Journal articles: 'Criminal procedure, washington (d.c.)' – Grafiati (2024)

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The article analyses problems of determining ways to improve the procedural procedure to protect the rights and freedoms of victim in the legal field of competitive criminal justice. The issue of improving the status of the victim, extending his rights, determining the procedure for its implementation stipulated by law, harmonization of legislation, elimination of legal conflicts, ensuring the rule of law, strengthening guarantees The rights and freedoms of the victim. Aligning the CPC of Ukraine with the Constitution of Ukraine, and coordinating it with the Civil Code of Ukraine and applicable international legal acts, we propose in the norm of the CPC of Ukraine, which determines the status of the victim, in addition to the rights established there by the law, to set out the following rights of the victim: a) to demand compensation for the moral harm caused and physical and pecuniary damages at the expense of the person guilty of the crime or persons who are financially responsible for their actions, and in cases where the person who committed the crime is not identified, for ahunok State budget; b) to respect his honor and dignity, to demand that facts of the collection, use, storage and disclosure of the degrading honor, dignity or business reputation of false information be prevented, and, if necessary, make a request for the removal of such information, raise the issue of closed court proceedings ; c) require arrest of the defendant's deposits and property and take other measures provided by law to recover the damage caused to him by the crime; d) require personal immediate examination by a forensic expert in case of personal injury or harm to his / her health; e) to use the legal assistance of a legal representative from a lawyer or other specialist in the field of law from the moment of recognition as a victim; g) have a confidential date with the legal attorney before the first interrogation, as well as the presence of a lawyer or legal representative at his first interrogation; g) to be acquainted with the decision on the appointment of forensic examination and the expert's opinion; h) to get acquainted with the case file in the suspended criminal proceedings on the grounds of not identifying the perpetrator; i) to participate directly in the examination of all evidence at the trial and to speak in court, regardless of the participation of the prosecutor. The investigator, the inquirer, the prosecutor, the court are obliged to immediately explain to the victim his procedural rights, to hand him a written document describing his rights - a declaration of the victim's rights, to immediately take the measures provided by law for ensuring the victim's rights. Prospects for further study of this problem are seen in the development of models of realization of the victims of their procedural rights at different stages of the process.

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В статье анализируется соотношение материальной процедуры уголовно-исполнительного права с уголовно-процессуальным и уголовным законодательством. Делается вывод об оригинальном характере материально-правового регулирования, применяемого в нормативной системе исполнения уголовных наказаний. Уголовно-правовые нормы напрямую воздействуют на процесс исполнения наказания, поскольку их применение судом при назначении наказания связано с определением его основных параметров. Уголовно-правовые нормы, относящиеся к наказанию, являются составной частью комплексной отрасли уголовно-исполнительного права. Будучи нормативными предписаниями, они влияют на степень исправления осужденного уже после вступления приговора в законную силу. Вместе с нормами, определяющими статус гражданина в период отбывания им наказания, они составляют содержание ограничений конституционных прав и свобод в этот период. Уголовно-исполнительная процедура как часть правового механизма определяет порядок реализации ограниченных наказанием прав и свобод, исполнение обязанностей, взаимодействие осужденных с должностными лицами исправительных учреждений. Опровергается точка зрения на уголовно-исполнительное право как завершающую стадию уголовного процесса. Вопросы, разрешаемые на стадии исполнения приговора судом, по правилам УПК РФ не имеют отношения к процедуре исполнения уголовного наказания. Делается общий вывод о том, что уголовно-исполнительная процедура: а) представляет собой нормативно установленную модель поведения осужденных в рамках исполнения в отношении них конкретного наказания; б) состоит из актов поведения осужденных, нормативно установленной деятельности сотрудников учреждений и органов УИС; в) нацелена на достижение социально значимого результата - исполнения назначенного судом наказания; г) является критерием оценки степени исправления осужденных как одной из главных целей уголовного наказания; этот критерий является не только социальным, но и юридическим, поскольку влияет на возможность условно-досрочного освобождения и на положительное решение иных вопросов, возникающих на стадии исполнения наказания, а также при фактическом его отбытии (например, назначение административного надзора). The correlation of the material procedure of the criminal executive law with the criminal procedure and criminal legislation are analyzed in the article. The conclusion is made about the original nature of the substantive regulation applied in the normative system of execution of criminal punishments. Criminal legal norms directly affect the process of the execution of punishment, since their application by the court when imposing a punishment is associated with the definition of its main parameters. Criminal law rules related to punishment are an integral part of the complex branch of criminal executive law. As normative prescriptions, they affect the degree of correction of the convicted person after the entry into force of the sentence. Together with the norms that determine the status of a citizen during the period of serving his sentence, they constitute the content of restrictions on constitutional rights and freedoms during this period. The penal procedure as part of the legal mechanism determines the procedure for the implementation of rights and freedoms limited by punishment, the performance of duties, the interaction of convicts with officials of correctional institutions. The point of view on the criminal-executive law as the final stage of the criminal process is refuted. The issues resolved at the stage of execution of the sentence by the court according to the rules of the Criminal Procedure Code of the Russian Federation are not related to the procedure for the execution of criminal punishment. The general conclusion is made that the penal procedure: a) is a normatively established model of the behavior of convicts in the framework of the execution of a specific punishment in relation to them; b) consists of acts of conduct of convicts, statutory activities of employees of institutions and bodies of the penal system; c) is aimed at achieving a socially significant result - the execution of the punishment imposed by the court; d) is a criterion for assessing the degree of correction of convicts, as one of the main goals of criminal punishment; this criterion is not only social, but also legal, since it affects the possibility of parole and the positive solution of other issues that arise at the stage of execution of a sentence, as well as during its actual serving (for example, the appointment of administrative supervision).

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With this article, the author continues the cycle of his publications devoted to the problems of proof in pre-trial proceedings in a criminal case. The article considers one of the most controversial procedural methods of establishing the circ*mstances that are important for a criminal case - forensic examination. The most common methods of collecting evidence in pre-trial proceedings are compared: forensic examination and investigative actions. Its essential features are consistently identified and analyzed, which predetermine its special character and special place in the general system of cognitive techniques that are in the arsenal of the preliminary investigation bodies. As such signs stand out: a) the need to use special knowledge; b) mandatory involvement of an expert as a special participant in criminal procedural relations; c) the need for research and the formulation of expert conclusions; d) complicated criminal procedure form; e) formation of a special means of criminal procedural proof - an expert opinion. Separately, attention is drawn to the rather serious procedural capabilities of an expert, which resemble not so much the rights of participants in criminal proceedings provided for in Ch. 8 of the Criminal Procedure Code of the Russian Federation, how many jurisdictional powers of the preliminary investigation bodies and the court It has been suggested that the opportunity given to the expert to assess the actual soundness of the objects of research and their aggregate sufficiency for formulating certain conclusions, likens him to a kind of scientific judge, that is, the role that the famous German scientist K. Mittermeier predicted more than 150 years ago ... The forensic examination is defined as a very original, to a certain extent even a unique procedural technology aimed at establishing (proving) the circ*mstances that are important for a criminal case.

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On 10th of July 2014 the European Court of Justice made in his decisions in relation to the cases D. (C-358/13) and G. (C-181/14) an interpretation, that the concept of ‘medicinal product’ according to the law of the European Union does not include the materials, which are – as not covering substances, such as those at issue in the main proceedings, which produce effects that merely modify physiological functions but which are not such as to have any beneficial effects, either immediately or in the long term, on human health, are consumed solely to induce a state of intoxication and are, as such, harmful to human health. The Court made his interpretation after the request for preliminary ruling from the Bundesgerichtshof (the High Court of Justice in Germany). The Court had to decide in two criminal procedures, whether for the retail of mixtures including syntetic canabinoids, such as complements of marihuana, due the fact that they are „unsafe medicinal products”, a criminal proceeding can be initiated or not. The Ordinary Courts had two persons (D. and G.) for selling the unsafe medicinal products sentenced to one year and nine months imprisonment, and suspension (D.), and sentenced (G.) to four years and six months imprisonment and fined with a charge of two hundred thousand Euro. The retail of herb mixtures containing, inter alia, synthetic cannabinoids, did not fall under the German law on narcotic drugs at the material time, resulting that the German Authorities could not initiate a criminal procedure. Orv. Hetil., 2014, 155(48), 1902–1907.

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<p>Penelitian ini adalah mengenai pemidanaan terhadap pelaku perkelahian antar kelompok, dengan menjadikan Putusan Nomor: 1002/Pid.B/2008/PN.Smg sebagai objek kajiannya. Masalah dalam penelitian ini adalah tentang bagaimana pemidanaan dan pertimbangan hakim terhadap pelaku tindak pidana perkelahian kelompok dengan studi Putusan Nomor: 1002/Pid.B/2008/PN.Smg. Metode pendekatan yang digunakan adalah yuridis normatif. Metode pengumpulan data yang digunakan meliputi studi pustaka dan studi dokumentasi yang kemudian dianalisis secara kualitatif. Pelaku tindak pidana perkelahian kelompok dengan studi Putusan Nomor: 1002/Pid.B/2008/PN.Smg dengan terdakwa F bin GA tidak dapat dipidana, karena perbuatan yang dilakukannya semata-mata didasarkan pada upayanya untuk mempertahankan keselamatan diri dan keluarganya (<em>noodweer</em>). Dasar pertimbangan hakim dalam menjatuhkan putusan terhadap pelaku tindak pidana perkelahian kelompok dengan studi Putusan Nomor: 1002/Pid.B/2008/PN.Smg ada 6 (enam), yaitu: (a). didasarkan pada dakwaan jaksa; (b). didasarkan pada alat bukti di persidangan (baik alat bukti saksi, surat, dan keterangan terdakwa); (c). didasarkan pada pasal-pasal dalam KUHP dan KUHAP; (d). didasarkan pada fakta-fakta hukum yang terungkap di persidangan. Pemidanaan terhadap pelaku tindak pidana perkelahian kelompok dan dasar pertimbangan hakim dalam menjatuhkan putusan terhadap pelaku tindak pidana perkelahian kelompok sudah sesuai dengan apa yang diatur dalam KUHP dan KUHAP.</p><p> </p><div class="WordSection1"><p>This study is about the sentencing of perpetrators of fights between groups, by making the Decision No. 1002 / Pid.B / 2008 / PN.Smg as an object of study. The problem in this research is about how the criminal prosecution and the judge's consideration of the criminal fights study group with Decision No. 1002 / Pid.B / 2008 / PN.Smg. The method used is normative. Data collection methods used include library and documentation studies were then analyzed qualitatively. Criminal fights study group with Decision No. 1002 / Pid.B / 2008 / PN.Smg with bin GA F defendant can not be convicted, because the act of doing based solely on its efforts to maintain the safety of themselves and their families (noodweer). Basic consideration of the judge in the verdict against perpetrators of criminal acts with the study group fights Decision No. 1002 / Pid.B / 2008 / PN.Smg No 6 (six), namely: (a). is based on the indictment; (B). based on the evidence at the trial (both the evidence of witnesses, letters</p></div><p> </p><p>and testimony of the defendant); (C). based on the articles of the Criminal Code and the Criminal Procedure Code; (D). based on the legal facts revealed at the hearing. Criminalization fight against criminal groups and the consideration of judges in decisions to fight criminal groups are in accordance with what is stipulated in the Criminal Code and Criminal Procedure.</p><p> </p>

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<p>Penelitian ini adalah mengenai pemidanaan terhadap pelaku perkelahian antar kelompok, dengan menjadikan Putusan Nomor: 1002/Pid.B/2008/PN.Smg sebagai objek kajiannya. Masalah dalam penelitian ini adalah tentang bagaimana pemidanaan dan pertimbangan hakim terhadap pelaku tindak pidana perkelahian kelompok dengan studi Putusan Nomor: 1002/Pid.B/2008/PN.Smg. Metode pendekatan yang digunakan adalah yuridis normatif. Metode pengumpulan data yang digunakan meliputi studi pustaka dan studi dokumentasi yang kemudian dianalisis secara kualitatif. Pelaku tindak pidana perkelahian kelompok dengan studi Putusan Nomor: 1002/Pid.B/2008/PN.Smg dengan terdakwa F bin GA tidak dapat dipidana, karena perbuatan yang dilakukannya semata-mata didasarkan pada upayanya untuk mempertahankan keselamatan diri dan keluarganya (<em>noodweer</em>). Dasar pertimbangan hakim dalam menjatuhkan putusan terhadap pelaku tindak pidana perkelahian kelompok dengan studi Putusan Nomor: 1002/Pid.B/2008/PN.Smg ada 6 (enam), yaitu: (a). didasarkan pada dakwaan jaksa; (b). didasarkan pada alat bukti di persidangan (baik alat bukti saksi, surat, dan keterangan terdakwa); (c). didasarkan pada pasal-pasal dalam KUHP dan KUHAP; (d). didasarkan pada fakta-fakta hukum yang terungkap di persidangan. Pemidanaan terhadap pelaku tindak pidana perkelahian kelompok dan dasar pertimbangan hakim dalam menjatuhkan putusan terhadap pelaku tindak pidana perkelahian kelompok sudah sesuai dengan apa yang diatur dalam KUHP dan KUHAP.</p><div class="WordSection1"><p>This study is about the sentencing of perpetrators of fights between groups, by making the Decision No. 1002 / Pid.B / 2008 / PN.Smg as an object of study. The problem in this research is about how the criminal prosecution and the judge's consideration of the criminal fights study group with Decision No. 1002 / Pid.B / 2008 / PN.Smg. The method used is normative. Data collection methods used include library and documentation studies were then analyzed qualitatively. Criminal fights study group with Decision No. 1002 / Pid.B / 2008 / PN.Smg with bin GA F defendant can not be convicted, because the act of doing based solely on its efforts to maintain the safety of themselves and their families (noodweer). Basic consideration of the judge in the verdict against perpetrators of criminal acts with the study group fights Decision No. 1002 / Pid.B / 2008 / PN.Smg No 6 (six), namely: (a). is based on the indictment; (B). based on the evidence at the trial (both the evidence of witnesses, letters</p></div><p> </p><p>and testimony of the defendant); (C). based on the articles of the Criminal Code and the Criminal Procedure Code; (D). based on the legal facts revealed at the hearing. Criminalization fight against criminal groups and the consideration of judges in decisions to fight criminal groups are in accordance with what is stipulated in the Criminal Code and Criminal Procedure.</p>

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Pirmojoje straipsnio dalyje analizuojami psichologo eksperto teisinio statuso ypatumai baudžiamajame, civiliniame ir administraciniame procese, nagrinėjama psichologinės ekspertizės paskirtis, uždaviniai ir funkcijos, psichologų ekspertų teisės ir pareigos. Antroji dalis skiriama kai kurioms psichologinės ekspertizės atmainoms - asmens riboto pakaltinamumo įvertinimui, kaltinamojo būsenos nusikaltimo situacijoje ir staigaus didelio susijaudinimo įvertinimui, asmens sugebėjimo dalyvauti baudžiamajame procese įvertinimui, proceso šalių sugebėjimo duoti parodymus įvertinimui, įtariamojo ir kaltinamojo sugebėjimo suprasti ir pasinaudoti savo teise atsisakyti parodymų davimo įvertinimui, asmens veiksnumo įvertinimui (civiliniame procese) - pristatyti. Trečiojoje dalyje analizuojami profesinės etikos reikalavimai ir pagrindinės etinės dilemos, su kuriomis gali susidurti psichologas, dalyvaujantis teismo procesuose (informacijos konfidencialumo išsaugojimas, atliekamų vaidmenų ir emociniai konfliktai, psichologo objektyvumas ir nešališkumas). FORENSIC PSYCHOLOGICAL EXPERTISE: ASPECTS OF LEGAL AND PSYCHOLOGICAL ADJUSTMENTViktoras Justickis, Gintautas Valickas SummaryThe first part of the article deals with legal position of psychologist-expert in criminal, civil and administrative procedure. The aim, tasks and functions of the forensic psychological expertise and psychologist- expert's duties and rights are analyzed. The second part is devoted to special branches of psychological expertise: a) assessment of people with reduced liability; b) assessment of offender's states in a crime situation as well as sudden great emotional arousal; c) assessment of a person's ability to take part in criminal procedure; d) assessment of parts ability to give testimonies; e) assessment of a suspect's and accused person's ability to understand and use his right to refuse giving testimonies; f) assessment of a person's capability in civil procedure. In the third part of the article are analyzed requirements of professional ethics as well as the main ethical dilemmas, which can meet forensic psychologist (confidentiality, roles and emotional conflicts, impartiality).

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Inspection of passport documents is divided into types according to the following criteria: 1) by entities (the first category includes employees of the State Border Guard Service of Ukraine who possess special knowledge and have undergone appropriate training; the second one comprises of prosecutors, units of the Ministry of Internal Affairs, the Security Service of Ukraine; the third one includes only forensic experts with corresponding forensic qualifications; the fourth category comprises of other employees who have the right to inspect documents (representatives of travel agencies, banking institutions, notaries, judges and others)); 2) by inspection sites (at checkpoints: a) at border checkpoints (specially selected buildings with equipment), b) in vehicles and at the places of foreign vehicles parking; c) in specially designated control areas: in ports, fishing enterprises, berths, in the territory of neighboring states; d) outside checkpoints at places where persons are being examined (in a train car, in buses); in workrooms, offices or outside). During inspection, entities should undertake the following procedure: a) determine the type of passport document; b) examine general appearance; c) check its details; d) examine photo cards; e) pages are studied; e) establish the validity of existing visas; g) use appropriate technical equipment to detect signs of complete or partial forgery in passport documents. The peculiarities of studying these documents were also systematized and considered above in order to identify signs of forgery, such as: time and place, professional qualification of survey participants, technical support, purpose and result of inspection, procedure for detecting and fixing signs of forgery. The study of documents requires possessing special knowledge, practical skills of checking passport documents which is extremely important in investigation and prevention of criminal offenses related to forgery of identity documents when crossing the state border of Ukraine.

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The criminal justice system is obliged, namely to carry out detailed examinations, prioritize evidence and facts that are strong enough to determine that a person is guilty in criminal matters, and is able to carry out convictions with a purpose that is in accordance with the crime itself and the rights that should be accepted by the convicted person. This research is a normative legal research, so the research focus is on library research. The objectives of this study are: to know the responsibility of the police if there is a wrong arrest and to know the legal remedies that the suspect can take if a wrong arrest occurs. The results of the research show how Police Investigators are held accountable for irregularities in carrying out their duties and legal remedies that can be taken by the suspect in the event of irregularities by the Police Investigator. First, the forms of sanctions contained in the Code of Ethics for the Indonesian National Police if they are violated are as follows; a) Violation behavior is declared as despicable act; b) The offender's obligation to apologize in a limited or direct manner; c) The violator's obligation to follow professional reinvention; d) The offender is declared no longer entitled to carry out the police function, then legal remedies that can be taken if a violation occurs in accordance with Article 1 paragraph 22 of the Criminal Procedure Code, compensation. The legal basis for the claim for compensation is article 77 letter b KUHAP, then rehabilitation according to article 1 paragraph 10 KUHAP point c. From this research it can be concluded that the form of accountability carried out by the Police investigators is divided into 2, namely material accountability, namely the sanction of forgiveness and immaterial accountability, namely about sanctions in the form of mandatory recovery at the Polri educational institution. Meanwhile, the legal remedy that can be taken by the victim of a wrongful arrest is to file a claim for compensation and rehabilitation.

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En este testimonio, presentado ante el Comité Judicial de la Cámara de Diputados de los Estados Unidos, Michael J. Glennon se ocupa de la opinión de la Suprema Corte de los Estados Unidos en Los Estados Unidos vs. Alvarez-Machain. Sostiene que, en contra de lo que popularmente se cree, la opinión de la Suprema Corte no sostiene que el secuestro patrocinado por el gobierno esté permitido por la ley internacional; resulta claro que no lo es. Señala que la Suprema Corte simplemente se ocupó de si está o no permitido el llevar a juicio por una ofensa criminal a un reo que fue secuestrado, lo que no está prohibido ni por la ley internacional ni por la ley constitucional de los Estados Unidos. No obstante, exhorta al Congreso a prohibir semejante práctica.

