Journal articles: 'Polish Constitution from 2 April 1997' – Grafiati (2024)

Abstract:

The fact that almost a quarter of a century has passed since the adoption of the Polish Constitution contributes to a reflection on its axiology. This article prompts the reinterpretation of the critical value that can be ‘decoded’ from the Basic Law. It seems that authors of the supreme law of the Republic of Poland were initially guided by slightly different ideals; however, broad case law has become a test of the timelessness and timeliness of the Constitution of 2 April 1997. From this perspective, the question of grounds for an amendment of the basic law is highly current and pertinent. However, this question seems secondary to an attempt to decode the constitutional values forming the foundation of the Polish legal system. In light of the above reflections, have the values pursued by authors of the Constitution become real, or have they just become a redundant ornament in the legal erudition devoid of any practical value? The search for answers should be embedded in an appropriate context or the will of the historical legislator. However, the author believes that the interpretation of a legal text should keep pace with the times; this is why a dynamic interpretation is extremely relevant.

Abstract:

For many years – equally on a global scale, at the European level as well as in Poland – necessary actions have been taken aimed at creating an effective legal framework for nature protection. Nature is protected under international law, European Union law and Polish law. The acts of European law which should be pointed out from the perspective of this article (besides the EU Treaties) are the so-called Birds Directive and Habitats Directive. The Polish Constitution of 2 April 1997 stipulates that the Republic of Poland shall protect the national heritage and ensure environmental protection guided by the principle of sustainable development. In the domestic Polish law, the Act of 16 April 2004 on nature protection constitutes the basic legal act of a statutory rank defining objectives, principles and forms of protection of living and inanimate nature and landscape. The aim of this analysis of selected legal provisions regulating the functioning of national parks in Poland is an attempt to assess whether the existing law effectively protects nature, or whether it is rather a set of demands that are difficult or impossible to implement. This matter is crucial for the existence of such unique areas as the Ojcow National Park. The answer to the question whether the national park – as a form of nature protection – is protected in Poland in an effective way is ambiguous, which is illustrated by numerous examples, several of which are indicated in this article.

Abstract:

The issue of exemption from the attorney-client privilege and the nature of this attorney-client privilege is widely discussed both in the literature on the subject and in the doctrine. In order to analyze this subject, it was necessary to interpret the provisions of the Law on the Bar Ac (26 May 1982), the provisions of the Code of Bar Ethics (23 December 2011) the Constitution of the Republic of Poland (2 April 1997), both guarantees enshrined in the Convention for the Protection of Human Rights and Fundamental Rights of liberty from 1950. The interpretation was made in conjunction with Polish case law common courts and case law of the European Court of Human Rights. This also presents the view of the polish Ombudsman’s Office. Given that the professional secrecy of lawyers is an inseparable element of justice, it would be wrong to omit the generally accepted moral norms of society in relation to the procedural role of a lawyer. The thesis put forward that the professional secrecy of lawyers is part of the implementation of the right to a fair trial and the right to respect for private life. The purpose of the work was to emphasize the essence of lawyers’ secrecy as an inseparable element of defense of the parties to the proceedings and to indicate interpretation differences between Polish courts and the case law of the European Court of Human Rights.

Abstract:

The article addresses the issue of free legal assistance as an instrument in the protection of the rights of foreigners in the Republic of Poland against the background of basic legal and international standards. In particular, the grounds for the protection of foreigners’ rights arising from the Constitution of 2 April 1997, as well as the provisions of the Act of 10 September 2015 amending the Act on granting protection to foreigners on the territory of the Republic of Poland and some other acts, were taken into account. This Act introduces a number of solutions aimed at providing foreigners with free legal assistance. Its purpose was to implement into the Polish legal order the provisions of Directive 2013/32 / EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, as well as Directive 2013/33 / EU of the European Parliament and of the Council of 26 June 2013 on establishing standards for the reception of applicants for international protection. The purpose of this act was also to adapt national law to the provisions of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013. These acts are part of EU law creating the 2nd generation Common European Asylum System, i.e. „Asylum package”.

Abstract:

Abstract The SARS-CoV-2 crisis of 2020 triggered a number of unprecedented reactions of European states, in particular in the form of either constitutional emergency measures or statutory anti-epidemic emergency measures. Poland chose to deal with the crisis by delegating powers to the executive by ordinary legislative means and declared a nationwide state of epidemic emergency on 13 March 2020 and a week later a state of epidemic on the basis of the Act of 5 December 2008 on preventing and combating infections and infectious diseases. For a century, Poland has been dealing with epidemics by delegating powers to the executive by ordinary legislative means. Anti-epidemic emergency measures were developed under the relevant acts of 1919, 1935, 1963, 2001, 2008 and now form an autonomous normative model authorised directly by Article 68 (4) of the Constitution of the Republic of Poland of 2 April 1997. The Constitution of 2 April 1997 authorises also extraordinary measures in situations of particular danger, “if ordinary constitutional measures are inadequate”. This article analyses anti-epidemic emergency regimes under Polish law in a comparative, historical and jurisprudential perspective.

Abstract:

The 53rd article of the Constitution of the Republic of the Poland concerning the freedom of faith and religion, adopted of the 2nd of April 1997, is a result of a long lasting constitutional debate since 1989. Debate’s counterpatrs were: the President of the Polish Republic, the Constitutional Commission of the National Assembly, the Constitutional Commissions of the two chambers of Polish Parliament: the Sejm and the Senate, political Parties and citizens’ movements as well as individual persons. This broad engagement shows the importance of issues affecting freedoms and human rights of the citizens in the Republic of Poland. It underlines especially the idea of the constitutional legislator thet the freedom of faith and religion is a primary and indispensable right of a human beeing. More then that, as far as this freedom touches the crucial element of the human nature, it creates in every person a deep foundation for the existense of other freedoms.

Abstract:

The Constitutional Court of Poland has been functioning for over thirty years now. The Constitutional Tribunal was established as a result of the act on 26th March 1982 on the amendments of the Constitution of the Polish People’s Republic. It was supposed to judge the accordance of the passed acts by the Sejm and other normative acts issued by the main or central state authorities with the Constitution. The legislator adopted that the Constitutional Tribunal judgements on the accordance with the Constitution shall be recognized by the Sejm. The regulations of the Constitution that was in force at the time did not regulate appropriateness, system or ways of proceedings of the Constitutional Tribunal. The act was supposed to regulate all those areas. It was passed no sooner that on 29th April 1985. The article presents the Constitutional Tribunal judgement heritage in the years 1986-1997 in relation to the substatutory acts. Those included first of all normative acts issued by the main and central institutions of public administration as well as those acts issued by other main and central public authorities. The procedures used by the Constitutional Tribunal concerning the accordance of the substatutory acts with the Constitution and statutory acts were discussed as well. The article also presents an issue of proceedings in case of legal enquiries . A matter of signaling decisions made by the Constitutional Tribunal about the possible misconduct s were alsodiscussed . The term a quo is indicated by the date of the first judgement of the Constitutional Tribunal. It occurred on 26th May 1986. However, the term ad quem means the date of passing a new act on the Constitutional Tribunal. It was adopted on 1st August 1997 on the basis of the regulations of the Constitution from 2nd April 1997.

Abstract:

The subject of this article is the institution of the constitutional complaint, which is analysed in connection with European integration. It should be noted that Poland’s membership of the European Union has had a great influence, not only on the system of national law, but also on the jurisprudence of the Polish Constitutional Tribunal; therefore considerations are carried out here mainly in relation to the Constitutional Tribunal. In examining the issue of the constitutional complaint, the following assumptions may be stated. First, the constitutional-complaint procedure, is in fact, the examination of the compliance of legal norms with the Constitution, any deviation being related to the entities initiating proceedings before the Constitutional Tribunal, Article 191(1)(6), of the Constitution[1], and to the material scope of the complaint, as determined in Article 79 of the Constitution. Second, there is no doubt that the constitutional complaint can become an important legal instrument shaping the jurisprudence of the Polish Constitutional Tribunal, which has to face constitutional issues related to European integration[2]. Following the example of the practice of other Member States, e.g. Germany, the Tribunal may use the institution of the constitutional complaint as a means of controlling the compliance of the secondary law of the European Union with the Constitution of the Republic of Poland. [1] The Constitution of the Republic of Poland, Journal of 2 April 1997, Journal of Law 1997, No. 78, item 483, as amended. [2] The literature on the subject indicates that the membership of nation States of the European Union obliges constitutional courts to act in the field of integration. Their task is to set the boundaries and conditions for the integration process. Jurisprudence in this area is referred to as acquis constitutionnel. Cf. Aleksandra Kustra, “Model skargi konstytucyjnej jako czynnik kształtujący orzecznictwo sądów konstytucyjnych w sprawach związanych z członkostwem państwa w Unii Europejskiej,” Państwo i Prawo, no. 3 (2015): 35.

Abstract:

THE CONSEQUENCES OF A VACANCY IN THE OFFICE OF THE PRESIDENT UNDER 20TH CENTURY POLISH CONSTITUTIONS Summary The article discusses the consequences of a vacancy in the office of the President of the Republic in 20th-century Polish constitutions. A vacancy in the office of the President takes place in the event of death, resignation, the election of a President being found invalid, among other possibilities. The problem of succession to the office of President became particularly significant in connection with the Smolensk air disaster of 10 April 2010, which took the life of President Lech Kaczyński. This is why particular attention was paid to the provisions of the current Constitution adopted in 1997, pursuant to which the Speaker of the Sejm (lower house of Parliament) served as interim President. The article evaluates these provisions and their application from April to August 2010, i.e. until the swearing-in of the newly-elected President.

Abstract:

Ensuring the safety of citizens is one of the most important functions of the state, as stated in art. 5 of the Polish Constitution of April 2, 1997. The crisis management system is a supplement to the constitutional institution of states of emergency. Appropriate preparation based on planning, an adequate response to a threat by the competent authorities and the fastest possible reversal of the effects of a crisis are the foundations for counteracting threats. Since the first half of the twentieth century, constant attempts have been made to create a comprehensive system guaranteeing an effective response of administrative bodies to threats. Currently, structures and procedures of crisis management as described in the Act of 26 April 2007 on crisis management do not ensure effective implementation of civil protection in the event of emergencies. The subject of the article is the de lege lata statement and formulation of de lege ferenda postulates in the field of crisis management in the municipality

Abstract:

Personal Data Protection as Part of the Right to PrivacySummaryThe issues related to the right to privacy and personal data protection are a new important area for the constitutional studies in Poland. Their emergence owes much to the development of information technology and the adjustment of Polish law, including constitutional law, to international standards. Under the Constitution of the Republic of Poland of 2 April 1997, personal protection is seen as part of the right to privacy. The following issues have become the subject of the academic research: the constitutionalization of personal data protection, constitutional rights of identifiable persons, the relation of personal data and the right to privacy, the democratic state under the rule of law as the guarantor of the right to privacy and personal data protection, as well as human dignity as the basis of this right.

Abstract:

The aim of the article is to describe various organizational models of the institution of Ombudsman and the way it functions. The article also refers to the constitutive features of this authority, distinguishing the most typical and universal ones. At the same time, the article indicates the place of Commissioner for Human Rights within the system of protection of human and civil rights and freedoms, and characterizes his activities as an institution which is a crucial and permanent element of this system. Part of the attention has been paid to the applicable laws in this respect both in the systematic structure of the Constitution of the Republic of Poland of April 2, 1997 as well as the regulations of the Act on the Commissioner for Human Rights of July 15, 1987. The role of the Ombudsman in today’s world is becoming necessary and indispensable as well as more and more appreciated alongside the activities of other institutions in the field of protection of rights and freedoms

Abstract:

Sustainable agricultural development is a concept of rural and agricultural development programming that combines production goals with environmental requirements. The sustainable development of sustainable agriculture is aimed at harmonizing social, economic and environmental goals. The principle of sustainable development is the axiological basis of the European Union’s activity and is nowadays the motive for legal and agricultural regulations. In Polish law, the principle of sustainable development is contained in Art. 5 of the Constitution of the Republic of Poland of April 2, 1997 and is considered a systemic principle. The definition of sustainable development is included in Art. 3 point 50 of the Environmental Protection Law. In the provisions of the Act of February 20, 2015 on supporting rural areas with the participation of the European Agricultural Fund for Rural Development under the Rural Development Program for 2014-2020, we do not find a direct reference to the principle of sustainable development. The aim of the article is to highlight the legal basis of the principle of sustainable development and to answer the question whether the Rural Development Program implements the principle of sustainable development?

Abstract:

[full article and abstract in English] This study examines the mechanism of the protection of customers of property developers that was introduced into Polish legal system by the Property Development Act adopted on 16 September 2011. Those customers are the weaker party to a property development contract that should be protected by the State. The article presents the very concept of the Polish property development contract, its substance and legal forms as well as its practical aspects. This issue of the protection of customers of property developers is of a great importance not only in Poland but also in other European countries that have experienced a boom in the real estate market in the last decade. The article discusses also the issue of the compatibility of the Property Development Act with the model of the State’s protective obligations in horizontal relations that has been established under the Constitution of the Republic of Poland of 2 April 1997. The paper concludes by presenting some postulates of amendments to the Property Development Act submitted by consumer organizations, industry representatives and entrepreneurs as well as a very comprehensive draft of the amendment presented in May 2018 by the President of the Office of Competition and Consumer Protection. This draft is currently at the stage of inter-ministerial consultations and it is difficult to foresee whether the new solutions will be adopted by Parliament in such a form.

Abstract:

The article considers the legal status of the voivode during the interwar period, the time of the difficult restoration of the Polish identity and the creation of the Polish state in the post-Partition lands with three separate systems of territorial division and local administration. The legal situation of the office of the voivode is closely related to the establishment of the systemic foundations of the highest Polish authorities (legislative and executive) and local administration (initially, on the territory of the former Kingdom of Poland and then on the gradually annexed former Polish territories). The author refers to both spheres of legal activity of the Polish state at that time. She discusses the primary political acts, i.e. the March Constitution (1921), the April Constitution (1935) and the Constitutional Act (1926), as well as regulations concerning county administrative authorities of the first instance, situated in the then two-tier (ministries – county offices) administrative apparatus. Attention is primarily focused on the acts directly concerning the position of the voivode, i.e. the Act of 2 August 1919, the Regulation of the President of the Republic of 19 January 1928, and executive acts issued on the basis of these, and against whose background the importance of the legal institution of the voivode is presented: during the time of attempts to unify the administrative system (1918–1928), and in the period of changes leading to a uniform organisational structure of voivodship administrative authorities (1928–1939). The analysis makes it possible to state that successive legal conditions strengthened the political position of the voivode. In both periods covered by the analysis, the voivode was a representative of the government (with broader competences in 1928–1939), the executor of orders from individual ministers, the head of state and local government authorities and offices (1918–1928), the head of general administrative bodies subordinate to him, and the supervisory body over local government (1928–1939). The position of the voivode in the interwar period was unquestionably very strong.

Abstract:

TOTALITARIANISM AND ITS DERIVATIONS IN SOCIAL SCIENCES AND IN THE LANGUAGE OF THE LAW AND IN THE JURISTIC LANGUAGEThe question how to study the historical phenomenon of totalitarianism is one of the most important questions raised, and examined, by Professor Maria Zmierczak, who has noted a danger of instrumentalisation of the concept, in particular in the post-communist countries. The article concerns such danger in making and applying the Polish law, as totalitarianism and its derivations have been in use in the juristic language since the beginning of the 1990s and put into legislative texts, since the 1997 Constitution of the Republic of Poland. Article 13 of the Constitution declares that “Shall be prohibited political parties and other organisations whose programmes are based upon totalitarian methods and the modes of activity of nazism, fascism and communism”. That formula was, on the one hand, an effect and condemnation of the difficult experience of the past, in particular of the period of the “People’s Poland”, and, on the other hand, it opened the room for official, legal qualification of the recent past, in the situation of a dispute among specialists in social sciences over communism in Poland, in particular whether it ended in 1956 or lasted until 1989/1990. In the resolution of 2 April 2009, the European Parliament warned against imposing of a given political interpretation of history by parliaments. Nevertheless, in Poland such imposing, seeming to exceed the natural need to impose sanctions on those who infringed citizen’s rights in the previous time, has taken place, and it substantially grows in the present time. On the other hand, the concept of totalitarianism and its derivations seems to be less and less in use in the juristic language, i.e. that of lawyers including judges, orienting rather on a prudent language of science than that more and more radical of the political majority, and, therefore, of the law.

Abstract:

During April 2003, four young cucumber plants with slight stunting and delay of flowering were found in two commercial greenhouses in the Wielkopolska Region in Poland. Sporadically, chlorotic spots, sometimes with necrotic centers, were observed on the leaves of plants. Later, symptoms were less recognizable or they disappeared completely. Crude sap from symptomatic leaves of Cucumis sativus was used for mechanical inoculation of various plant species. The virus caused local and systemic infections on Cucumis sativus, Nicotiana benthamiana, and N. clevelandii and induced local necrotic lesions only on Chenopodium quinoa, C. amaranticolor, C. ficifolium, C. murale, Petunia hybrida, Cucurbita melo, Zinnia elegans, and Spinacia oleracea. No symptoms were seen in inoculated N. tabacum, N. glutinosa, Lycopersicon esculentum, Capsicum annuum, Physalis floridana, Phaseolus vulgaris, and Cucurbita pepo. Symptoms and host range were similar to those described for infection by Cucumber leaf spot virus (CLSV) (1). Electron microscopic examination of negatively stained leaf-dip preparation from infected plants showed spherical virus particles (approximately 30 nm). Total RNA extracted from symptomatic C.sativus and N. benthamiana plants, and RNA extracted from purified virus preparations were tested using reverse transcription-polymerase chain reaction (RT-PCR) with specific primers designed to amplify a fragment of the RNA-dependent RNA polymerase gene (4). RT-PCR products were sequenced with CEQ DTCS dye terminator cycle sequencing kit and the CEQ 2000 DNA Analysis System (Beckman Coulter, Inc., Fullerton, CA). The 664-nt amplicon sequence (GenBank Accession No. AY571334) had 95% nucleotide and 98% amino acid sequence identity with the Spanish CLSV isolate (GenBank Accession No. AY038365) (4) and 98 and 99% identity, respectively, with another CLSV isolate (3). The nucleic acid sequence of the Polish CLSV isolate was 81 to 84% identical to the equivalent region of two isolates of Pothos latent virus, another aureusvirus (GenBank Accession No AJ243370 and X87115) and had 86% identity with the amino acid sequence of both isolates. To our knowledge, this is the first report of CLSV in Poland. The virus was previously reported in Germany, Great Britain, Jordan, Greece, Saudi Arabia, Spain, and Bulgaria (1,2,4). CLSV is a member of the genus Aureusvirus, formerly Carmovirus (family Tombusviridae). In the first half of 2004, no cucumber plants testing positive for CLSV were found. This incidental occurrence of CLSV indicates that the virus is not a significant threat to cucumber in Poland at this time. References: (1) A. Brunt et al. Cucumber leaf spot virus. Viruses of Plants.Descriptions and Lists from the VIDE Database. CAB International, 1996. (2) D.Kostova et al. J. Plant Pathol. 83:147, 2001. (3) J. S. Miller et al. Virus Res. 52:51, 1997. (4) E. Segundo et al. Plant Dis. 85:1123, 2001.

