Journal articles: 'National Typographical Union (U.S.)' – Grafiati (2024)

Abstract:

Many critics of Donald Trump argue that Donald Trump’s Grand Strategy is an absence of Grand Strategy or that his foreign and security policy is driven by impulses and tactical approach. However, such policy leaves us with practical consequences which mean that we have to follow this sort of a Donald Trump approach to foreign affairs and politics in general. The best guide in that sense would be the 2017 U. S. National Security Strategy idea of principled realism which is the most important written strategic statement of the Trump administration up to this date. If Trump’s approach “is guided by outcomes not ideology” and if “prosperity depend on strong, sovereign nations that respect their citizens at home and cooperate to advance peace abroad”, then the U. S. policy to Western Balkans has to be considered in that context. The Prespa agreement between Greece and North Macedonia is one form of that approach put in practice. Having in mind Belgrade–Pristina negotiations and Bosnia and Herzegovina’s future as well, the main thesis of this paper is that we may expect some kind of unusual approach from the United States to this region, different from the framework that was set up in the 1990s. That will have consequences both for the region and for the outside great powers, especially the European Union.

Abstract:

By the end of the Second World War, about 200 thousand Belarusians ended up as refugees in Western Europe. A significant part of them were repatriated to the Soviet Union, more than one thousand moved to the USA, another fifteen hundred — to other non-European countries. In 1951, the number of Belarusians remaining in Europe was sixty thousand people. Belarusian emigration, as well as the emigration from other Soviet Republics, immediately came to the attention of the US Central Intelligence Agency within the framework of a document developed in 1948 by the State Department entitled “Utilization of Refugees from the Soviet Union in U. S. National Interests”, which was supposed to “fill in the niches in our current intelligence, in public information, and in our politico-psychological operations”. The Central Intelligence Agency was supposed to develop and quite generously finance the intelligence and propaganda projects and programs important for the agency. The leadership of the Rada of the Belarusian People’s Republic (in exile) headed by its chairman Nikolai Abramchik was to be responsible for staffing the necessary number of agents from among the emigrant Belarusian youth to infiltrate into Belarus and for distributing information among the national European emigration. However, this did not cause any expected “resistance movement” within the Byelorussian Soviet Socialist Republic contrary to the intended actions of the Central Intelligence Agency and the Rada. By the end of 1961, the projects of the Central Intelligence Agency in Belarus conducted since 1951, including the most famous AEQUOR, which involved infiltrating agents into the territory of the republic, were closed.

Abstract:

The authors discuss the sci-tech libraries in historical aspect; these libraries make the key element of the national system of sci-tech information and information services and support national science and technology. They follow the dynamics of building the network of research institutions and special sci-tech libraries that replaced technical, factory and company libraries. The role of the USSR State Public Library for Science and Technology (USSR SPLS&T) is highlighted: during the Soviet era it was the country’s head sci-tech library, the main methodological center for technological libraries, interdepartmental coordinator of user services, collection development, interlibrary loan, and translation of scitech literature. The authors emphasize the importance of the national regulation of sci-tech library and information services, and their development through building the state system of sci-tech information. The authors also examine the goals of t he S PLS&T U SSR a s a research institution in the area of library and bibliographic studies; SPLS&T supported the unity of efforts within the system. The authors analyze the implementation of the national sci-tech program; within the framework of the program, the RNPLS&T acts as the head agency of the Automated System of the Russian Union Catalog in science and technology and provides for interaction of sci-tech library network and sci-tech information institutions in using the databases by associated members. The authors substantiate the need for the new national system of sci-tech information based on the laws and regulations adopted in the recent decades. They analyze the results of 2023 All-Russian monitoring of sci-tech libraries and sci-tech information centers; evaluate the capacities of sci-tech libraries for supporting corporate projects, scitech professionals and researchers.

Abstract:

A review of preclinical assessment reports on immuno-modulatory biopharmaceuticals submitted to the Eur-opean Agency for Evaluation of Medicinal Products from 1995 to the middle of 1999 was conducted. Questions regarding the rationale for the preclinical development programmes were often put to the applicants. Effects mediated via changes of the immune function, including risks of reproductive toxicity and tumorigenicity, were of Background: European Union regulatory review process In 1995, the “New System” for authorisation of medicinal products in the European Union (EU) was introduced. At the same time, the European Agency for Evaluation of Medicinal Products (EMEA) was created. The EMEA is the permanent secretariat for the Committee for Proprietary Medicinal Products (CPMP), which is a scientific committee responsible for human medicinal products. Since 1995, it has been possible to submit a single EU marketing authorisation application (MAA) to the EMEA, which is reviewed following a predefined procedure with set time frames. The CPMP has two representatives from each member state and for each MAA, a rapporteur and a co-rapporteur are assigned from this represen-tation. The primary evaluation is performed by assessor teams, consisting of European experts from the national agencies and academia, who are engaged by the rapporteurs. These evaluations are subse-quently commented on by experts from the other member states. Within 120 days of active review time, the CPMP agrees on a “List of Questions,” which is sent to the applicant. The applicant's responses to the “List of Questions” are assessed by both rapporteur teams, and their joint *Correspondence: Dr U Liminga, Medical Products Agency, Box 26, S-751 03, Uppsala, Sweden particular concern. This review indicates the need to further develop methods for safety testing of immunomo-dulatory biopharmaceuticals.

Abstract:

ABSTRACT Islamic banking in Indonesia and Malaysia experienced differences in asset growth and market share, potentially causing dissimilarity in profitability performance. This study aims to evaluate the factors that influence the increase in profitability of Islamic banking in Indonesia and Malaysia using signaling theory including market concentration (HHI), company size and financing risk (NPF), and national income (GDP) as control variables. It analyzed the Indonesian and Malaysian Islamic banks during the period 2017-2021. The method used in this study is comparative descriptive with panel data regression analysis measuring instruments. Based on the results of empirical analysis, factors that affect the profitability of Islamic banking in Indonesia are financing risk, while in Malaysia, it is financing risk and national income. The results of this study update the view on the profitability of Islamic banking in Indonesia and Malaysia. In addition, from the managerial side, this study contributes to creating NPF control in Indonesian Islamic banking because these factors can increase the profitability of the country's Islamic banking. The study also contributes to the development of market concentration strategies, company size, and financing risks in Malaysian Islamic banking as all these factors can increase the profitability of the country's Islamic banking. Keywords: Islamic Banking, Profitability, Market Concentration, Company Size, Financing Risk ABSTRAK Perbankan syariah Indonesia dan Malaysia mengalami perbedaan dalam pertumbuhan aset dan market share sehingga berpotensi menimbulkan perbedaan kinerja profitabilitas. Studi ini bertujuan untuk mengevaluasi faktor yang mempengaruhi peningkatan profitabilitas perbankan syariah di Indonesia dan Malaysia dengan menggunakan signaling theory diantaranya konsentrasi pasar (HHI), ukuran perusahaan dan risiko pembiayaan (NPF) serta pendapatan nasional (GDP) sebagai variabel kontrol. Studi ini menganalisis bank syariah di Indonesia dan Malaysia selama periode 2017-2021. Metode yang digunakan oleh studi ini adalah komparatif deskriptif dengan alat ukur analisis regresi data panel. Berdasarkan hasil analisis empiris, faktor yang mempengaruhi profitabilitas perbankan syariah Indonesia adalah risiko pembiayaan sedangkan di Malaysia adalah risiko pembiayaan serta pendapatan nasional. Hasil penelitian ini memperbaharui pandangan tentang profitabilitas perbankan syariah Indonesia dan Malaysia. Selain itu dari sisi manajerial, studi ini berkontribusi dalam menciptakan pengendalian NPF pada perbankan syariah Indonesia karena faktor tersebut mampu meningkatkan profitabilitas perbankan syariah negara tersebut. Selain itu studi ini juga berkontribusi dalam pengembangan strategi konsentrasi pasar, ukuran perusahaan dan risiko pembiayaan pada perbankan syariah Malaysia karena semua faktor tersebut mampu meningkatkan profitabilitas perbankan syariah negara tersebut. Kata Kunci: Bank Syariah, Profitabilitas, Konsentrasi Pasar, Ukuran Perusahaan, Risiko Pembiayaan REFERENCE Abbas, A., & Arizah, A. (2019). Marketability, profitability, and profit-loss sharing: evidence from sharia banking in Indonesia. Asian Journal of Accounting Research, 4(2), 315–326. doi:10.1108/AJAR-08-2019-0065 Adelopo, I., Lloydking, R., & Tauringana, V. (2018). Determinants of bank profitability before, during, and after the financial crisis. 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Abstract:

Background: Having lived for several centuries in areas with a polyethnic population, Croatian Rusyns and Ukrainians have repeatedly found themselves on the path of interethnic confrontation between Serbs and Croats. The events of the Serbo-Croatian War (1991–1995) were one of the peak moments of such confrontations in the Yugoslav state. The Serbo-Croatian War is the most favorite topic of Croatian historiography of the entire period of independence. However, the question about the state of the Croatian national minorities during the war was covered only by few researchers. Local researchers actually don't raise the issue of collaborationism in the 1990s. Purpose: to assess the extent of collaboration of Rusyns and Ukrainians with self proclaimed Serbian Krajina, to find out the nature, motives and causes of this phenomenon. Results: The Serbo-Croatian War of 1991–1995 was caused by the disintegration of the SFRY, Croatia's desire to secede from the Federation, and the presence of a large Serb minority on its territory that did not share that desire. Because of military campaigns at the end of 1991, Croatian Serbs completely sepa-rated from Croatia, taking a quarter of its territory under control, and proclaimed the formation of the Republic of Serbian Krajina. It occupied the territory where a large part of the non-Serb population lived. In particular, most of the descendants of immigrants from Ukrainian lands were in a city Vukovar, villages Petrovci and Mikluševci (Eastern Slavonia). The non-Serb population of Serbian Krajina (including Rusyns and Ukrainians) found itself on the path of a “Serbisation” policy of the occupied territories. So an occu-pation regime was established for Rusyns and Ukrainians of this region. Destruction, looting, rape, beatings, damage to the Greek Catholic Churches, “ethnic cleansing”, bru-tal killings of particular families – this is the list of actions of the new government. Territorial Defense headquarters were organized in each settlement occupied by the YPA and insurgent Serbs, which included individual Rusyns and Ukrainians who sympathized with official Belgrade. Due to active collaboration with Serbs, some Rusyns from Mikluševci lived well under Serbian authority. They opened shops, hotels, businesses. Individual Rusyns from Mikluševci, at the behest of local Serbs, tortured fellow villagers and helped to deport them. According to the expelled locals, the hardest thing for them was not to ac-cept the Serbian occupation itself, but the betrayal of their compatriots. There was also a forced collaborationism. Due to the compact location of Ukraini-ans in the border areas between Serbia and Croatia, during the war a large number of Ukrainian men were mobilized to the YPA or the Croatian forces, depending on the place of residence. In 1995, Croatia regained considerable territory during its armed operations. The return of Eastern Slavonia, where most Rusyns and Ukrainians lived, was to be done gradually and under the control of the UN Transitional Administration. During the process of reintegration a complex process of return of refugees and exiles, psychological normalization of social relations, and adaptation of people to new circ*mstances, has continued. After the reintegration of the Danube region, Croatia has failed to establish an effective mechanism for punishing war criminals. The so-called “Mikluševci’s process” gained considerable resonance. The case was directed against those who deported 98 and killed four people from Mikluševci in the spring of 1992 (all the victims were Rusyns). The investigation was constantly delayed, and the number of defendants decreased due to the deaths of suspects or lack of evidence. At the announcement of the sentence, only three ethnic Rusyns were present (other convicted had fled to Serbia and were inaccessible to the Croatian judiciary). So it turned out that only Rusyns were actually convicted for the war crime of genocide against the Rusyns. Thus, during the Croatian-Serbian war, the policy of the so-called Serbian Krajina, aimed at implementing the “Greater Serbia” plan, left Ukrainians no choice as to whom to support. However, even under such conditions, there were cases of collaboration between the Rusyn-Ukrainian diaspora and the Serbian occupation administration. If we omit forced collaborationism (mobilization into the ranks of the Serbian armed forces), then voluntary cooperation had various reasons: the desire to regain power lost as a result of the 1991 elections; nostalgia for socialist Yugoslavia and stability; as a means of resolving domestic conflicts and settling accounts with neighbors. Voluntary collaborationism among the inhabitants of Mikluševci and Petrovtsi did not become widespread. It was much less common among Ukrainians than among Rusyns – but this can also be explained by the much larger number of the Rusyns in the region. After the reintegration of the Danube, Croatia did not prosecute anyone for collaborationism, but mostly Ruthenians were convicted for “genocide” and “crimes against humanity”. However, this rather indicates the imperfection of the Croatian judiciary. Key words: Croatia, Rusyns, Ukrainians, Serbs, collaborationism, terror, Serbo-Croatian war. Biki, Đ., 2001. Rusyns of Mikluševci in the Homeland War of 1991. Mikluševci. (In Croatian) Burda, S., 1998. From the work of the Crisis Staff of the Union 1991–1993 (2). New opinion, 106, pp.43–45. (In Croatian) Bičanić, J., 1998. News about the return of expelled citizens of Petrovci. New opinion, 104, p.20. (In Ruthenian) Crime in Mikluševtsi, 2016. Documents. Center for Combating the Past. [online] Avialable at: https://www.documenta.hr/hr/zločin-u-mikluševcima.html [Accessed 15 july 2021] (in Croatian) Furminc, J., 1990. At the co-working of coexistence. New opinion, 88, p.2. (In Croa-tian) Jolić, S., 1993. “I have to find my sons grave”. New opinion, 98/99, p.13. (In Rutheni-an) Jurista, M., 1991. We have yours on guard. New opinion, 90/91, p.10. (In Croatian) Kiš, M., 1997. UNTAES Mandate and Reintegration. New opinion, 101/102, pp.7–8. (In Ruthenian) Kostelnik, V. and Takać, G., 2008. 40 years of the Union of Ruthenians and Ukraini-ans of the Republic of Croatia. Vukovar. (In Ruthenian) Lipovlyanians on the front line, 1992. New opinion, 92/93, pp.18–19. (In Ukrainian) Liskyi, B., 2002. Anton Ivakhniuk is a great Ukrainian–Croatian patriot. In: S., Burda and B., Gralyuk, eds. Ukrainians of Croatia: materials and documents. Zagreb, pp.62–73. (In Ukrainian) Malynovs’ka, O., 2002. Ukrainian diaspora in the South Slavic lands. In: S., Burda and B., Gralyuk, eds. Ukrainians of Croatia: materials and documents. Zagreb, pp.6–20. (In Ukrainian) Marijan, D., 2000. Yugoslav People's Army in the aggression against the Republic of Croatia 1990–1992 years. Journal of Contemporary History, No. 2, pp.289–321. (In Croa-tian) Pap, N., 2015. The suffering of the Ruthenians in the 1991/92 Homeland War. Vuko-var. (In Croatian) Perić Kaselj, M., Škiljan, F. and Vukić, A., 2015. Event and ethnic situation: changes in the identity of national minority communities in the Republic of Croatia. Studia ethnologica Croatica, 27 (1), s.7–36. Avialable at: https: //dx.doi.org10.17721/2524-048X.2018.11.8-27 [Accessed 1 august 2021] (In Croatian) Radoš, I. and Šangut, Z., 2013. We defended the homeland: members of national minorities in the defense of Croatia. Zagreb: Udruga pravnika “Vukovar 1991”. (In Croa-tian) Simunovič, J., 1995. Rusyns and Ukrainians in the Republic of Croatia – immigration and the situation before 1991]. In: S. Burda, ed. Rusyns and Ukrainians in the Republic of Croatia (1991–1995). Zagreb, pp.25–29. (In Croatian) Szekely, A. B., 1996. Hungarian Minority in Croatia and Slovenia. Nationalities Pa-pers, 24 (3), pp.483–489. Takać, G., 1991. Miklushevtsi's military chronology (1). New opinion, 92/93, p.11. (In Ruthenian) Takać, G., 1992a. Miklushevtsi's military chronology (2). New opinion, 92/93, pp.20–23. (In Ruthenian) Takać, G., 1992b. Miklushevtsi's military chronology (3). New opinion, 92/93, pp.9–12. (In Ruthenian) Takać, G., 1992c. Miklushevtsi's military chronology (4). New opinion, 92/93, pp.5–9. (In Ruthenian) Takać, G., 1992d. Petrovtsi fell among the last (1). New opinion, 92/93, pp.24–27. (In Ruthenian) Takać, G., 1992e. Petrovtsi fell among the last (2). New opinion, 92/93, pp.13–18. (In Ruthenian) Takać, G., 1992f. Petrovtsi fell among the last (3). New opinion, 92/93, pp.10–13. (In Ruthenian) Tatalović, S., 1997. Minority Peoples and Minorities. Zagreb. (In Croatian) Varga, B., 2016. Tragedy of Ukrainians and Ruthenians from Vukovar. [online] Avialable at: http://balkans.aljazeera.net/vijesti/tragedija-ukrajinaca-i-rusina-iz-vukovara [Accessed 10 may 2021] (in Croatian) Wertheimer-Baletić, A., 1993. One and a half centuries in the numerical development of the population of Vukovar and the Vukovar region. Social research, 4–5 / God. 2, Br. 2–3, pp.455–478. (In Croatian) Zivić, D., 2006. Demographic framework and losses during the Homeland War and postwar period. In: Z., Radelić, ed. The creation of the Croatian state and the Homeland War, pp.420–483. (In Croatian)

Abstract:

Since ancient times India has been a multilingual society and languages in India have thrived though at times many races and religions came into conflict. The states in modern India were reorganised on linguistic basis in 1956 yet in contrast to the European notion of one language one nation, majority of the states have more than one official language. The Linguistic Survey of India (LSI) conducted by Grierson between 1866 and 1927 identified 179 languages and 544 dialects. The first post-independence Indian census after (1951) listed 845 languages including dialects. The 1991 Census identified 216 mother tongues were identified while in 2001 their number was 234. The three-language formula devised to maintain the multilingual character of the nation and paying due attention to the importance of mother tongue is widely accepted in the country in imparting the education at primary and secondary levels. However, higher education system in India impedes multilingualism. According the Constitution it is imperative on the “Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India … by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages.” However, the books translated into Hindi mainly from English have found favour with neither the students nor the teachers. On the other hand the predominance of English in various competitive examinations has caused social discontent leading to mass protests and cases have been filed in the High Courts and the Supreme Court against linguistic imperialism of English and Hindi. The governments may channelize the languages but in a democratic set up it is ultimately the will of the people that prevails. Some languages are bound to suffer a heavy casualty both in the short and long runs in the process. References Basil, Bernstein. (1971). Class, Codes and Control: Theoretical Studies Towards a Sociology of Language. London: Routledge & Kegan Paul. Bialystok, E. (2001). Bilingualism in Development: Language, Literacy, and Cognition. Cambridge: Cambridge UP. Chambers, J. K. (2009). Sociolinguistic Theory: Linguistic Variation and Its Social Significance. Malden: Wiley Blackwell. Constitution of India [The]. (2007). Retrieved from: http://lawmin.nic.in/ coi/coiason29july08.pdf. Cummins, J. (2000). Language, Power and Pedagogy. Clevedon: Multilingual Matters. Dictionary of Quotations in Communications. (1997). L. McPherson Shilling and L. K. Fuller (eds.), Westport: Greenwood. Fishman, J. A. (1972). The Sociology of Language. An Interdisciplinary Social Science Approach to Language in Society. Rowley, MA: Newbury House. Gandhi, M. K. (1917). Hindi: The National Language for India. In: Speeches and Writings of Mahatma Gandhi, (pp.395–99). Retrieved from http://www.mkgandhi.org/ towrds_edu/chap15.htm. Gandhi, M. K. Medium of Instruction. Retrieved from http://www.mkgandhi.org/towrds_edu/chap14.htm. Giglioli, P. P. (1972). Language and Social Context: Selected Readings. Middlesex: Penguin Books. Gumperz, J. J., Dell H. H. (1972). Directions in Sociolinguistics: The Ethnography of Communication. New York: Holt, Rinehart and Winston. Haugen, E. (1966). Language Conflict and Language Planning: The Case of Modern Norwegian, Cambridge, MA: Harvard University Press. Hymes, D. (1974). Foundations in Sociolinguistics: An Ethnographic Approach. Philadelphia: University of Pennsylvania Press. Hymns of the Atharva-Veda. Tr. Maurice Bloomfield. In: Sacred Books of the East, 42, 1897. Retrieved from: http://www.archive.org/stream/ SacredBooksEastVariousOrientalScholarsWithIndex.50VolsMaxMuller/42.SacredBooks East.VarOrSch.v42.Muller.Hindu.Bloomfield.HymnsAtharvaVed.ExRitBkCom.Oxf.189 7.#page/n19/mode/2up. Jernudd, B. H. (1982). Language Planning as a Focus for Language Correction. Language Planning Newsletter, 8(4) November, 1–3. Retrieved from http://languagemanagement.ff.cuni.cz/en/system/files/documents/Je rnudd_LP%20as%20 LC.pdf. Kamat, V. The Languages of India. Retrieved from http://www.kamat.com/indica/diversity/languages.htm. King, K., & Mackey, A. (2007). The Bilingual Edge: Why, When, and How to Teach Your Child a Second Language. New York: Collins. Kosonen, K. (2005). Education in Local Languages: Policy and Practice in Southeast Asia. First Languages First: Community-based Literacy Programmes for Minority Language Contexts in Asia. Bangkok: UNESCO Bangkok. Lewis, E. G. (1972). Multilingualism in the Soviet Union: Aspects of Language Policy and Its Implementation. Mouton: The Hague. Linguistic Survey of India. George Abraham Grierson (Comp. and ed.). Calcutta: Office of the Superintendent of Government Printing, India, 1903–1928. PDF. Retrieved from http://dsal.uchicago.edu/books/lsi/. Macaulay, T. B. (1835). Minute dated the 2nd February 1835. Web. Retrieved from http://www.columbia.edu/itc/mealac/pritchett/00generallinks/macaulay/txt_minute_ed uca tion_1835.html. Mansor, S. (2005). Language Planning in Higher Education. New York: Oxford University Press. Mishra, Dr Jayakanta & others, PIL Case no. CWJC 7505/1998. Patna High Court. Peñalosa, F. (1981). Introduction to the Sociology of Language. New York: Newbury House Publishers. Sapir, E. in “Mutilingualism & National Development: The Nigerian Situation”, R O Farinde, In Nigerian Languages, Literatures, Culture and Reforms, Ndimele, Ozo-mekuri (Ed.), Port Harcourt: M & J Grand Orbit Communications, 2007. Simons, G., Fennig, C. (2017). Ethnologue: Languages of the World, Twentieth edition. Dallas, Texas: SIL International. Retrieved from http://www.ethnologue.com/country/IN. Stegen, O. Why Teaching the Mother Tongue is Important? Retrieved from https://www.academia.edu/2406265/Why_teaching_the_mother_tongue_is_important. “The Tower of Babel”. Genesis 11:1–9. The Bible. Retrieved from https://www.biblegateway.com/passage/?search=Genesis+11:1–9. Trudgill, Peter (2000). Sociolinguistics: An Introduction to Language and Society. London: Penguin. UNESCO (1953). The Use of the Vernacular Languages in Education. Monographs on Foundations of Education, No. 8. Paris: UNESCO. U P Hindi Sahitya Sammelan vs. the State of UP and others. Supreme Court of India 2014STPL(web)569SC. Retrieved from: http://judis.nic.in/ supremecourt/ imgs1.aspx?filename=41872. Whorf, B. L. (1940). Science and linguistics. Technology Review, 42(6), 229–31, 247–8. Sources http://www.censusindia.gov.in/2011-documents/lsi/ling_survey_india.htm http://www.ciil-lisindia.net/ http://www.ethnologue.com/country/IN http://peopleslinguisticsurvey.org/ http://www.rajbhasha.nic.in/en/official-language-rules-1976 http://www.ugc.ac.in/journallist/ http://www.unesco.org/new/en/international-mother-language-day

Abstract:

Constant demand for new naval and commercial vessels has created special conditions for the Government-owned Soviet shipbuilding industry, which practically has not been affected by the world shipbuilding crisis. On the other hand, such chronic diseases of the centralized economy as lack of incentive, material shortage and poor workmanship cause specific problems for ship construction. Being technically and financially unable to rapidly improve the overall technology level and performance of the entire industry, the Soviets concentrate their efforts on certain important areas and have achieved significant results, especially in welding and cutting titanium and aluminum alloys, modular production methods, standardization, etc. All productivity improvement efforts are supported by an army of highly educated engineers and scientists at shipyards, in multiple scientific, research and design institutions. Discussion Edwin J. Petersen, Todd Pacific Shipyards Three years ago I addressed the Ship Production Symposium as chairman of the Ship Production Committee and outlined some major factors which had contributed to the U.S. shipbuilding industry's remarkable achievements in building and maintaining the world's largest naval and merchant fleets during the five-year period starting just before World War II. The factors were as follows:There was a national commitment to get the job done. The shipbuilding industry was recognized as a needed national resource. There was a dependable workload. Standardization was extensively and effectively utilized. Shipbuilding work was effectively organized. Although these lessons appear to have been lost by our Government since World War II, the paper indicates that the Soviet Union has picked up these principles and has applied them very well to its current shipbuilding program. The paper also gives testimony to the observation that the Soviet Government recognizes the strategic and economic importance of a strong merchant fleet as well as a powerful naval fleet. In reviewing the paper, I found great similarity between the Soviet shipbuilding productivity improvement efforts and our own efforts or goals under the National Shipbuilding Research Program in the following areas:welding technology, flexible automation (robotics), application of group technology, standardization, facilities development, and education and training. In some areas, the Soviet Union appears to be well ahead of the United States in improving the shipbuilding process. Most noteworthy among these is the stable long-and medium-range planning that is possible by virtue of the use and adherence to the "Table of Vessel Classes." It will be obvious to most who hear and read these comments what a vast and significant improvement in shipbuilding costs and schedules could be achieved with a relatively dependable 15year master ship procurement plan for the U.S. naval and merchant fleets. Another area where the Soviet Union appears to lead the United States is in the integration of ship component suppliers into the shipbuilding process. This has been recognized as a vital step by the National Shipbuilding Research Program, but so far we have not made significant progress. A necessary prerequisite for this "supplier integration" is extensive standardization of ship components, yet another area in which the Soviets have achieved significantly greater progress than we have. Additional areas of Soviet advantage are the presence of a multilevel research and development infrastructure well supported by highly educated scientists, engineering and technical personnel; and better integration of formally educated engineering and technical personnel into the ship production process. In his conclusion, the author lists a number of problems facing the Soviet economy that adversely affect shipbuilding productivity. Perhaps behind this listing we can delve out some potential U.S. shipbuilding advantages. First, production systems in U.S. shipyards (with the possible exception of naval shipyards) are probably more flexible and adjustable to meet new circ*mstances as a consequence of not being constrained by a burdensome centralized bureaucracy, as is the case with Soviet shipyards. Next, such initiatives as the Ship Production Committee's "Human Resources Innovation" projects stand a better chance of achieving product-oriented "production team" relationship among labor, management, and technical personnel than the more rigid Soviet system, especially in view of the ability of U.S. shipyard management to offer meaningful financial incentives without the kind of bureaucratic constraints imposed in the Soviet system. Finally, the current U.S. Navy/shipbuilding industry cooperative effort to develop a common engineering database should lead to a highly integrated and disciplined ship design, construction, operation, and maintenance system for naval ships (and subsequently for commercial ships) that will ultimately restore the U.S. shipbuilding process to a leadership position in the world marketplace (additional references [16] and [17]).On that tentatively positive note, it seems fitting to close this discussion with a question: Is the author aware of any similar Soviet effort to develop an integrated computer-aided design, production and logistics support system? The author is to be congratulated on an excellent, comprehensive insight into the Soviet shipbuilding process and productivity improvement efforts that should give us all adequate cause not to be complacent in our own efforts. Peter M. Palermo, Naval Sea Systems Command The author presents an interesting paper that unfortunately leaves this reader with a number of unanswered questions. The paper is a paradox. It depicts a system consisting of a highly educated work force, advanced fabrication processes including the use of standardized hull modules, sophisticated materials and welding processes, and yet in the author's words they suffer from "low productivity, poor product quality, . . . and the rigid production systems which resists the introduction of new ideas." Is it possible that incentive, motivation, and morale play an equally significant role in achieving quality and producibility advances? Can the author discuss underlying reasons for quality problems in particular—or can we assume that the learning curves of Figs. 5 and Fig. 6 are representative of quality improvement curves? It has been my general impression that quality will improve with application of high-tech fabrication procedures, enclosed fabrication ways, availability of highly educated welding engineers on the building ways, and that productivity would improve with the implementation of modular or zone outfitting techniques coupled with the quality improvements. Can the author give his impressions of the impact of these innovations in the U.S. shipbuilding industry vis-a-vis the Soviet industry? Many of the welding processes cited in the paper are also familiar to the free world, with certain notable exceptions concerning application in Navy shipbuilding. For example, (1) electroslag welding is generally confined to single-pass welding of heavy plates; application to thinner plates—l1/4 in. and less when certified—would permit its use in more applications than heretofore. (2) Electron beam welding is generally restricted to high-technology machinery parts; vacuum chamber size restricts its use for larger components (thus it must be assumed that the Soviets have solved the vacuum chamber problem or have much larger chambers). (3) Likewise, laser welding has had limited use in U.S. shipbuilding. An interesting theme that runs throughout the paper, but is not explicitly addressed, is the quality of Soviet ship fitting. The use of high-tech welding processes and the mention of "remote controlled tooling for welding and X-ray testing the butt, and for following painting" imply significant ship fitting capabilities for fitting and positioning. This is particularly true if modules are built in one facility, outfitted and assembled elsewhere depending on the type of ship required. Any comments concerning Soviet ship fitting capabilities would be appreciated. The discussion on modular construction seems to indicate that the Soviets have a "standard hull module" that is used for different types of vessels, and if the use of these hull modules permit increasing hull length without changes to the fore and aft ends, it can be assumed that they are based on a standard structural design. That being the case, the midship structure will be overdesigned for many applications and optimally designed for very few. Recognizing that the initial additional cost for such a piece of hull structure is relatively minimal, it cannot be forgotten that the lifecycle costs for transporting unnecessary hull weight around can have significant fuel cost impacts. If I perceived the modular construction approach correctly, then I am truly intrigued concerning the methods for handling the distributive systems. In particular, during conversion when the ship is lengthened, how are the electrical, fluid, communications, and other distributive systems broken down, reassembled and tested? "Quick connect couplings" for these type systems at the module breaks is one particular area where economies can be achieved when zone construction methods become the order of the day in U.S. Navy ships. The author's comments in this regard would be most welcome. The design process as presented is somewhat different than U.S. Navy practice. In U.S. practice, Preliminary and Contract design are developed by the Navy. Detail design, the development of the working drawings, is conducted by the lead shipbuilder. While the detail design drawings can be used by follow shipbuilders, flexibility is permitted to facilitate unique shipbuilding or outfitting procedures. Even the contract drawings supplied by the Navy can be modified— upon Navy approval—to permit application of unique shipbuilder capabilities. The large number of college-trained personnel entering the Soviet shipbuilding and allied fields annually is mind-boggling. According to the author's estimation, a minimum of about 6500 college graduates—5000 of which have M.S. degrees—enter these fields each year. It would be most interesting to see a breakdown of these figures—in particular, how many naval architects and welding engineers are included in these figures? These are disciplines with relatively few personnel entering the Navy design and shipbuilding field today. For example, in 1985 in all U.S. colleges and universities, there were only 928 graduates (B.S., M.S. and Ph.D.) in marine, naval architecture and ocean engineering and only 1872 graduates in materials and metallurgy. The number of these graduates that entered the U.S. shipbuilding field is unknown. Again, the author is to be congratulated for providing a very thought-provoking paper. Frank J. Long, Win/Win Strategies This paper serves not only as a chronicle of some of the productivity improvement efforts in Soviet shipbuilding but also as an important reminder of the fruits of those efforts. While most Americans have an appreciation of the strengths of the Russian Navy, this paper serves to bring into clearer focus the Russians' entire maritime might in its naval, commercial, and fishing fleets. Indeed, no other nation on earth has a greater maritime capability. It is generally acknowledged that the Soviet Navy is the largest in the world. When considering the fact that the commercial and fishing fleets are, in many military respects, arms of the naval fleet, we can more fully appreciate how awesome Soviet maritime power truly is. The expansion of its maritime capabilities is simply another but highly significant aspect of Soviet worldwide ambitions. The development and updating of "Setka Typov Su dov" (Table of Vessel Classes), which the author describes is a classic example of the Soviet planning process. As the author states, "A mighty fishing and commercial fleet was built in accordance with a 'Setka' which was originally developed in the 1960's. And an even more impressive example is the rapid expansion of the Soviet Navy." In my opinion it is not mere coincidence that the Russians embarked on this course in the 1960's. That was the beginning of the coldest of cold war periods—Francis Gary Power's U-2 plane was downed by the Russians on May 1, 1960; the mid-May 1960 Four Power Geneva Summit was a bust; the Berlin Wall was erected in 1961 and, in 1962, we had the Cuban Missile Crisis. The United States maritime embargo capability in that crisis undoubtedly influenced the Soviet's planning process. It is a natural and normal function of a state-controlled economy with its state-controlled industries to act to bring about the controlled productivity improvement developments in exactly the key areas discussed in the author's paper. As the author states, "All innovations at Soviet shipyards have originated at two main sources:domestic development andadaptation of new ideas introduced by leading foreign yards, or most likely a combination of both. Soviet shipbuilders are very fast learners; moreover, their own experience is quite substantial." The Ship Production Committee of SNAME has organized its panels to conduct research in many of these same areas for productivity improvement purposes. For example, addressing the areas of technology and equipment are Panels SP-1 and 3, Shipbuilding Facilities and Environmental Effects, and Panel SP-7, Shipbuilding Welding. Shipbuilding methods are the province of SP-2; outfitting and production aids and engineering and scientific support are the province of SP-4, Design Production Integration. As I read through the descriptions of the processes that led to the productivity improvements, I was hoping to learn more about the organizational structure of Soviet shipyards, the managerial hierarchy and how work is organized by function or by craft in the shipyard. (I would assume that for all intents and purposes, all Russian yards are organized in the same way.) American shipyard management is wedded to the notion that American shipbuilding suffers immeasurably from a productivity standpoint because of limitations on management's ability to assign workers across craft lines. It is unlikely that this limitation exists in Soviet shipyards. If it does not, how is the unfettered right of assignment optimized? What are the tangible, measurable results? I believe it would have been helpful, also, for the author to have dedicated some of the paper to one of the most important factors in improvement in the labor-intensive shipbuilding industry—the shipyard worker. There are several references to worker problems—absenteeism, labor shortage, poor workmanship, and labor discipline. The reader is left with the impression that the Russians believe that either those are unsolvable problems or have a priority ranking significantly inferior to the organizational, technical, and design efforts discussed. As a case in point, the author devotes a complete section to engineering education and professional training but makes no mention of education or training programs for blue-collar workers. It would seem that a paper on productivity improvement efforts in Soviet shipbuilding would address this most important element. My guess is that the Russians have considerable such efforts underway and it would be beneficial for us to learn of them.

Abstract:

Climate change induced sea-level rise (SLR) is on its increase globally. Regionally the lowlands of China, Vietnam, Bangladesh, and islands of the Malaysian, Indonesian and Philippine archipelagos are among the world’s most threatened regions. Sea-level rise has major impacts on the ecosystems and society. It threatens coastal populations, economic activities, and fragile ecosystems as mangroves, coastal salt-marches and wetlands. This paper provides a summary of the current state of knowledge of sea level-rise and its effects on both human and natural ecosystems. The focus is on coastal urban areas and low lying deltas in South-East Asia and Vietnam, as one of the most threatened areas in the world. About 3 mm per year reflects the growing consensus on the average SLR worldwide. The trend speeds up during recent decades. The figures are subject to local, temporal and methodological variation. In Vietnam the average values of 3.3 mm per year during the 1993-2014 period are above the worldwide average. Although a basic conceptual understanding exists that the increasing global frequency of the strongest tropical cyclones is related with the increasing temperature and SLR, this relationship is insufficiently understood. Moreover the precise, complex environmental, economic, social, and health impacts are currently unclear. SLR, storms and changing precipitation patterns increase flood risks, in particular in urban areas. Part of the current scientific debate is on how urban agglomeration can be made more resilient to flood risks. Where originally mainly technical interventions dominated this discussion, it becomes increasingly clear that proactive special planning, flood defense, flood risk mitigation, flood preparation, and flood recovery are important, but costly instruments. Next to the main focus on SLR and its effects on resilience, the paper reviews main SLR associated impacts: Floods and inundation, salinization, shoreline change, and effects on mangroves and wetlands. The hazards of SLR related floods increase fastest in urban areas. This is related with both the increasing surface major cities are expected to occupy during the decades to come and the increasing coastal population. In particular Asia and its megacities in the southern part of the continent are increasingly at risk. The discussion points to complexity, inter-disciplinarity, and the related uncertainty, as core characteristics. An integrated combination of mitigation, adaptation and resilience measures is currently considered as the most indicated way to resist SLR today and in the near future.References Aerts J.C.J.H., Hassan A., Savenije H.H.G., Khan M.F., 2000. Using GIS tools and rapid assessment techniques for determining salt intrusion: Stream a river basin management instrument. 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Abstract:

Teachers have an important and primary role in the education system. The achievement of the teacher's role in education will have an impact on job satisfaction. This study aims to analyze the job satisfaction of Early Childhood Education teachers in terms of variables of technostress and work-family conflicts among teachers who are married. This study was designed with a correlational quantitative design. Data collection is done online with the assistance of Google forms-distributed throughout Indonesia. One hundred and fifty-seven teacher respondents who fit the criteria became the research sample. The data analysis technique uses hierarchical regression. The results of the analysis stated that there was a relationship between technostress and job satisfaction. The findings show that two of the five aspects of technostress that techno-overload and techno-insecurity have a negative correlation with job satisfaction, while techno-uncertainty has a positive correlation. In addition, two aspects of technostress namely techno-invasion and techno-complexity do not correlate with job satisfaction. next to the relationship between work-family conflict with job satisfaction. The findings show that one of the two aspects of work-family conflict is strain negatively correlated with job satisfaction while time and behavior do not correlate with job satisfaction. Based on the results of this study it can be concluded that early childhood teachers are more affected by their job satisfaction technostress/techno-overload compared to work-family conflict. Keywords: early childhood teacher, job satisfaction, technostress, work-family conflict References: A Suh, JL (2017). Understanding teleworkers' technostress and its influence on job satisfaction. Internet Research, 27(1), 140–159. https://doi.org/10.1108/IntR-06-2015-0181 1. Dwi Putranti, A., & Achmad Kurniady, D. (2013). 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Abstract:

Abstract The quantification of storm updrafts remains unavailable for operational forecasting despite their inherent importance to convection and its associated severe weather hazards. Updraft proxies, like overshooting top area from satellite images, have been linked to severe weather hazards but only relate to a limited portion of the total storm updraft. This study investigates if a machine learning model, namely U-Nets, can skillfully retrieve maximum vertical velocity and its areal extent from 3-dimensional gridded radar reflectivity alone. The machine learning model is trained using simulated radar reflectivity and vertical velocity from the National Severe Storm Laboratory’s convection permitting Warn on Forecast System (WoFS). A parametric regression technique using the sinh-arcsinh-normal distribution is adapted to run with U-Nets, allowing for both deterministic and probabilistic predictions of maximum vertical velocity. The best models after hyperparameter search provided less than 50% root mean squared error, a coefficient of determination greater than 0.65 and an intersection over union (IoU) of more than 0.45 on the independent test set composed of WoFS data. Beyond the WoFS analysis, a case study was conducted using real radar data and corresponding dual-Doppler analyses of vertical velocity within a supercell. The U-Net consistently underestimates the dual-Doppler updraft speed estimates by 50%. Meanwhile, the area of the 5 and 10 m s−1 updraft cores show an IoU of 0.25. While the above statistics are not exceptional, the machine learning model enables quick distillation of 3D radar data that is related to the maximum vertical velocity which could be useful in assessing a storm’s severe potential.

Abstract:

Abstract Funding Acknowledgements Type of funding sources: Public grant(s) – National budget only. Main funding source(s): Project no. RRF-2.3.1-21-2022-00004 (MILAB) has been implemented with the support provided by the European Union. Development of scientific workshops of medical, health sciences and pharmaceutical educations” Project identification number: EFOP-3.6.3-VEKOP-16-2017-00009. Background Mortality risk of patients presenting ST-elevation myocardial infarction (STEMI) is extensively researched. On the other hand, the prehospital mortality of them has been studied less frequently. Purpose We aimed to study the outcomes of STEMI patients with different initial rhythms during cardiopulmonary resuscitation (CPR) using the database of the National Ambulance Service in our country. Methods We collected data of 632 patients between November 2018 and June 2021 who required CPR because of an out-of-hospital cardiac arrest, and ST elevation was also presented on their ECG before the cardiac arrest or after the return of spontaneous circulation. Primary endpoint was the successful admission to the hospital. Pearson Chi-square test and Mann-Whitney U Test was used for statistical analysis. Results Of the 632 patients, 102 (16.1%) died before arriving at the hospital. The age of patients survived was median 63 years (IQR 53-70), while the patients died were median 70 years old (IQR 60-77), (p<0.001). The sex rate was non-different, as 33/164 (16.8%) of women and 59/310 (16.0%) of men died out-of-hospital (p=0.815). The CPR initial rhythm was documented in 469 cases (74.2%), the out-of-hospital mortality was 95/469 (20.26%). Of them 73 patients (76.8%) had a non-shockable initial rhythm (pulseless electric activity or asystole, PEA/ASY), and 22 patients (23.2%) died from an initial shockable rhythm (ventricular tachycardia or fibrillation, VT/VF). Patients with an initial VT/VF reached the hospital in 92.5% (273/295), and patients with an initial PEA/ASY survived only in 58% (101/174). (p<0.001) Patients with an initial VT/VF had STEMI anterior in 44.4% (131/295), of them 90.8% (119/131) reached the hospital alive. Patients with an initial VT/VF had STEMI inferior in 41.8% (114/273), of them 97.4% (111/114) were admitted to the hospital alive. (p=0.033) STEMI anterior patients had an initial PEA/ASY in 26% (46/175), while patients with STEMI inferior had an initial non-shockable rhythm in 40.3% (77/191). (p=0.004) Conclusion Patients with STEMI inferior may have a higher risk for cardiac arrest with a non-shockable rhythm than patients with STEMI anterior. However, patients with STEMI inferior and an initial VT/VF have a higher rate to reach the hospital alive. For individual prediction, more data and complex statistical methods are needed.

Abstract:

The nation’s social agenda for improving education and training has converged with national economic forces (Hornbeck & Salamon, 1991). The emphasis on lifelong learning of the workforce through education, training and development, demands for ever-improving productivity and significant technological advancements have required new tools to deliver education and training at a distance when and where it is requiredneeded. With the emergence of online learning, organizations have reaped the rewards of a well-educated and trained workforce. Yet, in surveys, educators reported that strategic planning was not being conducted for online learning programs (Berge & Muilenburg, 2001; McNickle & Cameron, 2003), and what planning that was done was deficient in areas such as policy (U. S. General Accounting Office, 2003) and organizational culture (European Union, 2003). Sawyer (2005) found that the leaders and managers of online learning programs (from from the academic community, business and industry, the non-profit sector and government) needed hhelp developing and executing strategic plans for their programs, people and systemsave ha. When evaluating whether to move content to (or develop content for) an e-Learning program, deciding to purchase tools and/or content, internally designing a new distributed learning system, or beginning to plan for the future, Sawyer (2005) found that the state of the research at that time left the decision maker(s) to make critical choices based on their skill (and/or desire) to assemble and analyze the necessary information that would lead to relevant considerations being taken into account. One large area where the hleaders and managers of online learning programs needed help developing and executing strategic plans for their programs was that they needed a single source that could be located and leveraged to gain an insight into online learning’s goals, benefits or problems to use as a decision aid or analysis tool. Until now, a comprehensive list did not exist. Sawyer’s 2005 study was designed to present a comprehensive list of online learning’s goals, benefits and problems that could be applied as a decision aid/analysis tool to aid in strategic planning. This paper presents some of the key findings from this exploratory study which used the emergent, inductive approach of content analysis to conduct a cross case analysis of 607 research reports published over a two year period to establish the existence and frequency of the dependent variables goals, benefits and problems. This analysis resulted in the identification of 61 goals that have been set for online learning programs, 131 benefits that have been documented, and 371 problems that have been encountered. Conceptual and relational analysis were concurrently applied to identify key concepts and their semantic relationships which resulted in the development of a concept map that, when combined with the content analysis, led to the identification of seven recommended online learning communities, as well as a consolidated planning and decision aid to help decision-makers in their strategic planning effort.

Abstract:

Problem setting. In the direction of balanced regional development, the state has the opportunity to use such a direct lever of influence on the process as strategic planning. At present stage of reforming of the system of public administration of regional development, its role and importance are especially growing, because strategic planning makes it possible to predict the further development of territories. General purpose of strategic planning is to move to indicative forecasting, information support for objective management decisions at the regional, local and national levels, including concerning increase and effective realization of resource potential of the region, overcoming of depression of territories, realization of structural transformations. Recent research and publications analysis. Issues related to regional development are covered in works of such scholars as E. Alaev, G. Balabanov, P. Bubenko, Z. Varnalii, S. Haluza, Z. Herasymchuk, А. Holikov, H. Huberna, M. Dolishnii, L. Zaitseva, U. Ipatov, B. Kliianenko, V. Kravtsiv, O. Krainyk, N. Kuznetsov, L. Kuzmenko, A. Mazur, T. Maksymova, A. Marshalova, S. Melnyk, І. Mykhasiuk, N. Mikula, Y. Navruzov, O. Novoselov, V. Symonenko, D. Stechenko, H. Stolbov, L. Taranhul, S. Tiahlov, V. Khodachek, L. Chervona, М. Chumachenko, B. Shtulberh, M. Yankiv and others. Taking into account the significant achievements of the scholars in the field of regional studies, insufficiently complete and in-depth study of the issues of strategic planning of regional development is still worth emphasizing. Highlighting previously unsettled parts of the general problem. The main purpose of the article was to present a wide range of results of the study on the analysis of the problem and to justify the prospects of strategic planning of regional development. Paper main body. Public administration of regional development in Ukraine should take into account basic trends of reforming processes in the European Union. Like in European countries, in Ukraine there are normative documents, which frame the strategic planning, i.e. there is every reason to talk about the functioning of the regional development planning system. The main components of this system include: strategic plans for socio-economic development; spatial plans of territorial development (schemes of planning of the territory of the region, general plans and town-planning documentation of settlements); medium-term plans for socio-economic development of the region and targeted development programs for certain areas of activity; short-term programs of socio-economic development. Strategic, medium-term and short-term program documents of socio-economic development of the region are related to creating a favorable environment for the development of the regional economy and citizens’ life, meeting basic needs of business sector and people in various services, forming competitive advantages to enter outer markets, stimulation of entrepreneurial activity, active attraction of investments, development of various sectors of economy, etc. Spatial plans of different levels relate to the development of the territory as an object of implementation of urban policy of local authorities, they are tied to a specific space. Therefore, we can talk about two types of program documents. Both types are closely interrelated, contribute to improving the efficiency of the territory, but differ from each other. Today, in the field of strategic planning of regional development in Ukraine there are many problems resulting from the lack of a comprehensive system of strategic planning of regional development in the country. In particular, these are the following: inconsistencies between different strategic and planning documents; lack of clear links between planning documents and the budget; lack of a unified approach to planning, uncertainty of the status of sertain strategic documents, political and legal consequences of their non-implementation; inefficient system of public policy evaluation; lack of responsibility for making ineffective management decisions. The main directions of strategic planning were identified: intellectual growth of territories, which involves economic development based on the growing development of production infrastructure, knowledge, research, inventions, patents and innovations, i.e. reorientation of regional economies to an innovative model of development; sustainable and continuous growth of territories for creation of an economy based on the efficient use of resources, in particular, environmental resources, and increasing the efficiency of use of natural resources, economic potential of the region; comprehensive growth of living standards through the development of social infrastructure, increasing employment, human resources development and achievement of social well-being; increasing the investment attractiveness of regions and intensifying innovation activity therein, as well as increasing the competitiveness of regions. Conclusions of the research and prospects for further studies. Strategic planning of regional development is a powerful tool to unite the interests of the public, local business and local authorities, which has a positive impact on the business climate, community welfare, and competitive position of the territory. It is a creative process of defining strategic directions and agreeing on realistic goals and objectives, implementation of which will help to achieve a better future.

Abstract:

The UP Manila Health Policy Development Hub recognizes the invaluable contribution of the participants in theseries of roundtable discussions listed below: RTD: Beyond Hospital Beds: Equity,quality, and service1. Ma. Esmeralda C. Silva, MPAf, MSPPM, PhD,Faculty, College of Public Health, UP Manila2. Leonardo R. Estacio, Jr., MCD, MPH, PhD, Dean,College of Arts and Sciences, UP Manila3. Michael Antonio F. Mendoza, DDM, MM, Faculty,College of Dentistry, UP Manila4. Hilton Y. Lam, MHA, PhD, Chair, UP Manila HealthPolicy Development Hub; Director, Institute of HealthPolicy and Development Studies, University of thePhilippines Manila5. Irma L. Asuncion, MHA, CESO III, Director IV,Bureau of Local Health Systems Development,Department of Health6. Renely Pangilinan-Tungol, MD, CFP, MPM-HSD,Municipal Health Officer, San Fernando, Pampanga7. Salome F. Arinduque, MD, Galing-Pook AwardeeRepresentative, Municipal Health Officer, San Felipe,Zambales8. Carmelita C. Canila, MD, MPH, Faculty, College ofPublic Health, University of the Philippines Manila9. Lester M. Tan, MD, MPH, Division Chief, Bureau ofLocal Health System Development, Department ofHealth10. Anthony Rosendo G. Faraon, MD, Vice President,Zuellig Family Foundation (ZFF)11. Albert Francis E. Domingo, MD, Consultant, HealthSystem strengthening through Public Policy andRegulation, World Health Organization12. Jesus Randy O. Cañal, MD, FPSO-HNS, AssociateDirector, Medical and Regulatory Affairs, AsianHospital and Medical Center13. Christian Edward L. Nuevo, Health Policy and SystemsResearch Fellow, Health Policy Development andPlanning Bureau, Department of Health14. Paolo Victor N. Medina, MD, Assistant Professor 4,College of Medicine, University of the PhilippinesManila15. Jose Rafael A. Marfori, MD, Special Assistant to theDirector, Philippine General Hospital16. Maria Teresa U. Bagaman, Committee Chair, PhilippineSociety for Quality, Inc.17. Maria Theresa G. Vera, MSc, MHA, CESO III, DirectorIV, Health Facility Development Bureau, Departmentof Health18. Ana Melissa F. Hilvano-Cabungcal, MD, AssistantAssociate Dean for Planning & Development, Collegeof Medicine, University of the Philippines Manila19. Fevi Rose C. Paro, Faculty, Department of Communityand Environmental Resource Planning, University ofthe Philippines Los Baños20. Maria Rosa C. Abad, MD, Medical Specialist III,Standard Development Division, Health Facilities andServices Regulation21. Yolanda R. Robles, RPh, PhD, Faculty, College ofPharmacy, University of the Philippines Manila22. Jaya P. Ebuen, RN, Development Manager Officer,CHDMM, Department of Health23. Josephine E. Cariaso, MA, RN, Assistant Professor,College of Nursing, University of the Philippines Manila24. Diana Van Daele, Programme Manager, CooperationSection, European Union25. Maria Paz de Sagun, Project Management Specialist,USAID26. Christopher Muñoz, Member, Yellow Warriors SocietyPhilippinesRTD: Health services and financingroles: Population based- andindividual-based1. Hilton Y. Lam, MHA, PhD, Chair, University of thePhilippines Manila Health Policy Development Hub;Director, Institute of Health Policy and DevelopmentStudies, University of the Philippines Manila2. Ma. Esmeralda C. Silva, MPAf, MSPPM, PhD,Faculty, College of Public Health, University of thePhilippines Manila3. Leonardo R. Estacio, Jr., MCD, MPH, PhD, Dean,College of Arts and Sciences, University of thePhilippines Manila4. Michael Antonio F. Mendoza, DDM, MM, Faculty,College of Dentistry, University of the PhilippinesManila5. Mario C. Villaverde, Undersecretary, Health Policyand Development Systems and Development Team,Department of Health6. Jaime Z. Galvez Tan, MD, Former Secretary, Department of Health7. Marvin C. Galvez, MD, OIC Division Chief, BenefitsDevelopment and Research Department, PhilippineHealth Insurance Corporation8. Alvin B. Caballes, MD, MPE, MPP, Faculty, Collegeof Medicine, University of the Philippines Manila9. Carlos D. Da Silva, Executive Director, Association ofMunicipal Health Maintenance Organization of thePhilippines, Inc.10. Anthony Rosendo G. Faraon, MD, Vice President,Zuellig Family Foundation (ZFF) 11. Albert Francis E. Domingo, MD, Consultant, HealthSystem strengthening through Public Policy andRegulation, World Health Organization12. Salome F. Arinduque, MD, Galing-Pook AwardeeRepresentative, Municipal Health Officer, San Felipe,Zambales13. Michael Ralph M. Abrigo, PhD, Research Fellow,Philippine Institute for Developmental Studies14. Oscar D. Tinio, MD, Committee Chair, Legislation,Philippine Medical Association15. Rogelio V. Dazo, Jr., MD, FPCOM, Legislation,Philippine Medical Association16. Ligaya V. Catadman, MM, Officer-in-charge, HealthPolicy Development and Planning Bureau, Department of Health17. Maria Fatima Garcia-Lorenzo, President, PhilippineAlliance of Patients Organization18. Tomasito P. Javate, Jr, Supervising Economic DevelopmentSpecialist, Health Nutrition and Population Division,National Economic and Development Authority19. Josefina Isidro-Lapena, MD, National Board ofDirector, Philippine Academy of Family Physicians20. Maria Eliza Ruiz-Aguila, MPhty, PhD, Dean, Collegeof Allied Medical Professions, University of thePhilippines Manila21. Ana Melissa F. Hilvano-Cabungcal, MD, AssistantAssociate Dean for Planning & Development, College ofMedicine, University of the Philippines Manila22. Maria Paz P. Corrales, MD, MHA, MPA, Director III,Department of Health-National Capital Region23. Karin Estepa Garcia, MD, Executive Secretary, PhilippineAcademy of Family Physicians24. Adeline A. Mesina, MD, Medical Specialist III,Philippine Health Insurance Corporation25. Glorey Ann P. Alde, RN, MPH, Research Fellow,Department of HealthRTD: Moving towards provincelevel integration throughUniversal Health Care Act1. Hilton Y. Lam, MHA, PhD, Chair, University of thePhilippines Manila Health Policy Development Hub;Director, Institute of Health Policy and DevelopmentStudies, University of the Philippines Manila2. Ma. Esmeralda C. Silva, MPAf, MSPPM, PhD,Faculty, College of Public Health, University of thePhilippines Manila3. Leonardo R. Estacio, Jr., MCD, MPH, PhD, Dean,College of Arts and Sciences, University of thePhilippines Manila4. Michael Antonio F. Mendoza, DDM, MM, Faculty,College of Dentistry, University of the PhilippinesManila5. Mario C. Villaverde, Undersecretary of Health, HealthPolicy and Development Systems and DevelopmentTeam, Department of Health6. Ferdinand A. Pecson, Undersecretary and ExecutiveDirector, Public Private Partnership Center7. Rosanna M. Buccahan, MD, Provincial Health Officer,Bataan Provincial Office8. Lester M. Tan, MD, Division Chief, Bureau of LocalHealth System Development, Department of Health9. Ernesto O. Domingo, MD, FPCP, FPSF, FormerChancellor, University of the Philippines Manila10. Albert Francis E. Domingo, MD, Consultant, HealthSystem strengthening through Public Policy andRegulation, World Health Organization11. Leslie Ann L. Luces, MD, Provincial Health Officer,Aklan12. Rene C. Catan, MD, Provincial Health Officer, Cebu13. Anthony Rosendo G. Faraon, MD, Vice President,Zuellig Family Foundation14. Jose Rafael A. Marfori, MD, Special Assistant to theDirector, Philippine General Hospital15. Jesus Randy O. Cañal, MD, FPSO-HNS, Consultant,Asian Hospital and Medical Center16. Ramon Paterno, MD, Member, Universal Health CareStudy Group, University of the Philippines Manila17. Mayor Eunice U. Babalcon, Mayor, Paranas, Samar18. Zorayda E. Leopando, MD, Former President,Philippine Academy of Family Physicians19. Madeleine de Rosas-Valera, MD, MScIH, SeniorTechnical Consultant, World Bank20. Arlene C. Sebastian, MD, Municipal Health Officer,Sta. Monica, Siargao Island, Mindanao21. Rizza Majella L. Herrera, MD, Acting Senior Manager,Accreditation Department, Philippine Health InsuranceCorporation22. Alvin B. Caballes, MD, MPE, MPP, Faculty, Collegeof Medicine, University of the Philippines Manila23. Pres. Policarpio B. Joves, MD, MPH, MOH, FPAFP,President, Philippine Academy of Family Physicians24. Leilanie A. Nicodemus, MD, Board of Director,Philippine Academy of Family Physicians25. Maria Paz P. Corrales, MD, MHA, MPA, Director III,National Capital Region Office, Department of Health26. Dir. Irma L. Asuncion, MD, MHA, CESO III, DirectorIV, Bureau of Local Health Systems Development,Department of Health27. Bernard B. Argamosa, MD, Mental Health Representative, National Center for Mental Health28. Flerida Chan, Chief, Poverty Reduction Section, JapanInternational Cooperation Agency29. Raul R. Alamis, Chief Health Program Officer, ServiceDelivery Network, Department of Health30. Mary Anne Milliscent B. Castro, Supervising HealthProgram Officer, Department of Health 31. Marikris Florenz N. Garcia, Project Manager, PublicPrivate Partnership Center32. Mary Grace G. Darunday, Supervising Budget andManagement Specialist, Budget and Management Bureaufor the Human Development Sector, Department ofBudget and Management33. Belinda Cater, Senior Budget and Management Specialist,Department of Budget and Management34. Sheryl N. Macalipay, LGU Officer IV, Bureau of LocalGovernment and Development, Department of Interiorand Local Government35. Kristel Faye M. Roderos, OTRP, Representative,College of Allied Medical Professions, University ofthe Philippines Manila36. Jeffrey I. Manalo, Director III, Policy Formulation,Project Evaluation and Monitoring Service, PublicPrivate Partnership Center37. Atty. Phebean Belle A. Ramos-Lacuna, Division Chief,Policy Formulation Division, Public Private PartnershipCenter38. Ricardo Benjamin D. Osorio, Planning Officer, PolicyFormulation, Project Evaluation and MonitoringService, Public Private Partnership Center39. Gladys Rabacal, Program Officer, Japan InternationalCooperation Agency40. Michael Angelo Baluyot, Nurse, Bataan Provincial Office41. Jonna Jane Javier Austria, Nurse, Bataan Provincial Office42. Heidee Buenaventura, MD, Associate Director, ZuelligFamily Foundation43. Dominique L. Monido, Policy Associate, Zuellig FamilyFoundation44. Rosa Nene De Lima-Estellana, RN, MD, Medical OfficerIII, Department of Interior and Local Government45. Ma Lourdes Sangalang-Yap, MD, FPCR, Medical OfficerIV, Department of Interior and Local Government46. Ana Melissa F. Hilvano-Cabungcal, MD, AssistantAssociate Dean for Planning & Development, College ofMedicine, University of the Philippines Manila47. Colleen T. Francisco, Representative, Department ofBudget and Management48. Kristine Galamgam, Representative, Department ofHealth49. Fides S. Basco, Officer-in-charge, Chief Budget andManagement Specialist, Development of Budget andManagementRTD: Health financing: Co-paymentsand Personnel1. Hilton Y. Lam, MHA, PhD, Chair, University of thePhilippines Manila Health Policy Development Hub;Director, Institute of Health Policy and DevelopmentStudies, University of the Philippines Manila2. Ma. Esmeralda C. Silva, MPAf, MSPPM, PhD,Faculty, College of Public Health, University of thePhilippines Manila3. Leonardo R. Estacio, Jr., MCD, MPH, PhD, Dean,College of Arts and Sciences, University of thePhilippines Manila4. Michael Antonio F. Mendoza, DDM, MM, Faculty,College of Dentistry, University of the Philippines Manila5. Ernesto O. Domingo, MD, Professor Emeritus,University of the Philippines Manila6. Irma L. Asuncion, MHA, CESO III, Director IV,Bureau of Local Health Systems Development,Department of Health7. Lester M. Tan, MD, MPH, Division Chief, Bureau ofLocal Health System Development, Department ofHealth8. Marvin C. Galvez, MD, OIC Division Chief, BenefitsDevelopment and Research Department, PhilippineHealth Insurance Corporation9. Adeline A. Mesina, MD, Medical Specialist III, BenefitsDepartment and Research Department, PhilippineHealth Insurance Corporation10. Carlos D. Da Silva, Executive Director, Association ofHealth Maintenance Organization of the Philippines,Inc.11. Ma. Margarita Lat-Luna, MD, Deputy Director, FiscalServices, Philippine General Hospital12. Waldemar V. Galindo, MD, Chief of Clinics, Ospital ngMaynila13. Albert Francis E. Domingo, MD, Consultant, HealthSystem strengthening through Public Policy andRegulation, World Health Organization14. Rogelio V. Dazo, Jr., MD, Member, Commission onLegislation, Philippine Medical Association15. Aileen R. Espina, MD, Board Member, PhilippineAcademy of Family Physicians16. Anthony R. Faraon, MD, Vice President, Zuellig FamilyFoundation17. Jesus Randy O. Cañal, Associate Director, Medical andRegulatory Affairs, Asian Hospital and Medical Center18. Jared Martin Clarianes, Technical Officer, Union of LocalAuthorities of the Philippines19. Leslie Ann L. Luces, MD, Provincial Health Officer,Aklan20. Rosa Nene De Lima-Estellana, MD, Medical OfficerIII, Department of the Interior and Local Government21. Ma. Lourdes Sangalang-Yap, MD, Medical Officer V,Department of the Interior and Local Government 22. Dominique L. Monido, Policy Associate, Zuellig FamilyFoundation23. Krisch Trine D. Ramos, MD, Medical Officer, PhilippineCharity Sweepstakes Office24. Larry R. Cedro, MD, Assistant General Manager, CharitySector, Philippine Charity Sweepstakes Office25. Margarita V. Hing, Officer in Charge, ManagementDivision, Financial Management Service Sector,Department of Health26. Dr. Carlo Irwin Panelo, Associate Professor, College ofMedicine, University of the Philippines Manila27. Dr. Angelita V. Larin, Faculty, College of Public Health,University of the Philippines Manila28. Dr. Abdel Jeffri A. Abdulla, Chair, RegionalizationProgram, University of the Philippines Manila29. Christopher S. Muñoz, Member, Philippine Alliance ofPatients Organization30. Gemma R. Macatangay, LGOO V, Department ofInterior and Local Government – Bureau of LocalGovernment Development31. Dr. Narisa Portia J. Sugay, Acting Vice President, QualityAssurance Group, Philippine Health InsuranceCorporation32. Maria Eliza R. Aguila, Dean, College of Allied MedicalProfessions, University of the Philippines Manila33. Angeli A. Comia, Manager, Zuellig Family Foundation34. Leo Alcantara, Union of Local Authorities of thePhilippines35. Dr. Zorayda E. Leopando, Former President, PhilippineAcademy of Family Physicians36. Dr. Emerito Jose Faraon, Faculty, College of PublicHealth, University of the Philippines Manila37. Dr. Carmelita C. Canila, Faculty, College of PublicHealth, University of the Philippines ManilaRTD: Moving towards third partyaccreditation for health facilities1. Hilton Y. Lam, MHA, PhD, Chair, University of thePhilippines Manila Health Policy Development Hub;Director, Institute of Health Policy and DevelopmentStudies, University of the Philippines Manila2. Ma. Esmeralda C. Silva, MPAf, MSPPM, PhD,Faculty, College of Public Health, University of thePhilippines Manila3. Leonardo R. Estacio, Jr., MCD, MPH, PhD, Dean,College of Arts and Sciences, University of thePhilippines Manila4. Michael Antonio F. Mendoza, DDM, MM, Faculty,College of Dentistry, University of the PhilippinesManila5. Rizza Majella L. Herrera, MD, Acting SeniorManager, Accreditation Department, Philippine HealthInsurance Corporation6. Bernadette C. Hogar-Manlapat, MD, FPBA, FPSA,FPSQua, MMPA, President and Board of Trustee,Philippine Society for Quality in Healthcare, Inc.7. Waldemar V. Galindo, MD, Chief of Clinics, Ospital ngMaynila8. Amor. F. Lahoz, Division Chief, Promotion andDocumentation Division, Department of Trade andIndustry – Philippine Accreditation Bureau9. Jenebert P. Opinion, Development Specialist, Department of Trade and Industry – Philippine AccreditationBureau10. Maria Linda G. Buhat, President, Association ofNursing Service Administrators of the Philippines, Inc.11. Bernardino A. Vicente, MD, FPPA, MHA, CESOIV, President, Philippine Tripartite Accreditation forHealth Facilities, Inc.12. Atty. Bu C. Castro, MD, Board Member, PhilippineHospital Association13. Cristina Lagao-Caalim, RN, MAN, MHA, ImmediatePast President and Board of Trustee, Philippine Societyfor Quality in Healthcare, Inc.14. Manuel E. Villegas Jr., MD, Vice Treasurer and Board ofTrustee, Philippine Society for Quality in Healthcare,Inc.15. Michelle A. Arban, Treasurer and Board of Trustee,Philippine Society for Quality in Healthcare, Inc.16. Joselito R. Chavez, MD, FPCP, FPCCP, FACCP,CESE, Deputy Executive Director, Medical Services,National Kidney and Transplant Institute17. Blesilda A. Gutierrez, CPA, MBA, Deputy ExecutiveDirector, Administrative Services, National Kidney andTransplant Institute18. Eulalia C. Magpusao, MD, Associate Director, Qualityand Patient Safety, St. Luke’s Medical Centre GlobalCity19. Clemencia D. Bondoc, MD, Auditor, Association ofMunicipal Health Officers of the Philippines20. Jesus Randy O. Cañal, MD, FPSO-HNS, AssociateDirector, Medical and Regulatory Affairs, Asian Hospitaland Medical Center21. Maria Fatima Garcia-Lorenzo, President, PhilippineAlliance of Patient Organizations22. Leilanie A. Nicodemus, MD, Board of Directors,Philippine Academy of Family Physicians23. Policarpio B. Joves Jr., MD, President, PhilippineAcademy of Family Physicians24. Kristel Faye Roderos, Faculty, College of Allied MedicalProfessions, University of the Philippines Manila25. Ana Melissa Hilvano-Cabungcal, MD, AssistantAssociate Dean, College of Medicine, University of thePhilippines Manila26. Christopher Malorre Calaquian, MD, Faculty, Collegeof Medicine, University of the Philippines Manila27. Emerito Jose C. Faraon, MD, Faculty, College ofPublic Health, University of the Philippines Manila 28. Carmelita Canila, Faculty, College of Public Health,University of the Philippines Manila29. Oscar D. Tinio, MD, Representative, Philippine MedicalAssociation30. Farrah Rocamora, Member, Philippine Society forQuality in Healthcare, IncRTD: RA 11036 (Mental Health Act):Addressing Mental Health Needs ofOverseas Filipino Workers1. Hilton Y. Lam, MHA, PhD, Chair, University of thePhilippines Manila Health Policy Development Hub;Director, Institute of Health Policy and DevelopmentStudies, University of the Philippines Manila2. Leonardo R. Estacio, Jr., MCD, MPH, PhD, UPManila Health Policy Development Hub; College ofArts and Sciences, UP Manila3. Ma. Esmeralda C. Silva, MPAf, MSPPM, PhD, UPManila Health Policy Development Hub; College ofPublic Health, UP Manila4. Michael Antonio F. Mendoza, DDM, UP ManilaHealth Policy Development Hub; College of Dentistry,UP Manila5. Frances Prescilla L. Cuevas, RN, MAN, Director,Essential Non-Communicable Diseases Division,Department of Health6. Maria Teresa D. De los Santos, Workers Education andMonitoring Division, Philippine Overseas EmploymentAdministration7. Andrelyn R. Gregorio, Policy Program and Development Office,Overseas Workers Welfare Administration8. Sally D. Bongalonta, MA, Institute of Family Life &Children Studies, Philippine Women’s University9. Consul Ferdinand P. Flores, Department of ForeignAffairs10. Jerome Alcantara, BLAS OPLE Policy Center andTraining Institute11. Andrea Luisa C. Anolin, Commission on FilipinoOverseas12. Bernard B. Argamosa, MD, DSBPP, National Centerfor Mental Health13. Agnes Joy L. Casino, MD, DSBPP, National Centerfor Mental Health14. Ryan Roberto E. Delos Reyes, Employment Promotionand Workers Welfare Division, Department of Laborand Employment15. Sheralee Bondad, Legal and International AffairsCluster, Department of Labor and Employment16. Rhodora A. Abano, Center for Migrant Advocacy17. Nina Evita Q. Guzman, Ugnayan at Tulong para saMaralitang Pamilya (UGAT) Foundation, Inc.18. Katrina S. Ching, Ugnayan at Tulong para sa MaralitangPamilya (UGAT) Foundation, Inc.RTD: (Bitter) Sweet Smile of Filipinos1. Dr. Hilton Y. Lam, Institute of Health Policy andDevelopment Studies, NIH2. Dr. Leonardo R. Estacio, Jr., College of Arts andSciences, UP Manila3. Dr. Ma. Esmeralda C. Silva, College of Public Health,UP Manila4. Dr. Michael Antonio F. Mendoza, College of Dentistry,UP Manila5. Dr. Ma. Susan T. Yanga-Mabunga, Department ofHealth Policy & Administration, UP Manila6. Dr. Danilo L. Magtanong, College of Dentistry, UPManila7. Dr. Alvin Munoz Laxamana, Philippine DentalAssociation8. Dr. Fina Lopez, Philippine Pediatric Dental Society, Inc9. Dr. Artemio Licos, Jr.,Department of Health NationalAssociation of Dentists10. Dr. Maria Jona D. Godoy, Professional RegulationCommission11. Ms. Anna Liza De Leon, Philippine Health InsuranceCorporation12. Ms. Nicole Sigmuend, GIZ Fit for School13. Ms. Lita Orbillo, Disease Prevention and Control Bureau14. Mr. Raymond Oxcena Akap sa Bata Philippines15. Dr. Jessica Rebueno-Santos, Department of CommunityDentistry, UP Manila16. Ms. Maria Olivine M. Contreras, Bureau of LocalGovernment Supervision, DILG17. Ms. Janel Christine Mendoza, Philippine DentalStudents Association18. Mr. Eric Raymund Yu, UP College of DentistryStudent Council19. Dr. Joy Memorando, Philippine Pediatric Society20. Dr. Sharon Alvarez, Philippine Association of DentalColleges

Abstract:

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

Abstract:

The term “coffee palace” was primarily used in Australia to describe the temperance hotels that were built in the last decades of the 19th century, although there are references to the term also being used to a lesser extent in the United Kingdom (Denby 174). Built in response to the worldwide temperance movement, which reached its pinnacle in the 1880s in Australia, coffee palaces were hotels that did not serve alcohol. This was a unique time in Australia’s architectural development as the economic boom fuelled by the gold rush in the 1850s, and the demand for ostentatious display that gathered momentum during the following years, afforded the use of richly ornamental High Victorian architecture and resulted in very majestic structures; hence the term “palace” (Freeland 121). The often multi-storied coffee palaces were found in every capital city as well as regional areas such as Geelong and Broken Hill, and locales as remote as Maria Island on the east coast of Tasmania. Presented as upholding family values and discouraging drunkenness, the coffee palaces were most popular in seaside resorts such as Barwon Heads in Victoria, where they catered to families. Coffee palaces were also constructed on a grand scale to provide accommodation for international and interstate visitors attending the international exhibitions held in Sydney (1879) and Melbourne (1880 and 1888). While the temperance movement lasted well over 100 years, the life of coffee palaces was relatively short-lived. Nevertheless, coffee palaces were very much part of Australia’s cultural landscape. In this article, I examine the rise and demise of coffee palaces associated with the temperance movement and argue that coffee palaces established in the name of abstinence were modelled on the coffee houses that spread throughout Europe and North America in the 17th and 18th centuries during the Enlightenment—a time when the human mind could be said to have been liberated from inebriation and the dogmatic state of ignorance. The Temperance Movement At a time when newspapers are full of lurid stories about binge-drinking and the alleged ill-effects of the liberalisation of licensing laws, as well as concerns over the growing trend of marketing easy-to-drink products (such as the so-called “alcopops”) to teenagers, it is difficult to think of a period when the total suppression of the alcohol trade was seriously debated in Australia. The cause of temperance has almost completely vanished from view, yet for well over a century—from 1830 to the outbreak of the Second World War—the control or even total abolition of the liquor trade was a major political issue—one that split the country, brought thousands onto the streets in demonstrations, and influenced the outcome of elections. Between 1911 and 1925 referenda to either limit or prohibit the sale of alcohol were held in most States. While moves to bring about abolition failed, Fitzgerald notes that almost one in three Australian voters expressed their support for prohibition of alcohol in their State (145). Today, the temperance movement’s platform has largely been forgotten, killed off by the practical example of the United States, where prohibition of the legal sale of alcohol served only to hand control of the liquor traffic to organised crime. Coffee Houses and the Enlightenment Although tea has long been considered the beverage of sobriety, it was coffee that came to be regarded as the very antithesis of alcohol. When the first coffee house opened in London in the early 1650s, customers were bewildered by this strange new drink from the Middle East—hot, bitter, and black as soot. But those who tried coffee were, reports Ellis, soon won over, and coffee houses were opened across London, Oxford, and Cambridge and, in the following decades, Europe and North America. Tea, equally exotic, entered the English market slightly later than coffee (in 1664), but was more expensive and remained a rarity long after coffee had become ubiquitous in London (Ellis 123-24). The impact of the introduction of coffee into Europe during the seventeenth century was particularly noticeable since the most common beverages of the time, even at breakfast, were weak “small beer” and wine. Both were safer to drink than water, which was liable to be contaminated. Coffee, like beer, was made using boiled water and, therefore, provided a new and safe alternative to alcoholic drinks. There was also the added benefit that those who drank coffee instead of alcohol began the day alert rather than mildly inebriated (Standage 135). It was also thought that coffee had a stimulating effect upon the “nervous system,” so much so that the French called coffee une boisson intellectuelle (an intellectual beverage), because of its stimulating effect on the brain (Muskett 71). In Oxford, the British called their coffee houses “penny universities,” a penny then being the price of a cup of coffee (Standage 158). Coffee houses were, moreover, more than places that sold coffee. Unlike other institutions of the period, rank and birth had no place (Ellis 59). The coffee house became the centre of urban life, creating a distinctive social culture by treating all customers as equals. Egalitarianism, however, did not extend to women—at least not in London. Around its egalitarian (but male) tables, merchants discussed and conducted business, writers and poets held discussions, scientists demonstrated experiments, and philosophers deliberated ideas and reforms. For the price of a cup (or “dish” as it was then known) of coffee, a man could read the latest pamphlets and newsletters, chat with other patrons, strike business deals, keep up with the latest political gossip, find out what other people thought of a new book, or take part in literary or philosophical discussions. Like today’s Internet, Twitter, and Facebook, Europe’s coffee houses functioned as an information network where ideas circulated and spread from coffee house to coffee house. In this way, drinking coffee in the coffee house became a metaphor for people getting together to share ideas in a sober environment, a concept that remains today. According to Standage, this information network fuelled the Enlightenment (133), prompting an explosion of creativity. Coffee houses provided an entirely new environment for political, financial, scientific, and literary change, as people gathered, discussed, and debated issues within their walls. Entrepreneurs and scientists teamed up to form companies to exploit new inventions and discoveries in manufacturing and mining, paving the way for the Industrial Revolution (Standage 163). The stock market and insurance companies also had their birth in the coffee house. As a result, coffee was seen to be the epitome of modernity and progress and, as such, was the ideal beverage for the Age of Reason. By the 19th century, however, the era of coffee houses had passed. Most of them had evolved into exclusive men’s clubs, each geared towards a certain segment of society. Tea was now more affordable and fashionable, and teahouses, which drew clientele from both sexes, began to grow in popularity. Tea, however, had always been Australia’s most popular non-alcoholic drink. Tea (and coffee) along with other alien plants had been part of the cargo unloaded onto Australian shores with the First Fleet in 1788. Coffee, mainly from Brazil and Jamaica, remained a constant import but was taxed more heavily than tea and was, therefore, more expensive. Furthermore, tea was much easier to make than coffee. To brew tea, all that is needed is to add boiling water, coffee, in contrast, required roasting, grinding and brewing. According to Symons, until the 1930s, Australians were the largest consumers of tea in the world (19). In spite of this, and as coffee, since its introduction into Europe, was regarded as the antidote to alcohol, the temperance movement established coffee palaces. In the early 1870s in Britain, the temperance movement had revived the coffee house to provide an alternative to the gin taverns that were so attractive to the working classes of the Industrial Age (Clarke 5). Unlike the earlier coffee house, this revived incarnation provided accommodation and was open to men, women and children. “Cheap and wholesome food,” was available as well as reading rooms supplied with newspapers and periodicals, and games and smoking rooms (Clarke 20). In Australia, coffee palaces did not seek the working classes, as clientele: at least in the cities they were largely for the nouveau riche. Coffee Palaces The discovery of gold in 1851 changed the direction of the Australian economy. An investment boom followed, with an influx of foreign funds and English banks lending freely to colonial speculators. By the 1880s, the manufacturing and construction sectors of the economy boomed and land prices were highly inflated. Governments shared in the wealth and ploughed money into urban infrastructure, particularly railways. Spurred on by these positive economic conditions and the newly extended inter-colonial rail network, international exhibitions were held in both Sydney and Melbourne. To celebrate modern technology and design in an industrial age, international exhibitions were phenomena that had spread throughout Europe and much of the world from the mid-19th century. According to Davison, exhibitions were “integral to the culture of nineteenth century industrialising societies” (158). In particular, these exhibitions provided the colonies with an opportunity to demonstrate to the world their economic power and achievements in the sciences, the arts and education, as well as to promote their commerce and industry. Massive purpose-built buildings were constructed to house the exhibition halls. In Sydney, the Garden Palace was erected in the Botanic Gardens for the 1879 Exhibition (it burnt down in 1882). In Melbourne, the Royal Exhibition Building, now a World Heritage site, was built in the Carlton Gardens for the 1880 Exhibition and extended for the 1888 Centennial Exhibition. Accommodation was required for the some one million interstate and international visitors who were to pass through the gates of the Garden Palace in Sydney. To meet this need, the temperance movement, keen to provide alternative accommodation to licensed hotels, backed the establishment of Sydney’s coffee palaces. The Sydney Coffee Palace Hotel Company was formed in 1878 to operate and manage a number of coffee palaces constructed during the 1870s. These were designed to compete with hotels by “offering all the ordinary advantages of those establishments without the allurements of the drink” (Murdoch). Coffee palaces were much more than ordinary hotels—they were often multi-purpose or mixed-use buildings that included a large number of rooms for accommodation as well as ballrooms and other leisure facilities to attract people away from pubs. As the Australian Town and Country Journal reveals, their services included the supply of affordable, wholesome food, either in the form of regular meals or occasional refreshments, cooked in kitchens fitted with the latest in culinary accoutrements. These “culinary temples” also provided smoking rooms, chess and billiard rooms, and rooms where people could read books, periodicals and all the local and national papers for free (121). Similar to the coffee houses of the Enlightenment, the coffee palaces brought businessmen, artists, writers, engineers, and scientists attending the exhibitions together to eat and drink (non-alcoholic), socialise and conduct business. The Johnson’s Temperance Coffee Palace located in York Street in Sydney produced a practical guide for potential investors and businessmen titled International Exhibition Visitors Pocket Guide to Sydney. It included information on the location of government departments, educational institutions, hospitals, charitable organisations, and embassies, as well as a list of the tariffs on goods from food to opium (1–17). Women, particularly the Woman’s Christian Temperance Union (WCTU) were a formidable force in the temperance movement (intemperance was generally regarded as a male problem and, more specifically, a husband problem). Murdoch argues, however, that much of the success of the push to establish coffee palaces was due to male politicians with business interests, such as the one-time Victorian premiere James Munro. Considered a stern, moral church-going leader, Munro expanded the temperance movement into a fanatical force with extraordinary power, which is perhaps why the temperance movement had its greatest following in Victoria (Murdoch). Several prestigious hotels were constructed to provide accommodation for visitors to the international exhibitions in Melbourne. Munro was responsible for building many of the city’s coffee palaces, including the Victoria (1880) and the Federal Coffee Palace (1888) in Collins Street. After establishing the Grand Coffee Palace Company, Munro took over the Grand Hotel (now the Windsor) in 1886. Munro expanded the hotel to accommodate some of the two million visitors who were to attend the Centenary Exhibition, renamed it the Grand Coffee Palace, and ceremoniously burnt its liquor licence at the official opening (Murdoch). By 1888 there were more than 50 coffee palaces in the city of Melbourne alone and Munro held thousands of shares in coffee palaces, including those in Geelong and Broken Hill. With its opening planned to commemorate the centenary of the founding of Australia and the 1888 International Exhibition, the construction of the Federal Coffee Palace, one of the largest hotels in Australia, was perhaps the greatest monument to the temperance movement. Designed in the French Renaissance style, the façade was embellished with statues, griffins and Venus in a chariot drawn by four seahorses. The building was crowned with an iron-framed domed tower. New passenger elevators—first demonstrated at the Sydney Exhibition—allowed the building to soar to seven storeys. According to the Federal Coffee Palace Visitor’s Guide, which was presented to every visitor, there were three lifts for passengers and others for luggage. Bedrooms were located on the top five floors, while the stately ground and first floors contained majestic dining, lounge, sitting, smoking, writing, and billiard rooms. There were electric service bells, gaslights, and kitchens “fitted with the most approved inventions for aiding proficients [sic] in the culinary arts,” while the luxury brand Pears soap was used in the lavatories and bathrooms (16–17). In 1891, a spectacular financial crash brought the economic boom to an abrupt end. The British economy was in crisis and to meet the predicament, English banks withdrew their funds in Australia. There was a wholesale collapse of building companies, mortgage banks and other financial institutions during 1891 and 1892 and much of the banking system was halted during 1893 (Attard). Meanwhile, however, while the eastern States were in the economic doldrums, gold was discovered in 1892 at Coolgardie and Kalgoorlie in Western Australia and, within two years, the west of the continent was transformed. As gold poured back to the capital city of Perth, the long dormant settlement hurriedly caught up and began to emulate the rest of Australia, including the construction of ornately detailed coffee palaces (Freeman 130). By 1904, Perth had 20 coffee palaces. When the No. 2 Coffee Palace opened in Pitt Street, Sydney, in 1880, the Australian Town and Country Journal reported that coffee palaces were “not only fashionable, but appear to have acquired a permanent footing in Sydney” (121). The coffee palace era, however, was relatively short-lived. Driven more by reformist and economic zeal than by good business sense, many were in financial trouble when the 1890’s Depression hit. Leading figures in the temperance movement were also involved in land speculation and building societies and when these schemes collapsed, many, including Munro, were financially ruined. Many of the palaces closed or were forced to apply for liquor licences in order to stay afloat. Others developed another life after the temperance movement’s influence waned and the coffee palace fad faded, and many were later demolished to make way for more modern buildings. The Federal was licensed in 1923 and traded as the Federal Hotel until its demolition in 1973. The Victoria, however, did not succumb to a liquor licence until 1967. The Sydney Coffee Palace in Woolloomooloo became the Sydney Eye Hospital and, more recently, smart apartments. Some fine examples still survive as reminders of Australia’s social and cultural heritage. The Windsor in Melbourne’s Spring Street and the Broken Hill Hotel, a massive three-story iconic pub in the outback now called simply “The Palace,” are some examples. Tea remained the beverage of choice in Australia until the 1950s when the lifting of government controls on the importation of coffee and the influence of American foodways coincided with the arrival of espresso-loving immigrants. As Australians were introduced to the espresso machine, the short black, the cappuccino, and the café latte and (reminiscent of the Enlightenment), the post-war malaise was shed in favour of the energy and vigour of modernist thought and creativity, fuelled in at least a small part by caffeine and the emergent café culture (Teffer). Although the temperance movement’s attempt to provide an alternative to the ubiquitous pubs failed, coffee has now outstripped the consumption of tea and today’s café culture ensures that wherever coffee is consumed, there is the possibility of a continuation of the Enlightenment’s lively discussions, exchange of news, and dissemination of ideas and information in a sober environment. References Attard, Bernard. “The Economic History of Australia from 1788: An Introduction.” EH.net Encyclopedia. 5 Feb. (2012) ‹http://eh.net/encyclopedia/article/attard.australia›. Blainey, Anna. “The Prohibition and Total Abstinence Movement in Australia 1880–1910.” Food, Power and Community: Essays in the History of Food and Drink. Ed. Robert Dare. Adelaide: Wakefield Press, 1999. 142–52. Boyce, Francis Bertie. “Shall I Vote for No License?” An address delivered at the Convention of the Parramatta Branch of New South Wales Alliance, 3 September 1906. 3rd ed. Parramatta: New South Wales Alliance, 1907. Clarke, James Freeman. Coffee Houses and Coffee Palaces in England. Boston: George H. Ellis, 1882. “Coffee Palace, No. 2.” Australian Town and Country Journal. 17 Jul. 1880: 121. Davison, Graeme. “Festivals of Nationhood: The International Exhibitions.” Australian Cultural History. Eds. S. L. Goldberg and F. B. Smith. Cambridge: Cambridge UP, 1989. 158–77. Denby, Elaine. Grand Hotels: Reality and Illusion. London: Reaktion Books, 2002. Ellis, Markman. The Coffee House: A Cultural History. London: Weidenfeld & Nicolson, 2004. Federal Coffee Palace. The Federal Coffee Palace Visitors’ Guide to Melbourne, Its Suburbs, and Other Parts of the Colony of Victoria: Views of the Principal Public and Commercial Buildings in Melbourne, With a Bird’s Eye View of the City; and History of the Melbourne International Exhibition of 1880, etc. Melbourne: Federal Coffee House Company, 1888. Fitzgerald, Ross, and Trevor Jordan. Under the Influence: A History of Alcohol in Australia. Sydney: Harper Collins, 2009. Freeland, John. The Australian Pub. Melbourne: Sun Books, 1977. Johnson’s Temperance Coffee Palace. International Exhibition Visitors Pocket Guide to Sydney, Restaurant and Temperance Hotel. Sydney: Johnson’s Temperance Coffee Palace, 1879. Mitchell, Ann M. “Munro, James (1832–1908).” Australian Dictionary of Biography. Canberra: National Centre of Biography, Australian National U, 2006-12. 5 Feb. 2012 ‹http://adb.anu.edu.au/biography/munro-james-4271/text6905›. Murdoch, Sally. “Coffee Palaces.” Encyclopaedia of Melbourne. Eds. Andrew Brown-May and Shurlee Swain. 5 Feb. 2012 ‹http://www.emelbourne.net.au/biogs/EM00371b.htm›. Muskett, Philip E. The Art of Living in Australia. New South Wales: Kangaroo Press, 1987. Standage, Tom. A History of the World in 6 Glasses. New York: Walker & Company, 2005. Sydney Coffee Palace Hotel Company Limited. Memorandum of Association of the Sydney Coffee Palace Hotel Company, Ltd. Sydney: Samuel Edward Lees, 1879. Symons, Michael. One Continuous Picnic: A Gastronomic History of Australia. Melbourne: Melbourne UP, 2007. Teffer, Nicola. Coffee Customs. Exhibition Catalogue. Sydney: Customs House, 2005.