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One of the important factors in the development of our state is a student exchange with other countries. This type of international cooperation not only contributes to the establishment of a positive image of Ukraine and the strengthening of business and friendly relations with other states, but also produces a significant positive impact on the development of domestic education and science, enriches the state budget for foreign exchange earnings from abroad. But along with the positive results of international student exchange programs, there are negative ones. The situation in the sphere of international student exchange programs is characterized by criminalization, the rapid spread and active transformation of various schemes of criminal activity, which, among other things, poses a threat to the national security of Ukraine. During the detection and pre-trial investigation of these crimes, a number of problems arise. A significant part of them is related to the use of the institute of covert investigative (search) actions and the corresponding operational and investigative measures. One of these actions is the performance of a special task to disclose the criminal activity of an organized group or criminal organization, provided for by Art. 272 of the Criminal Procedure Code of Ukraine. In the practical implementation of the provisions of this article to detect and investigate crimes in the sphere of international student exchange program, a number of legal and organizational issues arise that require a scientific solution. The purpose of this article is to identify the issues of using the execution of a special task to disclose the criminal activities of an organized group or a criminal organization in uncovering a pre-trial investigation of crimes in the sphere of international student exchange, and suggest their solutions. This study found that ensuring the effectiveness of the execution of a special task to disclose the criminal activities of an organized group or a criminal organization in the fight against crimes in the sphere of international student exchange program needs to improve the legislative and subordinate normative and legal regulation of this operational and investigative activities and the corresponding covert investigative (search) actions. The organization of the execution of a special task within the framework of counteracting crimes in the sphere of international student exchange program shall: on the one hand, be based on the provisions adopted in theory and practice of operational investigative activity, and on the other, take into account the specifics of organized criminal activity in this sphere. It is necessary to take into account the specific type of criminal formation, among which we distinguish the following: a) transnational criminal groups; b) transnational criminal groups that specialize in trafficking Ukrainian citizens to other countries; c) transnational criminal groups that specialize in the illegal deprivation of liberty of foreigners who have arrived in Ukraine to receive higher education, extorting ransom for their return, their labor and other exploitation; d) transnational criminal groups that specialize in smuggling objects and substances prohibited for free circulation, as well as cultural property; e) transnational criminal groups with a terrorist orientation; f) Ukrainian criminal corruption groups; g) criminal groups formed in Ukraine on an ethnic basis with the participation of foreign students; h) other criminal groups formed in Ukraine with the participation of foreign students.

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Medical records are files containing patient records, which are made chronological time. There are two types of medical records and in general have been regulated in Permenkes Number 269 / MENKES / PER / III / 2008 concerning Medical Records, namely conventional medical records and electronic medical records. One of the benefits of medical records is as evidence in the law enforcement process. This type of research is normative juridical research and is analytical descriptive in nature. The data source used in this research is secondary data, which is obtained from books, journals, expert opinions and others. The data collection technique used is to collect data in this study through documentation studies in the form of data collection from literature or scientific writing in accordance with the object under study. Data analysis is data obtained and then analyzed qualitatively. From the study it is concluded that the difference in the strength of evidence lies in the non-fulfillment of the requirements of electronic medical records as written / letter evidence, in accordance with the Criminal Code Book 4, Concerning Evidence and Expiration, Second Chapter on Evidence by Writing and KUHAP Article 184 paragraph (1) letter c and d, as well as Articles 187 and 188 paragraph (2) letter b. This means that conventional medical records can be used as original written evidence, whereas electronic medical records cannot. The cause of the difference is because both the Criminal Code and the Criminal Procedure Code, the power of written evidence, is only in writing, in the form of original letters and / or authentic deeds. The data used are (1) primary data in the form of statutory regulations, results of interviews with hospitals and courts, (2) secondary data through literature studies of various laws and regulations and books / journals to obtain expert opinion. The results of this research are expected to be published through (1) scientific articles in Accredited National Journals and (2) teaching materials in Law courses at the Faculty of Law at Prima Indonesia University.

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The purpose of this study is to conduct a comprehensive analysis of the legislation governing social relations that develop in the process of compiling a jury when considering criminal cases with a jury trial. The relevance of the research topic is determined by the expansion of the jurors competence from June 1, 2018. Currently, one of the main reasons for revocation of court sentences passed with the participation of a jury is violations committed during formation of a jury. In this regard, the authors highlight the main procedural and organizational shortcomings of this process and make relevant suggestions: a) to improve the legislation governing the procedure for compiling a jury; b) to compile general and reserve lists based on information included in the Unified Federal Information Register; c) to perform video recording of the process [screen broadcasting] of a random selection of citizens from the general and reserve lists by a court staff member when compiling a preliminary list of jurors; d) to stipulate the right of citizens to defer the obligation to appear in court as a candidate for jurors to a later date; e) to apply new forms of sending invitations to appear in court to potential jurors.

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Abstract SYNTHESIS OF THE FIRST INTERNATIONAL SYMPOSIUM FOR RESEARCH IN COMPARATIVE CRIMINOLOGY Introduction At the beginning of the development of the social sciences there was a considerable vogue for comparative research. A long period of empirical studies and almost total preoccupation with methodological problems followed. Once again, however, psychology, political science, sociology, and above all anthropology, have taken up the thread of this tradition, and the bibliography in these fields is becoming ever more abundant. The study of deviance, of various manifestations of criminality, and of social reaction against crime are, however, noticeably missing in the picture, even though there is nothing in the nature of criminology which precludes the development of comparative research. To many research workers in criminology, the time seemed ripe to take up the comparative tradition once again. Two imperatives were considered : the generalization of norms of deviance which are tied to the standard of living set by industrial civilization, thus putting the problem of criminality in a global light ; and, second, the development and standardization of methods of studying these phenomena, drawing on the experience of allied disciplines. The response of the participants in this Symposium and the results of their discussions were not unexpected. A consensus was arrived as to the problems it was thought important to study, and agreement was reached about the strategies of research to be undertaken. Priorities, however, were not established since too much depends on the availability of research teams, funds, etc. But the broad, overall look at the main problems in comparative criminology will, hopefully, open a new chapter in the history of crimino-logical research and in our continuing search for knowledge of man and society. The brief resume which follows should give the reader an idea of the extent of the problems tackled. The detailed proceedings of the Symposium will be published at a later date, in mimeographed form. Sectors of research proposed In a sense, this Symposium was prepared by all the participants. The organizers had requested that each person invited prepare a memorandum setting out the problems in comparative criminology which he considered to be most important. The compilation of their replies, reported to the plenary session at the opening of the Symposium, produced the following results : Summary of suggestions for research activities Note : In all that follows, it should be understood that all of these topics should be studied in a cross-cultural or international context. 1) Definitions and concepts : a) Social vs legal concept of deviance ; b) Distinction between political and criminal crimes ; c) The law : a moral imperative or a simple norm ; d) The concepts used in penal law : how adequate ? e.g. personality of criminal ; e) Who are the sinners in different cultures and at different times. 2) Procedures : a) Working concepts of criminal law and procedure ; b) Differentiating between factors relating to the liability-finding process and the sentencing process ; c) Behavioural manifestations of the administration of criminal justice ; d) Judicial decisions as related to the personality of the judges and of the accused ; e) Sentencing in the cross-national context (2 proposals) ; f) In developing countries, the gap between development of the legal apparatus and social behaviour ; g) Determination of liability ; h) The problem of definition and handling of dangerous offenders ; i) Decision-making by the sentencing judges, etc. (2 proposals) ; ;) Medical vs penal committals ; k) Law-enforcement, policing. 3) Personnel : a) Professionalization in career patterns ; b) Criteria for personnel selection ; c) Greater use of female personnel. 4) Causation. Situations related to criminality : a) How international relations and other external factors affect crime ; 6) Hierarchy of causes of crime ; c) Migrants. Minorities in general ; d) Relation to socio-economic development in different countries ; e) A biological approach to criminal subcultures, constitutional types, twin studies, etc. ; f) Cultural and social approach : norms of moral judgment, ideals presented to the young, etc. ; g) Effect of social change : crime in developing countries, etc. (6 proposals) ; h) Effects of mass media, rapid dissemination of patterns of deviant behaviour (2 proposals). 5) Varieties of crime and criminals : a) Traffic in drugs ; b) Prison riots ; c) Violence particularly in youth (7 proposals) ; d) Dangerousness ; e) Relation to the rights of man (including rights of deviants); f) Female crime (2 proposals) ; g) Prostitution ; i) The mentally ill offender ; ;) Cultural variations in types of crime ; k) Organized crime ; /) Use of firearms ; m) Gambling ; n) Victims and victimology. 6) Treatment : evaluation : a) Social re-adaptation of offenders ; b) Statistical research on corrections, with possible computerization of data ; c) Comparisons between prisons and other closed environments ; d) Extra-legal consequences of deprivation of liberty ; e) Rehabilitation in developing countries ; f ) Criteria for evaluation of programs of correction ; g) Biochemical treatment (2 proposals) ; i) Differential treatment of different types of offense. Evaluation ; /) Prisons as agencies of treatment ; k) Effects of different degrees of restriction of liberty ; /) Environments of correctional institutions ; m) Study of prison societies ; n) Crime as related to the total social system. 7) Research methodology : a) Publication of what is known regarding methodology ; b) Methods of research ; c) Culturally-comparable vs culturally-contrasting situations ; d) Development of a new clearer terminology to facilitate communication ; e) Actual social validity of the penal law. 8) Statistics : epidemiology : a) Need for comparable international statistics ; standardized criteria (3 proposals) ; b) Difficulties. Criminologists must collect the data themselves. 9) Training of research workers : Recruiting and training of « com-paratists ». 10) Machinery : Committee of co-ordination. Discussions The discussions at the Symposium were based on these suggestions, the main concentration falling on problems of manifestations of violence in the world today, the phenomenon of student contestation, and on human rights and the corresponding responsibilities attached thereto. Although the participants did not come to definite conclusions as to the respective merits of the problems submitted for consideration, they did discuss the conditions under which comparative studies of these problems should be approached, the techniques appropriate to obtaining valid results, and the limitations on this type or work. Four workshops were established and studied the various problems. The first tackled the problems of the definition of the criteria of « danger » represented by different type of criminals ; the problem of discovering whether the value system which underlies the Human Rights Declaration corresponds to the value system of today's youth; the problem of the treatment of criminals ; of female criminality ; and, finally, of violence in the form of individual and group manifestations. The second workshop devoted its main consideration to the revolt of youth and to organized crime, also proposing that an international instrument bank of documentation and information be established. The third workshop considered problems of theory : how the police and the public view the criminal ; the opportunity of making trans-cultural comparisons on such subjects as arrest, prison, etc. ; and the role of the media of information in the construction of value systems. The fourth workshop blazed a trail in the matter of methodology appropriate to research in comparative criminology. The period of discussions which followed the report of the four workshops gave rise to a confrontation between two schools of thought within the group of specialists. The question arose as to whether the problem of student contestation falls within the scope of the science of criminology. Several experts expressed the opinion that criminologists ought not to concern themselves with a question which really belongs in the realm of political science. On the other hand, the majority of the participants appeared to feel that the phenomenon of student contestation did indeed belong in the framework of criminological research. One of the experts in particular took it upon himself to be the spokesman of this school of thought. There are those, he said, who feel that criminology should confine itself and its research to known criminality, to hold-ups, rape, etc. However, one should not forget that penal law rests on political foundations, the legality of power, a certain moral consensus of the population. Today, it is exactly this « legitimate » authority that is being contested. Is it not to be expected, therefore, that criminology should show interest in all sociological phenomena which have legal and criminal implications ? Contestation and violence have consequences for the political foundations of penal law, and therefore are fit subjects for the research of the criminologist. International Centre {or Comparative Criminology The First International Symposium for Research in Comparative Criminology situated itself and its discussions within the framework and in the perspectives opened by the founding of the International Centre for Comparative Criminology. The Centre is sponsored jointly by the University of Montreal and the International Society for Criminology, with headquarters at the University of Montreal. As one of the participants emphasized, criminologists need a place to retreat from the daily struggle, to meditate, to seek out and propose instruments of research valid for the study of problems common to several societies. Viewing the facts as scientists, we are looking for operational concepts. Theoreticians and research workers will rough out the material and, hopefully, this will inspire conferences and symposiums of practitioners, jurists, sociologists, penologists, and other specialists. Above all, it will give common access to international experience, something which is lacking at present both at the level of documentation and of action. A bank of instruments of method- ology in the field of comparative criminology does not exist at the present time. The Centre will undertake to compile and analyse research methods used in scientific surveys, and it will establish such an instrument bank. It will also gather and analyse information pertaining to legislative reforms now in progress or being contemplated in the field of criminal justice. Through the use of computers, the Centre will be able to put these two projects into effect and make the results easily accessible to research workers, and to all those concerned in this field. The participants at the Symposium were given a view of the extent of the problems envisaged for research by the future Centre. It is hoped that this initiative will be of concrete use to research workers, private organizations, public services and governments at many levels, and in many countries.

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A common ground between mental health and judicial-legal domains concerns concepts like “care”, “control” and “possibility to foresee” human behaviour, with particular reference to the “social dangerousness”. The connections between these sense-making practices can be traced by discursive modulation of “certainty/uncertainty”. This study aimed to highlight the discursive peculiarities of a specific socio-cultural context and genre, namely scientific papers. The corpus of data consisted in a selection of 30 papers published by the BJP (from 1975 to 2015), on subjects concerning forensic psychiatry, subjected to Content Analysis and Critical Discourse Analysis. Results showed that the papers adopted two main socio-epistemic rhetorics. On one side, the enunciators proceeded in an “assertive” and rigorous manner through a social-epistemic rhetoric of “reassurance”; on the other side, they gave voice to rhetoric of the “limit”, lacking any cognitive “closure”. References Bakhtin, M.M. (1979). Estetika slovesnogo tvorcestva. Moskow: Iskusstvo. Bennett, T., Holloway, K., & Farrington, D. (2008). The statistical association between drug misuse and crime: A meta-analysis. Aggression and Violent Behavior, 13, 107-118. Berlin, J.A. (1993). Post-structuralism, semiotics, and social-epistemic rhetoric: Converging agendas. In T. Enos & S. Brown (Eds.), Defining the new rhetoric (pp. 137-176). Newbury Park, CA: Sage. Caffi, C. (2001). La mitigazione. Un approccio pragmatico alla comunicazione nei contesti terapeutici [Mitigation. A pragmatic approach to communication within therapeutic contexts]. Münster: LIT Verlag. Cantarini, S., Abraham, W., & Leiss, E. (Eds.) (2014). Certainty-uncertainty – and the Attitudinal Space in Between [SLCS 165]. Amsterdam: John Benjamin. Catanesi, R., Carabellese, F., & Grattagliano, I. (2009). Cura e controllo. Come cambia la pericolosità sociale psichiatrica [Treatment and control. How has the concept of psychiatric social danger changed]. Giornale Italiano di Psicopatologia, 15,: 64-74. Crismore, A., Markannen, R., & Steffenson, M. (1993). Metadiscourse in persuasive writing: A study of texts written in American and Finnish University students. Written Communication, 10 (1), 39-71. Fairclough, N. (2003). Analysing Discourse: Textual Analysis for Social Research. London: Routledge. Foucault, M. (1972). The Archaeology of Knowledge and The Discourse on Language. New York: Pantheon Books. Grevi, V. (2006). Prove [Proof]. In V. Grevi & G. Conso (Eds.), Compendio di procedura penale [Handbook of penal procedure](pp. 313-406). Padua: Cedam. Grice, P.H. (1975). Logic and conversation. In P. Cole & J.L. Morgan (Eds.), Syntax and semantics, Vol. 3: Speech acts (pp. 41-58). New York: Academic Press. Gross, A.G., Harmon, J.E., & Reidy, M.S. (2002). Communicating Science. The Scientific Paper from the 17th Century to the Present. New York: Oxford University Press. Hermans, H. J. M., & Gieser, T. (Eds.). (2012). Handbook of Dialogical Self Theory. Cambridge, U.K.: Cambridge University Press. Hyland, K. (1996). Writing without conviction? Hedging in scientific research articles. Applied Linguistics, 17 (4), 433-454. Hyland, K. (1998). Boosting, hedging and the negotiation of academic knowledge. TEXT, 18(3), 349-382. Hyland, K. (2001). Bringing in the reader: addressee features in academic articles. Written Communication, 18 (4), 549-574. Junginger, J. (1996), Psychosis and violence: the case for a content analysis of psychotic experience. Schizophrenia Bulletin, 22, 91-103. Kaliski, S.Z. (2002). A comparison of risk factors for habitual violence in pre-trial subjects. Acta Psychiatrica Scandinavica, 106 (412), 58-61. Kockelman, P. (2007) Agency: The Relation between Meaning, Power, and Knowledge, Current Anthropology, 48 (3), 375-401. Lamb, H., & Weimberger, L. (1998). Persons with severe mental illness in jails and prisons: A review. Psychiatric Services, 49, 483-492. Lancia, F. (2004). Strumenti per l'analisi dei testi. Introduzione all'uso di T-LAB [Instruments for Text Analysis. Introduction to the Use of T-LAB]. Milano: Franco Angeli. Lindqvist, P., & Allebeck, P. (1990), Schizophrenia and crime: a longitudinal follow-up of 644 schizophrenics in Stockolm. British Journal of Psychiatry, 157, 345-350. Marzuk, P. (1996), Violence, crime and mental illness: How strong a link? Archives of General Psychiatry, 53, 481-486. Mininni, G., & Manuti, A. (2017). A rose is more than a rose… The diatextual constitution of subjects and objects. Text & Talk, 37 (2), 243-263. Mininni, G., Manuti, A., Scardigno, R., Rubino, R. (2014). Old roots, new branches: The shoot of diatextual analysis. Qualitative Research in Psychology, 11, 1-16. Mininni, G., Scardigno, R. & Grattagliano, I. (2014). The dialogic construction of certainty in legal contexts. Language & Dialogue. Special issue Certainty and Uncertainty in dialogue, 4 (1), 112-131. Monahan, J. (1997). Clinical and actuarial predictions of violence. In D. Faigman, D. Kaye & M. Saxs (Eds.) Modern scientific evidence: the law and science of expert testimony (pp. 300-318). New York: West. Mullen, P. (2000). Forensic mental health. British Journal of Psychiatry, 176, 307-311. Rasanen, P., Tiihonen, J., Isohanni, M. (1998). Schizophrenia, alcohol abuse and violent behaviour: A 26-year follow-up study of an unselected birth cohort. Schizophrenia Bulletin, 24, 437-41. Salvatore, S., Gelo, O.C., Gennaro, A., Metrangolo, R., Terrone, G., Pace, V., Venuleo, C., Venezia, A., & Ciavolino, E. (2017). An automated method of content analysis for psychotherapy research: A further validation. Psychotherapy Research, 27 (1),38–50. Salvatore, S., & Valsiner, J. (2011). Idiographic science as a nonexisting object: The importance of the reality of the dynamic system. In S. Salvatore, J. Valsiner, A. Gennaro, & J.B. Travers Simon (Eds.), YIS: Yearbook of idiographic science (Vol. 3) (pp. 7-26). Rome: Firera & Liuzzo. Shah, S.A. (1978). Dangerousness and Mental Ilness: Some Conceptual, Prediction and Policy Dilemmas. In C. Frederick (Ed.) Dangerous behaviour: A problem in Law and mental health (pp. 153-191). Rockville, MD: NIMH, Washington. Steadman, H. J., & Cocozza J. J. (1974). Careers of the criminally insane: Excessive social control of deviance. Lexington, MA: Lexington Books, D.C. Heath. Swanson, J., Estroff, S., Swartz, M., Borum, R., Lachicotte, W., Zimmer C., & Wagner, R. (1997). Violence and severe mental disorder in clinical and community populations: the effects of psychotic symptoms, comorbidity and lack of treatment. Psychiatry, 60, 1-22. Swartz, M., Swanson, J., & Hiday, V. (1998), Violence and severe mental illness: The effects of substance abuse and nonadherence to medication. American Journal of Psychiatry, 155, 226-231. Torrey, E. (1994). Violent behaviour by individuals with serious mental illness. Hospital & Community Psychiatry, 45, 653-662. Valsiner, J. (2007). Culture in minds and societies. Foundations of cultural psychology. New Delhi: Sage. Van Dijk, T.A. (2008). Discourse and Power. Houndsmills: Palgrave. Walsh, E., Buchanan, A., & Fahy, T. (2002). Violence and schizophrenia: examining the evidence. British Journal of Psychiatry, 180, 490-495. Wodak, R., & Meyer, M. (2009). Methods of critical discourse analysis. Thousand Oaks, CA: Sage.

