Archive for the ‘Performance’ Category

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PROJECTION fills a white wall. Text image:

A pattern, precedent, and lively warrant
A pattern, precedent, and lively warrant

NURSE exits first.
JULIET, LADY CAPULET move to speak; their backs are turned toward each other, almost touching, but not.

JULIET:   Is there no pity sitting in the clouds //
LADY CAPULET:   My arms, full of rain, shall answer.
JULIET:   … that sees into the bottom of my grief?
LADY CAPULET:   My hands, a bowl for thee.
JULIET:   O mother, cast me not away.
LADY CAPULET:   Your voice is a match. //
JULIET:   I can love enough to die.
LADY CAPULET:   Strike it!
JULIET:   My tomb, my open mouth is but sand beneath my feet.
LADY CAPULET:   You are not soft.
JULIET:   My fingers bleed from endings that never do.
O, Hear me, with patience but to speak a word.
Let it end, now!
LADY CAPULET:   And then to ash.
(beat)
JULIET:   I am not soft.

from, girlswork

Image: Still from production (right to left), Anuta Skrypnychenko, Sandy Lai, Kate Abrams, Claudia Wit, and Blair Kay,

 


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50.    IPA.    Redcap.  Stubby brown glass. A bottle-mouth my lips blow a whistle across.
Every Friday the beer truck delivered; we didn’t have a car.
I never really thought about why she put it up there, up there on the mantle.

“A freak of nature,” a neighbour whispered holding it up to the window, then looking at her.

The cap’s metal teeth biting down, sunlight filling the glass,
warming the small dead body inside.

“An omen” my mother said.

I.

The stone fireplace has a mantle (as all should);
a carved wooden crow with one glass eye
watches the room entirely      convinced.
She’d walk her dog, Rocco,
a grey German Shepherd, along the riverbank.
Pant leg hems muddy.  She comes in through the backdoor
wiping his paws with a tea towel.
Her dog swam out, brought driftwood back held tight between his teeth
Growled when she took it away.
A piece of fallen oak, she liked its uprootedness.
A boat with holes to secure her square Kodachrome snapshots
sepia-toned-passengers
set careful
beginning to curl, teetering
children clutching her hands on either side
next to the convinced crow with the glass eye
watching

en neem er vooral een glas koel bier bij?

II.

a case of twenty-four
a well     a spring    a fixture
in the middle of her kitchen floor
Rocco at her feet
she divines from a chrome chair
elbows on her bare legs
smoking a cigarette the driver left
pulls the kerchief from her hair
thinks about cracking open
glass rubbing glass clinking glass
hooked in her crooked fingers
brown headless bodies
full of ale “good for breast feeding” she says
a consolation prize

in one bottle she sees a small vagrancy
caught by its tail
as it slipped through the air vent the crack, the cage
breathless fugitive
weightless body
heavy plans gone awry
bottled then capped
“think i’m dead?”

they muse

her floating eyelids up and down
did she just wink?
“cheeky”
mouse inside her glass house
winks back
she places her bottled stowaway next to her boat next to her snaps next
to her cocky one eyed crow next
lighting another cigarette, she admires her mantle (as all should)

they both wonder:

“how shall i be got out?”
cigarette ash drops to the floor
“how             shall i be got out?”

Kim Anderson, Métis writer and scholar, explains that “Native women [have] historically been equated with the land.  The Euro-constructed image of Native women therefore mirrors Western attitudes towards the earth.  Sadly, this relationship has typically developed within the context of control, conquest, possession, and exploitation” (100). Emma LaRocque borrows from Sarain Stump‘s poetry in There Is My People Sleeping when explaining the significance of hearing the voices that break the violent continuity of this ever present colonial misrepresentation:

I was mixing the stars and sand
In front of him
But he couldn’t understand
I was keeping the lightening of
The thunder in my purse
Just in front of him
But he couldn’t understand
And I have been killed a thousand times
Right at his feet

“Culture forms our beliefs” as Gloria Anzaldua argues, and “we perceive the version of reality that it communicates. Dominant paradigms, predefined concepts that exist as unquestionable, unchallengeable, are transmitted to us through the culture” (38). Stereotypes are not spontaneous phenomena; they require what John Durham Peters calls “the zone of intelligibility” (208) where a meeting of minds can take place – this takes time. But where does “the zone” or what Wilkie Collins used as his essay title, “The Unknown Public,” occur?  How does it happen? What are the power configurations at work and how are the images and their inscribed knowledge transmitted and what is their material and psychic impact?  When describing the representation of Aboriginal peoples in Canada’s nineteenth-century, historian, Lyle Dick explains “from the time of Confederation, the media has generated images of Canada, its constituent peoples and regions, exerting a wide-ranging impact on the country’s culture. To study these images, especially in the key period after 1867, is to witness the nation-state in the process of its ideological construction” (1).[1]

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Plate 1

The nineteenth-century newspapers in America, Britain, and Canada were the most ubiquitous agent of popular education (Anderson and Robertson 2011; Benjamin 1968; Brake 2009; Burke 2005) and as such constructed events using established stereotyped colonial ideologies to organize a meeting of minds or “imagined communities” among strangers (Anderson, “Imagined” 6). European whiteness mobilized the stereotype of the so-called “wild savage” and held within it the noble, the child, the feminine, and the enemy. Nancy Black argues that to determine a sovereign state there must be an enemy and it manifested in the Western illustrated press into the figure of “The Indian” (130). Understanding that the nation’s communication systems were saturated with the figure of  “The Indian,” in its multiple formations, begins to address Daniel Francis’ question:  “How did I begin to believe in the Imaginary Indian?” (18).  Francis’s query opens further questions concerning the shaping of a national consciousness that contributed to a unifying ideology that Eva Mackey calls Canadian-Canadians (3) or as Mark Cronlund Anderson and Carmen L. Robertson describe as “imagined Canadiana” (9).

How then is the mythical continuity of a unified “Canada” ruptured in the 2013 counter movement Idle No More; moreover, how does the present leadership of Chief Theresa Spence disrupt (in her demand to speak with the Prime Minister of Canada concerning land, governance, social and economic policies) the historical national framework that has endeavoured to make absent and silence Aboriginal women and girls: (in)actions that continue to wage an ignored colonial violence against them, and even in the real and statistical atrocities, that mark the evidence of their missingness and murders, their names are erased. What violence then, it must be asked, does the Prime Minister’s refusal to speak to Chief Theresa Spence continue to advocate and authorize?