Abstract:

This article analyses normative structure of a key anti-epidemic emergency measure under Polish law – a State of Epidemic. It is defined as a legal situation introduced in a given area in connection with an epidemic in order to undertake anti-epidemic and preventive measures specified in the Act of 5 December 2008 on preventing and combating infections and infectious diseases to minimize the effects of the epidemic. The Act and this complex measure is authorised by Article 68(4) of the Constitution of the Republic of Poland of 2 April 1997. It requires public authorities to “combat epidemic illnesses and prevents the negative health consequences of degradation of the environment“. The purpose of this article is also to explain why Poland reacted to the SARS-CoV-2 crisis declaring the nationwide State of Epidemic on 20 March 2020 and not by other extraordinary measures.

Abstract:

Gender confirmation surgery may be perceived as a strictly medical matter. However, the issue of such surgeries also affects legal matters, mainly civil law and criminal law. The subject of this article is the criminal law aspects of gender confirmation surgery and their analysis from the perspective of the Polish criminal law. The findings presented in the study were reached by 1) analyzing the normative material relating to the subject of this study, mainly by analyzing the Act of 6 June 1997 of the Polish Criminal Code (Dziennik Ustaw [Journal of Laws] of 2019, item 1950, as amended, hereinafter referred to as ‘the Polish Criminal Code’), and 2) by analyzing the views presented in the legal literature and the judicial practice. Taking into account the considerations contained in this article, it is necessary to postulate that gender confirmation surgery procedures should be treated as medical activities (this is a concept already presented in the criminal law science) or as activities not covered by the scope of the normalization of the penal and legal sanctioned norm as expressed in the Article 156 section 1 item 1 of the Polish Criminal Code in connection with the Article 31 section 3 of the Polish Constitution.

Abstract:

The article deals with the reasons for the adoption and the main provisions of the Criminal code of Ukraine 2001 year and the Criminal code of Poland in 1997 year. It is shown that the total content of the Criminal code of Ukraine in 2001 year significantly exceeds the volume of the Criminal code of Poland in 1997 year and is more humane. The reasons for the adoption of the Criminal code in 1997 year were the need to amend the legislation based on the 1997 year Constitution of Poland, as well as to harmonize the legislation in force in this country with European standards. Similarly, the Criminal code of 2001 year was adopted on the basis of the provisions of the 1996 year Constitution, which embodied the rule of law in the country, recognized a person, his life and health, honor and dignity as the highest social value. The total volume of the Criminal code of Ukraine in 2001 year significantly exceeds the Criminal code of Ukraine in 1997 year by the number of characters 1.9 times and the number of articles by 1.2 times. Another difference between the two codified acts is the fact that the Ukrainian act consists of two parts, and the Polish of the three acts — General, Special and Military. The logical scheme of construction of the General part consists of the following blocks: 1) principles of criminal compliance; 2) forms of crime; 3) punishment; 4) rules of their appointment; 5) prescription; 6) clarification of the concepts of the code. A characteristic feature of both codified acts is the fact that in them the largest number of marks falls on the section devoted to crimes in the sphere of economic activity, credit, banking and financial spheres. At the same time, both codified acts are characterized by considerable uneven distribution of textual material. Of the Criminal code of 2001 year differs from the Criminal code of 1997 year by a more humane treatment of penalties when considering penalties and the maximum term of imprisonment, but the Criminal code of Ukraine provides for the use of life imprisonment in 27 articles, despite the fact that the Criminal code of Poland only has three articles. Key words: Criminal code, Ukraine, Republic of Poland, quantitative indicators, crime, penalties, comparative analysis.

Abstract:

Introduction Figure 1 The counter-Terrorism advertising campaign of London’s Metropolitan Police commodifies some everyday items such as mobile phones, computers, passports and credit cards as having the potential to sustain terrorist activities. The process of ascribing cultural values and symbolic meanings to some everyday technical gadgets objectifies and situates Terrorism into the everyday life. The police, in urging people to look out for ‘the unusual’ in their normal day-to-day lives, juxtapose the everyday with the unusual, where day-to-day consumption, routines and flows of human activity can seemingly house insidious and atavistic elements. This again is reiterated in the Met police press release: Terrorists live within our communities making their plans whilst doing everything they can to blend in, and trying not to raise suspicions about their activities. (MPA Website) The commodification of Terrorism through uncommon and everyday objects situates Terrorism as a phenomenon which occupies a liminal space within the everyday. It resides, breathes and co-exists within the taken-for-granted routines and objects of ‘the everyday’ where it has the potential to explode and disrupt without warning. Since 9/11 and the 7/7 bombings Terrorism has been narrated through the disruption of mobility, whether in mid-air or in the deep recesses of the Underground. The resonant thread of disruption to human mobility evokes a powerful meta-narrative where acts of Terrorism can halt human agency amidst the backdrop of the metropolis, which is often a metaphor for speed and accelerated activities. If globalisation and the interconnected nature of the world are understood through discourses of risk, Terrorism bears the same footprint in urban spaces of modernity, narrating the vulnerability of the human condition in an inter-linked world where ideological struggles and resistance are manifested through inexplicable violence and destruction of lives, where the everyday is suspended to embrace the unexpected. As a consequence ambient fear “saturates the social spaces of everyday life” (Hubbard 2). The commodification of Terrorism through everyday items of consumption inevitably creates an intertextuality with real and media events, which constantly corrode the security of the metropolis. Paddy Scannell alludes to a doubling of place in our mediated world where “public events now occur simultaneously in two different places; the place of the event itself and that in which it is watched and heard. The media then vacillates between the two sites and creates experiences of simultaneity, liveness and immediacy” (qtd. in Moores 22). The doubling of place through media constructs a pervasive environment of risk and fear. Mark Danner (qtd. in Bauman 106) points out that the most powerful weapon of the 9/11 terrorists was that innocuous and “most American of technological creations: the television set” which provided a global platform to constantly replay and remember the dreadful scenes of the day, enabling the terrorist to appear invincible and to narrate fear as ubiquitous and omnipresent. Philip Abrams argues that ‘big events’ (such as 9/11 and 7/7) do make a difference in the social world for such events function as a transformative device between the past and future, forcing society to alter or transform its perspectives. David Altheide points out that since September 11 and the ensuing war on terror, a new discourse of Terrorism has emerged as a way of expressing how the world has changed and defining a state of constant alert through a media logic and format that shapes the nature of discourse itself. Consequently, the intensity and centralisation of surveillance in Western countries increased dramatically, placing the emphasis on expanding the forms of the already existing range of surveillance processes and practices that circ*mscribe and help shape our social existence (Lyon, Terrorism 2). Normalisation of Surveillance The role of technologies, particularly information and communication technologies (ICTs), and other infrastructures to unevenly distribute access to the goods and services necessary for modern life, while facilitating data collection on and control of the public, are significant characteristics of modernity (Reiman; Graham and Marvin; Monahan). The embedding of technological surveillance into spaces and infrastructures not only augment social control but also redefine data as a form of capital which can be shared between public and private sectors (Gandy, Data Mining; O’Harrow; Monahan). The scale, complexity and limitations of omnipresent and omnipotent surveillance, nevertheless, offer room for both subversion as well as new forms of domination and oppression (Marx). In surveillance studies, Foucault’s analysis is often heavily employed to explain lines of continuity and change between earlier forms of surveillance and data assemblage and contemporary forms in the shape of closed-circuit television (CCTV) and other surveillance modes (Dee). It establishes the need to discern patterns of power and normalisation and the subliminal or obvious cultural codes and categories that emerge through these arrangements (Fopp; Lyon, Electronic; Norris and Armstrong). In their study of CCTV surveillance, Norris and Armstrong (cf. in Dee) point out that when added to the daily minutiae of surveillance, CCTV cameras in public spaces, along with other camera surveillance in work places, capture human beings on a database constantly. The normalisation of surveillance, particularly with reference to CCTV, the popularisation of surveillance through television formats such as ‘Big Brother’ (Dee), and the expansion of online platforms to publish private images, has created a contradictory, complex and contested nature of spatial and power relationships in society. The UK, for example, has the most developed system of both urban and public space cameras in the world and this growth of camera surveillance and, as Lyon (Surveillance) points out, this has been achieved with very little, if any, public debate as to their benefits or otherwise. There may now be as many as 4.2 million CCTV cameras in Britain (cf. Lyon, Surveillance). That is one for every fourteen people and a person can be captured on over 300 cameras every day. An estimated £500m of public money has been invested in CCTV infrastructure over the last decade but, according to a Home Office study, CCTV schemes that have been assessed had little overall effect on crime levels (Wood and Ball). In spatial terms, these statistics reiterate Foucault’s emphasis on the power economy of the unseen gaze. Michel Foucault in analysing the links between power, information and surveillance inspired by Bentham’s idea of the Panopticon, indicated that it is possible to sanction or reward an individual through the act of surveillance without their knowledge (155). It is this unseen and unknown gaze of surveillance that is fundamental to the exercise of power. The design and arrangement of buildings can be engineered so that the “surveillance is permanent in its effects, even if it is discontinuous in its action” (Foucault 201). Lyon (Terrorism), in tracing the trajectory of surveillance studies, points out that much of surveillance literature has focused on understanding it as a centralised bureaucratic relationship between the powerful and the governed. Invisible forms of surveillance have also been viewed as a class weapon in some societies. With the advancements in and proliferation of surveillance technologies as well as convergence with other technologies, Lyon argues that it is no longer feasible to view surveillance as a linear or centralised process. In our contemporary globalised world, there is a need to reconcile the dialectical strands that mediate surveillance as a process. In acknowledging this, Giles Deleuze and Felix Guattari have constructed surveillance as a rhizome that defies linearity to appropriate a more convoluted and malleable form where the coding of bodies and data can be enmeshed to produce intricate power relationships and hierarchies within societies. Latour draws on the notion of assemblage by propounding that data is amalgamated from scattered centres of calculation where these can range from state and commercial institutions to scientific laboratories which scrutinise data to conceive governance and control strategies. Both the Latourian and Deleuzian ideas of surveillance highlight the disparate arrays of people, technologies and organisations that become connected to make “surveillance assemblages” in contrast to the static, unidirectional Panopticon metaphor (Ball, “Organization” 93). In a similar vein, Gandy (Panoptic) infers that it is misleading to assume that surveillance in practice is as complete and totalising as the Panoptic ideal type would have us believe. Co-optation of Millions The Metropolitan Police’s counter-Terrorism strategy seeks to co-opt millions where the corporeal body can complement the landscape of technological surveillance that already co-exists within modernity. In its press release, the role of civilian bodies in ensuring security of the city is stressed; Keeping Londoners safe from Terrorism is not a job solely for governments, security services or police. If we are to make London the safest major city in the world, we must mobilise against Terrorism not only the resources of the state, but also the active support of the millions of people who live and work in the capita. (MPA Website). Surveillance is increasingly simulated through the millions of corporeal entities where seeing in advance is the goal even before technology records and codes these images (William). Bodies understand and code risk and images through the cultural narratives which circulate in society. Compared to CCTV technology images, which require cultural and political interpretations and interventions, bodies as surveillance organisms implicitly code other bodies and activities. The travel bag in the Metropolitan Police poster reinforces the images of the 7/7 bombers and the renewed attempts to bomb the London Underground on the 21st of July. It reiterates the CCTV footage revealing images of the bombers wearing rucksacks. The image of the rucksack both embodies the everyday as well as the potential for evil in everyday objects. It also inevitably reproduces the cultural biases and prejudices where the rucksack is subliminally associated with a specific type of body. The rucksack in these terms is a laden image which symbolically captures the context and culture of risk discourses in society. The co-optation of the population as a surveillance entity also recasts new forms of social responsibility within the democratic polity, where privacy is increasingly mediated by the greater need to monitor, trace and record the activities of one another. Nikolas Rose, in discussing the increasing ‘responsibilisation’ of individuals in modern societies, describes the process in which the individual accepts responsibility for personal actions across a wide range of fields of social and economic activity as in the choice of diet, savings and pension arrangements, health care decisions and choices, home security measures and personal investment choices (qtd. in Dee). While surveillance in individualistic terms is often viewed as a threat to privacy, Rose argues that the state of ‘advanced liberalism’ within modernity and post-modernity requires considerable degrees of self-governance, regulation and surveillance whereby the individual is constructed both as a ‘new citizen’ and a key site of self management. By co-opting and recasting the role of the citizen in the age of Terrorism, the citizen to a degree accepts responsibility for both surveillance and security. In our sociological imagination the body is constructed both as lived as well as a social object. Erving Goffman uses the word ‘umwelt’ to stress that human embodiment is central to the constitution of the social world. Goffman defines ‘umwelt’ as “the region around an individual from which signs of alarm can come” and employs it to capture how people as social actors perceive and manage their settings when interacting in public places (252). Goffman’s ‘umwelt’ can be traced to Immanuel Kant’s idea that it is the a priori categories of space and time that make it possible for a subject to perceive a world (Umiker-Sebeok; qtd. in Ball, “Organization”). Anthony Giddens adapted the term Umwelt to refer to “a phenomenal world with which the individual is routinely ‘in touch’ in respect of potential dangers and alarms which then formed a core of (accomplished) normalcy with which individuals and groups surround themselves” (244). Benjamin Smith, in considering the body as an integral component of the link between our consciousness and our material world, observes that the body is continuously inscribed by culture. These inscriptions, he argues, encompass a wide range of cultural practices and will imply knowledge of a variety of social constructs. The inscribing of the body will produce cultural meanings as well as create forms of subjectivity while locating and situating the body within a cultural matrix (Smith). Drawing on Derrida’s work, Pugliese employs the term ‘Somatechnics’ to conceptualise the body as a culturally intelligible construct and to address the techniques in and through which the body is formed and transformed (qtd. in Osuri). These techniques can encompass signification systems such as race and gender and equally technologies which mediate our sense of reality. These technologies of thinking, seeing, hearing, signifying, visualising and positioning produce the very conditions for the cultural intelligibility of the body (Osuri). The body is then continuously inscribed and interpreted through mediated signifying systems. Similarly, Hayles, while not intending to impose a Cartesian dichotomy between the physical body and its cognitive presence, contends that the use and interactions with technology incorporate the body as a material entity but it also equally inscribes it by marking, recording and tracing its actions in various terrains. According to Gayatri Spivak (qtd. in Ball, “Organization”) new habits and experiences are embedded into the corporeal entity which then mediates its reactions and responses to the social world. This means one’s body is not completely one’s own and the presence of ideological forces or influences then inscribe the body with meanings, codes and cultural values. In our modern condition, the body and data are intimately and intricately bound. Outside the home, it is difficult for the body to avoid entering into relationships that produce electronic personal data (Stalder). According to Felix Stalder our physical bodies are shadowed by a ‘data body’ which follows the physical body of the consuming citizen and sometimes precedes it by constructing the individual through data (12). Before we arrive somewhere, we have already been measured and classified. Thus, upon arrival, the citizen will be treated according to the criteria ‘connected with the profile that represents us’ (Gandy, Panoptic; William). Following September 11, Lyon (Terrorism) reveals that surveillance data from a myriad of sources, such as supermarkets, motels, traffic control points, credit card transactions records and so on, was used to trace the activities of terrorists in the days and hours before their attacks, confirming that the body leaves data traces and trails. Surveillance works by abstracting bodies from places and splitting them into flows to be reassembled as virtual data-doubles, and in the process can replicate hierarchies and centralise power (Lyon, Terrorism). Mike Dee points out that the nature of surveillance taking place in modern societies is complex and far-reaching and in many ways insidious as surveillance needs to be situated within the broadest context of everyday human acts whether it is shopping with loyalty cards or paying utility bills. Physical vulnerability of the body becomes more complex in the time-space distanciated surveillance systems to which the body has become increasingly exposed. As such, each transaction – whether it be a phone call, credit card transaction, or Internet search – leaves a ‘data trail’ linkable to an individual person or place. Haggerty and Ericson, drawing from Deleuze and Guattari’s concept of the assemblage, describe the convergence and spread of data-gathering systems between different social domains and multiple levels (qtd. in Hier). They argue that the target of the generic ‘surveillance assemblage’ is the human body, which is broken into a series of data flows on which surveillance process is based. The thrust of the focus is the data individuals can yield and the categories to which they can contribute. These are then reapplied to the body. In this sense, surveillance is rhizomatic for it is diverse and connected to an underlying, invisible infrastructure which concerns interconnected technologies in multiple contexts (Ball, “Elements”). The co-opted body in the schema of counter-Terrorism enters a power arrangement where it constitutes both the unseen gaze as well as the data that will be implicated and captured in this arrangement. It is capable of producing surveillance data for those in power while creating new data through its transactions and movements in its everyday life. The body is unequivocally constructed through this data and is also entrapped by it in terms of representation and categorisation. The corporeal body is therefore part of the machinery of surveillance while being vulnerable to its discriminatory powers of categorisation and victimisation. As Hannah Arendt (qtd. in Bauman 91) had warned, “we terrestrial creatures bidding for cosmic significance will shortly be unable to comprehend and articulate the things we are capable of doing” Arendt’s caution conveys the complexity, vulnerability as well as the complicity of the human condition in the surveillance society. Equally it exemplifies how the corporeal body can be co-opted as a surveillance entity sustaining a new ‘banality’ (Arendt) in the machinery of surveillance. Social Consequences of Surveillance Lyon (Terrorism) observed that the events of 9/11 and 7/7 in the UK have inevitably become a prism through which aspects of social structure and processes may be viewed. This prism helps to illuminate the already existing vast range of surveillance practices and processes that touch everyday life in so-called information societies. As Lyon (Terrorism) points out surveillance is always ambiguous and can encompass genuine benefits and plausible rationales as well as palpable disadvantages. There are elements of representation to consider in terms of how surveillance technologies can re-present data that are collected at source or gathered from another technological medium, and these representations bring different meanings and enable different interpretations of life and surveillance (Ball, “Elements”). As such surveillance needs to be viewed in a number of ways: practice, knowledge and protection from threat. As data can be manipulated and interpreted according to cultural values and norms it reflects the inevitability of power relations to forge its identity in a surveillance society. In this sense, Ball (“Elements”) concludes surveillance practices capture and create different versions of life as lived by surveilled subjects. She refers to actors within the surveilled domain as ‘intermediaries’, where meaning is inscribed, where technologies re-present information, where power/resistance operates, and where networks are bound together to sometimes distort as well as reiterate patterns of hegemony (“Elements” 93). While surveillance is often connected with technology, it does not however determine nor decide how we code or employ our data. New technologies rarely enter passive environments of total inequality for they become enmeshed in complex pre-existing power and value systems (Marx). With surveillance there is an emphasis on the classificatory powers in our contemporary world “as persons and groups are often risk-profiled in the commercial sphere which rates their social contributions and sorts them into systems” (Lyon, Terrorism 2). Lyon (Terrorism) contends that the surveillance society is one that is organised and structured using surveillance-based techniques recorded by technologies, on behalf of the organisations and governments that structure our society. This information is then sorted, sifted and categorised and used as a basis for decisions which affect our life chances (Wood and Ball). The emergence of pervasive, automated and discriminatory mechanisms for risk profiling and social categorising constitute a significant mechanism for reproducing and reinforcing social, economic and cultural divisions in information societies. Such automated categorisation, Lyon (Terrorism) warns, has consequences for everyone especially in face of the new anti-terror measures enacted after September 11. In tandem with this, Bauman points out that a few suicidal murderers on the loose will be quite enough to recycle thousands of innocents into the “usual suspects”. In no time, a few iniquitous individual choices will be reprocessed into the attributes of a “category”; a category easily recognisable by, for instance, a suspiciously dark skin or a suspiciously bulky rucksack* *the kind of object which CCTV cameras are designed to note and passers-by are told to be vigilant about. And passers-by are keen to oblige. Since the terrorist atrocities on the London Underground, the volume of incidents classified as “racist attacks” rose sharply around the country. (122; emphasis added) Bauman, drawing on Lyon, asserts that the understandable desire for security combined with the pressure to adopt different kind of systems “will create a culture of control that will colonise more areas of life with or without the consent of the citizen” (123). This means that the inhabitants of the urban space whether a citizen, worker or consumer who has no terrorist ambitions whatsoever will discover that their opportunities are more circ*mscribed by the subject positions or categories which are imposed on them. Bauman cautions that for some these categories may be extremely prejudicial, restricting them from consumer choices because of credit ratings, or more insidiously, relegating them to second-class status because of their colour or ethnic background (124). Joseph Pugliese, in linking visual regimes of racial profiling and the shooting of Jean Charles de Menezes in the aftermath of 7/7 bombings in London, suggests that the discursive relations of power and visuality are inextricably bound. Pugliese argues that racial profiling creates a regime of visuality which fundamentally inscribes our physiology of perceptions with stereotypical images. He applies this analogy to Menzes running down the platform in which the retina transforms him into the “hallucinogenic figure of an Asian Terrorist” (Pugliese 8). With globalisation and the proliferation of ICTs, borders and boundaries are no longer sacrosanct and as such risks are managed by enacting ‘smart borders’ through new technologies, with huge databases behind the scenes processing information about individuals and their journeys through the profiling of body parts with, for example, iris scans (Wood and Ball 31). Such body profiling technologies are used to create watch lists of dangerous passengers or identity groups who might be of greater ‘risk’. The body in a surveillance society can be dissected into parts and profiled and coded through technology. These disparate codings of body parts can be assembled (or selectively omitted) to construct and represent whole bodies in our information society to ascertain risk. The selection and circulation of knowledge will also determine who gets slotted into the various categories that a surveillance society creates. Conclusion When the corporeal body is subsumed into a web of surveillance it often raises questions about the deterministic nature of technology. The question is a long-standing one in our modern consciousness. We are apprehensive about according technology too much power and yet it is implicated in the contemporary power relationships where it is suspended amidst human motive, agency and anxiety. The emergence of surveillance societies, the co-optation of bodies in surveillance schemas, as well as the construction of the body through data in everyday transactions, conveys both the vulnerabilities of the human condition as well as its complicity in maintaining the power arrangements in society. Bauman, in citing Jacques Ellul and Hannah Arendt, points out that we suffer a ‘moral lag’ in so far as technology and society are concerned, for often we ruminate on the consequences of our actions and motives only as afterthoughts without realising at this point of existence that the “actions we take are most commonly prompted by the resources (including technology) at our disposal” (91). References Abrams, Philip. Historical Sociology. Shepton Mallet, UK: Open Books, 1982. Altheide, David. “Consuming Terrorism.” Symbolic Interaction 27.3 (2004): 289-308. Arendt, Hannah. Eichmann in Jerusalem: A Report on the Banality of Evil. London: Faber & Faber, 1963. Bauman, Zygmunt. Liquid Fear. 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Abstract:

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

Abstract:

Introduction Since December 2010 the dramatic spectacle of the spread of mass uprisings, civil unrest, and protest across North Africa and the Middle East have been chronicled daily on mainstream media and new media. Broadly speaking, the Arab Spring—as it came to be known—is challenging repressive, corrupt governments and calling for democracy and human rights. The convulsive events linked with these debates have been striking not only because of the rapid spread of historically momentous mass protests but also because of the ways in which the media “have become inextricably infused inside them” enabling the global media ecology to perform “an integral part in building and mobilizing support, co-ordinating and defining the protests within different Arab societies as well as trans-nationalizing them” (Cottle 295). Images of mass protests have been juxtaposed against those of individuals prepared to self-destruct for political ends. Video clips and photographs of the individual suffering of Tunisian Mohamed Bouazizi’s self-immolation and the Bahraini Abdulhad al-Khawaja’s emaciated body foreground, in very graphic ways, political struggles that larger events would mask or render invisible. Highlighting broad commonalties does not assume uniformity in patterns of protest and media coverage across the region. There has been considerable variation in the global media coverage and nature of the protests in North Africa and the Middle East (Cottle). In Tunisia, Egypt, Libya, and Yemen uprisings overthrew regimes and leaders. In Syria it has led the country to the brink of civil war. In Bahrain, the regime and its militia violently suppressed peaceful protests. As a wave of protests spread across the Middle East and one government after another toppled in front of 24/7 global media coverage, Bahrain became the “Arab revolution that was abandoned by the Arabs, forsaken by the West … forgotten by the world,” and largely ignored by the global media (Al-Jazeera English). Per capita the protests have been among the largest of the Arab Spring (Human Rights First) and the crackdown as brutal as elsewhere. International organizations have condemned the use of military courts to trial protestors, the detaining of medical staff who had treated the injured, and the use of torture, including the torture of children (Fisher). Bahraini and international human rights organizations have been systematically chronicling these violations of human rights, and posting on Websites distressing images of tortured bodies often with warnings about the graphic depictions viewers are about to see. It was in this context of brutal suppression, global media silence, and the reluctance of the international community to intervene, that the Bahraini-Danish human rights activist Abdulhad al-Khawaja launched his “death or freedom” hunger strike. Even this radical action initially failed to interest international editors who were more focused on Egypt, Libya, and Syria, but media attention rose in response to the Bahrain Formula 1 race in April 2012. Pro-democracy activists pledged “days of rage” to coincide with the race in order to highlight continuing human rights abuses in the kingdom (Turner). As Al Khawaja’s health deteriorated the Bahraini government resisted calls for his release (Article 19) from the Danish government who requested that Al Khawaja be extradited there on “humanitarian grounds” for hospital treatment (Fisk). This article does not explore the geo-politics of the Bahraini struggle or the possible reasons why the international community—in contrast to Syria and Egypt—has been largely silent and reluctant to debate the issues. Important as they are, those remain questions for Middle Eastern specialists to address. In this article I am concerned with the overlapping and interpenetration of two ecologies. The first ecology is the ethical framing of a prison hunger strike as a corporeal-environmental act of (self) destruction intended to achieve political ends. The second ecology is the operation of global media where international inaction inadvertently foregrounds the political struggles that larger events and discourses surrounding Egypt, Libya, and Syria overshadow. What connects these two ecologies is the body of the hunger striker, turned into a spectacle and mediated via a politics of affect that invites a global public to empathise and so enter into his suffering. The connection between the two lies in the emaciated body of the hunger striker. An Ecological Humanities Approach This exploration of two ecologies draws on the ecological humanities and its central premise of connectivity. The ecological humanities critique the traditional binaries in Western thinking between nature and culture; the political and social; them and us; the collective and the individual; mind, body and emotion (Rose & Robin, Rieber). Such binaries create artificial hierarchies, divisions, and conflicts that ultimately impede the ability to respond to crises. Crises are major changes that are “out of control” driven—primarily but not exclusively—by social, political, and cultural forces that unleash “runaway systems with their own dynamics” (Rose & Robin 1). The ecological humanities response to crises is premised on the recognition of the all-inclusive connectivity of organisms, systems, and environments and an ethical commitment to action from within this entanglement. A founding premise of connectivity, first articulated by anthropologist and philosopher Gregory Bateson, is that the “unit of survival is not the individual or the species, but the organism-and-its-environment” (Rose & Robin 2). This highlights a dialectic in which an organism is shaped by and shapes the context in which it finds itself. Or, as Harries-Jones puts it, relations are recursive as “events continually enter into, become entangled with, and then re-enter the universe they describe” (3). This ensures constantly evolving ecosystems but it also means any organism that “deteriorates its environment commits suicide” (Rose & Robin 2) with implications for the others in the eco-system. Bateson’s central premise is that organisms are simultaneously independent, as separate beings, but also interdependent. Interactions are not seen purely as exchanges but as dynamic, dialectical, dialogical, and mutually constitutive. Thus, it is presumed that the destruction or protection of others has consequences for oneself. Another dimension of interactions is multi-modality, which implies that human communication cannot be reduced to a single mode such as words, actions, or images but needs to be understood in the complexity of inter-relations between these (see Rieber 16). Nor can dissemination be reduced to a single technological platform whether this is print, television, Internet, or other media (see Cottle). The final point is that interactions are “biologically grounded but not determined” in that the “cognitive, emotional and volitional processes” underpinning face-to-face or mediated communication are “essentially indivisible” and any attempt to separate them by privileging emotion at the expense of thought, or vice versa, is likely to be unhealthy (Rieber 17). This is most graphically demonstrated in a politically-motivated hunger strike where emotion and volition over-rides the survivalist instinct. The Ecology of a Prison Hunger Strike The radical nature of a hunger strike inevitably gives rise to medico-ethical debates. Hunger strikes entail the voluntary refusal of sustenance by an individual and, when prolonged, such deprivation sets off a chain reaction as the less important components in the internal body systems shut down to protect the brain until even that can no longer be protected (see Basoglu et al). This extreme form of protest—essentially an act of self-destruction—raises ethical issues over whether or not doctors or the state should intervene to save a life for humanitarian or political reasons. In 1975 and 1991, the World Medical Association (WMA) sought to negotiate this by distinguishing between, on the one hand, the mentally/psychological impaired individual who chooses a “voluntary fast” and, on the other hand, the hunger striker who chooses a form of protest action to secure an explicit political goal fully aware of fatal consequences of prolonged action (see Annas, Reyes). This binary enables the WMA to label the action of the mentally impaired suicide while claiming that to do so for political protesters would be a “misconception” because the “striker … does not want to die” but to “live better” by obtaining certain political goals for himself, his group or his country. “If necessary he is willing to sacrifice his life for his case, but the aim is certainly not suicide” (Reyes 11). In practice, the boundaries between suicide and political protest are likely to be much more blurred than this but the medico-ethical binary is important because it informs discourses about what form of intervention is ethically appropriate. In the case of the “suicidal” the WMA legitimises force-feeding by a doctor as a life-saving act. In the case of the political protestor, it is de-legitimised in discourses of an infringement of freedom of expression and an act of torture because of the pain involved (see Annas, Reyes). Philosopher Michel Foucault argued that prison is a key site where the embodied subject is explicitly governed and where the exercising of state power in the act of incarceration means the body of the imprisoned no longer solely belongs to the individual. It is also where the “body’s range of significations” is curtailed, “shaped and invested by the very forces that detain and imprison it” (Pugliese 2). Thus, prison creates the circ*mstances in which the incarcerated is denied the “usual forms of protest and judicial safeguards” available outside its confines. The consequence is that when presented with conditions that violate core beliefs he/she may view acts of self-destruction—such as hunger strikes or lip sewing—as one of the few “means of protesting against, or demanding attention” or achieving political ends still available to them (Reyes 11; Pugliese). The hunger strike implicates the state, which, in the act of imprisoning, has assumed a measure of power and responsibility for the body of the individual. If a protest action is labelled suicidal by medical professionals—for instance at Guantanamo—then the force-feeding of prisoners can be legitimised within the WMA guidelines (Annas). There is considerable political temptation to do so particularly when the hunger striker has become an icon of resistance to the state, the knowledge of his/her action has transcended prison confines, and the alienating conditions that prompted the action are being widely debated in the media. This poses a two-fold danger for the state. On the one hand, there is the possibility that the slow emaciation and death while imprisoned, if covered by the media, may become a spectacle able to mobilise further resistance that can destabilise the polity. On the other hand, there is the fear that in the act of dying, and the spectacle surrounding death, the hunger striker would have secured the public attention to the very cause they are championing. Central to this is whether or not the act of self-destruction is mediated. It is far from inevitable that the media will cover a hunger strike or do so in ways that enable the hunger striker’s appeal to the emotions of others. However, when it does, the international scrutiny and condemnation that follows may undermine the credibility of the state—as happened with the death of the IRA member Bobby Sands in Northern Ireland (Russell). The Media Ecology and the Bahrain Arab Spring The IRA’s use of an “ancient tactic ... to make a blunt appeal to sympathy and emotion” in the form of the Sands hunger strike was seen as “spectacularly successful in gaining worldwide publicity” (Willis 1). Media ecology has evolved dramatically since then. Over the past 20 years communication flows between the local and the global, traditional media formations (broadcast and print), and new communication media (Internet and mobile phones) have escalated. The interactions of the traditional media have historically shaped and been shaped by more “top-down” “politics of representation” in which the primary relationship is between journalists and competing public relations professionals servicing rival politicians, business or NGOs desire for media attention and framing issues in a way that is favourable or sympathetic to their cause. However, rapidly evolving new media platforms offer bottom up, user-generated content, a politics of connectivity, and mobilization of ordinary people (Cottle 31). However, this distinction has increasingly been seen as offering too rigid a binary to capture the complexity of the interactions between traditional and new media as well as the events they capture. The evolution of both meant their content increasingly overlaps and interpenetrates (see Bennett). New media technologies “add new communicative ingredients into the media ecology mix” (Cottle 31) as well as new forms of political protests and new ways of mobilizing dispersed networks of activists (Juris). Despite their pervasiveness, new media technologies are “unlikely to displace the necessity for coverage in mainstream media”; a feature noted by activist groups who have evolved their own “carnivalesque” tactics (Cottle 32) capable of creating the spectacle that meets television demands for action-driven visuals (Juris). New media provide these groups with the tools to publicise their actions pre- and post-event thereby increasing the possibility that mainstream media might cover their protests. However there is no guarantee that traditional and new media content will overlap and interpenetrate as initial coverage of the Bahrain Arab Spring highlights. Peaceful protests began in February 2011 but were violently quelled often by Saudi, Qatari and UAE militia on behalf of the Bahraini government. Mass arrests were made including that of children and medical personnel who had treated those wounded during the suppression of the protests. What followed were a long series of detentions without trial, military court rulings on civilians, and frequent use of torture in prisons (Human Rights Watch 2012). By the end of 2011, the country had the highest number of political prisoners per capita of any country in the world (Amiri) but received little coverage in the US. The Libyan uprising was afforded the most broadcast time (700 minutes) followed by Egypt (500 minutes), Syria (143), and Bahrain (34) (Lobe). Year-end round-ups of the Arab Spring on the American Broadcasting Corporation ignored Bahrain altogether or mentioned it once in a 21-page feature (Cavell). This was not due to a lack of information because a steady stream has flowed from mobile phones, Internet sites and Twitter as NGOs—Bahraini and international—chronicled in images and first-hand accounts the abuses. However, little of this coverage was picked up by the US-dominated global media. It was in this context that the Bahraini-Danish human rights activist Abdulhad Al Khawaja launched his “freedom or death” hunger strike in protest against the violent suppression of peaceful demonstrations, the treatment of prisoners, and the conduct of the trials. Even this radical action failed to persuade international editors to cover the Bahrain Arab Spring or Al Khawaja’s deteriorating health despite being “one of the most important stories to emerge over the Arab Spring” (Nallu). This began to change in April 2012 as a number of things converged. Formula 1 pressed ahead with the Bahrain Grand Prix, and pro-democracy activists pledged “days of rage” over human rights abuses. As these were violently suppressed, editors on global news desks increasingly questioned the government and Formula 1 “spin” that all was well in the kingdom (see BBC; Turner). Claims by the drivers—many of who were sponsored by the Bahraini government—that this was a sports event, not a political one, were met with derision and journalists more familiar with interviewing superstars were diverted into covering protests because their political counterparts had been denied entry to the country (Fisk). This combination of media events and responses created the attention, interest, and space in which Al Khawaja’s deteriorating condition could become a media spectacle. The Mediated Spectacle of Al Khawaja’s Hunger Strike Journalists who had previously struggled to interest editors in Bahrain and Al Khawaja’s plight found that in the weeks leading up to the Grand Prix and since “his condition rapidly deteriorated”’ and there were “daily updates with stories from CNN to the Hindustan Times” (Nulla). Much of this mainstream news was derived from interviews and tweets from Al Khawaja’s family after each visit or phone call. What emerged was an unprecedented composite—a diary of witnesses to a hunger strike interspersed with the family’s struggles with the authorities to get access to him and their almost tangible fear that the Bahraini government would not relent and he would die. As these fears intensified 48 human rights NGOs called for his release from prison (Article 19) and the Danish government formally requested his extradition for hospital treatment on “humanitarian grounds”. Both were rejected. As if to provide evidence of Al Khawaja’s tenuous hold on life, his family released an image of his emaciated body onto Twitter. This graphic depiction of the corporeal-environmental act of (self) destruction was re-tweeted and posted on countless NGO and news Websites (see Al-Jazeera). It was also juxtaposed against images of multi-million dollar cars circling a race-track, funded by similarly large advertising deals and watched by millions of people around the world on satellite channels. Spectator sport had become a grotesque parody of one man’s struggle to speak of what was going on in Bahrain. In an attempt to silence the criticism the Bahraini government imposed a de facto news blackout denying all access to Al Khawaja in hospital where he had been sent after collapsing. The family’s tweets while he was held incommunicado speak of their raw pain, their desperation to find out if he was still alive, and their grief. They also provided a new source of information, and the refrain “where is alkhawaja,” reverberated on Twitter and in global news outlets (see for instance Der Spiegel, Al-Jazeera). In the days immediately after the race the Danish prime minister called for the release of Al Khawaja, saying he is in a “very critical condition” (Guardian), as did the UN’s Ban-Ki Moon (UN News and Media). The silencing of Al Khawaja had become a discourse of callousness and as global media pressure built Bahraini ministers felt compelled to challenge this on non-Arabic media, claiming Al Khawaja was “eating” and “well”. The Bahraini Prime Minister gave one of his first interviews to the Western media in years in which he denied “AlKhawaja’s health is ‘as bad’ as you say. According to the doctors attending to him on a daily basis, he takes liquids” (Der Spiegel Online). Then, after six days of silence, the family was allowed to visit. They tweeted that while incommunicado he had been restrained and force-fed against his will (Almousawi), a statement almost immediately denied by the military hospital (Lebanon Now). The discourses of silence and callousness were replaced with discourses of “torture” through force-feeding. A month later Al Khawaja’s wife announced he was ending his hunger strike because he was being force-fed by two doctors at the prison, family and friends had urged him to eat again, and he felt the strike had achieved its goal of drawing the world’s attention to Bahrain government’s response to pro-democracy protests (Ahlul Bayt News Agency). Conclusion This article has sought to explore two ecologies. The first is of medico-ethical discourses which construct a prison hunger strike as a corporeal-environmental act of (self) destruction to achieve particular political ends. The second is of shifting engagement within media ecology and the struggle to facilitate interpenetration of content and discourses between mainstream news formations and new media flows of information. I have argued that what connects the two is the body of the hunger striker turned into a spectacle, mediated via a politics of affect which invites empathy and anger to mobilise behind the cause of the hunger striker. The body of the hunger striker is thereby (re)produced as a feature of the twin ecologies of the media environment and the self-environment relationship. References Ahlul Bayt News Agency. “Bahrain: Abdulhadi Alkhawaja’s Statement about Ending his Hunger Strike.” (29 May 2012). 1 June 2012 ‹http://abna.ir/data.asp?lang=3&id=318439›. Al-Akhbar. “Family Concerned Al-Khawaja May Be Being Force Fed.” Al-Akhbar English. (27 April 2012). 1 June 2012 ‹http://english.al-akhbar.com/content/family-concerned-al-khawaja-may-be-being-force-fed›. 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Abstract:

Preface In the last twelve years of following copyright developments, I have witnessed an accelerating growth in the agitation over its application and increasing cries for reform. This was triggered by a mounting corporate hysteria for strengthening copyright which seems to mask other anxieties and other issues of bad faith beside the one at hand. This is in contrast with the more reasonable stance of the U.S. government in the 1980s when Congress refused to regulate video rentals and the Courts refused to cite the video recorder for ‘contributory infringement.’ In the 1990s, the Republican-controlled Congress passed several pieces of legislation extending copyright and punishing reverse engineering. Congressional giveaways and corporate shrillness has inspired a progressive movement to defend the intellectual ‘commons.’ The reality is that intellectual property is not owned by intellectuals, and so people are realising that further extensions of copyright no longer benefits the sciences and useful arts. Developments in copyright are driven by the challenges of new technologies of communication. This is a problem for the law, which does not like surprises and certainly proceeds by analogising new situations to old ones in order to build continuity. Case law (which is law that is developed by judges’ decisions and interpretations) proceeds by precedent. Yet old technologies are not the accurate precedents for new technology and this is particularly the situation today. The new technologies have a particular impact on the situation since they change not just one variable in the earlier balance of copyright, but all the variables. While the courts and the corporations have concentrated on the one variable of easy reproduction of content, we should also pay attention to how the new technologies have changed the very balance between the so-called ‘real world’ and cultural expression. The material world is now composed to a significant extent by cultural expression. We walk through physical landscapes dominated by billboards and other totems of the marketplace, while our mentalscapes are filled with trademarks and other commodity bits. This was not the case as copyright law developed; it is the case now, and the various underpinnings of copyright law have become embarrassingly ineffective in this new world. Edelman Bernard Edelman pushes back to find the moment of embarrassment. He finds it in photography. As Paul Hirst points out, ‘[Edelman’s title] Le Droit saisi par la photographie puns on the law being seized or caught by photography, surprised or caught out by it. Photography, a technical innovation developing independently of law, contradicts the existing formulations of property right in representations of things’ (Hirst 1-2). Prior to photography, representation inherently had stamps of personality that allowed such representation (painting, drawing, engraving et alia) to be easily and significantly distinguished from that part of the material world it was representing, as well as from other artistic representations (even of the same referent). The earliest French legal pronouncements on photography were reluctant to grant it copyright protection, precisely because it was thought to have no personality and to be a mechanical copy of nature. When the court did extend copyright protection to photography and admitted its personality, it was faced with how to distinguish it from the natural. The camera could no longer be interpreting as transparently reproducing the real. Edelman calls this the subjectivisation of the machine. The camera can no longer be both a transparent reproducer of the real; it has been found always to invest the real with the personality of its subject (the photographer). This has resulted in a number of ad hoc decisions to prevent ‘over-appropriation’ of the real. Anglo-American versus French Law Anglo-American writing about copyright has never wasted much time on subjectivisation of the machine. The basis of British copyright was pragmatic and economic to begin with, having originated with the Tudors’ desire to encourage printing by granting monopoly rights to printers, and to control and censor printing. The relocation of copyright ownership from printer to author in the 18th century was also an economically driven consideration reflecting the new spirit of competitive capitalism. Certainly the language of the U.S. Constitution that authorised the federal prerogative in setting copyright law was very pragmatic in its emphasis on promoting the progress of science and the ‘useful’ arts (Article 1 Section 8). The French tradition, which is somewhat paralleled by the German and those of other continental nations, was born out of a more courtly regard for the rights of genius. Although France recognised that works ‘made for hire’ were owned by the employer, it vested certain inalienable moral privileges in the real person of the artist. This legal doctrine is known as droit d’auteur. (see Ginsburg) Idea/Expression Yet the American tradition is not totally pragmatic. The balance between copyright and the First Amendment commitment to an absolute freedom of speech calls for a certain degree of abstraction. It was Thomas Jefferson who cautioned about the chilling effect copyright law might have with the spread of ideas. Fortunately in written language it was rather easy to work out that the way to protect ideas from property claims was to distinguish between the expression, which can be copyrighted, and the idea, which cannot. Siva Vaidhyanathan (109-15) goes over Judge Learned Hand’s development of the test to distinguish the idea from the expression in the 1920s and 1930s as particularly instructive for striking the balance. In Nichols v. Universal (1929), Hand develops the theme of ‘patterns of increasing generality’ as more incident is left out. At some point the abstraction is too great to be protected, since it now is more in the realm of idea then of particular expression. (45 F.2d 120) But Edelman’s work poses the question whether this works, as we move from machines of writing to machines of visual reproduction. Doesn’t Apply to Mechanical Mimetic Reproduction Photographs can be taken of the imaginary world and indeed the subjectivisation model holds that every photograph is determined by the imagination of the author. But it is commonsensical that photographs begin as traces of the material world. This is not analogous to the written word. The structural nature of language removes the written word from a direct relationship with its physical referent. Indeed, the entire linguistic turn in post-war philosophy is premised on the lack of any transparent or even determined relationship between language and things. Even in pre-war jurisprudence it was this lack of coincidence that allowed the easy split of the idea from its expression. As the expression floats above the idea, the word floats above the physical. Vincent Porter argues that in contrast to language, visual and audio recordings do not have this split, they do not float above the physical. He noted sound/image recordings have presented a problem in that they are speech acts without a language system, or in a distinction borrowed from Saussure ‘a series of paroles without a langue.’ (Porter 12) After all does a photograph fit into a grammar of images? Are there photographs that are ‘patterns of increasing generality?’ Where is the photograph that is the same idea as another photograph without being the same photograph? Is there a photograph that can do the same work as the word ‘mother?’ No. Every photograph will be of a particular mother of a particular age and particular ethnic group and the same difficulty applies even if we photograph a group of mothers or edit a montage of mothers. This has the effect of making the idea the same as the expression. If you protect one you have protected the other. At this point I was not certain how decisive an intervention these concepts could make in the current copyright ferment. Certainly the most exciting argument was the one mounted at the Berkman Institute at Harvard by several lawyers and argued before the Supreme Court by Lawrence Lessig in Eldred v. Ashcroft (2003). This presented the argument that the government had strayed from the original Constitutional mandate to allow exclusive rights only for a limited time. But as I read Lessig’s Free Culture and as I re-read Edelman, it strikes me that the idea/expression test does not adequately help the First Amendment rights of technologies of mimetic reproduction (film, audio recordings). It is that these technologies allow reproductions to easily re-enter the material world. When these reproductions do re-enter they will naturally become part of the domain of creative expression. Our artists must be allowed to freely comment on the world in which we live and the world in which we live is now visually and aurally full of copyrighted material. This image came to mind forcefully when Lessig explained the difficulties of documentarians when they film their subjects watching TV and then have to edit out the TV image rather than deal with the risk of being sued for infringement (Aufderheide and Jaszi 95-8). This image also comes to mind when reading of farmers who are not allowed to harvest their seed because they come from patented plants. But I will defer to patent philosophers on that apparent travesty of natural rights. I wish to stay focused on the argument that is the corollary of Edelman’s subjectivisation of the camera. The camera records the physical world and in turn that recording enters that world. This is to say that the genius of copyright is in the literary domain because written language never re-enters the material world. When copyright was extended beyond the literary, policy makers should have noticed that earlier tests were no longer capable of maintaining balance between our divine right to express our lives and the practical right to own our own expressions (for a limited time). The new test is almost already present in the law: it is the protection of parody from copyright infringement violation. The courts recognise that parody positions the original expression as an artifact of the world in order to comment on it. If only the policy makers could extend that view to documentarians and others who film the world and include in their film the physical fact of other videos being displayed in the world. Just as in parody they ought to consider the intent of the video makers is to comment on the original, not to plagiarise it. References Aufderheide, P., and P. Jaszi. Untold Stories: Creative Consequences of the Rights Clearance Culture for Documentary Filmmakers. 2004. 25 April 2005 http://www.centerforsocialmedia.org/rock/index.htm>. Edelman, B. Ownership of the Image: Elements for a Marxist Theory of Law. London: Routledge & Kegan Paul, 1979. Eldred v. Ashcroft, Attorney General. United States Supreme Court decision, 15 January 2003. http://www.supremecourtus.gov/opinions/02pdf/01-618.pdf>. Ginsburg, J. C. “A Tale of Two Copyrights: Literary Property in Revolutionary France and America.” Tulane Law Review 64.5 (1990): 991-1032. Hirst, P. Q. “Introduction.” In Bernard Edelman, Ownership of the Image: Elements for a Marxist Theory of Law. London: Routledge & Kegan Paul, 1979. Lessig, L. Free Culture. 2004. 8 April 2005 http://free-culture.org/get-it>. Porter, V. “Copyright: The New Protectionism.” InterMedia 17.1 (1989): 10-7. Vaidhyanathan, S. Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity. New York: NYU Press, 2001. Citation reference for this article MLA Style Wasser, Frederick. "When Did They Copyright the World Without Us Noticing?." M/C Journal 8.3 (2005). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0507/05-wasser.php>. APA Style Wasser, F. (Jul. 2005) "When Did They Copyright the World Without Us Noticing?," M/C Journal, 8(3). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0507/05-wasser.php>.

Abstract:

It is January 1930 and the restless Southern Ocean is heaving itself up against the frozen coast of Eastern Antarctica. For hundreds of kilometres, this coastline consists entirely of ice: although Antarctica is a continent, only 2% of its surface consists of exposed rock; the rest is buried under a vast frozen mantle. But there is rock in this coastal scene: silhouetted against the glaring white of the glacial shelf, a barren island humps up out of the water. Slowly and cautiously, the Discovery approaches the island through uncharted waters; the crew’s eyes strain in the frigid air as they scour the ocean’s surface for ship-puncturing bergs. The approach to the island is difficult, but Captain Davis maintains the Discovery on its course as the wind howls in the rigging. Finally, the ship can go no further; the men lower a boat into the tossing sea. They pull hard at the oars until the boat is abreast of the island, and then they ram the bow against its icy littoral. Now one of the key moments of this exploratory expedition—officially titled the British, Australian, and New Zealand Antarctic Research Expedition (BANZARE)—is about to occur: the expedition is about to succeed in its primary spatial mission. Douglas Mawson, the Australian leader of the expedition, puts his feet onto the island and ascends to its bleak summit. There, he and his crew assemble a mound of loose stones and insert into it the flagpole they’ve carried with them across the ocean. Mawson reads an official proclamation of territorial annexation (see Bush 118-19), the photographer Frank Hurley shoots the moment on film, and one of the men hauls the Union Jack up the pole. Until the Australian Flags Act of 1953, the Union Jack retained seniority over the Australian flag. BANZARE took place before the 1931 Statute of Westminster, which gave full political and foreign policy independence to Commonwealth countries, thus Mawson claimed Antarctic space on behalf of Britain. He did so with the understanding that Britain would subsequently grant Australia title to its own Antarctican space. Britain did so in 1933. In the freezing wind, the men take off their hats, give three cheers for the King, and sing “God Save the King.” They deposit a copy of the proclamation into a metal canister and affix this to the flagpole; for a moment they admire the view. But there is little time to savour the moment, or the feeling of solid ground under their cold feet: the ship is waiting and the wind is growing in force. The men row back to the Discovery; Mawson returns to his cabin and writes up the event. A crucial moment in Antarctica’s spatial history has occurred: on what Mawson has aptly named Proclamation Island, Antarctica has been produced as Australian space. But how, exactly, does this production of Antarctica as a spatial possession work? How does this moment initiate the transformation of six million square kilometres of Antarctica—42% of the continent—into Australian space? The answer to this question lies in three separate, but articulated cultural technologies: representation, the body of the explorer, and international territorial law. When it comes to thinking about ‘turf’, Antarctica may at first seem an odd subject of analysis. Physically, Antarctica is a turfless space, an entire continent devoid of grass, plants, land-based animals, or trees. Geopolitically, Antarctica remains the only continent on which no turf wars have been fought: British and Argentinian soldiers clashed over the occupation of a Peninsular base in the Hope Bay incident of 1952 (Dodds 56), but beyond this somewhat bathetic skirmish, Antarctican space has never been the object of physical conflict. Further, as Antarctica has no indigenous human population, its space remains free of the colonial turfs of dispossession, invasion, and loss. The Antarctic Treaty of 1961 formalised Antarctica’s geopolitically turfless status, stipulating that the continent was to be used for peaceful purposes only, and stating that Antarctica was an internationally shared space of harmony and scientific goodwill. So why address Antarctican spatiality here? Two motivations underpin this article’s anatomising of Australia’s Antarctican space. First, too often Antarctica is imagined as an entirely hom*ogeneous space: a vast white plain dotted here and there along its shifting coast by identical scientific research stations inhabited by identical bearded men. Similarly, the complexities of Antarctica’s geopolitical and legal spaces are often overlooked in favour of a vision of the continent as a site of harmonious uniformity. While it is true that the bulk of Antarctican space is ice, the assumption that its cultural spatialities are identical is far from the case: this article is part of a larger endeavour to provide a ‘thick’ description of Antarctican spatialities, one which points to the heterogeneity of cultural geographies of the polar south. The Australian polar spatiality installed by Mawson differs radically from that of, for example, Chile; in a continent governed by international consensus, it is crucial that the specific cultural geographies and spatial histories of Treaty participants be clearly understood. Second, attending to complexities of Antarctican spatiality points up the intersecting cultural technologies involved in spatial production, cultural technologies so powerful that, in the case of Antarctica, they transformed nearly half of a distant continent into Australian sovereign space. This article focuses its critical attention on three core spatialising technologies, a trinary that echoes Henri Lefebvre’s influential tripartite model of spatiality: this article attends to Australian Antarctic representation, practise, and the law. At the turn of the twentieth century, Scott, Shackleton, and Amundsen trooped over the polar plateau, and Antarctic space became a setting for symbolic Edwardian performances of heroic imperial masculinity and ‘frontier’ hardiness. At the same time, a second, less symbolic, type of Antarctican spatiality began to evolve: for the first time, Antarctica became a potential territorial possession; it became the object of expansionist geopolitics. Based in part on Scott’s expeditions, Britain declared sovereignty over an undefined area of the continent in 1908, and France declared Antarctic space its own in 1924; by the late 1920s, what John Agnew and Stuart Corbridge refer to as the nation-state ontology—that is, the belief that land should and must be divided into state-owned units—had arrived in Antarctica. What the Adelaide Advertiser’s 8 April 1929 headline referred to as “A Scramble for Antarctica” had begun. The British Imperial Conference of 1926 concluded that the entire continent should become a possession of Britain and its dominions, New Zealand and Australia (Imperial). Thus, in 1929, BANZARE set sail into the brutal Southern Ocean. Although the expedition included various scientists, its primary mission was not to observe Antarctican space, but to take possession of it: as the expedition’s instructions from Australian Prime Minister Bruce stated, BANZARE’s mission was to produce Antarctica as Empire’s—and by extension, Australia’s—sovereign space (Jacka and Jacka 251). With the moment described in the first paragraph of this article, along with four other such moments, BANZARE succeeded; just how it did so is the focus of this work. It is by now axiomatic in spatial studies that the job of imperial explorers is not to locate landforms, but to produce a discursive space. “The early travellers,” as Paul Carter notes of Australian explorers, “invented places rather than found them” (51). Numerous analytical investigations attend to the discursive power of exploration: in Australia, Carter’s Road to Botany Bay, Simon Ryan’s Cartographic Eye, Ross Gibson’s Diminishing Paradise, and Brigid Hains’s The Ice and the Inland, to name a few, lay bare the textual strategies through which the imperial annexation of “new” spaces was legitimated and enabled. Discursive territoriality was certainly a core product of BANZARE: as this article’s opening paragraph demonstrates, one of the key missions of BANZARE was not simply to perform rituals of spatial possession, but to textualise them for popular and governmental consumption. Within ten months of the expedition’s return, Hurley’s film Southward Ho! With Mawson was touring Australia. BANZARE consisted of two separate trips to Antarctica; Southward Ho! documents the first of these, while Siege of the South documents the both the first and the second, 1930-1, mission. While there is not space here to provide a detailed textual analysis of the entire film, a focus on the “Proclamation Island moment” usefully points up some of the film’s central spatialising work. Hurley situated the Proclamation Island scene at the heart of the film; the scene was so important that Hurley wished he had been able to shoot two hours of footage of Mawson’s island performance (Ayres 194). This scene in the film opens with a long shot of the land and sea around the island; a soundtrack of howling wind not only documents the brutal conditions in which the expedition worked, but also emphasises the emptiness of Antarctican space prior to its “discovery” by Mawson: in this shot, the film visually confirms Antarctica’s status as an available terra nullius awaiting cooption into Australian understanding, and into Australian national space. The film then cuts to a close-up of Mawson raising the flag; the sound of the wind disappears as Mawson begins to read the proclamation of possession. It is as if Mawson’s proclamation of possession stills the protean chaos of unclaimed Antarctic space by inviting it into the spatial order of national territory: at this moment, Antarctica’s agency is symbolically subsumed by Mawson’s acquisitive words. As the scene ends, the camera once again pans over the surrounding sea and ice scape, visually confirming the impact of Mawson’s—and the film’s—performance: all this, the shot implies, is now made meaningful; all this is now understood, recorded, and, most importantly, all this is now ours. A textual analysis of this filmic moment might identify numerous other spatialising strategies at work: its conflation of Mawson’s and the viewer’s proprietary gazes (Ryan), its invocation of the sublime, or its legitimising conflation of the ‘purity’ of the whiteness of the landscape with the whiteness of its claimants (Dyer 21). However, the spatial productivity of this moment far exceeds the discursive. What is at times frustrating about discourse analyses of spatiality is that they too often fail to articulate representation to other, equally potent, cultural technologies of spatial production. John Wylie notes that “on the whole, accounts of early twentieth-century Antarctic exploration exhibit a particular tendency to position and interpret exploratory experience in terms of self-contained discursive ensembles” (170). Despite the undisputed power of textuality, discourse alone does not, and cannot, produce a spatial possession. “Discursive and representational practices,” as Jane Jacobs observes, “are in a mutually constitutive relationship with political and economic forces” (9); spatiality, in other words, is not simply a matter of texts. In order to understand fully the process of Antarctican spatial acquisition, it is necessary to depart from tales of exploration and ships and flags, and to focus on the less visceral spatiality of international territorial law. Or, more accurately, it is necessary to address the mutual imbrication of these two articulated spatialising “domains of practice” (Dixon). The emerging field of critical legal geography is founded on the premise that legal analyses of territoriality neglect the spatial dimension of their investigations; rather than seeing the law as a means of spatial production, they position space as a neutral, universally-legible entity which is neatly governed by the “external variable” of territorial law (Blomley 28). “In the hegemonic conception of the law,” Wesley Pue argues, “the entire world is transmuted into one vast isotropic surface” (568) upon which law acts. Nicholas Blomley asserts, however, that law is not a neutral organiser of space, but rather a cultural technology of spatial production. Territorial laws, in other words, make spaces, and don’t simply govern them. When Mawson planted the flag and read the proclamation, he was producing Antarctica as a legal space as well as a discursive one. Today’s international territorial laws derive directly from European imperialism: as European empires expanded, they required a spatial system that would protect their newly-annexed lands, and thus they developed a set of laws of territorial acquisition and possession. Undergirding these laws is the ontological premise that space is divisible into state-owned sovereign units. At international law, space can be acquired by its imperial claimants in one of three main ways: through conquest, cession (treaty), or through “the discovery of terra nullius” (see Triggs 2). Antarctica and Australia remain the globe’s only significant spaces to be transformed into possessions through the last of these methods. In the spatiality of the international law of discovery, explorers are not just government employees or symbolic representatives, but vessels of enormous legal force. According to international territorial law, sovereign title to “new” territory—land defined (by Europeans) as terra nullius, or land belonging to no one—can be established through the eyes, feet, codified ritual performances, and documents of explorers. That is, once an authorised explorer—Mawson carried documents from both the Australian Prime Minister and the British King that invested his body and his texts with the power to transform land into a possession—saw land, put his foot on it, planted a flag, read a proclamation, then documented these acts in words and maps, that land became a possession. These performative rituals and their documentation activate the legal spatiality of territorial acquisition; law here is revealed as a “bundle of practices” that produce space as a possession (Ford 202). What we witness when we attend to Mawson’s island performance, then, is not merely a discursive performance, but also the transformation of Antarctica into a legal space of possession. Similarly, the films and documents generated by the expedition are more than just a “sign system of human ambition” (Tang 190), they are evidence, valid at law, of territorial possession. They are key components of Australia’s legal currency of Antarctican spatial purchase. What is of central importance here is that Mawson’s BANZARE performance on Proclamation Island is a moment in which the dryly legal, the bluntly physical, and the densely textual clearly intersect in the creation of space as a possession. Australia did not take possession of forty-two percent of Antarctica after BANZARE by law, by exploration, or by representation alone. The Australian government built its Antarctic space with letters patent and legal documents. BANZARE produced Australia’s Antarctic possession through the physical and legal rituals of flag-planting, proclamation-reading, and exploration. BANZARE further contributed to Australia’s polar empire with maps, journals, photos and films, and cadastral lists of the region’s animals, minerals, magnetic fields, and winds. The law of “discovery of terra nullius” coalesced these spaces into a territory officially designated as Australian. It is crucial to recognise that the production of nearly half of Antarctica as Australian space was, and is not a matter of discourse, of physical performance, or of law alone. Rather, these three cultural technologies of spatial production are mutually imbricated; none can function without the others, nor is one reducible to an epiphenomenon of another. To focus on the discursive products of BANZARE without attending to the expedition’s legal work not only downplays the significance of Mawson’s spatialising achievement, but also blinds us to the role that law plays in the production of space. Attending to Mawson’s Proclamation Island moment points to the unique nature of Australia’s Antarctic spatiality: unlike the US, which constructs Antarctic spatiality as entirely non-sovereign; and unlike Chile, which bases its Antarctic sovereignty claim on Papal Bulls and acts of domestic colonisation, Australian Antarctic space is a spatiality of possession, founded on a bedrock of imperial exploration, representation, and law. Seventy-four years ago, the camera whirred as a man stuck a flagpole into the bleak summit rocks of a small Antarctic island: six million square kilometres of Antarctica became, and remain, Australian space. Works Cited Agnew, John, and Stuart Corbridge. Mastering Space: Hegemony, Territory and International Political Economy. London: Routledge, 1995. Ayres, Philip. Mawson: A Life. Melbourne: Melbourne UP, 1999. Blomley, Nicholas. Law, Space, and the Geographies of Power. New York: Guilford, 1994. Bush, W. M. Antarctica and International Law: A Collection of Inter-State and National Documents. Vol. 2. London: Oceana, 1982. Carter, Paul. The Road to Botany Bay: An Essay in Spatial History. London: Faber, 1987. Dixon, Rob. Prosthetic Gods: Travel, Representation and Colonial Governance. Brisbane: UQP, 2001. Dodds, Klaus. Geopolitics in Antarctica: Views from the Southern Oceanic Rim. Chichester: Wiley, 1997. Dyer, Richard. White. London: Routledge, 1997. Ford, Richard. “Law’s Territory (A History of Jurisdiction).” The Legal Geographies Reader. Ed. Nicholas Blomley and Richard Ford. Oxford: Blackwell, 2001. 200-17. Gibson, Ross. The Diminishing Paradise: Changing Literary Perceptions of Australia. Sydney: Sirius, 1984. Hains, Brigid. The Ice and the Inland: Mawson, Flynn, and the Myth of the Frontier. Melbourne: Melbourne UP, 2002. Imperial Conference, 1926. Summary of Proceedings. London: His Majesty’s Stationary Office, 1926. Jacka, Fred, and Eleanor Jacka, eds. Mawson’s Antarctic Diaries. Sydney: Allen & Unwin, 1988. Jacobs, Jane. Edge of Empire: Postcolonialism and the City. London: Routledge, 1996. Pue, Wesley. “Wrestling with Law: (Geographical) Specificity versus (Legal) Abstraction.” Urban Geography 11.6 (1990): 566-85. Ryan, Simon. The Cartographic Eye: How the Explorers Saw Australia. Cambridge: Cambridge UP, 1996. Tang, David. “Writing on Antarctica.” Room 5 1 (2000): 185-95. Triggs, Gillian. International Law and Australian Sovereignty in Antarctica. Sydney: Legal, 1986. Wylie, John. “Earthly Poles: The Antarctic Voyages of Scott and Amundsen.” Postcolonial Geographies. Ed Alison Blunt and Cheryl McEwan. London: Continuum, 2002. 169-83. Citation reference for this article MLA Style Collis, Christy. "Australia’s Antarctic Turf" M/C: A Journal of Media and Culture <http://www.media-culture.org.au/0403/02-feature-australia.php>. APA Style Collis, C. (2004, Mar17). Australia’s Antarctic Turf. M/C: A Journal of Media and Culture,7,<http://www.media-culture.org.au/0403/02-feature australia.php>

Abstract:

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

Abstract:

By most accounts, “resilience” is a pretty resilient concept. Or policy instrument. Or heuristic tool. It’s this last that really concerns us here: resilience not as a politics, but rather as a descriptive device for attempts in the humanities—particularly in rhetoric and cultural studies—to adequately describe a discursive event. Or rather, to adequately describe a class of discursive events: those that involve rhetorical resistance by victimised subjects. I’ve argued elsewhere (Munro, Descriptive; Reading) that Peircean semiosis, inflected by a rhetorical postulate of genre, equips us well to closely describe a discursive event. Here, I want briefly to suggest that resilience—“discursive” resilience, to coin a term—might usefully supplement these hypotheses, at least from time to time. To support this suggestion, I’ll signal some uses of resilience before turning briefly to a case study: a sensational Argentine homicide case, which occurred in October 2002, and came to be known as the caso Belsunce. At the time, Argentina was wracked by economic crises and political instability. The imposition of severe restrictions on cash withdrawals from bank deposits had provoked major civil unrest. Between 21 December 2001 and 2 January 2002, Argentines witnessed a succession of five presidents. “Resilient” is a term that readily comes to mind to describe many of those who endured this catastrophic period. To describe the caso Belsunce, however—to describe its constitution and import as a discursive event—we might appeal to some more disciplinary-specific understandings of resilience. Glossing Peircean semiosis as a teleological process, Short notes that “one and the same thing […] may be many different signs at once” (106). Any given sign, in other words, admits of multiple interpretants or uptakes. And so it is with resilience, which is both a keyword in academic disciplines ranging from psychology to ecology and political science, and a buzzword in several corporate domains and spheres of governmental activity. It’s particularly prevalent in the discourses of highly networked post-9/11 Anglophone societies. So what, pray tell, is resilience? To the American Psychological Association, resilience comprises “the process of adapting well in the face of adversity.” To the Resilience Solutions Group at Arizona State University, resilience is “the capacity to recover fully from acute stressors, to carry on in the face of chronic difficulties: to regain one’s balance after losing it.” To the Stockholm Resilience Centre, resilience amounts to the “capacity of a system to continually change and adapt yet remain within critical thresholds,” while to the Resilience Alliance, resilience is similarly “the capacity of a system to absorb disturbance and still retain its basic function and structure” (Walker and Salt xiii). The adjective “resilient” is thus predicated of those entities, individuals or collectivities, which exhibit “resilience”. A “resilient Australia,” for example, is one “where all Australians are better able to adapt to change, where we have reduced exposure to risks, and where we are all better able to bounce back from disaster” (Australian Government). It’s tempting here to synthesise these statements with a sense of “ordinary language” usage to derive a definitional distillate: “resilience” is a capacity attributed to an entity which recovers intact from major injury. This capacity is evidenced in a reaction or uptake: a “resilient” entity is one which suffers some insult or disturbance, but whose integrity is held to have been maintained, or even enhanced, by its resistive or adaptive response. A conjecturally “resilient” entity is thus one which would presumably evince resilience if faced with an unrealised aversive event. However, such abstractions ignore how definitional claims do rhetorical work. On any given occasion, how “resilience” and its cognates are construed and what they connote are a function, at least in part, of the purposes of rhetorical agents and the protocols and objects of the disciplines or genres in which these agents put these terms to work. In disciplines operating within the same form of life or sphere of activity—disciplines sharing general conventions and broad objects of inquiry, such as the capacious ecological sciences or the contiguous fields of study within the ambit of applied psychology—resilience acts, at least at times, as a something of a “boundary object” (Star and Griesemer). Correlatively, across more diverse and distant fields of inquiry, resilience can work in more seemingly exclusive or contradictory ways (see Handmer and Dovers). Rhetorical aims and disciplinary objects similarly determine the originary tales we are inclined to tell. In the social sciences, the advent of resilience is often attributed to applied psychology, indebted, in turn, to epidemiology (see Seery, Holman and Cohen Silver). In environmental science, by contrast, resilience is typically taken to be a theory born in ecology (indebted to engineering and to the physical sciences, in particular to complex systems theory [see Janssen, Schoon, Ke and Börner]). Having no foundational claim to stake and, moreover, having different purposes and taking different objects, some more recent uptakes of resilience, in, for instance, securitisation studies, allow for its multidisciplinary roots (see Bourbeau; Kaufmann). But if resilience is many things to many people, a couple of commonalities in its range of translations should be drawn out. First, irrespective of its discipline or sphere of activity, talk of resilience typically entails construing an object of inquiry qua system, be that system an individual, a community of circ*mstance, a state, a socio-ecological unit or some differently delimited entity. This bounded system suffers some insult with no resulting loss of structural, relational, functional or other integrity. Second, resilience is usually marshalled to promote a politics. Resilience talk often consorts with discourses of meliorative action and of readily quantifiable practical effects. When the environmental sciences take the “Earth system” and the dynamics of global change as their objects of inquiry, a postulate of resilience is key to the elaboration and implementation of natural resource management policy. Proponents of socio-ecological resilience see the resilience hypothesis as enabling a demonstrably more enlightened stewardship of the biosphere (see Folke et al.; Holling; Walker and Salt). When applied psychology takes the anomalous situation of disadvantaged, at-risk individuals triumphing over trauma as its declared object of inquiry, a postulate of resilience is key to the positing and identification of personal and environmental resources or protective factors which would enable the overcoming of adversity. Proponents of psychosocial resilience see this concept as enabling the elaboration and implementation of interventions to foster individual and collective wellbeing (see Goldstein and Brooks; Ungar). Similarly, when policy think-tanks and government departments and agencies take the apprehension of particular threats to the social fabric as their object of inquiry, a postulate of resilience—or of a lack thereof—is critical to the elaboration and implementation of urban infrastructure, emergency planning and disaster management policies (see Drury et al.; Handmer and Dovers). However, despite its often positive connotations, resilience is well understood as a “normatively open” (Bourbeau 11) concept. This openness is apparent in some theories and practices of resilience. In limnological modelling, for example, eutrophication can result in a lake’s being in an undesirable, albeit resilient, turbid-water state (see Carpenter et al.; Walker and Meyers). But perhaps the negative connotations or indeed perverse effects of resilience are most apparent in some of its political uptakes. Certainly, governmental operationalisations of resilience are coming under increased scrutiny. Chief among the criticisms levelled at the “muddled politics” (Grove 147) of and around resilience is that its mobilisation works to constitute a particular neoliberal subjectivity (see Joseph; Neocleous). By enabling a conservative focus on individual responsibility, preparedness and adaptability, the topos of resilience contributes critically to the development of neoliberal governmentality (Joseph). In a practical sense, this deployment of resilience silences resistance: “building resilient subjects,” observe Evans and Reid (85), “involves the deliberate disabling of political habits. […] Resilient subjects are subjects that have accepted the imperative not to resist or secure themselves from the difficulties they are faced with but instead adapt to their enabling conditions.” It’s this prospect of practical acquiescence that sees resistance at times opposed to resilience (Neocleous). “Good intentions not withstanding,” notes Grove (146), “the effect of resilience initiatives is often to defend and strengthen the political economic status quo.” There’s much to commend in these analyses of how neoliberal uses of resilience constitute citizens as highly accommodating of capital and the state. But such critiques pertain to the governmental mobilisation of resilience in the contemporary “advanced liberal” settings of “various Anglo-Saxon countries” (Joseph 47). There are, of course, other instances—other events in other times and places—in which resilience indisputably sorts with resistance. Such an event is the caso Belsunce, in which a rhetorically resilient journalistic community pushed back, resisting some of the excesses of a corrupt neoliberal Argentine regime. I’ll turn briefly to this infamous case to suggest that a notion of “discursive resilience” might afford us some purchase when it comes to describing discursive events. To be clear: we’re considering resilience here not as an anticipatory politics, but rather as an analytic device to supplement the descriptive tools of Peircean semiosis and a rhetorical postulate of genre. As such, it’s more an instrument than an answer: a program, perhaps, for ongoing work. Although drawing on different disciplinary construals of the term, this use of resilience would be particularly indebted to the resilience thinking developed in ecology (see Carpenter el al.; Folke et al.; Holling; Walker et al.; Walker and Salt). Things would, of course, be lost in translation (see Adger; Gallopín): in taking a discursive event, rather than the dynamics of a socio-ecological system, as our object of inquiry, we’d retain some topological analogies while dispensing with, for example, Holling’s four-phase adaptive cycle (see Carpenter et al.; Folke; Gunderson; Gunderson and Holling; Walker et al.). For our purposes, it’s unlikely that descriptions of ecosystem succession need to be carried across. However, the general postulates of ecological resilience thinking—that a system is a complex series of dynamic relations and functions located at any given time within a basin of attraction (or stability domain or system regime) delimited by thresholds; that it is subject to multiple attractors and follows trajectories describable over varying scales of time and space; that these trajectories are inflected by exogenous and endogenous perturbations to which the system is subject; that the system either proves itself resilient to these perturbations in its adaptive or resistive response, or transforms, flipping from one domain (or basin) to another may well prove useful to some descriptive projects in the humanities. Resilience is fundamentally a question of uptake or response. Hence, when examining resilience in socio-ecological systems, Gallopín notes that it’s useful to consider “not only the resilience of the system (maintenance within a basin) but also coping with impacts produced and taking advantage of opportunities” (300). Argentine society in the early-to-mid 2000s was one such socio-political system, and the caso Belsunce was both one such impact and one such opportunity. Well-connected in the world of finance, 57-year-old former stockbroker Carlos Alberto Carrascosa lived with his 50-year-old sociologist turned charity worker wife, María Marta García Belsunce, close to their relatives in the exclusive gated community of Carmel Country Club, Pilar, Provincia de Buenos Aires, Argentina. At 7:07 pm on Sunday 27 October 2002, Carrascosa called ambulance emergencies, claiming that his wife had slipped and knocked her head while drawing a bath alone that rainy Sunday afternoon. At the time of his call, it transpired, Carrascosa was at home in the presence of intimates. Blood was pooled on the bathroom floor and smeared and spattered on its walls and adjoining areas. María Marta lay lifeless, brain matter oozing from several holes in her left parietal and temporal lobes. This was the moment when Carrascosa, calm and coherent, called emergency services, but didn’t advert the police. Someone, he told the operator, had slipped in the bath and bumped her head. Carrascosa described María Marta as breathing, with a faint pulse, but somehow failed to mention the holes in her head. “A knock with a tap,” a police source told journalist Horacio Cecchi, “really doesn’t compare with the five shots to the head, the spillage of brain matter and the loss of about half a litre of blood suffered by the victim” (Cecchi and Kollmann). Rather than a bathroom tap, María Marta’s head had met with five bullets discharged from a .32-calibre revolver. In effect, reported Cecchi, María Marta had died twice. “While perhaps a common conceit in fiction,” notes Cecchi, “in reality, dying twice is, by definition, impossible. María Marta’s two obscure endings seem to unsettle this certainty.” Her cadaver was eventually subjected to an autopsy, and what had been a tale of clumsiness and happenstance was rewritten, reinscribed under the Argentine Penal Code. The autopsy was conducted 36 days after the burial of María Marta; nine days later, she was mentioned for the second time in the mainstream Argentine press. Her reappearance, however, was marked by a shift in rubrics: from a short death notice in La Nación, María Marta was translated to the crime section of Argentina’s dailies. Until his wife’s mediatic reapparition, Carroscosa and other relatives had persisted with their “accident” hypothesis. Indeed, they’d taken a range of measures to preclude the sorts of uptakes that might ordinarily be expected to flow, under functioning liberal democratic regimes, from the discovery of a corpse with five projectiles lodged in its head. Subsequently recited as part of Carrascosa’s indictment, these measures were extensively reiterated in media coverage of the case. One of the more notorious actions involved the disposal of the sixth bullet, which was found lying under María Marta. In the course of moving the body of his half-sister, John Hurtig retrieved a small metallic object. This discovery was discussed by a number of family members, including Carrascosa, who had received ballistics training during his four years of naval instruction at the Escuela Nacional de Náutica de la Armada. They determined that the object was a lug or connector rod (“pituto”) used in library shelving: nothing, in any case, to indicate a homicide. With this determination made, the “pituto” was duly wrapped in lavatory paper and flushed down the toilet. This episode occasioned a range of outraged articles in Argentine dailies examining the topoi of privilege, power, corruption and impunity. “Distinguished persons,” notes Viau pointedly, “are so disposed […] that in the midst of all that chaos, they can locate a small, hard, steely object, wrap it in lavatory paper and flush it down the toilet, for that must be how they usually dispose of […] all that rubbish that no longer fits under the carpet.” Most often, though, critical comment was conducted by translating the reporting of the case to the genres of crime fiction. In an article entitled Someone Call Agatha Christie, Quick!, H.A.T. writes that “[s]omething smells rotten in the Carmel Country; a whole pile of rubbish seems to have been swept under its plush carpets.” An exemplary intervention in this vein was the work of journalist and novelist Vicente Battista, for whom the case (María Marta) “synthesizes the best of both traditions of crime fiction: the murder mystery and the hard-boiled novels.” “The crime,” Battista (¿Hubo Otra Mujer?) has Rodolfo observe in the first of his speculative dialogues on the case, “seems to be lifted from an Agatha Christie novel, but the criminal turns out to be a copy of the savage killers that Jim Thompson usually depicts.” Later, in an interview in which he correctly predicted the verdict, Battista expanded on these remarks: This familiar plot brings together the English murder mystery and the American hard-boiled novels. The murder mystery because it has all the elements: the crime takes place in a sealed room. In this instance, sealed not only because it occurred in a house, but also in a country, a sealed place of privilege. The victim was a society lady. Burglary is not the motive. In classic murder mystery novels, it was a bit unseemly that one should kill in order to rob. One killed either for a juicy sum of money, or for revenge, or out of passion. In those novels there were neither corrupt judges nor fugitive lawyers. Once Sherlock Holmes […] or Hercule Poirot […] said ‘this is the murderer’, that was that. That’s to say, once fingered in the climactic living room scene, with everyone gathered around the hearth, the perpetrator wouldn’t resist at all. And everyone would be happy because the judges were thought to be upright persons, at least in fiction. […] The violence of the crime of María Marta is part of the hard-boiled novel, and the sealed location in which it takes place, part of the murder mystery (Alarcón). I’ve argued elsewhere (Munro, Belsunce) that the translation of the case to the genres of crime fiction and their metaanalysis was a means by which a victimised Argentine public, represented by a disempowered and marginalised fourth estate, sought some rhetorical recompense. The postulate of resilience, however, might help further to describe and contextualise this notorious discursive event. A disaffected Argentine press finds itself in a stability domain with multiple attractors: on the one hand, an acquiescence to ever-increasing politico-juridical corruption, malfeasance and elitist impunity; on the other, an attractor of increasing contestation, democratisation, accountability and transparency. A discursive event like the caso Belsunce further perturbs Argentine society, threatening to displace it from its democratising trajectory. Unable to enforce due process, Argentina’s fourth estate adapts, doing what, in the circ*mstances, amounts to the next best thing: it denounces the proceedings by translating the case to the genres of crime fiction. In so doing, it engages a venerable reception history in which the co-constitution of true crime fiction and investigative journalism is exemplified by the figure of Rodolfo Walsh, whose denunciatory works mark a “politicisation of crime” (see Amar Sánchez Juegos; El sueño). Put otherwise, a section of Argentina’s fourth estate bounced back: by making poetics do rhetorical work, it resisted the pull towards what ecology calls an undesirable basin of attraction. Through a show of discursive resilience, these journalists worked to keep Argentine society on a democratising track. References Adger, Neil W. “Social and Ecological Resilience: Are They Related?” Progress in Human Geography 24.3 (2000): 347-64. Alarcón, Cristina. “Lo Único Real Que Tenemos Es Un Cadáver.” 2007. 12 July 2007 ‹http://www.pagina12.com.ar/diario/elpais/subnotas/87986-28144-2007-07-12.html>. Amar Sánchez, Ana María. “El Sueño Eterno de Justicia.” Textos De Y Sobre Rodolfo Walsh. Ed. Jorge Raúl Lafforgue. Buenos Aires: Alianza, 2000. 205-18. ———. Juegos De Seducción Y Traición. Literatura Y Cultura De Masas. Rosario: Beatriz Viterbo, 2000. American Psychological Association. “What Is Resilience?” 2013. 9 Aug 2013 ‹http://www.apa.org/helpcenter/road-resilience.aspx>. Australian Government. “Critical Infrastructure Resilience Strategy.” 2009. 9 Aug 2013 ‹http://www.tisn.gov.au/Documents/Australian+Government+s+Critical+Infrastructure+Resilience+Strategy.pdf>. Battista, Vicente. “¿Hubo Otra Mujer?” Clarín 2003. 26 Jan. 2003 ‹http://old.clarin.com/diario/2003/01/26/s-03402.htm>. ———. “María Marta: El Relato Del Crimen.” Clarín 2003. 16 Jan. 2003 ‹http://old.clarin.com/diario/2003/01/16/o-01701.htm>. Bourbeau, Philippe. “Resiliencism: Premises and Promises in Securitisation Research.” Resilience: International Policies, Practices and Discourses 1.1 (2013): 3-17. Carpenter, Steve, et al. “From Metaphor to Measurement: Resilience of What to What?” Ecosystems 4 (2001): 765-81. Cecchi, Horacio. “Las Dos Muertes De María Marta.” Página 12 (2002). 12 Dec. 2002 ‹http://www.pagina12.com.ar/diario/sociedad/3-14095-2002-12-12.html>. Cecchi, Horacio, and Raúl Kollmann. “Un Escenario Sigilosamente Montado.” Página 12 (2002). 13 Dec. 2002 ‹http://www.pagina12.com.ar/diario/sociedad/3-14122-2002-12-13.html>. Drury, John, et al. “Representing Crowd Behaviour in Emergency Planning Guidance: ‘Mass Panic’ or Collective Resilience?” Resilience: International Policies, Practices and Discourses 1.1 (2013): 18-37. Evans, Brad, and Julian Reid. “Dangerously Exposed: The Life and Death of the Resilient Subject.” Resilience: Interational Policies, Practices and Discourses 1.2 (2013): 83-98. Folke, Carl. “Resilience: The Emergence of a Perspective for Social-Ecological Systems Analyses.” Global Environmental Change 16 (2006): 253-67. Folke, Carl, et al. “Resilience Thinking: Integrating Resilience, Adaptability and Transformability.” Ecology and Society 15.4 (2010). Gallopín, Gilberto C. “Linkages between Vulnerability, Resilience, and Adaptive Capacity.” Global Environmental Change 16 (2006): 293-303. Goldstein, Sam, and Robert B. Brooks, eds. Handbook of Resilience in Children. New York: Springer Science and Business Media, 2006. Grove, Kevin. “On Resilience Politics: From Transformation to Subversion.” Resilience: Interational Policies, Practices and Discourses 1.2 (2013): 146-53. Gunderson, Lance H. “Ecological Resilience - in Theory and Application.” Annual Review of Ecology and Systematics 31 (2000): 425-39. Gunderson, Lance H., and C. S. Holling, eds. Panarchy Understanding Transformations in Human and Natural Systems. Washington: Island, 2002. Handmer, John W., and Stephen R. Dovers. “A Typology of Resilience: Rethinking Institutions for Sustainable Development.” Organization & Environment 9.4 (1996): 482-511. H.A.T. “Urgente: Llamen a Agatha Christie.” El País (2003). 14 Jan. 2003 ‹http://historico.elpais.com.uy/03/01/14/pinter_26140.asp>. Holling, Crawford S. “Resilience and Stability of Ecological Systems.” Annual Review of Ecology and Systematics 4 (1973): 1-23. Janssen, Marco A., et al. “Scholarly Networks on Resilience, Vulnerability and Adaptation within the Human Dimensions of Global Environmental Change.” Global Environmental Change 16 (2006): 240-52. Joseph, Jonathan. “Resilience as Embedded Neoliberalism: A Governmentality Approach.” Resilience: International Policies, Practices and Discourses 1.1 (2013): 38-52. Kaufmann, Mareile. “Emergent Self-Organisation in Emergencies: Resilience Rationales in Interconnected Societies.” Resilience: Interational Policies, Practices and Discourses 1.1 (2013): 53-68. Munro, Andrew. “The Belsunce Case Judgement, Uptake, Genre.” Cultural Studies Review 13.2 (2007): 190-204. ———. “The Descriptive Purchase of Performativity.” Culture, Theory and Critique 53.1 (2012). ———. “Reading Austin Rhetorically.” Philosophy and Rhetoric 46.1 (2013): 22-43. Neocleous, Mark. “Resisting Resilience.” Radical Philosophy 178 March/April (2013): 2-7. Resilience Solutions Group, Arizona State U. “What Is Resilience?” 2013. 9 Aug. 2013 ‹http://resilience.asu.edu/what-is-resilience>. Seery, Mark D., E. Alison Holman, and Roxane Cohen Silver. “Whatever Does Not Kill Us: Cumulative Lifetime Adversity, Vulnerability, and Resilience.” Journal of Personality and Social Psychology 99.6 (2010): 1025-41. Short, Thomas L. “What They Said in Amsterdam: Peirce's Semiotic Today.” Semiotica 60.1-2 (1986): 103-28. Star, Susan Leigh, and James R. Griesemer. “Institutional Ecology, ‘Translations’ and Boundary Objects: Amateurs and Professionals in Berkeley's Museum of Vertebrate Zoology, 1907-39.” Social Studies of Science 19.3 (1989): 387-420. Stockholm Resilience Centre. “What Is Resilience?” 2007. 9 Aug. 2013 ‹http://www.stockholmresilience.org/21/research/what-is-resilience.html>. Ungar, Michael ed. Handbook for Working with Children and Youth Pathways to Resilience across Cultures and Contexts. Thousand Oaks: Sage, 2005. 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Abstract:

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

Abstract:

Introduction For some time now there has been a strong critical framework that identifies a significant shift in the politics of hom*osexuality in the Anglo-oriented West over the last fifteen to twenty years. In this article I draw on this framework to describe the current moment in the Australian cultural politics of hom*osexuality. I focus on the issue of same-sex marriage as a key indicator of the currently emerging era. I then turn to two Australian texts about marriage that were produced in “the period before” this time, with the aim of recovering what has been partially lost from current formations of GLBT politics and from available memories of the past. Critical Histories Lisa Duggan’s term “the new hom*onormativity” is the frame that has gained widest currency among writers who point to the incorporation of certain versions of hom*osexuality into the neo-liberal (U.S.) mainstream. She identifies a sexual politics that “does not contest dominant heteronormative assumptions and institutions, but upholds and sustains them, while promising the possibility of a demobilized gay constituency and a privatized, depoliticized gay culture anchored in domesticity and consumption” (50). More recently, writing of the period inaugurated by the so-called “war on terror” and following Duggan, Jasbir Puar has introduced the term “hom*onationalism” to refer to “a collusion between hom*osexuality and American nationalism that is generated both by national rhetorics of patriotic inclusion and by gay and queer subjects themselves” (39). Damien Riggs adds the claims of Indigenous peoples in ongoing colonial contexts to the ground from which contemporary GLBT political claims can be critiqued. He concludes that while “queer people” will need to continue to struggle for rights, it is likely that cultural intelligibility “as a subject of the nation” will be extended only to those “who are established through the language of the nation (i.e., one that is founded upon the denial of colonial violence)” (97). Most writers who follow these kinds of critical analyses refer to the discursive place of hom*osexual couples and families, specifically marriage. For Duggan it was the increasing focus on “full gay access to marriage and military service” that defined hom*onormativity (50). Puar allows for a diversity of meanings of same-sex marriage, but claims that for many it is “a demand for reinstatement of white privileges and rights—rights of property and inheritance in particular” (29; see also Riggs 66–70). Of course not all authors locate the political focus on same-sex marriage and its effects as a conservative affair. British scholar Jeffrey Weeks stresses what “we” have gained and celebrates the rise of the discourse of human rights in relation to sexuality. “The very ordinariness of recognized same-sex unions in a culture which until recently cast hom*osexuality into secret corners and dark whispers is surely the most extraordinary achievement of all” (198), he writes. Australian historian Graham Willett takes a similar approach in his assessment of recent Australian history. Noting the near achievement of “the legal equality agenda for gay people” (“hom*os” 187), he notes that “the gay and lesbian movement went on reshaping Australian values and culture and society through the Howard years” (193). In his account it did this in spite of, and untainted by, the dominance of Howard's values and programs. The Howard period was “littered with episodes of insult and discrimination … [as the] government tried to stem the tide of gay, lesbian and transgender rights that had been flowing so strongly since 1969”, Willett writes (188). My own analysis of the Howard years acknowledges the significant progress made in law reform relating to same-sex couples and lesbian and gay parents but draws attention to its mutual constitution with the dominance of the white, patriarchal, neo-liberal and neo-conservative ideologies which dominated social and political life (2013 forthcoming). I argue that the costs of reform, fought for predominantly by white and middle class lesbians and gay men deploying hom*onormative discourses, included the creation of new identities—single lesbians and gays whose identity did not fit mainstream notions, non-monogamous couples and bad mothers—which were positioned on the illegitimate side of the newly enfranchised. Further the success of the reforms marginalised critical perspectives that are, for many, necessary tools for survival in socially conservative neoliberal times. Same-Sex Marriage in Australia The focus on same-sex marriage in the Australian context was initiated in April 2004 by then Prime Minister Howard. An election was looming and two same-sex couples were seeking recognition of their Canadian marriages through the courts. With little warning, Howard announced that he would amend the Federal Marriage Act to specify that marriage could only take place between a man and a woman. His amendment also prevented the recognition of same-sex marriages undertaken overseas. Legislation was rushed through the parliament in August of that year. In response, Australian Marriage Equality was formed in 2004 and remains at the centre of the GLBT movement. Since that time political rallies in support of marriage equality have been held regularly and the issue has become the key vehicle through which gay politics is understood. Australians across the board increasingly support same-sex marriage (over 60% in 2012) and a growing majority of gay and lesbian people would marry if they could (54% in 2010) (AME). Carol Johnson et al. note that while there are some critiques, most GLBT people see marriage “as a major equality issue” (Johnson, Maddison and Partridge 37). The degree to which Howard’s move changed the terrain of GLBT politics cannot be underestimated. The idea and practice of (non-legal) hom*osexual marriage in Australia is not new. And some individuals, publicly and privately, were calling for legal marriage for same-sex couples before 2004 (e.g. Baird, “Kerryn and Jackie”). But before 2004 legal marriage did not inspire great interest among GLBT people nor have great support among them. Only weeks before Howard’s announcement, Victorian legal academic and co-convenor of the Victorian Gay & Lesbian Rights Lobby Miranda Stewart concluded an article about same-sex relationship law reform in Victoria with a call to “begin the debate about gay marriage” (80, emphasis added). She noted that the growing number of Australian couples married overseas would influence thinking about marriage in Australia. She also asked “do we really want to be part of that ‘old edifice’ of marriage?” (80). Late in 2003 the co-convenors of the NSW Gay and Lesbian Rights Lobby declared that “many members of our community are not interested in marriage” and argued that there were more pressing, and more practical, issues for the Lobby to be focused on (Cerise and McGrory 5). In 2001 Jenni Millbank and Wayne Morgan, two leading legal academics and activists in the arena of same-sex relationship politics in Australia, wrote that “The notion of ‘same-sex marriage’ is quite alien to Australia” (Millbank and Morgan, 295). They pointed to the then legal recognition of heterosexual de facto relationships as the specific context in Australia, which meant that marriage was not viewed as "paradigmatic" (296). In 1998 a community consultation conducted by the Equal Opportunity Commission in Victoria found that “legalising marriage for same-sex couples did not enjoy broad based support from either the community at large or the gay and lesbian community” (Stewart 76). Alongside this general lack of interest in marriage, from the early-mid 1990s gay and lesbian rights groups in each state and territory began to think about, if not campaign for, law reform to give same-sex couples the same entitlements as heterosexual de facto couples. The eventual campaigns differed from state to state, and included moments of high profile public activity, but were in the main low key affairs that met with broadly sympathetic responses from state and territory ALP governments (Millbank). The previous reforms in every state that accorded heterosexual de facto couples near equality with married couples meant that gay and lesbian couples in Australia could gain most of the privileges available to heterosexual couples without having to encroach on the sacred territory (and federal domain) of marriage. In 2004 when Howard announced his marriage bill only South Australia had not reformed its law. Notwithstanding these reforms, there were matters relating to lesbian and gay parenting that remained in need of reform in nearly every jurisdiction. Further, Howard’s aggressive move in 2004 had been preceded by his dogged refusal to consider any federal legislation to remove discrimination. But in 2008 the new Rudd government enacted legislation to remove all discrimination against same-sex couples in federal law, with marriage and (ironically) the lack of anti-discrimination legislation on the grounds of sexuality the exceptions, and at the time of writing most states have made or will soon implement the reforms that give full lesbian and gay parenting rights. In his comprehensive account of gay politics from the 1950s onwards, published in 2000, Graham Willett does not mention marriage at all, and deals with the moves to recognise same-sex relationships in one sixteen line paragraph (Living 249). Willett’s book concludes with the decriminalisation of sex between men across every state of Australia. It was written just as the demand for relationship reform was becoming the central issue of GLBT politics. In this sense, the book marks the end of one era of hom*osexual politics and the beginning of the next which, after 2004, became organised around the desire for marriage. This understanding of the recent gay past has become common sense. In a recent article in the Adelaide gay paper blaze a young male journalist wrote of the time since the early 1970s that “the gay rights movement has shifted from the issue of decriminalising hom*osexuality nationwide to now lobbying for full equal rights for gay people” (Dunkin 3). While this (reductive and male-focused) characterisation is not the only one possible, I simply note that this view of past and future progress has wide currency. The shift of attention in this period to the demand for marriage is an intensification and narrowing of political focus in a period of almost universal turn by state and federal governments to neoliberalism and an uneven turn to neo-conservatism, directions which have detrimental effects on the lives of many people already marginalised by discourses of sexuality, race, class, gender, migration status, (dis)ability and so on. While the shift to the focus on marriage from 2004 might be understood as the logical final step in gaining equal status for gay and lesbian relationships (albeit one with little enthusiasm from the GLBT political communities before 2004), the initiation of this shift by Prime Minister Howard, with little preparatory debate in the LGBT political communities, meant that the issue emerged onto the Australian political agenda in terms defined by the (neo)conservative side of politics. Further, it is an example of identity politics which, as Lisa Duggan has observed in the US case, is “increasingly divorced from any critique of global capitalism” and settles for “a stripped-down equality, paradoxically imagined as compatible with persistent overall inequality” (xx). Brides before Marriage In the last part of this article I turn to two texts produced early in 1994—an activist document and an ephemeral performance during the Sydney Gay and Lesbian Mardi Gras parade. If we point only to the end of the era of (de)criminalisation, then the year 1997, when the last state, Tasmania, decriminalised male hom*osex, marks the shift from one era of the regulation of hom*osexuality to another. But 1994 bore the seeds of the new era too. Of course attempts to identify a single year as the border between one era and the next are rhetorical devices. But some significant events in 1994 make it a year of note. The Australian films Priscilla: Queen of the Desert and The Sum of Us were both released in 1994, marking particular Australian contributions to the growing presence of gay and lesbian characters in Western popular culture (e.g. Hamer and Budge). 1994 was the UN International Year of the Family (IYF) and the Sydney Gay and Lesbian Mardi Gras chose the theme “We are Family” and published endorsem*nt from both Prime Minister Keating and the federal opposition leader John Hewson in their program. In 1994 the ACT became the first Australian jurisdiction to pass legislation that recognised the rights and entitlements of same-sex couples, albeit in a very limited and preliminary form (Millbank 29). The NSW Gay and Lesbian Rights Lobby's (GLRL) 1994 discussion paper, The Bride Wore Pink, can be pinpointed as the formal start to community-based activism for the legal recognition of same-sex relationships. It was a revision of an earlier version that had been the basis for discussion among (largely inner Sydney) gay and lesbian communities where there had been lively debate and dissent (Zetlein, Lesbian Bodies 48–57). The 1994 version recommended that the NSW government amend the existing definition of de facto in various pieces of legislation to include lesbian and gay relationships and close non-cohabiting interdependent relationships as well. This was judged to be politically feasible. In 1999 NSW became the first state to implement wide ranging reforms of this nature although these were narrower than called for by the GLRL, “including lesser number of Acts amended and narrower application and definition of the non-couple category” (Millbank 10). My concern here is not with the politics that preceded or followed the 1994 version of The Bride, but with the document itself. Notwithstanding its status for some as a document of limited political vision, The Bride bore clear traces of the feminist and liberationist thinking, the experiences of the AIDS crisis in Sydney, and the disagreements about relationships within lesbian and gay communities that characterised the milieu from which it emerged. Marriage was clearly rejected, for reasons of political impossibility but also in light of a list of criticisms of its implication in patriarchal hierarchies of relationship value (31–2). Feminist analysis of relationships was apparent throughout the consideration of pros and cons of different legislative options. Conflict and differences of opinion were evident. So was humour. The proliferation of lesbian and gay commitment ceremonies was listed as both a pro and a con of marriage. On the one hand "just think about the prezzies” (31); on the other, “what will you wear” (32). As well as recommending change to the definition of de facto, The Bride recommended the allocation of state funds to consider “the appropriateness or otherwise of bestowing entitlements on the basis of relationships,” “the focusing on monogamy, exclusivity and blood relations” and the need for broader definitions of “relationships” in state legislation (3). In a gesture towards a political agenda beyond narrowly defined lesbian and gay interests, The Bride also recommended that “the lesbian and gay community join together with other groups to lobby for the removal of the cohabitation rule in the Social Security Act 1991” (federal legislation) (34). This measure would mean that the payment of benefits and pensions would not be judged in the basis of a person’s relationship status. While these radical recommendations may not have been energetically pursued by the GLRL, their presence in The Bride records their currency at the time. The other text I wish to excavate from 1994 is the “flotilla of lesbian brides” in the 1994 Sydney Gay and Lesbian Mardi Gras. These lesbians later appeared in the April 1994 issue of Sydney lesbian magazine Lesbians on the Loose, and they have a public afterlife in a photo by Sydney photographer C Moore Hardy held in the City of Sydney archives (City of Sydney). The group of between a dozen and twenty lesbians (it is hard to tell from the photos) was dressed in waist-to-ankle tulle skirts, white bras and white top hats. Many wore black boots. Unshaven underarm hair is clearly visible. Many wore long necklaces around their necks and the magazine photo makes clear that one bride has a black whip tucked into the band of her skirt. In an article about lesbians and legal recognition of their relationships published in 1995, Sarah Zetlein referred to the brides as “chicks in white satin” (“Chicks”). This chick was a figure that refused the binary distinction between being inside and outside the law, which Zetlein argued characterised thinking about the then emerging possibilities of the legal recognition of lesbian (and gay) relationships. Zetlein wrote that “the chick in white satin”: Represents a politics which moves beyond the concerns of one’s own identity and demands for inclusion to exclusion to a radical reconceptualisation of social relations. She de(con)structs and (re) constructs. … The chick in white satin’s resistance often lies in her exposure and manipulation of her regulation. It is not so much a matter of saying ‘no’ to marriage outright, or arguing only for a ‘piecemeal’ approach to legal relationship regulation, or lobbying for de facto inclusion as was recommended by The Bride Wore Pink, but perverting the understanding of what these legally-sanctioned sexual, social and economic relationships mean, hence undermining their shaky straight foundations.(“Chicks” 56–57) Looking back to 1994 from a time nearly twenty years later when (straight) lesbian brides are celebrated by GLBT culture, incorporated into the mainstream and constitute a market al.ready anticipated by “the wedding industrial complex” (Ingraham), the “flotilla of lesbian brides” can be read as a prescient queer negotiation of their time. It would be a mistake to read the brides only in terms of a nascent interest in legally endorsed same-sex marriage. In my own limited experience, some lesbians have always had a thing for dressing up in wedding garb—as brides or bridesmaids. The lesbian brides marching group gave expression to this desire in queer ways. The brides were not paired into couples. Zetlein writes that “the chick in white satin … [has] a veritable posse of her girlfriends with her (and they are all the brides)” (“Chicks” 63, original emphasis). Their costumes were recognisably bridal but also recognisably parodic and subverting; white but hardly innocent; the tulle and bras were feminine but the top hats were accessories conventionally worn by the groom and his men; the underarm hair a sign of feminist body politics. The whip signalled the lesbian underground sexual culture that flourished in Sydney in the early 1990s (O’Sullivan). The black boots were both lesbian street fashion and sensible shoes for marching! Conclusion It would be incorrect to say that GLBT politics and lesbian and gay couples who desire legal marriage in post-2004 Australia bear no trace of the history of ambivalence, critique and parody of marriage and weddings that have come before. The multiple voices in the 2011 collection of “Australian perspectives on same-sex marriage” (Marsh) put the lie to this claim. But in a climate where our radical pasts are repeatedly forgotten and lesbian and gay couples increasingly desire legal marriage, the political argument is hell-bent on inclusion in the mainstream. There seems to be little interest in a dance around the margins of inclusion/exclusion. I add my voice to the concern with the near exclusive focus on marriage and the terms on which it is sought. It is not a liberationist politics to which I have returned in recalling The Bride Wore Pink and the lesbian brides of the 1994 Gay and Lesbian Mardi Gras, but rather an attention to the differences in the diverse collective histories of non-heterosexual politics. The examples I elaborate are hardly cases of radical difference. But even these instances might remind us that “we” have never been on a single road to equality: there may be incommensurable differences between “us” as much as commonalities. They also remind that desires for inclusion and recognition by the state should be leavened with a strong dose of laughter as well as with critical political analysis. References Australian Marriage Equality (AME). “Public Opinion Nationally.” 22 Oct. 2012. ‹http://www.australianmarriageequality.com/wp/who-supports-equality/a-majority-of-australians-support-marriage-equality/›. Baird, Barbara. “The Politics of hom*osexuality in Howard's Australia.” Acts of Love and Lust: Sexuality in Australia from 1945-2010. Eds. Lisa Featherstone, Rebecca Jennings and Robert Reynolds. Newcastle: Cambridge Scholars Press, 2013 (forthcoming). —. “‘Kerryn and Jackie’: Thinking Historically about Lesbian Marriages.” Australian Historical Studies 126 (2005): 253–271. Butler, Judith. “Is Kinship Always Already Heterosexual?” Differences 13.1 (2002): 14–44. Cerise, Somali, and Rob McGrory. “Why Marriage Is Not a Priority.” Sydney Star Observer 28 Aug. 2003: 5. City of Sydney Archives [061\061352] (C. Moore Hardy Collection). ‹http://www.dictionaryofsydney.org//image/40440?zoom_highlight=c+moore+hardy›. Duggan Lisa. The Twilight of Equality?: Neoliberalism, Cultural politics, and the Attack on Democracy. Boston: Beacon Press, 2003. Dunkin, Alex. “Hunter to Speak at Dr Duncan Memorial.” blaze 290 (August 2012): 3. Hamer, Diane, and Belinda Budege, Eds. The Good Bad And The Gorgeous: Popular Culture's Romance With Lesbianism. London: Pandora, 1994. Ingraham, Chrys. White Weddings: Romancing Heterosexuality in Popular Culture, 2nd ed. New York: Routledge, 2008. Johnson, Carol, and Sarah Maddison, and Emma Partridge. “Australia: Parties, Federalism and Rights Agendas.” The Lesbian and Gay Movement and the State. Ed. Manon Tremblay, David Paternotte and Carol Johnson. Surrey: Ashgate, 2011. 27–42. Lesbian and Gay Legal Rights Service. The Bride Wore Pink, 2nd ed. Sydney: GLRL, 1994. Marsh, Victor, ed. Speak Now: Australian Perspectives on Same-Sex Marriage. Melbourne: Clouds of Mgaellan, 2011. Millbank Jenni, “Recognition of Lesbian and Gay Families in Australian Law—Part one: Couples.” Federal Law Review 34 (2006): 1–44Millbank, Jenni, and Wayne Morgan. “Let Them Eat Cake and Ice Cream: Wanting Something ‘More’ from the Relationship Recognition Menu.” Legal Recognition of Same-Sex Partnerships: A Study of National, European and International Law. Ed. Robert Wintermute and Mads Andenaes. Portland: Hart Publishing, 2001. 295–316. O'Sullivan Kimberley. “Dangerous Desire: Lesbianism as Sex or Politics.” Ed. Jill Julius Matthews. Sex in Public: Australian Sexual Cultures Sydney: Allen and Unwin, 1997. 120–23. Puar, Jasbir K. Terrorist Assemblages: hom*onationalism in Queer Times. Durham: Duke UP, 2007 Stewart, Miranda, “It’s a Queer Thing: Campaigning for Equality and Social Justice for Lesbians and Gay Men”. Alternative Law Journal 29.2 (April 2004): 75–80. Walker, Kristen. “The Same-Sex Marriage Debate in Australia.” The International Journal of Human Rights 11.1–2 (2007): 109–130. Weeks, Jeffrey. The World We Have Won: The Remaking of Erotic and Intimate Life. Abindgdon: Routledge, 2007. Willett, Graham. Living Out Loud: A History of Gay and Lesbian Activism in Australia. Sydney: Allen & Unwin, 2000. Willett, Graham. “Howard and the hom*os.” Social Movement Studies 9.2 (2010): 187–199. Zetlein, Sarah. Lesbian Bodies Before the Law: Intimate Relations and Regulatory Fictions. Honours Thesis, University of Adelaide, 1994. —. “Lesbian Bodies before the Law: Chicks in White Satin.” Australian Feminist Law Journal 5 (1995): 48–63.

