and objects of research. In the course of the research, dialectical, comparative-legal, formal-logical, as well as other methods of cognition used in theoretical and legal research were used in aggregate. Conclusions of the study: in the UK and the US, the practice of attracting persons convicted of many economic crimes is characterized by a high degree of severity. Punishments and other measures of criminal law, as a rule, involve the imposition of imprisonment for long periods. In addition, the perpetrator is subject to penalties aimed at the seizure of illegally obtained material values, as well as compensation for harm caused to the victim as a result of criminal activity. Such methods of combating economic crime have a high effect of private prevention of the commission of new crimes. But a significant number of people held in places of deprivation of liberty has an extremely negative effect on the financial and other interests of the state. Therefore, the Russian policy of humanizing criminal responsibility is seen as more promising in terms of countering modern economic crime. At the same time, the rule on the application of property-related punishments should be considered as a priority in the fight against economic crimes.

This study explores and compares the portrayal of women in the news reporting of crimes of sexual violence against women between two newspapers from different cultures, the Jakarta Post and the Guardian. The Jakarta Post is an English quality newspaper published in Indonesia, and the Guardian is a quality broadsheet from Great Britain. To explore the representation of women, this study accounts the portrayal of men as well since the two entities are strongly inter-related. The analytical tool used in this study is naming analysis of social actors, which is a part of critical discourse analysis. This analysis is aimed at probing the representation through the choice of lexical items in representing the main news actors. The findings of the analysis indicate that the choices of the naming categories used by both newspapers are different. The Jakarta Post mostly functionalises both the victims and the perpetrators in terms of their legal status in the criminal cases. This suggests that the broadsheet tends to view them as part of the legal processes instead of as people. The Guardian typically classifies the victims in terms of their age and gender and refers to the perpetrators with their surnames instead of as parts of the criminal cases. The Guardian’s tendency to represent both perpetrators and victims as people instead of parts of legal processes indicates that the paper is attempting to focus the reports more on the crimes themselves rather than the participants involved in the cases.

The mechanisms and the chronology of the great crimes committed by totalitarian regimes are now well documented. While they may explain the mechanics of these events, they do not always explain <em>why</em> they transpired. The implementation of Stalin’s policy of collectivization and de-kulakization relied on dissimulation. Moreover, the pace of collectivization was justified by external threats, initially from Great Britain and Poland, and later extending to Japan. This made possible the branding of any political adversary as a traitor. As long as Stalin faced organized political opposition, he was unable to launch any maximal policies. After the defeat of Trotsky in December 1927 he was able to create crisis situations that ultimately furthered his own power. The offensive he unleashed against the peasants became a means of reinforcing his increasing dictatorship. The collectivization campaign employed the rational argument that the backward countryside needs to modernize production. Its ultimate aim, however, was the crushing of an independent peasantry. There are enlightening comparisons that can be made between collectivization in China and the USSR, which are explored in this essay. The resistance to collectivization was particularly strong amongst Ukrainians. Stalin, who had long regarded the national question as inseparable from the peasant question, deliberately chose mass starvation to break resistance to his will. The history of these events was for a long time shrouded in great secrecy until it began being discussed by Western scholars, becoming a matter of considerable debate between the “totalitarian” and “revisionist” schools of Soviet historiography.

The article analyzes historical, geopolitical, legal and other aspects of the organization and conduct of the International Military Tribunal on the basis of the monograph by Corresponding Member of the Russian Academy of Sciences A.N. Savenkov “Nuremberg: A Verdict for name of Peace”. over the main Nazi criminals, the political, legal and moral significance of its results for the further strengthening of peace on Earth and the prevention of global wars, the prevention of crimes against the peace and security of mankind, the development of International Law, etc. are investigated. Based on the results of A.N. Savenkov’s research, the study of archival materials of the Nuremberg Trials and other sources on this issue, the authors believe that: • in the entire history of legal proceedings, there has probably never been a court like the Nuremberg Trials. Its uniqueness lies in the fact that it is the first case in the history of justice (sui generis) when more than 20 high-ranking officials, who were part of the highest political and military leadership of a single aggressor state, found themselves in the dock, guilty of both planning, preparing and unleashing a world war, and committing during it mass crimes against peace and humanity; • the historical value of the International Military Tribunal is also seen in the fact that its results had a huge impact on the course of world history, outlined the basic contours of the new architecture of the post-war world order and world order on Earth, laid the foundations of international criminal justice, etc., and the Tribunal itself became a symbol of the victory of good over evil; • the Nuremberg Trials showed that for crimes against peace, war crimes and crimes against humanity committed during an aggressive war, the victorious States have the right to establish a special court (ad hoc) with universal jurisdiction against the political and military leaders of the defeated State, to determine a list of specific crimes (including those with criminal retroactivity), those under his jurisdiction, to provide for a special procedure for the administration of justice, to establish the types of punishment for the perpetrators and their terms, the order and form of execution of a court sentence, etc.; • the refusal of the founders of the Ministry of Internal Affairs to bring to trial the highest state and military officials of Nazi Germany on the basis of the national laws of the countries on whose territory they committed numerous terrible crimes incompatible with human nature was due to the fact that the norms of criminal legislation of none of these states (as, indeed, International Law of that time) did not they fully covered all the specifics of the objective and subjective properties of many barbaric crimes committed by Nazi criminals against humanity, therefore, it was not possible to talk about this category of monstrous acts that claimed the lives of tens of millions of innocent people as classic forms or types of crimes that infringe on the rights and freedoms of individual citizens or states, even at the level of the institution of analogy in law; • taking into account the irremediable contradictions between the norms of national and International Law, on the one hand, and the essentially unprecedented atrocities committed by Nazi criminals on a massive scale, on the other, the victorious countries in World War II as bearers of supreme power in Germany (due to the loss of its legal personality) on August 8, 1945 we made the only possible decision in the current situation: 1) to establish an open International Military Tribunal with universal jurisdiction for the prosecution and punishment of the main war criminals of the European Axis countries; 2) on the basis of international treaties and agreements, the basic values of natural law, generally recognized principles of Criminal and Criminal Procedure Law, taking into account certain provisions of the Anglo-Saxon and Romano-Germanic legal systems, adopt the Statute of the Ministry of Internal Affairs, the norms of which should: a) determine the powers and procedures of this judicial body; b) contain a criminal definition of the concepts of “criminal organization”, “crime against peace”, “war crime” and “crime against humanity”; c) provide procedural guarantees for the defendants and their defenders; d) to fix the provision according to which the official position of the defendant (be it the head of state or another responsible state official) is not a basis for exemption from liability or mitigation of punishment, etc.; • in the process of working on the Statute of the Ministry of Internal Affairs, the doctrine of due (supervisory) law was widely applied in it, which, unlike what exists, is based on such immanent properties of a person’s spiritual being as justice and freedom of spirit, morality and common sense, etc. The originality of supervisory right is also manifested in the fact that it is free from any whatever the external definitions and directives, it is not burdened with political and ideological dogmas; • by its nature, the Charter of the Nuremberg Tribunal is not a normative legal act in the traditional sense of the term, but a special international prescriptive act with the force of law, adopted on August 8, 1945 by representatives of the heads of government of the USSR, the USA, Great Britain and France in the form of an annex to the London Agreement “On the Prosecution and Punishment of the main War Criminals of European Countries axes”; • in the verdict of the International Military Tribunal, for the first time at the global level, legal entities were recognized as the subject of crimes against peace, war crimes and crimes against humanity – the Elite Guard (SS), the Security Service (SD), the Secret State Police (Gestapo) and the National Socialist Workers’ Party of Germany (NSRPG). At the same time, not all crimes committed by high-ranking officials and institutions of Nazi Germany during the Second World War were reflected or properly assessed in it; • the expectations of the world community from the Nuremberg Trials were only partially justified, since in those years many in the world believed that all Nazi criminals should be put to death without trial. Only the firm position of the USSR and its insistent demands to the allied powers about the need to bring them to trial prevented further extrajudicial reprisals against them; • the International Military Tribunal in Nuremberg cannot be regarded as a “court of victors” over the defeated. It should be perceived as a unique judicial and legal phenomenon in the history of mankind - Transitional Justice at a critical stage in the modern history of mankind.

The article describes the experience of Great Britain, Canada, Australia, and New Zealand in the field of criminological protection of justice. A combination of philosophical, general scientific and specific scientific research methods was used in the preparation of this article to find out which special actors are authorized to carry out such criminological activities, to analyze the powers and guarantees for their exercise to fulfill their tasks. The article reveals the peculiarities of interaction of special actors of ensuring the security of justice with other actors in the system of combating offenses and crimes against justice. The author emphasizes the role of the sheriff, police, and private security companies in ensuring security during the judicial process. The experience of these Commonwealth countries in identifying and counteracting possible threats to the security of justice is analyzed. The purpose of this work was to single out positive foreign experience that may be promising for implementation into the national legislation with the aim of improving activities of the Court Security Service, which is a special subject performing implementation of the function of criminological protection of justice in Ukraine. In particular, firstly, to find out which special entities are authorized to carry out the specified criminological function in certain countries of the British Commonwealth and what powers they have; secondly, what other law enforcement agencies are involved in the mechanism of ensuring criminological protection of justice and what are the features of their interaction with special subjects; thirdly, what measures they take to detect and counter possible threats to the security of justice.

The article focuses on counteraction to corruption offences in Ukraine and the EU. To this end, the authors conducted a consistent analysis of international legal acts in the field of combating corruption, in particular the United Nations Convention against Corruption of 10/31/2003; Council of Europe Criminal Convention for the Suppression of Corruption (ETS 173) No. ETS173 of 01/27/1999; Resolutions (97)24 of the Committee of Ministers of the Council of Europe on the Twenty Guiding Principles for the Fight against Corruption, etc. The study provides a systemic analysis of individual cases of experience in counteraction to corruption offences in EU countries. Experience of Great Britain, France, Germany, Belgium, Sweden, etc. is explored. The authors proved that all EU countries provide criminal liability for committing corruption offences. In different countries, criminal laws differ in the different levels of detailing of crime, as well as in the different content of the concept of corruption offence. It is proven that corruption must always be considered as criminal offence only. Today, such unambiguity is advisable in the fight against corruption in Ukraine, where the criminalization of a number of blatantly corrupt practices, such as unjust enrichment, lasts for a long period and is ambiguously effective. The article also concludes that the most effective approach of legal support for combating corruption is one that covers criminal prosecution, disclosure of information about public authorities and private entities, their income levels, their wealth, etc., as well as the interaction of law enforcement agencies with the fiscal authorities. On the example of EU countries, we showed that monitoring of financial information of public officials under the private and public laws with the proper level of analytical support for its processing provides the necessary basis for law enforcement agencies to initiate criminal proceedings for such crimes. Special attention is also paid to expanding the scope of administrative services provided by public officials as being covered by the attributes of corruption and lacking legislative support. This will significantly increase the level of transparency of the activity of public authorities, while reducing the level of corruption manifestations. An important conclusion of the article is that the effectiveness of criminal prosecution for committing corruption offences depends on the level of legal culture and the level of legal awareness of both the public and public servants.