It was not surprising to read the biased article reported by the CBC, a Canadian Crown corporation owned by the federal state: “Review of troubled Northern Ontario reserve’s finances says federal funds spent without records” If the audit report, that the CBC coverage presents inaccurately, is actually read it is clear that the audit conclusions criticize, in fact, the federal government’s department of Aboriginal Affairs and Northern Development Canada’s (AANDC) management, or rather mismanagement, of the Attawapiskat funding. The media and its “timely” slandering of Chief Theresa Spence’s leadership is a stark reminder (if indeed one needs to be reminded) of the colonial strategies and stereotypes that continue to be deployed by the government through the media when they are confronted with acts of resistance.

The line of attack is not new. The foundational media strategy is rooted as far back as the c1493 Basel woodcut, “Epistola de insulis nuper inventis” [“Concerning islands recently discovered”], from Columbus’ letters and the advent of print production; yet, its stronghold, within the material and psychic spaces of growing nationalism and printing press technology in Canada, is made by the mid-nineteenth century.

In the July 16, 1885 edition of The Regina Leader newspaper, for instance, under the headline Telegraphic News – Ottawa  – “Supplementary Estimates Brought Down,” paper editor and owner, Nicholas Flood Davin summarizes the federal budget report for the North West; the article proves insightful particularly when bearing in mind the ignored petitions and the grievances brought forward against the federal government by the Métis peoples, Aboriginal Nations, and white settlers concerning not only land, but also the social anxiety and violence by increased and aggressive policing along with an upswing in the government’s implementation of irresponsible and malignant policies that created the foundations of inadequate health, economic, educational, and social systems on Reserves – issues demanded to be constitutionally addressed and recognized in the Métis Bill of Rights (1869 and 1885).  Sound familiar? The report includes the 1885 federal budget forecasting $250,000 earmarked to the North West Mounted Police, $50,000 toward land surveys, $660,000 for the CPR, and $6,000 to the “Half-breeds” (1). The report on one level reflects the government’s exclusive priorities: security, ‘acquisition’ of land, military transportation and communication technologies through the North West specifically adhering to colonial objectives, while on another appeasing the apparent needs and sentiments of the Victorian settlers by disseminating propaganda that security is enforced, land is organized, mobility and communication services are accessible, and that the Métis, with Riel charged with high treason, were, according to their the under-funding, “disappearing,” and the Aboriginal Nations (not allotted a funding budget line) were not present at all. It was the era of the “Vanishing Indian” and similar to the 2013 CBC coverage, the numbers were presented to do colonial ideological legwork. Conventional to the Leader’s format, the article is followed by a travel narrative entitled “The North West as, a Home, for the Small Farmer” and on the following page, the headline “The End of the Rebellion.”

In the same issue, the article “The Mounted Police – The Report of the Commissioner” replicates the geographical specialization of race, the implementation of government policies in the Indian Act, as well as how the policies were not accepted by the Aboriginal communities but were instead forced upon them in the issuing of discipline and punishment through state policing.  In the report, Prime Minister John A. Macdonald condemns “the indiscriminate camping of Indians in the vicinity of towns and villages in the North West … Indians should not be allowed to leave their reserves without a permit from a local Indian agent.” The report

pointed out that the introduction of such a system [The Indian Act] would be  tantamount to a breach of confidence with the Indians generally, inasmuch as from the outset the Indians had been led to believe that compulsory residence on reservations would not be required of them, and that they would be at liberty to travel about for legitimate hunting and trading purposes … that discretionary power, according to circumstance should be vested in the officers of police, was wise and sound … The camping of Indians near towns is an unmitigated nuisance, and if they are to be allowed to wander off their reserves without even the small check of a permit from the local agent, what is the good of having reserves at all?

Davin’s extract taken from the House of Commons invites his readers into the sovereign zone of intelligibility as it reinforces the mapping of racialized spatial hierarchies and authorizes “community” surveillance as a “wise and sound” method to maintain security while it segregates boundary lines between the civilized “towns and villages,” and individuals from Native communities as “unmitigated nuisance.”  Within the loaded colonial tropology of “if they are to be allowed to wander” metaphorically transfers as it reduces the Aboriginal population as deviant and must be kept confined and more specifically aligned with the state protocols of incarceration. In 2012, with the prison population overwhelmed with individuals of Aboriginal descent, the nineteenth government policy as a racist template continues to have catastrophic implications: “Aboriginal people are four per cent of the Canadian population, but 20 per cent of the prison population … one in three women in federal prisons is Aboriginal and over the last 10 years representation of Aboriginal women in the prison system has increased by 90 per cent.”[2] Moreover, the imperial euphemism of discretionary power issued by the North West Mounted Police (NWMP) elides the colonial violence in the rhetoric of security; the police did not protect the rights and interests of the Indigenous population but, rather, collaborated closely with eastern business interests who paid their salaries.[3] By 1883, 70% of the Métis and more than 50% of the Native English (“Half-breeds”) had seen the lands they occupied in 1870 patented to others mostly Ontario Orangemen newcomers.[4]

The public slandering of Chief Theresa Spence in the national media, and the Prime Minister’s explicit disrespect in his refusal to meet with her as a leader of a community, within the nation of Canada, that has not only been mismanaged by its federal agents (as identified in the audit report) but has also been sanctioned into a state of crisis because of the AANDC’s delinquent and negligent methods, reflects how Harper continues in the colonial footsteps of his nineteenth century Conservative predecessor.