Abstract:

Online shopping is all the rage these days and the murderabilia industry in particular, which specializes in selling serial killer artifacts, is booming. At Spectre Studios, sculptor David Johnson sells flexible plastic action figures of Ted Bundy, Jeffrey Dahmer, and John Wayne Gacy and plans to produce a figure of Jack the Ripper in the future. Although some might think that making action figures of serial killers is tasteless, Johnson hastens to assure the potential consumer that he does have standards: “I wouldn’t do Osama bin Laden . . . I have some personal qualms about that” (Robinson). At Serial Killer Central, you can buy a range of items made by serial killers themselves, including paintings and drawings by Angelo Buono (one of the “Hillside Stranglers”) and Henry Lee Lucas. For the more discerning consumer, Supernaught.com charges a mere $300 for a brick from Dahmer’s apartment building, while a lock of Charles Manson’s hair is a real bargain at $995, shipping and handling not included. The sale of murderabilia is just a small part of the huge serial killer industry that has become a defining feature of American popular culture over the last twenty-five years. This industry is, in turn, a prime example of what Mark Seltzer has described as “wound culture,” consisting of a “public fascination with torn and open bodies and torn and opened persons, a collective gathering around shock, trauma, and the wound” (1). According to Seltzer, the serial killer is “one of the superstars of our wound culture” (2) and his claim is confirmed by the constant stream of movies, books, magazines, television shows, websites, t-shirts, and a tsunami of ephemera that has given the figure of the serial murderer an unparalleled degree of visibility and fame in the contemporary American public sphere. In a culture defined by celebrity, serial killers like Bundy, Dahmer and Gacy are the biggest stars of all, instantly recognized by the vast majority of Americans. Not surprisingly, murderabilia has been the focus of a sustained critique by the (usually self-appointed) guardians of ‘decency’ in American culture. On January 2, 2003 The John Walsh Show, the daytime television vehicle of the long-time host of America’s Most Wanted, featured an “inside look at the world of ‘murderabilia,’ which involves the sale of artwork, personal effects and letters from well-known killers” (The John Walsh Show Website). Featured guests included Andy Kahan, Director of the Mayor’s Crime Victim Assistance Office in Houston, Texas; ‘Thomas,’ who was horrified to find hair samples from “The Railroad Killer,” the individual who killed his mother, for sale on the Internet; Elmer Wayne Henley, a serial killer who sells his artwork to collectors; Joe, who runs “Serial Killer Central” and sells murderabilia from a wide range of killers, and Harold Schechter, a professor of English at Queens College, CUNY. Despite the program’s stated intention to “look at both sides of the issue,” the show was little more than a jeremiad against the murderabilia industry, with the majority of airtime being given to Andy Kahan and to the relatives of crime victims. The program’s bias was not lost on many of those who visited Joe’s Serial Killer Central site and left messages on the message board on the day The John Walsh Show aired. There were some visitors who shared Walsh’s perspective. A message from “serialkillersshouldnotprofit@aol.com,” for example, stated that “you will rot in hell with these killers,” while “Smithpi@hotmail.com” had a more elaborate critique: “You should pull your site off the net. I just watched the John Walsh show and your [sic] a f*cking idiot. I hope your [sic] never a victim, because if you do [sic] then you would understand what all those people were trying to tell you. You [sic] a dumb sh*t.” Most visitors, however, sympathized with the way Joe had been treated on the show: “I as well [sic] saw you on the John Walsh show, you should [sic] a lot of courage going on such a one sided show, and it was sh*t that they wouldnt [sic] let you talk, I would have walked off.” But whether the comments were positive or negative, one thing was clear: The John Walsh Show had created a great deal of interest in the Serial Killer Central site. As one of the messages put it, “I think that anything [sic] else he [John Walsh] has put a spark in everyones [sic] curiousity [sic] . . . I have noticed that you have more hits on your page today than any others [sic].” Apparently, even the most explicit rejection and condemnation of serial killer celebrity finds itself implicated in (and perhaps even unwittingly encouraging the growth of) that celebrity. John Walsh’s attack on the murderabilia industry was the latest skirmish in a campaign that has been growing steadily since the late 1990s. One of the campaign’s initial targets was the internet trading site eBay, which was criticized for allowing serial killer-related products to be sold online. In support of such criticism, conservative victims’ rights and pro-death penalty organizations like “Justice For All” organized online petitions against eBay. In November 2000, Business Week Online featured an interview with Andy Kahan in which he argued that the online sale of murderabilia should be suppressed: “The Internet just opens it all up to millions and millions more potential buyers and gives easy access to children. And it sends a negative message to society. What does it say about us? We continue to glorify killers and continue to put them in the mainstream public. That’s not right” (Business Week). Eventually bowing to public pressure, eBay decided to ban the sale of murderabilia items in May 2001, forcing the industry underground, where it continues to be pursued by the likes of John Walsh. Apart from highlighting how far the celebrity culture around serial killers has developed (so that one can now purchase the nail clippings and hair of some killers, as if they are religious icons), focusing on the ongoing debate around the ethics of murderabilia also emphasizes how difficult it is to draw a neat line between those who condemn and those who participate in that culture. Quite apart from the way in which John Walsh’s censoriousness brought more visitors to the Serial Killer Central site, one could also argue that few individuals have done more to disseminate information about violent crime in general and serial murder in particular to mainstream America than John Walsh. Of course, this information is presented in the unimpeachably moral context of fighting crime, but controversial features of America’s Most Wanted, such as the dramatic recreations of crime, pander to the same prurient public interest in crime that the program simultaneously condemns. An ABCNews.Com article on murderabilia inadvertently highlights the difficulty of distinguishing a legitimate from an illegitimate interest in serial murder by quoting Rick Staton, one of the biggest collectors and dealers of murderabilia in the United States, who emphasizes that the people he sells to are not “ghouls and creeps [who] crawl out of the woodwork”, but rather “pretty much your average Joe Blow.” Even his family, Staton goes on to say, who profess to be disgusted by what he does, act very differently in practice: “The minute they step into this room, they are glued to everything in here and they are asking questions and they are genuinely intrigued by it . . . So it makes me wonder: Am I the one who is so abnormal, or am I pretty normal?” (ABCNews.Com). To answer Staton’s question, we need to go back to 1944, when sociologist Leo Lowenthal published an essay entitled “Biographies in Popular Magazines,” an essay he later reprinted as a chapter in his 1961 book, Literature, Popular Culture And Society, under a new title: “The Triumph of Mass Idols.” Lowenthal argues that biographies in popular magazines underwent a striking change between 1901 and 1941, a change that signals the emergence of a new social type. According to Lowenthal, the earlier biographies indicate that American society’s heroes at the time were “idols of production” in that “they stem from the productive life, from industry, business, and natural sciences. There is not a single hero from the world of sports and the few artists and entertainers either do not belong to the sphere of cheap or mass entertainment or represent a serious attitude toward their art” (112-3). Sampling biographies in magazines from 1941, however, Lowenthal reaches a very different conclusion: “We called the heroes of the past ‘idols of production’: we feel entitled to call the present-day magazine heroes ‘idols of consumption’” (115). Unlike the businessmen, industrialists and scientists who dominated the earlier sample, almost every one of 1941’s heroes “is directly, or indirectly, related to the sphere of leisure time: either he does not belong to vocations which serve society’s basic needs (e.g., the worlds of entertainment and sport), or he amounts, more or less, to a caricature of a socially productive agent” (115). Lowenthal leaves his reader in no doubt that he sees the change from “idols of production” to “idols of consumption” as a serious decline: “If a student in some very distant future should use popular magazines of 1941 as a source of information as to what figures the American public looked to in the first stages of the greatest crisis since the birth of the Union, he would come to a grotesque result . . . the idols of the masses are not, as they were in the past, the leading names in the battle of production, but the headliners of the movies, the ball parks, and the night clubs” (116). With Lowenthal in mind, when one considers the fact that the serial killer is generally seen, in Richard Tithecott’s words, as “deserving of eternal fame, of media attention on a massive scale, of groupies” (144), one is tempted to describe the advent of celebrity serial killers as a further decline in the condition of American culture’s “mass idols.” The serial killer’s relationship to consumption, however, is too complex to allow for such a hasty judgment, as the murderabilia industry indicates. Throughout the edition of The John Walsh Show that attacked murderabilia, Walsh showed clips of Collectors, a recent documentary about the industry. Collectors is distributed by a small company named Abject Films and on their website the film’s director, Julian P. Hobbs, discusses some of the multiple connections between serial killing and consumerism. Hobbs points out that the serial killer is connected with consumerism in the most basic sense that he has become a commodity, “a merchandising phenomenon that rivals Mickey Mouse. From movies to television, books to on-line, serial killers are packaged and consumed en-masse” (Abject Films). But as Hobbs goes on to argue, serial killers themselves can be seen as consumers, making any representations of them implicated in the same consumerist logic: “Serial killers come into being by fetishizing and collecting artifacts – usually body parts – in turn, the dedicated collector gathers scraps connected with the actual events and so, too, a documentary a collection of images” (Abject Films). Along with Rick Staton, Hobbs implies that no one can avoid being involved with consumerism in relation to serial murder, even if one’s reasons for getting involved are high-minded. For example, when Jeffrey Dahmer was murdered in prison in 1994, the families of his victims were delighted but his death also presented them with something of a problem. Throughout the short time Dahmer was in prison, there had been persistent rumors that he was in negotiations with both publishers and movie studios about selling his story. If such a deal had ever been struck, legal restrictions would have prevented Dahmer from receiving any of the money; instead, it would have been distributed among his victims’ families. Dahmer’s murder obviously ended this possibility, so the families explored another option: going into the murderabilia business by auctioning off Dahmer’s property, including such banal items as his toothbrush, but also many items he had used in commission of the murders, such as a saw, a hammer, the 55-gallon vat he used to decompose the bodies, and the refrigerator where he stored the hearts of his victims. Although the families’ motives for suggesting this auction may have been noble, they could not avoid participating in what Mark Pizzato has described as “the prior fetishization of such props and the consumption of [Dahmer’s] cannibal drama by a mass audience” (91). When the logic of consumerism dominates, is anyone truly innocent, or are there just varying degrees of guilt, of implication? The reason why it is impossible to separate neatly ‘legitimate’ and ‘illegitimate’ expressions of interest in famous serial killers is the same reason why the murderabilia industry is booming; in the words of a 1994 National Examiner headline: “Serial Killers Are as American as Apple Pie.” Christopher Sharrett has suggested that: “Perhaps the fetish status of the criminal psychopath . . . is about recognizing the serial killer/mass murderer not as social rebel or folk hero . . . but as the most genuine representative of American life” (13). The enormous resistance to recognizing the representativeness of serial killers in American culture is fundamental to the appeal of fetishizing serial killers and their artifacts. As Sigmund Freud has explained, the act of disavowal that accompanies the formation of a fetish allows a perception (in this case, the Americanness of serial killers) to persist in a different form rather than being simply repressed (352-3). Consequently, just like the sexual fetishists discussed by Freud, although we may recognize our interest in serial killers “as an abnormality, it is seldom felt by [us] as a symptom of an ailment accompanied by suffering” (351). On the contrary, we are usually, in Freud’s words, “quite satisfied” (351) with our interest in serial killers precisely because we have turned them into celebrities. It is our complicated relationship with celebrities, affective as well as intellectual, composed of equal parts admiration and resentment, envy and contempt, that provides us with a lexicon through which we can manage our appalled and appalling fascination with the serial killer, contemporary American culture’s ultimate star. References ABCNews.Com. “Killer Collectibles: Inside the World of ‘Murderabilia.” 7 Nov. 2001. American Broadcasting Company. 9 May 2003 http://www.abcnews.com>. AbjectFilms.Com. “Collectors: A Film by Julian P. Hobbs.” Abject Films. 9 May 2003 http://www.abjectfilms.com/collectors.html>. BusinessWeek Online. 20 Nov. 2000. Business Week. 9 May 2003 http://www.businessweek.com/2000/00_47/b3708056.htm>. Freud, Sigmund. “Fetishism.” On Sexuality. Trans. James Strachey. London: Penguin Books, 1977. 351-7. The John Walsh Show. Ed. Click Active Media. 2 Jan. 2003. 9 May 2003 http://www.johnwalsh.tv/cgi-bin/topics/today/cgi?id=90>. Lowenthal, Leo. “The Triumph of Mass Idols.” Literature, Popular Culture and Society. Englewood Cliffs, NJ: Prentice-Hall, 1961. 109-40. National Examiner. “Serial Killers Are as American as Apple Pie.” 7 Jun. 1994: 7. Pizzato, Mark. “Jeffrey Dahmer and Media Cannibalism: The Lure and Failure of Sacrifice.” Mythologies of Violence in Postmodern Media. Ed. Christopher Sharrett. Detroit: Wayne State UP, 1999. 85-118. Robinson, Bryan. “Murder Incorporated: Denver Sculptor’s Serial Killer Action Figures Bringing in Profits and Raising Ire.” ABCNews.Com 25 Mar. 2002. American Broadcasting Company. 27 Apr. 2003 http://abcnews.com/>. Seltzer, Mark. Serial Killers: Death and Life in America’s Wound Culture. New York: Routledge, 1998. Sharrett, Christopher. “Introduction.” Mythologies of Violence in Postmodern Media. Ed. Christopher Sharrett. Detroit: Wayne State UP, 1999. 9-20. Tithecott, Richard. Of Men and Monsters: Jeffrey Dahmer and the Construction of the Serial Killer. Madison: U of Wisconsin P, 1997. Citation reference for this article MLA Style Schmid, David. "Murderabilia: Consuming Fame." M/C Journal 7.5 (2004). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0411/10-schmid.php>. APA Style Schmid, D. (Nov. 2004) "Murderabilia: Consuming Fame," M/C Journal, 7(5). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0411/10-schmid.php>.

Abstract:

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

Abstract:

When I saw the word ‘bubbles’ my immediate thought went to the painting by John Millais of a child blowing bubbles that subsequently became part of the advertising campaign for Pears soap. Bubbles blown by children, as we all once did, last but a few seconds and lead on naturally to the theme of transience and constant change. Nothing lasts forever, even if human beings make attempts to impose permanence on the world. A child’s disappointment at having a soap bubble burst represents a deep human desire for permanence which is the focus of this article. Before the modern age, human life could be considered to be somewhat like a bubble in that it could be pricked at any time. This was especially the case with babies and young children who could be easily carried off. As Jeremy Taylor put it: but if the bubble stands the shock of a bigger drop, and outlives the chances of a child, of a careless nurse, of drowning in a pail of water, of being overlaid by a sleepy servant, or such little accidents. (9) More generally, human beings understood that there was nothing permanent about their existing circ*mstances and that the possibility of famine, disease and, even war was ever present. Pax Romana, which is eulogised by Edward Gibbon as a felicitous time, did not suffer much in the way of war, famine, or epidemics but it was still a time when many Romans would have suffered from a range of diseases and not always have been well nourished. It was, however, a time of considerable security for most Romans who did not need to fear a band of marauders turning up on their doorstep. Disease and war would follow in the wake of climate change during the next century (Harper). Pax Romana was a bubble of relative tranquillity in human history. For a short period of time, climatic conditions, economic circ*mstances and political stability coalesced to still the winds of time temporarily. But such bubbles were unusual in the European context, which was usually riven by war. Peace reigned, by and large, in the long nineteenth century and in the period following World War II, to which it is possible to attach the name ‘pax moderna’. In China, much longer bubbles have been the norm, but they were succeeded by terrible periods of famine, dislocation, and war. The Ming bubble burst in the seventeenth century amidst a time of cold, famine, and plague (Parker 115-151). In such circ*mstances there was an appreciation of the precariousness of human existence. This had two major effects: A search for permanence in a world of change and uncertainty, a means of creating a bubble that can resist that change. When living in a time of relative stability, dealing with the fear that that stability will only last so long and that bad things may be just around the corner. These two matters form the basis of this article. Human beings create bubbles as they attempt to control change. They then become attached to their bubbles, even to the extent of believing that their bubbles are the real world. This has the effect of bubbles continuing to exist even if they harm human understanding of the world rather than enhancing it. Impermanence is the great reality of human existence; as Heracl*tus (Burnet 136) correctly stated, we cannot place our foot in the same river twice. The extraordinary thing is that human beings possess a plastic nature that allows them to adapt to that impermanence (Melleuish & Rizzo ‘Limits’). The plasticity of human beings, as expressed in their culture, can be seen most clearly in the way that human languages constantly change. This occurs both in terms of word usage and grammatical structure. English was once an inflected language but cases now only really survive in personal pronouns. Words constantly change their meanings, both over time and in different places. Words appear to take on the appearance of permanence; they appear to form bubbles that are encased in lead, even when the reality is that words form multiple fragile bubbles that are constantly being burst and remade. The changing nature of the meaning of words only becomes known to a literate society, in particular a literate society that has a genuine sense of history. In an oral society words are free to change over time and there is little sense of those changes. Writing has the effect of fixing texts into a particular form; at the very least it makes creative reworking of texts much more difficult. Of course, there are counter examples to such a claim, the most famous of which are the Vedas which, it is argued, remained unchanged despite centuries of oral transmission (Doniger104-7). This fixed nature could be achieved because of the strict mode of transmission, ensuring that the hymns did not change when transmitted. As the Vedas are linked to the performance of rituals this exactness was necessary for the rituals to be efficacious (Olivelle xli-xlv). The transmission of words is not the same thing as the transmission of meaning. Nor does it mean that many words that today are used as seemingly universal ideas have always existed. Religion (Nongeri), state (Melleuish, ‘State’), civilisation, and culture (Melleuish, ‘Civilisation’) are all modern creations; ‘identity’ is only about sixty years old (Stokes 2). New words emerge to deal with new circ*mstances. For example, civilisation came into being partially because the old term ‘Christendom’ had become redundant; ‘identity’ replaced an earlier idea of national character. Words, then, are bubbles that human beings cast out onto the world and that appear to create the appearance of permanence. These bubbles encase the real world giving the thing that they name ‘being’, even as that thing is in flux and a condition of becoming. For Parmenides (loc. 1355-1439), the true nature of the world is being. The solidity provided by ‘being’ is a comfort in a world that is constantly changing and in which there is a constant threat of change. Words and ideas do not form stable bubbles, they form a string of bubbles, with individuals constantly blowing out new versions of a word, but they appear as if they were just the one bubble. One can argue, quite correctly, I believe, that this tendency to meld a string of bubbles into a single bubble is central to the human condition and actually helps human beings to come to terms with their existence in the world. ‘Bubble as being’ provides human beings with a considerable capacity to gain a degree of control over their world. Amongst other things, it allows for radical simplification. A.R. Luria (20-47), in his study of the impact of literacy on how human beings think, noted that illiterate Uzbeks classified colour in a complex way but that with the coming of literacy came to accept the quite simple colour classifications of the modern world. Interestingly, Uzbeks have no word for orange; the ‘being’ of colours is a human creation. One would think that this desire for ‘being’, for a world that is composed of ‘constants’, is confined to the world of human culture, but that is not the case. Everyone learns at school that the speed of light is a constant. Rupert Sheldrake (92-3) decided to check the measurement of the speed of light and discovered that the empirical measurements taken of its speed actually varied. Constants give the universe a smooth regularity that it would otherwise lack. However, there are a number of problems that emerge from a too strong attachment to these bubbles of being. One is that the word is mistaken for the thing; the power of the word, the logos, becomes so great that it comes to be assumed that all the objects described by a word must fit into a single model or type. This flies in the face of two realities. One is that every example of a named object is different. Hence, when one does something practically in the world, such as construct a building, one must adjust one’s activities according to local circ*mstances. That the world is heterogeneous explains why human beings need plasticity. They need to adapt their practices as they encounter new and different circ*mstances. If they do not, it may be the case that they will die. The problem with the logos introduced by literacy, the bubble of being, is that it makes human beings less flexible in their dealings with the world. The other reality is human plasticity itself. As word/bubbles are being constantly generated then each bubble will vary in its particular meaning, both at the community and, even, individual, level. Over time words will vary subtly in meaning in different places. There is no agreed common meaning to any word; being is an illusion. Of course, it is possible for governments and other institutions to lay down what the ‘real’ meaning of a word is, much in the same way as the various forms of measurement are defined by certain scientific criteria. This becomes dangerous in the case of abstract nouns. It is the source of ‘heresy’ which is often defined in terms of the meaning of particular words. Multiple, almost infinite, bubbles must be amalgamated into one big bubble. Attempts by logos professionals to impose a single meaning are often resisted by ordinary human beings who generally seem to be quite happy living with a range of bubbles (Tannous; Pegg). One example of mutation of meaning is the word ‘liberal’, which means quite different things in America and Australia. To add to the confusion, there are occasions when liberal is used in Australia in its American sense. This simply illustrates the reality that liberal has no specific ‘being’, some universal idea of which individual liberals are particular manifestations. The problem becomes even worse when one moves between languages and cultures. To give but one example; the ancient Greek word πολις is translated as state but it can be argued that the Greek πολις was a stateless society (Berent). There are good arguments for taking a pragmatic attitude to these matters and assuming that there is a vague general agreement regarding what words such as ‘democracy’ mean, and not to go down the rabbit hole into the wonderland of infinite bubbles. This works so long as individuals understand that bubbles of being are provisional in nature and are capable of being pricked. It is possible, however, for the bubbles to harden and to impose on us what is best described as the ‘tyranny of concepts’, whereby the idea or word obscures the reality. This can occur because some words, especially abstract nouns, have very vague meanings: they can be seen as a sort of cloudy bubble. Again, democracy is good example of a cloudy bubble whose meaning is very difficult to define. A cloudy bubble prevents us from analysing and criticising something too closely. Bubbles exist because human beings desire permanence in a world of change and transience. In this sense, the propensity to create bubbles is as much an aspect of human nature as its capacity for plasticity. They are the product of a desire to ‘tame time’ and to create a feeling of security in a world of flux. As discussed above, a measure of security has not been a common state of affairs for much of human history, which is why the Pax Romana was so idealised. If there is modern ‘bubble’ created by the Enlightenment it is the dream of Kantian perpetual peace, that it is possible to bring a world into being that is marked by permanent peace, in which all the earlier horrors of human existence, from famine to epidemics to war can be tamed and humanity live harmoniously and peacefully forever. To achieve this goal, it was necessary to ‘tame’ history (Melleuish & Rizzo, ‘Philosophy’). This can be done through the idea of progress. History can be placed into a bubble of constant improvement whereby human beings are constantly getting better, not just materially but also intellectually and morally. Progress very easily turns into a utopian fantasy where people no longer suffer and can live forever. The horrors of the first half of the twentieth century did little to dent the power of this bubble. There is still an element of modern culture that dreams of such a world actually coming into being. Human beings may try to convince themselves that the bubble of progress will not burst and that perpetual peace may well be perpetual, but underlying that hope there are deep anxieties born of the knowledge that ‘nothing lasts forever’. Since 1945, the West has lived through a period of peace and relative prosperity, a pax moderna; the European Union is very much a Kantian creation. Underneath the surface, however, contemporary Western culture has a deep fear that the bubble can burst very easily and that the veneer of modern civilisation will be stripped away. This fear manifests itself in a number of ways. One can be seen in the regular articles that appear about the possibility of a comet or asteroid hitting the earth (Drake). Such a collision will eventually occur but it is sixty five million years since the dinosaurs became extinct. Another is the fear of solar storm that could destroy both electricity grids and electronic devices (Britt). Another expression of this fear can be found in forms of artistic expression, including zombie, disaster, and apocalypse movies. These reveal something about the psyche of modernity, and modern democracy, in the same way that Athenian tragedy expressed the hopes and fears of fifth-century Athenian democracy through its elaboration of the great Greek myths. Robert Musil remarks in The Man without Qualities (833) that if humanity dreamed collectively it would dream Moosbrugger, a serial murderer. Certainly, it appears to be the case that when the modern West dreams collectively it dreams of zombies, vampires, and a world in which civilised values have broken down and everyone lives in a Hobbesian state of nature, the war of all against all (Hobbes 86-100). This theme of the bursting of the ‘civilised bubble’ is a significant theme in contemporary culture. In popular culture, two of the best examples of this bursting are the television shows Battlestar Galactica and The Walking Dead. In Galactica, human beings fall prey to the vengeful artificial creatures that they have created and mistreated. In The Walking Dead, as in all post-apocalyptic Zombie creations, the great fear is that human beings will turn into zombies, creatures that have been granted a form of immortality but at the cost of the loss of their souls. The fear of death is primal in all human beings, as is the fear of the loss of one’s humanity after death. This fear is expressed in the first surviving work of human literature, The Epic of Gilgamesh, in which Gilgamesh goes unsuccessfully in search of immortal life. In perhaps the bleakest modern portrayal of a post-apocalyptic world, Cormac McCarthy’s The Road, we encounter the ultimate Hobbesian universe. This is a world that has undergone an apocalypse of unknown origin. There is only darkness and dust and ash; nothing grows any longer and the few survivors are left to scavenge for the food left behind in tins. Or they can eat each other. It is the ultimate war of all against all. The clipped language, the lack of identity of the inhabitants, leads us into something that is almost no longer human. There is little or no hope. Reading The Road one is drawn back to the ‘House of Darkness’ described in The Epic of Gilgamesh, which describes the afterlife in terms of dust (“The Great Myths”): He bound my arms like the wings of a bird, to lead me captive to the house of darkness, seat of Irkalla:to the house which none who enters ever leaves, on the path that allows no journey back, to the house whose residents are deprived of light, where soil is itself their sustenance and clay their food,where they are clad like birds in coats of feathers, and see no light, but dwell in darkness. The Road is a profoundly depressing work, and the movie is barely watchable. In bursting the bubble of immortality, it plays on human fears and anxieties that stretch back millennia. The really interesting question is why such fears should emerge at a time when people in countries like America are living through a period of peace and prosperity. Much as people dream of a bubble of infinite progress and perpetual peace, they instinctively understand that that particular bubble is very fragile and may very easily be punctured. My final example is the less than well-known movie Zardoz, dating from the 1970s and starring Sean Connery. In it, some human beings have achieved ‘immortality’ but the consequences are less than perfect, and the Sean Connery character has the task, given to him by nature, to restore the balance between life and death, just as Gilgamesh had to understand that the two went together. There are some bubbles that are meant to be burst, some realities that human beings have to face if they are to appreciate their place in the scheme of things. Hence, we face a paradox. Human beings are constantly producing bubbles as they chart their way through a world that is also always changing. This is a consequence of their plastic nature. For good reasons, largely out of a desire for stability and security, they also tend to bring these infinite bubbles together into a much smaller number of bubbles that they view as possessing being and hence permanence. The problem is that these ‘bubbles of being’ are treated as if they really described the world in some sort of universal fashion, rather than treated as useful tools. Human beings can become the victims of their own creations. At the same time, human beings have an instinctive appreciation that the world is not stable and fixed, and this appreciation finds its expression in the products of their imagination. They burst bubbles through the use of their imagination in response to their fears and anxieties. Bubbles are the product of the interaction between the changing nature of both the world and human beings and the desire of those human beings for a degree of stability. Human beings need to appreciate both the reality of change and the strengths and weaknesses of bubbles as they navigate their way through the world. References Berent, M. “Stasis, or the Greek Invention of Politics.” History of Political Thought XIX.3 (1998). Britt, R.R. “150 Years Ago: The Worst Solar Storm Ever.” Space.com, 2 Sep. 2009. <https://www.space.com/7224-150-years-worst-solar-storm.html>. Burnet, J. Early Greek Philosophy. London: Adam and Charles Black, 1892. Doniger, W. The Hindus: An Alternative History. Oxford: Oxford University Press, 2009. Drake, N. “Why NASA Plans to Slam a Spacecraft into an Asteroid.” National Geographic, 28 Apr. 2020. <https://www.nationalgeographic.com/science/2020/04/giant-asteroid-nasa-dart-deflection/>. Gibbons, E. The Decline and Fall of the Roman Empire. Vol. 1. New York: Harper, 1836. <https://www.gutenberg.org/files/25717/25717-h/25717-h.htm#chap02.1>. “The Great Myths #6: Enkidu in the Underworld.” <https://wordandsilence.com/2017/11/30/6-enkidu-in-the-underworld-mesopotamian/>. Harper, K. The Fate of Rome: Climate, Disease, & the End of an Empire. Princeton: Princeton University Press, 2017. Hobbes, T. Leviathan. Cambridge: Cambridge University Press, 1991. Kant I. “Perpetual Peace.” In Political Writings, ed. H.S. Reiss. Trans. H.B. Nisbet. Cambridge: Cambridge UP, 1991. 93-130. Luria, A.R. Cognitive Development: Its Cultural and Social Foundations. Trans. M. Lopez-Morillas and L. Solotaroff. Cambridge, Mass.: Harvard UP, 1976. McCarthy, C. The Road. London: Picador, 2006. Melleuish, G.. “The State in World History: Perspectives and Problems.” Australian Journal of Politics and History 48.3 (2002): 322–336. ———. “Civilisation, Culture and Police.” Arts 20 (1998): 7–25. Melleuish, G., and S. Rizzo. “Limits of Naturalism: Plasticity, Finitude and the Imagination.” Cosmos & History 11.1 (2015): 221-238. Melleuish, G., and S.G. Rizzo. “Philosophy of History: Change, Stability and the Tragic Human Condition.” Cosmos and History: The Journal of Natural and Social Philosophy 13.3 (2017): 292-311. Musil, Robert. The Man without Qualities. Vol. 2. Trans. Sophie Wilkins. New York: Vintage International, 1996. Nongeri, B. Before Religion: A History of a Modern Concept. New Haven: Yale UP, 2013. Olivelle, P. Introduction. Upanisads. Trans. Patrick Olivelle. Oxford: Oxford UP, 1996. Parker, G. Global Crisis: War, Climate & Catastrophe in the Seventeenth Century. New Haven: Yale, 2013. Parmenides. Fragments: A Text and Translation with an Introduction by David Gallop. Toronto: U of Toronto P, 1984. Kindle edition. Pegg, M.G. A Most Holy War: The Albigensian Crusade and the Battle for Christendom. Oxford: Oxford UP, 2008. Sheldrake, Rupert. The Science Illusion. London: Coronet: 2013. Stokes, G. Introduction. In The Politics of Identity in Australia, ed. Geoffrey Stokes. Cambridge: Cambridge UP, 1997. Tannous, J. The Making of the Medieval Middle East. Princeton: Princeton UP, 2019. Taylor, J. Holy Dying. Grand Rapids, Mich.: Christian Classics Ethereal Library, 2000.

Abstract:

Probably the most (in)famous Australian teenager of recent times, now-17-year-old Kim Duthie—better known as the “St Kilda Schoolgirl”—first came to public attention when she posted naked pictures of two prominent St Kilda Australian Football League (AFL) players on Facebook. She claimed to be seeking revenge on the players’ teammate for getting her pregnant. This turned out to be a lie. Duthie also claimed that 47-year-old football manager Ricky Nixon gave her drugs and had sex with her. She then said this was a lie, then that she lied about lying. That she lied at least twice is clear, and in doing so, she arguably reinforced the pervasive myth that women are prone to lie about rape and sexual abuse. Precisely what occurred, and why Duthie posted the naked photographs will probably never be known. However, it seems clear that Duthie felt herself wronged. Can she therefore be held entirely to blame for the way she went about seeking redress from a group of men with infinitely more power than she—socially, financially and (in terms of the priority given to elite football in Australian society) culturally? The many judgements passed on Duthie’s behaviour in the media highlight the crucial, seldom-discussed issue of how problematic behaviour on the part of women might reinforce patriarchal norms. This is a particularly sensitive issue in the context of a spate of alleged sexual assaults committed by elite Australian footballers over the past decade. Given that representations of alleged rape cases in the media and elsewhere so often position women as blameworthy for their own mistreatment and abuse, the question of whether or not women can and should be held accountable in certain situations is particularly fraught. By exploring media representations of one of these complex scenarios, we consider how the issue of “complicity” might be understood in a rape culture. In doing so, we employ Auschwitz survivor Primo Levi’s highly influential concept of the “grey zone,” which signifies a complex and ambiguous realm that challenges both judgement and representation. Primo Levi’s “Grey Zone,” Patriarchy and the Problem of Judgement In his essay titled “The Grey Zone” (published in 1986), Levi is chiefly concerned with Jewish prisoners in the Nazi-controlled camps and ghettos who obtained “privileged” positions in order to prolong their survival. Reflecting on the inherently complex power relations in such extreme settings, Levi positions the “grey zone” as a metaphor for moral ambiguity: a realm with “ill-defined outlines which both separate and join the two camps of masters and servants. [The ‘grey zone’] possesses an incredibly complicated internal structure, and contains within itself enough to confuse our need to judge” (27). According to Levi, an examination of the scenarios and experiences that gave rise to the “grey zone” requires a rejection of the black-and-white binary opposition(s) of “friend” and “enemy,” “good” and “evil.” While Levi unequivocally holds the perpetrators of the Holocaust responsible for their actions, he warns that one should suspend judgement of victims who were entrapped in situations of moral ambiguity and “compromise.” However, recent scholarship on the representation of “privileged” Jews in Levi’s writings and elsewhere has identified a “paradox of judgement”: namely, that even if moral judgements of victims in extreme situations should be suspended, such judgements are inherent in the act of representation, and are therefore inevitable (see Brown). While the historical specificity of Levi’s reflections must be kept in mind, the corruptive influences of power at the core of the “grey zone”—along with the associated problems of judgement and representation—are clearly far more prevalent in human nature and experience than the Holocaust alone. Levi’s “grey zone” has been appropriated by scholars in the fields of Holocaust studies (Petropoulos and Roth xv-xviii), philosophy (Todorov 262), law (Luban 161–76), history (Cole 248–49), theology (Roth 53–54), and popular culture (Cheyette 226–38). Significantly, Claudia Card (The Atrocity Paradigm, “Groping through Gray Zones” 3–26) has recently applied Levi’s concept to the field of feminist philosophy. Indeed, Levi’s questioning of whether or not one can—or should—pass judgement on the behaviour of Holocaust victims has considerable relevance to the divisive issue of how women’s involvement in/with patriarchy is represented in the media. Expanding or intentionally departing from Levi’s ideas, many recent interpretations of the “grey zone” often misunderstand the historical specificity of Levi’s reflections. For instance, while applying Levi’s concept to the effects of patriarchy and domestic violence on women, Lynne Arnault makes the problematic statement that “in order to establish the cruelty and seriousness of male violence against women as women, feminists must demonstrate that the experiences of victims of incest, rape, and battering are comparable to those of war veterans, prisoners of war, political prisoners, and concentration camp inmates” (183, n.9). It is important to stress here that it is not our intention to make direct parallels between the Holocaust and patriarchy, or between “privileged” Jews and women (potentially) implicated in a rape culture, but to explore the complexity of power relations in society, what behaviour eventuates from these, and—most crucial to our discussion here—how such behaviour is handled in the mass media. Aware of the problem of making controversial (and unnecessary) comparisons, Card (“Women, Evil, and Gray Zones” 515) rightly stresses that her aim is “not to compare suffering or even degrees of evil but to note patterns in the moral complexity of choices and judgments of responsibility.” Card uses the notion of the “Stockholm Syndrome,” citing numerous examples of women identifying with their torturers after having been abused or held hostage over a prolonged period of time—most (in)famously, Patricia Hearst. While the medical establishment has responded to cases of women “suffering” from “Stockholm Syndrome” by absolving them from any moral responsibility, Card writes that “we may have a morally gray area in some cases, where there is real danger of becoming complicit in evildoing and where the captive’s responsibility is better described as problematic than as nonexistent” (“Women, Evil, and Gray Zones” 511). Like Levi, Card emphasises that issues of individual agency and moral responsibility are far from clear-cut. At the same time, a full awareness of the oppressive environment—in the context that this paper is concerned with, a patriarchal social system—must be accounted for. Importantly, the examples Card uses differ significantly from the issue of whether or not some women can be considered “complicit” in a rape culture; nevertheless, similar obstacles to understanding problematic situations exist here, too. In the context of a rape culture, can women become, to use Card’s phrase, “instruments of oppression”? And if so, how is their controversial behaviour to be understood and represented? Crucially, Levi’s reflections on the “grey zone” were primarily motivated by his concern that most historical and filmic representations “trivialised” the complexity of victim experiences by passing simplistic judgements. Likewise, the representation of sexual assault cases in the Australian mass media has often left much to be desired. Representing Sexual Assault: Australian Football and the Media A growing literature has critiqued the sexual culture of elite football in Australia—one in which women are reportedly treated with disdain, positioned as objects to be used and discarded. At least 20 distinct cases, involving more than 55 players and staff, have been reported in the media, with the majority of these incidents involving multiple players. Reports indicate that such group sexual encounters are commonplace for footballers, and the women who participate in sexual practices are commonly judged, even in the sports scholarship, as “groupies” and “slu*ts” who are therefore responsible for anything that happens to them, including rape (Waterhouse-Watson, “Playing Defence” 114–15; “(Un)reasonable Doubt”). When the issue of footballers and sexual assault was first debated in the Australian media in 2004, football insiders from both Australian rules and rugby league told the media of a culture of group sex and sexual behaviour that is degrading to women, even when consensual (Barry; Khadem and Nancarrow 4; Smith 1; Weidler 4). The sexual “culture” is marked by a discourse of abuse and objectification, in which women are cast as “meat” or a “bun.” Group sex is also increasingly referred to as “chop up,” which codes the practice itself as an act of violence. It has been argued elsewhere that footballers treating women as sexual objects is effectively condoned through the mass media (Waterhouse-Watson, “All Women Are slu*ts” passim). The “Code of Silence” episode of ABC television program Four Corners, which reignited the debate in 2009, was even more explicit in portraying footballers’ sexual practices as abusive, presenting rape testimony from three women, including “Clare,” who remains traumatised following a “group sex” incident with rugby league players in 2002. Clare testifies that she went to a hotel room with prominent National Rugby League (NRL) players Matthew Johns and Brett Firman. She says that she had sex with Johns and Firman, although the experience was unpleasant and they treated her “like a piece of meat.” Subsequently, a dozen players and staff members from the team then entered the room, uninvited, some through the bathroom window, expecting sex with Clare. Neither Johns nor Firman has denied that this was the case. Clare went to the police five days later, saying that professional rugby players had raped her, although no charges were ever laid. The program further includes psychiatrists’ reports, and statements from the police officer in charge of the case, detailing the severe trauma that Clare suffered as a result of what the footballers called “sex.” If, as “Code of Silence” suggests, footballers’ practices of group sex are abusive, whether the woman consents or not, then it follows that such a “gang-bang culture” may in turn foster a rape culture, in which rape is more likely than in other contexts. And yet, many women insist that they enjoy group sex with footballers (Barry; Drill 86), complicating issues of consent and the degradation of women. Feminist rape scholarship documents the repetitive way in which complainants are deemed to have “invited” or “caused” the rape through their behaviour towards the accused or the way they were dressed: defence lawyers, judges (Larcombe 100; Lees 85; Young 442–65) and even talk show hosts, ostensibly aiming to expose the problem of rape (Alcoff and Gray 261–64), employ these tactics to undermine a victim’s credibility and excuse the accused perpetrator. Nevertheless, although no woman can be in any way held responsible for any man committing sexual assault, or other abuse, it must be acknowledged that women who become in some way implicated in a rape culture also assist in maintaining that culture, highlighting a “grey zone” of moral ambiguity. How, then, should these women, who in some cases even actively promote behaviour that is intrinsic to this culture, be perceived and represented? Charmyne Palavi, who appeared on “Code of Silence,” is a prime example of such a “grey zone” figure. While she stated that she was raped by a prominent footballer, Palavi also described her continuing practice of setting up footballers and women for casual sex through her Facebook page, and pursuing such encounters herself. This raises several problems of judgement and representation, and the issue of women’s sexual freedom. On the one hand, Palavi (and all other women) should be entitled to engage in any consensual (legal) sexual behaviour that they choose. But on the other, when footballers’ frequent casual sex is part of a culture of sexual abuse, there is a danger of them becoming complicit in, to use Card’s term, “evildoing.” Further, when telling her story on “Code of Silence,” Palavi hints that there is an element of increased risk in these situations. When describing her sexual encounters with footballers, which she states are “on her terms,” she begins, “It’s consensual for a start. I’m not drunk or on drugs and it’s in, [it] has an element of class to it. Do you know what I mean?” (emphasis added). If it is necessary to define sex “on her terms” as consensual, this implies that sometimes casual “sex” with footballers is not consensual, or that there is an increased likelihood of rape. She also claims to have heard about several incidents in which footballers she knows sexually abused and denigrated, if not actually raped, other women. Such an awareness of what may happen clearly does not make Palavi a perpetrator of abuse, but neither can her actions (such as “setting up” women with footballers using Facebook) be considered entirely separate. While one may argue, following Levi’s reflections, that judgement of a “grey zone” figure such as Palavi should be suspended, it is significant that Four Corners’s representation of Palavi makes implicit and simplistic moral judgements. The introduction to Palavi follows the story of “Caroline,” who states that first-grade rugby player Dane Tilse broke into her university dormitory room and sexually assaulted her while she slept. Caroline indicates that Tilse left when he “picked up that [she] was really stressed.” Following this story, the program’s reporter and narrator Sarah Ferguson introduces Palavi with, “If some young footballers mistakenly think all women want to have sex with them, Charmyne Palavi is one who doesn’t necessarily discourage the idea.” As has been argued elsewhere (Waterhouse-Watson, “Framing the Victim”), this implies that Palavi is partly responsible for players holding this mistaken view. By implication, she therefore encouraged Tilse to assume that Caroline would want to have sex with him. Footage is then shown of Palavi and her friends “applying the finishing touches”—bronzing their legs—before going to meet footballers at a local hotel. The lighting is dim and the hand-held camerawork rough. These techniques portray the women as artificial and “cheap,” techniques that are also employed in a remarkably similar fashion in the documentary Footy Chicks (Barry), which follows three women who seek out sex with footballers. In response to Ferguson’s question, “What’s the appeal of those boys though?” Palavi repeats several times that she likes footballers mainly because of their bodies. This, along with the program’s focus on the women as instigators of sex, positions Palavi as something of a predator (she was widely referred to as a “cougar” following the program). In judging her “promiscuity” as immoral, the program implies she is partly responsible for her own rape, as well as acts of what can be termed, at the very least, sexual abuse of other women. The problematic representation of Palavi raises the complex question of how her “grey zone” behaviour should be depicted without passing trivialising judgements. This issue is particularly fraught when Four Corners follows the representation of Palavi’s “nightlife” with her accounts of footballers’ acts of sexual assault and abuse, including testimony that a well-known player raped Palavi herself. While Ferguson does not explicitly question the veracity of Palavi’s claim of rape, her portrayal is nevertheless largely unsympathetic, and the way the segment is edited appears to imply that she is blameworthy. Ferguson recounts that Palavi “says she was able to put [being raped] out of her mind, and it certainly didn’t stop her pursuing other football players.” This might be interpreted a positive statement about Palavi’s ability to move on from a rape; however, the tone of Ferguson’s authoritative voiceover is disapproving, which instead implies negative judgement. As the program makes clear, Palavi continues to organise sexual encounters between women and players, despite her knowledge of the “dangers,” both to herself and other women. Palavi’s awareness of the prevalence of incidents of sexual assault or abuse makes her position a problematic one. Yet her controversial role within the sexual culture of elite Australian football is complicated even further by the fact that she herself is disempowered (and her own allegation of being raped delegitimised) by the simplistic ideas about “assault” and “consent” that dominate social discourse. Despite this ambiguity, Four Corners constructs Palavi as more of a perpetrator of abuse than a victim—not even a victim who is “morally compromised.” Although we argue that careful consideration must be given to the issue of whether moral judgements should be applied to “grey zone” figures like Palavi, the “solution” is far from simple. No language (or image) is neutral or value-free, and judgements are inevitable in any act of representation. In his essay on the “grey zone,” Levi raises the crucial point that the many (mis)understandings of figures of moral ambiguity and “compromise” partly arise from the fact that the testimony and perspectives of these figures themselves is often the last to be heard—if at all (50). Nevertheless, an article Palavi published in Sydney tabloid The Daily Telegraph (19) demonstrates that such testimony can also be problematic and only complicate matters further. Palavi’s account begins: If you believed Four Corners, I’m supposed to be the NRL’s biggest groupie, a wannabe WAG who dresses up, heads out to clubs and hunts down players to have sex with… what annoys me about these tags and the way I was portrayed on that show is the idea I prey on them like some of the starstruck women I’ve seen out there. (emphasis added) Palavi clearly rejects the way Four Corners constructed her as a predator; however, rather than rejecting this stereotype outright, she reinscribes it, projecting it onto other “starstruck” women. Throughout her article, Palavi reiterates (other) women’s allegedly predatory behaviour, continually portraying the footballers as passive and the women as active. For example, she claims that players “like being contacted by girls,” whereas “the girls use the information the players put on their [social media profiles] to track them down.” Palavi’s narrative confirms this construction of men as victims of women’s predatory actions, lamenting the sacking of Johns following “Code of Silence” as “disgusting.” In the context of alleged sexual assault, the “predatory woman” stereotype is used in place of the raped woman in order to imply that sexual assault did not occur; hence Palavi’s problematic discourse arguably reinforces sexist attitudes. But can Palavi be considered complicit in validating this damaging stereotype? Can she be blamed for working within patriarchal systems of representation, of which she has also been a victim? The preceding analysis shows judgement to be inherent in the act of representation. The paucity of language is particularly acute when dealing with such extreme situations. Indeed, the language used to explore this issue in the present article cannot escape terminology that is loaded with meaning(s), which quotation marks can perhaps only qualify so far. Conclusion This paper does not claim to provide definitive answers to such complex dilemmas, but rather to highlight problems in addressing the sensitive issues of ambiguity and “complicity” in women’s interactions with patriarchal systems, and how these are represented in the mass media. Like the controversial behaviour of teenager Kim Duthie described earlier, Palavi’s position throws the problems of judgement and representation into disarray. There is no simple solution to these problems, though we do propose that these “grey zone” figures be represented in a self-reflexive, nuanced manner by explicitly articulating questions of responsibility rather than making simplistic judgements that implicitly lessen perpetrators’ culpability. Levi’s concept of the “grey zone” helps elucidate the fraught issue of women’s potential complicity in a rape culture, a subject that challenges both understanding and representation. Despite participating in a culture that promotes the abuse, denigration, and humiliation of women, the roles of women like Palavi cannot in any way be conflated with the roles of the perpetrators of sexual assault. These and other “grey zones” need to be constantly rethought and renegotiated in order to develop a fuller understanding of human behaviour. References Alcoff, Linda Martin, and Laura Gray. “Survivor Discourse: Transgression or Recuperation.” Signs 18.2 (1993): 260–90. 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Brown, Adam. “Beyond ‘Good’ and ‘Evil’: Breaking Down Binary Oppositions in Holocaust Representations of ‘Privileged’ Jews.” History Compass 8.5 (2010): 407–18. ———. “Confronting ‘Choiceless Choices’ in Holocaust Videotestimonies: Judgement, ‘Privileged’ Jews, and the Role of the Interviewer.” Continuum: Journal of Media and Communication Studies, Special Issue: Interrogating Trauma: Arts & Media Responses to Collective Suffering 24.1 (2010): 79–90. ———. “Marginalising the Marginal in Holocaust Films: Fictional Representations of Jewish Policemen.” Limina: A Journal of Historical and Cultural Studies 15 (2009). 14 Oct. 2011 ‹http://www.limina.arts.uwa.edu.au/previous/vol11to15/vol15/ibpcommended?f=252874›. ———. “‘Privileged’ Jews, Holocaust Representation and the ‘Limits’ of Judgement: The Case of Raul Hilberg.” Ed. Evan Smith. Europe’s Expansions and Contractions: Proceedings of the XVIIth Biennial Conference of the Australasian Association of European Historians (Adelaide, July 2009). Unley: Australian Humanities Press, 2010: 63–86. ———. “The Trauma of ‘Choiceless Choices’: The Paradox of Judgement in Primo Levi’s ‘Grey Zone.’” Trauma, Historicity, Philosophy. Ed. Matthew Sharpe. Newcastle upon Tyne: Cambridge Scholars, 2007: 121–40. ———. “Traumatic Memory and Holocaust Testimony: Passing Judgement in Representations of Chaim Rumkowski.” Colloquy: Text, Theory, Critique, 15 (2008): 128–44. Card, Claudia. The Atrocity Paradigm: A Theory of Evil. New York: Oxford UP, 2002. ———. “Groping through Gray Zones.” On Feminist Ethics and Politics. Ed. Claudia Card. Lawrence: University Press of Kansas, 1999: 3–26. ———. “Women, Evil, and Gray Zones.” Metaphilosophy 31.5 (2000): 509–28. Cheyette, Bryan. “The Uncertain Certainty of Schindler’s List.” Spielberg’s Holocaust: Critical Perspectives on Schindler’s List. Ed. Yosefa Losh*tzky. Bloomington: Indiana UP, 1997: 226–38. “Code of Silence.” Four Corners. Australian Broadcasting Corporation (ABC). Australia, 2009. Cole, Tim. Holocaust City: The Making of a Jewish Ghetto. New York: Routledge, 2003. Drill, Stephen. “Footy Groupie: I Am Not Ashamed.” Sunday Herald Sun, 24 May 2009: 86. Gavey, Nicola. Just Sex? The Cultural Scaffolding of Rape. East Sussex: Routledge, 2005. Khadem, Nassim, and Kate Nancarrow. “Doing It for the Sake of Your Mates.” Sunday Age, 21 Mar. 2004: 4. Larcombe, Wendy. Compelling Engagements: Feminism, Rape Law and Romance Fiction. Sydney: Federation Press, 2005. Lees, Sue. Ruling Passions. Buckingham: Open UP, 1997. Levi, Primo. The Drowned and the Saved. Translated by Raymond Rosenthal. London: Michael Joseph, 1986. Luban, David. “A Man Lost in the Gray Zone.” Law and History Review 19.1 (2001): 161–76. Masters, Roy. Bad Boys: AFL, Rugby League, Rugby Union and Soccer. Sydney: Random House Australia, 2006. Palavi, Charmyne. “True Confessions of a Rugby League Groupie.” Daily Telegraph 19 May 2009: 19. Petropoulos, Jonathan, and John K. Roth, eds. Gray Zones: Ambiguity and Compromise in the Holocaust and Its Aftermath. New York: Berghahn, 2005. Roth, John K. “In Response to Hannah Holtschneider.” Fire in the Ashes: God, Evil, and the Holocaust. Eds. David Patterson and John K. Roth. Seattle: U of Washington P, 2005: 50–54. Smith, Wayne. “Gang-Bang Culture Part of Game.” The Australian 6 Mar. 2004: 1. Todorov, Tzvetan. Facing the Extreme: Moral Life in the Concentration Camps. Translated by Arthur Denner and Abigail Pollack. London: Weidenfeld and Nicolson, 1991. Waterhouse-Watson, Deb. “All Women Are slu*ts: Australian Rules Football and Representations of the Feminine.” Australian Feminist Law Journal 27 (2007): 155–62. ———. “Framing the Victim: Sexual Assault and Australian Footballers on Television.” Australian Feminist Studies (2011, in press). ———. “Playing Defence in a Sexual Assault ‘Trial by Media’: The Male Footballer’s Imaginary Body.” Australian Feminist Law Journal 30 (2009): 109–29. ———. “(Un)reasonable Doubt: Narrative Immunity for Footballers against Allegations of Sexual Assault.” M/C Journal 14.1 (2011). Weidler, Danny. “Players Reveal Their Side of the Story.” Sun Herald 29 Feb. 2004: 4. Young, Alison. “The Waste Land of the Law, the Wordless Song of the Rape Victim.” Melbourne University Law Review 2 (1998): 442–65.