Проблемы распространения экстремизма и радикализации общества является одной из первостепенных проблем любого государства. Последствия насильственных преступлений, совершаемых по экстремистским мотивам, всегда поражают своей циничностью, безжалостностью и порождают страх у всего общества. Наши исправительные учреждения тоже столкнулись с проблемами распространения и пропаганды экстремизма среди осужденных со стороны лиц, отбывающих наказание за эти преступления. Однако, как показывает практика, эта проблема актуальна для пенитенциарных учреждений государств всего мира. Поэтому изучение опыта одной из европейских стран представляется интересным с точки зрения заимствования наиболее эффективных профилактических мероприятий при борьбе с экстремизмом. В статье автором анализируются итоги исследования, проведенного в Великобритании, целью которого было изучение масштабов и характера радикализации осужденных в трех тюрьмах строгого режима Англии и Уэльса. В ходе данного исследования был составлен криминологический портрет осужденного, склонного к радикализации, выявлены основные причины распространения экстремизма в тюрьмах, среди которых особенно выделяются проблемы, связанные с сокращением численности сотрудников, увеличением числа вакантных должностей. Кроме того, отсутствие опыта работы именно с осужденными-мусульманами у персонала тюрем, связанного с непониманием ими основ мусульманской религии, ее ценностей, а также отсутствие профессионально подготовленных капелланов, привели к резкому росту экстремизма. Автором изучены все мероприятия, проведенные на уровне уголовно-исполнительной политики государства с целью профилактики экстремизма в тюрьмах. К таким относится создание в 2016 г. нового государственного управления по вопросам безопасности, порядка и борьбы с терроризмом, а также мероприятия, направленные на обучение персонала, координацию деятельности оперативных служб, выявление наиболее «уязвимых» лиц для радикализации, решение кадровых вопросов с подбором персонала. В результате это привело к сокращению роста распространения экстремизма в тюрьмах Великобритании. The problems of the spread of extremism and the radicalization of society is one of the primary problems of any state. The consequences of violent crimes committed for extremist motives are always striking in their cynicism, ruthlessness and generate fear in the whole society. Our correctional institutions have also faced problems with the spread and propaganda of extremism among convicts, on the part of persons serving sentences for these crimes. But as practice shows, absolutely all penitentiary institutions of the world have faced this. Therefore, studying the experience of one of the European countries seems interesting, from the point of view of borrowing positive experience, the most effective preventive measures in the fight against extremism. The author analyzes the results of a study conducted in Great Britain, which sought to examine the extent and nature of radicalization of convicts in three maximum security prisons in England and Wales. In the course of this study, a criminological portrait of a convict prone to radicalization was compiled, the main causes of the spread of extremism in prisons were identified, among which the problems associated with a reduction in the number of employees and an increase in the number of vacant positions are particularly highlighted. In addition, the lack of experience of working with Muslim convicts among prison staff, due to their lack of understanding of the basics of the Muslim religion, its values, as well as the lack of professionally trained chaplains, led to a sharp increase in extremism. The author has studied all the measures carried out at the level of the state's penal policy in order to prevent extremism in prisons. These include the creation in 2016 of a new State Department for security, order and the fight against terrorism, as well as measures aimed at training personnel, coordinating the activities of operational services, identifying the most "vulnerable" persons for radicalization, and resolving personnel issues with recruitment. As a result, this has led to a reduction in the growth of extremism in UK prisons.

This article examines the British Foreign Office decision to abandon a British-run war crimes trial after the Second World War against suspected perpetrators of the Holocaust in Latvia and the efforts of a Holocaust survivors’ organization to seek justice. Faced with repeated inquiries from The Association of Baltic Jews in Great Britain and their parliamentary allies, the Foreign Secretary Ernest Bevin repeated a lie told to him by his subordinates that Holocaust victims were imprecise in their testimony, making them unreliable witnesses and justifying the release of several suspected war criminals. Although very few German and Latvian perpetrators saw the inside of the courtroom, survivor advocacy countered the prevailing silence about the Holocaust in Eastern Europe during the Cold War.

Search activity as an independent field of work plays a significant role in the fight against crime. Nowadays active counteraction to crime investigation becomes almost an everyday occurrence. And concealing a person from investigative authorities and trial is one of its most wide spread methods, that contributes to the violation of the principle of unavoidability of punishment, appearance of latent crimes and recidivism, formation of an opinion on worthlessness of law enforcement authorities among certain persons, generating their sense of anxiety, impunity and all permissiveness, thus impeding the formation of a healthy moral-psychological climate in the society. And the condition of being a missing person should signify accidents, suicide or criminal circumstances. Further improvement of the search activity presupposes comparative law analysis and study of the foreign experience of its organization and tactics. The article researches legislative regulation of the search activity of law enforcement authorities in the CIS and Baltic states, analyzes peculiarities of organizing this area of fight against crime in such global community countries, as Austria, Great Britain, Germany, India, PRC, the Saudi Arabia, France, and Japan.

International organizations identify the problem of using international trade systems for money laundering and terrorist financing. Customs authorities play an important role in the fight against such crimes. They have deep knowledge of the international trade sphere and exclusive access to international trade documents; trading systems for money laundering and terrorist financing. The purpose of the article is to study foreign experience regarding the participation of customs authorities in the fight against money laundering with the determination of the possibility of its implementation in Ukraine. To achieve the goal, the following methods were used: analysis and synthesis, logical generalization, comparison. The work analyzes the structure and scope of powers of customs authorities of foreign countries (USA and Germany). It was determined that the structure of the customs service depends on the most problematic areas for each country. Examples of cooperation between customs authorities and financial intelligence units in the fight against money laundering and terrorist financing (Belgium, Great Britain, Canada, Germany, Peru) are given. The state of reforming the customs sphere in Ukraine is assessed, taking into account the current state of war. The current stage of development of customs authorities in Ukraine is characterized by the implementation of European practices and legislation. The role of the State Customs Service of Ukraine in the fight against money laundering and terrorist financing has been determined. Proposals are made to increase the effectiveness of information exchange between the State Customs Service of Ukraine and the State Financial Monitoring Service of Ukraine. The expediency of creating functional groups, which would include the most trained employees in the field of money laundering and terrorist financing, has been proven. Their duties should include: control and analytical activities aimed at detecting and preventing crimes related to the legalization of income; transfer of information about suspicious transactions to the State Financial Monitoring Service of Ukraine.

The article examines the international legal prohibitions on the commission of genocide established by the international fundamental principles of jus cogens, examines the correlation of such international fundamental principles as the right of peoples to self-determination and the inviolability of borders. It describes the content of the lawsuits in the case “Armenia vs Azerbaijan”, which were filed by Armenia to the International Court of Justice of the United Nations, with a request for the application of temporary measures to protect the rights of residents of NagornoKarabakh, enshrined in the “International Convention on the Elimination of All Forms of Racial Discrimination”. The legal analysis of the principle of universal jurisdiction is carried out. The author substantiates the possibility of applying universal jurisdiction in cases of crimes of genocide and provides examples of the judicial practice of the European Court of Human Rights (ECHR), as well as the courts of Israel, Denmark, Bavaria (Germany), Rotterdam, The Hague (Netherlands), Lausanne (Switzerland), Great Britain. The article analyzes the international legal and organizational problems of bringing to criminal responsibility representatives of the military and political leadership of Azerbaijan for committing the crime of genocide of the Armenian population of Nagorno-Karabakh. Due to the fact that currently it is possible to bring to justice representatives of the military and political leadership of another State only at the international level, the possibility of accepting the investigation of crimes against the peace and security of mankind, including the crime of genocide, by both the ICC and the national court of another State is being considered.

A substantial increase in the quantitative indicators of traffic accident statistics in Ukraine in recent years, as well as a tendency to decrease the effectiveness of solving this type of crime due to a decrease in attention to the problem, leads to impunity for the guilty, as well as the inability of victims to protect their rights and interests. Despite the armed aggression of the Russian Federation, such basic institutions as the representation of the interests of the victims, especially in the field of crimes against traffic safety and operation of transport, must have clear legal regulation at the state level, which is precisely what determines the relevance of this study. The purpose of this study was to analyse the foreign practices of the victim representation institution both in the general context and in terms of crimes against traffic safety and transport operation, as well as standardization and improvement of the current legislation by borrowing foreign legal ideas. The basis of the methodological approach is dialectical and comparativist methods, which helped analyse the legislation of several European countries. The study analysed the legislation of the Netherlands, Germany, the USA, and Great Britain for comparative analysis and to find gaps in national legislation. The need to distinguish between the terms “representative of the victim” and “legal representative”, as well as to separate the category “advocate-representative of the victim” from the general concept of “defender in criminal proceedings” was proved. Some provisions were also presented, according to which the legally mandatory participation of a lawyer representing the victim in road traffic accident cases and the presence of certain conditions should be established. The study focuses on the issue of compensation for damage caused to the victim as a result of the accident and possible aspects of its settlement at the state level, considering the practices of the Netherlands. The results obtained during this study are an important theoretical basis for improving the legal regulation of the activity of a lawyer representing a victim of a traffic accident

According to the topics of study, The intensity of the news coverage of the Abu Ghraib scandal and the US soldiers' torture of Iraqi prisoners have become apparent since the scandal was revealed on April 29, 2004 until May 30, 2004 and the period in which the coverage of this scandal had intensified not only in Al-Zaman, but in all newspapers, magazines and other media locally and internationally. And according to a research taken from Al-Zaman magazine that showed great interest in highlighting the event, interpreting it, following up its roots and results, and showing contradictory claims and slogans between the US and Britain, particularly in respecting human rights and the spread of justice, equality and well-being in Iraq specifically and what happened actually from violations and abuses of US forces, and whoever made an alliance with them against the Iraqi people which are contrary to all international laws, legislations and conventions that prevent the violation of human dignity in times of peace and war alike and can not be accepted under any justification. The importance of the news reports was also revealed in the dissemination of the essence of the event and its reasons, and based on new factual information in a clear and simple manner, and a comprehensive explanation of most aspects of the event and all relevant developments, ideas, attitudes and results. For more honest and objective follow-up, the reports relied on documents supporting the information since the beginning of the event, and highlighted the US abuses and violations of international laws and the resolutions of the Security Council and the United Nations in the violation of human rights, and that was proved by the (categories of analysis) which highlighted the obvious contradiction between the slogans and behaviors and practices, this was obtained with the adoption of specific scientific steps. After the analysis of the news reports of the newspaper Al-Zaman, it showed many results focusing on highlighting the condemnation and anger of the Iraqi people against the crimes of torture in Abu Ghraib prison, whereas the US officials’ stated that the US administration’s justice will punish the American soldiers for Abusing the Iraqi prisoners, also highlighting the heinous torture and humiliation of US soldiers against prisoners. The Red Cross, The Unicef and Amnesty International were also concerned about the need to punish the perpetrators of torture crimes. The focus was also on the US president's claim to insist on peace and security in Iraq. Iraqi and international claims blamed the American minister of defense Donald Ramsfield, for the torture crimes against Iraqi prisoners. This scandal led to the escalation of international and US hostility against Washington and It showed how clear the British claims were contradictory in the analysis which questions the validity of the abuse of British soldiers against the Iraqi detainees.