Macdonald_Nov20_1885

Plate 2

There was another figure who led, with others, two movements of resistance, whose leadership was also disparaged in the press, and who articulated his response to the nineteenth century Canadian federal government concerning parallel issues that remain to be addressed in 2013. To follow is one instance among many:

The only things I would like to call your attention to, before you retire to deliberate are:
1st. That the House of Commons, Senate, and ministers of the Dominion who makes laws for this land and govern it are no representation whatever of the people of the North-West.
2ndly. That the North-West Council generated by the federal Government has the great defect of its parent.
3rdly. The number of members elected for the Council by the people make it only a sham representative legislature and no representative Government at all. British civilization, which rules to day the world, and the British constitution has defined such Government as this which rules the North West Territory is an irresponsible Government, which plainly means that there is no responsibility, and by the science which as been shown here yesterday you[] are compelled to admit it, there is no responsibility, it is insane. (Louis Riel, Prisoner’s Address, 1885)

The Idle No More movement is also not a recent phenomena but a continuum of 500 years of resistance. Perhaps then, in the news media’s eagerness and the government’s colonial anxiety that attempt to misrepresent and undermine, once again, Aboriginal peoples issues, demands and leadership, make evident just how powerful Spence’s counter movement, and a growing solidarity, is.

List of Illustrations

Plate 1
“Canada West” (c. 1923-1925)
Immigration Poster
Issued under the direction of N. James Alexander Robb,
Minister of Immigration and Colonization, Ottawa, Canada

Plate 2
Glenbow Museum.  Edgar Dewdney Fond.
“J.A. Macdonald to Dewdney.” Correspondence with Sir John A. Macdonald – 1878-1888.
Series 8. M-320-p.587. On-line.

[1] Dick, Lyle. Manitoba History, 48. Autumn/Winter 2004/2005. Web. April 30 2012. http://www.mhs.mb.ca/docs/mb_history/48/nationalism.shtml

[2] Carolyn Bennett. “Aboriginal People Need Solutions, Not More Jail Time.” The Huffington Post. December 11, 2012. Retrieved from http://www.huffingtonpost.ca/hon-carolyn-bennett/aboriginal-crime_b_1923856.html

[3] Metis Culture 1875-1885.”1883.” Retrieved from http://www.telusplanet.net/public/dgarneau/metis50.htm

[4] Metis Culture 1875-1885. Retrieved from -http://www.telusplanet.net/public/dgarneau/metis50.htm

The students – Megan Reback, Élan Stahl, and Hannah Levinson – used ‘the word’
during a public reading at John Jay High school
in a New York city suburb.

School principal Richard Leprine said the girls
were being punished because they disobeyed
an order not to use ‘the word.’

They used the word

Hang thee, young baggage!
Disobedient wretch.
I tell thee what – get thee to church Thursday
Or never after look me in the face
Speak not, reply not, do not answer me!
My fingers itch …
Out on her.             [Capulet in Romeo and Juliet]

The three girls
were a bit older than Juliet would have been
when she disobeyed

When a student chooses not to follow that directive, consequences follow.
[Leprine in NYTimes, Mar 8, 2007]

The girls said they never made such agreement.   [NYTimes, Mar 8,2007]

Megan, Élan, and Hannah took turns reading an excerpt
from the play; then they read the
offending passage together:

My short skirt is a liberation flag in the
women’s army – they read – I declare
these streets, any streets, my vagina’s
country.   [from Monologues, “My Short Skirt”]

Readings of the play [The Vagina Monologues]
are a common fund-raiser for sexual assault
and battered women’s centres
because [Eve] Ensler
suspends royalty payments for groups combating
violence against women

Plate 1. Francesca Woodman: From Angel series, Rome, 1977. George and Betty Woodman.

Plate 2. Francesca Woodman, Untitled, Providence, Rhode Island, 1975-1978. George and Betty Woodman.

On August 9, 2011 the British Broadcasting Corporation (BBC) aired an interview with West Indian writer, broadcaster, and  civil liberties campaigner Darcus Howe concerning the London riots. The “on the street” interview positioned Howe in the foreground with a burnt out building and fire truck in the background. Howe, when attempting to give context to the riots specifically about the treatment of West Indian youth, was continually interrupted and the BBC interviewer who, through her questioning, not only mispronounced his name but also represented Howe as being an active agent in the violence associated with the riots. To follow is an excerpt from the interview:

Interviewer: “Marcus Dowe (sic) are you shocked about what you seen there last night?”

Howe: “No, not at all … I have been living in London for 50 years … but what I am certain about is that something very serious was going to happen in this country … the political leaders had no idea, the police had no idea but if you look at young blacks and the whites with a discerning eye and the careful hearing they would tell us what is happening in this country…”

Interviewer: “If I can stop you Mr. Howe … You say you are not shocked so does this mean you condone what was happening in your community last night?”

Howe: “Of course not … what I am concerned about more than anything else … is a young man Mark Duggan … and a few yards away from where he lives a police officer blew his head off, blew his face off … [over talking by interviewer] … let me finish … “

Interviewer: “Mr. Howe we have to wait for the official inquiry before we can say things like that … we are going to wait for the police report on it …

Howe: (continuing) “They have been stopping and searching young blacks for no reason at all …”

Interviewer: Mr. Howe … that may well have happened but that is not an excuse to go out rioting …

Howe: “… I don’t call it rioting. I call it an insurrection of the masses of the people … “

Interviewer: “Mr. Howe, you are not a stranger to riots yourself I understand? You have taken part in them yourself … ?

Howe: “I have never taken part in a single riot. I have been in demonstrations that ended up in a conflict and have some respect for an old West Indian negro instead of accusing me of being a rioter … Have some respect … you sound like an idiot.

Interview cut off.