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ABSTRAK�Penelitian dengan judul Peranan Dan Fungsi Praperadilan Dalam Menegakkan Hukum Pidana di Polda Jateng. Berdasarkan uraian dalam Tesis ini, permasalahan yang akan yang akan di teliti adalah: 1) Bagaimanakah fungsi dan peran praperadilan dalam penegakan hukum di Indonesia berdasarkan peraturan perundang-undangan yang berlaku? 2) Apa hambatan dalam pelaksanaan fungsi dan peran pra peradilan dalam penegakan hukum di Polda Jateng? 3) Bagaimanakah solusi dari hambatan dalam pelaksanaan fungsi dan peran pra peradilan dalam penegakan hukum di Polda Jateng?Hasil penelitian menyimpulkan bahwa : 1) Maksud dan tujuan utama yang hendak ditegakkan dan dilindungi, dalam proses praperadilan yaitu tegaknya hukum dan perlindungan hak asasi tersangka dalam tingkat pemeriksaan penyidikan dan penuntutan. Pasal 1 butir 10 KUHAP dipertegas dalam Pasal 77 KUHAP yang menyebutkan Pengadilan Negeri berwenang untuk memeriksa dan memutus, sesuai dengan ketentuan yang diatur dalam undang-undang. Wewenang pengadilan untuk mengadili dalam praperadilan dijelaskan dalam Pasal 95 KUHAP. 2) Hambatan dalam pelaksanaan fungsi dan peran praperadilan dalam penegakan hukum di Polda Jateng meliputi : a. hakim lebih banyak memperhatikan perihal dipenuhi atau tidaknya syarat-syarat formil penangkapan dan penahanan, atau ada tidaknya perintah penahanan dan sama sekali tidak menguji dan menilai syarat materilnya. b. setiap pelaksanaan upaya paksa selalu ada perenggutan HAM. c. pemeriksaan untuk melakukan penahanan, masih ada penyalahgunaan dalam tahap penyidikan oleh Polisi dan penuntutan oleh jaksa. d. selain luasnya kewenangan penyidikan dalam menentukan bukti permulaan yang cukup, pengawasan terhadap kewenangan tersebut juga lemah. 3) Solusi dari hambatan dalam pelaksanaan fungsi dan peran praperadilan dalam penegakan hukum di Polda Jateng meliputi : ����������� a. Diperlukan upaya kontrol terhadap setiap aparat penegak hukum pada lembaganya masing-masing secara vertikal. b. KUHAP perlu direvisi khususnya mengenai mekanisme saling mengawasi antara penegak hukum dan lembaga dalam subsistem peradilan. c. diperlukan peran aktif hakim dalam menggunakan kewenangannya pada saat pemeriksaan pokok perkara untuk mempertimbangkan penyidikan atau penuntutan yang tidak sesuai dengan ketentuan hukum acara atau yang melawan hukum guna menghindari penyalahgunaan HAM. d. dalam tahap ajudikasi, hakim seharusnya berkonsentrasi untuk menentukan hasil pembuktian di persidangan dan dalam tahap ini, hakim dapat menilai apa yang terjadi dalam tahap praajudikasi.Kata Kunci : Peranan dan Fungsi, Praperadilan, Penegakan Hukum Pidana�ABSTRACT�Research with the title Role And Practice Function In Enforcing Criminal Law in Central Java Regional Police. Based on the description in this Thesis, the issues that will be examined are: 1) How is the function and role of pretrial in law enforcement in Indonesia based on the prevailing laws and regulations? 2) What are the obstacles in the implementation of pre-justice functions and roles in law enforcement in the Central Java Regional Police? 3) How is the solution of the obstacles in the implementation of functions and the role of pre-judiciary in law enforcement in Central Java Regional Police?The results of the study conclude that: 1) The main purpose and objectives to be upheld and protected, in the pre-trial process, namely the enforcement of the law and the protection of human rights of suspects in the level of investigation and prosecution investigation. Article 1 point 10 of the Criminal Procedure Code is affirmed in Article 77 of KUHAP stating that the District Court has the authority to examine and decide upon, in accordance with the provisions stipulated in law. The jurisdiction of the courts to adjudicate in pre-trial is described in Article 95 of the Criminal Procedure Code. 2) Obstacles in the implementation of functions and the role of pretrial in law enforcement in Central Java Police include: a. judges pay more attention to whether or not the formal conditions for arrest and detention, or whether there is a detention order and not test and judge material requirements at all. b. every execution of forced efforts is always a rush of human rights. c. checks for detention, there is still abuse in the investigation stage by the Police and prosecution by the prosecutor. d. besides the extent of investigative authority in determining sufficient preliminary evidence, the oversight of the authority is also weak. 3) Solutions from obstacles in the implementation of functions and pretrial roles in law enforcement in Central Java Police include: a. Control of each law enforcement apparatus is required on each institution vertically. b. The Criminal Procedure Code needs to be revised, especially regarding the mechanism of mutual supervision between law enforcement and institutions within the judicial system. c. an active role of the judge in the use of authority at the time of examination of the principal matter to consider investigations or prosecutions that are not in accordance with the provisions of procedural law or against the law in order to avoid abuse of human rights. d. in the stage of adjudication, the judge should concentrate on determining the results of the evidence in the hearing and in this stage the judge can judge what happened in the pre-certification stage.Keywords: Roles and Functions, Pretrial, Criminal Law Enforcement

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In its judgement from June 27, 2001, in the LaGrand Case (Germany v. United States of America), the International Court of Justice made a number of watershed rulings: (a) The Court established that Article 36(1) of the Vienna Convention on Consular Relations creates individual rights for foreign nationals abroad, and not just rights protecting the interests of states that are a party to the Convention; (b) The Court ruled that, beyond the undisputed failure on the part of the U.S. to take the measures required by the Convention, the application of an American provision of criminal procedure in the LaGrand brothers' cases (a provision that prevented the domestic courts from reviewing the implications of the Convention violation admitted by the Americans) itself constituted a violation of Article 36(2) of the Convention; (c) The Court, as a remedy in the case of future violations of the Convention, ordered the United States to provide a procedure for the review and reconsideration of convictions secured in circ*mstances in which the obligations of the Convention had not been observed; and (d) as a separate matter the Court ruled that its provisional orders, issued pursuant to Article 41 of the Statute of the International Court of Justice, have binding effect.

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In Article 66 of Law No. 2 of 2014 in conjunction with Law No. 30 of 2004 concerning Notary Position (UUJN), namely: a. If needed by law enforcers in the judicial process, namely the investigator, public prosecutor or judge can submit a request for approval in order to summon a notary. The letter was submitted to the Honorary Board of Notaries; b. Within a maximum of 30 working days from the receipt of the letter of request, the Honorary Board of Notaries must provide the answer; c. If within the period of time determined by the Honorary Board of Notaries does not provide the answer, then the notary Honorary Council's silence is deemed to have received the request for approval. So that law enforcement can make calls to the notary concerned; d. After obtaining approval from the Notary Honorary Assembly, law enforcers are authorized to: 1. Request and take a photocopy of the Minuta deed and / or letters that have been attached to the Minuta deed in the notary deposit (notary protocol); 2. Calling a notary to attend the criminal examination process relating to the notary deed or protocol that is in storage. This type of thesis is normative juridical research that is descriptive analytical, meaning that a data analysis based on general legal theory is applied to explain another set of legal materials. Conclusion: 1. Investigators are authorized to examine Notaries, where Investigators are authorized to receive reports or complaints about criminal acts, seek information and evidence, order to stop suspected persons or ask and examine personal identification and conduct other actions according to law, they can also acting on the orders of investigators to make arrests, forbid leaving search sites and confiscating them. 2. The procedure of investigation is carried out on a Notary after reporting on the Deed made by a Notary, and in the report stated that the Notary has committed a Criminal Act as stipulated in Article 66 of the UUJN. However, the summons of a Notary as a witness, suspect or defendant after the investigator submits a written request to the Regional Supervisory Board and the request is sent to the Notary by making an excuse rather than calling the Notary as a witness, suspect or defendant. After the issuance of the new Notary Position Act, based on Article 66 paragraph I of Act Number 2 of 2014 concerning the current Notary Position, the summons made by the investigator is considered valid if the investigator mentions the reason for the summons clearly, and the caller is Acts that are accountable according to the law are not in conflict with the law, in line with legal obligations, reasonable, reasonable within the investigator's office, based on proper consideration and respect for human rights.

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Labeling of groups and events describes how groups connected to religious, political or other forms of violence as well as their acts are labeled or evaluated. These labels might vary from more nominal descriptions (e.g., “gunmen”) to more judgmental descriptions (e.g., “terrorist”), leading to different perceptions of these groups and acts by the public. Field of application/theoretical foundation: Labels for groups and events are of interest in journalism research, political communication, research on terrorism and violence as well as stereotyping. These measurements are often based on “Social Identity Theory” (Brown, 2000) as a theoretical foundation for why some groups and events connected to violence are described in a negative way – i.e., as an out-group –, whilst others are described in a neutral way or even positively, i.e., as an in-group. References/combination with other methods of data collection: A study by Huff and Kertzer (2017) for example combines a conjoint experiment with an “Automated Content Analysis” of media coverage to understand how the public would label different acts of violence in comparison to the media. Two studies that have been particularly influential in studying the labeling of violent acts and perpetrators will be discussed in more detail in the following sections. Example studies: Nagar (2010); Weimann (1985) Information on Nagar, 2010 Author: Nagar Research question: How did American news media cover politically violent organizations that are not linked to Al Qaeda or the events of 9/11? Object of analysis: News coverage by two American newspapers (The New York Times, The Washington Post) Time frame of analysis: 1998–2004 Info about variables Variable name/definition: Media frame: “First, the labels that describe political violence were coded separately for each segment. Second, the article frame was determined based on the most frequent label.” (Nagar, 2010, p. 537) Level of analysis: Headline, lead paragraph, text Variables and values: four different label categories for labels in text: neutral (“rebel”, “rebellion”, “insurgent”, “insurgency”, “guerrilla”, “militant”, “combatants”, “revolt”, “uprising”, “revolutionary”, “paramilitaries”, “insurrection”, “separatist”), negative (“terror”, “terrorize”, “terrorist”, “terrorism”), positive (“freedom fighter”, “liberation movement”, “independence movement”), no label mentioned Reliability: Krippendorff’s alpha: .82 Information on Weimann, 1985 Authors: Weimann Research question: Which labels did the press use in referring to terrorists when covering terrorist attacks? Object of analysis: Israel’s major newspapers Time frame of analysis: 1979–1981 Info about variables Variable name/definition: Label Variables and values: three different labels categories for labels in text: negative (“murderers”, “saboteurs”, “assassins”, “separatists”), neutral (“guerillas”, “army”, “front”, “nationalists”, “underground”, “separatists”) and positive (“patriots”, “freedom fighters”, “liberation movement”, “liberation organization”) Reliability: not applicable Table 1. Measurement of “Labeling of Groups and Events” in terrorism coverage. Author(s) Sample Manifestations Reliability Codebook Boyle & Mower (2018) Newspaper articles Computer-assisted key-word search, looking up labels such as “terror” Not applicable Not available De Veen & Thomas (2020) Newspaper articles 3 different label categories: negative (“terrorist”, “racist”, “extremist”, “fundamentalist” and clear links to terrorist organizations such as ISIS), neutral (“perpetrator”, “shooter”, “attacker” or other labels emphasizing race and ethnicity, for example “Muslim” or “American”), or positive (family- or work-related labels such as “father” or “colleagues”) Not reported Not available Nagar (2010) Newspaper articles 4 different label categories: neutral (“rebel”, “rebellion”, “insurgent”, “insurgency”, “guerrilla”, “militant”, “combatants”, “revolt”, “uprising”, “revolutionary”, “paramilitaries”, “insurrection”, “separatist”), negative (“terror”, “terrorize”, “terrorist”, “terrorism”), positive (“freedom fighter”, “liberation movement”, “independence movement”), or no label mentioned Krippendorf’s alpha: .82 Available Picard & Adams (1987) Newspaper articles 2 different label categories: nominal (e.g., “attacker”) or descriptive (e.g., “radical”) Holsti: .98 Not available Samuel-Azran et al. (2015) Newspaper articles 7 different labels for perpetrators: “terrorist/Jewish terrorist”, “the Jewish terrorist”, “terror-accused”, “killer”, “mass murderer”, “serial stabber/criminal”, “other”; 9 different labels for act: “terror”, “massacre/mass murders”, “bombing/shooting”, “right wing crime”, “description assault (stabbing etc.)”, “criminal”, “attack”, “insanity”, “other” Scott’s pi indicating lowest value for any variable in the study: .86 Not available Simmons & Lowry (1990) Magazine articles 13 different labels for perpetrators: “terrorist”, “gunman”, “guerilla”, “attacker”, “extremist”, “radical”, “hijacker”, “revolutionary”, “nationalist”, “armed man/men”, “leftist”, “rightist”, “militiaman/militiamen” Not reported Available Weimann (1985) Newspaper articles 3 different labels categories for perpetrators: negative (“murderers”, “saboteurs”, “assassins”, “separatists”), neutral (“guerillas”, “army”, “front”, “nationalists”, “underground”, “separatists”), or positive (“patriots”, “freedom fighters”, “liberation movement”, “liberation organization”) Not applicable Not available References Boyle, K., & Mower, J. (2018). Framing terror: A content analysis of media frames used in covering ISIS. Newspaper Research Journal, 39(2), 205–219. doi:10.1177/0739532918775667 Brown, R. (2000). Social identity theory: past achievements, current problems and future challenges. European Journal of Social Psychology, 30(6), 745–778. De Veen, L., & Thomas, R. (2020). Shooting for neutrality? Analysing bias in terrorism reports in Dutch newspapers. Media, War & Conflict. Advance Online Publication. doi:10.1177/1750635220909407 Huff, C., & Kertzer, J.D. (2017). How the public defines terrorism. American Journal of Political Science, 62(1), 55-71. doi:10.1111/ajps.12329 Nagar, N. (2010). Who is afraid of the t-word? Labeling terror in the media coverage of political violence before and after 9/11. Studies in Conflict & Terrorism, 33(6), 533–547. doi:10.1080/10576101003752655 Picard, R. G., & Adams, P. D. (1987). 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The technical apparatus is, then, being made at home with the rest of our world. And that's a thing that's routinely being done, and it's the source of the failure of technocratic dreams that if only we introduced some fantastic new communication machine, the world will be transformed. Where what happens is that the object is made at home in the world that has whatever organisation it already has. -- Harvey Sacks (Lectures on Conversation Vol. 2., 548-9) Chatting, or having a conversation, has long been a favourite activity for people. It seemed so ordinary, if not to say trivial, that it has for almost equally long not been studied in any dedicated way. It was only when Harvey Sacks and his early collaborators started using the tape recorder to study telephone conversations that 'conversation' as a topic has become established (cf. Sacks, Lectures Vol. 1). Inspired by Harold Garfinkel, the perspective chosen was a procedural one: they wanted to analyse how conversations are organised on the spot. As Sacks once said: The gross aim of the work I am doing is to see how finely the details of actual, naturally occurring conversation can be subjected to analysis that will yield the technology of conversation. (Sacks, "On Doing 'Being Ordinary'" 411) Later, Sacks also started using data from audio-recorded face-to-face encounters. Most of the phenomena that the research on telephone conversation unearthed could also be found in face-to-face data. Whether something was lost by relying on just audio materials was not clear at the beginning. But with video-based research, as initiated by Charles Goodwin in the 1970s, one was later able to demonstrate that visual exchanges did play an essential role the actual organisation of face-to-face conduct. When using telephone technology, people seemed to rely on a restricted set of the interactional procedures used in face-to-face settings. But new ways to deal with both general and setting-specific problems, such as mutual identification, were also developed. Now that an increasing number of people spend various amounts of their time 'online', chatting with friends or whoever is available, it is time to study Computer-Mediated Conversation (CMC), as we previously studied face-to-face conversation and Telephone (Mediated) Conversation, using the same procedural perspective. We may expect that we will encounter many phenomena that have become familiar to us, and that we will be able to use many of the same concepts. But we will probably also see that people have developed new technical variations of familiar themes as they adapt the technology of conversation to the possibilities and limitations of this new technology of communicative mediation. In so doing, they will make the new technology 'at home in the world that has whatever organisation it already has.' Space does not allow a full discussion of the properties of text-based CMC as instantiated in 'chat' environments, but comparing CMC with face-to-face communication and telephone conversations, it is obvious that the means to convey meanings are severely restricted. In face-to-face encounters, many of the more subtle aspects of the conversation rely on visual and vocal productions and perceptions, which are more or less distinguishable from the 'text' that has been uttered. Following the early work of Gregory Bateson, these aspects are mostly conceived of as a kind of commentary on the core communication available in the 'text', that is as 'meta-communication'. While the 'separation' between 'levels' of communication, that these conceptualisations imply may distort what actually goes on in face-to-face encounters, there is no doubt that telephone conversations, in which the visual 'channel' is not available, and text-based CMC, which in addition lacks access to voice qualities, do confront participants with important communicative restrictions. An important aspect of text-based computer-mediated chatting is that it offers users an unprecedented anonymity, and therefore an unprecedented licence for unaccountable action, ranging from bland banality to criminal threat, while passing through all imaginable sexual 'perversities'. One upshot of this is that they can present themselves as belonging to any plausible category they may choose, but they will -- in the chat context -- never be sure whether the other participants 'really' are legitimate members of the categories they claim for themselves. In various other formats for CMC, like MUDs and MOOs, the looseness of the connections between the people who type messages and the identities they project in the chat environment seems often to be accepted as an inescapable fact, which adds to the fascination of participation1. The typists can then be called 'players' and the projected identities 'characters', while the interaction can be seen as a game of role-playing. In general chat environments, as the one I will discuss later, such a game-like quality seems not to be openly admitted, although quite often hinted at. Rather, the participants stick to playing who they claim they are. In my own text, however, I will use 'player' and 'character' to indicate the two faces of participation in computer-mediated, text-based chats. In the following sections, I will discuss the organised ways in which one particular problem that chat-players have is dealt with. That problem can be glossed as: how do people wanting to 'chat' on the Internet find suitable partners for that activity? The solution to that problem lies in the explicit naming or implicit suggestion of various kinds of social categories, like 'age', 'sex' and 'location'. Chat players very often initiate a chat with a question like: "hi, a/s/l please?", which asks the other party to self-identify in those terms, as, for instance "frits/m/amsterdam", if that fits the character the player wants to project. But, as I will explain, categorisation plays its role both earlier and later in the chat process. 