On the night of 31 August, 1888, Mary Ann ‘Polly’ Nichols was found murdered in Buck’s Row, her throat slashed and her body mutilated. She was followed by Annie Chapman on 8 September in the year of 29 Hanbury Street, Elizabeth Stride in Dutfield’s Yard and Catherine Eddowes in Mitre Square on 30 September, and finally Mary Jane Kelly in Miller’s Court, on 9 November. These five women, all prostitutes, were victims of an unknown assailant commonly referred to by the epithet ‘Jack the Ripper’, forming an official canon which excludes at least thirteen other cases around the same time. As the Ripper was never identified or caught, he has attained an almost supernatural status in London’s history and literature, immortalised alongside other iconic figures such as Sherlock Holmes. And his killing ground, the East End suburb of Whitechapel, has become notorious in its own right. In this article, I will discuss how Whitechapel developed as a Gothic location through the body of literature devoted to the Whitechapel murders of 1888, known as 'Ripperature'. I will begin by speaking to the turn of Gothic literature towards the idea of the city as a Gothic space, before arguing that Whitechapel's development into a Gothic location may be attributed to the threat of the Ripper and the literature which emerged during and after his crimes. As a working class slum with high rates of crime and poverty, Whitechapel already enjoyed an evil reputation in the London press. However, it was the presence of Jack that would make the suburb infamous into contemporary times. The Gothic Space of the City In the nineteenth century, there was a shift in the representation of space in Gothic literature. From the depiction of the wilderness and ancient buildings such as castles as essentially Gothic, there was a turn towards the idea of the city as a Gothic space. David Punter attributes this turn to Robert Louis Stevenson’s 1886 novel The Strange Case of Dr. Jekyll and Mr. Hyde. The wild landscape is no longer considered as dangerous as the savage city of London, and evil no longer confined only to those of working-class status (Punter 191). However, it has been argued by Lawrence Phillips and Anne Witchard that Charles Dickens may have been the first author to present London as a Gothic city, in particular his description of Seven Dials in Bell’s Life in London, 1837, where the anxiety and unease of the narrator is associated with place (11). Furthermore, Thomas de Quincey uses Gothic imagery in his descriptions of London in his 1821 book Confessions of an English Opium-Eater, calling the city a “vast centre of mystery” (217). This was followed in 1840 with Edgar Allen Poe’s story The Man of the Crowd, in which the narrator follows a stranger through the labyrinthine streets of London, experiencing its poorest and most dangerous areas. At the end of the story, Poe calls the stranger “the type and the genius of deep crime (...) He is the man of the crowd” (n. p). This association of crowds with crime is also used by Jack London in his book The People of the Abyss, published in 1905, where the author spent time living in the slums of the East End. Even William Blake could be considered to have used Gothic imagery in his description of the city in his poem London, written in 1794. The Gothic city became a recognisable and popular trope in the fin-de-siècle, or end-of-century Gothic literature, in the last few decades of the nineteenth century. This fin-de-siècle literature reflected the anxieties inherent in increasing urbanisation, wherein individuals lose their identity through their relationship with the city. Examples of fin-de-siècle Gothic literature include The Beetle by Richard Marsh, published in 1897, and Bram Stoker’s Dracula, published in the same year. Evil is no longer restricted to foreign countries in these stories, but infects familiar city streets with terror, in a technique that is described as ‘everyday Gothic’ (Paulden 245). The Gothic city “is constructed by man, and yet its labyrinthine alleys remain unknowable (...) evil is not externalized elsewhere, but rather literally exists within” (Woodford n.p). The London Press and Whitechapel Prior to the Ripper murders of 1888, Whitechapel had already been given an evil reputation in the London press, heavily influenced by W.T. Stead’s reports for The Pall Mall Gazette, entitled The Maiden Tribute of Modern Babylon, in 1885. In these reports, Stead revealed how women and children were being sold into prostitution in suburbs such as Whitechapel. Stead used extensive Gothic imagery in his writing, one of the most enduring being the image of London as a labyrinth with a monstrous Minotaur at its centre, swallowing up his helpless victims. Counter-narratives about Whitechapel do exist, an example being Henry Mayhew’s London Labour and the London Poor, who attempted to demystify the East End by walking the streets of Whitechapel and interviewing its inhabitants in the 1860’s. Another is Arthur G. Morrison, who in 1889 dismissed the graphic descriptions of Whitechapel by other reporters as amusing to those who actually knew the area as a commercially respectable place. However, the Ripper murders in the autumn of 1888 ensured that the Gothic image of the East End would become the dominant image in journalism and literature for centuries to come. Whitechapel was a working-class slum, associated with poverty and crime, and had a large Jewish and migrant population. Indeed the claim was made that “had Whitechapel not existed, according to the rationalist, then Jack the Ripper would not have marched against civilization” (Phillips 157). Whitechapel was known as London’s “heart of darkness (…) the ultimate threat and the ultimate mystery” (Ackroyd 679). Therefore, the reporters of the London press who visited Whitechapel during and immediately following the murders understandably imbued the suburb with a Gothic atmosphere in their articles. One such newspaper article, An Autumn Evening in Whitechapel, released in November of 1888, demonstrates these characteristics in its description of Whitechapel. The anonymous reporter, writing during the Ripper murders, describes the suburb as a terrible dark ocean in which there are human monsters, where a man might get a sense of what humanity can sink to in areas of poverty. This view was shared by many, including author Margaret Harkness, whose 1889 book In Darkest London described Whitechapel as a monstrous living entity, and as a place of vice and depravity. Gothic literary tropes were also already widely used in print media to describe murders and other crimes that happened in London, such as in the sensationalist newspaper The Illustrated Police News. An example of this is an illustration published in this newspaper after the murder of Mary Kelly, showing the woman letting the Ripper into her lodgings, with the caption ‘Opening the door to admit death’. Jack is depicted as a manifestation of Death itself, with a grinning skull for a head and clutching a doctor’s bag filled with surgical instruments with which to perform his crimes (Johnston n.p.). In the magazine Punch, Jack was depicted as a phantom, the ‘Nemesis of Neglect’, representing the poverty of the East End, floating down an alleyway with his knife looking for more victims. The Ripper murders were explained by London newspapers as “the product of a diseased environment where ‘neglected human refuse’ bred crime” (Walkowitz 194). Whitechapel became a Gothic space upon which civilisation projected their inadequacies and fears, as if “it had become a microcosm of London’s own dark life” (Ackroyd 678). And in the wake of Jack the Ripper, this writing of Whitechapel as a Gothic space would only continue, with the birth of ‘Ripperature’, the body of fictional and non-fiction literature devoted to the murders. The Birth of Ripperature: The Curse upon Mitre Square and Leather Apron John Francis Brewer wrote the first known text about the Ripper murders in October of 1888, a sensational horror monograph entitled The Curse upon Mitre Square. Brewer made use of well-known Gothic tropes, such as the trans-generational curse, the inclusion of a ghost and the setting of an old church for the murder of an innocent woman. Brewer blended fact and fiction, making the Whitechapel murderer the inheritor, or even perhaps the victim of an ancient curse that hung over Mitre Square, where the second murdered prostitute, Catherine Eddowes, had been found the month before. According to Brewer, the curse originated from the murder of a woman in 1530 by her brother, a ‘mad monk’, on the steps of the high altar of the Holy Trinity Church in Aldgate. The monk, Martin, committed suicide, realising what he had done, and his ghost now appears pointing to the place where the murder occurred, promising that other killings will follow. Whitechapel is written as both a cursed and haunted Gothic space in The Curse upon Mitre Square. Brewer’s description of the area reflected the contemporary public opinion, describing the Whitechapel Road as a “portal to the filth and squalor of the East” (66). However, Mitre Square is the former location of a monastery torn down by a corrupt politician; this place, which should have been holy ground, is cursed. Mitre Square’s atmosphere ensures the continuation of violent acts in the vicinity; indeed, it seems to exude a self-aware and malevolent force that results in the death of Catherine Eddowes centuries later. This idea of Whitechapel as somehow complicit in or even directing the acts of the Ripper will later become a popular trope of Ripperature. Brewer’s work was advertised in London on posters splashed with red, a reminder of the blood spilled by the Ripper’s victims only weeks earlier. It was also widely promoted by the media and reissued in New York in 1889. It is likely that a ‘suggestion effect’ took place during the telegraph-hastened, press-driven coverage of the Jack the Ripper story, including Brewer’s monograph, spreading the image of Gothic Whitechapel as fact to the world (Dimolianis 63). Samuel E. Hudson’s account of the Ripper murders differs in style from Brewer’s because of his attempt to engage critically with issues such as the failure of the police force to find the murderer and the true identity of Jack. His book Leather Apron; or, the Horrors of Whitechapel, London, was published in December of 1888. Hudson described the five murders canonically attributed to Jack, wrote an analysis of the police investigation that followed, and speculated as to the Ripper’s motivations. Despite his intention to examine the case objectively, Hudson writes Jack as a Gothic monster, an atavistic and savage creature prowling Whitechapel to satisfy his bloodlust. Jack is associated with several Gothic tropes in Hudson’s work, and described as different types of monsters. He is called: a “fiend bearing a charmed and supernatural existence,” a “human vampire”, an “incarnate monster” and even, like Brewer, the perpetrator of “ghoulish butchery” (Hudson 40). Hudson describes Whitechapel as “the worst place in London (...) with innumerable foul and pest-ridden alleys” (9). Whitechapel becomes implicated in the Ripper murders because of its previously established reputation as a crime-ridden slum. Poverty forced women into prostitution, meaning they were often out alone late at night, and its many courts and alleyways allowed the Ripper an easy escape from his pursuers after each murder (Warwick 560). The aspect of Whitechapel that Hudson emphasises the most is its darkness; “off the boulevard, away from the streaming gas-jets (...) the knave ran but slight chance of interruption” (40). Whitechapel is a place of shadows, its darkest places negotiated only by ‘fallen women’ and their clients, and Jack himself. Hudson’s casting of Jack as a vampire makes his preference for the night, and his ability to skilfully disembowel prostitutes and disappear without a trace, intelligible to his readers as the attributes of a Gothic monster. Significantly, Hudson’s London is personified as female, the same sex as the Ripper victims, evoking a sense of passive vulnerability against the acts of the masculine and predatory Jack, Hudson writing that “it was not until four Whitechapel women had perished (...) that London awoke to the startling fact that a monster was at work upon her streets” (8). The Complicity of Gothic Whitechapel in the Ripper Murders This seeming complicity of Whitechapel as a Gothic space in the Ripper murders, which Brewer and Hudson suggest in their work, can be seen to have influenced subsequent representations of Whitechapel in Ripperature. Whitechapel is no longer simply the location in which these terrible events take place; they happen because of Whitechapel itself, the space exerting a self-conscious malevolence and kinship with Jack. Historically, the murders forced Queen Victoria to call for redevelopment in Spitalfields, the improvement of living conditions for the working class, and for a better police force to patrol the East End to prevent similar crimes (Sugden 2). The fact that Jack was never captured “seemed only to confirm the impression that the bloodshed was created by the foul streets themselves: that the East End was the true Ripper,” (Ackroyd 678) using the murderer as a way to emerge into the public consciousness. In Ripperature, this idea was further developed by the now popular image of Jack “stalking the black alleyways [in] thick swirling fog” (Jones 15). This otherworldly fog seems to imply a mystical relationship between Jack and Whitechapel, shielding him from view and disorientating his victims. Whitechapel shares the guilt of the murders as a malevolent and essentially pagan space. The notion of Whitechapel as being inscribed with paganism and magic has become an enduring and popular trope of Ripperature. It relates to an obscure theory that drawing lines between the locations of the first four Ripper murders created Satanic and profane religious symbols, suggesting that they were predetermined locations for a black magic ritual (Odell 217). This theory was expanded upon most extensively in Alan Moore’s graphic novel From Hell, published in 1999. In From Hell, Jack connects several important historical and religious sites around London by drawing a pentacle on a map of the city. He explains the murders as a reinforcement of the pentacle’s “lines of power and meaning (...) this pentacle of sun gods, obelisks and rational male fire, within unconsciousness, the moon and womanhood are chained” (Moore 4.37). London becomes a ‘textbook’, a “literature of stone, of place-names and associations,” stretching back to the Romans and their pagan gods (Moore 4.9). Buck’s Row, the real location of the murder of Mary Ann Nichols, is pagan in origin; named for the deer that were sacrificed on the goddess Diana’s altars. However, Moore’s Whitechapel is also Hell itself, the result of Jack slipping further into insanity as the murders continue. From Hell is illustrated in black and white, which emphasises the shadows and darkness of Whitechapel. The buildings are indistinct scrawls of shadow, Jack often nothing more than a silhouette, forcing the reader to occupy the same “murky moral and spiritual darkness” that the Ripper does (Ferguson 58). Artist Eddie Campbell’s use of shade and shadow in his illustrations also contribute to the image of Whitechapel-as-Hell as a subterranean place. Therefore, in tracing the representations of Whitechapel in the London press and in Ripperature from 1888 onwards, the development of Whitechapel as a Gothic location becomes clear. From the geographical setting of the Ripper murders, Whitechapel has become a Gothic space, complicit in Jack’s work if not actively inspiring the murders. Whitechapel, although known to the public before the Ripper as a crime-ridden slum, developed into a Gothic space because of the murders, and continues to be associated with the Gothic in contemporary Ripperature as an uncanny and malevolent space “which seems to compel recognition as not of this earth" (Ackroyd 581). References Anonymous. “An Autumn Evening in Whitechapel.” Littell’s Living Age, 3 Nov. 1888. Anonymous. “The Nemesis of Neglect.” Punch, or the London Charivari, 29 Sep. 1888. Ackroyd, Peter. London: The Biography. Great Britain: Vintage, 2001. Brewer, John Francis. The Curse upon Mitre Square. London: Simpkin, Marshall and Co, 1888. De Quincey, Thomas. Confessions of an English Opium-Eater. Boston: Ticknor, Reed and Fields, 1850. Dimolianis, Spiro. Jack the Ripper and Black Magic: Victorian Conspiracy Theories, Secret Societies and the Supernatural Mystique of the Whitechapel Murders. North Carolina: McFarland and Co, 2011. Ferguson, Christine. “Victoria-Arcana and the Misogynistic Poetics of Resistance in Iain Sinclair’s White Chappell, Scarlet Tracings and Alan Moore’s From Hell.” Lit: Literature Interpretation Theory 20.1-2 (2009): 58. Harkness, Mary, In Darkest London. London: Hodder and Staughton, 1889. Hudson, Samuel E. Leather Apron; or, the Horrors of Whitechapel. London, Philadelphia, 1888. Johnstone, Lisa. “Rippercussions: Public Reactions to the Ripper Murders in the Victorian Press.” Casebook 15 July 2012. 18 Aug. 2014 ‹http://www.casebook.org/dissertations/rippercussions.html›. London, Jack. The People of the Abyss. New York: Lawrence Hill, 1905. Mayhew, Henry. London Labour and the London Poor, Volume 1. London: Griffin, Bohn and Co, 1861. Moore, Alan, Campbell, Eddie. From Hell: Being a Melodrama in Sixteen Parts. London: Knockabout Limited, 1999. Morrison, Arthur G. “Whitechapel.” The Palace Journal. 24 Apr. 1889. Odell, Robin. Ripperology: A Study of the World’s First Serial Killer and a Literary Phenomenon. Michigan: Sheridan Books, 2006. Paulden, Arthur. “Sensationalism and the City: An Explanation of the Ways in Which Locality Is Defined and Represented through Sensationalist Techniques in the Gothic Novels The Beetle and Dracula.” Innervate: Leading Undergraduate Work in English Studies 1 (2008-2009): 245. Phillips, Lawrence, and Anne Witchard. London Gothic: Place, Space and the Gothic Imagination. London: Continuum International, 2010. Poe, Edgar Allen. “The Man of the Crowd.” The Works of Edgar Allen Poe. Vol. 5. Raven ed. 15 July 2012. 18 Aug. 2014 ‹http://www.gutenberg.org/files/2151/2151-h/2151-h.htm›. Punter, David. A New Companion to the Gothic. Sussex: Blackwell Publishing, 2012. Stead, William Thomas. “The Maiden Tribute of Modern Babylon.” The Pall Mall Gazette, 6 July 1885. Sugden, Peter. The Complete History of Jack the Ripper. London: Robinson Publishing, 2002. Walkowitz, Judith R. City of Dreadful Delight: Narratives of Sexual Danger in Late-Victorian London, London: Virago, 1998. Woodford, Elizabeth. “Gothic City.” 15 July 2012. 18 Aug. 2014 ‹http://courses.nus.edu.au/sg/ellgohbh/gothickeywords.html›.