Abstract:

Introduction Many people interpret the word ‘cult’ through specific connotations, including, but not limited to, a community of like-minded people on the edge of civilization, often led by a charismatic leader, with beliefs that are ‘other’ to societal ‘norms’. Cults are often perceived as deviant, regularly incorporating elements of crime, especially physical and sexual violence. The adoption by some cults of a special uniform or dress code has been readily picked up by popular culture and has become a key ‘defining’ characteristic of the nature of a cult. In this article, we use the semiotic framework of myth, as discussed by Barthes, to demonstrate how cult uniforms become semiotic myths of popular culture. Narratively, the myth of the cult communicates violence, deviance, manipulation, and brainwashing. The myth of on-screen cults has derived itself from a reflexive pop culture foundation. From popular culture inspiring cults to cults inspiring popular culture and back again, society generates its cult myth through three key mechanisms: medicalisation, deviance amplification, and convergence. This means we are at risk of misrepresenting the true nature of cults, creating a definition incongruent with reality. This article traces the history of cults, the expectations of cult behaviour, and the semiotics of uniforms to start the discussion on why society is primed to accept a confusion between nature and the semiotic messaging of “what-goes-without-saying” (Barthes Mythologies 11). Semiotics and Myth Following the basic groundwork of de Saussure in the early 1900s, semiotics is the study of signs and how we use signs to derive meaning from the external world (de Saussure). Barthes expanded on this with his series of essays in Mythologies, adding a layer of connotation that leads to myth (Barthes Mythologies). Connotation, as described by Barthes, is the interaction between signs, feelings, and values. The connotations assigned to objects and concepts become a system of communication that is a message, the message becomes myth. The myth is not defined by the object or concept, but by the way society collectively understands it and all its connotations (Barthes Elements of Semiology 89-91). For scholars like Barthes, languages and cultural artifacts lend themselves to myth because many of our concepts are vague and abstract. Because the concept is vague, it is easy to impose our own values and ideologies upon it. This also means different people can interpret the same concept in different ways (Barthes Mythologies 132). The concept of a cult is no exception. Cults mean different things to different people and the boundaries between cults and religious or commercial organisations are often contested. As a pop culture artifact, the meaning of cults has been generated through repeated exposure in different media and genres. Similarly, pop culture (tv, films, news, etc.) often has the benefit of fiction, which separates itself from the true nature of cults (sensu Barthes Mythologies). Yet, through repeated exposure, we begin to share a universal meaning for the term and all the behaviours understood within the myth. Our repeated exposure to the signs of cults in pop culture is the combined effect of news media and fiction slowly building upon itself in a reflexive manner. We hear news reports of cults behaving in obscure ways, followed by a drama, parody, critique, or satire in a fictitious story. The audience then begins to see the repeated narrative as evidence to the true nature of cults. Over time the myth of the cult naturalises into the zeitgeist as concretely as any other sign, word, or symbol. Once the myth is naturalised, it is better used as a narrative device when affixed to a universally recognised symbol, such as the uniform. The uniform becomes an efficient device for communicating meaning in a short space of time. We argue that the concept of cult as myth has entered a collective understanding, and so, it is necessary to reflect on the mechanisms that drove the correlations which ultimately created the myth. Barthes’s purpose for analysing myth was “to track down, in the decorative display of what-goes-without-saying, the ideological abuse which, in my view, is hidden there” (Barthes Mythologies 11). For this reason, we must briefly look at the history of cults and their relationship with crime. A Brief History of Cults ‘Cult’ derives from the Latin root, cultus, or cultivation, and initially referred to forms of religious worship involving special rituals and ceremonies directed towards specific figures, objects, and/or divine beings. Early to mid-twentieth century sociologists adopted and adapted the term to classify a kind of religious organisation and later to signal new forms of religious expression not previously of primary or singular interest to the scholar of religion (Campbell; Jackson and Jobling; Nelson). The consequences were such that ‘cult’ came to carry new weight in terms of its meaning and reception, and much like other analytical concepts developed an intellectual significance regarding religious innovation it had not previously possessed. Unfortunately, this was not to last. By the early 1990s, ‘cult’ had become a term eschewed by scholars as pejorative, value-laden, and disparaging of its supposed subject matter; a term denuded of technical and descriptive meaning and replaced by more value-neutral alternatives (Dillon and Richardson; Richardson; Chryssides and Zeller). Results from well-published surveys (Pfeifer; Olson) and our own experience in teaching related subject matter revealed predominantly negative attitudes towards the term ‘cult’, with the inverse true for the alternative descriptors. Perhaps more importantly, the surveys revealed that for the public majority, knowledge of ‘cults’ came via media reportage of particularly the sensational few, rather than from direct experience of new religions or their members more generally (Pfeifer). For example, the Peoples Temple, Branch Davidian, and Heaven’s Gate groups featured heavily in news and mass media. Importantly, reporting of each of the tragic events marking their demise (in 1978, 1993, and 1997 respectively) reinforced a burgeoning stereotype and escalated fears about cults in our midst. The events in Jonestown, Guyana (Peoples Temple), especially, bolstered an anticult movement of purported cult experts and deprogrammers offering to save errant family members from the same fate as those who died [there]. The anticult movement portrayed all alleged cults as inherently dangerous and subject only to internal influences. They figured the charismatic leader as so powerful that he could take captive the minds of his followers and make them do whatever he wanted. (Crockford 95) While the term ‘new religious movement’ (NRM) has been used in place of cults within the academic sphere, ‘cult’ is still used within popular culture contexts precisely because of the connotations it inspires, with features including charismatic leaders, deprogrammers, coercion and mind-control, deception, perversion, exploitation, deviance, religious zealotry, abuse, violence, and death. For this reason, we still use the word cult to mean the myth of the cult as represented by popular culture. Representations of Cults and Expectations of Crime Violence and crime can be common features of some cults. Most NRMs “stay within the boundaries of the law” and practice their religion peacefully (Szubin, Jensen III, and Gregg 17). Unfortunately, it is usually those cults that are engaged in violence and crime that become newsworthy, and thus shape public ‘knowledge’ about the nature of cults and drive public expectations. Two of America’s most publicised cults, Charles Manson and the Manson Family and the Peoples Temple, are synonymous with violence and crime. Prior to committing mass suicide by poison in Jonestown, the Peoples Temple accumulated many guns as well as killing Congressman Leo Ryan and members of his party. Similarly, Charles Manson and the Manson Family stockpiled weapons, participated in illegal drug use, and murdered seven people, including Hollywood actor Sharon Tate. The high-profile victims of both groups ensured ongoing widespread media attention and continuous popular culture interest in both groups. Other cults are more specifically criminal in nature: for example, the Constanzo group in Matamoros, while presenting as a cult, are also a drug gang, leading to many calling these groups narco-cults (Kail 56). Sexual assault and abuse are commonly associated with cults. There have been numerous media reports worldwide on the sexual abuse of (usually) women and/or children. For example, a fourteen-year-old in the Children of God group alleged that she was raped when she disobeyed a leader (Rudin 28). In 2021, the regional city of Armidale, Australia, became national news when a former soldier was arrested on charges of “manipulating a woman for a ‘cult’ like purpose” (McKinnell). The man, James Davis, styles himself as the patriarch of a group known as the ‘House of Cadifor’. Police evidence includes six signed “slavery contracts”, as well as 70 witnesses to support the allegation that Mr Davis subjected a woman to “ongoing physical, sexual and psychological abuse and degradation” as well as unpaid prostitution and enslavement (McKinnell). Cults and Popular Culture The depiction of cults in popular culture is attracting growing attention. Scholars Lynn Neal (2011) and Joseph Layco*ck (2013) have initiated this research and identified consistent stereotypes of 'cults’ being portrayed throughout popular media. Neal found that cults began to be featured in television shows as early as the 1950s and 1960s, continually escalating until the 1990s before dropping slightly between 2000 and 2008 (the time the research was concluded). Specifically, there were 10 episodes between 1958-1969; 19 in the 1970s, which Neal attributes to the “rise of the cult scare and intense media scrutiny of NRMs” (97); 25 in the 1980s; 72 in the 1990s; and 59 between 2000 and 2008. Such academic research has identified that popular culture is important in the formation of the public perception, and social definition, of acceptable and deviant religions (Layco*ck 81). Layco*ck argues that representations of cults in popular culture reinforces public narratives about cults in three important ways: medicalisation, deviance amplification, and convergence. Medicalisation refers to the depiction of individuals becoming brainwashed and deprogrammed. The medicalisation of cults can be exacerbated by the cult uniform and clinical, ritualistic behaviours. Deviance amplification, a term coined by Leslie Wilkins in the 1960s, is the phenomenon of ‘media hype’, where the media selects specific examples of deviant behaviour, distorting them (Wilkins), such that a handful of peripheral cases appears representative of a larger social problem (Layco*ck 84). Following the deviance amplification, there is then often a 'moral panic' (a term coined by Stanley Cohen in 1972) where the problem is distorted and heightened within the media. Cults are often subject to deviance amplification within the media, leading to moral panics about the ‘depraved’, sexual, criminal, and violent activities of cults preying on and brainwashing innocents. Convergence “is a rhetorical device associated with deviance amplification in which two or more activities are linked so as to implicitly draw a parallel between them” (Layco*ck 85). An example of convergence occurred when the Branch Davidians were compared to the Peoples Temple, ultimately leading the FBI “to end the siege through an aggressive ‘dynamic entry’ in part because they feared such a mass suicide” (Layco*ck 85). The FBI transferred responsibility for the deaths to ‘mass suicide’, which has become the common narrative of events at Waco. Each of the three mechanisms have an important role to play in the popular culture presentation of cults to audiences. Popular media sources, fictional or not, are incentivised to present the most diabolical cult to the audience – and this often includes the medicalised elements of brainwashing and manipulation. This presentation reinforces existing deviance amplification and moral panics around the depraved activities of cults, and in particular sexual and criminal activities. And finally, convergence acts as a 'cultural script’ where the portrayal of these types of characteristics (brainwashing, criminal or violent behaviour, etc.) is automatically associated with cults. As Layco*ck argues, “in this way, popular culture has a unique ability to promote convergence and, by extension, deviance amplification” (85). The mechanisms of medicalisation, deviance amplification and convergence are important to the semiotic linking of concepts, signs, and signifiers in the process of myth generation. In efficiently understanding the message of the myth, the viewer must have a sign they can affix to it. In the case of visual mediums this must be immediate and certain. As many of the convergent properties of cults are behavioural (acts of violence and depravity, charismatic leaders, etc.), we need a symbol that audiences can understand immediately. Uniforms achieve this with remarkable efficiency. Upon seeing a still, two-dimensional image of people wearing matching garb it can be made easily apparent that they are part of a cult. Religious uniforms are one of the first visual images one conjures upon hearing the word cult: “for most people the word ‘cult’ conjures up ‘60s images of college students wearing flowing robes, chanting rhythmically and spouting Eastern philosophy” (Salvatore cited in Petherick 577; italics in original). The impact is especially pronounced if the clothes are atypical, anachronistic, or otherwise different to the expected clothes of the context. This interpretation then becomes cemented through the actions of the characters. In Rick and Morty, season 1, episode 10, Morty is imprisoned with interdimensional versions of himself. Despite some morphological differences, each Morty is wearing his recognisable yellow top and blue pants. While our Morty’s back is turned, five hooded, robed figures in atypical garb with matching facial markings approach Morty. The audience is immediately aware that this is a cult. The comparison between the uniform of Morty and the Morty cult exemplifies the use of cult uniform in the myth of Cults. The cult is then cemented through chanting and a belief in the “One true Morty” (Harmon et al.). Semiotics, Clothes, and Uniforms The semiotics of clothes includes implicit, explicit, and subliminal signs. The reasons we choose to wear what we wear is governed by multiple factors both within our control and outside of it: for instance, our body shape, social networks and economic status, access to fashion and choice (Barthes The Fashion System; Hackett). We often choose to communicate aspects of our identity through what we wear or what we choose not to wear. Our choice of clothing communicates aspects of who we are, but also who we want to be (Hackett; Simmel; Veblen) Uniforms are an effective and efficient communicative device. Calefato’s classification of uniforms is not only as those used by military and working groups, but also including the strictly coded dress of subcultures. Unlike other clothes which can be weakly coded, uniforms differentiate themselves through their purposeful coded signalling system (Calefato). To scholars such as Jennifer Craik, uniforms intrigue us because they combine evident statements as well as implied and subliminal communications (Craik). Theories about identity predict that processes similar to the defining of an individual are also important to group life, whereby an individual group member's conceptualisation of their group is derived from the collective identity (Horowitz; Lauger). Collective identities are regularly emphasised as a key component in understanding how groups gain meaning and purpose (Polletta and Jasper). The identity is generally constructed and reinforced through routine socialisation and collective action. Uniforms are a well-known means of creating collective identities. They restrict one’s clothing choices and use boundary-setting rituals to ensure commitment to the group. In general, the more obvious the restriction, the easier it is to enforce. Demanding obvious behaviours from members, unique to the community, simultaneously generates a differentiation between the members and non-members, while enabling self-enforcement and peer-to-peer judgments of commitment. Leaders of religious movements like cults and NRMs will sometimes step back from the punitive aspects of nonconformity. Instead, it falls to the members to maintain the discipline of the collective (Kelley 109). This further leads to a sense of ownership and therefore belonging to the community. Uniforms are an easy outward-facing signal that allows for ready discrimination of error. Because they are often obvious and distinctive dress, they constrain and often stigmatise members. In other collective situations such as with American gangs, even dedicated members will deny their gang affiliation if it is advantageous to do so (Lauger Real Gangstas). While in uniform, individuals cannot hide their membership, making the sacrifice more costly. Members are forced to take one hundred percent of the ownership and participate wholly, or not at all. Through this mechanism, cults demonstrate the medicalisation of the members. Leaders may want their members to be unable to escape or deny affiliation. Similarly, their external appearances might invite persecution and therefore breed resilience, courage, and solidarity. It is, in essence, a form of manipulation (see for instance Iannaccone). Alternatively, as Melton argues, members may want to be open and proud of their organisation, as displayed through them adopting their uniforms (15). The uniform of cults in popular media is a principal component of medicalisation, deviance amplification, and convergence. The uniform, often robes, offers credence to the medicalisation aspect: members of cults are receiving ‘treatment’ — initially, negative treatment while being brainwashed, and then later helpful/saving treatment when being deprogrammed, providing they survive a mass suicide attempt and/or, criminal, sexual, or violent escapades. Through portraying cult members in a distinctive uniform, there is no doubt for the audience who is receiving or in need of treatment. Many of the cults portrayed on screen can easily communicate the joining of a cult by changing the characters' dress. Similarly, by simply re-dressing the character, it is communicated that the character has returned to normal, they have been saved, they are a survivor. In Unbreakable Kimmy Schmidt, while three of the four ‘Mole women’ integrate back into society, Gretchen Chalker continues to believe in their cult; as such she never takes of her cult uniform. In addition, the employment of uniforms for cult members in popular culture enables an instant visual recognition of ‘us’ and ‘them’, or ‘normal’ and ‘abnormal’, and reinforces stereotypical notions of social order and marginalised, deviant (religious) groups (Neal 83). The clothing differences are obvious in The Simpsons season 9, episode 13, “Joy of Sect”: ‘Movementarian’ members, including the Simpsons, don long flowing robes. The use of cult uniform visualises their fanatical commitment to the group. It sets them apart from the rest of Springfield and society (Neal 88-89). The connection between uniforms and cults derives two seemingly paradoxical meanings. Firstly, it reduces the chances of the audience believing that the cult employed ‘deceptive recruiting’ techniques. As Melton argues, because of the association our society has with uniforms and cults, “it is very hard for someone to join most new religions, given their peculiar dress and worship practices, without knowing immediately its religious nature” (14). As such, within popular media, the presence of the uniform increases the culpability of those who join the cult. Contrarily, the character in uniform is a sign that the person has been manipulated and/or brainwashed. This reduces the culpability of the cult member. However, the two understandings are not necessarily exclusive. It is possible to view the cult member as a naïve victim, someone who approached the cult as an escape from their life but was subsequently manipulated into behaving criminally. This interpretation is particularly powerful because it indicates cults can prey on anyone, and that anyone could become a victim of a cult. This, in turn, heightens the moral panic surrounding cults and NRMs. The on-screen myth of the cult as represented by its uniform has a basis in the real-life history of NRMs. Heaven’s Gate members famously died after they imbibed fatal doses of alcohol and barbiturates to achieve their ‘final exit’. Most members were found laid out on beds covered in purple shrouds, all wearing matching black shirts, black pants, and black and white Nike shoes. The famous photos of Warren Jeffs’s polygamous Fundamentalist Church of Jesus Christ of Latter-Day Saints, the subject of Netflix’s Keep Sweet: Pray and Obey, depict multiple women in matching conservative dresses with matching hairstyles gathered around a photo of Jeffs. The image and uniform are a clear influence on the design of Unbreakable’s ‘Mole women’. A prime example of the stereotype of cult uniforms is provided by the Canadian comedy program The Red Green Show when the character Red tells Harold “cults are full of followers, they have no independent thought, they go to these pointless meetings ... they all dress the same” (episode 165). The statement is made while the two main characters Red and Harold are standing in matching outfits. Blurring Nature and Myth Importantly, the success of these shows very much relies on audiences having a shared conception of NRMs and the myth of the cult. This is a curious combination of real and fictional knowledge of the well-publicised controversial events in history. Fictional cults frequently take widely held perspectives of actual religious movements and render them either more absurd or more frightening (Layco*ck 81). Moreover, the blurring of fictional and non-fictional groups serves to reinforce the sense that all popular culture cults and their real-world counterparts are the same; that they all follow a common script. In this, there is convergence between the fictional and the real. The myth of the cult bleeds from the screen into real life. The Simpsons’ “The Joy of Sect” was televised in the year following the suicide of the 39 members of the Heaven’s Gate group, and the storyline in part was influenced by it. Importantly, as a piercing, satirical critique of middle-class America, the “Joy of Sect” not only parodied traditional and non-traditional religion generally (as well as the ‘cult-like’ following of mass media such as Fox); scholars have shown that it also parodied the ‘cult’ stereotype itself (Feltmate). While Heaven’s Gate influenced to a greater or lesser extent each of the TV shows highlighted thus far, it was also the case that the group incorporated into its eschatology aspects of popular culture linked primarily to science fiction. For example, group members were known to have regularly watched and discussed episodes of Star Trek (Hoffmann and Burke; Sconce), adopting aspects of the show’s vernacular in “attempts to relate to the public” (Gate 163). Words such as ‘away-team’, ‘prime-directive’, ‘hologram’, ‘Captain’, ‘Admiral’, and importantly ‘Red-Alert’ were adopted; the latter, often signalling code-red situations in Star Trek episodes, appeared on the Heaven’s Gate Website in the days just prior to their demise. Importantly, allusions to science fiction and Star Trek were incorporated into the group’s self-styled ‘uniform’ worn during their tragic ritual-suicide. Stitched into the shoulders of each of their uniforms were triangular, Star Trek-inspired patches featuring various celestial bodies along with a tagline signalling the common bond uniting each member: “Heaven’s Gate Away Team” (Sconce). Ironically, with replica patches readily for sale online, and T-shirts and hoodies featuring modified though similar Heaven’s Gate symbolism, this ‘common bond’ has been commodified in such a way as to subvert its original meaning – at least as it concerned ‘cult’ membership in the religious context. The re-integration of cult symbols into popular culture typifies the way we as a society detachedly view the behaviours of cults. The behaviour of cults is anecdotally viewed through a voyeuristic lens, potentially exacerbated by the regular portrayals of cults through parody. Scholars have demonstrated how popular culture has internationally impacted on criminological aspects of society. For instance, there was a noted, international increase in unrealistic expectations of jurors wanting forensic evidence during court cases after the popularity of forensic science in crime dramas (Franzen; Wise). After the arrest of James Davis in Armidale, NSW, Australia, the Sydney Morning Herald reported that Davis was the patriarch of the “House of Cadifor” and he was part of a “cult” (both reported in inverted commas). The article also includes an assumption from Davis's lawyer that, in discussing the women of the group, “the Crown might say ‘they’ve been brainwashed’”. Similarly, the article references the use of matching collars by the women (Mitchell). Nine News reported that the “ex-soldier allegedly forced tattooed, collared sex slave into prostitution”, bringing attention to the clothing as part of the coercive techniques of Davis. While the article does not designate the House of Cadifor as a cult, they include a quote from the Assistant Commissioner Justine Gough, “Mr Davis' group has cult-like qualities”, and included the keyword ‘cults’ for the article. Regrettably, the myth of cults and real-world behaviours of NRMs do not always align, and a false convergence is drawn between the two. Furthermore, the consistent parodying and voyeuristic nature of on-screen cults means we might be at fault of euphemising the crimes and behaviours of those deemed to be part of a ‘cult’. Anecdotally, the way Armidale locals discussed Davis was through a lens of excitement and titillation, as if watching a fictional story unfold in their own backyard. The conversations and news reporting focussed on the cult-like aspects of Davis and not the abhorrence of the alleged crimes. We must remain mindful that the cinematic semiology of cults and the myth as represented by their uniform dress and behaviours is incongruent with the nature of NRMs. However, more work needs to be done to better understand the impact of on-screen cults on real-world attitudes and beliefs. Conclusion The myth of the cult has entered a shared understanding within today’s zeitgeist, and the uniform of the cult stands at its heart as a key sign of the myth. Popular culture plays a key role in shaping this shared understanding by following the cultural script, slowly layering fact with fiction, just as fact begins to incorporate the fiction. The language of the cult as communicated through their uniforms is, we would argue, universally understood and purposeful. The ubiquitous representation of cults portrays a deviant group, often medicalised, and subject to deviance amplification and convergence. When a group of characters is presented to the audience in the same cult dress, we know what is being communicated to us. Fictional cults in popular culture continue to mirror the common list of negative features attributed to many new religious movements. Such fictional framing has come to inform media-consumer attitudes in much the same way as news media, reflecting as they do the cultural stock of knowledge from which our understandings are drawn, and which has little grounding in the direct or immediate experience of the phenomena in question. In short, the nature of NRMs has become confused with the myth of the cult. More research is needed to understand the impact of the myth of the cult. However, it is important to ensure “what-goes-without-saying” is not obfuscating, euphemising, or otherwise misrepresenting nature. References Barthes, Roland. Elements of Semiology. London: Jonathon Cape, 1967. ———. The Fashion System. U of California P, 1990. ———. Mythologies. Trans. 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Real Gangstas: Legitimacy, Reputation, and Violence in the Intergang Environment. Ithaca, NY: Rutgers UP, 2012. McKinnell, Jamie. "Alleged Sex 'Cult' Leader James Davis's Trial Will Hear from 70 Witnesses, Court Hears." ABC News 2021. Melton, J. Gordon. Encyclopedic Handbook of Cults in America. Routledge, 2014. Mitchell, Georgina. "James Davis Refused Bail over ‘Holding Woman as Slave, Coercing Her into Sex Work’." The Sydney Morning Herald 17 Mar. 2021. <https://www.smh.com.au/national/nsw/james-davis-refused-bail-over-holding-woman-as-slave-coercing-her-into-sex-work-20210317-p57bn7.html>. Nelson, Geoffrey K. "The Spiritualist Movement and the Need for a Redefinition of Cult." Journal for the Scientific Study of Religion 8.1 (1969): 152-60. Nine News. "Ex-Soldier Allegedly Forced Tattooed, Collared Sex Slave into Prostitution." Nine News Mar. 2021. <https://www.9news.com.au/national/james-davis-house-of-cadifor-alleged-slave-forced-into-sex/48738435-74cd-403d-acc9-e998f7cad08c>. Olson, Paul J. "The Public Perception of 'Cults' and 'New Religious Movements'." Journal for the Scientific Study of Religion 45.1 (2006): 97-106. Petherick, Wayne. "Chapter 20 – Cults." The Psychology of Criminal and Antisocial Behavior. Eds. Wayne Petherick and Grant Sinnamon. Academic Press, 2017. 565-88. Pfeifer, Jeffrey E. "The Psychological Framing of Cults: Schematic Representations and Cult Evaluations." Journal of Applied Social Psychology 22.7 (1992): 531-44. Polletta, Francesca, and James M. Jasper. "Collective Identity and Social Movements." Annual Review of Sociology 27 (2001): 283-305. Richardson, James T. "Definitions of Cult: From Sociological-Technical to Popular-Negative." Review of Religious Research 34.4 (1993): 348-56.. Rudin, Marcia R. "The Cult Phenomenon: Fad or Fact." NYU Rev. L. & Soc. Change 9 (1979): 17. Salvatore, D. "Soul Searching: Cults Targeting an Older Pool of Recruits." Ladies Home Journal, Chicago Sun Times 1987. Sconce, Jeffrey. 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Abstract:

IntroductionMusically-inclined people often speak about the soundtrack of their life, with certain songs indelibly linked to a specific moment. When hearing a particular song, it can “easily evoke a whole time and place, distant feelings and emotions, and memories of where we were, and with whom” (Lewis 135). Music has the ability to provide maps to real and imagined spaces, positioning people within a larger social environment where songs “are never just a song, but a connection, a ticket, a pass, an invitation, a node in a complex network” (Kun 3). When someone is lost in the music, they can find themselves transported somewhere else entirely without physically moving. This can be a blessing in some situations, for example, while living in a disaster zone, when almost any other time or place can seem better than the here and now. The city of Christchurch, New Zealand was hit by a succession of damaging earthquakes beginning with a magnitude 7.1 earthquake in the early hours of 4 September 2010. The magnitude 6.3 earthquake of 22 February 2011, although technically an aftershock of the September earthquake, was closer and shallower, with intense ground acceleration that caused much greater damage to the city and its people (“Scientists”). It was this February earthquake that caused the total or partial collapse of many inner city buildings, and claimed the lives of 185 people. Everybody in Christchurch lost someone or something that day: their house or job; family members, friends, or colleagues; the city as they knew it; or their normal way of life. The broken central city was quickly cordoned off behind fences, with the few entry points guarded by local and international police and armed military personnel.In the aftermath of a disaster, circ*mstances and personal attributes will influence how people react, think and feel about the experience. Surviving a disaster is more than not dying, “survival is to do with quality of life [and] involves progressing from the event and its aftermath, and transforming the experience” (Hodgkinson and Stewart 2). In these times of heightened stress, music can be a catalyst for sharing and expressing emotions, connecting people and communities, and helping them make sense of what has happened (Carr 38; Webb 437). This article looks at some of the ways that popular songs and musical memories helped residents of a broken city remember the past and come to terms with the present.BackgroundExisting songs can take on new significance after a catastrophic event, even without any alteration. Songs such as Do You Know What It Means to Miss New Orleans? and Prayer for New Orleans have been given new emotional layers by those who were displaced or affected by Hurricane Katrina (Cooper 265; Sullivan 15). A thirty year-old song by Randy Newman, Louisiana, 1927, became something of “a contemporary anthem, its chorus – ‘Louisiana, they’re trying to wash us away’ – bearing new relevance” (Blumenfeld 166). Contemporary popular songs have also been re-mixed or revised after catastrophic events, either by the original artist or by others. Elton John’s Candle in the Wind and Beyonce’s Halo have each been revised twice by the artist after tragedy and disaster (Doyle; McAlister), while radio stations in the United States have produced commemorative versions of popular songs to mark tragedies and their anniversaries (Beaumont-Thomas; Cantrell). The use and appreciation of music after disaster is a reminder that popular music is fluid, in that it “refuses to provide a uniform or static text” (Connell and Gibson 3), and can simultaneously carry many different meanings.Music provides a soundtrack to daily life, creating a map of meaning to the world around us, or presenting a reminder of the world as it once was. Tia DeNora explains that when people hear a song that was once heard in, and remains associated with, a particular time and place, it “provides a device for unfolding, for replaying, the temporal structure of that moment, [which] is why, for so many people, the past ‘comes alive’ to its soundtrack” (67). When a community is frequently and collectively casting their minds back to a time before a catastrophic change, a sense of community identity can be seen in the use of, and reaction to, particular songs. Music allows people to “locate themselves in different imaginary geographics at one and the same time” (Cohen 93), creating spaces for people to retreat into, small ‘audiotopias’ that are “built, imagined, and sustained through sound, noise, and music” (Kun 21). The use of musical escape holes is prevalent after disaster, as many once-familiar spaces that have changed beyond recognition or are no longer able to be physically visited, can be easily imagined or remembered through music. There is a particular type of longing expressed by those who are still at home and yet cannot return to the home they knew. Whereas nostalgia is often experienced by people far from home who wish to return or those enjoying memories of a bygone era, people after disaster often encounter a similar nostalgic feeling but with no change in time or place: a loss without leaving. Glenn Albrecht coined the term ‘solastalgia’ to represent “the form of homesickness one experiences when one is still at home” (35). This sense of being unable to find solace in one’s home environment can be brought on by natural disasters such as fire, flood, earthquakes or hurricanes, or by other means like war, mining, climate change or gentrification. Solastalgia is often felt most keenly when people experience the change first-hand and then have to adjust to life in a totally changed environment. This can create “chronic distress of a solastalgic kind [that] would persist well after the acute phase of post-traumatic distress” (Albrecht 36). Just as the visible, physical effects of disaster last for years, so too do the emotional effects, but there have been many examples of how the nostalgia inherent in a shared popular music soundtrack has eased the pain of solastalgia for a community that is hurting.Pop Songs and Nostalgia in ChristchurchIn September 2011, one year after the initial earthquake, the Bank of New Zealand (BNZ) announced a collaboration with Christchurch hip hop artist, Scribe, to remake his smash hit, Not Many, for charity. Back in 2003, Not Many debuted at number five on the New Zealand music charts, where it spent twelve weeks at number one and was crowned ‘Single of the Year’ (Sweetman, On Song 164). The punchy chorus heralded Scribe as a force to be reckoned with, and created a massive imprint on New Zealand popular culture with the line: “How many dudes you know roll like this? Not many, if any” (Scribe, Not Many). Music critic, Simon Sweetman, explains how “the hook line of the chorus [is now] a conversational aside that is practically unavoidable when discussing amounts… The words ‘not many’ are now truck-and-trailered with ‘if any’. If you do not say them, you are thinking them” (On Song 167). The strong links between artist and hometown – and the fact it is an enduringly catchy song – made it ideal for a charity remake. Reworded and reworked as Not Many Cities, the chorus now asks: “How many cities you know roll like this?” to which the answer is, of course, “not many, if any” (Scribe/BNZ, Not Many Cities). The remade song entered the New Zealand music charts at number 36 and the video was widely shared through social media but not all reception was positive. Parts of the video were shot in the city’s Red Zone, the central business district that was cordoned off from public access due to safety concerns. The granting of special access outraged some residents, with letters to the editor and online commentary expressing frustration that celebrities were allowed into the Red Zone to shoot a music video while those directly affected were not allowed in to retrieve essential items from residences and business premises. However, it is not just the Red Zone that features: the video switches between Scribe travelling around the broken inner city on the back of a small truck and lingering shots of carefully selected people, businesses, and groups – all with ties to the BNZ as either clients or beneficiaries of sponsorship. In some ways, Not Many Cities comes across like just another corporate promotional video for the BNZ, albeit with more emotion and a better soundtrack than usual. But what it has bequeathed is a snapshot of the city as it was in that liminal time: a landscape featuring familiar buildings, spaces and places which, although damaged, was still a recognisable version of the city that existed before the earthquakes.Before Scribe burst onto the music scene in the early 2000s, the best-known song about Christchurch was probably Christchurch (in Cashel St. I wait), an early hit from the Exponents (Mitchell 189). Initially known as the Dance Exponents, the group formed in Christchurch in the early 1980s and remained local and national favourites thanks to a string of hits Sweetman refers to as “the question-mark songs,” such as Who Loves Who the Most?, Why Does Love Do This to Me?, and What Ever Happened to Tracey? (Best Songwriter). Despite disbanding in 1999, the group re-formed to be the headline act of ‘Band Together’—a multi-artist, outdoor music event organised for the benefit of Christchurch residents by local musician, Jason Kerrison, formerly of the band OpShop. Attended by over 140,000 people (Anderson, Band Together), this nine-hour event brought joy and distraction to a shaken and stressed populace who, at that point in time (October 2010), probably thought the worst was over.The Exponents took the stage last, and chose Christchurch (in Cashel St. I Wait) as their final number. Every musician involved in the gig joined them on stage and the crowd rose to their feet, singing along with gusto. A local favourite since its release in 1985, the verses may have been a bit of a mumble for some, but the chorus rang out loud and clear across the park: Christchurch, In Cashel Street I wait,Together we will be,Together, together, together, One day, one day, one day,One day, one day, one daaaaaay! (Exponents, “Christchurch (in Cashel St. I Wait)”; lyrics written as sung)At that moment, forming an impromptu community choir of over 100,000 people, the audience was filled with hope and faith that those words would come true. Life would go on and people would gather together in Cashel Street and wait for normality to return, one day. Later the following year, the opening of the Re:Start container mall added an extra layer of poignancy to the song lyrics. Denied access to most of the city’s CBD, that one small part of Cashel Street now populated with colourful shipping containers was almost the only place in central Christchurch where people could wait. There are many music videos that capture the central city of Christchurch as it was in decades past. There are some local classics, like The Bats’ Block of Wood and Claudine; The Shallows’ Suzanne Said; Moana and the Moahunters’ Rebel in Me; and All Fall Down’s Black Gratten, which were all filmed in the 1980s or early 1990s (Goodsort, Re-Live and More Music). These videos provide many flashback moments to the city as it was twenty or thirty years ago. However, one post-earthquake release became an accidental musical time capsule. The song, Space and Place, was released in February 2013, but both song and video had been recorded not long before the earthquakes occurred. The song was inspired by the feelings experienced when returning home after a long absence, and celebrates the importance of the home town as “a place that knows you as well as you know it” (Anderson, Letter). The chorus features the line, “streets of common ground, I remember, I remember” (Franklin, Mayes, and Roberts, Space and Place), but it is the video, showcasing many of the Christchurch places and spaces only recently lost to the earthquakes, that tugs at people’s heartstrings. The video for Space and Place sweeps through the central city at night, with key heritage buildings like the Christ Church Cathedral, and the Catholic Basilica lit up against the night sky (both are still damaged and inaccessible). Producer and engineer, Rob Mayes, describes the video as “a love letter to something we all lost [with] the song and its lyrics [becoming] even more potent, poignant, and unexpectedly prescient post quake” (“Songs in the Key”). The Arts Centre features prominently in the footage, including the back alleys and archways that hosted all manner of night-time activities – sanctioned or otherwise – as well as many people’s favourite hangout, the Dux de Lux (the Dux). Operating from the corner of the Arts Centre site since the 1970s, the Dux has been described as “the city’s common room” and “Christchurch’s beating heart” by musicians mourning its loss (Anderson, Musicians). While the repair and restoration of some parts of the Arts Centre is currently well advanced, the Student Union building that once housed this inner-city social institution is not slated for reopening until 2019 (“Rebuild and Restore”), and whether the Dux will be welcomed back remains to be seen. Empty Spaces, Missing PlacesA Facebook group, ‘Save Our Dux,’ was created in early March 2011, and quickly filled with messages and memories from around the world. People wandered down memory lane together as they reminisced about their favourite gigs and memorable occasions, like the ‘Big Snow’ of 1992 when the Dux served up mulled wine and looked more like a ski chalet. Memories were shared about the time when the music video for the Dance Exponents’ song, Victoria, was filmed at the Dux and the Art Deco-style apartment building across the street. The reminiscing continued, establishing and strengthening connections, with music providing a stepping stone to shared experience and a sense of community. Physically restricted from visiting a favourite social space, people were converging in virtual hangouts to relive moments and remember places now cut off by the passing of time, the falling of bricks, and the rise of barrier fences.While waiting to find out whether the original Dux site can be re-occupied, the business owners opened new venues that housed different parts of the Dux business (live music, vegetarian food, and the bars/brewery). Although the fit-out of the restaurant and bars capture a sense of the history and charm that people associate with the Dux brand, the empty wasteland and building sites that surround the new Dux Central quickly destroy any illusion of permanence or familiarity. Now that most of the quake-damaged buildings have been demolished, the freshly-scarred earth of the central city is like a child’s gap-toothed smile. Wandering around the city and forgetting what used to occupy an empty space, wanting to visit a shop or bar before remembering it is no longer there, being at the Dux but not at the Dux – these are the kind of things that contributed to a feeling that local music writer, Vicki Anderson, describes as “lost city syndrome” (“Lost City”). Although initially worried she might be alone in mourning places lost, other residents have shared similar experiences. In an online comment on the article, one local resident explained how there are two different cities fighting for dominance in their head: “the new keeps trying to overlay the old [but] when I’m not looking at pictures, or in seeing it as it is, it’s the old city that pushes its way to the front” (Juniper). Others expressed relief that they were not the only ones feeling strangely homesick in their own town, homesick for a place they never left but that had somehow left them.There are a variety of methods available to fill the gaps in both memories and cityscape. The Human Interface Technology Laboratory New Zealand (HITLab), produced a technological solution: interactive augmented reality software called CityViewAR, using GPS data and 3D models to show parts of the city as they were prior to the earthquakes (“CityViewAR”). However, not everybody needed computerised help to remember buildings and other details. Many people found that, just by listening to a certain song or remembering particular gigs, it was not just an image of a building that appeared but a multi-sensory event complete with sound, movement, smell, and emotion. In online spaces like the Save Our Dux group, memories of favourite bands and songs, crowded gigs, old friends, good times, great food, and long nights were shared and discussed, embroidering a rich and colourful tapestry about a favourite part of Christchurch’s social scene. ConclusionMusic is strongly interwoven with memory, and can recreate a particular moment in time and place through the associations carried in lyrics, melody, and imagery. Songs can spark vivid memories of what was happening – when, where, and with whom. A song shared is a connection made: between people; between moments; between good times and bad; between the past and the present. Music provides a soundtrack to people’s lives, and during times of stress it can also provide many benefits. The lyrics and video imagery of songs made in years gone by have been shown to take on new significance and meaning after disaster, offering snapshots of times, people and places that are no longer with us. Even without relying on the accompanying imagery of a video, music has the ability to recreate spaces or relocate the listener somewhere other than the physical location they currently occupy. This small act of musical magic can provide a great deal of comfort when suffering solastalgia, the feeling of homesickness one experiences when the familiar landscapes of home suddenly change or disappear, when one has not left home but that home has nonetheless gone from sight. The earthquakes (and the demolition crews that followed) have created a lot of empty land in Christchurch but the sound of popular music has filled many gaps – not just on the ground, but also in the hearts and lives of the city’s residents. 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Abstract:

This article is about refugees’ and migrants’ dreams of home and family and stems from an Australian Research Council Linkage Grant, “A Hand Up: Disrupting the Communication of Intergenerational Welfare Dependency” (LP140100935), with Partner Organisation St Vincent de Paul Society (WA) Inc. (Vinnies). A Vinnies-supported refugee and migrant support centre was chosen as one of the hubs for interviewee recruitment, given that many refugee families experience persistent and chronic economic disadvantage. The de-identified name for the drop-in language-teaching and learning social facility is the Migrant and Refugee Homebase (MARH). At the time of the research, in 2018, refugee and forced migrant families from Syria, Iraq, and Afghanistan constituted MARH’s primary membership base. MARH provided English language classes alongside other educational and financial support. It could also organise provision of emergency food and was a conduit for furniture donated by Australian families. Crucially, MARH operated as a space in which members could come together to build shared community.As part of her role, the researcher was introduced to Sara (de-identified), a mother-tongue Arabic speaker and the centre’s coordinator. Sara had personal experience of being a refugee, as well as being MARH’s manager, and she became both a point of contact for the researcher team, an interpreter/translator, and an empathetic listener as refugees shared their stories. Dreams of home and family emerged throughout the interviews as a vital part of participants’ everyday lives. These dreams and hopes were developed in the face of what was, for some, a nightmare of adversity. Underpinning participants’ sense of agency, subjectivity and resilience, Badiou argues (93, as noted in Jackson, 241) that hope can appear as a basic form of patience or perseverance rather than a dream for justice. Instead of imagining an improvement in personal circ*mstances, the dream is one of simply moving forward rather than backward. While dreams of being reunited with family are rooted in the past and project a vision of a family which no longer exists, these dreams help fashion a future which once again contains a range of possibilities.Although Sara volunteered her time on the research project as part of her commitment to Vinnies, she was well-known to interviewees as a MARH staff member and, in many cases, a friend and confidante. While Sara’s manager role implies an imbalance of power, with Sara powerful and participants comparatively less so, the majority of the information explored in the interviews pertained to refugees’ experiences of life outside the sphere in which MARH is engaged, so there was limited risk of the data being sanitised to reflect positively upon MARH. The specialist information and understandings that the interviewees shared positions them as experts, and as co-creators of knowledge.Recruitment and Methodological ApproachThe project researcher (Jaunzems) met potential contributors at MARH when its members gathered for a coffee morning. With Sara’s assistance, the researcher invited MARH members to take part in the research project, giving those present the opportunity to ask and have answered any questions they deemed important. Coffee morning attendees were under no obligation to take part, and about half chose not to do so, while the remainder volunteered to participate. Sara scheduled the interviews at times to suit the families participating. A parent and child from each volunteer family was interviewed, separately. In all cases it was the mother who volunteered to take part, and all interviewees chose to be interviewed in their homes. Each set of interviews was digitally recorded and lasted no longer than 90 minutes. This article includes extracts from interviews with three mothers from refugee families who escaped war-torn homelands for a new life in Australia, sometimes via interim refugee camps.The project researcher conducted the in-depth interviews with Sara’s crucial interpreting/translating assistance. The interviews followed a traditional approach, except that the researcher deferred to Sara as being more important in the interview exchange than she was. This reflects the premise that meaning is socially constructed, and that what people do and say makes visible the meanings that underpin their actions and statements within a wider social context (Burr). Conceptualising knowledge as socially constructed privileges the role of the decoder in receiving, understanding and communicating such knowledge (Crotty). Respecting the role of the interpreter/translator signified to the participants that their views, opinions and their overall cultural context were valued.Once complete, the interviews were sent for translation and transcription by a trusted bi-lingual transcriber, where both the English and Arabic exchanges were transcribed. This was deemed essential by the researchers, to ensure both the authenticity of the data collected and to demonstrate “trust, understanding, respect, and a caring connection” (Valibhoy, Kaplan, and Szwarc, 23) with the participants. Upon completion of the interviews with volunteer members of the MARH community, and at the beginning of the analysis phase, researchers recognised the need for the adoption of an interpretive framework. The interpretive approach seeks to understand an individual’s view of the world through the contexts of time, place and culture. The knowledge produced is contextualised and differs from one person to another as a result of individual subjectivities such as age, race and ethnicity, even within a shared social context (Guba and Lincoln). Accordingly, a mother-tongue Arabic speaker, who identifies as a refugee (Al-Hameed), was added to the project. All authors were involved in writing up the article while authors two, three and four took responsibility for transcript coding and analysis. In the transcripts that follow, words originally spoken in Arabic are in intalics, with non-italcised words originally spoken in English.Discrimination and BelongingAya initially fled from her home in Syria into neighbouring Jordan. She didn’t feel welcomed or supported there.[00:55:06] Aya: …in Jordan, refugees didn’t have rights, and the Jordanian schools refused to teach them [the children…] We were put aside.[00:55:49] Interpreter, Sara (to Researcher): And then she said they push us aside like you’re a zero on the left, yeah this is unfortunately the reality of our countries, I want to cry now.[00:56:10] Aya: You’re not allowed to cry because we’ll all cry.Some refugees and migrant communities suffer discrimination based on their ethnicity and perceived legitimacy as members of the host society. Although Australian refugees may have had searing experiences prior to their acceptance by Australia, migrant community members in Australia can also feel themselves “constructed in the public and political spheres as less legitimately Australian than others” (Green and Aly). Jackson argues that both refugees and migrants experiencethe impossibility of ever bridging the gap between one’s natal ties to the place one left because life was insupportable there, and the demands of the nation to which one has travelled, legally or illegally, in search of a better life. And this tension between belonging and not belonging, between a place where one has rights and a place where one does not, implies an unresolved relationship between one’s natural identity as a human being and one’s social identity as ‘undocumented migrant,’ a ‘resident alien,’ an ‘ethnic minority,’ or ‘the wretched of the earth,’ whose plight remains a stigma of radical alterity even though it inspires our compassion and moves us to political action. (223)The tension Jackson refers to, where the migrant is haunted by belonging and not belonging, is an area of much research focus. Moreover, the label of “asylum seeker” can contribute to systemic “exclusion of a marginalised and abject group of people, precisely by employing a term that emphasises the suspended recognition of a community” (Nyers). Unsurprisingly, many refugees in Australia long for the connectedness of the lives they left behind relocated in the safe spaces where they live now.Eades focuses on an emic approach to understanding refugee/migrant distress, or trauma, which seeks to incorporate the worldview of the people in distress: essentially replicating the interpretive perspective taken in the research. This emic framing is adopted in place of the etic approach that seeks to understand the distress through a Western biomedical lens that is positioned outside the social/cultural system in which the distress is taking place. Eades argues: “developing an emic approach is to engage in intercultural dialogue, raise dilemmas, test assumptions, document hopes and beliefs and explore their implications”. Furthermore, Eades sees the challenge for service providers working with refugee/migrants in distress as being able to move beyond “harm minimisation” models of care “to recognition of a facilitative, productive community of people who are in a transitional phase between homelands”. This opens the door for studies concerning the notions of attachment to place and its links to resilience and a refugee’s ability to “settle in” (for example, Myers’s ground-breaking place-making work in Plymouth).Resilient PrecariousnessChaima: We feel […] good here, we’re safe, but when we sit together, we remember what we went through how my kids screamed when the bombs came, and we went out in the car. My son was 12 and I was pregnant, every time I remember it, I go back.Alongside the dreams that migrants have possible futures are the nightmares that threaten to destabilise their daily lives. As per the work of Xavier and Rosaldo, post-migration social life is recreated in two ways: the first through participation and presence in localised events; the second by developing relationships with absent others (family and friends) across the globe through media. These relationships, both distanced and at a distance, are dispersed through time and space. In light of this, Campays and Said suggest that places of past experiences and rituals for meaning are commonly recreated or reproduced as new places of attachment abroad; similarly, other recollections and experience can trigger a sense of fragility when “we remember what we went through”. Gupta and Ferguson suggest that resilience is defined by the migrant/refugee capacity to “reimagine and re-materialise” their lost heritage in their new home. This involves a sense of connection to the good things in the past, while leaving the bad things behind.Resilience has also been linked to the migrant’s/refugee’s capacity “to manage their responses to adverse circ*mstances in an interpersonal community through the networks of relationships” (Eades). Resilience in this case is seen through an intersubjective lens. Joseph reminds us that there is danger in romanticising community. Local communities may not only be hostile toward different national and ethnic groups, they may actively display a level of hostility toward them (Boswell). However, Gill maintains that “the reciprocal relations found in communities are crucially important to their [migrant/refugee] well-being”. This is because inclusion in a given community allows migrants/refugees to shrug off the outsider label, and the feeling of being at risk, and provides the opportunity for them to become known as families and friends. One of MAHR’s central aims was to help bridge the cultural divide between MARH users and the broader Australian community.Hope[01:06: 10] Sara (to interviewee, Aya): What’s the key to your success here in Australia?[01:06:12] Aya: The people, and how they treat us.[01:06:15] Sara (to Researcher): People and how they deal with us.[01:06:21] Aya: It’s the best thing when you look around, and see people who don’t understand your language but they help you.[01:06:28] Sara (to Researcher): She said – this is nice. I want to cry also. She said the best thing when I see people, they don’t understand your language, and I don’t understand theirs but they still smile in your face.[01:06:43] Aya: It’s the best.[01:06:45] Sara (to Aya): yes, yes, people here are angels. This is the best thing about Australia.Here, Sara is possibly shown to be taking liberties with the translation offered to the researcher, talking about how Australians “smile in your face”, when (according to the translator) Aya talked about how Australians “help”. Even so, the capacity for social connection and other aspects of sociality have been linked to a person’s ability to turn a negative experience into a positive cultural resource (Wilson). Resilience is understood in these cases as a strength-based practice where families, communities and individuals are viewed in terms of their capabilities and possibilities, instead of their deficiencies or disorders (Graybeal and Saleeby in Eades). According to Fozdar and Torezani, there is an “apparent paradox between high-levels of discrimination experienced by humanitarian migrants to Australia in the labour market and everyday life” (30) on the one hand, and their reporting of positive well-being on the other. That disparity includes accounts such as the one offered by Aya.As Wilson and Arvanitakis suggest,the interaction between negative experiences of discrimination and reports of wellbeing suggested a counter-intuitive propensity among refugees to adapt to and make sense of their migration experiences in unique, resourceful and life-affirming ways. Such response patterns among refugees and trauma survivors indicate a similar resilience-related capacity to positively interpret and derive meaning from negative migration experiences and associated emotions. … However, resilience is not expressed or employed uniformly among individuals or communities. Some respond in a resilient manner, while others collapse. On this point, an argument could be made that collapse and breakdown is a built-in aspect of resilience, and necessary for renewal and ongoing growth.Using this approach, Wilson and Arvanitakis have linked resilience to hope, as a “present- and future-oriented mode of situated defence against adversity”. They argue that the term “hope” is often utilised in a tokenistic way “as a strategic instrument in increasingly empty domestic and international political vocabularies”. Nonetheless, Wilson and Arvanitakis believe hope to be of vital academic interest due to the prevalence of war and suffering throughout the world. In the research reported here, the authors found that participants’ hopes were interwoven with dreams of being reunited with their families in a place of safety. This is a common longing. As Jackson states,so it is that migrants travel abroad in pursuit of utopia, but having found that place, which is also no-place (ou-topos), they are haunted by the thought that utopia actually lies in the past. It is the family they left behind. That is where they properly belong. Though the family broke up long ago and is now scattered to the four winds, they imagine a reunion in which they are together again. (223)There is a sense here that with their hopes and dreams lying in the past, refugees/migrants are living forward while looking backwards (a Kierkegaardian concept). If hope is thought to be key to resilience (Wilson and Arvanitakis), and key to an individual’s ability to live with a sense of well-being, then perhaps a refugee’s past relations (familial) impact both their present relations (social/community), and their ability to transform negative experiences into positive experiences. And yet, there is no readily accessible way in which migrants and refugees can recreate the connections that sustained them in the past. As Jackson suggests,the irreversibility of time is intimately connected with the irreversibility of one’s place of origin, and this entwined movement through time and across space proves perplexing to many migrants, who, in imagining themselves one day returning to the place from where they started out, forget that there is no transport which will convey them back into the past. … Often it is only by going home that is becomes starkly and disconcertingly clear that one’s natal village is no longer the same and that one has also changed. (221)The dream of home and family, therefore and the hope that this might somehow be recreated in the safety of the here and now, becomes a paradoxical loss and longing even as it is a constant companion for many on their refugee journey.Esma’s DreamAccording to author three, personal dreams are not generally discussed in Arab culture, even though dreams themselves may form part of the rich tradition of Arabic folklore and storytelling. Alongside issues of mental wellbeing, dreams are constructed as something private, and it generally breaks social taboos to describe them publicly. However, in personal discussions with other refugee women and men, and echoing Jackson’s finding, a recurring dream is “to meet my family in a safe place and not be worried about my safety or theirs”. As a refugee, the third author shares this dream. This is also the perspective articulated by Esma, who had recently had a fifth child and was very much missing her extended family who had died, been scattered as refugees, or were still living in a conflict zone. The researcher asked Sara to ask Esma about the best aspect of her current life:[01:17:03] Esma: The thing that comforts me here is nature, it’s beautiful.[01:17:15] Sara (to the Researcher): The nature.[01:17:16] Esma: And feeling safe.[01:17:19] Sara (to the Researcher): The safety. ...[01:17:45] Esma: Life’s beautiful here.[01:17:47] Sara (to the Researcher): Life is beautiful here.[01:17:49] Esma: But I want to know people, speak the language, have friends, life is beautiful here even if I don’t have my family here.[01:17:56] Sara (to the Researcher): Life is so pretty you only need to improve the language and have friends, she said I love my life here even though I don’t have any family or community here. (To Esma:) I am your family.[01:18:12] Esma: Bring me my siblings here.[01:18:14] Sara (to Esma): I just want my brothers here and my sisters.[01:18:17] Esma: It’s a dream.[01:18:18] Sara (to Esma): it’s a dream, one day it will become true.Here Esma uses the term dream metaphorically, to describe an imagined utopia: a dream world. In supporting Esma, who is mourning the absence of her family, Sara finds herself reacting and emoting around their shared experience of leaving siblings behind. In doing so, she affirms the younger woman, but also offers a hope for the future. Esma had previously made a suggestion, absorbed into her larger dream, but more achievable in the short term, “to know people, speak the language, have friends”. The implication here is that Esma is keen to find a way to connect with Australians. She sees this as a means of compensating for the loss of family, a realistic hope rather than an impossible dream.ConclusionInterviews with refugee families in a Perth-based migrant support centre reveals both the nightmare pasts and the dreamed-of futures of people whose lives have experienced a radical disruption due to war, conflict and other life-threatening events. Jackson’s work with migrants provides a context for understanding the power of the dream in helping to resolve issues around the irreversibility of time and circ*mstance, while Wilson and Arvanitakis point to the importance of hope and resilience in supporting the building of a positive future. Within this mix of the longed for and the impossible, both the refugee informants and the academic literature suggest that participation in local events, and authentic engagement with the broader community, help make a difference in supporting a migrant’s transition from dreaming to reality.AcknowledgmentsThis article arises from an ARC Linkage Project, ‘A Hand Up: Disrupting the Communication of Intergenerational Welfare Dependency’ (LP140100935), supported by the Australian Research Council, Partner Organisation St Vincent de Paul Society (WA) Inc., and Edith Cowan University. The authors are grateful to the anonymous staff and member of Vinnies’ Migrant and Refugee Homebase for their trust in and support of this project, and for their contributions to it.ReferencesBadiou, Alan. Saint Paul: The Foundation of Universalism. Trans. Ray Brassier. Stanford, CA: Stanford UP, 2003.Boswell, Christina. “Burden-Sharing in the European Union: Lessons from the German and UK Experience.” Journal of Refugee Studies 16.3 (2003): 316–35.Burr, Vivien. Social Constructionism. 2nd ed. Hove, UK & New York, NY: Routledge, 2003.Campays, Philippe, and Vioula Said. “Re-Imagine.” M/C Journal 20.4 (2017). Aug. 2017 <http://journal.media-culture.org.au/index.php/mcjournal/article/view/1250>.Crotty, Michael. The Foundations of Social Research: Meaning and Perspective in the Research Process. St Leonards: Allen & Unwin, 1998.Eades, David. “Resilience and Refugees: From Individualised Trauma to Post Traumatic Growth.” M/C Journal 16.5 (2013). Aug. 2013 <http://journal.media-culture.org.au/index.php/mcjournal/article/view/700>.Fozdar, Farida, and Silvia Torezani. “Discrimination and Well-Being: Perceptions of Refugees in Western Australia.” The International Migration Review 42.1 (2008): 1–34.Gill, Nicholas. “Longing for Stillness: The Forced Movement of Asylum Seekers.” M/C Journal 12.1 (2009). Mar. 2009 <http://journal.media-culture.org.au/index.php/mcjournal/article/view/123>.Graybeal, Clay. “Strengths-Based Social Work Assessment: Transforming the Dominant Paradigm.” Families in Society 82.3 (2001): 233–42.Green, Lelia, and Anne Aly. “Bastard Immigrants: Asylum Seekers Who Arrive by Boat and the Illegitimate Fear of the Other.” M/C Journal 17.5 (2014). Oct. 2014 <http://journal.media-culture.org.au/index.php/mcjournal/article/view/896>.Guba, Egon G., and Yvonna S. Lincoln. "Competing Paradigms in Qualitative Research." Handbook of Qualitative Research 2 (1994): 163-194.Gupta, Akhil, and James Ferguson. “Beyond ‘Culture’: Space, Identity, and the Politics of Difference.” Religion and Social Justice for Immigrants. Ed. Pierrette Hondagneu-Sotelo. New Jersey: Rutgers UP, 2006. 72-79.Jackson, Michael. The Wherewithal of Life: Ethics, Migration, and the Question of Well-Being. California: U of California P, 2013.Joseph, Miranda. Against the Romance of Community. Minnesota: University of Minnesota Press, 2002.Myers, Misha. “Situations for Living: Performing Emplacement." Research in Drama Education 13.2 (2008): 171-180. DOI: 10.1080/13569780802054828.Nyers, Peter. “Abject Cosmopolitanism: The Politics of Protection in the Anti-Deportation Movement.” Third World Quarterly 24.6 (2003): 1069–93.Saleeby, Dennis. “The Strengths Perspective in Social Work Practice: Extensions and Cautions.” Social Work 41.3 (1996): 296–305.Valibhoy, Madeleine C., Ida Kaplan, and Josef Szwarc. “‘It Comes Down to Just How Human Someone Can Be’: A Qualitative Study with Young People from Refugee Backgrounds about Their Experiences of Australian Mental Health Services.” Transcultural Psychiatry 54.1 (2017): 23-45.Wilson, Michael. Accumulating Resilience: An Investigation of the Migration and Resettlement Experiences of Young Sudanese People in the Western Sydney Area. Sydney: University of Western Sydney, 2012.Wilson, Michael John, and James Arvanitakis. “The Resilience Complex.” M/C Journal 16.5 (2013). <http://journal.media-culture.org.au/index.php/mcjournal/article/view/741>.Xavier, Johnathon, and Renato Rosaldo. “Thinking the Global.” The Anthropology of Globalisation. Eds. Johnathon Xavier and Renato Rosaldo. New Jersey: Wiley-Blackwell Publishers, 2002.