The BBC interview excerpt crystallizes what Michel Foucault describes as a “historical irruption,” (2002, 31) a discontinuity in the “fixed” continuity of a colonial narrative that classifies and demarcates the civilized and the savage. It also reveals the media as an agent of the law in its sanctioning the authority to the interviewer to reprimand Howe’s criminal accusations against the police as unauthorized without “official inquiry,” yet simultaneously privileges the interviewer to accuse Howe as a rioter. Norman Fairclough would describe the interviewer as a “gatekeeper” (45) and the framework within which the interview takes place presents how, as Stuart Hall explains, “meaning floats” and that it cannot be finally fixed. However, attempting to ‘fix’ it is the work of a representational practice, which intervenes in the many potential meanings of an image in an attempt to privilege one” (228). The “meaning” of images, in this interview, is mobilized by sovereign forces (government owned media) to create “the civilized.” Howe’s speaking against the master narrative by demanding respect, invalidating the law, undermining the sovereign authority of a British media force, and revealing state ignorance of West Indian youth resistance provides a catalyst from which to question, as Foucault suggests “those divisions or groupings with which we have become so familiar” (2002, 24). The BBC interview exemplifies Ericson, Baranek, and Chan’s argument that “the news media and law also share an affinity in claiming that their policing is in the public interest. The basis of this claim is the appearance of neutrality. The consequence of this claim is that the news media and law are able to accomplish a degree of legitimacy and authority for their own institutions, while also selectively underpinning or undercutting legitimacy and authority of other social institutions” (7). The dividing line is thus established, to maintain order, between “legitimate” and “illegitimate” and is reflected in the “Eurocentric binarism” (Hall 160) of the civilized and savage. What is particular about news is that it is “fundamentally a discourse of morality, procedure, and hierarchy, providing symbolic representations of order in these terms” (Ericson et al 5). From fifteenth-century European contact onward a wide spectrum of media continues to work in tandem with legal frameworks to disseminate the discourse of the savage-other in order to reinforce an apparatus of the civilized or as Robert A. Williams describes as the “will of Empire.”

Amber-Dawn Bear Robe reflects upon how this “will” is countered in the work of Rebecca Belmore:

Kaja Silverman used the term suturing in reference to cinematography. In films narratives are stitched together, but in a structure that hides the suturing process to give the illusion a clean, un-spliced story. These narratives have been sutured to naturalize and support myths that are ingrained in the North American psyche. Silverman argues that in order to expose the illusion of truths and power relations in western society, the sutures must be made visible” (Silverman 1983).

Bear Robe describes Belmore’s work as revealing “The spaces between the stitches, the blank moments that create the dominant moments (binary opposites) are also valuable signifiers. The moments in between are not usually witnessed by the audience. Exposing the suture marks results in exposing the construction of the story, the myth and lies behind the image.”

Howe’s explicit counter conduct against government propaganda runs parallel to Belmore’s desire to “release the figure from a suffocating ideology” (Bear Robe 1).

“Through powerful images that implicate the body, performances that address history and memory, and gestures that evoke a sense of place, Rebecca Belmore is known for creating multi-disciplinary works that reveal a long-standing commitment to the politics of identity and representation.”

Bear Robe, Amber-Dawn. “Rebecca Belmore’s Performance of Photography.” Aboriginal Curatorial Collective. Web. 2012. http://www.aboriginalcuratorialcollective.org/features/bearrobe.html.

Ericson, Richard Victor, Patricia M. Baranek, Janet B. L. Chan.  Representing Order: Crime, Law, and Justice in the News Media.  Toronto: University of Toronto Press, 1991.

Fairclough, Norman. Language and Power. Second Edition. London: Longman, 2001.

Foucault, Michel Archeology of Knowledge. Oxon: Routledge, 2002.

Hall, Stuart, ed. Representation: Cultural Representations and Signifying Practices. London:  Open University, 1997.

Silverman, Kaja. The Subject of Semiotics. New York: Oxford University Press, 1983.

Williams, Robert A. The American Indian in Western Legal Thought: The Discourses of  Conquest. New York: Oxford University Press, 1989.

The Canadian “War Measures Act,” passed in 1914, is a sovereign order that decides the necessity of a state of emergency to authorize the government to suspend all civil liberties and by-pass parliamentary debate. The order, which defines sovereignty as well as “the enemy,” creates a no-man’s land or a state of exception where all laws, as well as constitutional formations are dissolved.  The sovereign, unconstrained by law, is thereby  able to implement military actions against the designated “enemy” and when decided, will act to reestablish order, civility, and “the norm”: “The sovereign must decide both that a situation is exceptional and what to do about the exception in order to be able to create or recover a judicial order when the existing one is threatened by chaos” (Schmitt xx).

The Act was implemented three times in Canadian History: during World War I with the represented threat of Germans and Communists (for instance, Leon Trotsky was arrested in Halifax), during World War II with the detention in Interment Camps of those “identified” as Japanese or others marked as spies, and in 1970 during the Quebec October Crisis which was sanctioned as “a state of apprehended insurrection” (a euphemism that only Trudeau could come up with).

In 1988, through the process of liberal democracy, the Act was repealed and replaced with “The Emergency Act. ” The change in the Act differs from the original in that it is now subject to the Canadian Charter of Rights and Freedoms and that a declaration of a state of emergency must be reviewed by Parliament.

With this said, it is crucial to understand what exactly sovereignty is and how it is defined by identifying “the enemy,”  by declaring a state of emergency, and more significantly its ability to make exceptions.

Carl Schmitt, a German legal and political thinker, who, although let’s face it has a rather unsavoury past, remains instructive when deconstructing the concrete meaning of sovereignty.  Schmitt defines sovereignty as “he who decides the exception” (5).  The sovereign has the absolute, dictatorial and unlimited quality of the decision.  Yet, the paradox of sovereignty is that the law is the judicial norm and without it the exception to it could not exist and thus nor could sovereignty. Therefore, the sovereign exists both inside and outside of the law. Schmitt’s political and theological touchstone is Thomas Hobbes and is reflected in Schmitt’s assertion that “the one who has authority can demand obedience – and it is not always the legitimate sovereign who possesses the authority” (xxxix).  The caveat is significant.

In an analysis of sovereignty Schmitt’s critique of liberal democracy is also salient, particularly in a study of sovereignty’s many guises.  For example, a core tenet of liberal democracy is that power is to be checked by power.  This is made evident, for instance, in the change in the War Measures Act and the move to demonstrate and “show” its citizens that the government is accountable to and for the public’s safety.  However, with the sovereign’s exception in mind, how then does the Canadian Emergency Act, as law, really function and how is it implemented and against whom?  It is indeed difficult to believe that an Act that determines a sovereign’s force has only been declared three times? How then does the Act manifest in Canada and what are its latent enforcements?