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

Edith and John Power were a wealthy expatriate Australian couple who lived in England and Europe from the early years of the 20th century until their deaths. In 1915 John Power married Edith Lee in London before serving as a surgeon on the Western Front in the Royal Army Medical Corps. After the war Edith and John left Britain to live in Paris and Brussels in the centre of a large international group of avant-garde artists. Edith, who was twelve years older than her husband, and had been married twice before (once widowed and once divorced), was to all accounts the driving force behind John's success as an artist -- he exhibited alongside Picasso, Braque and Kandinsky -- and the great love of his life. The following comes from a book-length fictionalised biography of their lives, narrated by Edith in the early 1960s when she was ninety-two years old. This extract comes from the part of the manuscript dealing with the Nazi Occupation of the Channel Island of Jersey in the second world war; the 'safe haven' to which the Powers had fled in 1938 when war threatened. The first winter under the Germans was very hard and there were reports of old people dying of starvation and exposure. Jack had terrible chilblains and we were both very thin. Cooking fat was only available for doctors to give to invalids, and one poor chap was so desperate that he used sump oil from his car to fry up some gull eggs, and poisoned himself. Sitting down to a plate of boiled potatoes I couldn't sometimes help but reminisce about the wonderful meals we had eaten in Paris and Brussels. How decadent they seemed -- oysters, poached salmon, grilled tournedos with asparagus or a roasted duck, then a glass of champagne, a slice or two of Ange à Cheval and some wild strawberries to finish off with. I also realised how petty all our worries had been up 'til then. We would be upset if the hotel we fancied was booked out for the summer, the bath water cold or a soufflé heavy. When the stock market dropped a point or two we were devastated, and Jack used to sulk for days when he had trouble with a painting or if his frames were not exactly as ordered, the moulding wrong, the gilding scratched or too bright. Such concerns seemed absurd when we faced death every day and misery and fear were all around us. Then the prisoners-of-war arrived from Russia, dressed in rags and even thinner than us. They suffered terribly, working impossibly hard every day on the railway and underground hospital, with nowhere proper to sleep and very little to eat. We felt so sorry for them, and admired those Islanders who, although it was a serious crime, sheltered them if they managed to escape. We had another dreadful reminder of just how awful the Germans could be when they started shooting anyone caught with a crystal radio set. By the summer of 1942 Jack was very ill, although he continued to deny anything was wrong. He finally confided in me just how dire things were one afternoon when we were sitting on the terrace. We were drinking the last of our English tea and discussing how wild the garden had become. One minute Jack was saying how much he enjoyed watching everything return to its natural state, the next he was telling me that he thought he had a cancerous tumour in his kidneys and should see a doctor. I listened in a daze as he detailed the possible treatments and his prognosis, which he anticipated to be poor. Then he stood, drank the dregs in his cup, kissed me and said he had to return to the studio. He had salvaged a piece of wood from somewhere to paint on and didn't want to lose the last light. I was stunned, not wanting to believe what he had told me. I never found out whether Jack suspected the cancer before the Occupation, but if he did, I can't understand why he didn't tell me. We could have gone back to England or over to Switzerland and seen the best doctors. This still puzzles me for Jack was never reticent to seek medical treatment. Tony even laughingly called Jack a hypochondriac, he was so careful with his health, but then again, I know Jack's father had hidden the same condition from his family some forty years before. For many years after the war Ceylon tea only ever tasted of trouble and dismay to me. Nowadays everyone wants to give me tea all the time, especially the nurses. I tell them I'd really like a stiff gin and tonic, but alcohol is another of life's pleasures denied to the elderly. If I could only get out of this bed, I'd get one for myself -- a big one. I have forgotten the name of that doctor we consulted a few days later, but I remember exactly what he said. He confirmed what Jack thought, that the tumours were in his kidneys, but added that they had possibly settled in his lungs as well. In a last (but futile) effort, my poor darling was operated on by this old fashioned surgeon who had to work in the most primitive conditions; without the drugs, anaesthetics or antiseptics he needed. By that time it was difficult to find soap whatever price you were willing to pay, and I gave him some fancy little rose scented tablets to wash up with before he cut Jack open. Jack had never been a fast healer and all the odds were against him; the strain of the advancing cancer, the inadequacy of our diet and the lack of proper medicines. The only foods we could obtain were quite coarse, there was no lean meat to make beef tea or eggs for milk puddings. Jack once said to me something to the effect that the ghastly jokes of fate are not always in the best of taste but they could be extremely witty. I never, however, found anything except the most savage cruelty in his situation, that such a highly trained surgeon had to endure such a crude assault on his body, and that a wealthy philanthropist could suffer so for the want of the most basic requirements of food, firewood and pain killers. My darling, who had been so dreadful when struck down with the slightest illness, was a model patient. It took a long time, but eventually he was able to leave his bed, and the first thing he did was to boil up his own analgesics, potent narcotics which he followed with a stiff whisky. When his condition deteriorated and I had to tend to all his most intimate needs, he was always good tempered and never made me feel I was humiliating or demeaning him. We grew closer than ever, but I knew our time was running out. In another cruel twist of fate Jack was only exempted from deportation to a German internment camp by the sick certificate. An order of 1942 decreed that all the British men not born on the Channel Islands, from the young boys of sixteen to poor old men of seventy, would be transferred to Germany. Thinking about it now, it seems bizarre that such a reasonable bureaucratic rule could regulate the Germans' inhumanity. My darling's last days are as clear in my memory as if they were yesterday. He lay in our yellow bedroom, looking out over the garden to the sea. I only left his side for the briefest periods, and slept in a chair by his bed. Early one morning I woke from an uneasy doze. I looked over to Jack. His face was grey and much too old for his sixty-two years, he was no longer the boy he had always been in my heart. Lying stiffly in the middle of the bed, arms by his side, eyes and lips closed, his breathing was so shallow that his chest hardly rose or fell. I wondered if he felt the weight of the blankets or heard the wind outside. Did he even know how I sat with him? I looked out over the garden. The vegetable patches dug in the chamomile lawn were flourishing, but the grass was long, the roses run to briars, the pond filled with sludge and rotting weeds. I wanted to lie beside my darling and hold him, just as I had each night for so many years, so after I had removed my shoes and placed them together under the bed, I pulled back the sheets and lay on my side facing Jack. He didn't move. I traced my finger across his cheekbones and down his nose to the mouth I had kissed so often. His skin was cool and very dry. I moved over and pressed my body close to his and as he made no sign that this was uncomfortable, I began to relax. The house was quiet and, for the first time in weeks, I sank into a peaceful sleep. When I woke, the soft light of late afternoon was filtering through the curtains. The breeze had dropped outside and I heard a lone bird calling for its mate. Most of the birds had been killed and I thought I would put out some potato bread for him. What depths we were reduced to in those days, eating the gentle creatures around us. It was rumoured that some desperate soul had roasted and eaten a hedgehog, but I still can't believe that was true. There were so many dreadful stories in those days, you never knew what to believe. My hand found Jack's. It was icy. I willed myself not to think of it, but I knew he was gone. I touched his cheek, my fingers slightly warming the cold flesh, then I put my arms right around him and pressed my face into his neck. We lay like that for a long time. Eventually I got up, tucked the blankets around him and closed the window. Downstairs I washed in cold water and dressed in black stockings, black slip and my best black dress. My black shoes were still under Jack's bed, so I laced on my tan brogues. I found my veiled black hat and put it on the sideboard. Even though I knew it was ridiculous, I felt uncomfortable wearing brown shoes with black and returned them to the cupboard. I looked around for my pearls, and realised I had left them upstairs too. I stood outside the bedroom door for some time before I could enter. Then I went in, raised the window and sat on the chair. I don't know what I thought about, but after some time the chirping of the little bird brought me back to the present. I bent and retrieved my shoes from under the bed and placed them beside the door. I could see my pearls lying in a shining mound on top of the blankets just below his hip. As I was picking them up I finally looked at Jack properly. His eyes were closed and his face was relaxed as if in a deep dreamless sleep. He looked years younger. He wore his favourite blue striped pyjamas from Jeremyn Street, but he was a stranger to me. I kissed him for the last time, then lifted the linen sheet to cover the face I had loved so much. I turned away, picked up my shoes and left the room, closing the door behind me. Although I hadn't noticed, that dreadful Sunday, the 1st of August 1943, had been a beautifully hot summer's day, just the sort of day Jack had always loved. Citation reference for this article MLA style: Donna Lee Brien. "Just the Sort of Day Jack Had Always Loved." M/C: A Journal of Media and Culture 2.8 (1999). [your date of access] <http://www.uq.edu.au/mc/9912/day.php>. Chicago style: Donna Lee Brien, "Just the Sort of Day Jack Had Always Loved," M/C: A Journal of Media and Culture 2, no. 8 (1999), <http://www.uq.edu.au/mc/9912/day.php> ([your date of access]). APA style: Donna Lee Brien. (1999) Just the sort of day Jack had always loved. M/C: A Journal of Media and Culture 2(8). <http://www.uq.edu.au/mc/9912/day.php> ([your date of access]).