'Membership Categorisation' in Finding Chat Partners The following exploration is, then, an exercise in Membership Categorisation Analysis (MCA; Hester & Eglin) as based on the ideas developed by Harvey Sacks in the 1960s (Sacks, "An Initial Investigation", "On the Analyzability of Stories", Lectures on Conversation Vol. 1). An immense part of the mundane knowledge that people use in living their everyday lives is organised in terms of categories that label members of some population as being of certain types. These categories are organised in sets, called Membership Categorisation Devices (MCDs). The MCD 'sex' (or 'gender'), for instance, consists of the two categories of 'male' and 'female'. Labelling a person as being male or female carries with it an enormous amount of implied properties, so called 'category-predicates', such as expectable or required behaviours, capacities, values, etc. My overall thesis is that people who want to chat rely mostly on categorical predications to find suitable chat partners. Finding a chat partner or chat partners is an interactive process between at least two parties. Their job involves a combination of presenting themselves and reading others' self presentations. For each, the job has a structure like 'find an X who wants a Y as a partner', where X is the desired chat character and Y is the character you yourself want to play. The set of XY-combinations varies in scope, of course, from very wide, say any male/female combination, to rather narrow, as we will see. The partner finding process for chats can be loosely compared with partly similar processes in other environments, such as co*cktail parties, poster sessions at conferences, and telephone calls. The openings of telephone calls have been researched extensively by conversation analysts, especially Schegloff ("Sequencing", "Identification", "Routine"; also Hopper). An interesting idea from this work is that a call opening tends to follow a loosely defined pattern, called the canonical model for telephone openings. This involves making contact, mutual identification/recognition, greetings and 'how-are-you?'s, before the actual business of the call is tackled. When logging on to a chat environment, one enters a market of sorts, where the participants are both buyers and sellers: a general sociability-market like a co*cktail party. And indeed some writers have characterised chat rooms as 'virtual co*cktail parties'. Some participants in a co*cktail party may, of course, have quite specific purposes in mind, like wanting to meet a particular kind of person, or a particular individual, or even being open to starting a relationship which may endure for some time after the event. The same is true for CMC chats. The trajectory that the partner-finding process will take is partly pre-structured by the technology used. I have limited my explorations to one particular chat environment (Microsoft Chat). In that program, the actual partner-finding starts even before logging on, as one is required to fill in certain information slots when setting up the program, such as Real Name and Nickname and optional slots like Email Address and Profile. When you click on the Chat Room List icon, you are presented with a list of over a thousand rooms, alphabetically arranged, with the number of participants. You can select a Room and click a button to enter it. When you do, you get a new screen, which has three windows, one that represents the ongoing general conversation, one with a list of the participants' nicks, and a window to type your contributions in. When you right-click on a name in the participant list, you get a number of options, including Get Profile. Get Profile allows you to get more information on that person, if he/she has filled in that part of the form, but often you get "This person is too lazy to create a profile entry." Categorisation in Room Names When you log in to the chat server, you can search either the Chat Room List or the Users List. Let us take the Chat Room List first. Some room names seem to be designed to come early in the alphabetically ordered list, by starting with one or more A's, as in A!!!!!!!!!FriendlyChat, while others rely on certain key words. Scanning over a thousand names for those words by scrolling the list might take a lot of time, but the Chat Room List has a search facility. You can type a string and the list will be shortened to only those with that string in their name. Many room names seem to be designed for being found this way, by containing a number of more or less redundant strings that people might use in a search. Some examples of room names are: A!!!!!!!!!FriendlyChat, Animal&Girls, Australia_Sydney_Chat_Room, christian evening post, desert_and_cactus_only, engineer, francais_saloppes, francais_soumise_sub_slave, german_deutsch_rollenspiele, hayatherseyeragmensürüyor, holland_babbel, italia_14_19anni, italia_padania_e_basta, L@Ros@deiVenti, nederlandse_chat, sex_tr, subslavespankbondage, Sweet_Girl_From_Alabama, #BI_LES_FEM_ONLY, #Chinese_Chat, #France, #LesbiansBiTeenGirls_Cam_NetMeeting, #polska_do_flirtowania, #russian_Virtual_Bar?, #tr_%izmir, #ukphonefantasy. A first look at this collection of room names suggests two broad classes of categorisation: first a local/national/cultural/ethnic class, and second one oriented to topics, with a large dose of sexual ones. For the first class, different kinds of indicators are available, such as naming as in Australia_Sydney_Chat_Room, and the use of a local language as in hayatherseyeragmensürüyor, or in combination: german_deutsch_rollenspiele. When you enter this type of room, a first function of such categorisations becomes apparent in that non-English categorisations suggest a different language practice. While English is the default language, quite a few people prefer using their own local language. Some rooms even suggest a more restricted area, as in Australia_Sydney_Chat_Room, for those who are interested in chatting with people not too far off. This seems a bit paradoxical, as chatting in a world-wide network allows contacts between people who are physically distant, as is often mentioned in chats. Rooms with such local restrictions may be designed, however, to facilitate possible subsequent face-to-face meetings or telephone contacts, as is suggested by names like Fr@nce_P@ris_Rencontre and #ukphonefantasy. The collection of sexually suggestive names is not only large, but also indicative of a large variety of interests, including just (probably heterosexual) sex, male gay sex, female lesbian or bi-sexuality. Some names invoke some more specialized practices like BDSM, and a collection of other 'perversities', as in names like 'francais_soumcateise_sub_slave', 'subslavespankbondage', 'golden_shower' or 'family_secrets'. But quite often sexual interest are only revealed in subsequent stages of contact. Non-sexual interests are, of course, also apparent, including religious, professional, political or commercial ones, as in 'christian evening post', or 'culturecrossing', 'holland_paranormaal', 'jesussaves', 'Pokemon_Chat', 'francais_informatique', and '#Russian_Philosophy_2918'. Categorisation through Nicknames Having selected a room, your next step is to see who is there. As chatting ultimately concerns exchanges between (virtual) persons, it is no surprise that nicknames are used as concise 'labels' to announce who is available on the chat network or in a particular room. Consider some examples: ^P0371G , amanda14, anneke, banana81, Dream_Girl, emma69, ericdraven, latex_bi_tch1 , Leeroy, LuCho1, Mary15, Miguelo, SomeFun, Steffi, teaser. Some of these are rather opaque, at least at first, while others seem quite ordinary. Anneke, for instance, is an ordinary Dutch name for girls. So, by using this nick name, a person at the same time categorises herself in two Membership Categorisation Devices: gender: 'female' and language: 'Dutch'. When using this type of nick, you will quite often be addressed in Dutch, for instance with the typically Dutch chat-greeting "hoi" and/or by a question like "ben jij Nederlandse?" ("are you Dutch?" -- female form). This question asks you to categorise yourself, using the nationality device 'Dutch/Belgian', within the language category 'speaker of Dutch'. Many other first names like 'amanda' and 'emma', do not have such a language specificity and so do not 'project' a specific European language/nationality as 'anneke' does. Some French names, like 'nathalie' are a bit ambiguous in that respect, as they are used in quite a number of other language communities, so you may get a more open question like "bonjour, tu parle francais?" ("hi, do you speak French?"). A name like 'Miguelo' suggests a roman language, of course, while 'LuCho1' or 'Konusmaz' indicate non-European languages (here Chinese and Turkish, respectively). Quite often, a first name nick also carries an attached number, as in 'Mary15'. One reason for such attachments is that a nick has to be unique, so if you join the channel with a nick like 'Mary', there will mostly be another who has already claimed that particular name. An error message will appear suggesting that you take another nick. The easiest solution, then, is to add an 'identifying detail', like a number. Technically, any number, letter or other character will do, so you can take Mary1, or Mary~, or Mary_m. Quite often, numbers are used in accord with the nick's age, as is probably the case in our examples 'Mary15' and 'amanda14', but not in 'emma69', which suggests an 'activity preference' rather than an age category. Some of the other nicks in our examples suggest other aspects, claims or interests, as in Dream_Girl, latex_bi_tch1, SomeFun, or teaser. Other examples are: 'machomadness', 'daddyishere', 'LadySusan28', 'maleslave', 'curieuse33', 'patrickcam', or 'YOUNG_GAY_BOY'. More elaborate information about a character can sometimes be collected from his or her profile, but for reasons of space, I will not discuss its use here. This paper's interest is not only in finding out which categories and MCDs are actually used, but also how they are used, what kind of function they can be seen to have. How do chat participants organise their way to 'the anchor point' (Schegloff, "Routine"), at which they start their actual chat 'business'? For the chatting environment that I have observed, there seems to be two major purposes, one may be called social, i.e. 'just chatting', as under the rubric 'friendly chat', and the other is sexual. These purposes may be mixed, of course, in that the first may lead to the second, or the second accompanied by the first. Apart from those two major purposes, a number of others can be inferred from the room titles, including the discussion of political, religious, and technical topics. Sexual chats can take various forms, most prominently 'pic trading' and 'cybersex'. As becomes clear from research by Don Slater, an enormous 'market' for 'pic trading' has emerged, with a quite explicit normative structure of 'fair trading', i.e. if one receives something, one should reciprocate in kind. When one is in an appropriate room, and especially if one plays a female character, other participants quite often try to initiate pic trading. This can have the form of sending a pic, without any verbal exchange, possibly followed by a request like 'send also'. But you may also get a verbal request first, like "do you have a (self) pic?" If you reply in a negative way, you often do not get any further reaction, or just "ok." A 'pic request' can also be preceded by some verbal exchanges; social, sexual or both. That question -- "have a pic?" or "wanna trade" -- can then be considered the real starting point for that particular encounter, or it can be part of a process of getting to know each other: "can i c u?" The second form of sexual chats involves cyber sex. This may be characterised as interactionally improvised p*rnography, the exchange of sexually explicit messages enacting a sexual fantasy or a shared masturbation session. There is a repertoire of opening moves for these kinds of games, including "wanna cyber?", "are you alone?" and "what are you wearing now?" Functions of Categorisations Categorisations in room names, nicks and profiles has two major functions: guiding the selection of suitable chat partners and suggesting topics. Location information has quite diverse implications in different contexts, e.g. linguistic, cultural, national and geographical. Language is a primordial parameter in any text-based activity, and chatting offers numerous illustrations for this. Cultural implications seem to be more diffuse, but probably important for some (classes of?) participants. Nationality is important in various ways, for instance as an 'identity anchor'. So when you use a typically Dutch nick, like 'frits' or 'anneke', you may get first questions asking whether you are from the Netherlands or from Belgium and subsequently from which region or town. This may be important for indicating reachability, either in person or over the phone. Location information can also be used as topic opener. So when you mention that you live in Amsterdam, you often get positive remarks about the city, like "I visited Amsterdam last June and I liked it very much", or "I would die to live there" (sic) from a pot-smoking U.S. student. After language, age and gender seem to be the most important points in exploring mutual suitability. When possible partners differ in age or gender category, this quite often leads to questions like "Am I not too old/young for you?" Of course, age and gender are basic parameters for sexual selection, as people differ in their range of sexual preferences along the lines of these categories, i.e. same sex or opposite sex, and roughly the same age or older/younger age. Such preferences intersect with straight or kinky ones, of which a large variety can be found. Many rooms are organised around one or another combination, as announced in names like '#LesbiansBiTeenGirls_Cam_NetMeeting', 'Hollandlolita' or '#Lesbian_Domination'. In some of these, the host makes efforts to keep to a more or less strict 'regime', for instance by banning obvious males from a room like '#BI_LES_FEM_ONLY'. In others, an automated welcome message is used to lay out the participation rules. Conclusion To sum up, categorisation plays an essential role in a sorting-out process leading, ideally, to small-group or dyadic suitability. A/S/L, age, sex and location, are obvious starting points, but other differentiations, as in sexual preferences which are themselves partly rooted in age/gender combinations, also play a role. In this process, suitability explorations and topic initiations are intimately related. Chatting, then, is text-based categorisation. New communication technologies are invented with rather limited purposes in mind, but they are quite often adopted by masses of users in unexpected ways. In this process, pre-existing communicational purposes and procedures are adapted to the new environment, but basically there does not seem to be any radical change. Comparing mutual categorisation in face-to-face encounters, telephone calls, and text-based CMC as in online chatting, one can see that similar procedures are being used, although in a more and more explicit manner, as in the question: "a/s/l please?" Footnote These ideas have been inspired by Schaap; for an ethnography focussing on the connection between 'life online' and 'real life', see Markham, 1998. References Hopper, Robert. Telephone Conversation. Bloomington: Indiana UP, 1992. Hester, Stephen, and Peter Eglin, eds. Culture in Action: Studies in Membership Categorisation Analysis. Washington, D.C.: UP of America, 1997. Markham, Annette H. Life Online: Researching Real Experience in Virtual Space. Walnut Creek, London, New Delhi: Altamira P, 1998. Sacks, Harvey. "An Initial Investigation of the Usability of Conversational Data for Doing Sociology." Studies in Social Interaction. Ed. D. Sudnow. New York: Free P, 1972. 31-74. ---. Lectures on Conversation. Vol. 1. Ed. Gail Jefferson, with an introduction by Emanuel A. Schegloff. Oxford: Basil Blackwell, 1992. ---. Lectures on Conversation. Vol. 2. Ed. Gail Jefferson, with an introduction by Emanuel A. Schegloff. Oxford: Basil Blackwell, 1992. ---. "On Doing 'Being Ordinary'." Structures of Social Action: Studies in Conversation Analysis. Ed. J. Maxwell Atkinson and John Heritage. Cambridge: Cambridge UP, 1984. 413-29. ---. "On the Analyzability of Stories by Children." Directions in Sociolinguistics: The Ethnography of Communication. Ed. John. J. Gumperz and Dell Hymes. New York: Rinehart & Winston, 1972. 325-45. Schaap, Frank. "The Words That Took Us There: Not an Ethnography." M.A. Thesis in Anthropology, University of Amsterdam, 2000. <http://fragment.nl/thesis/>. Schegloff, Emanuel A. "Identification and Recognition in Telephone Conversation Openings." Everyday Language: Studies in Ethnomethodology. Ed. George Psathas. New York: Irvington, 1979. 23-78. ---. "The Routine as Achievement." Human Studies 9 (1986): 111-52. ---. "Sequencing in Conversational Openings." American Anthropologist 70 (1968): 1075-95. Slater, Don R. "Trading Sexpics on IRC: Embodiment and Authenticity on the Internet." Body and Society 4.4 (1998): 91-117. Ten Have, Paul. Doing Conversation Analysis: A Practical Guide. Introducing Qualitative Methods. London: Sage, 1999. Citation reference for this article MLA style: Paul ten Have. "Computer-Mediated Chat: Ways of Finding Chat Partners." M/C: A Journal of Media and Culture 3.4 (2000). [your date of access] <http://www.api-network.com/mc/0008/partners.php>. Chicago style: Paul ten Have, "Computer-Mediated Chat: Ways of Finding Chat Partners," M/C: A Journal of Media and Culture 3, no. 4 (2000), <http://www.api-network.com/mc/0008/partners.php> ([your date of access]). APA style: Paul ten Have. (2000) Computer-mediated chat: ways of finding chat partners. M/C: A Journal of Media and Culture 3(4). <http://www.api-network.com/mc/0008/partners.php> ([your date of access]).