But first consider examples of legislated States of Emergency in a comparison between  Article 48 of the Weimar Constitution (which Schmitt had a hand in producing) and the Canadian “Declaration of a Public Order Emergency”:

If, in the German Reich, public security and order are considered disturbed or endangered, the Reichspräsident may undertake necessary measure to restore public security and order, and if necessary my intervene with the aid of armed forces.  For this purpose he may suspend, temporarily, in part or entirely, the basic rights as provided in articles 114, 115, 117, 118, 123, 124, and 153. (Schmitt xivi)

and the Canadian “Emergency Act”:

(1) When the Governor in Council believes, on reasonable grounds, that a public order emergency exists and necessitates the taking of special temporary measures for dealing with the emergency, the Governor in Council, after such consultation as is required by section 25, may, by proclamation, so declare.

2) A declaration of a public order emergency shall specify
(a) concisely the state of affairs constituting the emergency;
(b) the special temporary measures that the Governor in Council anticipates may be necessary for dealing with the emergency; and (c) if the effects of the emergency do not extend to the whole of Canada, the area of Canada to which the effects of the emergency extend.[1]

(1) Nothing in a declaration of a public order emergency or in any order or regulation made pursuant thereto shall be construed or applied so as to derogate from, or to authorize the derogation from, the control or direction of the government of a province or a municipality over any police force over which it normally has control or direction.

(2) Where the Royal Canadian Mounted Police is used or employed in a province or municipality pursuant to an arrangement under section 20 of the Royal Canadian Mounted Police Act, subsection (1) applies in respect of the Royal Canadian Mounted Police, subject to the terms and conditions of the arrangement.

Present in both Acts is the word “necessary” which ultimately is deemed by the sovereign alone.  The move from legitimate to dictatorial is indeed slippery.

Interestingly, in 1914 the Canadian sovereign State ‘s “War Measures Act,” similar to Germany’s Article 48 “State of Emergency Act,” was used against Germans in Canada.

The police action against protestors in Montreal poses an interesting contemporary example, among a league of others including continuing resistances by Aboriginal nations against the federal government, and post 9/11 surveillance, detentions and torture.  Does the sovereign state make exceptions to the rule of law by circumventing the legislated “State of Emergency” when it decides what action is necessary to maintain public “safety”?  What nuanced tactics does it use to maintain order when dealing “with an emergency,” and to demand obedience? Does the act of giving the police force additional power without parliamentary review, or being subject to the Charter of Rights and Freedoms, form an exception that by-passes the messy implementation of the Emergency Act and most certainly public scrutiny?  What is the norm? Is the enemy always already a subject who counters not only the laws of civil conduct but also anyone who resists the sovereign’s order of obedience?  Schmitt would say yes and so would Hobbes. It is therefore important to understand the prerogative of the sovereign’s political authority; its Machiavellian exponents, as well as its ongoing power to make exceptions to laws; and more crucially to be aware of the liberal democratic guises that shroud the beast of sovereignty.


[1] Canada. Department of Justice. “Declaration of a Public Order Emergency.” See Act in its entirety at http://laws-lois.justice.gc.ca/eng/acts/E-4.5/page-5.html#docCont

Schmitt, Carl. Political Theology: Four Chapters on the Concept of Sovereignty. Trans. George Schwab. Chicago: University of Chicago Press, 2005.

The alignment of spectacle with the political subject rather than citizen is a strong one, and for good reason. Grounded in political history, it reoccurs every time the public gets drawn to a major media event such as the Super Bowl or the outbreak of war. (Hariman and Lucaites 299)

The public execution is to be understood not only as a judicial but also as a political ritual. It belongs, even in minor cases, to the ceremonies by which power is manifested. (Foucault 47)

… where, on a scaffold that will be erected there, the flesh will be torn from his breasts, arms, thighs and calves with red-hot pincers, his right hand, holding the knife with which he committed the said parricide, burnt with sulpher, and, on those places where the flesh will be torn way, poured molten lead, boiling oil, burning resin, wax and sulphur melted together and then his body drawn and quartered by four horses and his limbs and body consumed by fire, reduced to ashes and his ashes thrown to the winds … ‘Finally, he was quartered,’ recounts the Gazette de’Amsterdam of 1 April 1757. This last operation was very long, because the horses used were not accustomed to drawing; consequently, instead of four, six were needed; and when that did not suffice, they were forced, in order to cut off the wretch’s thighs, to sever the sinews and hack at the joints … It is said that, though he was always a great swearer, no blasphemy escaped his lips; but the excessive pain made him utter horrible cries, and he often repeated: ‘My God, have pity on me! Jesus, help me!’ The spectators were all edified by the solicitude of the parish priest of St. Paul’s who despite his great age did not spare himself in offering consolation to the patient. …” (Foucault 3)

In the opening pages of Discipline and Punish, Michel Foucault describes in excruciating detail the eighteenth-century torture and execution of Robert-François Damiens. Foucault, as John Durham Peters explains in his book Courting the Abyss, “rigorously refuses to contain the spectacle of the broken body” (88), and instead “Foucault stages a theatre of cruelty, leaving the reader with the unpalatable option of assuming that he is taking a sadistic glee in the torture and inviting the reader to enjoy the show” (88).

But why, as Peters asserts, would Foucault refuse to contain the spectacle?  Perhaps, here, Foucault is undertaking something else as he lifts the veil of spectacle to make present the political infrastructure of how the body is used to “perform ceremonies, to emit signs” (25).  The declarative “signs”of discipline and punishment have always already been impressed in the individual subjects through multiple social pedagogies and when disseminated through mediated formations harness collective publics, celebrate a meeting of minds even with an inclusion of dissent, and create, what Benedict Anderson calls, imaginary communities. Robert Hariman and John Louis Lucaites explain this intelligibility of the signs as a foundation that begins to construct the icon within an aura of spectacle to engage a “direct audience response … which … provide[s] a public audience with sufficient means for contending with potentially unmanageable events” (25).

Image

Spectators at a Public Execution (Kentucky, 1936)

Hariman and Lucaites suggest that media functions through and through this manifestation of power by creating emotional scenarios that not only secure the readers’ everyday habits such as eating breakfast, reading the newspaper, or taking out the trash but also activate “vital repertories of social behaviour”  that include sharing, archiving, and responding (34). Here, I am interested in Michael Warner’s suggestion that “the particular character of a public is that it is a space of discourse organized by discourse.  It is self-creating and self-organized; and herein lies its power, as well as its elusive strangeness” (68-9).