IntroductionThey shall grow not old, as we that are left grow old; Age shall not weary them, nor the years condemn. At the going down of the sun and in the morning We will remember them.Recited at many Anzac and Remembrance Day services, ‘The Ode’, an excerpt from a poem by Laurence Binyon, speaks of a timelessness within the inexorable march of time. When we memorialise those for whom time no longer matters, time stands still. Whether those who died in service of their country have finally “beaten time” or been forced to acknowledge that “their time on earth was up”, depends on your preference for clichés. Time and death are natural bedfellows. War memorials, be they physical or digital, declare a commitment to “remember them”. This article will compare and contrast the purpose of, and community response to, virtual and physical war memorials. It will examine whether virtual war memorials are a sign of the times – a natural response to the internet era. If, as Marshall McLuhan says, the medium is the message, what experiences do we gain and lose through online war memorials?Physical War MemorialsDuring and immediately after the First World War, physical war memorials were built in almost every city, town and village of the Allied countries involved in the war. They served many purposes. One of the roles of physical war memorials was to keep the impact of war at the centre of a town’s consciousness. In a regional centre like Bathurst, in New South Wales, the town appears to be built around the memorial – the court, council chambers, library, churches and pubs gather around the war memorials.Similarly, in small towns such as Bega, Picton and Kiama, war memorial arches form a gateway to the town centre. It is an architectural signal that you are entering a community that has known pain, death and immense loss. Time has passed, but the names of the men and women who served remain etched in stone: “lest we forget”.The names are listed in a democratic fashion: usually in alphabetical order without their rank. However, including all those who offered their service to “God, King and Country” (not just those who died) also had a more sinister and divisive effect. It reminded communities of those “eligibles” in their midst whom some regarded as “shirkers”, even if they were conscientious objectors or needed to stay and continue vital industries, like farming (Inglis & Phillips 186).Ken Inglis (97) estimated that every second Australian family was in mourning after the Great War. Jay Winter (Sites 2) goes further arguing that “almost every family” in the British Commonwealth was grieving, either for a relative; or for a friend, work colleague, neighbour or lover. Nations were traumatised. Physical war memorials provided a focal point for that universal grief. They signalled, through their prominence in the landscape or dominance of a hilltop, that it was acceptable to grieve. Mourners were encouraged to gather around the memorial in a public place, particularly on Anzac Day and Remembrance Day each year. Grief was seen, observed, respected.Such was the industrial carnage of the Western Front, that about one third of Australia and New Zealand’s fatal casualties were not brought home. Families lost a family member, body and soul, in the Great War. For those people who subscribed to a Victorian view of death, who needed a body to grieve over, the war memorial took on the role of a gravesite and became a place where people would place a sprig of wattle, poke a poppy into the crevice beside a name, or simply touch the letters etched or embossed in the stone (Winter, Experience 206). As Ken Inglis states: “the statue on its pedestal does stand for each dead man whose body, identified or missing, intact or dispersed, had not been returned” to his home town (11).Physical war memorials were also a place where women could forge new identities over time. Women accepted, or claimed their status as war widows, grieving mothers or bereft fiancés, while at the same time coming to terms with their loss. As Joy Damousi writes: “mourning of wartime loss involved a process of sustaining both a continuity with, and a detachment from, a lost soldier” (1). Thus, physical war memorials were transitional, liminal spaces.Jay Winter (Sites 85) believes that physical war memorials were places to both honour and mourn the dead, wounded, missing and shell-shocked. These dual functions of both esteeming and grieving those who served was reinforced at ceremonies, such as Anzac or Remembrance Day.As Joy Damousi (156) and Ken Inglis (457, 463) point out, war memorials in Australia are rarely sites of protest, either for war widows or veterans campaigning for a better pension, or peace activists who opposed militarism. When they are used in this way, it makes headlines in the news (Legge). They are seldom used to highlight the tragedy, inhumanity or futility of war. The exception to this, were the protests against the Vietnam War.The physical war memorials which mushroomed in Australian country towns and cities after the First World War captured and claimed those cataclysmic four years for the families and communities who were devastated by the war. They provided a place to both honour and mourn those who served, not just once, but for as long as the memorial remained. They were also a place of pilgrimage, particularly for families who did not have a grave to visit and a focal point for the annual rituals of remembrance.However, over the past 100 years, some unmaintained physical war memorials are beginning to look like untended graves. They have become obstacles rather than sentinels in the landscape. Laurence Aberhart’s haunting photographs show that memorials in places like Dorrigo in rural New South Wales “go largely unnoticed year-round, encroached on by street signage and suburbia” (Lakin 49). Have physical war memorials largely fulfilled their purpose and are they becoming obsolete? Perhaps they have been supplanted by the gathering space of the 21st century: the Internet.Digital War MemorialsThe centenary of the Great War heralded a mushrooming of virtual war memorials. Online First World War memorials focus on collecting and amassing information that commemorates individuals. They are able to include far more information than will fit on a physical war memorial. They encourage users to search the digitised records that are available on the site and create profiles of people who served. While they deal in records from the past, they are very much about the present: the user experience and their connection to their ancestors who served.The Imperial War Museum’s website Lives of the First World War asks users to “help us build the permanent digital memorial to all who contributed during the First World War”. This request deserves scrutiny. Firstly, “permanent” – is this possible in the digital age? When the head of Google, Vint Cerf, disclosed in 2015 that software programming wizards were still grappling with how to create digital formats that can be accessed in 10, 100 or a 1000 years’ time; and recommended that we print out our precious digital data and store it in hard copy or risk losing it forever; then it appears that online permanency is a mirage.Secondly, “all who contributed” – the website administrators informed me that “all” currently includes people who served with Canada and Britain but the intention is to include other Commonwealth nations. It seems that the former British Empire “owns” the First World War – non-allied, non-Commonwealth nations that contributed to the First World War will not be included. One hundred years on, have we really made peace with Germany and Turkey? The armistice has not yet spread to the digital war memorial. The Lives of the First world War website missed an opportunity to be leaders in online trans-national memorialisation.Discovering Anzacs, a website built by the National Archives of Australia and Archives New Zealand, is a little more subdued and honest, as visitors are invited to “enhance a profile dedicated to the wartime journey of someone who served”.Physical and online war memorials can work in tandem. In 2015, the Supreme Court of Victoria created a website that provides background information on the military service of the 159 members of the legal profession who are named on their Memorial board. This is an excellent example of a digital medium expanding on and reinvigorating a physical memorial.It is noteworthy that all of these online memorial websites commemorate those who served in the First World War, and sometimes the Boer or South African War. There is no space for remembering those who served or died in more recent wars like Afghanistan or Iraq. James Brown and others discuss how the cult of Anzac is overshadowing the service and sacrifices of the men and women who have been to more recent wars. The proximity of their service mitigates against its recognition – it is too close for comfortable, detached remembrance.Complementary But Not ExclusiveA comparison of their functions indicates that online memorials which focus on the First World War complement, but will never replace the role of physical war memorials. As discussed, physical war memorials were sites for grieving, pilgrimage and collectively honouring the men and women who served and died. Online websites which allow users to upload scanned documents and photographs; transcribe diary entries or letters; post tribute poems, songs or video clips; and provide links to other relevant records online are neither places of pilgrimage nor sites for grieving. They are about remembrance, not memory (Scates, “Finding” 221).Ken Inglis describes physical war memorials as “bearers of collective memory” (7). In a sense, online war memorials are keepers of individual, user-enhanced archival records. It can be argued that online memorials to the First World War tap into the desire for hero-worship, the boom in family history research and what Scates calls the “cult of remembrance” (“Finding” 218). They provide a way for individuals, often two or three generations removed, to discover, understand and document the wartime experiences of individuals in their family. By allowing descendants to situate their family story within the larger, historically significant narrative of the First World War, online memorials encourage people to feel that the suffering and untimely death of their forbear wasn’t in vain – that it contributed to something worthwhile and worth remembering. At a collective level, this contributes to the ANZAC myth and former Australian Prime Minister John Howard’s attempt to use it as a foundational myth for Australia’s nationhood.Kylie Veale (9) argues that cyberspace has encouraged improvements on traditional memorial practices because online memorials can be created in a more timely fashion, they are more affordable and