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Abstract:

1991 An afternoon in late 1991 found me on a Sydney bus reading Brett Easton Ellis’ American Psycho (1991). A disembarking passenger paused at my side and, as I glanced up, hissed, ‘I don’t know how you can read that filth’. As she continued to make her way to the front of the vehicle, I was as stunned as if she had struck me physically. There was real vehemence in both her words and how they were delivered, and I can still see her eyes squeezing into slits as she hesitated while curling her mouth around that final angry word: ‘filth’. Now, almost fifteen years later, the memory is remarkably vivid. As the event is also still remarkable; this comment remaining the only remark ever made to me by a stranger about anything I have been reading during three decades of travelling on public transport. That inflamed commuter summed up much of the furore that greeted the publication of American Psycho. More than this, and unusually, condemnation of the work both actually preceded, and affected, its publication. Although Ellis had been paid a substantial U.S. $300,000 advance by Simon & Schuster, pre-publication stories based on circulating galley proofs were so negative—offering assessments of the book as: ‘moronic … pointless … themeless … worthless (Rosenblatt 3), ‘superficial’, ‘a tapeworm narrative’ (Sheppard 100) and ‘vile … p*rnography, not literature … immoral, but also artless’ (Miner 43)—that the publisher cancelled the contract (forfeiting the advance) only months before the scheduled release date. CEO of Simon & Schuster, Richard E. Snyder, explained: ‘it was an error of judgement to put our name on a book of such questionable taste’ (quoted in McDowell, “Vintage” 13). American Psycho was, instead, published by Random House/Knopf in March 1991 under its prestige paperback imprint, Vintage Contemporary (Zaller; Freccero 48) – Sonny Mehta having signed the book to Random House some two days after Simon & Schuster withdrew from its agreement with Ellis. While many commented on the fact that Ellis was paid two substantial advances, it was rarely noted that Random House was a more prestigious publisher than Simon & Schuster (Iannone 52). After its release, American Psycho was almost universally vilified and denigrated by the American critical establishment. The work was criticised on both moral and aesthetic/literary/artistic grounds; that is, in terms of both what Ellis wrote and how he wrote it. Critics found it ‘meaningless’ (Lehmann-Haupt C18), ‘abysmally written … schlock’ (Kennedy 427), ‘repulsive, a bloodbath serving no purpose save that of morbidity, titillation and sensation … pure trash, as scummy and mean as anything it depicts, a dirty book by a dirty writer’ (Yardley B1) and ‘garbage’ (Gurley Brown 21). Mark Archer found that ‘the attempt to confuse style with content is callow’ (31), while Naomi Wolf wrote that: ‘overall, reading American Psycho holds the same fascination as watching a maladjusted 11-year-old draw on his desk’ (34). John Leo’s assessment sums up the passionate intensity of those critical of the work: ‘totally hateful … violent junk … no discernible plot, no believable characterization, no sensibility at work that comes anywhere close to making art out of all the blood and torture … Ellis displays little feel for narration, words, grammar or the rhythm of language’ (23). These reviews, as those printed pre-publication, were titled in similarly unequivocal language: ‘A Revolting Development’ (Sheppard 100), ‘Marketing Cynicism and Vulgarity’ (Leo 23), ‘Designer p*rn’ (Manguel 46) and ‘Essence of Trash’ (Yardley B1). Perhaps the most unambiguous in its message was Roger Rosenblatt’s ‘Snuff this Book!’ (3). Of all works published in the U.S.A. at that time, including those clearly carrying X ratings, the Los Angeles chapter of the National Organization for Women (NOW) selected American Psycho for special notice, stating that the book ‘legitimizes inhuman and savage violence masquerading as sexuality’ (NOW 114). Judging the book ‘the most misogynistic communication’ the organisation had ever encountered (NOW L.A. chapter president, Tammy Bruce, quoted in Kennedy 427) and, on the grounds that ‘violence against women in any form is no longer socially acceptable’ (McDowell, “NOW” C17), NOW called for a boycott of the entire Random House catalogue for the remainder of 1991. Naomi Wolf agreed, calling the novel ‘a violation not of obscenity standards, but of women’s civil rights, insofar as it results in conditioning male sexual response to female suffering or degradation’ (34). Later, the boycott was narrowed to Knopf and Vintage titles (Love 46), but also extended to all of the many products, companies, corporations, firms and brand names that are a feature of Ellis’s novel (Kauffman, “American” 41). There were other unexpected responses such as the Walt Disney Corporation barring Ellis from the opening of Euro Disney (Tyrnauer 101), although Ellis had already been driven from public view after receiving a number of death threats and did not undertake a book tour (Kennedy 427). Despite this, the book received significant publicity courtesy of the controversy and, although several national bookstore chains and numerous booksellers around the world refused to sell the book, more than 100,000 copies were sold in the U.S.A. in the fortnight after publication (Dwyer 55). Even this success had an unprecedented effect: when American Psycho became a bestseller, The New York Times announced that it would be removing the title from its bestseller lists because of the book’s content. In the days following publication in the U.S.A., Canadian customs announced that it was considering whether to allow the local arm of Random House to, first, import American Psycho for sale in Canada and, then, publish it in Canada (Kirchhoff, “Psycho” C1). Two weeks later, when the book was passed for sale (Kirchhoff, “Customs” C1), demonstrators protested the entrance of a shipment of the book. In May, the Canadian Defence Force made headlines when it withdrew copies of the book from the library shelves of a navy base in Halifax (Canadian Press C1). Also in May 1991, the Australian Office of Film and Literature Classification (OFLC), the federal agency that administers the classification scheme for all films, computer games and ‘submittable’ publications (including books) that are sold, hired or exhibited in Australia, announced that it had classified American Psycho as ‘Category 1 Restricted’ (W. Fraser, “Book” 5), to be sold sealed, to only those over 18 years of age. This was the first such classification of a mainstream literary work since the rating scheme was introduced (Graham), and the first time a work of literature had been restricted for sale since Philip Roth’s Portnoy’s Complaint in 1969. The chief censor, John Dickie, said the OFLC could not justify refusing the book classification (and essentially banning the work), and while ‘as a satire on yuppies it has a lot going for it’, personally he found the book ‘distasteful’ (quoted in W. Fraser, “Sensitive” 5). Moreover, while this ‘R’ classification was, and remains, a national classification, Australian States and Territories have their own sale and distribution regulation systems. Under this regime, American Psycho remains banned from sale in Queensland, as are all other books in this classification category (Vnuk). These various reactions led to a flood of articles published in the U.S.A., Canada, Australia and the U.K., voicing passionate opinions on a range of issues including free speech and censorship, the corporate control of artistic thought and practice, and cynicism on the part of authors and their publishers about what works might attract publicity and (therefore) sell in large numbers (see, for instance, Hitchens 7; Irving 1). The relationship between violence in society and its representation in the media was a common theme, with only a few commentators (including Norman Mailer in a high profile Vanity Fair article) suggesting that, instead of inciting violence, the media largely reflected, and commented upon, societal violence. Elayne Rapping, an academic in the field of Communications, proposed that the media did actively glorify violence, but only because there was a market for such representations: ‘We, as a society love violence, thrive on violence as the very basis of our social stability, our ideological belief system … The problem, after all, is not media violence but real violence’ (36, 38). Many more commentators, however, agreed with NOW, Wolf and others and charged Ellis’s work with encouraging, and even instigating, violent acts, and especially those against women, calling American Psycho ‘a kind of advertising for violence against women’ (anthropologist Elliot Leyton quoted in Dwyer 55) and, even, a ‘how-to manual on the torture and dismemberment of women’ (Leo 23). Support for the book was difficult to find in the flood of vitriol directed against it, but a small number wrote in Ellis’s defence. Sonny Mehta, himself the target of death threats for acquiring the book for Random House, stood by this assessment, and was widely quoted in his belief that American Psycho was ‘a serious book by a serious writer’ and that Ellis was ‘remarkably talented’ (Knight-Ridder L10). Publishing director of Pan Macmillan Australia, James Fraser, defended his decision to release American Psycho on the grounds that the book told important truths about society, arguing: ‘A publisher’s office is a clearing house for ideas … the real issue for community debate [is] – to what extent does it want to hear the truth about itself, about individuals within the community and about the governments the community elects. If we care about the preservation of standards, there is none higher than this. Gore Vidal was among the very few who stated outright that he liked the book, finding it ‘really rather inspired … a wonderfully comic novel’ (quoted in Tyrnauer 73). Fay Weldon agreed, judging the book as ‘brilliant’, and focusing on the importance of Ellis’s message: ‘Bret Easton Ellis is a very good writer. He gets us to a ‘T’. And we can’t stand it. It’s our problem, not his. American Psycho is a beautifully controlled, careful, important novel that revolves around its own nasty bits’ (C1). Since 1991 As unlikely as this now seems, I first read American Psycho without any awareness of the controversy raging around its publication. I had read Ellis’s earlier works, Less than Zero (1985) and The Rules of Attraction (1987) and, with my energies fully engaged elsewhere, cannot now even remember how I acquired the book. Since that angry remark on the bus, however, I have followed American Psycho’s infamy and how it has remained in the public eye over the last decade and a half. Australian OFLC decisions can be reviewed and reversed – as when Pasolini’s final film Salo (1975), which was banned in Australia from the time of its release in 1975 until it was un-banned in 1993, was then banned again in 1998 – however, American Psycho’s initial classification has remained unchanged. In July 2006, I purchased a new paperback copy in rural New South Wales. It was shrink-wrapped in plastic and labelled: ‘R. Category One. Not available to persons under 18 years. Restricted’. While exact sales figures are difficult to ascertain, by working with U.S.A., U.K. and Australian figures, this copy was, I estimate, one of some 1.5 to 1.6 million sold since publication. In the U.S.A., backlist sales remain very strong, with some 22,000 copies sold annually (Holt and Abbott), while lifetime sales in the U.K. are just under 720,000 over five paperback editions. Sales in Australia are currently estimated by Pan MacMillan to total some 100,000, with a new printing of 5,000 copies recently ordered in Australia on the strength of the book being featured on the inaugural Australian Broadcasting Commission’s First Tuesday Book Club national television program (2006). Predictably, the controversy around the publication of American Psycho is regularly revisited by those reviewing Ellis’s subsequent works. A major article in Vanity Fair on Ellis’s next book, The Informers (1994), opened with a graphic description of the death threats Ellis received upon the publication of American Psycho (Tyrnauer 70) and then outlined the controversy in detail (70-71). Those writing about Ellis’s two most recent novels, Glamorama (1999) and Lunar Park (2005), have shared this narrative strategy, which also forms at least part of the frame of every interview article. American Psycho also, again predictably, became a major topic of discussion in relation to the contracting, making and then release of the eponymous film in 2000 as, for example, in Linda S. Kauffman’s extensive and considered review of the film, which spent the first third discussing the history of the book’s publication (“American” 41-45). Playing with this interest, Ellis continues his practice of reusing characters in subsequent works. Thus, American Psycho’s Patrick Bateman, who first appeared in The Rules of Attraction as the elder brother of the main character, Sean – who, in turn, makes a brief appearance in American Psycho – also turns up in Glamorama with ‘strange stains’ on his Armani suit lapels, and again in Lunar Park. The book also continues to be regularly cited in discussions of censorship (see, for example, Dubin; Freccero) and has been included in a number of university-level courses about banned books. In these varied contexts, literary, cultural and other critics have also continued to disagree about the book’s impact upon readers, with some persisting in reading the novel as a p*rnographic incitement to violence. When Wade Frankum killed seven people in Sydney, many suggested a link between these murders and his consumption of X-rated videos, p*rnographic magazines and American Psycho (see, for example, Manne 11), although others argued against this (Wark 11). Prosecutors in the trial of Canadian murderer Paul Bernardo argued that American Psycho provided a ‘blueprint’ for Bernardo’s crimes (Canadian Press A5). Others have read Ellis’s work more positively, as for instance when Sonia Baelo Allué compares American Psycho favourably with Thomas Harris’s The Silence of the Lambs (1988) – arguing that Harris not only depicts more degrading treatment of women, but also makes Hannibal Lecter, his antihero monster, sexily attractive (7-24). Linda S. Kauffman posits that American Psycho is part of an ‘anti-aesthetic’ movement in art, whereby works that are revoltingly ugly and/or grotesque function to confront the repressed fears and desires of the audience and explore issues of identity and subjectivity (Bad Girls), while Patrick W. Shaw includes American Psycho in his work, The Modern American Novel of Violence because, in his opinion, the violence Ellis depicts is not gratuitous. Lost, however, in much of this often-impassioned debate and dialogue is the book itself – and what Ellis actually wrote. 21-years-old when Less than Zero was published, Ellis was still only 26 when American Psycho was released and his youth presented an obvious target. In 1991, Terry Teachout found ‘no moment in American Psycho where Bret Easton Ellis, who claims to be a serious artist, exhibits the workings of an adult moral imagination’ (45, 46), Brad Miner that it was ‘puerile – the very antithesis of good writing’ (43) and Carol Iannone that ‘the inclusion of the now famous offensive scenes reveals a staggering aesthetic and moral immaturity’ (54). Pagan Kennedy also ‘blamed’ the entire work on this immaturity, suggesting that instead of possessing a developed artistic sensibility, Ellis was reacting to (and, ironically, writing for the approval of) critics who had lauded the documentary realism of his violent and nihilistic teenage characters in Less than Zero, but then panned his less sensational story of campus life in The Rules of Attraction (427-428). Yet, in my opinion, there is not only a clear and coherent aesthetic vision driving Ellis’s oeuvre but, moreover, a profoundly moral imagination at work as well. This was my view upon first reading American Psycho, and part of the reason I was so shocked by that charge of filth on the bus. Once familiar with the controversy, I found this view shared by only a minority of commentators. Writing in the New Statesman & Society, Elizabeth J. Young asked: ‘Where have these people been? … Books of p*rnographic violence are nothing new … American Psycho outrages no contemporary taboos. Psychotic killers are everywhere’ (24). I was similarly aware that such murderers not only existed in reality, but also in many widely accessed works of literature and film – to the point where a few years later Joyce Carol Oates could suggest that the serial killer was an icon of popular culture (233). While a popular topic for writers of crime fiction and true crime narratives in both print and on film, a number of ‘serious’ literary writers – including Truman Capote, Norman Mailer, Kate Millet, Margaret Atwood and Oates herself – have also written about serial killers, and even crossed over into the widely acknowledged as ‘low-brow’ true crime genre. Many of these works (both popular or more literary) are vivid and powerful and have, as American Psycho, taken a strong moral position towards their subject matter. Moreover, many books and films have far more disturbing content than American Psycho, yet have caused no such uproar (Young and Caveney 120). By now, the plot of American Psycho is well known, although the structure of the book, noted by Weldon above (C1), is rarely analysed or even commented upon. First person narrator, Patrick Bateman, a young, handsome stockbroker and stereotypical 1980s yuppie, is also a serial killer. The book is largely, and innovatively, structured around this seeming incompatibility – challenging readers’ expectations that such a depraved criminal can be a wealthy white professional – while vividly contrasting the banal, and meticulously detailed, emptiness of Bateman’s life as a New York über-consumer with the scenes where he humiliates, rapes, tortures, murders, mutilates, dismembers and cannibalises his victims. Although only comprising some 16 out of 399 pages in my Picador edition, these violent scenes are extreme and certainly make the work as a whole disgustingly confronting. But that is the entire point of Ellis’s work. Bateman’s violence is rendered so explicitly because its principal role in the novel is to be inescapably horrific. As noted by Baelo Allué, there is no shift in tone between the most banally described detail and the description of violence (17): ‘I’ve situated the body in front of the new Toshiba television set and in the VCR is an old tape and appearing on the screen is the last girl I filmed. I’m wearing a Joseph Abboud suit, a tie by Paul Stuart, shoes by J. Crew, a vest by someone Italian and I’m kneeling on the floor beside a corpse, eating the girl’s brain, gobbling it down, spreading Grey Poupon over hunks of the pink, fleshy meat’ (Ellis 328). In complete opposition to how p*rnography functions, Ellis leaves no room for the possible enjoyment of such a scene. Instead of revelling in the ‘spine chilling’ pleasures of classic horror narratives, there is only the real horror of imagining such an act. The effect, as Kauffman has observed is, rather than arousing, often so disgusting as to be emetic (Bad Girls 249). Ellis was surprised that his detractors did not understand that he was trying to be shocking, not offensive (Love 49), or that his overall aim was to symbolise ‘how desensitised our culture has become towards violence’ (quoted in Dwyer 55). Ellis was also understandably frustrated with readings that conflated not only the contents of the book and their meaning, but also the narrator and author: ‘The acts described in the book are truly, indisputably vile. The book itself is not. Patrick Bateman is a monster. I am not’ (quoted in Love 49). Like Fay Weldon, Norman Mailer understood that American Psycho posited ‘that the eighties were spiritually disgusting and the author’s presentation is the crystallization of such horror’ (129). Unlike Weldon, however, Mailer shied away from defending the novel by judging Ellis not accomplished enough a writer to achieve his ‘monstrous’ aims (182), failing because he did not situate Bateman within a moral universe, that is, ‘by having a murderer with enough inner life for us to comprehend him’ (182). Yet, the morality of Ellis’s project is evident. By viewing the world through the lens of a psychotic killer who, in many ways, personifies the American Dream – wealthy, powerful, intelligent, handsome, energetic and successful – and, yet, who gains no pleasure, satisfaction, coherent identity or sense of life’s meaning from his endless, selfish consumption, Ellis exposes the emptiness of both that world and that dream. As Bateman himself explains: ‘Surface, surface, surface was all that anyone found meaning in. This was civilisation as I saw it, colossal and jagged’ (Ellis 375). Ellis thus situates the responsibility for Bateman’s violence not in his individual moral vacuity, but in the barren values of the society that has shaped him – a selfish society that, in Ellis’s opinion, refused to address the most important issues of the day: corporate greed, mindless consumerism, poverty, homelessness and the prevalence of violent crime. Instead of p*rnographic, therefore, American Psycho is a profoundly political text: Ellis was never attempting to glorify or incite violence against anyone, but rather to expose the effects of apathy to these broad social problems, including the very kinds of violence the most vocal critics feared the book would engender. Fifteen years after the publication of American Psycho, although our societies are apparently growing in overall prosperity, the gap between rich and poor also continues to grow, more are permanently homeless, violence – whether domestic, random or institutionally-sanctioned – escalates, and yet general apathy has intensified to the point where even the ‘ethics’ of torture as government policy can be posited as a subject for rational debate. The real filth of the saga of American Psycho is, thus, how Ellis’s message was wilfully ignored. While critics and public intellectuals discussed the work at length in almost every prominent publication available, few attempted to think in any depth about what Ellis actually wrote about, or to use their powerful positions to raise any serious debate about the concerns he voiced. Some recent critical reappraisals have begun to appreciate how American Psycho is an ‘ethical denunciation, where the reader cannot but face the real horror behind the serial killer phenomenon’ (Baelo Allué 8), but Ellis, I believe, goes further, exposing the truly filthy causes that underlie the existence of such seemingly ‘senseless’ murder. But, Wait, There’s More It is ironic that American Psycho has, itself, generated a mini-industry of products. A decade after publication, a Canadian team – filmmaker Mary Harron, director of I Shot Andy Warhol (1996), working with scriptwriter, Guinevere Turner, and Vancouver-based Lions Gate Entertainment – adapted the book for a major film (Johnson). Starring Christian Bale, Chloë Sevigny, Willem Dafoe and Reese Witherspoon and, with an estimated budget of U.S.$8 million, the film made U.S.$15 million at the American box office. The soundtrack was released for the film’s opening, with video and DVDs to follow and the ‘Killer Collector’s Edition’ DVD – closed-captioned, in widescreen with surround sound – released in June 2005. Amazon.com lists four movie posters (including a Japanese language version) and, most unexpected of all, a series of film tie-in action dolls. The two most popular of these, judging by E-Bay, are the ‘Cult Classics Series 1: Patrick Bateman’ figure which, attired in a smart suit, comes with essential accoutrements of walkman with headphones, briefcase, Wall Street Journal, video tape and recorder, knife, cleaver, axe, nail gun, severed hand and a display base; and the 18” tall ‘motion activated sound’ edition – a larger version of the same doll with fewer accessories, but which plays sound bites from the movie. Thanks to Stephen Harris and Suzie Gibson (UNE) for stimulating conversations about this book, Stephen Harris for information about the recent Australian reprint of American Psycho and Mark Seebeck (Pan Macmillan) for sales information. References Archer, Mark. “The Funeral Baked Meats.” The Spectator 27 April 1991: 31. Australian Broadcasting Corporation. First Tuesday Book Club. First broadcast 1 August 2006. Baelo Allué, Sonia. “The Aesthetics of Serial Killing: Working against Ethics in The Silence of the Lambs (1988) and American Psycho (1991).” Atlantis 24.2 (Dec. 2002): 7-24. Canadian Press. “Navy Yanks American Psycho.” The Globe and Mail 17 May 1991: C1. Canadian Press. “Gruesome Novel Was Bedside Reading.” Kitchener-Waterloo Record 1 Sep. 1995: A5. Dubin, Steven C. “Art’s Enemies: Censors to the Right of Me, Censors to the Left of Me.” Journal of Aesthetic Education 28.4 (Winter 1994): 44-54. Dwyer, Victor. “Literary Firestorm: Canada Customs Scrutinizes a Brutal Novel.” Maclean’s April 1991: 55. Ellis, Bret Easton. American Psycho. London: Macmillan-Picador, 1991. ———. Glamorama. New York: Knopf, 1999. ———. The Informers. New York: Knopf, 1994. ———. Less than Zero. New York: Simon & Schuster, 1985. ———. Lunar Park. New York: Knopf, 2005. ———. The Rules of Attraction. New York: Simon & Schuster, 1987. Fraser, James. :The Case for Publishing.” The Bulletin 18 June 1991. Fraser, William. “Book May Go under Wraps.” The Sydney Morning Herald 23 May 1991: 5. ———. “The Sensitive Censor and the Psycho.” The Sydney Morning Herald 24 May 1991: 5. Freccero, Carla. “Historical Violence, Censorship, and the Serial Killer: The Case of American Psycho.” Diacritics: A Review of Contemporary Criticism 27.2 (Summer 1997): 44-58. Graham, I. “Australian Censorship History.” Libertus.net 9 Dec. 2001. 17 May 2006 http://libertus.net/censor/hist20on.html>. Gurley Brown, Helen. Commentary in “Editorial Judgement or Censorship?: The Case of American Psycho.” The Writer May 1991: 20-23. Harris, Thomas. The Silence of the Lambs. New York: St Martins Press, 1988. Harron, Mary (dir.). American Psycho [film]. Edward R. Pressman Film Corporation, Lions Gate Films, Muse Productions, P.P.S. Films, Quadra Entertainment, Universal Pictures, 2004. Hitchens, Christopher. “Minority Report.” The Nation 7-14 January 1991: 7. Holt, Karen, and Charlotte Abbott. “Lunar Park: The Novel.” Publishers Weekly 11 July 2005. 13 Aug. 2006 http://www.publishersweekly.com/article/CA624404.html? pubdate=7%2F11%2F2005&display=archive>. Iannone, Carol. “PC & the Ellis Affair.” Commentary Magazine July 1991: 52-4. Irving, John. “p*rnography and the New Puritans.” The New York Times Book Review 29 March 1992: Section 7, 1. 13 Aug. 2006 http://www.nytimes.com/books/97/06/15/lifetimes/25665.html>. Johnson, Brian D. “Canadian Cool Meets American Psycho.” Maclean’s 10 April 2000. 13 Aug. 2006 http://www.macleans.ca/culture/films/article.jsp?content=33146>. Kauffman, Linda S. “American Psycho [film review].” Film Quarterly 54.2 (Winter 2000-2001): 41-45. ———. Bad Girls and Sick Boys: Fantasies in Contemporary Art and Culture. Berkeley: University of California Press, 1998. Kennedy, Pagan. “Generation Gaffe: American Psycho.” The Nation 1 April 1991: 426-8. Kirchhoff, H. J. “Customs Clears Psycho: Booksellers’ Reaction Mixed.” The Globe and Mail 26 March 1991: C1. ———. “Psycho Sits in Limbo: Publisher Awaits Customs Ruling.” The Globe and Mail 14 March 1991: C1. Knight-Ridder News Service. “Vintage Picks up Ellis’ American Psycho.” Los Angeles Daily News 17 November 1990: L10. Lehmann-Haupt, Christopher. “Psycho: Wither Death without Life?” The New York Times 11 March 1991: C18. Leo, John. “Marketing Cynicism and Vulgarity.” U.S. News & World Report 3 Dec. 1990: 23. Love, Robert. “Psycho Analysis: Interview with Bret Easton Ellis.” Rolling Stone 4 April 1991: 45-46, 49-51. Mailer, Norman. “Children of the Pied Piper: Mailer on American Psycho.” Vanity Fair March 1991: 124-9, 182-3. Manguel, Alberto. “Designer p*rn.” Saturday Night 106.6 (July 1991): 46-8. Manne, Robert. “Liberals Deny the Video Link.” The Australian 6 Jan. 1997: 11. McDowell, Edwin. “NOW Chapter Seeks Boycott of ‘Psycho’ Novel.” The New York Times 6 Dec. 1990: C17. ———. “Vintage Buys Violent Book Dropped by Simon & Schuster.” The New York Times 17 Nov. 1990: 13. Miner, Brad. “Random Notes.” National Review 31 Dec. 1990: 43. National Organization for Women. Library Journal 2.91 (1991): 114. Oates, Joyce Carol. “Three American Gothics.” Where I’ve Been, and Where I’m Going: Essays, Reviews and Prose. New York: Plume, 1999. 232-43. Rapping, Elayne. “The Uses of Violence.” Progressive 55 (1991): 36-8. Rosenblatt, Roger. “Snuff this Book!: Will Brett Easton Ellis Get Away with Murder?” New York Times Book Review 16 Dec. 1990: 3, 16. Roth, Philip. Portnoy’s Complaint. New York: Random House, 1969. Shaw, Patrick W. The Modern American Novel of Violence. Troy, NY: Whitson, 2000. Sheppard, R. Z. “A Revolting Development.” Time 29 Oct. 1990: 100. Teachout, Terry. “Applied Deconstruction.” National Review 24 June 1991: 45-6. Tyrnauer, Matthew. “Who’s Afraid of Bret Easton Ellis?” Vanity Fair 57.8 (Aug. 1994): 70-3, 100-1. Vnuk, Helen. “X-rated? Outdated.” The Age 21 Sep. 2003. 17 May 2006 http://www.theage.com.au/articles/2003/09/19/1063625202157.html>. Wark, McKenzie. “Video Link Is a Distorted View.” The Australian 8 Jan. 1997: 11. Weldon, Fay. “Now You’re Squeamish?: In a World as Sick as Ours, It’s Silly to Target American Psycho.” The Washington Post 28 April 1991: C1. Wolf, Naomi. “The Animals Speak.” New Statesman & Society 12 April 1991: 33-4. Yardley, Jonathan. “American Psycho: Essence of Trash.” The Washington Post 27 Feb. 1991: B1. Young, Elizabeth J. “Psycho Killers. Last Lines: How to Shock the English.” New Statesman & Society 5 April 1991: 24. Young, Elizabeth J., and Graham Caveney. Shopping in Space: Essays on American ‘Blank Generation’ Fiction. London: Serpent’s Tail, 1992. Zaller, Robert “American Psycho, American Censorship and the Dahmer Case.” Revue Francaise d’Etudes Americaines 16.56 (1993): 317-25. Citation reference for this article MLA Style Brien, Donna Lee. "The Real Filth in : A Critical Reassessment." M/C Journal 9.5 (2006). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0610/01-brien.php>. APA Style Brien, D. (Nov. 2006) "The Real Filth in American Psycho: A Critical Reassessment," M/C Journal, 9(5). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0610/01-brien.php>.