The media facilitates the intimate distance for its readership, a space wherein the practice of punitive action “between the ‘serene’ search for truth and the violence … cannot be entirely effaced from punishment” (Foucault 56). The media’s authority bolstered by naturalized public assumptions of civility support the utopic “search for truth” while it leads the reader into the gallows of punitive action, hand-in-hand to witness, vicariously, the spectacle of execution. The public is present while it maintains a comfortable and congregational distance.

Foucault explains that by the nineteenth-century, as a product of Enlightenment, a distance became necessary between the criminal and justice and “as a result of this new restraint, a whole army of technicians took over from the executioner, the immediate anatomist of pain: warden, doctors, chaplains, psychiatrists, psychologists, educationalist; by their very presence near the prisoner, they sing the praises that the law needs” (Foucault 11).

Image

Execution of Ruth Snyder by Electric Chair (New York, 1928).  The iconic photo was taken with a camera hidden in the photographer’s clothing and published the next day in the New York Daily News.

 

Foucault, Michel. Discipline and Punish: The Birth of the Prison. New York: Random House, 1977.

Hariman, Robert and John Louis Lucaites. No Caption Needed: Iconic Photographs, Public Culture, and Liberal Democracy. Chicago: University of Chicago Press, 2007.

Peters, John Durham. Courting the Abyss. Chicago: University of Chicago Press, 2005.

Warner, Michael.  Public and Counterpublics.  New York: Zone Books, 2002.

Humans are odd beasts especially when confronted with acts of transgression.  When, for example, a rogue force unhinges the ideological glue that was so carefully applied to “fix” a specific social narrative.   Unpredictable. Unorthodox.  Dangerous.   Three words that share a commonality among Green Eggs and Ham , Mein Kampf, and Lady Chatterley’s Lover along with thousands of other books that earned the status of banned.

But what exactly does it mean when a book is banned?   The banning of books has a long reach in history including Thalia  by Arius in 250 AD and more recently Sherman Alexie’s The Lone Ranger and Tonto’s Fist Fight in Heaven.

The etymology of the word ban is from Old English bannan or “to summon, command, proclaim” or from the German bannen “banish, expel, curse” and originally from bha “to speak publicly.”  In the late 14th century, Old Norse banna was “to curse, prohibit … to speak or a threat.”  In Old French ban was “outlawry and banishment” and the Germanic root is “banish, bandit, and contraband.”  Implicit in the word’s language formation is the circulating power between, among, and within both the sovereign and the outlaw.

But how does it slip from the strategic minds of those who mark an object as outlawed or as banned that they are actually highlighting an already existing discourse and by branding it with the Scarlet Letter provokes instead, as if by magic, a desire for it?  Hawthorne’s book, by the way, was also banned.  An outlaw, of course, is a misnomer in that by marking something or someone as transgressor or “outside of” they remain always and more potently “inside” as a threat to the status quo.  The Panopticon it seems, in its social architecture, will imprison those who watch and those who are watched.  To ban is to recognize and to authorize an object’s power – it has the power to change to shift to effect to affect.  The book is an object, a container filled with ideas and actions that are already circulating and have been circulating in other networks: from kitchens, to alleys, to libraries, classrooms, pubs, bedrooms, fields, living rooms, emails, graffiti, canvasses, music, t-shirts or no shirts,  footwear, theft, charity, hacking, poisoning, hair styles, marginalia, picket lines, fires, buses, marches, leaving, bearing witness, to undocumented silences that say so much more than that which lies between any published covers.  Why then is “the book” so dangerous?  Perhaps because it forces individuals to slow down as explained in Bradbury’s Fahrenheit 451:  “I sometimes think drivers don’t know what grass is, or flowers, because they never see them slowly”(9).

The written word is proof. Permanent.  A testament. An entry point. Social evidence. Militaristic in its very technology.  A public declaration.  Gutenberg did not only unleash the medium of print production but also a material potential of mass distribution to an unknown public, as Wilkie Collins categorized the growing demographic when criticizing nineteenth century penny press readers, who could escape marshaled codes of conduct by transgressing, without surveillance, in their own imaginations and their own will to think about stuff.  Censorship is a state praxis of population control that enables fallacies such as unification, democracy, and security by delineating “the enemy” be it in a book, individual, group, or nation, but alternatively it also earmarks distinct and very real anxieties operating through and through social systems.

The recent banning of books in Arizona relating to Mexican-American history along with cutting Ethnic Studies by the Tucson Unified School District is an example of a very real social and political anxiety and fear that manifests in the 1,951 mile long barrier wall that travels across the U.S. Mexican border.  It remains unsurprising that the state of the wall is called Operation Gatekeeper and that Paulo Freire’s Pedagogy of the Oppressed is among the books on the state’s banned list.  Freire espouses a teaching philosophy that encourages students to think critically and for themselves by removing social hierarchies and educational barriers.

To ban anything or anyone by any measure makes socially explicit the relevancy and power of that which is cast out, while simultaneously revealing the fear and anxiety of those who dictate the order.  The book is an object filled with static visual codes that are animated in the act of reading and thinking:  a potentially dangerous action when individuals are left to their own devices to interpret words and meanings for themselves (The Reformation remains a significant example) or call into question state narratives held in place by a vast range of ideologies. Alas, what the history of book banning does make evident is that illicit books will be read and evaluated regardless perhaps to a greater degree than books that enter the status quo unchallenged.  Humans are odd beasts especially in their desire to know (and more dangerously) that which they are forbidden to know or to do which includes the reading of the banned and the outlawed because it lets loose, especially in the unwatched confines of the mind, our desires, transgressions, and fears.

[T]hough all the winds of doctrine were let loose to play on the earth, so Truth be in the field, we do injuriously, by licensing and prohibiting, to misdoubt her strength. Let her and Falsehood grapple; who ever knew Truth put to the worse, in a free and open encounter? (Areopatitica, John Milton, 1644)

Among the titles included in the recent Arizona school banning is Shakespeare’s The Tempest.  The figures of Prospero and Caliban have undoubtedly released yet another post colonial allegory in Mexican-American relations, as well as inject new meaning into Caliban singing:  “Ban, Ban, Ca-Caliban” (2.2.).