they are accessible and enable the sharing of grief and bereavement on a global scale. As evidence of this, an enterprising group in the USA has developed an android app which provides a template for creating an online memorial. They compete with Memorialsonline.com. Veale’s arguments remind us that the Internet is a hyper-democratic space where interactions and sites that are collaborative or contemplative exist alongside trolling and prejudice. Veale also contends that memorial websites facilitate digital immortality, which helps keep the memory of the deceased alive. However, given the impermanence of much of the content on the Internet, this final attribute is a bold claim.It is interesting to compare the way individual soldiers are remembered prior to and after the arrival of the Internet. Now that it is possible to create a tribute website, or Facebook page in memory of someone who served, do families do this instead of creating large physical scrapbooks or photo albums? Or do they do both? Garry Roberts created a ‘mourning diary’ as a record of his journey of agonising grief for his eldest son who died in 1918. His diary consists of 27 scrapbooks, weighing 10 kilograms in total. Pat Jalland (318) suggests this helped Roberts to create some sort of order out of his emotional turmoil. Similarly, building websites or digital tribute pages can help friends and relatives through the grieving process. They can also contribute the service person’s story to official websites such as those managed by the Australian Defence Forces. Do grieving family members look up a website or tribute page they’ve created in the same way that they might open up a scrapbook and remind themselves of their loved one? Kylie Veale’s research into online memorials created for anyone who has died, not necessarily those killed by war, suggests online memorials are used in this way (5).Do grieving relatives take comfort from the number of likes, tags or comments on a memorial or tribute website, in the same way that they might feel supported by the number of people who attend a memorial service or send a condolence card? Do they archive the comments? Garry Roberts kept copies of the letters of sympathy and condolence that he received from friends and relatives after his son’s tragic death and added them to his 27 scrapbooks.Both onsite and online memorials can suffer from lack of maintenance and relevance. Memorial websites can become moribund like untended headstones in a graveyard. Once they have passed their use as a focal point of grief, a place to post tributes; they can languish, un-updated and un-commented on.Memorials and PilgrimageOne thing that online memorials will never be, however, are sites of pilgrimage or ritual. One does not need to set out on a journey to visit an online memorial. It is as far away as your portable electronic device. Online memorials cannot provide the closure or sense of identity and community that comes from visiting a memorial or gravesite.This was evident in December 2014 when people felt the need to visit the Lindt Café in Sydney’s Martin Place after the terrorist siege and lay flowers and tributes. While there were also Facebook tribute pages set up for these victims of violence, mourners still felt the need to visit the sites. A permanent memorial to the victims of the siege has now opened in Martin Place.Do people gather around a memorial website for the annual rituals which take place on Anzac or Remembrance Day, or the anniversaries of significant battles? In 2013, the Australian War Memorial (AWM) saw a spike in people logging onto the Memorial’s Remembrance Day web page just prior to 11am. They left the site immediately after the minute’s silence. The AWM web team think they were looking for a live broadcast of the Remembrance Day service in Canberra. When that wasn’t available online, they chose to stay on the site until after the minute’s silence. Perhaps this helped them to focus on the reason for Remembrance Day. Perhaps, as Internet speeds get faster, it will be possible to conduct your own virtual ceremony in real time with friends and family in cyberspace.However, I cannot imagine a time when visiting dignitaries from other countries will post virtual wreaths to virtual war memorials. Ken Inglis argues that the tomb of the Unknown Soldier in the AWM has become the ritual centre of the Australian nation, “receiving obligatory wreaths from every visiting head of state” (459).Physical and Online Memorials to the War in AfghanistanThere are only eight physical war memorials to the Afghanistan conflict in Australia, even though this is the longest war Australia has been involved in to date (2001-2015). Does the lack of physical memorials to the war in Afghanistan mean that our communities no longer need them, and that people are memorialising online instead?One grieving father in far north Queensland certainly felt that an online memorial would never suffice. Gordon Chuck’s son, Private Benjamin Chuck, was killed in a Black Hawk helicopter crash in Afghanistan in 2010 when he was only 27 years old. Spurred by his son’s premature death, Gordon Chuck rallied family, community and government support, in the tiny hinterland town of Yungaburra, west of Cairns in Queensland, to establish an Avenue of Honour. He knocked on the doors of local businesses, the Returned Servicemen’s League (RSL), the Australian Defence Forces and every level of government to raise $300,000. His intention was to create a timeless memorial of world standard and national significance. On 21 June 2013, the third anniversary of his son’s death, the Chief of the Defence Force and the Prime Minister formally opened the Avenue of Honour in front of “thousands” of people (Nancarrow).Diggers from Afghanistan who have visited the Yungaburra Avenue of Honour speak of the closure and sense of healing it gave them (Nancarrow). The Avenue, built on the shores of Lake Tinaroo, features parallel rows of Illawarra flame trees, whose red blossoms are in full bloom around Remembrance Day and symbolise the blood and fire of war and the cycle of life. It commemorates all the Australian soldiers who have died in the Afghanistan war.The Avenue of Honour, and the memorial in Martin Place clearly demonstrate that physical war memorials are not redundant. They are needed and cherished as sites of grief, hope and commemoration. The rituals conducted there gather gravitas from the solemnity that falls when a sea of people is silent and they provide healing through the comfort of reverent strangers.ConclusionEven though we live in an era when most of us are online every day of our lives, it is unlikely that virtual war memorials will ever supplant their physical forebears. When it comes to commemorating the First World War or contemporary conflicts and those who fought or died in them, physical and virtual war memorials can be complementary but they fulfil fundamentally different roles. Because of their medium as virtual memorials, they will never fulfil the human need for a place of remembrance in the real world.ReferencesBinyon, Laurence. “For the Fallen.” The Times. 21 Sep. 1914. 7 Oct. 2019 <https://www.army.gov.au/our-history/traditions/for-the-fallen>.Brown, James. Anzac’s Long Shadow. Sydney: Black Inc., 2014.Damousi, Joy. The Labour of Loss. Great Britain: Cambridge UP, 1999.Hunter, Kathryn. “States of Mind: Remembering the Australian-New Zealand Relationship.” Journal of the Australian War Memorial 36 (2002). 7 Oct. 2019 <https://www.awm.gov.au/articles/journal/j36/nzmemorial>.Inglis, Ken. Sacred Places: War Memorials in the Australian Landscape. Melbourne: Melbourne UP, 1998.Inglis, Ken, and Jock Phillips. “War Memorials in Australia and New Zealand: A Comparative Survey.” Australian Historical Studies 24.96 (1991): 179-191.Jalland, Pat. Australian Ways of Death: A Social and Cultural History 1840-1918. London: Oxford University Press, 2002.Knapton, Sarah. “Print Out Digital Photos or Risk Losing Them, Google Boss Warns.” Telegraph 13 Feb. 2015. 7 Oct. 2019 <http://www.telegraph.co.uk/news/science/science-news/11410506/Print-out-digital-photos-or-risk-losing-them-Google-boss-warns.html>.Lakin, Shaune. “Laurence Aberhart ANZAC.” Artlink 35.1 (2015): 48-51.Legge, James. “Vandals Deface Two London War Memorials with ‘Islam’ Graffiti”. Independent 27 May 2013. 7 Oct. 2019 <https://www.independent.co.uk/news/uk/crime/vandals-deface-two-london-war-memorials-with-islam-graffiti-8633386.html>.Luckins, Tanya. The Gates of Memory. Fremantle, WA: Curtin University Books, 2004.McLuhan, Marshall. Understating Media: The Extensions of Man. New York: Mentor, 1964.McPhedran, Ian. “Families of Dead Soldiers Angered after Defence Chief David Hurley Donates Memorial Plinth to Avenue of Honour.” Cairns Post 7 June 2014. 7 Oct. 2019 <http://www.cairnspost.com.au/news/cairns/families-of-dead-soldiers-angered-after-defence-chief-david-hurley-donates-memorial-plinth-to-avenue-of-honour/story-fnjpusyw-1226946540125>.McPhedran, Ian. “Backflip over Donation of Memorial Stone from Afghanistan to Avenue of Honour at Yungaburra.” Cairns Post 11 June 2014. 7 Oct. 2019 <http://www.cairnspost.com.au/news/cairns/backflip-over-donation-of-memorial-stone-from-afghanistan-to-avenue-of-honour-at-yungaburra/story-fnkxmm0j-1226950508126>.Ministry for Culture and Heritage. “Interpreting First World War Memorials.” Updated 4 Sep. 2014. <http://www.nzhistory.net.nz/war/interpreting-first-world-war-memorials>.Nancarrow, Kirsty. “Thousands Attend Opening of Avenue of Honour, a Memorial to Diggers Killed in Afghanistan”. ABC News 7 Nov. 2014. 2 Oct. 2014 <http://www.abc.net.au/news/2013-06-22/avenue-of-honour-remembers-fallen-diggers/4773592>.Scates, Bruce. “Finding the Missing of Fromelles: When Soldiers Return.” Anzac Legacies: Australians and the Aftermath of War. Eds. Martin Crotty and Marina Larsson. Melbourne: Australian Scholarly Publishing, 2010. 212-231.Scates, Bruce. “Soldiers’ Journeys: Returning to the Battlefields of the Great War.” Journal of the Australian War Memorial 40 (2007): n.p.Scott, Ernest. Australia during the War: The Official History of Australia in the War of 1914–1918. Vol. XI. Sydney: Angus and Robertson, 1941.Stanley, Peter. “Ten Kilos of First World War Grief at the Melbourne Museum.” The Conversation 27 Aug. 2014. 10 Oct. 2019 <https://theconversation.com/ten-kilos-of-first-world-war-grief-at-the-melbourne-museum-30362>.Veale, Kylie. “Online Memorialisation: The Web as a Collective Memorial Landscape for Remembering the Dead.” Fibreculture Journal 3 (2004). 7 Oct. 2019 <http://three.fibreculturejournal.org/fcj-014-online-memorialisation-the-web-as-a-collective-memorial-landscape-for-remembering-the-dead/>.Winter, Jay. Sites of Memory, Sites of Mourning. Cambrigde: Cambridge UP, 1995.———. The Experience of World War I. London: Macmillan, 1988.