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Abstract:

Cyborgs already walk among us. (“Cures to Come” 76) This essay was begun as a reaction to a Hallmark Hall of Fame television movie called Sweet Nothing in My Ear (2008), which follows the lives of two parents, Dan, who is hearing (played by Jeff Daniels), and Laura, who is deaf (Marlee Matlin), as they struggle to make a decision about whether or not to give their 11-year-old son, Adam (late-deafened), a cochlear implant. Dan and Laura represent different perspectives, hearing and deaf perspectives. The film dramatizes the parents’ conflict and negotiation, exposing audiences to both sides of the cochlear implant debate, albeit in a fairly simplistic way. Nevertheless, it represents the lives of deaf people and gives voice to debates about cochlear implants with more accuracy and detail than most film and television dramas. One of the central scenes in the film is what I call the “activation scene”, quite common to cochlear implant narratives. In the scene, the protagonists witness a child having his implant activated or turned on. The depiction is reminiscent of the WATER scene in the film about Helen Keller, The Miracle Worker, employing a sentimental visual rhetoric. First, the two parents are shown seated near the child, clasping their hands as if in prayer. The audiologist, wielder of technology and therefore clearly the authority figure in the scene, types away furiously on her laptop. At the moment of being “turned on,” the child suddenly “hears” his father calling “David! David!” He gazes angelically toward heaven as piano music plays plaintively in the background. The parents all but fall to their knees and the protagonist of the film, Dan, watching through a window, weeps. It is a scene of cure, of healing, of “miracle,” a hyper-sentimentalised portrait of what is in reality often a rather anti-climactic event. It was certainly anti-climactic in my son, Michael’s case. I was taken aback by how this scene was presented and dismayed overall at some of the inaccuracies, small though they were, in the portrayal of cochlear implants in this film. It was, after all, according to the Nielsen ratings, seen by 8 million people. I began to wonder what kinds of misconceptions my son was going to face when he met people whose only exposure to implants was through media representations. Spurred by this question, I started to research other recent portrayals of people with implants on U.S. television in the past ten years, to see how cochlear implant (hereafter referred to as CI) identity has been portrayed by American media. For most of American history, deaf people have been portrayed in print and visual media as exotic “others,” and have long been the subject of an almost morbid cultural fascination. Christopher Krentz suggests that, particularly in the nineteenth century, scenes pairing sentimentality and deafness repressed an innate, Kristevan “abject” revulsion towards deaf people. Those who are deaf highlight and define, through their ‘lack’, the “unmarked” body. The fact of their deafness, understood as lack, conjures up an ideal that it does not attain, the ideal of the so-called “normal” or “whole” body. In recent years, however, the figure of the “deaf as Other” in the media, has shifted from what might be termed the “traditionally” deaf character, to what Brenda Jo Brueggeman (in her recent book Deaf Subjects: Between Identities and Places), calls “the new deaf cyborg” or the deaf person with a cochlear implant (4). N. Katharine Hailes states that cyborgs are now “the stage on which are performed contestations about the body boundaries that have often marked class, ethnic, and cultural differences” (85). In this essay, I claim that the character with a CI, as portrayed in the media, is now not only a strange, “marked” “Other,” but is also a screen upon which viewers project anxieties about technology, demonstrating both fascination fear. In her book, Brueggeman issues a call to action, saying that Deaf Studies must now begin to examine what she calls “implanting rhetorics,” or “the rhetorical relationships between our technologies and our identity” and therefore needs to attend to the construction of “the new deaf cyborg” (18). This short study will serve, I hope, as both a response to that injunction and as a jumping-off point for more in-depth studies of the construction of the CI identity and the implications of these constructions. First, we should consider what a cochlear implant is and how it functions. The National Association of the Deaf in the United States defines the cochlear implant as a device used to help the user perceive sound, i.e., the sensation of sound that is transmitted past the damaged cochlea to the brain. In this strictly sensorineural manner, the implant works: the sensation of sound is delivered to the brain. The stated goal of the implant is for it to function as a tool to enable deaf children to develop language based on spoken communication. (“NAD Position”) The external portion of the implant consists of the following parts: a microphone, which picks up sound from the environment, which is contained in the behind-the-ear device that resembles the standard BTE hearing aid; in this “hearing aid” there is also a speech processor, which selects and arranges sounds picked up by the microphone. The processor transmits signals to the transmitter/receiver, which then converts them into electric impulses. Part of the transmitter sits on the skin and attaches to the inner portion of the transmitter by means of a magnet. The inner portion of the receiver/stimulator sends the impulses down into the electrode array that lies inside the cochlea, which in turn stimulates the auditory nerve, giving the brain the impression of sound (“Cochlear Implants”). According to manufacturer’s statistics, there are now approximately 188,000 people worldwide who have obtained cochlear implants, though the number of these that are in use is not known (Nussbaum). That is what a cochlear implant is. Before we can look at how people with implants are portrayed in the media, before we examine constructions of identity, perhaps we should first ask what constitutes a “real” CI identity? This is, of course, laughable; pinning down a hom*ogeneous CI identity is no more likely than finding a blanket definition of “deaf identity.” For example, at this point in time, there isn’t even a word or term in American culture for someone with an implant. I struggle with how to phrase it in this essay - “implantee?” “recipient?” - there are no neat labels. In the USA you can call a person deaf, Deaf (the “D” representing a specific cultural and political identity), hearing impaired, hard of hearing, and each gradation implies, for better or worse, some kind of subject position. There are no such terms for a person who gets an implant. Are people with implants, as suggested above, just deaf? Deaf? Are they hard of hearing? There is even debate in the ASL community as to what sign should be used to indicate “someone who has a cochlear implant.” If a “CI identity” cannot be located, then perhaps the rhetoric that is used to describe it may be. Paddy Ladd, in Understanding Deaf Culture, does a brilliant job of exploring the various discourses that have surrounded deaf culture throughout history. Stuart Blume borrows heavily from Ladd in his “The Rhetoric and Counter-Rhetoric of a 'Bionic' Technology”, where he points out that an “essential and deliberate feature” of the history of the CI from the 60s onward, was that it was constructed in an overwhelmingly positive light by the mass media, using what Ladd calls the “medical” rhetorical model. That is, that the CI is a kind of medical miracle that promised to cure deafness. Within this model one may find also the sentimental, “missionary” rhetoric that Krentz discusses, what Ladd claims is a revival of the evangelism of the nineteenth-century Oralist movement in America. Indeed, newspaper articles in the 1980s and 90s hailed the implant as a “breakthrough”, a “miracle”; even a quick survey of headlines shows evidence of this: “Upton Boy Can Hear at Last!”, “Girl with a New Song in Her Heart”, “Children Head Queue for Bionic Ears” (Lane). As recently as January 2010, an issue of National Geographic featured on its cover the headline Merging Man and Machine: The Bionic Age. Sure enough, the second photograph in the story is of a child’s bilateral cochlear implant, with the caption “within months of the surgery (the child) spoke the words his hearing parents longed for: Mama and Dada.” “You’re looking at a real bionic kid,” says Johns Hopkins University surgeon John Niparko, proudly (37). To counter this medical/corporate rhetoric of cure, Ladd and Blume claim, the deaf community devised a counter-rhetoric, a discourse in which the CI is not cast in the language of miracle and life, but instead in terms of death, mutilation, and cultural oppression. Here, the implant is depicted as the last in a long line of sad*stic experiments using the deaf as guinea pigs. Often the CI is framed in the language of Nazism and genocide as seen in the title of an article in the British Deaf News: “Cochlear Implants: Oralism’s Final Solution.” So, which of these two “implanting rhetorics” is most visible in the current construction of the CI in American television? Is the CI identity presented by rendering people with CIs impossibly positive, happy characters? Is it delineated using the metaphors of the sentimental, of cure, of miracle? Or is the CI identity constructed using the counter-rhetorical references to death, oppression and cultural genocide? One might hypothesize that television, like other media, cultivating as it does the values of the hearing hegemony, would err on the side of promulgating the medicalised, positivist rhetoric of the “cure” for deafness. In an effort to find out, I conducted a general survey of American television shows from 2000 to now that featured characters with CIs. I did not include news shows or documentaries in my survey. Interestingly, some of the earliest television portrayals of CIs appeared in that bastion of American sentimentality, the daytime soap opera. In 2006, on the show “The Young and the Restless”, a “troubled college student who contracted meningitis” received an implant, and in 2007 “All My Children” aired a story arc about a “toddler who becomes deaf after a car crash.” It is interesting to note that both characters were portrayed as “late-deafened”, or suddenly inflicted with the loss of a sense they previously possessed, thus avoiding any whiff of controversy about early implantation. But one expects a hyper-sentimentalised portrayal of just about everything in daytime dramas like this. What is interesting is that when people with CIs have appeared on several “reality” programs, which purport to offer “real,” unadulterated glimpses into people’s lives, the rhetoric is no less sentimentalized than the soaps (perhaps because these shows are no less fabricated). A good example of this is the widely watched and, I think, ironically named show “True Life” which appears on MTV. This is a series that claims to tell the “remarkable real-life stories of young people and the unusual subcultures they inhabit.” In episode 42, “ True Life: I’m Deaf”, part of the show follows a young man, Chris, born deaf and proud of it (his words), who decides to get a cochlear implant because he wants to be involved in the hearing world. Through an interpreter Chris explains that he wants an implant so he can communicate with his friends, talk with girls, and ultimately fulfill his dreams of having a job and getting married (one has to ask: are these things he can’t do without an implant?). The show’s promo asks “how do you go from living a life in total silence to fully understanding the spoken language?” This statement alone contains two elements common to the “miracle” rhetoric, first that the “tragic” deaf victim will emerge from a completely lonely, silent place (not true; most deaf people have some residual hearing, and if you watch the show you see Chris signing, “speaking” voluminously) to seamlessly, miraculously, “fully” joining and understanding the hearing world. Chris, it seems, will only come into full being when he is able to join the hearing world. In this case, the CI will cure what ails him. According to “True Life.” Aside from “soap opera” drama and so-called reality programming, by far the largest dissemination of media constructions of the CI in the past ten years occurred on top-slot prime-time television shows, which consist primarily of the immensely popular genre of the medical and police procedural drama. Most of these shows have at one time or another had a “deaf” episode, in which there is a deaf character or characters involved, but between 2005 and 2008, it is interesting to note that most, if not all of the most popular of these have aired episodes devoted to the CI controversy, or have featured deaf characters with CIs. The shows include: CSI (both Miami and New York), Cold Case, Law and Order (both SVU and Criminal Intent), Scrubs, Gideon’s Crossing, and Bones. Below is a snippet of dialogue from Bones: Zach: {Holding a necklace} He was wearing this.Angela: Catholic boy.Brennan: One by two forceps.Angela {as Brennan pulls a small disc out from behind the victim’s ear} What is that?Brennan: Cochlear implant. Looks like the birds were trying to get it.Angela: That would set a boy apart from the others, being deaf.(Bones, “A Boy in the Tree”, 1.3, 2005) In this scene, the forensics experts are able to describe significant points of this victim’s identity using the only two solid artifacts left in the remains, a crucifix and a cochlear implant. I cite this scene because it serves, I believe, as a neat metaphor for how these shows, and indeed television media in general, are, like the investigators, constantly engaged in the business of cobbling together identity: in this particular case, a cochlear implant identity. It also shows how an audience can cultivate or interpret these kinds of identity constructions, here, the implant as an object serves as a tangible sign of deafness, and from this sign, or clue, the “audience” (represented by the spectator, Angela) immediately infers that the victim was lonely and isolated, “set apart from the others.” Such wrongheaded inferences, frivolous as they may seem coming from the realm of popular culture, have, I believe, a profound influence on the perceptions of larger society. The use of the CI in Bones is quite interesting, because although at the beginning of the show the implant is a key piece of evidence, that which marks and identifies the dead/deaf body, the character’s CI identity proves almost completely irrelevant to the unfolding of the murder-mystery. The only times the CI character’s deafness is emphasized are when an effort is made to prove that the he committed suicide (i.e., if you’re deaf you are therefore “isolated,” and therefore you must be miserable enough to kill yourself). Zak, one of the forensics officers says, “I didn’t talk to anyone in high school and I didn’t kill myself” and another officer comments that the boy was “alienated by culture, by language, and by his handicap” (odd statements, since most deaf children with or without implants have remarkably good language ability). Also, in another strange moment, the victim’s ambassador/mother shows a video clip of the child’s CI activation and says “a person who lived through this miracle would never take his own life” (emphasis mine). A girlfriend, implicated in the murder (the boy is killed because he threatened to “talk”, revealing a blackmail scheme), says “people didn’t notice him because of the way he talked but I liked him…” So at least in this show, both types of “implanting rhetoric” are employed; a person with a CI, though the recipient of a “miracle,” is also perceived as “isolated” and “alienated” and unfortunately, ends up dead. This kind of rather negative portrayal of a person with a CI also appears in the CSI: New York episode ”Silent Night” which aired in 2006. One of two plot lines features Marlee Matlin as the mother of a deaf family. At the beginning of the episode, after feeling some strange vibrations, Matlin’s character, Gina, checks on her little granddaughter, Elizabeth, who is crying hysterically in her crib. She finds her daughter, Alison, dead on the floor. In the course of the show, it is found that a former boyfriend, Cole, who may have been the father of the infant, struggled with and shot Alison as he was trying to kidnap the baby. Apparently Cole “got his hearing back” with a cochlear implant, no longer considered himself Deaf, and wanted the child so that she wouldn’t be raised “Deaf.” At the end of the show, Cole tries to abduct both grandmother and baby at gunpoint. As he has lost his external transmitter, he is unable to understand what the police are trying to tell him and threatens to kill his hostages. He is arrested in the end. In this case, the CI recipient is depicted as a violent, out of control figure, calmed (in this case) only by Matlin’s presence and her ability to communicate with him in ASL. The implication is that in getting the CI, Cole is “killing off” his Deaf identity, and as a result, is mentally unstable. Talking to Matlin, whose character is a stand-in for Deaf culture, is the only way to bring him back to his senses. The October 2007 episode of CSI: Miami entitled “Inside-Out” is another example of the counter-rhetoric at work in the form of another implant corpse. A police officer, trying to prevent the escape of a criminal en route to prison, thinks he has accidentally shot an innocent bystander, a deaf woman. An exchange between the coroner and a CSI goes as follows: (Alexx Woods): “This is as innocent as a victim gets.”(Calleigh Duquesne): “How so?”AW: Check this out.”CD: “I don’t understand. Her head is magnetized? Steel plate?”AW: “It’s a cochlear implant. Helps deaf people to receive and process speech and sounds.”(CSI dramatization) AW VO: “It’s surgically implanted into the inner ear. Consists of a receiver that decodes and transmits to an electrode array sending a signal to the brain.”CD: “Wouldn’t there be an external component?”AW: “Oh, she must have lost it before she was shot.”CD: “Well, that explains why she didn’t get out of there. She had no idea what was going on.” (TWIZ) Based on the evidence, the “sign” of the implant, the investigators are able to identify the victim as deaf, and they infer therefore that she is innocent. It is only at the end of the program that we learn that the deaf “innocent” was really the girlfriend of the criminal, and was on the scene aiding in his escape. So she is at first “as innocent” as they come, and then at the end, she is the most insidious of the criminals in the episode. The writers at least provide a nice twist on the more common deaf-innocent stereotype. Cold Case showcased a CI in the 2008 episode “Andy in C Minor,” in which the case of a 17-year-old deaf boy is reopened. The boy, Andy, had disappeared from his high school. In the investigation it is revealed that his hearing girlfriend, Emma, convinced him to get an implant, because it would help him play the piano, which he wanted to do in order to bond with her. His parents, deaf, were against the idea, and had him promise to break up with Emma and never bring up the CI again. His body is found on the campus, with a cochlear device next to his remains. Apparently Emma had convinced him to get the implant and, in the end, Andy’s father had reluctantly consented to the surgery. It is finally revealed that his Deaf best friend, Carlos, killed him with a blow to the back of the head while he was playing the piano, because he was “afraid to be alone.” This show uses the counter-rhetoric of Deaf genocide in an interesting way. In this case it is not just the CI device alone that renders the CI character symbolically “dead” to his Deaf identity, but it leads directly to his being literally executed by, or in a sense, excommunicated from, Deaf Culture, as it is represented by the character of Carlos. The “House Divided” episode of House (2009) provides the most problematic (or I should say absurd) representation of the CI process and of a CI identity. In the show, a fourteen-year-old deaf wrestler comes into the hospital after experiencing terrible head pain and hearing “imaginary explosions.” Doctors Foreman and Thirteen dutifully serve as representatives of both sides of the “implant debate”: when discussing why House hasn’t mocked the patient for not having a CI, Thirteen says “The patient doesn’t have a CI because he’s comfortable with who he is. That’s admirable.” Foreman says, “He’s deaf. It’s not an identity, it’s a disability.” 13: “It’s also a culture.” F: “Anything I can simulate with $3 earplugs isn’t a culture.” Later, House, talking to himself, thinks “he’s going to go through life deaf. He has no idea what he’s missing.” So, as usual, without permission, he orders Chase to implant a CI in the patient while he is under anesthesia for another procedure (a brain biopsy). After the surgery the team asks House why he did it and he responds, “Why would I give someone their hearing? Ask God the same question you’d get the same answer.” The shows writers endow House’s character, as they usually do, with the stereotypical “God complex” of the medical establishment, but in doing also they play beautifully into the Ladd and Blume’s rhetoric of medical miracle and cure. Immediately after the implant (which the hospital just happened to have on hand) the incision has, miraculously, healed overnight. Chase (who just happens to be a skilled CI surgeon and audiologist) activates the external processor (normally a months-long process). The sound is overwhelming, the boy hears everything. The mother is upset. “Once my son is stable,” the mom says, “I want that THING out of his head.” The patient also demands that the “thing” be removed. Right after this scene, House puts a Bluetooth in his ear so he can talk to himself without people thinking he’s crazy (an interesting reference to how we all are becoming cyborgs, more and more “implanted” with technology). Later, mother and son have the usual touching sentimental scene, where she speaks his name, he hears her voice for the first time and says, “Is that my name? S-E-T-H?” Mom cries. Seth’s deaf girlfriend later tells him she wishes she could get a CI, “It’s a great thing. It will open up a whole new world for you,” an idea he rejects. He hears his girlfriend vocalize, and asks Thirteen if he “sounds like that.” This for some reason clinches his decision about not wanting his CI and, rather than simply take off the external magnet, he rips the entire device right out of his head, which sends him into shock and system failure. Ultimately the team solves the mystery of the boy’s initial ailment and diagnoses him with sarcoidosis. In a final scene, the mother tells her son that she is having them replace the implant. She says it’s “my call.” This show, with its confusing use of both the sentimental and the counter-rhetoric, as well as its outrageous inaccuracies, is the most egregious example of how the CI is currently being constructed on television, but it, along with my other examples, clearly shows the Ladd/Blume rhetoric and counter rhetoric at work. The CI character is on one hand portrayed as an innocent, infantilized, tragic, or passive figure that is the recipient of a medical miracle kindly urged upon them (or forced upon them, as in the case of House). On the other hand, the CI character is depicted in the language of the counter-rhetoric: as deeply flawed, crazed, disturbed or damaged somehow by the incursions onto their Deaf identity, or, in the worst case scenario, they are dead, exterminated. Granted, it is the very premise of the forensic/crime drama to have a victim, and a dead victim, and it is the nature of the police drama to have a “bad,” criminal character; there is nothing wrong with having both good and bad CI characters, but my question is, in the end, why is it an either-or proposition? Why is CI identity only being portrayed in essentialist terms on these types of shows? Why are there no realistic portrayals of people with CIs (and for that matter, deaf people) as the richly varied individuals that they are? These questions aside, if these two types of “implanting rhetoric”, the sentimentalised and the terminated, are all we have at the moment, what does it mean? As I mentioned early in this essay, deaf people, along with many “others,” have long helped to highlight and define the hegemonic “norm.” The apparent cultural need for a Foucauldian “marked body” explains not only the popularity of crime dramas, but it also could explain the oddly proliferant use of characters with cochlear implants in these particular shows. A person with an implant on the side of their head is definitely a more “marked” body than the deaf person with no hearing aid. The CI character is more controversial, more shocking; it’s trendier, “sexier”, and this boosts ratings. But CI characters are, unlike their deaf predecessors, now serving an additional cultural function. I believe they are, as I claim in the beginning of this essay, screens upon which our culture is now projecting repressed anxieties about emergent technology. The two essentialist rhetorics of the cochlear implant, the rhetoric of the sentimental, medical model, and the rhetoric of genocide, ultimately represent our technophilia and our technophobia. The CI character embodies what Debra Shaw terms a current, “ontological insecurity that attends the interface between the human body and the datasphere” (85). We are growing more nervous “as new technologies shape our experiences, they blur the lines between the corporeal and incorporeal, between physical space and virtual space” (Selfe). Technology either threatens the integrity of the self, “the coherence of the body” (we are either dead or damaged) or technology allows us to transcend the limitations of the body: we are converted, “transformed”, the recipient of a happy modern miracle. In the end, I found that representations of CI on television (in the United States) are overwhelmingly sentimental and therefore essentialist. It seems that the conflicting nineteenth century tendency of attraction and revulsion toward the deaf is still, in the twenty-first century, evident. We are still mired in the rhetoric of “cure” and “control,” despite an active Deaf counter discourse that employs the language of the holocaust, warning of the extermination of yet another cultural minority. We are also daily becoming daily more “embedded in cybernetic systems,” with our laptops, emails, GPSs, PDAs, cell phones, Bluetooths, and the likes. We are becoming increasingly engaged in a “necessary relationship with machines” (Shaw 91). We are gradually becoming no longer “other” to the machine, and so our culturally constructed perceptions of ourselves are being threatened. In the nineteenth century, divisions and hierarchies between a white male majority and the “other” (women, African Americans, immigrants, Native Americans) began to blur. Now, the divisions between human and machine, as represented by a person with a CI, are starting to blur, creating anxiety. Perhaps this anxiety is why we are trying, at least in the media, symbolically to ‘cure’ the marked body or kill off the cyborg. Future examinations of the discourse should, I believe, use these media constructions as a lens through which to continue to examine and illuminate the complex subject position of the CI identity, and therefore, perhaps, also explore what the subject position of the post/human identity will be. References "A Boy in a Tree." Patrick Norris (dir.), Hart Hanson (by), Emily Deschanel (perf.). Bones, Fox Network, 7 Sep. 2005. “Andy in C Minor.” Jeannete Szwarc (dir.), Gavin Harris (by), Kathryn Morris (perf.). Cold Case, CBS Network, 30 March 2008. Blume, Stuart. “The Rhetoric and Counter Rhetoric of a “Bionic” Technology.” Science, Technology and Human Values 22.1 (1997): 31-56. Brueggemann, Brenda Jo. Deaf Subjects: Between Identities and Places. New York: New York UP, 2009. “Cochlear Implant Statistics.” ASL-Cochlear Implant Community. Blog. Citing Laurent Le Clerc National Deaf Education Center. Gallaudet University, 18 Mar. 2008. 29 Apr. 2010 ‹http:/ /aslci.blogspot.com/2008/03/cochlear-implant-statistics.html›. “Cures to Come.” Discover Presents the Brain (Spring 2010): 76. Fischman, Josh. “Bionics.” National Geographic Magazine 217 (2010). “House Divided.” Greg Yaitanes (dir.), Matthew V. Lewis (by), Hugh Laurie (perf.). House, Fox Network, 22 Apr. 2009. “Inside-Out.” Gina Lamar (dir.), Anthony Zuiker (by), David Caruso (perf.). CSI: Miami, CBS Network, 8 Oct. 2007. Krentz, Christopher. Writing Deafness: The Hearing Line in Nineteenth-Century American Literature. Chapel Hill: UNC P, 2007. Ladd, Paddy. Understanding Deaf Culture: In Search of Deafhood. Clevedon, UK: Multilingual Matters Limited, 2002. Lane, Harlan. A Journey Into the Deaf-World. San Diego: DawnSignPress, 1996. “NAD Position Statement on the Cochlear Implant.” National Association of the Deaf. 6 Oct. 2000. 29 April 2010 ‹http://www.nad.org/issues/technology/assistive-listening/cochlear-implants›. Nussbaum, Debra. “Manufacturer Information.” Cochlear Implant Information Center. National Deaf Education Center. Gallaudet University. 29 Apr. 2010 < http://clerccenter.gallaudet.edu >. Shaw, Debra. Technoculture: The Key Concepts. Oxford: Berg, 2008. “Silent Night.” Rob Bailey (dir.), Anthony Zuiker (by), Gary Sinise (perf.). CSI: New York, CBS Network, 13 Dec. 2006. “Sweet Nothing in My Ear.” Joseph Sargent (dir.), Stephen Sachs (by), Jeff Daniels (perf.). Hallmark Hall of Fame Production, 20 Apr. 2008. TWIZ TV scripts. CSI: Miami, “Inside-Out.” “What Is the Surgery Like?” FAQ, University of Miami Cochlear Implant Center. 29 Apr. 2010 ‹http://cochlearimplants.med.miami.edu/faq/index.asp›.