Abstract:

IntroductionIn 1802 George Howe (1769-1821), the recently appointed Government Printer, published Australia’s first book. The following year he established Australia’s first newspaper; an enterprise that ran counter to all the environmental factors of the day, including: 1) issues of logistics and a lack of appropriate equipment and basic materials to produce a regularly issued newspaper; 2) issues resulting from the very close supervision of production and the routine censorship by the Governor; and 3) issues associated with the colony’s primary purposes as a military outpost and as a penal settlement, creating conflicts between very different readerships. The Sydney Gazette was, critically for Howe, the only newspaper in the infant city for over two decades. Alternative voices would not enter the field of printed media until the 1820s and 1830s. This article briefly explores the birth of an Australian industry and looks at how a very modest newspaper overcame a range of serious challenges to ignite imaginations and lay a foundation for media empires.Government Printer The first book published in Australia was the New South Wales General Standing Orders and General Orders (1802), authorised by Governor Philip Gidley King for the purposes of providing a convenient, single-volume compilation of all Government Orders, issued in New South Wales, between 1791 and 1802. (As the Australian character has been described as “egalitarian, anti-authoritarian and irreverent” [D. Jones 690], it is fascinating that the nation’s first published book was a set of rules.) Prescribing law, order and regulation for the colony the index reveals the desires of those charged with the colony’s care and development, to contain various types of activities. The rules for convicts were, predictably, many. There were also multiple orders surrounding administration, animal husbandry as well as food stuffs and other stores. Some of the most striking headings in the index relate to crime. For example, in addition to headings pertaining to courts there are also headings for a broad range of offences from: “BAD Characters” to “OFFENSIVE Weapons – Again[s]t concealing” (i-xii). The young colony, still in its teenage years, was, for the short-term, very much working on survival and for the long-term developing ambitious plans for expansion and trade. It was clear though, through this volume, that there was no forgetting the colony of New South Wales was first, and foremost, a penal settlement which also served as a military outpost. Clear, too, was the fact that not all of those who were shipped out to the new colony were prepared to abandon their criminal careers which “did not necessarily stop with transportation” (Foyster 10). Containment and recidivism were matters of constant concern for the colony’s authorities. Colonial priorities could be seen in the fact that, when “Governor Arthur Phillip brought the first convicts (548 males and 188 females) to Port Jackson on 26 January 1788, he also brought a small press for printing orders, rules, and regulations” (Goff 103). The device lay dormant on arrival, a result of more immediate concerns to feed and house all those who made up the First Fleet. It would be several years before the press was pushed into sporadic service by the convict George Hughes for printing miscellaneous items including broadsides and playbills as well as for Government Orders (“Hughes, George” online). It was another convict (another man named George), convicted at the Warwick Assizes on March 1799 (Ferguson vi) then imprisoned and ultimately transported for shoplifting (Robb 15), who would transform the small hand press into an industry. Once under the hand of George Howe, who had served as a printer with several London newspapers including The Times (Sydney Gazette, “Never” 2) – the printing press was put to much more regular use. In these very humble circ*mstances, Australia’s great media tradition was born. Howe, as the Government Printer, transformed the press from a device dedicated to ephemera as well as various administrative matters into a crucial piece of equipment that produced the new colony’s first newspaper. Logistical Challenges Governor King, in the year following the appearance of the Standing Orders, authorised the publishing of Australia’s first newspaper, The Sydney Gazette and New South Wales Advertiser. The publication history of The Sydney Gazette, in a reflection of some of the challenges faced by the printer, is erratic. First published on a Saturday from 5 March 1803, it quickly changed to a Sunday paper from 10 April 1803. Interestingly, Sunday “was not an approved day for the publication of newspapers, and although some English publishers had been doing so since about 1789, Sunday papers were generally frowned upon” (Robb 58). Yet, as argued by Howe a Sunday print run allowed for the inclusion of “the whole of the Ship News, and other Incidental Matter, for the preceeding week” (Sydney Gazette, “To the Public” 1).The Sydney Gazette and New South Wales Advertiser Vol. 1, No. 1, 5 March 1803 (Front Page)Call Number DL F8/50, Digital ID a345001, State Library of New South WalesPublished weekly until 1825, then bi-weekly until 1827 before coming out tri-weekly until 20 October 1842 (Holden 14) there were some notable pauses in production. These included one in 1807 (Issue 214, 19 April-Issue 215, 7 June) and one in 1808-1809 (Issue 227, 30 August-Issue 228, 15 May) due to a lack of paper, with the latter pause coinciding with the Rum Rebellion and the end of William Bligh’s term as Governor of New South Wales (see: Karskens 186-88; Mundle 323-37). There was, too, a brief attempt at publishing as a daily from 1 January 1827 which lasted only until 10 February of that year when the title began to appear tri-weekly (Kirkpatrick online; Holden 14). There would be other pauses, including one of two weeks, shortly before the final issue was produced on 20 October 1842. There were many problems that beset The Sydney Gazette with paper shortages being especially challenging. Howe regularly advertised for: “any quantity” of Spanish paper (e.g.: Sydney Gazette, “Wanted to Purchase” 4) and needing to be satisfied “with a variety of size and colour” (P.M. Jones 39). In addition, the procurement of ink was so difficult in the colony, that Howe often resorted to making his own out of “charcoal, gum and shark oil” (P.M. Jones 39).The work itself was physically demanding and papers printed during this period, by hand, required a great deal of effort with approximately “250 sheets per hour … [the maximum] produced by a printer and his assistant” (Robb 8). The printing press itself was inadequate and the subject of occasional repairs (Sydney Gazette, “We Have” 2). Type was also a difficulty. As Gwenda Robb explains, traditionally six sets of an alphabet were supplied to a printer with extras for ‘a’, ‘e’, ‘r’ and ‘t’ as well as ‘s’. Without ample type Howe was required to improvise as can be seen in using a double ‘v’ to create a ‘w’ and an inverted ‘V’ to represent a capital ‘A’ (50, 106). These quirky work arounds, combined with the use of the long-form ‘s’ (‘∫’) for almost a full decade, can make The Sydney Gazette a difficult publication for modern readers to consume. Howe also “carried the financial burden” of the paper, dependent, as were London papers of the late eighteenth century, on advertising (Robb 68, 8). Howe also relied upon subscriptions for survival, with the collection of payments often difficult as seen in some subscribers being two years, or more, in arrears (e.g.: Sydney Gazette, “Sydney Gazette” 1; Ferguson viii; P.M. Jones 38). Governor Lachlan Macquarie granted Howe an annual salary, in 1811, of £60 (Byrnes 557-559) offering some relief, and stability, for the beleaguered printer.Gubernatorial Supervision Governor King wrote to Lord Hobart (then Secretary of State for War and the Colonies), on 9 May 1803: it being desirable that the settlers and inhabitants at large should be benefitted by useful information being dispersed among them, I considered that a weekly publication would greatly facilitate that design, for which purpose I gave permission to an ingenious man, who manages the Government printing press, to collect materials weekly, which, being inspected by an officer, is published in the form of a weekly newspaper, copies of which, as far as they have been published, I have the honor to enclose. (85)In the same letter, King wrote: “to the list of wants I have added a new fount of letters which may be procured for eight or ten pounds, sufficient for our purpose, if approved of” (85). King’s motivations were not purely altruistic. The population of the colony was growing in Sydney Cove and in the outlying districts, thus: “there was an increasing administrative need for information to be disseminated in a more accessible form than the printed handbills of government orders” (Robb 49). There was, however, a need for the administration to maintain control and the words “Published By Authority”, appearing on the paper’s masthead, were a constant reminder to the printer that The Sydney Gazette was “under the censorship of the Secretary to the Governor, who examined all proofs” (Ferguson viii). The high level of supervision, worked in concert with the logistical difficulties described above, ensured the newspaper was a source of great strain and stress. All for the meagre reward of “6d per copy” (Ferguson viii). This does not diminish Howe’s achievement in establishing a newspaper, an accomplishment outlined, with some pride, in an address printed on the first page of the first issue:innumerable as the Obstacles were which threatened to oppose our Undertaking, yet we are happy to affirm that they were not insurmountable, however difficult the task before us.The utility of a PAPER in the COLONY, as it must open a source of solid information, will, we hope, be universally felt and acknowledged. (Sydney Gazette, “Address” 1)Howe carefully kept his word and he “wrote nothing like a signature editorial column, nor did he venture his personal opinions, conscious always of the powers of colonial officials” (Robb 72). An approach to reportage he passed to his eldest son and long-term assistant, Robert (1795-1829), who later claimed The Sydney Gazette “reconciled in one sheet the merits of the London Gazette in upholding the Government and the London Times in defending the people” (Walker 10). The censorship imposed on The Sydney Gazette, by the Governor, was lifted in 1824 (P.M. Jones 40), when the Australian was first published without permission: Governor Thomas Brisbane did not intervene in the new enterprise. The appearance of unauthorised competition allowed Robert Howe to lobby for the removal of all censorship restrictions on The Sydney Gazette, though he was careful to cite “greater dispatch and earlier publication, not greater freedom of expression, as the expected benefit” (Walker 6). The sudden freedom was celebrated, and still appreciated many years after it was given:the Freedom of the Press has now been in existence amongst us on the verge of four years. In October 1824, we addressed a letter to the Colonial Government, fervently entreating that those shackles, under which the Press had long laboured, might be removed. Our prayer was attended to, and the Sydney Gazette, feeling itself suddenly introduced to a new state of existence, demonstrated to the Colonists the capabilities that ever must flow from the spontaneous exertions of Constitutional Liberty. (Sydney Gazette, “Freedom” 2)Early Readerships From the outset, George Howe presented a professional publication. The Sydney Gazette was formatted into three columns with the front page displaying a formal masthead featuring a scene of Sydney and the motto “Thus We Hope to Prosper”. Gwenda Robb argues the woodcut, the first produced in the colony, was carved by John W. Lewin who “had plenty of engraving skills” and had “returned to Sydney [from a voyage to Tahiti] in December 1802” (51) while Roger Butler has suggested that “circ*mstances point to John Austin who arrived in Sydney in 1800” as being the engraver (91). The printed text was as vital as the visual supports and every effort was made to present full accounts of colonial activities. “As well as shipping and court news, there were agricultural reports, religious homilies, literary extracts and even original poetry written by Howe himself” (Blair 450). These items, of course, sitting alongside key Government communications including General Orders and Proclamations.Howe’s language has been referred to as “florid” (Robb 52), “authoritative and yet filled with deference for all authority, pompous in a stiff, affected eighteenth century fashion” (Green 10) and so “some of Howe’s readers found the Sydney Gazette rather dull” (Blair 450). Regardless of any feelings towards authorial style, circulation – without an alternative – steadily increased with the first print run in 1802 being around 100 copies but by “the early 1820s, the newspaper’s production had grown to 300 or 400 copies” (Blair 450).In a reflection of the increasing sophistication of the Sydney-based reader, George Howe, and Robert Howe, would also publish some significant, stand-alone, texts. These included several firsts: the first natural history book printed in the colony, Birds of New South Wales with their Natural History (1813) by John W. Lewin (praised as a text “printed with an elegant and classical simplicity which makes it the highest typographical achievement of George Howe” [Wantrup 278]); the first collection of poetry published in the colony First Fruits of Australian Poetry (1819) by Barron Field; the first collection of poetry written by a Australian-born author, Wild Notes from the Lyre of a Native Minstrel (1826) by Charles Tompson; and the first children’s book A Mother’s Offering to Her Children: By a Lady, Long Resident in New South Wales (1841) by Charlotte Barton. The small concern also published mundane items such as almanacs and receipt books for the Bank of New South Wales (Robb 63, 72). All against the backdrop of printing a newspaper.New Voices The Sydney Gazette was Australia’s first newspaper and, critically for Howe, the only newspaper for over two decades. (A second paper appeared in 1810 but the Derwent Star and Van Diemen’s Land Intelligencer, which only managed twelve issues, presented no threat to The Sydney Gazette.) No genuine, local rival entered the field until 1824, when the Australian was founded by barristers William Charles Wentworth and Robert Wardell. The Monitor debuted in 1826, followed the Sydney Herald in 1831 and the Colonist in 1835 (P.M. Jones 38). It was the second title, the Australian, with a policy that asserted articles to be: “Independent, yet consistent – free, yet not licentious – equally unmoved by favours and by fear” (Walker 6), radically changed the newspaper landscape. The new paper made “a strong point of its independence from government control” triggering a period in which colonial newspapers “became enmeshed with local politics” (Blair 451). This new age of opinion reflected how fast the colony was evolving from an antipodean gaol into a complex society. Also, two papers, without censorship restrictions, without registration, stamp duties or advertisem*nt duties meant, as pointed out by R.B. Walker, that “in point of law the Press in the remote gaol of exile was now freer than in the country of origin” (6). An outcome George Howe could not have predicted as he made the long journey, as a convict, to New South Wales. Of the early competitors, the only one that survives is the Sydney Herald (The Sydney Morning Herald from 1842), which – founded by immigrants Alfred Stephens, Frederick Stokes and William McGarvie – claims the title of Australia’s oldest continuously published newspaper (Isaacs and Kirkpatrick 4-5). That such a small population, with so many pressing issues, factions and political machinations, could support a first newspaper, then competitors, is a testament to the high regard, with which newspaper reportage was held. Another intruder would be The Government Gazette. Containing only orders and notices in the style of the London Gazette (McLeay 1), lacking any news items or private advertisem*nts (Walker 19), it was first issued on 7 March 1832 (and continues, in an online format, today). Of course, Government orders and other notices had news value and newspaper proprietors could bid for exclusive rights to produce these notices until a new Government Printer was appointed in 1841 (Walker 20).Conclusion George Howe, an advocate of “reason and common sense” died in 1821 placing The Sydney Gazette in the hands of his son who “fostered religion” (Byrnes 557-559). Robert Howe, served as editor, experiencing firsthand the perils and stresses of publishing, until he drowned in a boating accident in Sydney Harbour, in 1829 leaving the paper to his widow Ann Howe (Blair 450-51). The newspaper would become increasingly political leading to controversy and financial instability; after more changes in ownership and in editorial responsibility, The Sydney Gazette, after almost four decades of delivering the news – as a sole voice and then as one of several alternative voices – ceased publication in 1842. During a life littered with personal tragedy, George Howe laid the foundation stone for Australia’s media empires. His efforts, in extraordinary circ*mstances and against all environmental indicators, serve as inspiration to newspapers editors, proprietors and readers across the country. He established the Australian press, an institution that has been described asa profession, an art, a craft, a business, a quasi-public, privately owned institution. It is full of grandeurs and faults, sublimities and pettinesses. It is courageous and timid. It is fallible. It is indispensable to the successful on-going of a free people. (Holden 15)George Howe also created an artefact of great beauty. The attributes of The Sydney Gazette are listed, in a perfunctory manner, in most discussions of the newspaper’s history. The size of the paper. The number of columns. The masthead. The changes seen across 4,503 issues. Yet, consistently overlooked, is how, as an object, the newspaper is an exquisite example of the printed word. There is a physicality to the paper that is in sharp contrast to contemporary examples of broadsides, tabloids and online publications. Concurrently fragile and robust: its translucent sheets and mottled print revealing, starkly, the problems with paper and ink; yet it survives, in several collections, over two centuries since the first issue was produced. The elegant layout, the glow of the paper, the subtle crackling sound as the pages are turned. The Sydney Gazette and New South Wales Advertiser is an astonishing example of innovation and perseverance. It provides essential insights into Australia’s colonial era. It is a metonym for making words matter. AcknowledgementsThe author offers her sincere thanks to Geoff Barker, Simon Dwyer and Peter Kirkpatrick for their comments on an early draft of this paper. The author is also grateful to Bridget Griffen-Foley for engaging in many conversations about Australian newspapers. ReferencesBlair, S.J. “Sydney Gazette and New South Wales Advertiser.” A Companion to the Australian Media. Ed. Bridget Griffen-Foley. North Melbourne: Australian Scholarly Publishing, 2014.Butler, Roger. Printed Images in Colonial Australia 1801-1901. Canberra: National Gallery of Australia, 2007.Byrnes, J.V. “Howe, George (1769–1821).” Australian Dictionary of Biography, National Centre of Biography: 1788–1850, A–H. Canberra: Australian National University, 1966. 557-559. Ferguson, J.A. “Introduction.” The Sydney Gazette and New South Wales Advertiser: A Facsimile Reproduction of Volume One, March 5, 1803 to February 26, 1804. Sydney: The Trustees of the Public Library of New South Wales in Association with Angus & Robertson, 1963. v-x. Foyster, Elizabeth. “Introduction: Newspaper Reporting of Crime and Justice.” Continuity and Change 22.1 (2007): 9-12.Goff, Victoria. “Convicts and Clerics: Their Roles in the Infancy of the Press in Sydney, 1803-1840.” Media History 4.2 (1998): 101-120.Green, H.M. “Australia’s First Newspaper.” Sydney Morning Herald, 11 Apr. 1935: 10.Holden, W. Sprague. Australia Goes to Press. Detroit: Wayne State UP, 1961. “Hughes, George (?–?).” Australian Dictionary of Biography, National Centre of Biography: 1788–1850, A–H. Canberra: Australian National University, 1966. 562. Isaacs, Victor, and Rod Kirkpatrick. Two Hundred Years of Sydney Newspapers. Richmond: Rural Press, 2003. Jones, Dorothy. “Humour and Satire (Australia).” Encyclopedia of Post-Colonial Literatures in English. 2nd ed. Eds. Eugene Benson and L.W. Conolly. London: Routledge, 2005. 690-692.Jones, Phyllis Mander. “Australia’s First Newspaper.” Meanjin 12.1 (1953): 35-46. Karskens, Grace. The Colony: A History of Early Sydney. Crows Nest: Allen & Unwin, 2010. King, Philip Gidley. “Letter to Lord Hobart, 9 May 1803.” Historical Records of Australia, Series 1, Governors’ Despatches to and from England, Volume IV, 1803-1804. Ed. Frederick Watson. Sydney: Library Committee of the Commonwealth Parliament, 1915.Kirkpatrick, Rod. Press Timeline: 1802 – 1850. Canberra: National Library of Australia, 2011. 6 Jan. 2017 <https://www.nla.gov.au/content/press-timeline-1802-1850>. McLeay, Alexander. “Government Notice.” The New South Wales Government Gazette 1 (1832): 1. Mundle, R. Bligh: Master Mariner. Sydney: Hachette, 2016.New South Wales General Standing Orders and General Orders: Selected from the General Orders Issued by Former Governors, from the 16th of February, 1791, to the 6th of September, 1800. Also, General Orders Issued by Governor King, from the 28th of September, 1800, to the 30th of September, 1802. Sydney: Government Press, 1802. Robb, Gwenda. George Howe: Australia’s First Publisher. Kew: Australian Scholarly Publishing, 2003.Spalding, D.A. Collecting Australian Books: Notes for Beginners. 1981. Mawson: D.A. Spalding, 1982. The Sydney Gazette and New South Wales Advertiser. “Address.” 5 Mar. 1803: 1.———. “To the Public.” 2 Apr. 1803: 1.———. “Wanted to Purchase.” 26 June 1803: 4.———. “We Have the Satisfaction to Inform Our Readers.” 3 Nov. 1810: 2. ———. “Sydney Gazette.” 25 Dec. 1819: 1. ———. “The Freedom of the Press.” 29 Feb. 1828: 2.———. “Never Did a More Painful Task Devolve upon a Public Writer.” 3 Feb. 1829: 2. Walker, R.B. The Newspaper Press in New South Wales, 1803-1920. Sydney: Sydney UP, 1976.Wantrup, Johnathan. Australian Rare Books: 1788-1900. Sydney: Hordern House, 1987.

Abstract:

This study is an attempt to highlight the cultural implication of CPEC on Pak-China relations, how it will align two nations culturally, and what steps were taken by the governments of two states to bring the people closer. After the establishment of diplomatic relations between Pakistan and China, the cultural aspect of relations between the two states also moved forward. The flow of cultural delegations intensified after the 2010, because this year was celebrated as the ‘Pak-China Friendship Year’. This dimension of relations further cemented between the two states with the signing of CPEC in April 2015. CPEC will not only bring economic prosperity in Pakistan but it will also bring two states culturally closer. The roads and other communication link under this project will become source of cultural flow between the two states.