Other notable banned books include:

All Quiet on the Western Front (Enrich Maria Remarque, 1929)

Animal Farm (George Orwell, 1945)

Areopatitica (John Milton, 1644)

Black Beauty (Anna Sewell, 1877)

Candide (Voltaire, 1759)

Catch 22 (Joseph Heller, 1961)

The Da Vinci Code (Dan Brown, 2003)

The Grapes of Wrath (John Steinbeck, 1939)

Big River, Big Sea – Untold Stories of 1949 (Lung Ying-tai, 2009)

The Canterbury Tales (Geoffrey Chaucer, 14th century)

The Diary of Anne Frank (Anne Frank, 1947)

A Feast for the Seaweeds (Haidar Haidar, 1983)

Frankenstein (Mary Shelley, 1818)

The Gulag Archipelago (Aleksandr Solzhenitsyn, 1973)

Green Eggs and Ham (Dr. Seuss, 1960)

The Country Girls (Edna O’Brien, 1960)

Lady Chatterley’s Lover (D.H. Lawrence, 1928)

Mein Kampf (Adolf Hitler, 1925)

July’s People (Nadine Gordimer, 1981)

The Metamorphosis (Franz Kafka, 1915)

American Psycho (Bret Easton Eillis, 1991)

The Rights of Man (Thomas Paine, 1791)

Tropic of Cancer (Henry Miller, 1934)

Uncle Tom’s Cabin (Harriet Beecher Stowe, 1852)

Operation Dark Heart (Army Reserve Lt. Col. Anthony Shaffer, 2010)

The Naked and the Dead (Norman Mailer, 1948)

Naked Lunch (William S. Burroughs, 1959)

Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties (Areopatitica, John Milton, 1644).

“How does meaning get into the image?”  Roland Barthes‘ question remains an important one when considering the December 2011 FOX News images of riots that were reported to be taking place in Moscow and how the network was caught out by the public in their use of footage from riots occurring in Greece. The public’s critique of the news and its demand for  “authenticity” is, however, not new.  Nor is the displacement of particular landscapes for particular political purposes.  This is seen in nineteenth century Canadian landscapes, among other spaces, as being artistically represented as an English countryside. Here, Benjamin West’s 1770 painting, The Death of General Wolfe, comes to mind.  Wolfe did not die on the battlefield, nor was he surrounded by military personnel, nor was there a Native American kneeling at his feet (Wolfe, in fact, held an acute disdain for Aboriginal peoples).

The image was constructed to create a national fantasy of unification and to establish a collective mass memory around a military event.   The mechanical reproduction of an “image” at the point of its very operation, as Walter Benjamin argues, is no longer “real.” “Real” can never be reproduced and therefore declarations of its rendered authenticity are impossible. With this said, the suspension of belief in its many creative imaginings remains a compelling device and therefore a lucrative commodity and political strategy to instigate mass consent.  The nineteenth century, for instance, is seen as a social site where there was a massive increase in Western readership of the paper press.  Wilkie Collins called this elusive and temporal demographic  “The Unknown Public.” Wilkie’s foundational (yet problematic) essay was first published in Charles Dickens’ periodical Household Words in 1858.  The great subtext of “The Unknown Public” is the political and capital desire and simultaneous fear of the power of individual subjects and their sovereign and unleashed opinions.  The public bodies, particularly during times of conflict, wanted to know and were discerning enough to also know the power of political rhetoric and the methods of propaganda.  One reason for the rise of the institutionalization of the library in the nineteenth century was to take the public out of the coffee houses where lively debates would take place over The Sunday Times and marginalized Penny Presses and move them into libraries where silence was demanded.

C. Wright Mills, in The Power Elite, (1956) asks a question that underpins Barthes’ rhetorical conundrum:  “but who is this public?”  Mills sees the nineteenth century not only as a transformative period in a social visual ontology (the Victorian demand “to see” and “to know”) but as a site where the public was discursively separated into the mass: a shift determined by the power elite.

Mills explains the shift:

Public:

– many people express opinions and receive them.

– small and unauthorized venues of communications.

– outlets for effective action.

– authoritative institutions do not penetrate.

Mass:

– fewer people express opinions and received them.

– venues for communications difficult for individuals to effect.

– opinions controlled by authorities.

– mass has no autonomy from authorities.

Management, control, and surveillance of the elusive and potentially transgressive “public” functioned through and through the nineteenth century industrialized media apparatus and its freshly awakened bedfellow:  illustration.  The co-opting of text and image was and is a shape-shifting technology that continues to morph in its digital manifestations on the internet to accrue the mass.  What remains significant to note is that both media,  illustration and the internet, originate in the military along with its ideologies.  Rather than disqualify a comparison of the technologies as disparate because of their analogue and digital mechanics both rely on their relative cybernetic realities to enable production and reception.  Donna Haraway explains, “Cyborgs are not reverent. … They are wary of holism, but needy for connection– they seem to have a natural feel for united front politics, but without the vanguard party. The trouble with cyborgs, of course, is that they are illegitimate offspring of militarism and patriarchal capitalism. … But illegitimate offspring are often exceedingly unfaithful to their origins. Their fathers, after all, are inessential” (“Manifesto” 151).

The critique of the FOX falsification of time and space reveals the power elites attempt to homogenize the public demonstrations as an amorphous “mass” that lacks singularity, identification, or agency; moreover, it is, in the case of FOX, the resistance from “the public” that reveals the heterogeneity of the ubiquitous power bases that remain vigilant, uncontrollable, and always demanding to see the ever elusive real.

Are we witnessing in the twenty-first century Occupation of Space a sixteenth-century counter conduct palimpsest?