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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. 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Photograph by Gonzalo Echeverria (2010)We need to get some broad-based support, to capture the public’s imagination … so we have to offer up scary scenarios, make simplified, dramatic statements and make little mention of any doubts … each of us has to decide what the right balance is between being effective and being honest (Hulme 347). Acclaimed climate scientist, the late Stephen Schneider, made this comment in 1988. Later he regretted it and said that there are ways of using metaphors that can “convey both urgency and uncertainty” (Hulme 347). What Schneider encapsulates here is the great conundrum for those attempting to communicate climate change to the everyday public. How do scientists capture the public’s imagination and convey the desperation they feel about climate change, but do it ethically? If scientific findings are presented carefully, in boring technical jargon that few can understand, then they are unlikely to attract audiences or provide an impetus for behavioural change. “What can move someone to act?” asks communication theorists Susan Moser and Lisa Dilling (37). “If a red light blinks on in a co*ckpit” asks Donella Meadows, “should the pilot ignore it until in speaks in an unexcited tone? … Is there any way to say [it] sweetly? Patiently? If one did, would anyone pay attention?” (Moser and Dilling 37). In 2010 Tim Flannery was appointed Panasonic Chair in Environmental Sustainability at Macquarie University. His main teaching role remains within the new science communication programme. One of the first things Flannery was emphatic about was acquainting students with Karl Popper and the origin of the scientific method. “There is no truth in science”, he proclaimed in his first lecture to students “only theories, hypotheses and falsifiabilities”. In other words, science’s epistemological limits are framed such that, as Michael Lemonick argues, “a statement that cannot be proven false is generally not considered to be scientific” (n.p., my emphasis). The impetus for the following paper emanates precisely from this issue of scientific uncertainty — more specifically from teaching a course with Tim Flannery called Communicating climate change to a highly motivated group of undergraduate science communication students. I attempt to illuminate how uncertainty is constructed differently by different groups and that the “public” does not necessarily interpret uncertainty in the same way the sciences do. This paper also analyses how doubt has been politicised and operates polemically in media coverage of climate change. As Andrew Gorman-Murray and Gordon Waitt highlight in an earlier issue of M/C Journal that focused on the climate-culture nexus, an understanding of the science alone is not adequate to deal with the cultural change necessary to address the challenges climate change brings (n.p). Far from being redundant in debates around climate change, the humanities have much to offer. Erosion of Trust in Science The objectives of Macquarie’s science communication program are far more ambitious than it can ever hope to achieve. But this is not necessarily a bad thing. The initiative is a response to declining student numbers in maths and science programmes around the country and is designed to address the perceived lack of communication skills in science graduates that the Australian Council of Deans of Science identified in their 2001 report. According to Macquarie Vice Chancellor Steven Schwartz’s blog, a broader, and much more ambitious aim of the program is to “restore public trust in science and scientists in the face of widespread cynicism” (n.p.). In recent times the erosion of public trust in science was exacerbated through the theft of e-mails from East Anglia University’s Climate Research Unit and the so-called “climategate scandal” which ensued. With the illegal publication of the e-mails came claims against the Research Unit that climate experts had been manipulating scientific data to suit a pro-global warming agenda. Three inquiries later, all the scientists involved were cleared of any wrongdoing, however the damage had already been done. To the public, what this scandal revealed was a certain level of scientific hubris around the uncertainties of the science and an unwillingness to explain the nature of these uncertainties. The prevailing notion remained that the experts were keeping information from public scrutiny and not being totally honest with them, which at least in the short term, damaged the scientists’s credibility. Many argued that this signalled a shift in public opinion and media portrayal on the issue of climate change in late 2009. University of Sydney academic, Rod Tiffen, claimed in the Sydney Morning Herald that the climategate scandal was “one of the pivotal moments in changing the politics of climate change” (n.p). In Australia this had profound implications and meant that the bipartisan agreement on an emissions trading scheme (ETS) that had almost been reached, subsequently collapsed with (climate sceptic) Tony Abbott's defeat of (ETS advocate) Malcolm Turnbull to become opposition leader (Tiffen). Not long after the reputation of science received this almighty blow, albeit unfairly, the federal government released a report in February 2010, Inspiring Australia – A national strategy for engagement with the sciences as part of the country’s innovation agenda. The report outlines a commitment from the Australian government and universities around the country to address the challenges of not only communicating science to the broader community but, in the process, renewing public trust and engagement in science. The report states that: in order to achieve a scientifically engaged Australia, it will be necessary to develop a culture where the sciences are recognized as relevant to everyday life … Our science institutions will be expected to share their knowledge and to help realize full social, economic, health and environmental benefits of scientific research and in return win ongoing public support. (xiv-xv) After launching the report, Innovation Minister Kim Carr went so far as to conflate “hope” with “science” and in the process elevate a discourse of technological determinism: “it’s time for all true friends of science to step up and defend its values and achievements” adding that, "when you denigrate science, you destroy hope” (n.p.). Forever gone is our naïve post-war world when scientists were held in such high esteem that they could virtually use humans as guinea pigs to test out new wonder chemicals; such as organochlorines, of which DDT is the most widely known (Carson). Thanks to government-sponsored nuclear testing programs, if you were born in the 1950s, 1960s or early 1970s, your brain carries a permanent nuclear legacy (Flannery, Here On Earth 158). So surely, for the most part, questioning the authority and hubristic tendencies of science is a good thing. And I might add, it’s not just scientists who bear this critical burden, the same scepticism is directed towards journalists, politicians and academics alike – something that many cultural theorists have noted is characteristic of our contemporary postmodern world (Lyotard). So far from destroying hope, as the former Innovation Minister Kim Carr (now Minister for Innovation, Industry, Science and Research) suggests, surely we need to use the criticisms of science as a vehicle upon which to initiate hope and humility. Different Ways of Knowing: Bayesian Beliefs and Matters of Concern At best, [science] produces a robust consensus based on a process of inquiry that allows for continued scrutiny, re-examination, and revision. (Oreskes 370) In an attempt to capitalise on the Macquarie Science Faculty’s expertise in climate science, I convened a course in second semester 2010 called SCOM201 Science, Media, Community: Communicating Climate Change, with invaluable assistance from Penny Wilson, Elaine Kelly and Liz Morgan. Mike Hulme’s provocative text, Why we disagree about climate change: Understanding controversy, inaction and opportunity provided an invaluable framework for the course. Hulme’s book brings other types of knowledge, beyond the scientific, to bear on our attitudes towards climate change. Climate change, he claims, has moved from being just a physical, scientific, and measurable phenomenon to becoming a social and cultural phenomenon. In order to understand the contested nature of climate change we need to acknowledge the dynamic and varied meanings climate has played in different cultures throughout history as well as the role that our own subjective attitudes and judgements play. Climate change has become a battleground between different ways of knowing, alternative visions of the future, competing ideas about what’s ethical and what’s not. Hulme makes the point that one of the reasons that we disagree about climate change is because we disagree about the role of science in today’s society. He encourages readers to use climate change as a tool to rigorously question the basis of our beliefs, assumptions and prejudices. Since uncertainty was the course’s raison d’etre, I was fortunate to have an extraordinary cohort of students who readily engaged with a course that forced them to confront their own epistemological limits — both personally and in a disciplinary sense. (See their blog: https://scom201.wordpress.com/). Science is often associated with objective realities. It thus tends to distinguish itself from the post-structuralist vein of critique that dominates much of the contemporary humanities. At the core of post-structuralism is scepticism about everyday, commonly accepted “truths” or what some call “meta-narratives” as well as an acknowledgement of the role that subjectivity plays in the pursuit of knowledge (Lyotard). However if we can’t rely on objective truths or impartial facts then where does this leave us when it comes to generating policy or encouraging behavioural change around the issue of climate change? Controversial philosophy of science scholar Bruno Latour sits squarely in the post-structuralist camp. In his 2004 article, “Why has critique run out of steam? From matters of fact to matters of concern”, he laments the way the right wing has managed to gain ground in the climate change debate through arguing that uncertainty and lack of proof is reason enough to deny demands for action. Or to use his turn-of-phrase, “dangerous extremists are using the very same argument of social construction to destroy hard-won evidence that could save our lives” (Latour n.p). Through co-opting (the Left’s dearly held notion of) scepticism and even calling themselves “climate sceptics”, they exploited doubt as a rationale for why we should do nothing about climate change. Uncertainty is not only an important part of science, but also of the human condition. However, as sociologist Sheila Jasanoff explains in her Nature article, “Technologies of Humility”, uncertainty has become like a disease: Uncertainty has become a threat to collective action, the disease that knowledge must cure. It is the condition that poses cruel dilemmas for decision makers; that must be reduced at all costs; that is tamed with scenarios and assessments; and that feeds the frenzy for new knowledge, much of it scientific. (Jasanoff 33) If we move from talking about climate change as “a matter of fact” to “a matter of concern”, argues Bruno Latour, then we can start talking about useful ways to combat it, rather than talking about whether the science is “in” or not. Facts certainly matter, claims Latour, but they can’t give us the whole story, rather “they assemble with other ingredients to produce a matter of concern” (Potter and Oster 123). Emily Potter and Candice Oster suggest that climate change can’t be understood through either natural or cultural frames alone and, “unlike a matter of fact, matters of concern cannot be explained through a single point of view or discursive frame” (123). This makes a lot of what Hulme argues far more useful because it enables the debate to be taken to another level. Those of us with non-scientific expertise can centre debates around the kinds of societies we want, rather than being caught up in the scientific (un)certainties. If we translate Latour’s concept of climate change being “a matter of concern” into the discourse of environmental management then what we come up with, I think, is the “precautionary principle”. In the YouTube clip, “Stephen Schneider vs Skeptics”, Schneider argues that when in doubt about the potential environmental impacts of climate change, we should always apply the precautionary principle. This principle emerged from the UN conference on Environment and Development in Rio de Janeiro in 1992 and concerns the management of scientific risk. However its origins are evident much earlier in documents such as the “Use of Pesticides” from US President’s Science Advisory Committee in 1962. Unlike in criminal and other types of law where the burden of proof is on the prosecutor to show that the person charged is guilty of a particular offence, in environmental law the onus of proof is on the manufacturers to demonstrate the safety of their product. For instance, a pesticide should be restricted or disproved for use if there is “reasonable doubt” about its safety (Oreskes 374). Principle 15 of the Rio Declaration on Environment and Development in 1992 has its foundations in the precautionary principle: “Where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation” (n.p). According to Environmental Law Online, the Rio declaration suggests that, “The precautionary principle applies where there is a ‘lack of full scientific certainty’ – that is, when science cannot say what consequences to expect, how grave they are, or how likely they are to occur” (n.p.). In order to make predictions about the likelihood of an event occurring, scientists employ a level of subjectivity, or need to “reveal their degree of belief that a prediction will turn out to be correct … [S]omething has to substitute for this lack of certainty” otherwise “the only alternative is to admit that absolutely nothing is known” (Hulme 85). These statements of “subjective probabilities or beliefs” are called Bayesian, after eighteenth century English mathematician Sir Thomas Bayes who developed the theory of evidential probability. These “probabilities” are estimates, or in other words, subjective, informed judgements that draw upon evidence and experience about the likelihood of event occurring. The Intergovernmental Panel on Climate Change (IPCC) uses Bayesian beliefs to determine the risk or likelihood of an event occurring. The IPCC provides the largest international scientific assessment of climate change and often adopts a consensus model where viewpoint reached by the majority of scientists is used to establish knowledge amongst an interdisciplinary community of scientists and then communicate it to the public (Hulme 88). According to the IPCC, this consensus is reached amongst more than more than 450 lead authors, more than 800 contributing authors, and 2500 scientific reviewers. While it is an advisory body and is not policy-prescriptive, the IPCC adopts particular linguistic conventions to indicate the probability of a statement being correct. Stephen Schneider convinced the IPCC to use this approach to systemise uncertainty (Lemonick). So for instance, in the IPCC reports, the term “likely” denotes a chance of 66%-90% of the statement being correct, while “very likely” denotes more than a 90% chance. Note the change from the Third Assessment Report (2001), indicating that “most of the observed warming in over the last fifty years is likely to have been due to the increase in greenhouse gas emissions” to the Fourth Assessment (February 2007) which more strongly states: “Most of the observed increase in global average temperatures since the mid twentieth century is very likely due to the observed increase in anthropogenic greenhouse gas concentrations” (Hulme 51, my italics). A fiery attack on Tim Flannery by Andrew Bolt on Steve Price’s talkback radio show in June 2010 illustrates just how misunderstood scientific uncertainty is in the broader community. When Price introduces Flannery as former Australian of the Year, Bolt intercedes, claiming Flannery is “Alarmist of the Year”, then goes on to chastise Flannery for making various forecasts which didn’t eventuate, such as that Perth and Brisbane might run out of water by 2009. “How much are you to blame for the swing in sentiment, the retreat from global warming policy and rise of scepticism?” demands Bolt. In the context of the events of late 2009 and early 2010, the fact that these events didn’t materialise made Flannery, and others, seem unreliable. And what Bolt had to say on talkback radio, I suspect, resonated with a good proportion of its audience. What Bolt was trying to do was discredit Flannery’s scientific credentials and in the process erode trust in the expert. Flannery’s response was to claim that, what he said was that these events might eventuate. In much the same way that the climate sceptics have managed to co-opt scepticism and use it as a rationale for inaction on climate change, Andrew Bolt here either misunderstands basic scientific method or quite consciously misleads and manipulates the public. As Naomi Oreskes argues, “proof does not play the role in science that most people think it does (or should), and therefore it cannot play the role in policy that skeptics demand it should” (Oreskes 370). Doubt and ‘Situated’ Hope Uncertainty and ambiguity then emerge here as resources because they force us to confront those things we really want–not safety in some distant, contested future but justice and self-understanding now. (Sheila Jasanoff, cited in Hulme, back cover) In his last published book before his death in mid-2010, Science as a contact sport, Stephen Schneider’s advice to aspiring science communicators is that they should engage with the media “not at all, or a lot”. Climate scientist Ann Henderson-Sellers adds that there are very few scientists “who have the natural ability, and learn or cultivate the talents, of effective communication with and through the media” (430). In order to attract the public’s attention, it was once commonplace for scientists to write editorials and exploit fear-provoking measures by including a “useful catastrophe or two” (Moser and Dilling 37). But are these tactics effective? Susanne Moser thinks not. She argues that “numerous studies show that … fear may change attitudes … but not necessarily increase active engagement or behaviour change” (Moser 70). Furthermore, risk psychologists argue that danger is always context specific (Hulme 196). If the risk or danger is “situated” and “tangible” (such as lead toxicity levels in children in Mt Isa from the Xstrata mine) then the public will engage with it. However if it is “un-situated” (distant, intangible and diffuse) like climate change, the audience is less likely to. In my SCOM201 class we examined the impact of two climate change-related campaigns. The first one was a short film used to promote the 2010 Copenhagen Climate Change Summit (“Scary”) and the second was the State Government of Victoria’s “You have the power: Save Energy” public awareness campaign (“You”). Using Moser’s article to guide them, students evaluated each campaign’s effectiveness. Their conclusions were that the “You have the power” campaign had far more impact because it a) had very clear objectives (to cut domestic power consumption) b) provided a very clear visualisation of carbon dioxide through the metaphor of black balloons wafting up into the atmosphere, c) gave viewers a sense of empowerment and hope through describing simple measures to cut power consumption and, d) used simple but effective metaphors to convey a world progressed beyond human control, such as household appliances robotically operating themselves in the absence of humans. Despite its high production values, in comparison, the Copenhagen Summit promotion was more than ineffective and bordered on propaganda. It actually turned viewers off with its whining, righteous appeal of, “please help the world”. Its message and objectives were ambiguous, it conveyed environmental catastrophe through hackneyed images, exploited children through a narrative based on fear and gave no real sense of hope or empowerment. In contrast the Victorian Government’s campaign focused on just one aspect of climate change that was made both tangible and situated. Doubt and uncertainty are productive tools in the pursuit of knowledge. Whether it is scientific or otherwise, uncertainty will always be the motivation that “feeds the frenzy for new knowledge” (Jasanoff 33). Articulating the importance of Hulme’s book, Sheila Jasanoff indicates we should make doubt our friend, “Without downplaying its seriousness, Hulme demotes climate change from ultimate threat to constant companion, whose murmurs unlock in us the instinct for justice and equality” (Hulme back cover). The “murmurs” that Jasanoff gestures to here, I think, can also be articulated as hope. And it is in this discussion of climate change that doubt and hope sit side-by-side as bedfellows, mutually entangled. Since the “failed” Copenhagen Summit, there has been a distinct shift in climate change discourse from “experts”. We have moved away from doom and gloom discourses and into the realm of what I shall call “situated” hope. “Situated” hope is not based on blind faith alone, but rather hope grounded in evidence, informed judgements and experience. For instance, in distinct contrast to his cautionary tale The Weather Makers: The History & Future Impact of Climate Change, Tim Flannery’s latest book, Here on Earth is a biography of our Earth; a planet that throughout its history has oscillated between Gaian and Medean impulses. However Flannery’s wonder about the natural world and our potential to mitigate the impacts of climate change is not founded on empty rhetoric but rather tempered by evidence; he presents a series of case studies where humanity has managed to come together for a global good. Whether it’s the 1987 Montreal ban on CFCs (chlorinated fluorocarbons) or the lesser-known 2001 Stockholm Convention on POP (Persistent Organic Pollutants), what Flannery envisions is an emerging global civilisation, a giant, intelligent super-organism glued together through social bonds. He says: If that is ever achieved, the greatest transformation in the history of our planet would have occurred, for Earth would then be able to act as if it were as Francis Bacon put it all those centuries ago, ‘one entire, perfect living creature’. (Here on Earth, 279) While science might give us “our most reliable understanding of the natural world” (Oreskes 370), “situated” hope is the only productive and ethical currency we have. ReferencesAustralian Council of Deans of Science. What Did You Do with Your Science Degree? A National Study of Employment Outcomes for Science Degree Holders 1990-2000. Melbourne: Centre for the Study of Higher Education, University of Melbourne, 2001. Australian Government Department of Innovation, Industry, Science and Research, Inspiring Australia – A National Strategy for Engagement with the Sciences. Executive summary. Canberra: DIISR, 2010. 24 May 2010 ‹http://www.innovation.gov.au/SCIENCE/INSPIRINGAUSTRALIA/Documents/InspiringAustraliaSummary.pdf›. “Andrew Bolt with Tim Flannery.” Steve Price. Hosted by Steve Price. Melbourne: Melbourne Talkback Radio, 2010. 9 June 2010 ‹http://www.mtr1377.com.au/index2.php?option=com_newsmanager&task=view&id=6209›. Carson, Rachel. Silent Spring. London: Penguin, 1962 (2000). Carr, Kim. “Celebrating Nobel Laureate Professor Elizabeth Blackburn.” Canberra: DIISR, 2010. 19 Feb. 2010 ‹http://minister.innovation.gov.au/Carr/Pages/CELEBRATINGNOBELLAUREATEPROFESSORELIZABETHBLACKBURN.aspx›. Environmental Law Online. “The Precautionary Principle.” N.d. 19 Jan 2011 ‹http://www.envirolaw.org.au/articles/precautionary_principle›. Flannery, Tim. The Weather Makers: The History & Future Impact of Climate Change. Melbourne: Text Publishing, 2005. ———. Here on Earth: An Argument for Hope. Melbourne: Text Publishing, 2010. Gorman-Murray, Andrew, and Gordon Waitt. “Climate and Culture.” M/C Journal 12.4 (2009). 9 Mar 2011 ‹http://journal.media-culture.org.au/index.php/mcjournal/article/viewArticle/184/0›. Harrison, Karey. “How ‘Inconvenient’ Is Al Gore’s Climate Change Message?” M/C Journal 12.4 (2009). 9 Mar 2011 ‹http://journal.media-culture.org.au/index.php/mcjournal/article/viewArticle/175›. Henderson-Sellers, Ann. “Climate Whispers: Media Communication about Climate Change.” Climatic Change 40 (1998): 421–456. Hulme, Mike. Why We Disagree about Climate Change: Understanding, Controversy, Inaction and Opportunity. Cambridge: Cambridge UP, 2009. Intergovernmental Panel on Climate Change. A Picture of Climate Change: The Current State of Understanding. 2007. 11 Jan 2011 ‹http://www.ipcc.ch/pdf/press-ar4/ipcc-flyer-low.pdf›. Jasanoff, Sheila. “Technologies of Humility.” Nature 450 (2007): 33. Latour, Bruno. “Why Has Critique Run Out of Steam? From Matters of Fact to Matters of Concern.” Critical Inquiry 30.2 (2004). 19 Jan 2011 ‹http://criticalinquiry.uchicago.edu/issues/v30/30n2.Latour.html›. Lemonick, Michael D. “Climate Heretic: Judith Curry Turns on Her Colleagues.” Nature News 1 Nov. 2010. 9 Mar 2011 ‹http://www.nature.com/news/2010/101101/full/news.2010.577.html›. Lyotard, Jean-Francois. The Postmodern Condition: A Report on Knowledge. Minneapolis: U of Minnesota P, 1984. Moser, Susanne, and Lisa Dilling. “Making Climate Hot: Communicating the Urgency and Challenge of Global Climate Change.” Environment 46.10 (2004): 32-46. Moser, Susie. “More Bad News: The Risk of Neglecting Emotional Responses to Climate Change Information.” In Susanne Moser and Lisa Dilling (eds.), Creating a Climate for Change: Communicating Climate Change and Facilitating Social Change. Cambridge: Cambridge UP, 2007. 64-81. Oreskes, Naomi. “Science and Public Policy: What’s Proof Got to Do with It?” Environmental Science and Policy 7 (2004): 369-383. Potter, Emily, and Candice Oster. “Communicating Climate Change: Public Responsiveness and Matters of Concern.” Media International Australia 127 (2008): 116-126. President’s Science Advisory Committee. “Use of Pesticides”. Washington, D.C.: The White House, 1963. United Nations Declaration on Environment and Development. Rio de Janeiro, 1992. 19 Jan 2011 ‹http://www.unep.org/Documents.Multilingual/Default.asp?DocumentID=78&ArticleID=1163›. “Scary Global Warming Propaganda Video Shown at the Copenhagen Climate Meeting – 7 Dec. 2009.” YouTube. 21 Mar. 2011‹http://www.youtube.com/watch?v=jzSuP_TMFtk&feature=related›. Schneider, Stephen. Science as a Contact Sport: Inside the Battle to Save Earth’s Climate. National Geographic Society, 2010. ———. “Stephen Schneider vs. the Sceptics”. YouTube. 21 Mar. 2011 ‹http://www.youtube.com/watch?v=7rj1QcdEqU0›. Schwartz, Steven. “Science in Search of a New Formula.” 2010. 20 May 2010 ‹http://www.vc.mq.edu.au/blog/2010/03/11/science-in-search-of-a-new-formula/›. Tiffen, Rodney. "You Wouldn't Read about It: Climate Scientists Right." Sydney Morning Herald 26 July 2010. 19 Jan 2011 ‹http://www.smh.com.au/environment/climate-change/you-wouldnt-read-about-it-climate-scientists-right-20100727-10t5i.html›. “You Have the Power: Save Energy.” YouTube. 21 Mar. 2011 ‹http://www.youtube.com/watch?v=SCiS5k_uPbQ›.