Abstract:

In one of the earliest films about a whistleblower, On the Waterfront (1954), the dock worker Terry Malloy (Marlon Brando), who also works for the union boss and mobster Johnny Friendly (Lee J. Cobb), decides to testify in court against him and uncover corruption and murder. By doing so he will not only suffer retribution from Friendly but also be seen as a “stool pigeon” by his co-workers, friends, and neighbours who will shun him, and he will be “marked” forever by his deed. Nonetheless, he decides to do the right thing. Already it is clear that in most cases the whistleblowers are not simply the ones who reveal things, but they themselves are also revealed.My aim in this article is to explore the depiction of Edward Snowden and Julian Assange in fiction film and its connection to what I would like to call, with Slavoj Žižek, “Hollywood ideology”; the heroisation of the “ordinary guy” against a big institution or a corrupt individual, as it is the case in Snowden (2016) on the one hand, and at the same time the impossibility of true systemic critique when the one who is criticising is “outside of the system”, as Assange in The Fifth Estate (2013). Both films also rely on the notion of individualism and convey conflicting messages in regard to understanding the perception of whistleblowers today. Snowden and AssangeAlthough there are many so called “whistleblower films” since On the Waterfront, like Serpico (1973), All the President’s Men (1976), or Silkwood (1983), to name but a few (for a comprehensive list see https://ew.com/movies/20-whistleblower-movies-to-watch/?), in this article I will focus on the most recent films that deal with Edward Snowden and Julian Assange. These are the most prominent cases of whistleblowing in the last decade put to film. They are relevant today also regarding their subject matter—privacy. Revealing secrets that concern privacy in this day and age is of importance and is pertinent even to the current Coronavirus crisis, where the question of privacy again arises in form of possible tracking apps, in the age of ever expanding “surveillance capitalism” (Zuboff).Even if Assange is not strictly speaking a whistleblower, an engagement with his work in this context is indispensable since his outsider status, up to a point, resembles those of Snowden or Manning. They are not only important because they can be considered as “authentic heroe[s] of our time” (Žižek, Pandemic, 7), but also because of their depiction which differs in a very crucial way: while Snowden is depicted as a “classic” whistleblower (an American patriot who did his duty, someone from the “inside”), Assange’s action are coming from the outside of the established system and are interpreted as a selfish act, as it is stated in the film: “It was always about him.”Whistleblowers In his Whistleblower’s Handbook, Kohn writes: “who are these whistleblowers? Sometimes they are people you read about with admiration in the newspaper. Other times they are your co-workers or neighbours. However, most whistleblowers are regular workers performing their jobs” (Kohn, xi). A whistleblower, as the employee or a “regular worker”, can be regarded as someone who is a “nobody” at first, an invisible “cog in the wheel” of a certain institution, a supposedly devoted and loyal worker, who, through an act of “betrayal”, becomes a “somebody”. They do something truly significant, and by doing so becomes a hero to some and a traitor to others. Their persona suddenly becomes important.The wrongdoings that are uncovered by the whistleblower are for the most part not simply isolated missteps, but of a systemic nature, like the mass surveillance by the National Security Agency (NSA) uncovered by Snowden. The problem with narratives that deal with whistleblowing is that the focus inevitably shifts from the systemic problem (surveillance, war crimes, etc.) to the whistleblower as an individual. Moretti states that the interest of the media regarding whistleblowing, if one compares the reactions to the leaking of the “Pentagon Papers” regarding the Vietnam War in the 1970s by Daniel Ellsberg and to Snowden’s discoveries, shifted from the deed itself to the individual. In the case of Ellsberg, Moretti writes:the legitimate questions were not about him and what motivated him, but rather inquiry on (among other items) the relationship between government and media; whether the U.S. would be damaged militarily or diplomatically because of the release of the papers; the extent to which the media were acting as watchdogs; and why Americans needed to know about these items. (8)This shift of public interest goes along, according to Moretti, with the corporate ownership of media (7), where profit is the primary goal and therefore sensationalism is the order of the day, which is inextricably linked to the focus on the “scandalous” individual. The selfless and almost self-effacing act of whistleblowing becomes a narrative that constructs the opposite: yet another determined individual that through their sheer willpower achieves their goal, a notion that conforms to neoliberal ideology.Hollywood IdeologyThe endings of All the President’s Men and The Harder They Fall (1956), another early whistleblower film, twenty years apart, are very similar: they show the journalist eagerly typing away on his typewriter a story that will, in the case of the former, bring down the president of the United States and in the latter, bring an end to arranged fights in the boxing sport. This depiction of the free press vanquishing the evil doers, as Žižek states it, is exactly the point where “Hollywood ideology” becomes visible, which is:the ideology of such Hollywood blockbusters as All the President’s Men and The Pelican Brief, in which a couple of ordinary guys discover a scandal which reaches up to the president, forcing him to step down. Corruption is shown to reach the very top, yet the ideology of such works resides in their upbeat final message: what a great country ours must be, when a couple of ordinary guys like you and me can bring down the president, the mightiest man on Earth! (“Good Manners”)This message is of course part of Hollywood’s happy-ending convention that can be found even in films that deal with “serious” subject matters. The point of the happy end in this case is that before it is finally reached, the film can show corruption (Serpico), wrongdoings of big companies (The Insider, 1999), or sexual harassment (North Country, 2005). It is important that in the end all is—more or less—good. The happy ending need not necessarily be even truly “happy”—this depends on the general notion the film wants to convey (see for instance the ending of Silkwood, where the whistleblower is presumed to have been killed in the end). What is important in the whistleblower film is that the truth is out, justice has been served in one way or the other, the status quo has been re-established, and most importantly, there is someone out there who cares.These films, even when they appear to be critical of “the system”, are there to actually reassure their audiences in the workings of said system, which is (liberal) democracy supported by neoliberal capitalism (Frazer). Capitalism, on the other hand, is supported by the ideology of individualism which functions as a connecting tissue between the notions of democracy, capitalism, and film industry, since we are admiring exceptional individuals in performing acts of great importance. This, in turn, is encapsulated by the neoliberal mantra—“anyone can make it, only if they try heard enough”. As Bauman puts it more concretely, the risks and contradictions in a society are produced socially but are supposed to be solved individually (46).Individualism, as a part of the neoliberal capitalist ideology, is described already by Milton Friedman, who sees the individual as the “ultimate entity in the society” and the freedom of the individual as the “ultimate goal” within this society (12). What makes this an ideology is the fact that, in reality, the individual, or in the context of the market, the entrepreneur, is always-already tethered to and supported by the state, as Varoufakis has successfully proven (“Varoufakis/Chomsky discussion”). Therefore individualism is touted as an ideal to strive for, while for neoliberalism in order to function, the state is indispensable, which is often summed up in the formula “socialism for the rich, capitalism for the poor” (Polychroniou). The heroic Hollywood individual, as shown in the whistleblower film, regardless of real-life events, is the perfect embodiment of individualist ideology of neoliberal capitalism—we are not seeing a stylised version of it, a cowboy or a masked vigilante, but a “real” person. It is paradoxically precisely the realism that we see in such films that makes them ideological: the “based on a true story” preamble and all the historical details that are there in order to create a fulfilling cinematic experience. All of this supports its ideology because, as Žižek writes, “the function of ideology is not to offer us a point of escape from our reality but to offer us the social reality itself as an escape from some traumatic, real kernel” (Sublime Object 45). All the while Snowden mostly adheres to Hollywood ideology, The Fifth Estate also focuses on individualism, but goes in a different direction, and is more problematic – in the former we see the “ordinary guy” as the American hero, in the latter a disgruntled individual who reveals secrets of others for strictly personal reasons.SnowdenThere is an aspect of the whistleblower film that rings true and that is connected to Michel Foucault’s notion of power (“Truth and Power”). Snowden, through his employment at the NSA, is within a power relations network of an immensely powerful organisation. He uses “his” power, to expose the mass surveillance by the NSA. It is only through his involvement with this power network that he could get insight into and finally reveal what NSA is doing. Foucault writes that these resistances to power from the inside are “effective because they are formed right at the point where relations of power are exercised; resistance to power does not have to come from elsewhere to be real … It exists all the more by being in the same place as power” (Oushakine 206). In the case of whistleblowing, the resistance to power must come exactly from the inside in order to be effective since whistleblowers occupy the “same place as power” that they are up against and that is what in turn makes them “powerful”.Fig. 1: The Heroic Individual: Edward Snowden in SnowdenBut there is an underside to this. His “relationship” to the power structure he is confronting greatly affects his depiction as a whistleblower within the film—precisely because Snowden, unlike Assange, is someone from inside the system. He can still be seen as a patriot and a “disillusioned idealist” (Scott). In the film this is shown right at the beginning as Snowden, in his hotel room in Hong Kong, tells the documentary filmmaker Laura Poitras (Melissa Leo) and journalist Glenn Greenwald (Zachary Quinto) his name and who he is. The music swells and the film cuts to Snowden in uniform alongside other soldiers during a drill, when he was enlisted in the army before work for the NSA.Snowden resembles many of Stone’s typical characters, the all-American patriot being disillusioned by certain historical events, as in Born on the 4th of July (1989) and JFK (1991), which makes him question the government and its actions. It is generally of importance for a mainstream Hollywood film that the protagonist is relatable in order for the audiences to sympathise with them (Bordwell and Thompson 82). This is important not only regarding personal traits but, I would argue, also political views of the character. There needs to be no doubt in the mind of American audiences when it comes to films that deal with politics, that the protagonists are patriots.Stone’s film profits from this ambivalence in Snowden’s own political stance: at first he is more of a right winger who is a declared fan of Ayn Rand’s conservative-individualist manifesto Atlas Shrugged, then, after meeting his future partner Lindsey Mills, he turns slightly to the left, as he at one point states his support for President Obama. This also underlines the films ambiguity, as Oliver Stone openly stated about his Vietnam War film Platoon (1986) that “it could be embraced by … the right and the left. Essentially, most movies make their money in the middle” (Banff Centre). As Snowden takes the lie detector test as a part of the process of becoming a CIA agent, he confirms, quite sincerely it seems, that he thinks that the United States is the “greatest country in the world” and that the most important day in his life was 9/11. This again confirms his patriotic stance.Snowden is depicted as the exceptional individual, and at the same time the “ordinary guy”, who, through his act of courage, defied the all-powerful USA. During the aforementioned job interview scene, Snowden’s superior, Corbin O’Brian (Rhys Ifans), quotes Ayn Rand to him: “one man can stop the motor of the world”. Snowden states that he also believes that. The quote could serve as the film’s tagline, as a “universal truth” that seems to be at the core of American values and that also coincides with and reaffirms neoliberal ideology. Although it is undeniable that individuals can accomplish extraordinary feats, but when there is no systemic change, those can remain only solitary achievements that are only there to support the neoliberal “cult of the individual”.Snowden stands in total contrast to Assange in regard to his character and private life. There is nothing truly “problematic” about him, he seems to be an almost impeccable person, a “straight arrow”. This should make him a poster boy for American democracy and freedom of speech, and Stone tries to depict him in this way.Still, we are dealing with someone who cannot simply be redeemed as a patriot who did his duty. He cannot be unequivocally hailed as an all-American hero since betraying state secrets (and betrayal in general) is seen as a villainous act. For many Americans, and for the government, he will forever be remembered as a traitor. Greenwald writes that most of the people in the US, according to some surveys, still want to see Snowden in prison, even if they find that the surveillance by the NSA was wrong (365).Snowden remains an outcast and although the ending is not quite happy, since he must live in Russian exile, there is still a sense of an “upbeat final message” that ideologically colours the film’s ending.The Fifth EstateThe Fifth Estate is another example of the ideological view of the individual, but in this case with a twist. The film tries to be “objective” at first, showing the importance and impact of the newly established online platform WikiLeaks. However, towards the end of the film, it proceeds to dismantle Julian Assange (Benedict Cumberbatch) with the “everyone has secrets” platitude, which effectively means that none of us should ever try to reveal any secrets of those in power, since all of us must have our own secrets we do not want revealed. The film is shown from the perspective of Assange’s former disgruntled associate Daniel Domscheit-Berg (Daniel Brühl), who wrote a book about his time at WikiLeaks on which the film is partly based on (Inside WikiLeaks). We see Assange through his eyes and delve into personal moments that are supposed to reveal the “truth” about the individual behind the project. In a cynical twist, it is Daniel who is the actual whistleblower, who reveals the secrets of WikiLeaks and its founder.Assange, as it is said in the film, is denounced as a “messiah” or a “prophet”, almost a cult leader who only wants to satisfy his perverse need for other people’s secrets, except that he is literally alone and has no followers and, unlike real cult leaders, needs no followers. The point of whistleblowing is exactly in the fact that it is a radical move, it is a big step forward in ending a wrongdoing. To denounce the radical stance of WikiLeaks is to misunderstand and undermine the whole notion of whistleblowing as a part of true changes in a society.The cult aspects are often referred to in the film when Assange’s childhood is mentioned. His mother was supposed to be in a cult, called “The Family”, and we should regard this as an important (and bad) influence on his character. This notion of the “childhood trauma” seems to be a crutch that is supposed to serve as a characterisation, something the scriptwriting-guru Robert McKee criticises as a screenwriting cliché: “do not reduce characters to case studies (an episode of child abuse is the cliché in vogue at the moment), for in truth there are no definitive explanations for anyone’s behaviour” (376).Although the film does not exaggerate the childhood aspect, it is still a motive that is supposed to shed some light into the “mystery” that is Assange. And it also ties into the question of the colour of his hair as a way of dismantling his lies. In a flashback that resembles a twist ending of an M. Night Shyamalan thriller, it turns out that Assange actually dyes his hair white, witnessed in secret by Daniel, instead of it turning naturally white, as Assange explains on few occasions but stating different reasons for it. Here he seems like a true movie villain and resembles the character of the Joker from The Dark Knight (2008), who also tells different stories about the origin of his facial scars. This mystery surrounding his origin makes the villain even more dangerous and, what is most important, unpredictable.Žižek also draws a parallel between Assange and Joker of the same film, whom he sees as the “figure of truth”, as Batman and the police are using lies in order to “protect” the citizens: “the film’s take-home message is that lying is necessary to sustain public morale: only a lie can redeem us” (“Good Manners”). Rather than interpreting Assange’s role in a positive way, as Žižek does, the film truly establishes him as a villain.Fig. 2: The Problematic Individual: Julian Assange in The Fifth EstateThe Fifth Estate ends with another cheap psychologisation of Assange on Daniel’s part as he describes the “true purpose” of WikiLeaks: “only someone so obsessed with his own secrets could’ve come up with a way to reveal everyone else’s”. This faux-psychological argument paints the whole WikiLeaks endeavour as Assange’s ego-trip and makes of him an egomaniac whose secret perverted pleasure is to reveal the secrets of others.Why is this so? Why are Woodward and Bernstein in All the President’s Men depicted as heroes and Assange is not? The true underlying conflict here is between classic journalism; where journalists can publish their pieces and get the acclaim for publishing the “new Pentagon Papers”, once again ensuring the freedom of the press and “inter-systemic” critique. This way of working of the press, as the films show, always pays off. All the while, in reality, very little changes since, as Žižek writes, the “formal functioning of power” stays in place. He further states about WikiLeaks:The true targets here weren’t the dirty details and the individuals responsible for them; not those in power, in other words, so much as power itself, its structure. We shouldn’t forget that power comprises not only institutions and their rules, but also legitimate (‘normal’) ways of challenging it (an independent press, NGOs, etc.). (“Good Manners”)In the very end, the “real” journalism is being reinforced as the sole vehicle of criticism, while everything else is “extremism” and, again, can only stem from a frustrated, even “evil”, individual. If neoliberal individualism is the order of the day, then the thinking must also revolve around that notion and cannot transcend that horizon.ConclusionŽižek expresses the problem of revealing the truth in our day and age by referring to the famous fable “The Emperor’s New Clothes”, where a child is the only one who is naive and brave enough to state that the emperor is in fact naked. But for Žižek today,in our cynical era, such strategy no longer works, it has lost its disturbing power, since everyone now proclaims that the emperor is naked (that Western democracies are torturing terrorist suspects, that wars are fought for profit, etc., etc.), and yet nothing happens, nobody seems to mind, the system just goes on functioning as if the emperor were fully dressed. (Less than Nothing 92)The problem with the “Collateral Murder”, a video of the killing of Iraqi civilians by the US Army, leaked by Wikileaks and Chelsea Manning, that was presented to the public, for instance, was according to accounts in Inside Wikileaks and Inside Julian Assange’s War on Secrecy, that it did not have the desired impact. The public seems, in the end, to be indifferent to such reveals since it effectively cannot do anything about it. The return to the status quo after these reveals supports this stance, as Greenwald writes that after Snowden’s leaks there was no substantial change within the system; during the Obama administration, there was even an increase of criminal investigations of whistleblowers with an emergence of a “climate of fear” (Greenwald 368). Many whistleblower films assure us that in the end the system works; the good guys always win, the antagonists are punished, and laws have been passed. This is not to be accepted simply as a Hollywood convention, something that we also “already know”, but as an ideological stance, since these films are taken more seriously than films with similar messages but within other mainstream genres. Snowden shows that only individualism has the power to challenge the system, while The Fifth Estate draws the line that should not be crossed when it comes to privacy as a “universal” good because, again, “everyone has secrets”. Such representations of whistleblowing and disruption only further cement the notion that in our societies no real change is possible because it seems unnecessary. Whistleblowing as an act of revelation needs therefore to be understood as only one small step made by the individual that in the end depends on how society and the government decide to act upon it.References All the President’s Men. Dir. Alan J. Pakula. 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