There is a disparity between expectations that the members of a community will work together for the common good — and the stark reality that human beings form into groups, or parties, to engage in conflict with each other. This is particularly the case in so-called popular governments that include some wider political involvement by the people. In ancient Greece stasis, or endemic conflict between the democratic and oligarchic elements of a city was very common. Likewise, the late Roman Republic maintained a division between the populares and the optimates. In both cases there was violence as both sides battled for dominance. For example, in late republican Rome street gangs formed that employed intimidation and violence for political ends.In seventeenth century England there was conflict between those who favoured royal authority and those who wished to see more power devolved to parliament, which led to Civil War in the 1640s. Yet the English ideal, as expressed by The Book of Common Prayer (1549; and other editions) was that the country be quietly governed. It seemed perverse that the members of the body politic should be in conflict with each other. By the late seventeenth century England was still riven by conflict between two groups which became designated as the Whigs and the Tories. The divisions were both political and religious. Most importantly, these divisions were expressed at the local level, in such things as the struggle for the control of local corporations. They were not just political but could also be personal and often turned nasty as families contended for local control. The mid seventeenth century had been a time of considerable violence and warfare, not only in Europe and England but across Eurasia, including the fall of the Ming dynasty in China (Parker). This violence occurred in the wake of a cooler climate change, bringing in its wake crop failure followed by scarcity, hunger, disease and vicious warfare. Millions of people died.Conditions improved in the second half of the seventeenth century and countries slowly found their way to a new relative stability. The Qing created a new imperial order in China. In France, Louis XIV survived the Fronde and his answer to the rage and divisions of that time was the imposition of an autocratic and despotic state that simply prohibited the existence of divisions. Censorship and the inquisition flourished in Catholic Europe ensuring that dissidence would not evolve into violence fuelled by rage. In 1685, Louis expelled large numbers of Protestants from France.Divisions did not disappear in England at the end of the Civil War and the Restoration of Charles II. Initially, it appears that Charles sought to go down the French route. There was a regulation of ideas as new laws meant that the state licensed all printed works. There was an attempt to impose a bureaucratic authoritarian state, culminating in the short reign of James II (Pincus, Ertman). But its major effect, since the heightened fear of James’ Catholicism in Protestant England, was to stoke the ‘rage of party’ between those who supported this hierarchical model of social order and those who wanted political power less concentrated (Knights Representation, Plumb).The issue was presumed to be settled in 1688 when James was chased from the throne, and replaced by the Dutchman William and his wife Mary. In the official language of the day, liberty had triumphed over despotism and the ‘ancient constitution’ of the English had been restored to guarantee that liberty.However, three major developments were going on in England by the late seventeenth century: The first is the creation of a more bureaucratic centralised state along the lines of the France of Louis XIV. This state apparatus was needed to collect the taxes required to finance and administer the English war machine (Pincus). The second is the creation of a genuinely popular form of government in the wake of the expulsion of James and his replacement by William of Orange (Ertman). This means regular parliaments that are elected every three years, and also a free press to scrutinise political activities. The third is the development of financial institutions to enable the war to be conducted against France, which only comes to an end in 1713 (Pincus). Here, England followed the example of the Netherlands. There is the establishment of the bank of England in 1694 and the creation of a national debt. This meant that those involved in finance could make big profits out of financing a war, so a new moneyed class developed. England's TransformationIn the 1690s as England is transformed politically, religiously and economically, this develops a new type of society that unifies strong government with new financial institutions and arrangements. In this new political configuration, the big winners are the new financial elites and the large (usually Whig) aristocratic landlords, who had the financial resources to benefit from it. The losers were the smaller landed gentry who were taxed to pay for the war. They increasingly support the Tories (Plumb) who opposed both the war and the new financial elites it helped to create; leading to the 1710 election that overwhelmingly elected a Tory government led by Harley and Bolingbroke. This government then negotiated the Treaty of Utrecht in 1713, with the Whigs retaining a small minority.History indicates that the post-1688 developments do not so much quell the ‘rage of party’ as encourage it and fan the fires of conflict and discontent. Parliamentary elections were held every three years and could involve costly, and potentially financially ruinous, contests between families competing for parliamentary representation. As these elections involved open voting and attempts to buy votes through such means as wining and dining, they could be occasions for riotous behaviour. Regular electoral contests, held in an electorate that was much larger than it would be one hundred years later, greatly heightened the conflicts and kept the political temperature at a high.Fig. 1: "To Him Pudel, Bite Him Peper"Moreover, there was much to fuel this conflict and to ‘maintain the rage’: First, the remodelling of the English financial system combined with the high level of taxation imposed largely on the gentry fuelled a rage amongst this group. This new world of financial investments was not part of their world. They were extremely suspicious of wealth not derived from landed property and sought to limit the power of those who held such wealth. Secondly, the events of 1688 split the Anglican Church in two (Pincus). The opponents of the new finance regimes tended also to be traditional High Church Anglicans who feared the newer, more tolerant government policy towards religion. Finally, the lapsing of the Licensing Act in 1695 meant that the English state was no longer willing to control the flow of information to the public (Kemp). The end result was that England in the 1690s became something akin to a modern public culture in which there was a relatively free flow of political information, constant elections held with a limited, but often substantial franchise, that was operating out of a very new commercial and financial environment. These political divisions were now deeply entrenched and very real passion animated each side of the political divide (Knights Devil).Under these circumstances, it was not possible simply to stamp out ‘the rage’ by the government repressing the voices of dissent. The authoritarian model for creating public conformity was not an option. A mechanism for lowering the political and religious temperature needed to arise in this new society where power and knowledge were diffused rather than centrally concentrated. Also, the English were aided by the return to a more benign physical environment. In economic terms it led to what Fischer terms the equilibrium of the Enlightenment. The wars of Louis XIV were a hangover from the earlier more desperate age; they prolonged the crisis of that age. Nevertheless, the misery of the earlier seventeenth century had passed. The grim visions of Calvinism (and Jansenism) had lost their plausibility. So the excessive violence of the 1640s was replaced by a more tepid form of political resistance, developing into the first modern expression of populism. So, the English achieved what Plumb calls ‘political stability’ were complex (1976), but relied on two things. The first was limiting the opportunity for political activity and the second was labelling political passion as a form of irrational behaviour – as an unsatisfactory or improper way of conducting oneself in the world. Emotions became an indulgence of the ignorant, the superstitious and the fanatical. This new species of humanity was the gentleman, who behaved in a reasonable and measured way, would express a person commensurate with the Enlightenment.This view would find its classic expression over a century later in Macaulay’s History of England, where the pre-1688 English squires are now portrayed in all their semi-civilised glory, “his ignorance and uncouthness, his low tastes and gross phrases, would, in our time, be considered as indicating a nature and a breeding thoroughly plebeian” (Macaulay 244). While the Revolution of 1688 is usually portrayed as a triumph of liberty, as stated, recent scholarship (Pincus, Ertman) emphasises how the attempts by both Charles and James to build a more bureaucratic state were crucial to the development of eighteenth century England. England was not really a land of liberty that kept state growth in check, but the English state development took a different path to statehood from countries such as France, because it involved popular institutions and managed to eliminate many of the corrupt practices endemic to a patrimonial regime.The English were as interested in ‘good police’, meaning the regulation of moral behaviour, as any state on the European continent, but their method of achievement was different. In the place of bureaucratic regulation, the English followed another route, later be termed in the 1760s as ‘civilisation’ (Melleuish). So, the Whigs became the party of rationality and reasonableness, and the Whig regime was Low Church, which was latitudinarian and amenable to rationalist Christianity. Also, the addition of the virtue and value of politeness and gentlemanly behaviour became the antidote to the “rage of party’”(Knights Devil 163—4) . The Whigs were also the party of science and therefore, followed Lockean philosophy. They viewed themselves as ‘reasonable men’ in opposition to their more fanatically inclined opponents. It is noted that any oligarchy, can attempt to justify itself as an ‘aristocracy’, in the sense of representing the ‘morally’ best people. The Whig aristocracy was more cosmopolitan, because its aristocrats had often served the rulers of countries other than England. In fact, the values of the Whig elite were the first expression of the liberal cosmopolitan values which are now central to the ideology of contemporary elites. One dimension of the Whig/Tory split is that while the Whig aristocracy had a cosmopolitan outlook as more proto-globalist, the Tories remained proto-nationalists. The Whigs became simultaneously the party of liberty, Enlightenment, cosmopolitanism, commerce and civilised behaviour. This is why liberty, the desire for peace and ‘sweet commerce’ came to be identified together. The Tories, on the other hand, were the party of real property (that is to say land) so their national interest could easily be construed by their opponents as the party of obscurantism and rage. One major incident illustrates how this evolved.The Trial of the High Church Divine Henry Sacheverell In 1709, the High Church Divine Henry Sacheverell preached a fiery sermon attacking the Whig revolutionary principles of resistance, and advocated obedience and unlimited submission to authority. Afterwards, for his trouble he was impeached before the House of Lords by the Whigs for high crimes and misdemeanours (Tryal 1710). As Mark Knights (6) has put it, one of his major failings was his breaching of the “Whig culture of politeness and moderation”. The Whigs also disliked Sacheverell for his charismatic appeal to women (Nicholson). He was found guilty and his sermons ordered to be burned by the hangman. But Sacheverell became simultaneously a martyr and a political celebrity leading to a mass outpouring of printed material (Knights Devil 166—186). Riots broke out in London in the wake of the trial’s verdict. For the Whigs, this stood as proof of the ‘rage’ that lurked in the irrational world of Toryism. However, as Geoffrey Holmes has demonstrated, these riots were not aimless acts of mob violence but were directed towards specific targets, in particular the meeting houses of Dissenters. History reveals that the Sacheverell riots were the last major riots in England for almost seventy years until the Lord Gordon anti-Catholic riots of 1780. In the short term they led to an overwhelming Tory victory at the 1710 elections, but that victory was pyrrhic. With the death of Queen Anne, followed by the accession of the Hanoverians to the throne, the Whigs became the party of government. Some Tories, such as Bolingbroke, panicked, and fled to France and the Court of the Pretender. The other key factor was the Treaty of Utrecht, brokered on England’s behalf by the Tory government of Harley and Bolingbroke that brought the Civil war to an end in 1713. England now entered an era of peace; there remained no longer the need to raise funds to conduct a war. The war had forced the English state to both to consolidate and to innovate.This can be viewed as the victory of the party of ‘politeness and moderation’ and the Enlightenment and hence the effective end of the ‘rage of party’. Threats did remain by the Pretender’s (James III) attempt to retake the English throne, as happened in 1715 and 1745, when was backed by the barbaric Scots.The Whig ascendancy, the ascendancy of a minority, was to last for decades but remnants of the Tory Party remained, and England became a “one-and one-half” party regime (Ertman 222). Once in power, however, the Whigs utilised a number of mechanisms to ensure that the age of the ‘rage of party’ had come to an end and would be replaced by one of politeness and moderation. As Plumb states, they gained control of the “means of patronage” (Plumb 161—88), while maintaining the ongoing trend, from the 1680s of restricting those eligible to vote in local corporations, and the Whigs supported the “narrowing of the franchise” (Plumb 102—3). Finally, the Septennial Act of 1717 changed the time between elections from three years to seven years.This lowered the political temperature but it did not eliminate the Tories or complaints about the political, social and economic path that England had taken. Rage may have declined but there was still a lot of dissent in the newspapers, in particular in the late 1720s in the Craftsman paper controlled by Viscount Bolingbroke. The Craftsman denounced the corrupt practices of the government of Sir Robert Walpole, the ‘robinocracy’, and played to the prejudices of the landed gentry. Further, the Bolingbroke circle contained some major literary figures of the age; but not a group of violent revolutionaries (Kramnick). It was true populism, from ideals of the Enlightenment and a more benign environment.The new ideal of ‘politeness and moderation’ had conquered English political culture in an era of Whig dominance. This is exemplified in the philosophy of David Hume and his disparagement of enthusiasm and superstition, and the English elite were also not fond of emotional Methodists, and Charles Wesley’s father had been a Sacheverell supporter (Cowan 43). A moderate man is rational and measured; the hoi polloi is emotional, faintly disgusting, and prone to rage.In the End: A Reduction of Rage Nevertheless, one of the great achievements of this new ideal of civility was to tame the conflict between political parties by recognising political division as a natural part of the political process, one that did not involve ‘rage’. This was the great achievement of Edmund Burke who, arguing against Bolingbroke’s position that 1688 had restored a unified political order, and hence abolished political divisions, legitimated such party divisions as an element of a civilised political process involving gentlemen (Mansfield 3). The lower orders, lacking the capacity to live up to this ideal, were prone to accede to forces other than reason, and needed to be kept in their place. This was achieved through a draconian legal code that punished crimes against property very severely (Hoppit). If ‘progress’ as later described by Macaulay leads to a polite and cultivated elite who are capable of conquering their rage – so the lower orders need to be repressed because they are still essentially barbarians. This was echoed in Macaulay’s contemporary, John Stuart Mill (192) who promulgated Orientals similarly “lacked the virtues” of an educated Briton.In contrast, the French attempt to impose order and stability through an authoritarian state fared no better in the long run. After 1789 it was the ‘rage’ of the ‘mob’ that helped to bring down the French Monarchy. At least, that is how the new cadre of the ‘polite and moderate’ came to view things.ReferencesBolingbroke, Lord. Contributions to the Craftsman. Ed. Simon Varney. Oxford: Oxford UP, 1982.Cowan, Brian. “The Spin Doctor: Sacheverell’s Trial Speech and Political Performance in the Divided Society.” Faction Displayed: Reconsidering the Impeachment of Dr Henry Sacheverell. Ed. Mark Knights. Chichester: Wiley-Blackwell, 2012. 28-46.Ertman, Thomas. Birth of the Leviathan: Building States and Regimes in Medieval and Early Modern Europe. Cambridge: Cambridge UP, 1997.Fischer, David Hackett. The Great Wave: Price Revolutions and the Rhythm of History, New York: Oxford UP, 1996.Holmes, Geoffrey. “The Sacheverell Riots: The Crowd and the Church in Early Eighteenth-Century London.” Past and Present 72 (Aug. 1976): 55-85.Hume, David. “Of Superstition and Enthusiasm.” Essays, Moral, Political, and Literary. Indianapolis: Liberty Fund, 1985. 73-9. Hoppit, Julian. A Land of Liberty? England 1689—1727, Oxford: Oxford UP, 2000.Kemp, Geoff. “The ‘End of Censorship’ and the Politics of Toleration, from Locke to Sacheverell.” Faction Displayed: Reconsidering the Impeachment of Dr Henry Sacheverell. Ed. Mark Knights. Chichester: Wiley-Blackwell, 2012. 47-68.Knights, Mark. Representation and Misrepresentation in Later Stuart Britain. Oxford: Oxford UP, 2005.———. The Devil in Disguise: Deception, Delusion, and Fanaticism in the Early English Enlightenment. Oxford: Oxford UP, 2011.———. “Introduction: The View from 1710.” Faction Displayed: Reconsidering the Impeachment of Dr Henry Sacheverell. Ed. Mark Knights. Chichester: Wiley-Blackwell, 2012. 1-15.Kramnick, Isaac. Bolingbroke & His Circle: The Politics of Nostalgia in the Age of Walpole. Ithaca: Cornell UP, 1992.Macaulay, Thomas Babington. The History of England from the Accession of James II. London: Folio Society, 2009.Mansfield, Harvey. Statesmanship and Party Government: A Study of Burke and Bolingbroke. Chicago: U of Chicago P, 1965.Melleuish, Greg. “Civilisation, Culture and Police.” Arts 20 (1998): 7-25.Mill, John Stuart. On Liberty, Representative Government, the Subjection of Women. London: Oxford UP, 1971.Nicholson, Eirwen. “Sacheverell’s Harlot’s: Non-Resistance on Paper and in Practice.” Faction Displayed: Reconsidering the Impeachment of Dr Henry Sacheverell. Ed. Mark Knights. Chichester: Wiley-Blackwell, 2012. 69-79.Parker, Geoffrey. Global Crisis: War, Climate Change & Catastrophe in the Seventeenth Century. New Haven: Yale UP, 2013.Pincus, Steve. 1688: The First Modern Revolution. New Haven: Yale UP, 2009.Plumb, John H. The Growth of Political Stability in England 1675–1725. Harmondsworth: Penguin, 1973.The Tryal of Dr Henry Sacheverell before the House of Peers, 1st edition. London: Jacob Tonson, 1710.