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Abstract:

A same-but-different dichotomy has recently been encapsulated within the US Food and Drug Administration’s ill-defined concept of “substantial equivalence” (USFDA, FDA). By invoking this concept the genetically modified organism (GMO) industry has escaped the rigors of safety testing that might otherwise apply. The curious concept of “substantial equivalence” grants a presumption of safety to GMO food. This presumption has yet to be earned, and has been used to constrain labelling of both GMO and non-GMO food. It is an idea that well serves corporatism. It enables the claim of difference to secure patent protection, while upholding the contrary claim of sameness to avoid labelling and safety scrutiny. It offers the best of both worlds for corporate food entrepreneurs, and delivers the worst of both worlds to consumers. The term “substantial equivalence” has established its currency within the GMO discourse. As the opportunities for patenting food technologies expand, the GMO recruitment of this concept will likely be a dress rehearsal for the developing debates on the labelling and testing of other techno-foods – including nano-foods and clone-foods. “Substantial Equivalence” “Are the Seven Commandments the same as they used to be, Benjamin?” asks Clover in George Orwell’s “Animal Farm”. By way of response, Benjamin “read out to her what was written on the wall. There was nothing there now except a single Commandment. It ran: ALL ANIMALS ARE EQUAL BUT SOME ANIMALS ARE MORE EQUAL THAN OTHERS”. After this reductionist revelation, further novel and curious events at Manor Farm, “did not seem strange” (Orwell, ch. X). Equality is a concept at the very core of mathematics, but beyond the domain of logic, equality becomes a hotly contested notion – and the domain of food is no exception. A novel food has a regulatory advantage if it can claim to be the same as an established food – a food that has proven its worth over centuries, perhaps even millennia – and thus does not trigger new, perhaps costly and onerous, testing, compliance, and even new and burdensome regulations. On the other hand, such a novel food has an intellectual property (IP) advantage only in terms of its difference. And thus there is an entrenched dissonance for newly technologised foods, between claiming sameness, and claiming difference. The same/different dilemma is erased, so some would have it, by appeal to the curious new dualist doctrine of “substantial equivalence” whereby sameness and difference are claimed simultaneously, thereby creating a win/win for corporatism, and a loss/loss for consumerism. This ground has been pioneered, and to some extent conquered, by the GMO industry. The conquest has ramifications for other cryptic food technologies, that is technologies that are invisible to the consumer and that are not evident to the consumer other than via labelling. Cryptic technologies pertaining to food include GMOs, pesticides, hormone treatments, irradiation and, most recently, manufactured nano-particles introduced into the food production and delivery stream. Genetic modification of plants was reported as early as 1984 by Horsch et al. The case of Diamond v. Chakrabarty resulted in a US Supreme Court decision that upheld the prior decision of the US Court of Customs and Patent Appeal that “the fact that micro-organisms are alive is without legal significance for purposes of the patent law”, and ruled that the “respondent’s micro-organism plainly qualifies as patentable subject matter”. This was a majority decision of nine judges, with four judges dissenting (Burger). It was this Chakrabarty judgement that has seriously opened the Pandora’s box of GMOs because patenting rights makes GMOs an attractive corporate proposition by offering potentially unique monopoly rights over food. The rear guard action against GMOs has most often focussed on health repercussions (Smith, Genetic), food security issues, and also the potential for corporate malfeasance to hide behind a cloak of secrecy citing commercial confidentiality (Smith, Seeds). Others have tilted at the foundational plank on which the economics of the GMO industry sits: “I suggest that the main concern is that we do not want a single molecule of anything we eat to contribute to, or be patented and owned by, a reckless, ruthless chemical organisation” (Grist 22). The GMO industry exhibits bipolar behaviour, invoking the concept of “substantial difference” to claim patent rights by way of “novelty”, and then claiming “substantial equivalence” when dealing with other regulatory authorities including food, drug and pesticide agencies; a case of “having their cake and eating it too” (Engdahl 8). This is a clever slight-of-rhetoric, laying claim to the best of both worlds for corporations, and the worst of both worlds for consumers. Corporations achieve patent protection and no concomitant specific regulatory oversight; while consumers pay the cost of patent monopolization, and are not necessarily apprised, by way of labelling or otherwise, that they are purchasing and eating GMOs, and thereby financing the GMO industry. The lemma of “substantial equivalence” does not bear close scrutiny. It is a fuzzy concept that lacks a tight testable definition. It is exactly this fuzziness that allows lots of wriggle room to keep GMOs out of rigorous testing regimes. Millstone et al. argue that “substantial equivalence is a pseudo-scientific concept because it is a commercial and political judgement masquerading as if it is scientific. It is moreover, inherently anti-scientific because it was created primarily to provide an excuse for not requiring biochemical or toxicological tests. It therefore serves to discourage and inhibit informative scientific research” (526). “Substantial equivalence” grants GMOs the benefit of the doubt regarding safety, and thereby leaves unexamined the ramifications for human consumer health, for farm labourer and food-processor health, for the welfare of farm animals fed a diet of GMO grain, and for the well-being of the ecosystem, both in general and in its particularities. “Substantial equivalence” was introduced into the food discourse by an Organisation for Economic Co-operation and Development (OECD) report: “safety evaluation of foods derived by modern biotechnology: concepts and principles”. It is from this document that the ongoing mantra of assumed safety of GMOs derives: “modern biotechnology … does not inherently lead to foods that are less safe … . Therefore evaluation of foods and food components obtained from organisms developed by the application of the newer techniques does not necessitate a fundamental change in established principles, nor does it require a different standard of safety” (OECD, “Safety” 10). This was at the time, and remains, an act of faith, a pro-corporatist and a post-cautionary approach. The OECD motto reveals where their priorities lean: “for a better world economy” (OECD, “Better”). The term “substantial equivalence” was preceded by the 1992 USFDA concept of “substantial similarity” (Levidow, Murphy and Carr) and was adopted from a prior usage by the US Food and Drug Agency (USFDA) where it was used pertaining to medical devices (Miller). Even GMO proponents accept that “Substantial equivalence is not intended to be a scientific formulation; it is a conceptual tool for food producers and government regulators” (Miller 1043). And there’s the rub – there is no scientific definition of “substantial equivalence”, no scientific test of proof of concept, and nor is there likely to be, since this is a ‘spinmeister’ term. And yet this is the cornerstone on which rests the presumption of safety of GMOs. Absence of evidence is taken to be evidence of absence. History suggests that this is a fraught presumption. By way of contrast, the patenting of GMOs depends on the antithesis of assumed ‘sameness’. Patenting rests on proven, scrutinised, challengeable and robust tests of difference and novelty. Lightfoot et al. report that transgenic plants exhibit “unexpected changes [that] challenge the usual assumptions of GMO equivalence and suggest genomic, proteomic and metanomic characterization of transgenics is advisable” (1). GMO Milk and Contested Labelling Pesticide company Monsanto markets the genetically engineered hormone rBST (recombinant Bovine Somatotropin; also known as: rbST; rBGH, recombinant Bovine Growth Hormone; and the brand name Prosilac) to dairy farmers who inject it into their cows to increase milk production. This product is not approved for use in many jurisdictions, including Europe, Australia, New Zealand, Canada and Japan. Even Monsanto accepts that rBST leads to mastitis (inflammation and pus in the udder) and other “cow health problems”, however, it maintains that “these problems did not occur at rates that would prohibit the use of Prosilac” (Monsanto). A European Union study identified an extensive list of health concerns of rBST use (European Commission). The US Dairy Export Council however entertain no doubt. In their background document they ask “is milk from cows treated with rBST safe?” and answer “Absolutely” (USDEC). Meanwhile, Monsanto’s website raises and answers the question: “Is the milk from cows treated with rbST any different from milk from untreated cows? No” (Monsanto). Injecting cows with genetically modified hormones to boost their milk production remains a contested practice, banned in many countries. It is the claimed equivalence that has kept consumers of US dairy products in the dark, shielded rBST dairy farmers from having to declare that their milk production is GMO-enhanced, and has inhibited non-GMO producers from declaring their milk as non-GMO, non rBST, or not hormone enhanced. This is a battle that has simmered, and sometimes raged, for a decade in the US. Finally there is a modest victory for consumers: the Pennsylvania Department of Agriculture (PDA) requires all labels used on milk products to be approved in advance by the department. The standard issued in October 2007 (PDA, “Standards”) signalled to producers that any milk labels claiming rBST-free status would be rejected. This advice was rescinded in January 2008 with new, specific, department-approved textual constructions allowed, and ensuring that any “no rBST” style claim was paired with a PDA-prescribed disclaimer (PDA, “Revised Standards”). However, parsimonious labelling is prohibited: No labeling may contain references such as ‘No Hormones’, ‘Hormone Free’, ‘Free of Hormones’, ‘No BST’, ‘Free of BST’, ‘BST Free’,’No added BST’, or any statement which indicates, implies or could be construed to mean that no natural bovine somatotropin (BST) or synthetic bovine somatotropin (rBST) are contained in or added to the product. (PDA, “Revised Standards” 3) Difference claims are prohibited: In no instance shall any label state or imply that milk from cows not treated with recombinant bovine somatotropin (rBST, rbST, RBST or rbst) differs in composition from milk or products made with milk from treated cows, or that rBST is not contained in or added to the product. If a product is represented as, or intended to be represented to consumers as, containing or produced from milk from cows not treated with rBST any labeling information must convey only a difference in farming practices or dairy herd management methods. (PDA, “Revised Standards” 3) The PDA-approved labelling text for non-GMO dairy farmers is specified as follows: ‘From cows not treated with rBST. No significant difference has been shown between milk derived from rBST-treated and non-rBST-treated cows’ or a substantial equivalent. Hereinafter, the first sentence shall be referred to as the ‘Claim’, and the second sentence shall be referred to as the ‘Disclaimer’. (PDA, “Revised Standards” 4) It is onto the non-GMO dairy farmer alone, that the costs of compliance fall. These costs include label preparation and approval, proving non-usage of GMOs, and of creating and maintaining an audit trail. In nearby Ohio a similar consumer versus corporatist pantomime is playing out. This time with the Ohio Department of Agriculture (ODA) calling the shots, and again serving the GMO industry. The ODA prescribed text allowed to non-GMO dairy farmers is “from cows not supplemented with rbST” and this is to be conjoined with the mandatory disclaimer “no significant difference has been shown between milk derived from rbST-supplemented and non-rbST supplemented cows” (Curet). These are “emergency rules”: they apply for 90 days, and are proposed as permanent. Once again, the onus is on the non-GMO dairy farmers to document and prove their claims. GMO dairy farmers face no such governmental requirements, including no disclosure requirement, and thus an asymmetric regulatory impost is placed on the non-GMO farmer which opens up new opportunities for administrative demands and technocratic harassment. Levidow et al. argue, somewhat Eurocentrically, that from its 1990s adoption “as the basis for a harmonized science-based approach to risk assessment” (26) the concept of “substantial equivalence” has “been recast in at least three ways” (58). It is true that the GMO debate has evolved differently in the US and Europe, and with other jurisdictions usually adopting intermediate positions, yet the concept persists. Levidow et al. nominate their three recastings as: firstly an “implicit redefinition” by the appending of “extra phrases in official documents”; secondly, “it has been reinterpreted, as risk assessment processes have … required more evidence of safety than before, especially in Europe”; and thirdly, “it has been demoted in the European Union regulatory procedures so that it can no longer be used to justify the claim that a risk assessment is unnecessary” (58). Romeis et al. have proposed a decision tree approach to GMO risks based on cascading tiers of risk assessment. However what remains is that the defects of the concept of “substantial equivalence” persist. Schauzu identified that: such decisions are a matter of “opinion”; that there is “no clear definition of the term ‘substantial’”; that because genetic modification “is aimed at introducing new traits into organisms, the result will always be a different combination of genes and proteins”; and that “there is no general checklist that could be followed by those who are responsible for allowing a product to be placed on the market” (2). Benchmark for Further Food Novelties? The discourse, contestation, and debate about “substantial equivalence” have largely focussed on the introduction of GMOs into food production processes. GM can best be regarded as the test case, and proof of concept, for establishing “substantial equivalence” as a benchmark for evaluating new and forthcoming food technologies. This is of concern, because the concept of “substantial equivalence” is scientific hokum, and yet its persistence, even entrenchment, within regulatory agencies may be a harbinger of forthcoming same-but-different debates for nanotechnology and other future bioengineering. The appeal of “substantial equivalence” has been a brake on the creation of GMO-specific regulations and on rigorous GMO testing. The food nanotechnology industry can be expected to look to the precedent of the GMO debate to head off specific nano-regulations and nano-testing. As cloning becomes economically viable, then this may be another wave of food innovation that muddies the regulatory waters with the confused – and ultimately self-contradictory – concept of “substantial equivalence”. Nanotechnology engineers particles in the size range 1 to 100 nanometres – a nanometre is one billionth of a metre. This is interesting for manufacturers because at this size chemicals behave differently, or as the Australian Office of Nanotechnology expresses it, “new functionalities are obtained” (AON). Globally, government expenditure on nanotechnology research reached US$4.6 billion in 2006 (Roco 3.12). While there are now many patents (ETC Group; Roco), regulation specific to nanoparticles is lacking (Bowman and Hodge; Miller and Senjen). The USFDA advises that nano-manufacturers “must show a reasonable assurance of safety … or substantial equivalence” (FDA). A recent inventory of nano-products already on the market identified 580 products. Of these 11.4% were categorised as “Food and Beverage” (WWICS). This is at a time when public confidence in regulatory bodies is declining (HRA). In an Australian consumer survey on nanotechnology, 65% of respondents indicated they were concerned about “unknown and long term side effects”, and 71% agreed that it is important “to know if products are made with nanotechnology” (MARS 22). Cloned animals are currently more expensive to produce than traditional animal progeny. In the course of 678 pages, the USFDA Animal Cloning: A Draft Risk Assessment has not a single mention of “substantial equivalence”. However the Federation of Animal Science Societies (FASS) in its single page “Statement in Support of USFDA’s Risk Assessment Conclusion That Food from Cloned Animals Is Safe for Human Consumption” states that “FASS endorses the use of this comparative evaluation process as the foundation of establishing substantial equivalence of any food being evaluated. It must be emphasized that it is the food product itself that should be the focus of the evaluation rather than the technology used to generate cloned animals” (FASS 1). Contrary to the FASS derogation of the importance of process in food production, for consumers both the process and provenance of production is an important and integral aspect of a food product’s value and identity. Some consumers will legitimately insist that their Kalamata olives are from Greece, or their balsamic vinegar is from Modena. It was the British public’s growing awareness that their sugar was being produced by slave labour that enabled the boycotting of the product, and ultimately the outlawing of slavery (Hochschild). When consumers boycott Nestle, because of past or present marketing practices, or boycott produce of USA because of, for example, US foreign policy or animal welfare concerns, they are distinguishing the food based on the narrative of the food, the production process and/or production context which are a part of the identity of the food. Consumers attribute value to food based on production process and provenance information (Paull). Products produced by slave labour, by child labour, by political prisoners, by means of torture, theft, immoral, unethical or unsustainable practices are different from their alternatives. The process of production is a part of the identity of a product and consumers are increasingly interested in food narrative. It requires vigilance to ensure that these narratives are delivered with the product to the consumer, and are neither lost nor suppressed. Throughout the GM debate, the organic sector has successfully skirted the “substantial equivalence” debate by excluding GMOs from the certified organic food production process. This GMO-exclusion from the organic food stream is the one reprieve available to consumers worldwide who are keen to avoid GMOs in their diet. The organic industry carries the expectation of providing food produced without artificial pesticides and fertilizers, and by extension, without GMOs. Most recently, the Soil Association, the leading organic certifier in the UK, claims to be the first organisation in the world to exclude manufactured nonoparticles from their products (Soil Association). There has been the call that engineered nanoparticles be excluded from organic standards worldwide, given that there is no mandatory safety testing and no compulsory labelling in place (Paull and Lyons). The twisted rhetoric of oxymorons does not make the ideal foundation for policy. Setting food policy on the shifting sands of “substantial equivalence” seems foolhardy when we consider the potentially profound ramifications of globally mass marketing a dysfunctional food. If there is a 2×2 matrix of terms – “substantial equivalence”, substantial difference, insubstantial equivalence, insubstantial difference – while only one corner of this matrix is engaged for food policy, and while the elements remain matters of opinion rather than being testable by science, or by some other regime, then the public is the dupe, and potentially the victim. “Substantial equivalence” has served the GMO corporates well and the public poorly, and this asymmetry is slated to escalate if nano-food and clone-food are also folded into the “substantial equivalence” paradigm. Only in Orwellian Newspeak is war peace, or is same different. It is time to jettison the pseudo-scientific doctrine of “substantial equivalence”, as a convenient oxymoron, and embrace full disclosure of provenance, process and difference, so that consumers are not collateral in a continuing asymmetric knowledge war. References Australian Office of Nanotechnology (AON). 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