The opening line in Jean Bodin’s “On Sovereignty,” in his Six books of the Commonwealth, describes sovereignty as “that absolute and perpetual power vested in a commonwealth” (25). Bodin’s book was published in 1576, and similar to Thomas Hobbes’ Leviathan (1651), his tract was in response to the outbreak of civil war that plagued his country. Hobbes and Bodin, though their respective experiences occurred less than a century apart, had a distinct fear of anarchy and social division, both were resolute in their call for an absolute sovereign who under which all subjects would be controlled by the state through their complete submission to the sovereign’s authority. Bodin’s tract is comparable to Niccolò Machiavelli’s The Prince published in 1532 as a how-to manual, or a political pedagogy of sorts, for sovereign figures to effectively control the state. In circulation during Bodin’s writing, The Prince is considered to have had an influence in Bodin’s political notions of sovereignty.  Bodin, however, differs from Machiavelli’s manifesto in his insistence that even though the commonwealth must follow the sovereign’s ordering of natural and divine law, the sovereign’s power was not arbitrary and the sovereign should strive for amenity; in contrast, Machiavelli’s project was in the art of war and tailored for a more autonomous sovereign body. As Foucault points out, during “the sixteenth century we enter the age of forms of conducting, directing and government” (231).  This is reflected in the penchant of philosophers to write strategic tracts on how to conduct a subject: “the sovereign who rules and exercises his sovereignty now finds himself responsible for, entrusted with, and assigned new tasks of conducting [men]” (Foucault “Security,” 231). Thomas Hobbes’ Leviathan is a beast, a mythical figure originating in the Hebrew Bible and with a lengthy description in the King James version, Job 41: “Canst thou draw out leviathan with a hook? (Norton).

Shakespeare also utilized the figure of the Leviathan in A Mid Summer Night’s Dream, yet in a benevolent context reflecting upon its monstrosity, its remarkable speed and suggests that a subject might overtake it:

Fetch me this herb; and be thou here again
Ere the leviathan can swim a league.
I’ll put a girdle round about the earth
In forty minutes (2.1.174).

“The Leviathan” is captured in a particular performativity, a fable, and in a contained literary and visual state marks a division of bodies in the manufacturing of the sovereign while simultaneously making known the singularity of the beast – a prototype that continues to have significant impact.

The Hobbesian model is based on the urgency to avoid civil war and chaos within the state.  Hobbes believed, as Ian Shapiro points out in his Introduction to the Leviathan “Reading Hobbes Today,” that the state of nature “is terrible – depicted in perhaps the most frequently quoted of his memorable lines as a world in which life is ‘solitary, poore, nasty, brutish, and short’” (xix).  Hobbes believes that all subjects in the commonwealth must cede their judgment and submit to the prescribed conduct of the sovereign who is infused with divine law and judgment. If this conduct is countered, the Leviathan will return to the state of nature leaving individuals as singular subjects with no protection and security.  The images are significant here because in the seventeenth century frontispiece, for example (Plate 1), the body of the monster Leviathan, an automat, is constructed with the docile bodies, as a unity, creating a commonwealth.  Faces turned inward – individuality subsumed, and subjectified, in order to maintain the polis, and the good life.  As Derrida remarks when considering Hobbes:  “Sovereignty causes fear, and fear makes the sovereign” (40).  Something, however, is absent in this image; or, rather veiled: la bête (148). The beast, as Derrida argues, is impossible to translate but the wolf, a beast, in French is loup which also means a black velvet mask worn by women during masked balls (Derrida, “Beast,” 6).  It could also be a visor, similar to that worn by Hamlet’s ghost, or the veil that possibly cloaks the truth. Wolf as loup. The image of the beast. The beast for Hobbes is internalized in the sovereign, a unifying sensibility that requires all the power forces of the commonwealth to sustain it.  Significant, is what this fable is teaching.  The Leviathan, as beast, is unregistered.  Erased. The sovereign is coded divine; the state of nature is subtracted from the new ideology. What becomes apparent in the Hobbesian discourse is the need for an enemy in order for the sovereign body to be sustained, not unlike an Aristotelian tragedy, or a fable. For the sovereign every subject is a potential enemy and the potential enemy is the beast.

The biblical reference would be understood by the seventeenth century audience, this is crucial in order for the state to ensure obedience and instill the elements of fear of the beast that haunts the sovereign’s body: “the element of fabulation, in which the analogies between the beast and the sovereign, find their resources and their schema” (Derrida, “Beast,” 80).  A change takes place in the nineteenth-century in the image of the Leviathan created by Gustave Doré. In Plate 2, the Leviathan returns to its biblical origins seemingly drowning in the chaotic state of nature. Gustave Doré was a prolific nineteenth-century illustrator who produced among his many works Milton’s Paradise LostThe Bible (1866), as well the figure of the Leviathan, and Perrault’s Fairy Tales that include “Little Red Riding Hood.[1]

Here, Derrida’s comment on fables is apt:  “The fables themselves show that the essence of political force and power where that power makes the law” (“Beast,” 217).  Derrida delineates the lengthy lineage of the beast who is often portrayed as the “wolf” and how it walks across the stage for Hobbes, Rousseau as a self-proclaimed werewolf, Plato’s wolf-tyrant, as well, among others, La Fountaine’s Fables, fables illustrated, incidentally, by Gustave Doré (another wolf crosses the stage).

The sovereign in this space is represented explicitly as the enlightened divine law in the act of disciplining the beast that has turned rogue (a word created by Shakespeare).  The moral of the fable, recounted in wolves and sea monsters, is that obedience is a necessity;  the United States military and global sovereign forces in 2011 calls any counter conduct by alternative sovereign states, specifically the civil occupation of space as rogue, or perhaps Hobbes might have call it the contemporary Leviathan, unleashed.

Bodin, Jean. On Sovereignty.  Ed. Julian H. Franklin. Cambridge: Cambridge University Press, 1992.

Derrida, Jacques. The Beast & the Sovereign. Chicago: University of Chicago Press, 2009.

Foucault, Michel. Society must be Defended: Lectures at the Collège De France, 1975-76. New York: Picador, 2003.

…, Security, Territory, Population: Lectures at the Collège De France, 1977-78. New York: Palgrave Macmillan, 2007.

–, History of Sexuality: An Introduction, Volume 1. Trans. Robert Hurley. New York: Random House, 1990.

Hobbes, Thomas. Leviathan; or The Matter, Forme, & Power of a Common-Wealth Ecclesiasticall and Civill. New Haven: Yale University Press, 2010.

Shapiro, Ian. “Reading Hobbes Today.” Leviathan; or The Matter, Forme, & Power of a Common-Wealth Ecclesiasticall and Civill by Thomas Hobbes. New Haven: Yale University Press, 2010.


 [1] It is noted that Dore also illustrated The Tempest by William Shakespeare in 1860.