BASTARDYAll children born before matrimony, or so long after the death of the husband as to render it impossible that the child could be begotten by him, are bastards.– Cro. Jac. 451William Toone: The Magistrates Manual, 1817 (66)On 4 September 1832, the body of a newborn baby boy was found washed up on the shore at the port town of Fremantle, Western Australia. As the result of an inquest into the child’s suspicious death, a 20-year-old, unmarried woman named Mary Summerland was accused of concealing his birth. In October 2014, 25-year-old Irish backpacker Caroline Quinn faced court in Perth, Western Australia, over claims that she concealed the birth of her stillborn child after giving birth in the remote north west town of Halls Creek during May of the same year. Both women denied the existence of their children, both appear to have given birth to their “illegitimate” babies alone, and both women claimed that they did not know that they had ever been pregnant at all. In addition, both women hid the body of their dead child for several days while the people they lived with or were close to, did not appear to notice that the mother of the child had had a baby. In neither case did any person associated with either woman seek to look for the missing child after it had been born.Despite occurring 182 years apart, the striking similarities between these cases could lead to the assumption that it is almost as if there were a written script of behaviour that would explain the actions of both young women. Close examination of the laws surrounding child murder, infanticide and concealment of birth reveals evidence of similar behaviours being enacted by women as far back as the 1600s (and earlier), and all are shaped in response to the legal frameworks that prosecuted women who gave birth outside of marriage.This article traces the history of child murder law from its formation in England in the 1600s and explores how early moral assumptions concerning unmarried mothers echoed through the lived experiences of women who killed their illegitimate babies in colonial Western Australia, and continue to resonate in the treatment of, and legal response to, women accused of similar crimes in the present day. The Unlicensed ChildThe unlicensed child is a term coined by Swain and Howe to more accurately define the social matrix faced by single women and their children in Australia. The term seeks to emphasise the repressive and controlling religious, legal and social pressures that acted on Australian women who had children outside marriage until the mid-1970s (xxi, 1, 92, 94). For the purposes of this article, I extend Swain and Howe’s term the unlicensed child to coin the term the unlicensed mother. Following on from Swain and Howe’s definition, if the children of unmarried mothers did not have a license to be born, it is essential to acknowledge that their mothers did not have a license to give birth. Women who had children without social and legal sanction gave birth within a society that did not allocate them “permission” to be mothers, something that the corporeality of pregnancy made it impossible for them not to be. Their own bodies—and the bodies of the babies growing inside them—betrayed them. Unlicensed mothers were punished socially, religiously, legally and financially, and their children were considered sinful and inferior to children who had married parents simply because they had been born (Scheper-Hughes 410). This unspoken lack of authorisation to experience the unavoidably innate physicality of pregnancy, birth and motherhood, in turn implies that, until recently unmarried mothers did not have license to be mothers. Two MothersAll that remains of the “case” of Mary Summerland is a file archived at the State Records Office of Western Australia under the title CONS 3472, Item 10: Rex V Mary Summerland. Yet revealed within those sparse documents is a story echoed by the events surrounding Caroline Quinn nearly two hundred years later. In September 1832, Mary Summerland was an unmarried domestic servant living and working in Fremantle when the body of a baby was found lying on a beach very close to the settlement. Western Australia had only been colonized by the British in 1829. The discovery of the body of an infant in such a tiny village (colonial Fremantle had a population of only 436 women and girls out of 1341 non-Aboriginal emigrants) (Gardiner) set in motion an inquest that resulted in Mary Summerland being investigated over the suspicious death of the child.The records suggest that Mary may have given birth, apparently alone, over a week prior to the corpse of the baby being discovered, yet no one in Fremantle, including her employer and her family, appeared to have noticed that Mary might have been pregnant, or that she had given birth to a child. When Mary Summerland was eventually accused of giving birth to the baby, she strongly denied that she had ever been pregnant, and denied being the mother of the child. It is not known how her infant ended up being disposed of in the ocean. It is also not known if Mary was eventually charged with concealment or child murder, but in either scenario, the case against her was dismissed as “no true bill” when she faced her trial. The details publically available on the case of Caroline Quinn are also sparse. Even the sex of her child has not been revealed in any of the media coverage of the event. Yet examination of the limited details available on her charge of “concealment of birth” reveal similarities between her behaviours and those of Mary Summerland.In May 2014 Caroline Quinn had been “travelling with friends in the Kimberly region of Western Australia” (Lee), and, just as Mary did, Caroline claims she “did not realise that she was pregnant” when she went into labour (Independent.ie). She appears, like Mary Summerland, to have given birth alone, and also like Mary, when her child died due to unexplained circumstances she hid the corpse for several days. Also echoing Mary’s story, no person in the sparsely populated Hall’s Creek community (the town has a populace of 1,211) or any friends in Caroline’s circle of acquaintances appears to have noticed her pregnancy, nor did they realise that she had given birth to a baby until the body of the child was discovered hidden in a hotel room several days after her or his birth. The media records are unclear as to whether Caroline revealed her condition to her friends or whether they “discovered” the body without her assistance. The case was not brought to the attention of authorities until Caroline’s friends took her to receive medical attention at the local hospital and staff there notified the police.Media coverage of the death of Caroline Quinn’s baby suggests her child was stillborn or died soon after birth. As of 13 August 2014 Caroline was granted leave by the Chief Magistrate to return home to Ireland while she awaited her trial, as “without trivialising the matter, nothing more serious was alleged than the concealing of the birth” (Collins, "Irish Woman"). Caroline Quinn was not required to return to Australia to appear at her trial and when the case was presented at the Perth Magistrates Court on Thursday 2 October, all charges against her were dropped as the prosecutor felt “it was not in the public interest” to proceed with legal action (Collins, "Case").Statutory MarginalisationTo understand the similarities between the behaviours of, and legal and medical response to, Mary Summerland and Caroline Quinn, it is important to situate the deaths of their children within the wider context of child murder, concealment of birth and “bastardy” law. Tracing the development of these methods of law-making clarifies the parallels between much of the child murder, infanticide and concealment of birth narrative that has occurred in Western Australia since non-Aboriginal settlement.Despite the isolated nature of Western Australia, the nearly 400 years since the law was formed in England, and the extremely remote rural locations where both these women lived and worked, their stories are remarkably alike. It is almost as if there were a written script and each member of the cast knew what role to play: both Mary and Caroline knew to hide their pregnancies, to deny the overwhelmingly traumatic experience of giving birth alone, and to conceal the corpses of their babies. The fathers of their children appear to have cut off any connection to the women or their child. The family, friends, or employers of the parents of the dead babies knew to pretend that they did not know that the mother was pregnant or who the father was. The police and medical officers knew to charge these women and to collect evidence that could be used to simultaneously meet the needs of the both prosecution and the defence when the cases were brought to trial.In reference to Mary Summerland’s case, in colonial Western Australia when a woman gave birth to an infant who died under suspicious circumstances, she could be prosecuted with two charges: “child murder” and/or “concealment of birth”. It is suggestive that Mary may have been charged with both. The laws regarding these two offences were focused almost exclusively on the deaths of unlicensed children and were so deeply interconnected they are difficult to untangle. For Probyn, shame pierces the centre of who we think we are, “what makes it remarkable is that it reveals with precision our values, hopes and aspirations, beyond the generalities of good manners and cultured norms” (x). Dipping into the streams of legal and medical discourse that flow back to the seventeenth century highlights the pervasiveness of discourses marginalising single women and their children. This situates Mary Summerland and Caroline Quinn within a ‘burden on society’ narrative of guilt, blame and shame that has been in circulation for over 500 years, and continues to resonate in the present (Coull).An Act to Prevent the Destroying and Murthering of Bastard ChildrenIn England prior to the 17th century, penalties for extramarital sex, the birth and/or maintenance of unlicensed children or for committing child murder were expressed through church courts (Damme 2-6; Rapaport 548; Butler 61; Hoffer and Hull 3-4). Discussion of how the punishment of child murder left the religious sphere and came to be regulated by secular laws that were focused exclusively on the unlicensed mother points to two main arguments: firstly, the patriarchal response to unlicensed (particularly female) sexuality; and secondly, a moral panic regarding a perceived rise in unlicensed pregnancies in women of the lower classes, and the resulting financial burden placed on local parishes to support unwanted, unlicensed children (Rapaport 532, 48-52; McMahon XVII, 126-29; Osborne 49; Meyer 3-8 of 14). In many respects, as Meyer suggests, “the legal system subtly encouraged neonaticide through its nearly universally negative treatment of bastard children” (240).The first of these “personal control laws” (Hoffer and Hull 13) was the Old Poor Law created by Henry VIII in 1533, and put in place to regulate all members of English society who needed to rely on the financial assistance of the parish to survive. Prior to 1533, “by custom the children of the rich depended on their relations, while the ‘fatherless poor’ relied on the charity of the monastic institutions and the municipalities” (Teichman 60-61). Its implementation marks the historical point where the state began to take responsibility for maintenance of the poor away from the church by holding communities responsible for “the problem of destitution” (Teichman 60-61; Meyer 243).The establishment of the poor law system of relief created a hierarchy of poverty in which some poor people, such as those suffering from sickness or those who were old, were seen as worthy of receiving support, while others, who were destitute as a result of “debauchery” or other self-inflicted means were seen as undeserving and sent to a house of correction or common gaol. Underprivileged, unlicensed mothers and their children were seen to be part of the category of recipients unfit for help (Jackson 31). Burdens on SocietyIt was in response to the narrative of poor unlicensed women and their children being undeserving fiscal burdens on law abiding, financially stretched community members that in 1576 a law targeted specifically at holding genetic parents responsible for the financial maintenance of unlicensed children entered the secular courts for the first time. Called the Elizabethan Poor Law it was enacted in response to the concerns of local parishes who felt that, due to the expenses exacted by the poor laws, they were being burdened with the care of a greatly increased number of unlicensed children (Jackson 30; Meyer 5-6; Teichman 61). While the 1576 legislation prosecuted both parents of unlicensed children, McMahon interprets the law as being created in response to a blend of moral and economic forces, undergirded by a deep, collective fear of illegitimacy (McMahon 128). By the 1570s “unwed mothers were routinely whipped and sent to prison” (Meyer 242) and “guardians of the poor” could force unlicensed mothers to wear a “badge” (Teichman 63). Yet surprisingly, while parishes felt that numbers of unlicensed children were increasing, no concomitant rise was actually recorded (McMahon 128).The most damning evidence of the failure of this law, was the surging incidence of infanticide following its implementation (Rapaport 548-49; Hoffer and Hull 11-13). After 1576 the number of women prosecuted for infanticide increased by 225 percent. Convictions resulting in unlicensed mothers being executed also rose (Meyer 246; Hoffer and Hull 8, 18).Infanticide IncreasesBy 1624 the level of infanticide in local communities was deemed to be so great An Act to Prevent the Destroying and Murthering of Bastard Children was created. The Act made child murder a “sex-specific crime”, focused exclusively on the unlicensed mother, who if found guilty of the offence was punished by death. Probyn suggests that “shame is intimately social” (77) and indeed, the wording of An Act to Prevent highlights the remarkably similar behaviours enacted by single women desperate to avoid the shame and criminal implication linked to the social position of unlicensed mother: Whereas many lewd Women that have been delivered of Bastard Children, to avoyd their shame and to escape punishment [my italics], doe secretlie bury, or conceale the Death of their Children, and after if the child be found dead the said Women doe alleadge that the said Children were borne dead;…For the preventing therefore of this great Mischiefe…if any Woman…be delivered of any issue of the Body, Male or Female, which being born alive, should by the Lawes of this Realm be a bastard, and that she endeavour privatlie either by drowning or secret burying thereof, or any other way, either by herselfe of the procuring of others, soe to conceale the Death thereof, as that it may not come to light, whether it be borne alive or not, but be concealed, in every such Case the Mother so offending shall suffer Death… (Davies 214; O'Donovan 259; Law Reform Commission of Western Australia 104; Osborne 49; Rose 1-2; Rapaport 548). An Act to Prevent also “contained an extraordinary provision which was a reversion of the ordinary common law presumption of dead birth” (Davies 214), removing the burden of proof from the prosecution and placing it on the defence (Francus 133; McMahon 128; Meyer 2 of 14). The implication being that if the dead body of a newborn, unlicensed baby was found hidden, it was automatically assumed that the child had been murdered by their mother (Law Reform Commission of Western Australia 104; Osborne 49; Rapaport 549-50; Francus 133). This made the Act unusual in that “the offence involved was the concealment of death rather than the death itself” (O'Donovan 259). The only way an unlicensed mother charged with child murder was able to avoid capital punishment was to produce at least one witness to give evidence that the child was “borne dead” (Law Reform Commission of Western Australia 104; Meyer 238; McMahon 126-27).Remarkable SimilaritiesClearly, the objective of An Act to Prevent was not simply to preserve infant life. It is suggestive that it was enacted in response to women wishing to avoid the legal, social, corporal and religious punishment highlighted by the implementation of the poor law legislation enacted throughout earlier centuries. It is also suggestive that these pressures were so powerful that threat of death if found guilty of killing their neonate baby was not enough to deter women from concealing their unlicensed pregnancies and committing child murder. Strikingly analogous to the behaviours of Mary Summerland in 19th century colonial Western Australia, and Caroline Quinn in 2014, the self-preservation implicit in the “strategies of secrecy” (Gowing 87) surrounding unlicensed birth and child murder often left the mother of a dead baby as the only witness to her baby’s death (McMahon xvii 49-50).An Act to Prevent set in motion the legislation that was eventually used to prosecute Mary Summerland in colonial Western Australia (Jackson 7, Davies, 213) and remnants of it still linger in the present where they have been incorporated into the ‘concealment of birth law’ that prosecuted Caroline Quinn (Legal Online TLA [10.1.182]).Changing the ‘Script’Shame runs like a viral code through the centuries to resonate within the legal response to women who committed infanticide in colonial Western Australia. It continues on through the behaviours of, and legal responses to, the story of Caroline Quinn and her child. As Probyn observes, “shame reminds us about the promises we keep to ourselves” in turn revealing our desire for belonging and elements of our deepest fears (p. x). While Caroline may live in a society that no longer outwardly condemns women who give birth outside of marriage, it is fascinating that the suite of behaviours manifested in response to her pregnancy and the birth of her child—by herself, her friends, and the wider community—can be linked to the narratives surrounding the formation of “child murder” and “concealment” law nearly 400 years earlier. Caroline’s narrative also encompasses similar behaviours enacted by Mary Summerland in 1832, in particular that Caroline knew to say that her child was “born dead” and that she had merely concealed her or his body—nothing more. This behaviour appears to have secured the release of both women as although both Mary and Caroline faced criminal investigation, neither was convicted of any crime. Yet, neither of these women or their small communities were alone in their responses. My research has uncovered 55 cases linked to child murder in Western Australia and the people involved in all of these incidences share unusually similar behaviours (Gardiner). Perhaps, it is only through the wider community becoming aware of the resonance of child murder law echoing through the centuries, that certain women who are pregnant with unwanted children will be able to write a different script for themselves, and their “unlicensed” children. ReferencesButler, Sara, M. "A Case of Indifference? Child Murder in Later Medieval England." Journal of Women's History 19.4 (2007): 59-82. Collins, Padraig. "Case against Irish Woman for Concealing Birth Dropped." The Irish Times 2 Oct. 2014. ---. "Irish Woman Held for Hiding Birth in Australia Allowed Return Home." The Irish Times 13 Aug. 2014. 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